Livestock Disease Control Act 1994 (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 VCAT can hear

Compensation decisions – outbreak of an exotic disease

You may be able to apply to VCAT for a review of the Minister’s decision if:

• you are an owner who has made a claim for compensation because of the destruction of any livestock, premises, livestock product, fodder, fittings or vehicle or the death of any livestock, as a result of an outbreak of an exotic disease

and

• the Minister has directed in writing that part of the compensation otherwise payable not be paid to you because you have been convicted of an offence which caused or contributed to the spread of that exotic disease; or the destruction or death of any domestic livestock in respect of which the claim is lodged; or the destruction of any premises, livestock product, fodder, fittings or vehicle in respect of which the claim is lodged.

Licensing and Registration

You may be able to apply to VCAT for a review of a decision of the Secretary if you are a person whose interests are affected by a decision of the Secretary to:

• refuse to grant or renew a licence or registration
• suspend or cancel a licence or registration
• impose or vary conditions, restrictions or limitations on a licence or registration.

Legislation that gives VCAT the power to hear these applications

• Section 65(1) and 101(1) of the Livestock Disease Control Act 1994

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 after the later of the day on which

• 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.

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.

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.