Transport Superannuation Act 1988 (review)

VCAT can review certain decisions made by the Emergency Services Superannuation Board under the Transport Superannuation Act 1988.

Cases we can hear

You may be able to apply to VCAT for a review, if the Board has made a decision:

  • to determine that instead of a pension the person may elect a lump sum payment as determined by the Board
  • relating to retirement of a non-member – for example, a spouse of a deceased member
  • to reclassify members as former members
  • to determine questions of disability
  • to stop pensions if person refuses medical examination
  • where a person is under 60 years of age, on a disability pension and capable of obtaining gainful employment the Board may suspend or reduce a pension
  • to ensure Commonwealth Taxation obligations are paid
  • to approve early release of part or all of members’ or former members’ vested benefits.

Legislation that gives VCAT the power to hear these applications

Transport Superannuation Act 1988 – section 45(2).

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.

Time limits

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.