Administrative reviews arise from a range of decisions made by the regulator, most commonly in relation to the issuing of statutory notices. Whether to accept or seek review of a decision often depends on consideration of both the short and long term effects on the business, including the legal, practical and financial implications each decision may have.
Under Victorian safety legislation an ‘eligible person’ can ask the Internal Review Unit of the Victorian WorkCover Authority (IRU) to review a range of decisions made by its inspectors (Internal Review). If an ‘eligible person’ disagrees with the IRU’s decision, (or the IRU failed to make a decision in the statutory time frame) they have the right to apply to the Victorian Civil & Administrative Tribunal (VCAT) for external review of that decision (External Review). In addition, there are a number of other reviewable decisions of the Victorian WorkCover Authority which cannot be internally reviewed by the IRU, but which are reviewable by VCAT.
Dreher Legal has extensive experience in advising clients on the administrative review process including: