Social Services Regulation Act 2021 (review jurisdiction)

The Social Services Regulation Act 2021 establishes a new framework for social services in Victoria that supports safe delivery of social services and ensures providers understand their role to protect individual human rights. The new system will ensure that social service providers have streamlined registration and reporting requirements, a common set of social service standards, and a single independent regulator – the Social Services Regulator (Regulator).

Cases we can hear

VCAT can review certain decisions of the Regulator to:

• refuse to grant registration of a person to become a registered social service provider
• impose or vary a condition of registration of a person registering to become a registered social service provider
• refuse, vary or revoke a condition of registration of a person registering to become a registered social service provider
• cancel registration of a person registering to become a registered social service provider
• vary or suspend conditions of registration relating to a registered social service provider if the Regulator believes that the registered social service provider is in contravention
• vary or revoke suspension of registration relating to a registered social service provider if the Regulator believes that the registered social service provider is in contravention
• revoke registration relating to a registered social service provider if the Regulator believes that the registered social service provider is in contravention
• appoint an administrator to take over any of the functions of a social service provider
• extend the period of appointment of an administrator
• determine the amount of costs incurred in connection with an administrator
• impose or vary a condition of registration of a body taken to be granted registration under section 322
• impose or vary a condition of registration of a body taken to be granted registration under section 333 or 334
• impose or vary a condition of registration of a person taken to be granted registration under section 341.

VCAT can review certain decisions of a Panel, relating to Worker and Carer Exclusion Scheme (WCES) workers, to:

• issue an interim exclusion
• make an exclusion determination
• refuse to remove information relating to a person from the WCES database.
   

VCAT can review certain decisions of an authorised officer appointed by the Regulator to:

• forfeit seized documents or thing.

VCAT can review certain decisions of the Regulator or authorised officer to:

• issue or amend an improvement notice
• issue or amend a prohibition notice
• issue a suspension of intake notice.

Legislation that gives VCAT the power to hear these applications

Section 291 of the Social Services Regulation Act 2021.

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

An application must be made to VCAT within 28 days of:

• the day the decision was made, or
• if you have requested a statement of reasons, within 28 days of the date on which you receive the statement of reasons or you are notified a statement of reasons will not be given.

If you apply outside of the time limit, you must ask VCAT to extend the time for making an application by ticking the ‘extension of time’ box on the application form and briefly explain 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 Act gives VCAT different powers, VCAT can:

• Affirm the original decision, in which case it 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 ticking the ‘stay’ box 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.

Additional information

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, in review matters, the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Apply

We can explain the application process and what the form is asking you for. You can contact us for support with this.
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 application. 
 

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.