Gambling Regulation Act 2003

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.

Cases we can hear

VCAT can hearing the following matters.

Applications under section 3.3.14 of the Gambling Regulation Act 2003

An applicant for approval of premises may apply to VCAT for review of the Victorian Gambling and Casino Control Commission's decision about their application.

A responsible authority that made a submission under section 3.3.6 on an application for approval of premises may apply to VCAT for review of a decision of the Commission granting the approval.

Applications under section 3.4.21 of the Act

A venue operator who requests an amendment under section 3.4.18(2) to increase the number of gaming machines permitted in an approved venue may apply to VCAT for review of the Victorian Gambling and Casino Control Commission's decision on the proposed amendment.

A council that made a submission under section 3.4.19 on a proposed amendment to increase the number of gaming machines permitted in an approved venue may apply to VCAT for review of the Commission's decision granting the proposed amendment.

Applications under section 4.2.3D of the Act

A wagering service provider whose interests are affected may apply to VCAT for review of an appropriate controlling body's decision to:

• refuse an application for a publication or use approval
• impose a condition on a publication and use approval (other than a condition relating to the payment of fees)
• vary or revoke the publication and use approval (other than by varying a condition relating to the payment of fees).

Applications under section 4.5.20 of the Act

A person whose interests are affected by the Victorian Gambling and Casino Control Commission's decision may apply to VCAT for review of the decision:

• to grant or refuse an application for approval or declaration of sports controlling bodies for a sport betting event
• vary, revoke or impose a condition on an approval or declaration.

An application under section 4.5A.15 of the Act

A person whose interest are affected may apply to VCAT for a review of decisions about registration as a bookmaker or bookmaker’s key employee.

An application under section 8.7.1 of the Act

A person whose interests are affected may apply to VCAT for a review of the Victorian Gambling and Casino Control Commission's decision under Chapter 8 of the Act, regarding community and charitable gaming.

Other cases we can't hear

A person who can appeal a decision made by a single commissioner (under sections 8.3.18 or 8.5A.4) through the Victorian Gambling and Casino Control Commissioner, cannot apply to VCAT for review of that decision. But you can apply to VCAT for a review of the Victorian Gambling and Casino Control Commission's decision on an appeal.

VCAT cannot hear an application relating to a decision to declare or revoke a declaration of a community or charitable organisation under Chapter 8, Division 1 of Part 3 of the Act.

Legislation that gives VCAT the power to hear these applications

Sections 3.3.14, 3.4.21, 4.2.3D, 4.5.20, 4.5A.15 and 8.7.1 of the Gambling Regulation Act 2003 

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

An application under the Act must be made within 28 days from:

• the day on which the decision is made, or
• if the applicant or responsible authority has requested a statement of reasons, the date the statement of reasons is given or the date you 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 Act gives VCAT different powers, VCAT can:

• affirm the original decision, in which case it 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.

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.