Victoria State Emergency Service Regulations 2017 (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 Victoria State Emergency Service Regulations 2017 sets out:

• disciplinary provisions for registered and probationary members
• the development and provisions of exercises and training of registered members
• criminal record checks for people applying to be registered or probationary members
• cessation of membership of registered and probationary members.

The Regulations also makes provision for the Service’s insignia.

Cases we can hear

You may be able to apply to VCAT for a review if you are a member or a probationary member of the Service and the Authority has made a decision to:

• Suspend your membership without conducting a hearing on the basis that you are charged with an offence punishable by a term of imprisonment and if you are found guilty of that offence it is likely to harm the operation or reputation of the Service.
• Take further action against you without conducting a hearing on the basis you have been found guilty of an offence that is punishable by a term of imprisonment, the finding of guilt is likely to harm the operation or reputation of the Service and it is in the best interests of the Service that it takes action against you.

You can also apply for a review if the Authority has conducted a hearing and made a decision to:

• reprimand you
• reduce your rank or classification
• suspend your membership
• cancel your membership
• give you a formal warning
• require you to undertake formal counselling
• transfer you to another registered unit.

Related applications

VCAT also has the power to review some decisions made by the Chief Executive Officer of the Victoria State Emergency Service Authority about compensation for property loss or damage under the Victoria State Emergency Service Act 2005.

Legislation that gives VCAT the power to hear these applications

Regulation 25(1) of the Victoria State Emergency Service Regulations 2017

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 30 days of you receiving the written notice of the Authority's decision.

If you requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the date the statement of reasons was 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.