Education and Care Services National Law Act 2010 (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.
In Victoria VCAT can conduct external reviews under Part 8 of the Education and Care Services National Law (National Law).
The National Law is a schedule to the Education and Care Services National Law Act 2010 (Vic).
In Victoria, the Regulatory Authority referred to in Part 8 of the National Law is the Secretary of the Department of Education and Early Childhood Development.
Cases we can hear
If you are the subject of a reviewable decision you may be able to apply to VCAT for a review of that decision.
A reviewable decision for the purposes of Part 8 of the National Law is a decision of the Regulatory Authority (the Secretary) made at internal review or a decision to:
- suspend a provider approval
- cancel a provider approval
- suspend a service approval
- cancel a service approval
- suspend or cancel a supervisor's certificate
- direct the approved provider of a family day care service to suspend the care and education of children by a family day care educator; or
- give a prohibition notice or to refuse to cancel a prohibition notice.
The National Law notes that a person is not entitled to a review under this section in respect of a suspension or cancellation of a service approval if that suspension or cancellation relates only to an associated children's service. Any right of review would be under the Children’s Services Act 1996. See the note to section 192 of the National Law.
Legislation that gives VCAT the power to hear these applications
- Section 7(b) of the Education and Care Services National Law Act 2010 and clause 192 of the Schedule to that Act, which sets out the National Law
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.
Your application must be made within 30 days after the day on which you are notified of the reviewable decision.
What can VCAT order?
- confirm the decision of the Regulatory Authority
- amend the decision of the Regulatory Authority
- substitute another decision for the decision of the Regulatory Authority.
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.