Occupational Health and Safety Regulations 2007 (review)
VCAT can review certain decisions made by the Victorian WorkCover Authority under the Occupation Health and Safety Regulations 2007.
You must comply with the process review requirements for review of decision of the Authority (see regulations 6.3.2 and 6.3.3) and wait until the process review is complete before you can apply to VCAT.
Cases we can hear
Provided the process review is complete, and either a new decision made or the original decision confirmed or set aside, you may be able to apply for review of the following decisions.
Refusal to grant licence
Where the Authority has refused to grant a licence under Division 1 of Part 6.1 of the regulations, the person who applied for the licence may seek review at VCAT.
Licence is defined in the regulations to mean:
- a high-risk work licence
- an asbestos-removal licence
- a carcinogens licence
- a major-hazard facility licence.
A license holder may apply for a review where the Authority has made a reviewable decision to:
- amend a licence or refuse to amend a licence under Division 3 of Part 6.1. of the regulations
- refuse to renew a licence under Division 4 of Part 6.1
- suspend, cancel or amend a licence or part of a licence under Division 5 of Part 6.1
- recommend suspension or cancellation to a corresponding Authority under regulation 6.1.52
- refuse to issue a replacement evidence of licence document under regulation 6.2.29.
Withdrawal of registration
Where the Authority has withdrawn registration on the basis that the applicant for registration provided false or misleading information in relation to that application, the person who applied for registration may seek review at VCAT.
Legislation that gives VCAT the power to hear these applications
- Regulation 6.3.5 of the Occupational Health and Safety Regulations 2007
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 to VCAT within the later of -
- 14 days after receiving notice of the process review decision (or new decision if applicable) or
- 14 days after you are given a statement of reasons if such a statement is required.
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.