Victorian Current Acts Victorian Current Acts(1) This section applies if a Member is aggrieved by a determination of the relevant Officer under section 9G.
(2) A Member may within 28 days of being advised by the relevant Officer of the determination made by the relevant Officer under section 9G appeal in the prescribed form to the Compliance Officer against the determination.
(3) The Compliance Officer must provide the Member who has appealed and the relevant Officer who made the determination a reasonable opportunity to make submissions in relation to the appeal.
(4) The Compliance Officer may request the Member who has appealed or the relevant Officer who made the determination to provide further information in relation to the appeal.
(5) If the Member does not comply with a request under subsection (4), the Compliance Officer may reject the appeal and notify the Member accordingly.
(6) The Compliance Officer must consider any submissions under subsection (3) and any further information under subsection (4) before determining the appeal.
(7) If the Compliance Officer determines to uphold the appeal, the Compliance Officer must notify the Member and the relevant Officer.
(8) If the relevant Officer is notified under subsection (7) that the Compliance Officer has upheld the appeal, the relevant Officer must accept the claim and make the payment of the claim for the work‑related parliamentary allowance or under the Budget.
(9) If the Compliance Officer determines to reject the appeal, the Compliance Officer must notify the Member and relevant Officer.
(9A) If the Compliance Officer considers that a statement of findings and any required actions should be published in a particular case, the Compliance Officer may at any time cause the statement to be transmitted to each House of the Parliament.
(9B) The Clerk of each House of the Parliament must cause a statement of findings and any required actions transmitted under subsection (9A) to be laid before the House on the day on which it is received or on the next sitting day of that House of the Parliament.
(9C) If the Compliance Officer proposes to transmit a statement of findings and any required actions under subsection (9A), the Compliance Officer must publish the statement on the Tribunal's Internet site as soon as practicable after giving it to the Clerks.
(10) The Member must within 28 days of being notified under subsection (9) that the appeal has been rejected—
(a) repay the amount of the claim for the work-related parliamentary allowance or under the Budget received in breach of this Act and the regulations and any other prescribed document and the Tribunal Guidelines; and
(b) pay a penalty that is equal to 25 per cent of the amount specified in paragraph (a).
(11) If the Member does not repay the amount under subsection (10), the relevant Officer may—
(a) deduct that amount from any salary or allowance or Budget payable to the Member; or
(b) recover the amount as a debt due
to the State in a court of competent jurisdiction.
(12) A Member is not entitled to the reimbursement of any legal costs incurred by the Member in relation to this section.
S. 9I inserted by No. 5/2019 s. 59.