Prevention of Cruelty to Animals Act 1986 (review)

This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.

The Prevention of Cruelty to Animals Act 1986 aims to prevent cruelty to animals, encourage considerate treatment of animals and improve community awareness about preventing animal cruelty. The Act applies to all vertebrate species other than humans (mammals, birds, fish, amphibians and reptiles), certain crustaceans (lobsters, crabs, crayfish), and in some circumstances, cephalopods (octopi, squid, cuttlefish and nautilus).

Cases we can hear

You may be able to apply to VCAT for a review if you are a person affected by the Department Head's decision:

• refusing to grant or renew a scientific procedures premises licence, scientific procedures fieldwork licence or a specified animal breeding licence
• to impose conditions on such a licence
• to cancel or suspend such a licence.

Cases we cannot hear

VCAT has no power in relation to actions taken by inspectors and others under the enforcement provisions in the Act, including under warrants issued by the Magistrates’ Court to seize animals or search premises.

Legislation that gives VCAT the power to hear these applications

Section 33 of the Prevention of Cruelty to Animals Act 1986

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 within 28 days of:

• the decision being made, or
• if you requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the date the statement of reasons was mades given to you or you were informed that 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 cannot 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 are unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You do not 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.