Victorian Consolidated Regulations

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OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 489

Time in which licence continues to have effect

    (1)     If the Authority gives a licence holder written notice that it intends to refuse to renew the person's licence, the licence continues to have effect—

        (a)     if the licence holder has applied for a process review of the decision and the Authority has confirmed the decision and the person applies to the Tribunal for a review of the decision, until whichever of the following occurs first—

              (i)     the person withdraws the application for review;

              (ii)     the Tribunal makes its determination on the application for review; or

        (b)     if the licence holder applied for a process review of the decision and the Authority confirmed the decision and the person does not apply to the Tribunal for a review of the decision, until 14 days after the person received written notice of the process review decision.

Note

Part 6.3 (Review of decisions) provides for a right of review by VCAT of certain reviewable decisions and process review has the meaning given by regulation 525.

    (2)     Subject to subregulation (3), if the person applied for a process review of the decision and the Authority set aside the decision, the licence continues to have effect until the new decision is made.

    (3)     If the new decision is to refuse to renew the licence and the person applies to the Tribunal for a review of the new decision in accordance with these Regulations, the licence continues to have effect until whichever of the following occurs first—

        (a)     the person withdraws the application for review;

        (b)     the Tribunal makes its determination on the application for review.

    (4)     If the new decision is to refuse to renew the licence and the person does not apply to the Tribunal for a review of the decision in accordance with these Regulations, the licence continues to have effect until 14 days after the person received written notice of the new decision.



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