External reviews to the Victorian Civil and Administrative Tribunal

Section 46 of the FAS Act states that an applicant may apply to VCAT for a review of a ‘reviewable decision’ by the scheme decision-maker, within 28 days after notice of the reviewable decision, and reasons are given to the applicant.

‘Reviewable decisions’ that are able to be reviewed by VCAT are therefore decisions made by the FAS Chief Executive Officer refusing applications, including decisions requiring repayment of any interim assistance; decisions about the amount of assistance; refusals to vary assistance; decisions about the amount of assistance for a variation; and decisions requiring repayment of assistance given (s 44(1)(a)). Decisions regarding interim awards are not reviewable (s 44(2)).

Decisions made by the FAS Chief Executive Officer on an internal review under section 45 are also reviewable by VCAT (s 44(1)(b)).

External reviews to the Victorian Civil and Administrative Tribunal

Chapter: 10.6: Assistance for victims of crime

Contributor: Marita Ham, Barrister

Current as of: 18 November 2024

Law Handbook Page: 885

Next Section: Variations of Victims of Crime Assistance Tribunal awards