Unclaimed Monies Act 2008 (referral)
On referral from the Registrar of Unclaimed Monies, VCAT can review certain determinations made by the Registrar about objections by businesses or trustees to decisions of the Registrar relating to:
- assessments or reassessments of the amount payable by a business or trustee
- applications by a business or trustee for repayment of unclaimed monies.
Cases we can hear
Only the Registrar can refer the matter to VCAT. You will be a party to the proceeding.
You may be able to request the Registrar to refer the matter to VCAT for a review of the Registrar’s determination on an objection if:
- you are (or represent) a business or trustee
- the business or trustee has been the subject of an Assessment or Reassessment under Division 2 of Part 4 of the Act or
- the business or trustee is affected by a decision made by the Registrar under section 30
- being dissatisfied with the Registrar’s assessment, reassessment or decision, you have lodged a written objection within 60 days and
- the Registrar has made a determination on your objection, or has failed to make a determination within 90 days (not including any period of suspension under section 58) and
- you have made a written request to the Registrar to refer the matter to VCAT and
- you have made your request within time - 60 days of the service of the determination on the objection on you, or in the case where the Registrar has failed to make the determination then 90 or more days after the Registrar received your objection, not including any period of suspension of the determination under section 58 and
- you have responded to any request by the Registrar, under section 60, for further and better particulars of the objection.
Legislation that gives VCAT the power to hear these applications
Unclaimed Monies Act 2008 – section 59 and see sections 56 to 65, part 5 Division 1.
Your request to the Registrar to refer the matter to VCAT must be made within 60 days after service on you of the Registrar’s determination.
You may also request the Registrar to refer the matter to VCAT if the Registrar has not determined your objection within 90 days of receiving your objection.
If the Registrar does not require you to give further particulars, and provided you have made your request within time, the Registrar must refer the matter to VCAT within 60 days of receiving your request.
If the Registrar requires you to give further and better particulars of your objection and you do not give them within 30 days, the Registrar must not refer the matter.
What can VCAT order?
On referral VCAT may confirm, reduce, increase or vary the assessment or decision.
If the you do not appear before the Tribunal, the Tribunal is bound to confirm the assessment. If good cause is shown for not appearing and application is made within the prescribed time, the Tribunal may reopen and review the matter.
Who has the onus of proof on review?
You will have the onus (responsibility) of proving your case.
Am I bound by the grounds of objection?
Your case will be limited to the grounds of the objection, and the Registrar’s case will be limited to the grounds on which the objection was disallowed, unless VCAT orders otherwise.
The Act provides definitions of ‘business’, ‘trustee’ and ‘unclaimed monies’. Be aware that the law can change. Seek legal advice if you are unsure of your legal rights.
'Business' has a very wide definition to include corporations, local councils, public hospitals, co-operatives, partnerships, trustee companies, legal practices and any body whether or not incorporated prescribed to be a business.
'Trustee' is defined to include an executor, an administrator or trustee company.
'Unclaimed monies' is defined to be principal interest, profits, salaries, wages and any other sums of money that are legally payable to the owner that have remained unpaid for less than twelve months after the money has become payable.