Therapeutic Goods (Victoria) Act 2010 (review)
VCAT can review certain decisions relating to codes of practice made by the Head of the Department of Health (referred to as the Victorian Secretary) under the Therapeutic Goods (Victoria) Act 2010.
Cases we can hear
You may be able to apply to VCAT for a review if you are a person affected by a decision of the Victorian Secretary under Part 7 of the Act - which relates to codes of practice.
Legislation that gives VCAT the power to hear these applications
Therapeutic Goods (Victoria) Act 2010 - section 30.
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 .