Victorian Repealed Regulations

This legislation has been repealed.

Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 1994 - SECT 28

Decisions of the Authority

28. Decisions of the Authority



(1) This regulation applies to any person who may be affected by a decision of
the Authority-



   (a)  to refuse to grant a certificate of competency or to give a notice of
        equivalent competency (as the case may be);

   (b)  to wholly or partially suspend or cancel a certificate of competency;

   (c)  to recommend to another statutory authority that a
        certificate of competency be wholly or partially suspended or
        cancelled;

   (d)  to refuse to replace a certificate of competency;

   (e)  to refuse to authorise a person as a certificate assessor; or

   (f)  to suspend or cancel a person's authorisation as a
        certificate assessor.

(2) The person is entitled-

   (a)  to by heard by the Authority in relation to that decision and to be
        given reasons for that decision; and



   (b)  to apply to the Administrative Appeals Tribunal for a review of that
        decision.

(3) An application under sub-regulation (2)(b) must be made within 14 days of
the date that the person is given written notice of the final decision of the
Authority.

(4) Despite anything to the contrary in these Regulations, if a person applies
under sub-regulation (2)(b) for a review of a decision of the Authority within
the specified 14 day period, the decision has no effect until-

   (a)  the application is withdrawn by the person; or

   (b)  the person is given a document setting out the terms of the decision
        of the Administrative Appeals Tribunal on the application.

(5) Sub-regulation (2)(a) does not apply to any person who has been given an
opportunity to be heard previously by the Authority in relation to that
decision.