Victorian Numbered Acts Victorian Numbered Acts(1) Without limiting any other power of VCAT conferred by or under this Part or any other Act, if VCAT decides that any of the evidence adduced under section 64(3) is protected information, that subsection continues to apply to the hearing of the proceeding to the extent that it relates to that protected information.
(2) In making a determination in a proceeding to which subsection (1) applies, VCAT must decide—
(a) what weight to give the protected information and any other evidence adduced; and
(b) whether, in all the circumstances, the manufacturing licence should be issued, renewed, suspended or cancelled (as the case requires).
(3) If VCAT decides that any of the evidence adduced under section 64(3) is protected information—
(a) VCAT must take all steps and precautions to prevent release of that information; and
(b) if the special counsel wishes to seek further instructions from the applicant on one or more occasions in relation to that protected information, the special counsel may do so only by submitting written questions for the approval of VCAT after hearing any submissions from the Chief Commissioner of Police on their content.
(4) Despite section 117 of the Victorian Civil and Administrative Tribunal Act 1998 , any order issued by VCAT in relation to a decision under this section must only state—
(a) whether the decision of the Health Secretary is upheld or overturned; and
(b) if the manufacturing licence is not issued or renewed, or if the licence is suspended or cancelled, that the applicant and each of the applicant's associates has failed to meet the fit and proper person requirements.
(5) For the avoidance of doubt, VCAT may publish reasons for its decision to the extent that those reasons do not relate to protected information.