If you don't agree with a TAC decision, your first step should be to call the TAC. In most cases, issues can be resolved at this point.
If you still disagree with the decision, there are three ways you can have that decision reviewed:
- ask the TAC to conduct an Informal Review
- if you have legal representation, speak to your lawyer about the dispute resolution agreement between the TAC, Law Institute of Victoria (LIV) and the Australian Lawyers Alliance (ALA)
- request a review of the decision by the Victorian Civil and Administrative Tribunal (VCAT).
Please note that the TAC cannot run all appeal options concurrently. You have 12 months to have a decision reviewed from the date you become aware of the decision. The outcome of an Informal Review does not extend the 12 month timeframe for the purposes of the VCAT.
Informal Review by the TAC - available to all TAC clients
You can have a decision reviewed by the TAC's Review Team.
This team is empowered to independently review all decisions made by the TAC by considering the merits of the original decision. The Review Team will take into account any new information you provide, and may obtain additional supporting evidence when needed. The Review Officer will provide you with an outcome to either maintain, overturn or compromise the original decision, depending on each individual situation.
This is a free option for TAC clients and is available to clients who have legal representation, and those who do not. The TAC aims to complete Informal Reviews within 60 days, however it may take longer if the decision is complex or further information is required.
What you need to do
Complete and return the Request for an Informal TAC Review form. For a copy of the form, please call the TAC Customer Service Centre on 1300 654 329.
Find out more about the TAC's Informal Review process.
Dispute Resolution Process - if you have legal representation
The TAC, LIV and ALA have established a new dispute resolution process for all TAC decisions from 1 March 2005. The new process is designed to, where possible, resolve disputes quickly and simply.
What you need to do
Contact your lawyer who will be able to explain the dispute resolution steps to you and what you need to do. If you need assistance to choose a specialist lawyer contact LIV on 9607 9311 or www.liv.asn.au.
Find out more about the TAC's Dispute Resolution process.
VCAT Review of the decision - available to all TAC clients
You have the option of requesting a VCAT review within 12 months from the day you become aware of the original decision either:
- instead of using one of the other processes or
- if you are not satisfied with the outcome of one or both of the other processes
There is a government fee of $647.40 or $159 for Health Care card holders (as of 1 July 2018) for a VCAT review. Any person experiencing financial hardship including people who hold Health Care Cards, may apply for this fee to be waived, reduced or postponed, this is called fee relief. An application form to apply for fee relief is available on the VCAT website at www.vcat.vic.gov.au.
If you lodge a VCAT review then:
- the TAC will reconsider its decision
- if the TAC does not change its decision the VCAT may ask you to attend a compulsory conference to try to resolve the dispute
- if your dispute is not resolved VCAT will set a hearing date. You can represent yourself or have a lawyer represent you. After the hearing, VCAT will make a decision.
What you need to do
Complete the Application for Review of a Decision - Review and regulation form. This can be completed online, or obtained by calling VCAT on 1300 01 8228 or www.vcat.vic.gov.au. Return the completed form, with the appropriate fee (if this applies to you) to VCAT.