Private Security Act 2004 (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 can review certain decisions made by the Chief Commissioner of Police under the Private Security Act 2004 regarding private security licensing and registration.
Cases we can hear
You may be able to apply to VCAT for a review if you are person whose interests are affected by a decision of the Chief Commissioner of Police:
- refusing to grant a private security licence or private security registration
- imposing conditions on a licence or registration
- refusing to renew a licence or registration
- varying a licence or registration
- refusing to vary a licence or registration
- cancelling a licence
- cancelling a licence immediately under Section 47(1A) and (1B)
- taking action under Section 56 or Section 111 in relation to a licence or registration (following an enquiry)
- refusing an application to issue, or imposing a condition on a permit for a non-Victorian applicant
- making a request for information in the course of conducting an investigation or inquiry, which request is unreasonable or irrelevant.
Cases we cannot hear
We cannot review a decision if you are, or a close associate is, a prohibited person or where the applicant is a body corporate, the nominated person or an officer of the body corporate is a prohibited person, and the relevant decision is a refusal of the Chief Commissioner to grant your application for that reason. See section150(2) of the Act.
Legislation that gives VCAT the power to hear these applications
- Section 150 of the Private Security Act 2004
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 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.
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 .
Sections 150A to 150E of the Act set out some special requirements where protected information is involved in the Chief Commissioner’s decision. You should read those sections of the Act in full.
If VCAT receives an application for review under section 150(1)(a), (c) or (ea) we must ask the Chief Commissioner whether the grounds for the refusal or cancellation were based on protected information.
If the Chief Commissioner informs VCAT that the decision was based on protected information:
- VCAT will appoint a special counsel to represent the interests of the applicant
- a Presidential Member of VCAT will hear the case
- at the hearing , VCAT will first determine whether or not the information is protected information. The hearing may be a closed session with only the Chief Commissioner and the special counsel present
- any order made by VCAT must only state:
- whether the decision of the Chief Commissioner is upheld or overturned; and
- if the licence is not granted or not reinstated that the applicant or each relevant person has failed to meet the probity requirements.
We may publish reasons for our decision to the extent that those reasons do not relate to protected information.