State Superannuation Act 1988 (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 decision made by the Emergency Services Superannuation Board under the State Superannuation Act 1988.

Cases we can hear

Any dispute under the Act must be decided in the first place by the Emergency Services Superannuation Board – see section 85(1) of the Act.

You may be able to apply to VCAT if you are a person whose interests are affected by a decision made by the Board.

Legislation that gives VCAT the power to hear these applications

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.

Time limits

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 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 .

About state employees' superannuation funds

If you are or have been an employee of the State of Victoria, which may include as a Contract Officer, you may be a member of one of the state employee superannuation funds. You may be an original scheme member, a revised scheme member or a new scheme member.

In the case of a member’s death, dependants of the member may be entitled to benefits from the Superannuation Fund. A dependent is the deceased person’s partner, child, or other person who in the opinion of the Board was wholly or partially dependent on the person or who had a legal right to look to the person for financial support.

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.