Key Terms
Applicant – You, if you are the registered social services provider seeking review of the decision or the relevant eligible person.
The Social Services Regulator (SSR) – Established under section 4 of the Social Services Regulation Act 2021 (SSR Act).
Internal review – Asking the SSR to reconsider a decision it has made, without going to a court or tribunal.
Reviewable decision – A decision the law lets you ask the SSR to reconsider through internal review.
Authorised officer – An officer appointed by the SSR who can issue and amend notices.
Improvement notice – A notice that directs you to fix something within a set time (section 137 of the SSR Act).
Prohibition notice – A notice that directs you to stop an activity that involves a risk (section 142 of the SSR Act).
Infringement notice – A fine issued for a specified offence, which you can pay or dispute instead of going to court (section 151 of the SSR Act, issued under the Infringements Act 2006).
Affirm – A decision by the SSR not to change its decision, so the notice stands.
Amend or revoke – A decision by the – to change the notice, or sets it aside.
Stay – When the SSR puts a decision on hold while it reconsiders it.
Fines Victoria – The agency that manages payment and enforcement of infringement notices.
Director – The Director, Fines Victoria, under the Fines Reform Act 2014.
Victorian Civil and Administrative Tribunal (VCAT) – A tribunal you can apply to for further review after an SSR internal review is completed.
How to apply for an internal review
If you want the Social Services Regulator (SSR) to reconsider an improvement notice, a prohibition notice or an infringement notice it has issued, you can apply for an internal review. This page explains the terms used, whether you can apply, and what happens once you do.
Application form
To apply for an internal review of either an improvement notice or a prohibition notice, please complete the form below:
Once you have completed your application form and attached all supporting evidence and information it can be lodged via:
Email:
internalreview@ssr.vic.gov.au
Post:
Internal Review Branch
Social Services Regulator
GPO Box 1774
Melbourne VIC 3001
You can apply for an internal review of an infringement notice (fine) online at Fines Victoria using your infringement number. Or use the application form included in your infringement notice. If you have lost your infringement number, contact the issuing authorised officer.
Time limit for applying for internal review
You must lodge your application for an internal review of either an improvement notice or a prohibition notice within 10 business days after the day the notice was issued. For an infringement notice, you are required to make an application within 14 days of becoming aware of the notice.
Late applications
The SSR will accept late applications only in exceptional circumstances. If you want to apply outside of the timeframe above, give your written reasons on the Application for Internal Review Form. If you think you may struggle to meet a deadline, contact the SSR to discuss it before the deadline passes.
Can I apply for an internal review?
You can apply for an internal review if the SSR has issued you with an improvement notice (including any amendments) or a prohibition notice (including any amendments). You apply under section 286 of the SSR Act via the form above.
You can also apply if the SSR has issued you with an infringement notice (fine). You apply under section 22 of the Infringements Act 2006 at Fines Victoria using your infringement number, or use the application form included in your infringement notice. Unlike improvement and prohibition notices, you can only apply for a review of an infringement notice on limited grounds, which are set out below:
- the decision to serve the notice was contrary to law
- that it involved a mistake of identity
- that special circumstances apply to you, which do not apply to corporate entities
- that the conduct should be excused because of exceptional circumstances relating to the offence
- that you were unaware the notice was served and it was not served on you personally.
What decisions are subject to internal review?
Three kinds of decision are covered by this guidance. You can apply for internal review of:
- A decision to issue or amend an improvement notice (section 286 of the SSR Act);
- A decision to issue or amend a prohibition notice (section 286 of the SSR Act); and
- A decision to serve an infringement notice (section 22 of the Infringements Act 2006).
Applying for internal review
Who can apply?
For an internal review of an improvement or prohibition notice, the registered social services provider can apply.
For an internal review of an infringement notice, the recipient can apply.
Who conducts an internal review or further application?
When you apply for an internal review, the application will be managed by the Internal Review Branch, which is an independent part of the SSR to the one that made the original decision.
For an infringement notice, the SSR conducts the review as the enforcement agency, while Fines Victoria manages payment and enforcement steps.
