Public Health and Wellbeing Act 2008 (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 Chief Health Officer, the Secretary to the Department of Health, and local Councils under the Public Health and Wellbeing Act 2008.
Cases we can hear
You may be able to apply to VCAT for a review:
- if you are a person subject to a public health order made by the Chief Health Officer. You may also apply directly to the Chief Health Officer for a review of the order at any time while the order is in force – see section 121 of the Act.
- if you are a person who has applied to the Secretary under section 204(1) of the Act for compensation for loss suffered as a result of a decision by the Chief Health Officer under section 199 (authorisation to an authorised officer to exercise public health risk and emergency powers) and you are dissatisfied with the decision by the Secretary to refuse compensation or the decision as to the amount payable
- if you are a person who has applied to the Secretary, in respect of a decision of the Secretary:
- in respect of the certification or revocation of certification of a person as an approved auditor under section 94 of the Act
- in respect of the issue, variation, renewal, cancellation or suspension of a pest control licence under section 101 or section 105 of the Act
- made on an application for review by the Secretary under section 206.
- if you are a person who has applied to a local Council, in respect of a decision of the Council:
- under section 76 of the Act to cancel or suspend registration in respect of: prescribed accommodation (se s.3); or premises for businesses of beauty therapy, colonic irrigation, hairdressing, skin penetration, tattooing, or other prescribed business
- made on a review by the Council under section 205, of a decision under section 74 or 76.
Cases we cannot hear
VCAT cannot review decisions to issue improvement or prohibition notices under the Act. Any appeal about those notices must go to the Magistrates Court of Victoria.
Legislation that gives VCAT the power to hear these applications
- Sections 122, 204 and 207 of the Public Health and Wellbeing Act 2008
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.
In the case of a public health order you can apply at any time while the order is in force.
In all other cases you must make your application for review 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.