Metropolitan Fire Brigades Act 1958 (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 Metropolitan Fire and Emergency Services Board relating to false alarm fees and charges made under the Metropolitan Fire Brigades Act 1958.
Alarm fire means any call for assistance at a fire, accident, explosion or other emergency – see section 32A of the Act.
Cases we can hear
You may be able to apply to VCAT for a review of the Board’s decision if you are:
- the owner, the occupier or an owners corporation
- the Board has given you a notice requiring you to pay the fees and charges for attendance of a fire brigade unit in response to a false alarm within the metropolitan area.
Legislation that gives VCAT the power to hear these applications
Metropolitan Fire Brigades Act 1958 - section 32D.
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.