Only those whose interests are affected by the decision or their representatives may apply to the AAT for a review of the decision (s.27 AAT Act). A person who considers a decision is wrong, but whose interests are not affected by the decision, cannot apply to the AAT. Where there is doubt about whether a person's interests are affected, that will be decided by the AAT (s.31 AAT Act).
A person may apply to VCAT if they are entitled to do so under the enabling legislation (s.48 VCAT Act). Where the enabling enactment provides that a person whose interests are affected by a decision may apply to the VCAT for review of the decision, "interest" is construed to refer to interest of any kind, not just proprietary, economic or financial interests (s.5 VCAT Act).
Note: A particular Act may modify the definition of people who may apply, so you should check the Act that the decision was made under, or check with the Tribunals.
Community groups are given a wide right of access to the Tribunals. The AAT Act states that an organisation or association, whether incorporated or not, shall be taken to have interests affected by a decision if the decision relates to a matter which was included in the objects or purposes of the organisation or association at the time of the decision (ss.27(2) & 27(3) AAT Act).
Under section 61 of the VCAT Act an unincorporated association cannot be a party to a proceeding, although a member or an authorised person is permitted to make submissions to VCAT on behalf of the unincorporated association. However, an unincorporated association can be a party to a proceeding under the Equal Opportunity Act 1995 (Vic).
WHO MAY APPLY? :: Last updated: Wed Jul 1st 2009


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