What can I do if I’m unhappy with the Commissioner’s decision about my EMDs?

There is no formal process to ask for a review of the Commissioner’s decision about your EMD application.

However, if you think the Commissioner has misunderstood the information you provided or made a mistake, you can write to them again with more information to clarify and ask them to reconsider.

Getting help from a lawyer  

A lawyer may be able to help if you have been unfairly or unlawfully refused EMDs.

For more information on getting help from a lawyer, click here.  

Judicial review

If the Commissioner’s decision about your EMD application was unlawful, you may be able to apply to the Supreme Court for a judicial review.

In a judicial review, the Court does not look at the decision to separate you to see if they would have done things differently. What they look at is whether the decision was lawful. If they decide the decision was unlawful, they can cancel the hearing officer’s decision or order the hearing officer to re-consider their decision.

It’s a good idea to get legal advice before applying for judicial review. If you lose your case, you can be made to pay the cost of Corrections Victoria’s legal fees. You will also very likely need a lawyer to help you apply for judicial review, especially if you do not have access to a computer.

You should try to speak to a lawyer as soon as possible because an application should be made within 60 days of the decision to separate you.

For more information on judicial review and what decisions are unlawful, click here.