Labour Hire Licensing Act 2018 (review)
VCAT can review decisions made by the Labour Hire Licensing Authority under the Labour Hire Licensing Act 2018.
This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.
Labour Hire Licensing Act 2018 establishes the Labour Hire Licensing Authority, the office of the Labour Hire Licensing Commissioner, and a licensing system to regulate the provision of labour hire services in Victoria. The Authority is responsible for implementing this legislation and undertakes education, enforcement, and compliance activity.
Cases we can hear
We can review decisions by the Labour Hire Licensing Authority about labour hire licences, including where the Authority:
- grants or renews a licence
- varies a licence
- refuses to grant or renew a licence
- imposes a condition on a licence
- issues a notice to comply
- suspends or cancels a licence.
You may be able to apply to VCAT for a review if you either applied to the Authority, objected to an application or are a current licence holder.
Who can apply?
You may be able to apply to VCAT for a review if you either:
- applied to the Labour Hire Licensing Authority
- objected to an application
- are a current licence holder.
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 102 of the Labour Hire Licensing Act 2018
Documents you need to apply
If you have a document from the Labour Hire Licensing Authority outlining their decision, 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 being notified of the Labour Hire Licensing Authority's decision.
If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.
VCAT will ask the decision maker if they agree to any extension. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.
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?
- 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 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 cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you are unsure about your options or need advice about your claim.
Do I need a lawyer or professional representative?
You do not 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.