Occupational Health and Safety Regulations 2007

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.

You must comply with the process review requirements for review of the Victorian WorkCover Authority's decisions (see regulations 6.3.2 and 6.3.3) and wait until the process review is complete before you can apply to VCAT.

The Victorian WorkCover Authority is also known as WorkSafe Victoria.

Cases we can hear

Provided the process review is complete, and either a new decision made or the original decision confirmed or set aside, you may be able to apply for review of the following decisions.

Refusal to grant licence

Where the Authority has refused to grant a licence under Division 1 of Part 6.1 of the regulations, the person who applied for the licence may seek review at VCAT.

Licence is defined in the regulations to mean:

• a high-risk work licence
• an asbestos-removal licence
• a carcinogens licence
• a major-hazard facility licence.

Reviewable decisions

A license holder may apply for a review where the Authority has made a reviewable decision to:

• amend a licence or refuse to amend a licence under Division 3 of Part 6.1 of the regulations
• refuse to renew a licence under Division 4 of Part 6.1
• suspend, cancel or amend a licence (or part of a licence) under Division 5 of Part 6.1
• recommend suspension or cancellation to a corresponding Authority under regulation 6.1.52
• refuse to issue a replacement evidence of licence document under regulation 6.2.28.

Withdrawal of registration

A person who applied for registration may seek review at VCAT if the Authority withdrew the registration because it believed the applicant provided false or misleading information in their application.

Review of other decisions under related laws

For review of other decisions made by the Victorian WorkCover Authority, see reviews under Occupational Health and Safety Act 2004.

Legislation that gives VCAT the power to hear these applications

Regulation 6.3.5 of the Occupational Health and Safety Regulations 2007

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 make your application to VCAT within the later of these events:    

• 14 days after receiving notice of the process review decision (or new decision if applicable)
• 14 days after you're given a statement of reasons if such a statement is required.

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 doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension

What can VCAT order?

Unless the Act 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.

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 cannot 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.