Education and Training Reform Act 2006 (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.

The Education and Training Reform Act 2006 outlines Victorian standards of education and training and provides for the regulation of government and non-government schools, school boarding premises and home schooling.

Cases we can hear

Victorian Institute of Teaching

You may be able to apply to VCAT for a review for any of the following:

• you are a person affected by the Victorian Institute of Teaching's decision to refuse your application for registration as a teacher or to refuse your application for registration renewal
• you are a person affected by a decision of a hearing panel or a disciplinary inquiry to:
  • cancel or suspend your registration
  • impose conditions, limitations or restrictions on your registration
  • caution, reprimand or disqualify you.

Victorian Registration and Qualifications Authority

You may be able to apply to VCAT for a review if you are affected by the Victorian Registration and Qualifications Authority's decision about:

• registration of schools, students and providers
• course accreditation and qualifications
• courses for overseas students
• overseas exchange organisations
• student exchange programs
• issuing a notice to comply under section 5.8.18, if the Authority believes that you are not complying with a requirement relating to registration or approval
• publishing information under section 5.8.31 (details of non-compliance including being convicted or found guilty of an offence against Part 5.8.).

School community safety orders

You may be able to apply to VCAT for a review if you are affected by a decision to issue an ongoing school community safety order. You can only apply to VCAT after you have been notified of the outcome of an internal review of the order.

Mildura schools land

If you are a leaseholder and unhappy with the valuation of relevant Mildura schools land, you can apply to VCAT to review the Valuer-General's decision.

Legislation that gives VCAT the power to hear these applications

Sections 2.1A.33, 2.6.55, 4.8.1, 5.7A.12 and 5.8.32 of the Education and Training Reform Act 2006

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

Victorian Institute of Teaching

If your registration was refused, you must apply within 28 days of the Victorian Institute of Teaching giving notice of its refusal – see section 2.6.55(2)(a).

If determinations were made by a hearing panel or by an inquiry, you must apply within three months of the Victorian Institute of Teaching giving notice of the decision – see section 2.55 (2)(b).

All other reviews

You must apply within 28 days of:

• the decision being made; or
• if you have requested a statement of reasons, the date you received the statement of reasons or are notified a statement of reasons will not be given.

If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.

VCAT will ask the decision maker if they agree to any extension. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.

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 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.

Putting the original decision on hold

In most cases, applying for a review does not put the original decision on hold and that decision stands until VCAT makes its decision. 

If you want the original decision put on hold, you must ask for this by indicating you want a ‘stay’ on the application form and briefly explaining why you are seeking a stay. It may not be possible to put the decision on hold if there would be no practical effect in doing so. 

VCAT will ask the decision maker if they agree to any stay. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.

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.