Health Services Act 1998 (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 about registration of community health centres and health services establishments made by the Minister for Health or the Secretary of the Department of Health under the Health Services Act 1998.
Cases we can hear
You may be able to apply to VCAT for review if you are one of the following:
- an applicant for registration of a community health centre and the Secretary has:
- refused to register the community health centre or
- has determined to revoke the registration of a community health centre for failure to comply with the Secretary's directions
- a registered community health centre and the relevant Minister has determined to recommend the appointment of an administrator to a registered community health centre
- a person whose interests are affected by a decision of the Minister or the Secretary to:
- approve or refuse to approve registration of a health services establishment, or
- impose conditions on the approval of an application, or
- revoke the registration of a health service establishment.
Legislation that gives VCAT the power to hear these applications
The Health Services Act 1988 – sections 57C (community health centres) and 110 (health services establishments).
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.
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 maker giving directions or recommendations
- invite the decision-maker to reconsider their decision at any time during the case.