Internal review
If you are unhappy with an outcome decision made by the Financial Assistance Scheme (FAS), you can ask the FAS to review that decision.
This is known as an internal review.
An internal review involves a more senior staff member reviewing your application, to make sure the original FAS decision maker made a fair decision, based on all the evidence submitted.
You can ask for an internal review if:
- we find you ineligible to receive assistance
- you are unhappy with the amount of assistance we agreed to pay you (either for an original award or a variance)
- we have decided not to vary your assistance (including VOCAT awards)
- you are being asked to repay assistance (including interim assistance) and the amount you’re being asked to repay.
You cannot ask for an internal review for decisions about:
- interim assistance (the FAS will only review concerns about this during an internal review of a final decision)
- legal costs
- whether to hold a victim recognition meeting.
Although you cannot request an internal review about these decisions, you can make a complaint to the FAS.
You cannot request an internal review if the FAS CEO made the decision.
Instead, you must apply to the Victorian Civil and Administrative Tribunal (VCAT) for an external review of this decision.
When conducting an internal review, the senior reviewer will either:
- affirm (agree with) the original decision
- amend the original decision, or
- substitute the original decision with a new decision.
The FAS will provide you with a notice of decision confirming the outcome of the internal review and reasons for the decision.
You can only apply once for an internal review of a decision.
If you are still unsatisfied with the outcome following the internal review, you may apply to the Victorian Civil and Administrative Tribunal (VCAT) for an external review of that decision.
How to apply for an internal review
You can apply for an internal review by completing the internal review application form below. The form has instructions on how to submit your application.
You will be asked to explain in your application what part of the decision you believe is wrong and why. You will also be asked what outcome you believe would resolve the issue.
For information on how to apply, contact the FAS Helpline on 1800 161 136 between 8:30am – 5:30pm Monday to Friday (except public holidays).
Timing
You must apply for an internal review within 28 days of the notice of decision.
The FAS can accept an application for internal review outside of this time limit, but you must explain why you are applying out of time. Reasons for the FAS accepting an application out of time are outlined in the legal guidelines, at Internal review time limits and out of time applications.
Once the FAS commences, guidance on turnaround times will be published on the FAS website.
Withdrawal of an internal review
You can withdraw your request for internal review by submitting an online enquiry form or calling the FAS Helpline on 1800 161 136 between 8:30am-5:30pm Monday to Friday, except public holidays.
External review
VCAT
You can also seek external review of a FAS decision via the Victorian Civil and Administrative Tribunal (VCAT) after the internal review is complete or if the FAS CEO made the decision.
You must apply to VCAT for external review within 28 days of receiving the internal review notice of decision.
VCAT can do the following when reviewing a FAS decision:
- affirm (agree with) the original decision
- amend the decision
- set aside the decision and make a new decision
- set aside the decision and send the application back to FAS for reconsideration, with directions or recommendations
- invite FAS to reconsider its decision.
How to apply
You must submit your external review application with VCAT directly.
Please serve all statutory notices and legal documents by mail and email:
Department of Justice and Community Safety – Financial Assistance
GPO Box 4356
Melbourne VIC 3001
financialassistancescheme@justice.vic.gov.au(opens in a new window)
Appeals
Following a VCAT review, either FAS or the applicant can appeal VCAT’s decision.
These appeals are limited to questions of law and cannot consider the merits of an application.
Visit the VCAT website for more information.
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