Victorian Numbered Acts Victorian Numbered Acts(1) A person whose interests are affected by a decision of the Authority under this Division may apply to VCAT for review of the decision.
(2) A reference in subsection (1) to a decision of the Authority does not include a reference to a decision of the Authority under section 570(2)(a) to notify a relevant body or to refer the conduct of a person for review.
(3) An application for review must be made within 12 months after the person became aware of the decision.
(4) After a copy of the application has been served on the Authority, VCAT may fix a date, not earlier than 28 days after the date of service, for the hearing of an application.
(5) The Authority must, within 28 days after receiving a copy of an application under this section for review of its decision, reconsider the decision.
(6) For the purposes of reconsidering a decision, the Authority may by notice given to the applicant, require the applicant to give further and better particulars about the reasons for the application to VCAT and such further information relating to the application as the Authority requires.
(7) If an applicant fails, without reasonable excuse, to give the further and better particulars or further information requested by the Authority or fails to give those particulars or that information within a reasonable time, VCAT may take the failure into account when making an order for costs in respect of the proceedings.
(8) If, after re-considering its decision, the Authority determines that the decision should be varied or revoked, it may vary or revoke the decision accordingly.
(9) The Authority must give notice in writing to the applicant of a determination to vary or revoke its decision.
(10) Unless the applicant has withdrawn the application, VCAT may proceed to hear it after the expiration of the period of 28 days after a copy of the application was served on the Authority.
(11) Where VCAT exercises jurisdiction under this section—
(a) VCAT may refer a medical question to a Medical Panel for an opinion; and
(b) if a party to the proceedings so requests, VCAT must refer a medical question to a Medical Panel for an opinion; and
(c) the opinion of the Medical Panel on that question shall, subject to this section, be adopted by VCAT as the answer to that question.
(12) If VCAT refers a medical question to a Medical Panel, VCAT must give the Medical Panel, and each party to the proceedings, copies of all documents in the possession of VCAT relating to the medical question.
(13) If VCAT refers a medical question to a Medical Panel, VCAT must give a copy of the Panel's opinion to each party to the proceedings.
(14) An application for leave to appeal under section 148 of the Victorian Civil and Administrative Tribunal Act 1998 against an order of VCAT under this section by a person other than the Authority does not operate as a stay of the order.