Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 478

Right of review and appeal

    (1)     This section applies if—

        (a)     an employer is dissatisfied with—

              (i)     a determination made by the Authority under section 468(1); or

              (ii)     a determination deemed under section 471 to have been made by the Authority; or

        (b)     an employer has received notice that the Authority has declined to conduct a review under section 464; or

        (c)     90 days have passed since an employer's application under section 461 was received by the Authority and the Authority has not—

              (i)     suspended the review under section 467; or

              (ii)     made a determination under section 468; or

              (iii)     given notice of a decision to decline to conduct a review under section 464.

    (2)     If this section applies, the employer may—

        (a)     make an application to VCAT under section 67 of the Victorian Civil and Administrative Tribunal Act 1998 for a review of the determination; or

        (b)     appeal to the Supreme Court and cause the matter to be set down for hearing at the next sittings of the Supreme Court.

    (3)     The employer's application or appeal—

        (a)     in the circumstances referred to in subsection (1)(a) or (b), must be made within 60 days after the date of the notice given to the employer of the Authority's determination under section 468(1) or 471; or

        (b)     in the circumstances referred to in subsection (1)(c), may be made at any time after the 90 day period referred to in subsection (1)(c).

S. 479 substituted by No. 44/2014 s. 18.



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