Education and Care Services National Law Act 2010 (review)

This page provides general information and shouldn't be considered as legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change.

In Victoria VCAT can conduct external reviews under Part 8 of the Education and Care Services National Law (National Law).

The National Law is a schedule to the Education and Care Services National Law Act 2010 (Vic).

In Victoria, the Regulatory Authority referred to in Part 8 of the National Law is the Secretary of the Department of Education and Training.

Cases we can hear

If you are the subject of a reviewable decision, you may be able to apply to VCAT for external review of that decision.

A reviewable decision that can be externally reviewed for the purposes of Part 8 of the National Law are any of the following:

• the Secretary's decision made at internal review, other than a decision about issuing a compliance direction or a compliance notice
• the Secretary's decision to:
  • suspend a provider approval
  • cancel a provider approval
  • suspend a service approval
  • cancel a service approval
  • direct the approved provider of a family day care service to suspend the care and education of children by a family day care educator; or
  • give a prohibition notice or to refuse to cancel a prohibition notice.

The National Law states that a person is not entitled to a review under this section regarding a suspension or cancellation of a service approval if that suspension or cancellation relates only to an associated children's service. Any right of review would be under the Children’s Services Act 1996. See the note to section 192 of the National Law.

Legislation that gives VCAT the power to hear these applications

Section 7(b) of the Education and Care Services National Law Act 2010 and clause 192 of the Schedule to that Act, which sets out the National Law

Documents you need to apply

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.

Time limits

Your application must be made within 30 days of being notified of the reviewable decision.

What can VCAT order?

VCAT may:

• confirm the decision of the Regulatory Authority
• amend the decision of the Regulatory Authority
• substitute another decision for the decision of the Regulatory Authority.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We can't give you legal advice. This means we can't tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you're unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You don't need to have legal or other professional representation to appear at VCAT. If you want 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.