Parliamentary Salaries and Superannuation Act 1968 (review)
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.
VCAT has a limited power to review certain decisions made by the Emergency Services Superannuation Board made under the Parliamentary Salaries and Superannuation Act 1968.
You must make your application within 28 days after the later of the day on which
- the decision was made, or
- if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.
You may be able to apply for an extension to this time limit.
Legislation that gives VCAT the power to hear these applications
Parliamentary Salaries and Superannuation Act 1968 - section 24B.
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.
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 remit (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.
Cases we can hear
Under section 24B(1) of the Act, a person who is affected by a decision of the Board about entitlement to benefits and entitlements under the Act, may request the Board to reconsider the decision by giving written notice to the Board within 30 days after the decision comes to their notice.
You may be able to apply to VCAT for a review, if you have requested the Board to reconsider its decision.