Request a review of an outcome decision

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 you disagree with any of these decisions:

• finding you ineligible for assistance
• about how much assistance to pay
• not varying assistance (including VOCAT awards)
• about how much assistance to pay for a variation request
• asking you to repay assistance (including interim assistance), and the amount of assistance you need to repay.

You cannot ask for an internal review for decisions about:

• interim assistance (FAS will only review concerns about this during an internal review of a final decision)
• legal costs, or
• whether to hold a victim recognition meeting.

You also 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.

FAS will provide you with a notice of decision confirming the outcome of the internal review and reasons for the decision.

How to apply for an internal review

You can apply for an internal review by completing the internal review application form. The form has instructions for how to submit your application.

You can also contact the FAS Helpline on 1800 161 136 between 8:30am – 5:30pm Monday to Friday (except public holidays) for information on how to apply.

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.

Timing

You must apply for an internal review within 28 days of the notice of decision.

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 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

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.