School Community Safety Orders

Internal and external review of an ongoing order

A person who has been issued with an ongoing school community safety order (order) may apply for an internal review of the authorised person’s decision to make, not revoke, vary or not vary the order. A person who is unhappy with the outcome of an internal review may apply to Victorian Civil and Administrative Tribunal (VCAT) for external review of the decision.

The order remains in place while an internal or external review is being completed.

For further advice on internal or external review processes, contact Legal Division on 03 9637 3146 or email legal.services@education.vic.gov.au

Internal review

Applications for internal review are assessed by the department. The department will make all reasonable efforts to ensure the internal review decision is fair, unbiased and objective.

The following positions are considered internal reviewers who may review appeal applications:

• the Assistant Deputy Secretary, Schools and Regional Services
• the Deputy Secretary, Schools and Regional Services.

The department will appoint an internal reviewer who is supported with information relevant to the decision.

The internal reviewer will make a decision that affirms, varies or revokes the order within 28 days of the application. This period can be extended for a further 28 days on their own motion or upon application by the applicant.

If a decision is not made by the internal review panel within 28 days from when the application was received by the school, or the agreed extended period, the ongoing order is considered to be revoked.

Procedure for internal review

1. If a person submits an Internal review application form (DOCX) to the school, the principal must report this on eduSafe Plus as soon as is practicable, along with any supporting documentation or submissions received.
2. The Internal Review Secretariat will be notified when eduSafe Plus has been updated and will provide the principal with advice about the internal review process, including how they can be involved with providing a submission or otherwise participating in the process. The department will lead the internal review process independent of the school.
3. A person who has been issued with an order who is seeking an internal review can make written submissions or, if permitted by the reviewer, oral submissions. In addition, they can be represented, accompanied or assisted by another person.
4. The authorised person and their senior education improvement leader (SEIL) and area executive director will be notified of when the review process has completed via email notification from eduSafe Plus.
5. Within the agreed period (28 days, or longer if an extension has been made), the Internal Review Secretariat must inform the applicant in writing of:
   • the outcome of the internal review application
   • the reasons for the decision
   • information about their right to seek external review of the decision at VCAT.

A more detailed procedure will be published on this page at a later date.

External review

A person wishing to appeal the outcome of an internal review decision must submit an application to VCAT within 28 days of the day on which the decision is made.

Once an external review application is lodged and the department is notified, Legal Division will update the eduSafe Plus report for the ongoing order to reflect this change. This will notify the authorised person, their SEIL and their area executive director by email.

All VCAT proceedings will be managed by Legal Division. The department must abide by the Victorian Model Litigant Guidelines when engaged as a party to proceedings initiated by the person seeking external review of an order in VCAT.