Labour Hire Licensing Act 2018 (review)

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.

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, renew or vary a licence
• imposes a condition on a licence
• issues a notice to comply
• suspends or cancels a licence.

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.

Legislation that gives VCAT the power to hear these applications

Section 102 of the Labour Hire Licensing Act 2018

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.

Time limits

You must make your application within 28 days of being notified of the Labour Hire Licensing Authority's decision.

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

What can VCAT order?

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.

Apply

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 wish 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.