Victorian Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 530

For the purposes of this Part, section 129 of the Act applies as if—

        (a)     a reference in section 129(1)(a) to a reviewable decision were a reference to—

              (i)     a reviewable decision that a person was entitled to have reviewed under this Part and that has been confirmed by the Authority after it has conducted a process review of the decision under this Part; or

              (ii)     a reviewable decision that was a new decision made after an earlier decision was set aside following a process review by the Authority; and

        (b)     section 129(1)(b) were omitted; and

        (c)     a reference in section 129(1) to an eligible person were a reference to a person who was entitled to seek a review of the decision under this Part; and

        (d)     for section 129(2) there were substituted the following provision—

    "(2)     The application must be made—

        (a)     within 14 days after the person received notice of the process review decision
or the new decision (as the case requires); or

        (b)     if the Authority is required by the  Victorian Civil and Administrative Tribunal Act 1998 to give the person a statement of reasons, within 14 days after the day on which the person is given the statement—

whichever period ends last.".

Note

This regulation has the effect of enabling a person who was entitled to seek a process review of a decision under this Part to apply to VCAT for a review of the decision, but only after the person has applied under this Part for a process review of the decision and had the decision confirmed by the Authority or a new decision is made.