Dangerous Goods Act 1985 and related Regulations (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 Dangerous Goods Act 1985, the Dangerous Goods (Explosives) Regulations 2011, and the Dangerous Goods (Transport by Road or Rail) Regulations 2008.
Cases we can hear
You may be able to apply to VCAT for a review if:
- a 'reviewable decision' has been made
- you are an eligible person in relation to the reviewable decision, and
- you have first followed the required internal review process.
How do I know if I am an eligible person?
The table in section 20 of the Dangerous Goods Act 1985 describes which decisions are reviewable and specifies who is an eligible person in relation to each decision.
For example, if the Authority makes a decision to issue a prohibition notice, the person to whom the notice is issued and any other person whose interests are affected by the decision will be an eligible person in respect of the decision.
Regulations 214 and 215 of the Dangerous Goods (Explosives) Regulations 2011 and Regulations 234 and 235 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008 set out additional reviewable decisions and eligible persons in relation to those decisions.
You may be able to apply to VCAT to review the decision if you are a person whose interests are affected by a decision of WorkCover under Part III of the Act (not being a reviewable decision) to:
- refuse to issue or renew a licence
- insert in a licence a condition, limitation or restriction
- amend, suspend or revoke a licence.
Other administrative decisions
If you are person whose interests are directly affected by an administrative decision of WorkCover (not being a reviewable decision and not being a decision made under Part III of the Act) you may be able to apply to VCAT to review that decision.
Legislation that gives VCAT the power to hear these applications
- Section 20B of the Dangerous Goods Act 1985
- Regulation 216 of the Dangerous Goods (Explosives) Regulations 2011
- Regulations 234 and 235 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008
Decisions under Part III of the Act relating to licences that are not reviewable decisions:
- Section 22, 23 and 25 of the Dangerous Goods Act 1985
Other administrative decisions that are not reviewable decisions and are not made under Part III of the Act:
- Section 10A of the Dangerous Goods Act 1985
Reviewable decisions – applications under section 20B
You should make your application to VCAT:
- if the decision is to forfeit a thing or a document, within 28 days after the day on which the decision first came to your notice
- if the decision is made under the regulations, within 14 days after you receive confirmation of the decision or the new decision
- in the case of any other decision, within 14 days after the day on which the decision first came to your notice or the day you received a statement of reasons whichever period ends last.
Refusal to issue or renew licences – applications under section 22
Make your application to VCAT at any time within the period of one month after receipt of the notice of refusal under section 21(7).
Conditions on licences – applications under section 23
Make your application to VCAT at any time within the period of one month after receipt of a notice of refusal under section 21(7).
Amending, suspending or revoking licences – applications under section 25
Make your application to VCAT at any time within the period of one month after receipt of a notice under section 24(4).
Other administrative decisions – applications under section 10A
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 these time limits.
Use your decision letter to complete your VCAT application
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.
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.
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.