Internal review – asking the Social Services Regulator to reconsider a decision

What is an internal review?

The internal review process allows service providers (also referred to as “applicants”) to ask the Regulator to re-consider a decision it has made.

If you have been issued with an improvement notice (including amendments), or a prohibition notice (including amendments) you can apply for an internal review under section 286 of the Social Services Regulation Act 2021.

If you have been issued with an infringement notice, you can apply for internal review under section 22 of the Infringements Act 2006.

Applying for an internal review of an improvement notice or a prohibition notice

You can apply for an internal review of an improvement notice or a prohibition notice using the Application for Internal Review Form (statutory notices), which you can download below.

Once we have received and assessed your application the Regulator may:

• decide not to change its decision regarding the notice you have been issued with. This is referred to in the Act as “affirming” the decision
• amend or revoke the notice you have been issued with; or
• make recommendations to the authorised officer who issued the notice.

While the Regulator considers an application for internal review, it may “stay” the decision to issue the improvement/prohibition notice. This means the Regulator puts the decision to issue or amend the improvement or prohibition notice on hold, and defers taking any enforcement action. If there is a stay on the decision the Regulator may attach conditions to it.

The Regulator will make a decision within 10 business days of receiving your application for internal review, unless that period is extended by the Regulator. If that happens the Regulator will notify you in writing.

Once the Regulator has made a decision it will provide you with a written notice explaining the decision to affirm, amend or revoke the notice.

Applying for an Internal review of an infringement notice

You can apply for an internal review of an infringement notice:

• Online at fines.vic.gov.au (you will need your infringement number)

or

• Using the application form included in your infringement notice (the form must be properly completed for the application to be valid).

Your application must be made within 14 days of receiving the infringement notice.

Unlike internal review applications for improvement and prohibition notices, internal reviews of infringement notices can only be requested on specific grounds, namely:

• the decision to serve/issue the infringement notice was contrary to the law; and/or
• the decision to serve/issue the infringement notice involved a mistake of identity; and/or
• special circumstances apply to the recipient who received the infringement notice (this is not applicable to corporate entities); and/or
• the conduct for which the infringement notice was served should be excused having regard to any exceptional circumstances relating to the infringement offence; and/or
• the person was unaware the infringement notice was served and that the infringement notice was not served by personal service (for example, by an authorised officer or a process server).

Once an internal review application is received, the review process begins. During the review process any enforcement actions associated with the infringement notice are suspended until the internal review is complete and the applicant is advised of the outcome.

The internal review must be finalised within 90 days of receiving your application.

The Regulator may request additional information from you during the review process. If this happens the review process will be extended by 35 days. This will be counted either from the date the request has been made, or the date from when the additional information has been provided by the applicant, which ever allows for earlier conclusion of the review.

Applicants who are asked to provide additional information must provide it within 14 days or seek an extension. If an extension is granted the Regulator will inform you in writing. If the information is not provided in time, we may proceed with the review. If requested information is received late, but before the end of an internal review, the Regulator may still accept it.

Infringement notices issued by the Regulator are managed by Fines Victoria.

This includes payment of infringements and coordination with the Regulator when internal reviews or election to go to court is requested. Fines Victoria may also undertake a range of engagement activities to ensure compliance with the infringement notice.

If you have lost your infringement number, please contact the issuing Authorised Officer or email us using the below emails subject to your region:

• regulation.west@ssr.vic.gov.au
• regulation.north@ssr.vic.gov.au
• regulation.south@ssr.vic.gov.au
• regulation.east@ssr.vic.gov.au

Application for Internal Review form

Use this form to apply for an internal review of an improvement or prohibition notice: