Education and Care Services National Law Act 2010 (review)

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.

In Victoria, VCAT can make orders about disciplinary action and conduct external reviews under Division 3A of Part 7 and Part 8 of the Education and Care Services National Law  (National Law).

The National Law is a schedule to the Education and Care Services National Law Act 2010 (Vic).

In Victoria, the Regulatory Authority referred to in the National Law is the Secretary of the Department of Education and Training.

Cases we can hear

Disciplinary action matters

If the Regulatory Authority reasonably believes that there are grounds for disciplinary action and the Regulatory Authority and the relevant person cannot agree on the appropriate action to take, the Regulatory Authority may apply to VCAT for a disciplinary order.

VCAT’s power to review decisions of the Regulatory Authority

If you are the subject of a reviewable decision, you may be able to apply to VCAT for external review of that decision.

A reviewable decision that can be externally reviewed by VCAT includes:

• the Regulatory Authority's decision made at internal review (except for a decision about issuing a compliance direction or a compliance notice, or a decision directing an approved provider of a family day care service to suspend the provision of education and care by a family day care educator)
• the Regulatory Authority's decision to:
  • suspend a provider approval
  • cancel a provider approval
  • suspend a service approval
  • cancel a service approval
  • give a prohibition notice or to refuse to cancel a prohibition notice.

The National Law states that a person is not entitled to a review under this section regarding a suspension or cancellation of a service approval if that suspension or cancellation relates only to an associated children's service. Any right of review would be under the Children’s Services Act 1996. See the note to section 192 of the National Law.

Legislation that gives VCAT the power to hear these applications

Section 7(b) of the Education and Care Services National Law Act 2010 and sections 188E and 192 of the Schedule to that Act, which sets out the National Law.

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

If you are applying for a review of the Regulatory Authority’s decision, your application must be made within 30 days of being notified of the reviewable decision.

What can VCAT order?

On hearing an application for a disciplinary order, if VCAT is satisfied that there are grounds for disciplinary action, VCAT may make any of these orders:

• An order reprimanding the person;
• An order requiring the person pay a penalty;
• An order requiring the person take certain actions or refrain from taking certain actions; and/or,
• An order that the person take action to publicise the person’s contravention including the circumstances and consequences of the contravention.

On hearing an application for review of the Regulatory Authority’s decision, VCAT may:

• confirm the decision of the Regulatory Authority
• amend the decision of the Regulatory Authority
• substitute another decision for the decision of the Regulatory Authority.

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.