Surveying Act 2004
VCAT can review certain decisions made by the Surveyors Registration Board of Victoria or by a panel appointed by the Board under the Surveying Act 2004.
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.
The Surveying Act 2004 allows for:
- an annual registration of licensed surveyors to perform cadastral surveying in Victoria
- investigations into the professional conduct of licensed surveyors
- the establishment of the Surveyors Registration Board of Victoria and the Surveyors Registration Board of Victoria Fund.
Cases we can hear
You may be able to apply to VCAT for a review if you are a person whose interests are affected by a relevant decision, finding or determination made by the Surveyors Registration Board of Victoria, or by a panel appointed by the Board.
VCAT can review:
- a decision to refuse your application for registration or renewal of registration
- a decision to impose, amend, vary or revoke conditions, limitations or restrictions on your registration
- a finding or determination made at a formal hearing under Part 3 of the Act – a formal hearing into the professional conduct of a licensed surveyor.
You may need permission from VCAT to apply for a review if a finding has been made at a formal hearing, but no final determination has been made.
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 33 of the Surveying Act 2004
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 either:
- the decision being made
- if you requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the date the statement of reasons was made given to you or you were 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 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.
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.
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.