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:

• Advising on the validity of provisional improvement notices (“PINs”) issued by health and safety representatives
• Advising on the validity of non-disturbance notices, improvement notices and prohibition notices issued by inspectors, including the extent and limits of the regulator’s powers when issuing these notices;
• Devising legal strategy and representing clients at the IRU and VCAT during proceedings for internal and external review
• Advising on and developing legal strategy in relation to the configuration of designated workgroups