Dangerous Goods Act 1985 and related Regulations (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 Victorian WorkCover Authority under the Dangerous Goods Act 1985, the Dangerous Goods (Explosives) Regulations 2011, and the Dangerous Goods (Transport by Road or Rail) Regulations 2008.

Cases we can hear

Reviewable decisions

You may be able to apply to VCAT for a review if:

  • a 'reviewable decision' has been made
  • you are an eligible person in relation to the reviewable decision, and
  • you have first followed the required internal review process.

How do I know if I am an eligible person?

The table in section 20 of the Dangerous Goods Act 1985 describes which decisions are reviewable and specifies who is an eligible person in relation to each decision.

For example, if the Authority makes a decision to issue a prohibition notice, the person to whom the notice is issued and any other person whose interests are affected by the decision will be an eligible person in respect of the decision.

Regulations 214 and 215 of the Dangerous Goods (Explosives) Regulations 2011 and Regulations 234 and 235 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008 set out additional reviewable decisions and eligible persons in relation to those decisions.

Licensing decisions

You may be able to apply to VCAT to review the decision if you are a person whose interests are affected by a decision of WorkCover under Part III of the Act (not being a reviewable decision) to:

  • refuse to issue or renew a licence
  • insert in a licence a condition, limitation or restriction
  • amend, suspend or revoke a licence.

Other administrative decisions

If you are person whose interests are directly affected by an administrative decision of WorkCover (not being a reviewable decision and not being a decision made under Part III of the Act) you may be able to apply to VCAT to review that decision.

Legislation that gives VCAT the power to hear these applications

Reviewable decisions:

  • Dangerous Goods Act 1985 – section 20B
  • Dangerous Goods (Explosives) Regulations 2011 – regulation 216
  • Dangerous Goods (Transport by Road or Rail) Regulations 2008 – regulations 234 and 235

Decisions under Part III of the Act relating to licences that are not reviewable decisions:

  • Dangerous Goods Act 1985 – sections 22, 23 and 25

Other administrative decisions that are not reviewable decisions and are not made under Part III of the Act:

  • Dangerous Goods Act 1985 – section 10A

Time limits

Reviewable decisions – applications under section 20B

You should make your application to VCAT:

  • if the decision is to forfeit a thing or a document, within 28 days after the day on which the decision first came to your notice
  • if the decision is made under the regulations, within 14 days after you receive confirmation of the decision or the new decision
  • in the case of any other decision, within 14 days after the day on which the decision first came to your notice or the day you received a statement of reasons whichever period ends last.

Licensing decisions

Refusal to issue or renew licences – applications under section 22

Make your application to VCAT at any time within the period of one month after receipt of the notice of refusal under section 21(7).

Conditions on licences – applications under section 23

Make your application to VCAT at any time within the period of one month after receipt of a notice of refusal under section 21(7).

Amending, suspending or revoking licences – applications under section 25

Make your application to VCAT at any time within the period of one month after receipt of a notice under section 24(4).

Other administrative decisions – applications under section 10A

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 these time limits.

Use your decision letter to complete your VCAT application

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.

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.

More about how we resolve your case

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