New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 49

49 Compensation

(1) A person against whom a prohibition order is made who suffers loss as a result of the making of the order may apply to the person who made the order for compensation if the person against whom the order is made considers that the order was not made in good faith or that there were no grounds for the making of the order.

(2) If the order was not made in good faith or there were no grounds for the making of the order, the Secretary, the local government authority or the council (if the order was issued by the General Manager of the council) is to pay such compensation to the applicant as is just and reasonable.

(3) The person who made the prohibition order is to determine the compensation payable in accordance with subsection (2).

(4) The person who made the prohibition order is to send written notification of its determination as to the payment of compensation under this section to each applicant for the payment of such compensation.

(5) If an application for compensation under this section is not determined by the person who made the prohibition order within 28 days of receiving the application, the application is taken to have been refused.

(6) An applicant for the payment of compensation under this section who is dissatisfied with a determination as to the refusal to pay compensation or as to the amount of compensation may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the determination--

(a) within 28 days after the day on which notification of the determination was received, or

(b) in a case to which subsection (5) applies, within 28 days after the expiration of the 28-day period referred to in that subsection.