Emergency Management Act 1986 (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 Minister for Police and Emergency Services under the Emergency Management Act 1986.
Cases we can hear
If your property has been taken or used in a state of disaster, you may receive such compensation as is determined by the Minister. You may be able to apply to VCAT for review of the compensation determination made by the Minister.
Legislation that gives VCAT the power to hear these applications
Emergency Management Act 1986 – section 24(6).
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.
This legislation does not specify a time limit but you should read the decision document carefully and make your application without delay. Usually, the time limit for applications for review is 28 days from the date of the decision.
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 .