Victorian Current Acts

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 49

Decision-maker must lodge material

    (1)     If a proceeding is commenced for review of a decision, the decision-maker must lodge with the Tribunal as many copies as the rules require of—

        (a)     the statement of reasons given by the decision-maker under section 46(1) or, if no such statement has been given, a statement containing the matters set out in section 46(2) or, in the case of the Business Licensing Authority, section 46(2)(a); and

        (b)     every other document in the decision‑maker's possession that the decision-maker considers is relevant to the review of the decision.

    (2)     Copies must be lodged under subsection (1) within 28 days after—

        (a)     the day on which the decision-maker received notice of the application to the Tribunal; or

        (b)     the day on which the decision-maker referred the decision to the Tribunal—

as the case requires.

    (3)     If the Tribunal considers that there are further documents in the possession of the decision‑maker that may be relevant to
the review, the Tribunal may give written
notice to the decision-maker requiring the decision‑maker to lodge the number of copies of those documents required by the rules with the Tribunal within the time specified in the notice.

    (4)     If the Tribunal considers that a statement lodged under subsection (1)(a) is not adequate, the Tribunal may order the decision-maker to lodge the number of copies required by the rules of an additional statement containing the further particulars specified in the order within the time specified in the order.

    (5)     This section applies despite any rule of law relating to privilege or the public interest in relation to the production of documents [4] .



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