Non-Emergency Patient Transport and First Aid Services Act 2003

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

The Non-Emergency Patient Transport and First Aid Services Act 2003 regulates non-emergency patient transport sectors and commercial first aid providers by implementing improved safeguards and standards, and providing a mechanism for compliance and enforcement. 

Cases we can hear

We can review decisions made by the Secretary of the Department of Health about:

• applications for Part 2 licences or Part 2A licences, including the following:
  • non-emergency patient transport service licences – section 14
  • renewing non-emergency patient transport service licences – section 21
  • transferring non-emergency patient transport service licences – section 23A
  • varying non-emergency patient transport service licences – section 26
  • approval in principle for first aid service licences – section 42M
  • first aid service licences – section 42S
  • renewing first aid service licences – section 42Z
  • transferring first aid service licences – section 42ZC
  • varying first aid service licences – section 42ZI
• imposing conditions on Part 2 or Part 2A licences
• varying Part 2 or Part 2A licences
• cancelling Part 2 or Part 2A licences. 

Legislation that gives VCAT the power to hear these applications

Section 43 of the Non-Emergency Patient Transport and First Aid Services 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

You must apply within 28 days of:

• the decision being made, or
• if you have requested a statement of reasons, you received the statement of reasons or were 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.

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.

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.

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.