Reg. 128(1) amended by S.R. No. 172/2019 reg. 9(Sch. 5 item 94).
(1) Subject to subregulation (2), a person whose interests are affected by a decision of the Secretary on an internal review under regulation 120 may apply to VCAT for a review of the decision.
(2) Subregulation (1) does not apply if the person has a right to appeal to the Magistrates' Court under section 12 or 16E of the Act.
(3) An application by a person for a review under subregulation (1) must be made within 28 days after the latest of—
(a) the day on which the internal review decision is made; and
Reg. 128(3)(b) amended by S.R. No. 172/2019 reg. 9(Sch. 5 item 94).
(b) the day on which the person is
informed by the Secretary of the person's right to an external review; and
(c) if, under the Victorian Civil and Administrative Tribunal Act 1998 , the person asks for a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.