Children's Services Act 1996 (review)
VCAT can review certain decisions by the Secretary to the Department of Education and Training about those who operate and participate in the operation of children's services – primarily about child care.
We have the power to review these decisions by the regulatory authority under the Children's Services Act 1996.
This page provides general information and shouldn't be considered as legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change.
Cases we can hear
You may be able to apply to VCAT for a review of any of the following decisions made by the Secretary.
Decisions made under an internal review
An internal review of these decisions must have occurred first before applying to VCAT for review:
- refusing to grant a provider approval or service approval
- amending (or refusing to amend) a provider approval or service approval
- imposing a condition on a provider approval or a service approval
- suspending a provider approval or service approval without a show cause process, where there is an immediate risk to the safety, health or wellbeing of a child
- refusing to consent to the transfer of a service approval
- revoking a service waiver.
- Suspending or cancelling a provider approval or service approval after a show cause process
- Giving a prohibition notice
- Refusing to cancel a prohibition notice
You can also apply to VCAT to review decisions made by the Secretary under the Children's Services Regulations 2020.
Cases we can't help with
We can’t accept:
- some cases where one party lives in another state or is a Commonwealth government organisation
- cases heard under federal law instead of Victorian law.
Legislation that gives VCAT the power to hear these applications
Section 135 of the Children's Services Act 1996
Use the notice of decision you received to help you complete the VCAT application form, and attach a copy of the notice to your application.
You must make your application within 30 days from the date you were notified of the decision or internal review decision.
VCAT can't extend the time to apply for internal review of decisions.
You may be able to apply for an extension to this time limit for a review of all other decisions.
What can VCAT order?
- confirm the original decision, in which case the original decision will stand
- amend the decision
- set aside the decision and substitute our own decision.
We can explain the application process and what the form is asking you for. Contact us to get support.
We can't give you legal advice. This means we can't tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you're unsure about your options or need advice about your claim.
Do I need a lawyer or professional representative?
You don't need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.
Find legal services that may be able to assist you.
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.