Exclusion Determination Reviews provide an opportunity for applicants who have had a request for an exclusion determination refused by the Executive Director, or for persons with a real and substantial interest in a place or object that has been the subject of an exclusion determination decision, to have that decision reviewed.
Using the HCV Hub for Exclusion Determination Reviews
The ‘HCV Hub’ is the Heritage Council of Victoria’s online platform for lodging forms and submissions in relation to its regulatory processes, conducted pursuant to the Heritage Act 2017. All forms, submissions and hearing-related material is to be lodged with the Heritage Council by way of the HCV Hub. In turn, all hearing-related correspondence and material will be made available to participants via the HCV Hub.
Where a person or organization is unable to access the HCV Hub for the purpose of lodging forms and submissions, they should liaise with the Secretariat.
Where a protocol or the Act requires the ‘lodgement’ or ‘submission’ of forms etc. to be made ‘in writing’, this is to be done via the online forms on the HCV Hub.
Who can request an Exclusion Determination review?
The person who applied for the Exclusion Determination or a person with a real and substantial interest in the place or the object.
A request for review must be in writing and must be lodged with the Heritage Council within 28 days of the Executive Director’s notice of the decision.
For the request to be valid it must be accompanied by the relevant prescribed fee.
The Committee
At least three (3) members of the Heritage Council will conduct the Exclusion Determination Review (the Committee).
Requests for information
Following receipt of a request for a review, the Committee in writing, may request that the Executive Director provide specified information in relation to the Executive Director’s decision.
The Executive Director must provide any information requested.
Withdrawing from a review
The applicant, or the person who has requested the review may withdraw from the process by advising the Committee as soon as practicable. This may be done directly via the HCV Hub.
Once a withdrawal notification has been received, the Committee will cease the review and the Executive Director’s original decision will stand.
Exclusion Determination review decisions
The Heritage Council will communicate their decision by:
- notifying all parties involved in the Exclusion Determination review via the HCV Hub
- publishing it on the Heritage Council website
- including it in the Australasian Legal Information Institute’s Victorian Law Resources database.
Additional information
Further information about Exclusion Determination reviews can be found in Heritage Council Protocol 8 – Exclusion Determination Reviews.
If you would like further information in relation to an upcoming Exclusion Determination review, please contact the Heritage Council via email at heritage.council@delwp.vic.gov.au.
Please note that any information received in relation to an Exclusion Determination review will be treated as public documents. While the Heritage Council will endeavour to respect any privacy wishes of which it is informed, it is bound by the Freedom of Information Act 1982. You should expect any information you provide to be freely and wholly available to anyone seeking access to it.