Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 205

Review by a Council

    (1)     In this section—

"decision" means a decision made by a Council under section 74 or 76 in respect of the issue, variation, transfer, renewal, cancellation or suspension of a registration;

"person aggrieved" means the person who is the applicant for, or the holder of, the registration in respect of which the decision was made.

    (2)     A person aggrieved by a decision may within 28 days of being notified of the decision apply to the Council for a review of the decision.

    (3)     On receiving an application under subsection (2), the Council must review the decision.

    (4)     The Council is taken to have affirmed the decision if the Council has not determined an application under this section within—

        (a)     28 days of receiving the application; or

        (b)     the period agreed to by the Council and the applicant under subsection (5).

    (5)     The Council and the applicant may agree that the Council may determine the applicant's application within a period that is greater than the 28 days specified in subsection (4)(a).

    (6)     The Council may—

        (a)     make a decision affirming, varying or revoking the decision; and

        (b)     if the Council revokes the decision, make any other decision as the Council considers appropriate under the provision under which the decision was made.

    (7)     The Council must within the period applying under subsection (4) give the applicant for review a written statement of the decision and the reasons for the decision.

    (8)     The Council must inform an applicant for review in writing of the applicant's right to apply to VCAT for a review under section 207.



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