Fundraising Act 1998 (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 Director of Consumer Affairs under the Fundraising Act 1998.
Cases we can hear
You may be able to apply to VCAT for a review of a decision to:
- refuse to register you as a fundraiser
- impose conditions, or any particular condition, on the conduct of an appeal under section 12B, 19C or 23 of the Act
- seek further information from you
- reduce the duration of your registration as a fundraiser
- refuse to renew your registration as a fundraiser
- deregister you as a fundraiser, unless the decision was made under section 33A(a) or section 33A(f) of the Act and an expedited deregistration process applies.
Legislation that gives VCAT the power to hear these applications
Fundraising Act 1998– section 33J.
You must make your application within 28 days after the later of the day on which
- 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 .