Zero and Low Emission Vehicle Distance-based Charge Act 2021
VCAT can review decisions by the Secretary to the Department of Transport based on an objection.
This page provides general information and should not be considered legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.
Zero and Low Emission Vehicle Distance-based Charge Act 2021 establishes a scheme to impose a charge on registered operators of zero and low emission vehicles for use of the vehicles on specified roads.
Cases we can hear
If you lodged an objection to a decision made by the Secretary of the Department of Transport and are dissatisfied with the Secretary’s review of the objection, may apply to VCAT for a review of:
- the Secretary’s decision on your objection
- the Secretary’s failure to decide on your objection within 90 days (not including periods of suspension) after the Secretary received the objection.
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 54 of the Zero and Low Emission Vehicle Distance-based Charge Act 2021
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 for a review of the Secretary’s decision about an objection within 60 days of being notified of the decision.
You can apply for a review of the Secretary's failure to decide about an objection 90 days after making the objection.
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.
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.