Education and Care Services National Law Act 2010 (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.
In Victoria VCAT can conduct external reviews under Part 8 of the Education and Care Services National Law (National Law).
The National Law is a schedule to the Education and Care Services National Law Act 2010 (Vic).
In Victoria, the Regulatory Authority referred to in Part 8 of the National Law is the Secretary of the Department of Education and Early Childhood Development.
Cases we can hear
If you are the subject of a reviewable decision you may be able to apply to VCAT for a review of that decision.
A reviewable decision for the purposes of Part 8 of the National Law is a decision of the Regulatory Authority (the Secretary) made at internal review or a decision to:
- suspend a provider approval
- cancel a provider approval
- suspend a service approval
- cancel a service approval
- suspend or cancel a supervisor's certificate
- direct the approved provider of a family day care service to suspend the care and education of children by a family day care educator; or
- give a prohibition notice or to refuse to cancel a prohibition notice.
The National Law notes that a person is not entitled to a review under this section in respect of a suspension or cancellation of a service approval if that suspension or cancellation relates only to an associated children's service. Any right of review would be under the Children’s Services Act 1996. See the note to section 192 of the National Law.
Legislation that gives VCAT the power to hear these applications
Education and Care Services National Law Act 2010 – section 7(b), and Clause 192 of the Schedule to that Act, which sets out the National Law.
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.
Your application must be made within 30 days after the day on which you are notified of the reviewable decision.
What can VCAT order?
- confirm the decision of the Regulatory Authority
- amend the decision of the Regulatory Authority
- substitute another decision for the decision of the Regulatory Authority.