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Administrative law · Victoria

How to Challenge a Government or Council Decision in Victoria

Government agencies and councils make decisions every day about permits, licences, fines and benefits. If you think a decision is wrong, there are usually ways to challenge it, but the deadlines are short.

By Asher Freeman Lawyers·10 October 2026·3 min read

Key points

  • Start by reading the decision and the reasons. You can usually ask for written reasons if they weren’t given.
  • Many decisions can be reviewed internally first, then by VCAT (Victorian decisions) or the Administrative Review Tribunal (Commonwealth decisions).
  • Time limits vary and can be as short as a few weeks. Check the decision letter straight away.
  • Complaints to an ombudsman are a separate option, but they’re not a review of the merits.

Step 1: Understand the decision

Read the decision letter carefully. Look for the reasons, the law the decision was made under, and any information about review rights and deadlines. If reasons weren’t given, you can often request them in writing.

Step 2: Internal review

Many agencies and councils have an internal review process, where a different officer looks at the decision again. For some decisions, internal review is required before you can go to a tribunal. Provide any new information that addresses the reasons for the decision.

Step 3: External review

VCAT (Victorian decisions)

The Victorian Civil and Administrative Tribunal (VCAT) reviews many Victorian government and council decisions, including planning permits, some licensing decisions, and freedom of information decisions. VCAT looks at the decision afresh and can affirm, vary or set it aside.

Administrative Review Tribunal (Commonwealth decisions)

Decisions by Commonwealth agencies, such as some NDIS, migration and social security decisions, can often be reviewed by the Administrative Review Tribunal (ART), which replaced the AAT in October 2024.

Time limits

Deadlines depend on the law the decision was made under. Some are measured in days rather than months, and missing them can mean losing your right to review. Check your decision letter straight away and get advice if you’re unsure.

Other options

  • Complaints to the Victorian Ombudsman or Commonwealth Ombudsman, about how a decision was made or how you were treated. Ombudsmen investigate fairness but generally don’t substitute their own decision.
  • Judicial review in the courts, if the decision-maker made a legal error, such as acting outside their power or denying procedural fairness.
  • Freedom of information requests, to obtain documents about your matter that can help your review.

How we can help

Asher Freeman Lawyers helps individuals and businesses challenge government and council decisions through administrative law processes, including internal reviews, VCAT applications and Administrative Review Tribunal appeals.

Frequently asked questions

Can I challenge a council planning decision?

Often, yes. Many planning decisions can be reviewed by VCAT, but strict time limits apply.

What's the difference between VCAT and the ART?

VCAT reviews many Victorian government and council decisions. The Administrative Review Tribunal reviews many Commonwealth decisions, such as NDIS and migration decisions.

How long do I have to apply for a review?

It depends on the decision and the law it was made under. Some deadlines are only a few weeks. Check your decision letter straight away.

Should I complain to the Ombudsman instead?

A complaint can address unfair processes, but it isn't a review of the merits. If you want the decision changed, a review is usually the better path.

This article is general information about Victorian and Australian law as at 10 October 2026. It is not legal advice. Contact us for advice about your situation.

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