Equipment (Public Safety) Act 1994 (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 WorkCover Authority under the Equipment (Public Safety) Act 1994.
Cases we can hear
You may be able to apply to VCAT if you an eligible person in relation to a reviewable decision made by the Authority, including a decision made on internal review.
You may have to apply for internal review first before you apply to VCAT. Be aware that in respect of some reviewable decisions, not made by the Authority, you must first apply to the Authority for internal review; and must do so within 14 days of the decision coming to your notice or such longer period as the Authority allows.
Section 24 of the Act sets out a table of reviewable decisions and who is an eligible person to apply for each reviewable decision.
Legislation that gives VCAT the power to hear these applications
Equipment (Public Safety) Act 1994 – section 24B.
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.
If the reviewable decision is a decision to forfeit a seized thing or document you must apply to VCAT within 28 days after the day on which the reviewable decision first came to your notice.
In the case of any other decision you must apply to VCAT:
- within 14 days after the day on which the decision first came to your notice, or
- if the Authority is required to give a statement of reasons under the Victorian Civil and Administrative Tribunal Act, within 14 days after the day on which you are given a statement of reasons.
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.