Tourist and Heritage Railways Act 2010
VCAT can review certain decisions of the Tourist and Heritage Railway Registrar under the Tourist and Heritage Railways Act 2010.
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.
The Tourist and Heritage Railways Act 2010 promotes the long term viability of the tourist and heritage railway sector in Victoria and encourages operational improvements in the sector as part of an integrated and sustainable transport system.
The Act establishes a voluntary registration scheme for tourist and heritage railway operators, a register of assets used, controlled or managed by operators, and provides improved land tenure and asset management schemes for operators.
Cases we can hear
A tourist and heritage railway operator may apply for a review any of the Registrar's decisions to:
- refuse to register the operator under section 24(3)(b)
- remove the operator from the Tourist and Heritage Railway Group Register under section 28(1).
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
Sections 29 of the Tourist and Heritage Railways Act 2010
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 to VCAT within 90 days of being notified that the Registrar has:
- decided to refuse to register the operator under section 24(4); or
- removed the operator from the register under section 28(5).
Check the decision letter carefully for time limits to apply to VCAT and any other conditions.
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.
What can VCAT order?
Unless the Act gives VCAT 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 doesn't 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 can't give you legal advice. This means we can't 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.