The internal review process is a process that gives an 'affected person' the right to seek review of a 'reviewable decision' made by the VBA under the Building Act 1993 (the Building Act). An affected person is the person directly affected by the decision.
The reviewable decision may have been the result of a show cause process or a decision about registration. Internal review is available for the following reviewable decisions:
- refusal to grant registration
- imposing a condition on a building practitioner's registration
- refusal to renew a building practitioner's registration
- immediate suspension of a building practitioner's registration
- disciplinary action being taken against a building practitioner.
Internal review is only available to a person who is directly affected by the decision.
- In registration matters, this is the person whose registration is affected.
- In disciplinary matters, it is the person against whom disciplinary action was taken.
Internal review is not available for a decision made by the Chief Commissioner or Chief Executive Officer of the VBA.
If you are an affected person and you have received notice from the VBA of a reviewable decision, the following information will help you understand the process in detail and your review rights.
How and when to apply for internal review
Following receipt of notice of a reviewable decision, you can apply for an internal review of the reviewable decision via the VBA internal review process. In most circumstances, you must apply for internal review before you can apply for review by the Victorian Civil and Administrative Tribunal (VCAT). You may apply for review to VCAT without first applying for internal review if your registration has been immediately suspended, suspended or cancelled, or if the reviewable decision was made by the Chief Commissioner or Chief Executive Officer.
An application for internal review must be made on an Application for Internal Review Form (PDF, 168.23 KB). You must make the application within 28 days after the day you are given notice of the reviewable decision. Your application for internal review must state fully the grounds for the application.
We may, at any time, extend the time for applying for internal review. An application for an extension of time to apply for internal review must be made on an Application for extension of time to apply for internal review form (PDF, 127.14 KB).
Internal review process
An application for internal review puts on hold the effect of the decision, unless the decision is a decision to immediately suspend the registration of a practitioner. (Under the Building Act, an internal review application does not stay the operation of a decision to immediately suspend a building practitioner’s registration.)
The reviewer must review the decision taking into account the material that led to the reviewable decision, the reasons for the reviewable decision and any other relevant information that may not have been available at the time the decision was made.
Internal review period
The internal review period is the timeframe within which the internal review process is to be completed and a notice of review decision given to the affected person. Section 185D(4) of the Building Act 1993 specifies that the internal review period is 28 days after an application for internal review is made.
There is no provision for the VBA to extend the internal review period once an application is made.
Making representations and providing evidence
As an affected person, you may provide documentary evidence to support your application for internal review. If you are providing documentary evidence, you should provide clear copies of original documents and explain the relevance of each document to their application.
We must give you a reasonable opportunity to make written or oral representations as part of the internal review process. The VBA offers affected persons the opportunity to make both written and oral representations if they choose.
Written representations should be provided with the internal review application.
The oral representation is not a hearing but is intended to give the affected person the opportunity to verbally respond to the reviewable decision.
You can choose whether to make an oral representation by marking the appropriate box on the Application for Internal Review Form (PDF, 168.23 KB). We will then contact you to advise you of available times.
You may be represented by or accompanied by a legal practitioner or a support person at an oral representation.
Internal review decision
Following the internal review, the reviewer will make a decision to:
- affirm (agree with) the reviewable decision
- amend the reviewable decision, or
- substitute another decision for the reviewable decision.
We must provide a notice of review decision, stating the reasons for the decision and review rights to VCAT, within the internal review period. We will send the notice by email and by express post to your address.
If we do not give a notice of review decision to an affected person within the internal review period, then the VBA is taken to have made a decision affirming the reviewable decision.
You may apply to VCAT for review of an internal review decision made by the VBA. Contact details for VCAT are:
VCAT (Review and Regulation List)
55 King Street
Melbourne Vic 3000
03 9628 9755
For more information
Email or call us on 1300 815 127.