Dairy Act 2000 (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 Dairy Food Safety Victoria (the Authority) under the Dairy Act 2000.
Cases we can hear
You may be able to apply to VCAT if you are a person whose interests are affected by the Authority's decision to:
- refuse to grant an exemption under section 22A(1) of the Act
- refuse to issue a dairy industry licence
- issue or renew a dairy industry licence subject to conditions
- refuse to renew a dairy industry licence
- refuse to transfer a dairy industry licence
- cancel a dairy industry licence
- suspend a dairy industry licence
- amend, vary or delete a condition or insert a new condition in the dairy industry licence.
Legislation that gives VCAT the power to hear these applications
Dairy Act 2000 – section 27(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.
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 happens to the original decision if I apply to VCAT for a review?
Section 28(2) of the Dairy Act 2000 provides for an automatic stay of the Authority's decision if you make an application for review.
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.