Internal reviews

Part 26 of the FAS Guidelines states that applicants can only apply once for an internal review of a decision, and that if they then remain dissatisfied they may apply to the Victorian Civil and Administrative Tribunal (VCAT) for an external review.

Section 45 of the FAS Act states that an applicant may apply for an internal review of a ‘reviewable decision’ by a delegate of the scheme decision maker within 28 days after notice of the reviewable decision, and reasons, are given to the applicant. There is discretion to extend this time, however, under section 45(3).

‘Reviewable decisions’ by delegates able to be internally reviewed are refusals of applications, including decisions to require repayment of 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)).

Internal reviews cannot be made if the scheme decision maker (i.e. FAS Chief Executive Officer) made the decision. These must be externally reviewed by VCAT.

The internal review is conducted by the scheme decision maker or a member of staff appointed by the scheme decision maker who holds a more senior position than the delegate who made the reviewable decision (s 45(4)). Reasons for the internally reviewed decision must be given to the applicant within 28 days (s 45(7)).

Internal reviews

Chapter: 10.6: Assistance for victims of crime

Contributor: Marita Ham, Barrister

Current as of: 18 November 2024

Law Handbook Page: 885

Next Section: External reviews to the Victorian Civil and Administrative Tribunal