Electoral Act 2002 (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 Electoral Commission in relation to enrolments on the register of electors and registrations of political parties under the Electoral Act 2002.
Cases we can hear
Decisions about enrolments
You may be able to apply to VCAT for a review of a decision in relation to your enrolment on the register of electors if:
- you have forwarded a claim for enrolment or provisional enrolment and have not been enrolled
- you have forwarded a notice of change of your address and your address on the register of electors has not been changed
- the Commission has refused to include your name on the register of electors under the section of the Electoral Act to do with inappropriate names (section 25)
- the Commission has removed your name from the register of electors after an objection to your enrolment on the ground that you are not entitled to be enrolled, or that your address is wrong (section 38 objection).
Decisions about registration of a political party
You may be able to apply to VCAT for a review of the following decisions by the Commission about political party registration if you are a person whose interests are affected by the decision:
- to register a political party
- to refuse an application to register a political party
- to grant an application to make changes to the register of political parties
- to refuse an application to make changes to the register of political parties
- to de-register a political party
- refuse an application for re-registration. Note: VCAT must not make an order during an election period.
Legislation that gives VCAT the power to hear these applications
- Electoral Act 2002 – section 42 in Part 3 (decisions about enrolments)
- Electoral Act 2002 – section 60 in Part 4 (registration of political parties)
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 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.