Emergency Management Act 1986 (review)
VCAT can review certain decisions made by the Minister for Police and Emergency Services under the Emergency Management Act 1986.
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.
Cases we can hear
If your property has been taken or used in a state of disaster, you may receive such compensation as is determined by the Minister. You may be able to apply to VCAT for review of the compensation determination made by the Minister.
Legislation that gives VCAT the power to hear these applications
- Section 24(6) of the Emergency Management Act 1986
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.
This legislation does not specify a time limit but you should read the decision document carefully and make your application without delay. Usually, the time limit for applications for review is 28 days from the date of the decision.
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.
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.
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.
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.