Equipment (Public Safety) Act 1994

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.

Cases we can hear

VCAT can hear:

• an application by the owner, a person who has an interest, or a person whose interests are affected, for review of the Authority's decision to impose terms and conditions on the return of a seized thing – section 18(2) of the Equipment (Public Safety) Act 1994
• an application by a person to whom a notice of forfeiture is issued, a person who has interest, or a person whose interests are affected, for review of the Authority's decision that a seized thing is forfeited – section 18A(1)
• an application by a person to whom a notice is issued or a person whose interest are affected, for the review of the Authority's decision to vary or cancel a non-disturbance notice, improvement notice or prohibition notice – section 19D
• the Authority's decision upon internal review of a decision made by an inspector. 

The following decisions by an inspector may be subject to the Authority's internal review: 

• issue of a non-disturbance notice – section 19(1)
• issue of an improvement notice – section 19A(1)
• certification that matters that are subject of an improvement notice have been remedied – section 19A(3)(a)
• issue of a prohibition notice – section 19B(1)
• certification that matters that are subject of a prohibition notice have been remedied – section 19B(1).

Legislation that gives VCAT the power to hear these applications

Section 24B of the Equipment (Public Safety) Act 1994

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

If the reviewable decision is a decision to forfeit a seized thing or document you must apply to VCAT within 28 days from the date the reviewable decision first came to your notice.

In the case of any other decision you must apply to VCAT within 14 days of the later of these events:

• the day on which the decision first came to your notice
• if the Authority is required to give a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the date you are given a statement of reasons.

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.

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 can't 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.