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Function VF 366
Administrative appeals
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Is this the right Function?Is this the right Function?
  • Use this Function for
    Applications and appeals for review of administrative decisions made by government agencies
    Appeals

  • Do not use this Function for
    Applications for review of decisions, assessment or determinations relating to tax or duty payable - use taxation appeals
    Planning appeals
    Transport accident compensation appeals against decisions of the Motor Accidents Board to 1985: these were heard by the Motor Accidents Tribunal (VA 1069)
    Applications for review of decisions heard in the County Court
    Appeals relating to the amount at which the unimproved value of land has been assessed for rating or taxing purposes - use valuations appeals
    Appeals against decisions relating to workers compensation claims - use workers compensation arbitration
    Appeals against decisions of the industrial relations tribunals - use industrial appeals

 
Description of this FunctionDescription of this Function
Background

Prior to the establishment of the Administrative Appeals Tribunal in 1984 appeals against decisions and reviews of decisions, made by a number of bodies under various Acts could be heard by the County Court and specific tribunals. The history of each type of appeal has not been researched, however, it is known that the County Court could hear appeals against decisions of the Estate Agents Board and the Crimes Compensation Tribunal while applications for review of decisions of the Motor Accidents Board were heard to 1985 by the Motor Accidents Tribunal (VA 1069).

The Administrative Appeals Tribunal Act 1984 (No.10155) established the Administrative Appeals Tribunal (AAT). The relevant sections of the Act came into operation on 5 December 1984. Section 19 of Act 10155 provided that the Tribunal would operate under two divisions, the General Division and the Taxation Division, as well as "such other divisions as are prescribed". (See Appeals, Taxation for information about the function of the Taxation Division).

The General Division had jurisdiction to hear appeals against decisions and review decisions made under certain sections of the following acts:
Adoption;
Criminal Injuries Compensation;
Estate Agents;
Freedom of Information;
Motor Accidents;
State Employees Retirement Benefits Fund;
Infertility (Medical Procedures);

The primary object of the Tribunal was to review administrative decisions in an informal and expeditious manner and to permit a broad range of persons whose interests were affected by a decision to participate in a proceeding. Preliminary conferences were frequently employed by the Tribunal to identify points of law and to seek to reach agreement between parties to an appeal without the need to proceed to a full hearing.

Victorian Civil and Administrative Tribunal

The process of reforming the tribunal systems began in 1995 with a paper entitled Tribunals in the Department of Justice: A principled approach. The research report advocated the establishment of a new system that would bring greater consistency in the way tribunals approached matters.

The Victorian Civil and Administrative Tribunal was established under the Victorian Civil and Administrative Tribunal Act 1998 as part of a package of reforms to improve the operation of the justice system. A number of tribunals were amalgamated and procedures were standardised. These changes diminished the significant overlap of responsibilities that had existed.

VCAT was created to offer a one-stop shop dealing with a range of disputes in its two divisions Civil and Administrative.

The Administrative division deals with disputes between people and the government in relation to land valuation, licenses to carry on business, planning, state taxation and other government decisions such as freedom of information requests and Transport Accident Commission decisions. It consists of the following lists:

General List
Land Valuation List
Occupational and Business Regulation List
Planning List
Taxation List

Before VCAT was established these matters were dealt with by the Administrative Appeals Tribunal and other tribunals.

 
Related FunctionsRelated Functions
  • Related Functions
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    Function Title Function Number
    Courts VF 381
    Planning appeals VF 242
    Transport accident compensation appeals VF 55
    Workers compensation arbitration VF 345
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Other InformationOther Information
 
Agencies with prime responsibility for this FunctionAgencies with prime responsibility for this Function
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Date of Responsibility Agency Title Agency Number
- 1998 Administrative Appeals Tribunal VA 2659
1998 - cont Victorian Civil and Administrative Tribunal VA 4146
 
Other Agencies responsible for this FunctionOther Agencies responsible for this Function
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