The Internal Review Branch will determine whether you are eligible for an internal review and consider your application before deciding.
Evidence and information you can provide to support your application
Explain why you think the decision should be changed and include any documents that support your case.
For an internal review of an improvement or prohibition notice, you can provide written submissions and supporting material with your application.
For an internal review of an infringement notice, you can only apply on specific grounds, so your evidence should address the grounds you rely on. The grounds are that:
- the decision to serve the notice was contrary to law
- that it involved a mistake of identity
- that special circumstances apply to you, which do not apply to corporate entities
- that the conduct should be excused because of exceptional circumstances relating to the offence
- that you were unaware the notice was served and it was not served on you personally.
Depending on the ground, useful evidence might include proof of identity, or material showing the special or exceptional circumstances you rely on.
Asking you or other sources for more information
The SSR may ask you for more information during the review.
For an internal review of an infringement notice, if we ask for more information the review is extended by 35 days. This is counted from either the date we ask or the date you provide the information, whichever lets the review finish sooner.
You must respond within 14 days or seek an extension. If you do not respond in time, we may proceed with the review. If you respond late but before the review ends, we may still accept the information.
How we handle your information
The SSR handles your information in line with its obligations under Victorian law, including the Social Services Regulation Act 2021, the Privacy and Data Protection Act 2014, the Health Records Act 2001, and the Public Records Act 1973. You can read more about how the SSR collects, uses, stores, and shares information on our privacy page.
Sharing your information
Where the law allows, the Regulator SSR may share information about you, for example with Fines Victoria.
Accessing and correcting your information
You can ask the SSR for access to documents that contain your personal information, and you can ask for that information to be corrected if it’s wrong. Access requests are usually made under the Freedom of Information Act 1982. Find out more about making a Freedom of Information request.
If you have a concern about your privacy
If you believe the SSR has mishandled your information or disclosed it unreasonably, you can raise it with the SSR directly. If you are not satisfied with its response, you can complain to the Office of the Victorian Information Commissioner about personal or sensitive information, or to the Health Complaints Commissioner about health information.
What process will the SSR undertake?
Once the SSR receives your application
We will acknowledge receipt of your application. We will then assess it to confirm that it is valid by checking that it relates to a decision that can be reviewed, that it is made by a person who may seek review, and that it is made within time. We will then tell you about the internal review process and expected timelines, and how to provide any further evidence or written submissions.
While we consider an internal review of an improvement or prohibition notice, we may stay the decision. This means we put the decision to issue or amend the notice on hold and defer any enforcement action, and we may attach conditions to the stay (section 287 of the SSR Act).
For an internal review of an infringement notice, once we receive your application the review process begins and any enforcement action associated with the notice is suspended until the review is complete and we have advised you of the outcome.
Timeframe for completing an internal review or further application
For an internal review of an improvement or prohibition notice, the SSR will make a decision within 10 business days of receiving your application, unless it extends that period. If the period is extended, the SSR will notify you in writing.
For an internal review of an infringement notice, the review must be finalised within 90 days of receiving your application. If we ask you for further information, the review is extended by 35 days as described above.
After an internal review is completed
Notification of outcome
Once the SSR has finished your internal review, it will write to you with the outcome.
Providing reasons
Whenever the SSR gives you a decision on an internal review, you have the right to understand why. The decision to either affirm, amend or revoke will be accompanied with a written notice setting out the reasons.
For an improvement or prohibition notice, the SSR will give you a written notice explaining the decision to affirm, amend or revoke the notice. The SSR may also instead, or in addition, make recommendations to the authorised officer who issued the notice to either affirm, amend or revoke the improvement or prohibition notice.
Following review of an infringement notice, if the notice stands, you will be required to make payment within 14 days of receiving the notice (section 25(7) of the Infringements Act 2006).
Further review rights
If you remain dissatisfied with the outcome of an improvement or prohibition notice internal review, your further review right will be through the Victorian Civil and Administrative Tribunal (VCAT).
For an infringement notice, you may elect to have the matter heard and determined in the Magistrates Court.
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