Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 206

Review by the Secretary

    (1)     In this section—

"decision" means a decision made by the Secretary in respect of—

        (a)     the certification, or revocation of the certification, of a person as an approved auditor under section 94; or

        (b)     the issue, variation, renewal, cancellation or suspension of a pest control licence under section 101 or  105;

"person aggrieved" means the person who is the applicant for, or the holder of, the certification or pest control licence 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 Secretary for a review of the decision.

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

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

        (a)     28 days of receiving the application; or

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

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

    (6)     The Secretary may—

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

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

    (7)     The Secretary 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 Secretary 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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