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Complaints

Many problems can be resolved quickly by contacting the agency to discuss your concerns. You can also resolve particular problems more formally.

1. You are not satisfied with the initial decision

If you do not understand the decision, you can contact the agency to discuss your concerns. If you believe that the decision is wrong, then in most cases, you will have a right of internal review. You can ask for an internal review by writing to the principal officer of the agency within 28 days of receiving the decision. The internal review will be carried out by a senior officer who will re-examine your request and make a fresh decision.

You can use an Internal Review Application Form or write a letter.

If the decision maker was the principal officer, you would need to apply to VCAT for a review of the decision (the Principal Officer is usually the Chief Executive Officer of the agency concerned).

Your decision letter should tell you how to apply for an internal review or appeal to VCAT.

2. You are not satisfied with the Internal review decision

You may apply for a review by VCAT within 60 days of receiving the internal review decision. There is an application fee which can be waived in certain circumstances. Contact VCAT for details.

3. The initial decision is taking too long

Agencies have 45 days from when they receive your request to tell you their decision. However delays can occur. If you do not receive a response within 45 days you can:

• Contact the agency.
• Complain to the Victorian Ombudsman.
• Apply to the Victorian Civil & Administrative Tribunal (VCAT). The VCAT will review the case on the assumption that the agency has refused access to the documents. This is called a ‘deemed refusal’. There is no application fee for this type of application.

4. The Internal review decision is taking too long

If you ask for an internal review by the agency, they must respond within 14 days of your request. If they do not, you have the same rights as outlined in point 2.

You can use an Internal Review Application Form or write a letter.

5. You are unhappy with the way in which your request was handled

Even if you are not dissatisfied with the decision or the time it took, you may be unhappy about other aspects of how your request was handled. These sorts of complaints can be made either to the agency or to the Victorian Ombudsman.