Fisheries Act 1995 (review and original jurisdiction orders)

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 decisions made by the Victorian Fisheries Authority under the Fisheries Act 1995. We can also hear and decide on disputed compensation claims under this Act. 

Reviews we can hear

We can review decisions by Victorian Fisheries Authority to:

  • refuse to issue a licence or renew a licence
  • refuse to approve the transfer of a fishery licence
  • vary any fishery licence or permit
  • impose, vary or revoke any condition in a fishery licence or permit
  • refuse to issue a general permit on the basis that the applicantDefinitionThe person or organisation applying to VCAT. is not a fit and proper person to hold the permit
  • refuse to place the name of a person on an access licence
  • defer the renewal of a licence due to non-compliance
  • refuse approval of a transfer of individual quota units
  • refuse approval of a transfer of individual abalone quota units
  • suspend or refuse to renew or transfer a licence.

All other reviewable decisions stated in the regulations can also be heard at VCAT.

Disputed compensation claims we can hear

As the Victorian Fisheries Authority or the claimant, you can apply for the determination of a disputed compensation claim.

Legislation that gives VCAT the power to hear these applications

Section 136 and 201 of the Fisheries Act 1995.

Documents you need to apply

If you are applying for a review, attach a copy of Victorian Fisheries Authority's decision.

If you are applying about a disputed compensation claim, attach a copy of:

  • the completed Victorian Fisheries Authority compensation application form
  • any documentation stating the Victorian Fisheries Authority’s offer of compensation or refusal.

Time limits

You must make your application within 28 days of being notified of Victorian Fisheries Authority's decision.

You may be able to apply for an extension to this time limit.

What can VCAT order?

In a review, 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 makerDefinitionA person who makes or has made a decision under legislation that gives them this authority. 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.