Building Act 1993 (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 Building Authority (VBA) under the Building Act 1993.
Cases we can hear
We can review decisions by the VBA to:
- refuse to register or renew a licence or registration
- take any form of disciplinary action, including issuing a warning or reprimand
- suspend or cancel a licence or registration
- impose conditions on a registration (other than prescribed conditions)
- direct or make a recommendation to a building surveyor
- make declarations about any provision of the plumbing regulations.
Legislation that gives VCAT the power to hear these applications
Section 186 and 221ZZZP of the Building Act 1993.
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.
VCAT has power to extend the time limits below.
Decisions affecting plumbers
For a review of VBA's declaration about any provision of the plumbing regulations, you must apply within 5 business days of receiving the declaration.
For all other reviews of VBA decisions about a plumber, there are no time limits.
Decisions affecting other building practitioners
For a review of a VBA decision about any other building practitioner, you must apply:
- within 14 days if you originally applied for an internal VBA review
- within 28 days if you were ineligible for an internal VBA review.
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.
Do I need a lawyer or professional representative?
You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.
Find legal services that may be able to assist you.
Need help with your application?
We can explain the application process and what the form is asking you for. Contact us to get support.
We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you are unsure about your options or need advice about your claim.
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.