Victoria State Emergency Service Regulations 2006 (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 can review certain disciplinary decisions made by the Victoria State Emergency Service Authority under the Victoria State Emergency Service Regulations 2006.

Other related applications

VCAT also has the power to review some limited decisions made by the Chief Executive Officer about compensation for property loss or damage under the Victoria State Emergency Service Act 2005.

Cases we can hear

You may be able to apply to VCAT for a review if you are a member or a probationary member of the Service and the Authority has made a decision that it is:

  • satisfied that a charge against you has been substantiated
  • satisfied that you have been found guilty of an offence that is punishable by a term of imprisonment.

And, in either of these two events. the Authority has:

  • reprimanded you
  • reduced your rank or classification
  • suspended your membership
  • cancelled your membership.

Legislation that gives VCAT the power to hear these applications

Victoria State Emergency Service Regulations 2006 – Regulation 21(1).

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 Definition A person who makes or has made a decision under legislation that gives them this authority. giving directions or recommendations
  • invite the decision-maker to reconsider their decision at any time during the case .

More about how we resolve your case

Read more about hearings at VCAT, professional representation, access and privacy and communicating with VCAT.