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
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
- Section 2.6.55, 4.8.1, 5.6.4, 5.7A.12 of the Education and Training Reform Act 2006
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.