Education and Training Reform Act 2006 (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 Institute of Teaching and the Victorian Registration and Qualifications Authority under the Education and Training Reform Act 2006.

Cases we can hear

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

  • you are a person affected by a decision of the Victorian Institute of Teaching to refuse your application for registration as a teacher or to refuse your application for renewal
  • you are a person affected by a decision of a hearing panel or a disciplinary inquiry to:
    • cancel or suspend your registration
    • impose conditions, limitations or restrictions on your registration
    • caution, reprimand or disqualify you.
  • you are a person affected by decisions of the Victorian Registration and Qualifications Authority relating to:
    • registration of schools, students and providers
    • course accreditation and qualifications
    • courses for overseas students
    • overseas exchange organisations
    • student exchange programs.
  • you are a leaseholder and are dissatisfied with the valuation of relevant Mildura schools land – you may be able to apply to VCAT to review the Valuer-General's decision.

Legislation that gives VCAT the power to hear these applications

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.

How much time do I have to apply to VCAT?

If your registration has been refused, you must apply within 28 days after the Victorian Institute of Teaching gives notice of its refusal – see section 2.6.55(2)(a).

If determinations have been made by a hearing panel or by an inquiry, you must apply within three months after the Victorian Institute of Teaching gives notice of the decision – see section 2.55 (2)(b).

If you dispute the valuation of relevant land, or if you dispute decisions of the Authority relating to courses, accreditations, overseas exchange, etc. you must make your application within 28 days of the decision being made or, if you requested a statement of reasons, the day you received the statement or were notified the statement would not be given, whichever day is later. See sections 5.7A.12(2) and 4.8.1(2).

You may be able to apply for an extension to these time limits.

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.

Legislation that gives VCAT the power to hear these applications

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.

How much time do I have to apply to VCAT?

If your registration has been refused, you must apply within 28 days after the Victorian Institute of Teaching gives notice of its refusal – see section 2.6.55(2)(a).

If determinations have been made by a hearing Definition The time and place at which VCAT hears the parties argue their case and makes a decision. panel or by an inquiry, you must apply within three months after the Victorian Institute of Teaching gives notice of the decision – see section 2.55 (2)(b).

If you dispute the valuation of relevant land, or if you dispute decisions of the Authority relating to courses, accreditations, overseas exchange, etc. you must make your application within 28 days of the decision being made or, if you requested a statement of reasons, the day you received the statement or were notified the statement would not be given, whichever day is later. See sections 5.7A.12(2) and 4.8.1(2).

You may be able to apply for an extension to these time limits.

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 Definition A person who makes or has made a decision under legislation that gives them this authority. giving directions or recommendations
  • invite the decision-maker to reconsider their decision at any time during the case.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.

Find free or low-cost legal services that may be able to assist you.

Need help with your application?

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim. The following services may be able to help you:

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.