Victorian Current Acts Victorian Current Acts(1) The relevant Minister may certify in writing that there was, at the time a decision the subject of a proceeding for review was made, a statement of policy applying to decisions of that kind.
(2) If a certificate is given under subsection (1), the Tribunal in conducting the proceeding must apply the statement of policy if—
(a) the Tribunal is satisfied that, at the time the decision was made—
(i) the applicant was aware of the statement of policy; or
(ii) persons entitled to apply for review of a decision under the enabling enactment could reasonably have been expected to be aware of the statement of policy; or
(iii) the statement of policy had been published in the Government Gazette; and
(b) the decision-maker states in the material lodged with the Tribunal under section 49 that the decision-maker relied on the statement of policy in making the decision.
(3) Subsection (2) does not apply to the extent that the statement of policy is outside power.
(4) In this section—
"relevant Minister" means the Minister administering the enactment under which
the decision the subject of the proceeding for review was made.
Pt 3A (Heading and ss 57A- 57K) inserted by No. 31/2021 s. 3.
Part 3A—Federal subject matter
S. 57A inserted by No. 31/2021 s. 3, amended by No. 20/2022 s. 39 (ILA s. 39B(1)).