Date last updated

Tuesday 22 Jan 2019

Part 15 - Review of decisions

214 What is a reviewable decision?

For the purposes of regulation 216 and section 20(1A) of the Act, the following are reviewable decisions made by the Authority -

  1. a decision to issue or refuse to issue a licence;
  2. a decision to impose a condition, limitation or restriction on the issue of a licence;
  3. a decision to renew or refuse to renew a licence;
  4. a decision to impose a condition, limitation or restriction on the renewal of a licence;
  5. a decision to amend, suspend or revoke a licence;
  6. a decision not to amend a licence;
  7. a decision to issue or refuse to issue a duplicate licence document or licence label;
  8. a determination or approval by the Authority or the refusal to make a determination or to grant an approval;
  9. a decision to grant or refuse to grant an exemption under these Regulations.

215 Who is an eligible person?

For the purposes of regulation 216 and section 20(1A) of the Act, a person whose interests are affected by a reviewable decision prescribed under regulation 214 is an eligible person.

216 Application for internal review

A review under this regulation does not affect the operation of the reviewable decision or prevent the taking of any action to implement it.

Note Section 20B of the Act provides a right to apply to VCAT for a review of a reviewable decision made by the Authority.

  1. An eligible person may apply in writing to the Authority for a review of a reviewable decision prescribed under regulation 214.
  2. An application for a review must be made within -
    1. 14 days after the day on which the decision first came to the applicant's notice; or
    2. such longer period as the Authority allows.
  3. If an application is made, the Authority must make a decision -
    1. to confirm the reviewable decision either on the basis -
      1. that it was made in accordance with the Act and these Regulations; or
      2. that even though it was not made in accordance with the Act or these Regulations, the failure was not reasonably likely to have affected the outcome of the decision; or
    2. to set aside or vary the reviewable decision.
  4. The Authority must give a written notice to the applicant setting out -
    1. the Authority's decision and the reasons for the decision; and
    2. the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.
  5. The Authority must give the notice -
    1. within 14 days after the application is made; or
    2. with the consent of the applicant, within a further period of up to 14 days.
  6. If the Authority does not notify an applicant of a decision in accordance with subregulation (5), the Authority is taken to have made a decision to confirm that the reviewable decision was made in accordance with the Act and these Regulations.

217 Process for new decisions to be started within 7 days

If the Authority sets a decision aside under regulation 216(3)(b), it must start the process to remake the decision within 7 days after it sets the decision aside.

218 Notices of decisions must contain a copy of review rights

  1. The Authority must ensure that any written notice it gives to an applicant for a licence, or to a licensee, of any reviewable decision it makes includes a copy of this Part (other than this regulation).
  2. Subregulation (1) does not apply to the following reviewable decisions of the Authority -
    1. a decision to issue or renew a licence that is not subject to any conditions, limitations or restrictions;
    2. a decision to issue a duplicate licence document or licence label.

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