Radiation Act 2005 (review)
VCAT can review certain decisions made by the Secretary of the Department of Health under the Radiation Act 2005.
This page provides general information and shouldn't be considered legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change.
Radiation Act 2005 aims to protect the health and safety of people and the environment from the harmful effects of radiation. The Act also reflects Victoria’s commitment to the National Directory for Radiation Protection, which outlines a common approach for Commonwealth, state and territory governments in regulating radiation practices.
Cases we can hear
Under the Act, an eligible person can apply to VCAT to review decisions of the Secretary to:
- refuse to issue an authority to an eligible applicant
- impose a condition on an authority holder’s authority
- not renew an authority
- impose a condition on an authority that was renewed
- suspend or cancel an authority
- refuse to transfer a management licence or a facility construction licence
- vary an authority or the conditions of an authority
- forfeit a thing under section 86(1)(c).
We can also review decisions of the Secretary to issue an improvement notice or prohibition notice under section 90A of the Act. Find out more about how to make another type of environment and resources application.
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 102 of the Radiation Act 2005
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 apply within 28 days of the later of these events:
- the day the decision was made
- the day on which you're informed by the Secretary of your right to an external review
- if you have requested a statement of reasons, the date on which you receive the statement of reasons or are notified a statement of reasons will not be given.
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 doesn't 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 doesn't 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're seeking a stay.
It may not be possible to put the decision on hold if it has no practical effect. For example, a stay wouldn't assist in the decision not to issue an authority.
VCAT will ask the decision maker if they agree to any stay. If the decision maker doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.
What can VCAT order?
Unless the Act gives VCAT different powers, we can:
- affirm the original decision, in which case it 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 can't 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'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.