Marine Safety 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.
VCAT can review certain decisions made by the Safety Director under the Marine Safety Act 2010.
VCAT cannot review prosecution or enforcement decisions.
Cases we can hear
You may be able to apply to VCAT for a review if you are an eligible person in respect of:
- a reviewable decision of the Safety Director
- a decision made by the Safety Director on an internal review under section 289 of the Act.
Under section 289 of the Act, you may first apply to the Safety Director for an internal review of a reviewable decision before applying to VCAT. See section 289 of the Act and note that time limits apply to applications for internal review as well as to applications to VCAT for review.
A reviewable decision means a decision of the Safety Director to:
- not grant or issue a permission
- suspend, cancel or revoke a permission
- impose or vary a condition of a permission
- issue a written direction.
A permission means any of the following:
- a marine licence
- an endorsement on a marine licence
- a harbour master licence
- a pilot licence
- a pilot exemption
- a local knowledge certificate
- registration as a pilotage services provider under Chapter 7 of the Act
- registration of a vessel
- an accreditation.
An eligible person means a person who has:
- applied for a permission
- held, or holds a permission, or
- has been given a direction by the Safety Director.
Cases we cannot hear
VCAT cannot review decisions to prosecute a person under the Act for alleged offences, or in respect of any of the enforcement provisions of the Act, including seizure, impoundment or immobilisation decisions.
Legislation that gives VCAT the power to hear these applications
Marine Safety Act 2010 - section 290.
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.