26. Internal reviews

If an applicant is not satisfied with a FAS decision, they can ask the FAS to review that decision. This is known as an internal review.

An internal review involves someone more senior to the original decision-maker taking a fresh look at the application to ensure the FAS has made a reasonable decision on the evidence at hand.[51] The reviewer will either:

  • affirm (uphold) the original decision
  • amend the original decision, or
  • substitute (replace) the original decision with a new decision.[52]

The FAS will provide the applicant with a Notice of Decision confirming the outcome of the internal review and reasons for the decision.

Applicants can only apply once for an internal review of a decision. If they remain dissatisfied with the outcome following the internal review, they may apply to the Victorian Civil and Administrative Tribunal (VCAT) for an external review of that decision.



Footnotes

[51] Section 45(4) of the Act.

[52] Section 45(6) of the Act.

Updated