Road Management Act 2004 (review and referrals)

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.

Review applications

Cases we can hear

You may be able to apply to VCAT for a review if you are:

• an owner who is required by a State road authority to make a payment by way of a development contribution and who has made objection to the State Road Authority. You may be able to apply for a review of the State road authority’s decision on the objection - see sections 56 and 57 of the Act
• a person who is affected by a decision made by a road authority under clause 2 of Schedule 2 of the Act - decisions relating to controlled access roads and particular adjacent land
• a person who is affected by a decision referred to in clause 5(3) of Schedule 2 of the Act, which relates to the content of notices under clause 5(1), which in turn relates to a road authority’s obligation to publish a notice in the Government Gazette of:

• the making, amending or revoking of a declaration of a public road as a controlled access road (see section 42)
• the making, amending, revoking or substitution of a policy under clause 3 of Schedule 2. (Clause 3 requires a road authority to make a policy about the application of clause 2 of Schedule 2 to access between the controlled access road and adjacent land, for each controlled access road proposed to be declared).

There is a distinction between a road authority and a State road authority. See section 3 of the Act for the definition of a State road authority; and sections 36 and 37 in relation to road authorities. Depending on the decision, VCAT’s power of review may be limited to a decision of a State road authority.

Legislation that gives VCAT the power to hear these applications

Road Management Act 2004 - sections 57(4) and 126

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

For a review of a State road authority decision on an objection to a development contribution, you must make your application within 28 days after the later of the day on which:

• the decision was made; or
• if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.

For a review of a road authority decision relating to controlled access roads, you must make your application within 28 days of the day on which the decision is made or, if applicable, the notice published.

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 remit (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 .

Referral of objections

VCAT can hear and decide objections to the compulsory acquisition by VicRoads of a native title right or interest in land in the M1 Redevelopment Project area – the project for the widening of the M1 corridor from Doveton to Yarraville.

Cases we can hear

If you have made an objection under section 24MD(6B)(f) of the Native Title Act 1993 (Commonwealth) in relation to a compulsory acquisition of a native title right or interest in land in the M1 Redevelopment Project, you may request VicRoads to refer your objection to VCAT.  Only VicRoads can refer an compulsory acquisition matter to VCAT.

Legislation that gives VCAT the power to hear these applications

• Clauses 21, 22 and 23 of Schedule 5A for Road Management Act 2004

Time limits

You must make your request to VicRoads within five months of the notification under section 24MD(6B) of the Native Title Act 1993 of the proposed compulsory acquisition.

VicRoads must refer your objection to VCAT unless VicRoads decides not to proceed with the compulsory acquisition.

What can VCAT order?

On a referral of an objection to the compulsory acquisition of a native title right or interest in land, VCAT can order:

• the compulsory acquisition is to proceed
• the compulsory acquisition should proceed subject to conditions
• the compulsory acquisition is not to proceed.

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 wish 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.