Victorian Current Acts

RADIATION ACT 2005 - SECT 99

    (1)     A person who suffers loss as a result of the giving of an authorisation to an authorised officer under this Part, may apply to the Secretary for compensation if the person considers that there were insufficient grounds for the giving of that authorisation.

    (2)     If there were insufficient grounds for the giving of an authorisation to an authorised officer under this Part, the Secretary is to pay just and reasonable compensation to the applicant.

    (3)     The Secretary is to send written notification of his or her determination as to the payment of compensation under this section to each applicant for the payment of compensation.

    (4)     If the Secretary has not determined an application for compensation under this section within—

        (a)     28 days of receiving the application; or

        (b)     the period agreed to by the Secretary and the applicant for the payment of compensation under subsection (5)—

the Secretary is taken to have refused to pay any compensation.

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

    (6)     An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Secretary as to the refusal to pay compensation or as to the amount of compensation may apply to the Magistrates' Court for a review 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 (4) applies, within 28 days after the relevant period.

    (7)     In subsection (6)(b)—

"relevant period" means—

        (a)     28 days after the Secretary receives the application for the payment of compensation; or

        (b)     the period agreed to by the Secretary and the applicant for the payment of compensation under subsection (5).

    (8)     If the amount of compensation sought exceeds the jurisdictional limit of the Magistrates' Court, the application under subsection (6) is to be made to the Supreme Court.

Part 9—Review of decisions