Victorian Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 528

    (1)     If an application is made to the Authority in accordance with this Part, the Authority must make a decision—

        (a)     to confirm the reviewable decision either on the basis—

              (i)     that it was made in accordance with the Act and these Regulations; or

              (ii)     that even though it was not made in accordance with the Act or these Regulations, the process failure was not reasonably likely to have affected the outcome of the decision; or

        (b)     to set aside the reviewable decision.

    (2)     The Authority must give a written notice to the applicant setting out—

        (a)     the Authority's decision under subregulation (1) and the reasons for the decision; and

        (b)     the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.

    (3)     The Authority must comply with subregulation (2)—

        (a)     within 14 days after the application is made; or

        (b)     with the consent of the applicant, within a further period of up to 14 days.

    (4)     If the Authority does not notify an applicant of a decision in accordance with subregulations (2) and (3), the Authority is taken to have made a decision to confirm that the reviewable decision was made in accordance with the Act and these Regulations.

    (5)     Subject to regulations 485(4) and 500, an application under this regulation does not affect the operation of the reviewable decision or prevent the taking of any action to implement it.