Co-operatives National Law Application Act 2013 (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 limited decisions made by the Registrar of Co-operatives under Part 7.3 of the Co-operatives National Law (National Law) which applies in Victoria by the provisions of the Co-operatives National Law Application Law 2013.
The National Law is an annexure to the Co-operatives National Law Application Act 2013.
Cases we can hear
The applicant for the decision or the co-operative can apply to VCAT to review a decision by the Registrar of Co-operatives under Part 7.3 of the National Law:
- to refuse or fail to approve draft rules
- to refuse or fail to approve a draft disclosure statement
- to refuse or fail to register a co-operative
- to refuse or fail to approve an amendment of rules
- to refuse or fail to register an amendment of rules
- made on a review of a decision concerning liquidator's remuneration.
The participating co-operative can also apply to VCAT to review a decision if the Registrar has made a decision to give notice that a participating co-operative's authorisation to carry on business in Victoria will be withdrawn.
The National Law: clauses 570–578 set out the applications that may be made and who may apply – read them carefully. In Part 7.3 a reference to an appeal includes a reference to a review.
Cases we cannot hear
Note that VCAT is the 'designated Tribunal' only for applications under Part 7.3 of the National Law.
The Supreme Court of Victoria is the 'designated Tribunal' for all other purposes.
Legislation that gives VCAT the power to hear these applications
Co-operatives National Law Application Law Act 2013 – section 11.
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 from when:
- 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.