Country Fire Authority Act 1958 (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 decisions made by the Country Fire Authority (CFA) under the Country Fire Authority Act 1958.
Cases we can hear
You may be able to apply to VCAT for a review if:
- the CFA made a decision that requires you to pay it prescribed fees and charges for attending a false alarm in a country area
- you are an owner of a property in a designated country area and the CFA has required you to form an industry brigade.
Legislation that gives VCAT the power to hear these applications
Country Fire Authority Act 1958:
- False fire alarm charges – section 20B(7)
- Requirement to form an industry brigade – section 23AA(4).
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.