Small Business Commission Act 2017
VCAT accepts referrals from the Small Business Commission for an advisory opinion.
This page provides general information and shouldn't be considered as legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change.
Cases we can hear
Matters referred by the Small Business Commission to VCAT for an advisory opinion.
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 13 of the Small Business Commission Act 2017 and section 125 of the Victorian Civil and Administrative Tribunal Act 1998
Putting the original decision on hold
In most cases, applying for a review does not put the original decision of CPVV 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's not usually necessary to apply for a stay about any of the following:
- a decision about public access to information on the register of permission holders - as access will automatically be restricted until the application is determined by VCAT (except where a second or subsequent application is made)
- a decision where its nature means that a stay would not have any effect (for example, a stay would not assist with a decision not to grant accreditation).
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 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.
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.