Victims of Crime Assistance Act 1996 (review)

VCAT can review certain decisions made by the Victims of Crime Assistance Tribunal (VOCAT) under the Victims of Crime Assistance Act 1996.

Cases we can hear

Unless a judicial registrar, as a delegate of the VOCAT, made the decision, you may be able to apply to VCAT for a review of a final decision if you are a person who applied to the VOCAT for assistance and you are not satisfied with their decision:

  • refusing to make an award of assistance on an application under Division 2 of Part 3 of the Act
  • determining the amount of assistance on an application under Division 2 of Part 3 of the Act
  • refusing to vary an award under section 60 of the Act
  • determining the amount of assistance on an application for variation under section 60 of the Act
  • determining under section 62(2) that a person is required to make a refund, or determining the amount of that refund.

Cases we cannot hear

You cannot apply to VCAT for a review of an interim decision of the VOCAT. The decision must be a final decision.

You cannot apply to VCAT if a judicial registrar made the final decision. You must apply to the VOCAT for a review.

Legislation that gives VCAT the power to hear these applications

Victims of Crime Assistance Act 1996 – section 59.

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.