Victoria State Emergency Service Regulations 2006 (review)
VCAT can review certain disciplinary decisions made by the Victoria State Emergency Service Authority under the Victoria State Emergency Service Regulations 2006.
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.
Other related applications
VCAT also has the power to review some limited decisions made by the Chief Executive Officer about compensation for property loss or damage under the Victoria State Emergency Service Act 2005.
Cases we can hear
You may be able to apply to VCAT for a review if you are a member or a probationary member of the Service and the Authority has made a decision that it is:
- satisfied that a charge against you has been substantiated
- satisfied that you have been found guilty of an offence that is punishable by a term of imprisonment.
And, in either of these two events. the Authority has:
- reprimanded you
- reduced your rank or classification
- suspended your membership
- cancelled your membership.
Cases we can't help with
We can’t accept some cases where one party lives in another state or is a Commonwealth government organisation.
Legislation that gives VCAT the power to hear these applications
Victoria State Emergency Service Regulations 2006 – Regulation 21(1).
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 .
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.