Fire Rescue Victoria Act 1958 (review)
VCAT can review certain decisions made by Fire Rescue Victoria relating to false fire alarms under the Fire Rescue Victoria Act 1958.
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.
The Fire Rescue Victoria Act 1958 provides for fire safety, fire suppression and fire prevention services and emergency response services. The Act also establishes processes between Fire Rescue Victoria (FRV) and the Country Fire Authority that promote collaboration and co-ordination between fire services agencies to best meet the safety needs of the Victorian community.
Cases we can hear
You may be able to apply to VCAT for a review if FRV required you to pay fees and charges as they attended a false alarm fire.
Under section 32A of the Act, alarm fire means any call for assistance at a fire, accident, explosion or other emergency.
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.
Legislation that gives VCAT the power to hear these applications
Section 32D(7) of the Fire Rescue Victoria Act 1958
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.
You must make your application within 28 days of the later of these events:
- when the decision was made
- if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, when 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.
Putting the original decision on hold
In most cases, applying for a review does not put the original decision on hold and that decision stands until VCAT makes its decision.
If you want the original decision put on hold, you must ask for this by indicating you want a ‘stay’ on the application form and briefly explaining why you are seeking a stay.
It may not be possible to put the decision on hold if there would be no practical effect in doing so.
VCAT will ask the decision maker if they agree to any stay. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.
What can VCAT order?
Unless the relevant Act of Parliament gives us different powers, VCAT can:
- affirm the original decision, in which case the original decision will stand
- vary the decision
- set aside the decision and substitute our own decision
- set aside the decision and remit (send back) the matter for reconsideration by the decision maker giving directions or recommendations
- invite the decision maker to reconsider their decision at any time during the case.
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.
Make an application
You may have to pay a fee to apply to VCAT to review a decision. Learn more about fees or apply for fee relief.
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.