Drugs, Poisons and Controlled Substances Act 1981 – poisons and controlled substances

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 to review a decision by the Secretary to:

• Give an improvement notice, prohibition notice or an information or document production notice.
• Give a notice amending or revoking an action specified in an improvement notice, or amending a time specified in which action must be taken.
• Give a notice amending or revoking an activity or action specified in a prohibition notice, or amending a time specified in which a person is prohibited in engaging in certain activity.
• Give a notice amending the period within which a person must comply with an information or document production notice, or revoking the requirement to provide or produce information or documents.

Other related applications

Under this Act, VCAT can also review some decisions related to:

• poppy cultivation
• low THC cannabis authority.

Legislation that gives VCAT the power to hear these applications

Section 55AAY of the Drugs, Poisons and Controlled Substances Act 1981

Documents you need to apply

If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.

Time limits

You must make your application within 28 days from when the decision was made, or if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.

You may be able to apply for an extension to this time limit.

Apply

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.