Victorian Consolidated Legislation

Administrative Law Act 1978 - SECT 4

Procedure for review

4. Procedure for review



(1) An application for review shall be made ex parte not later than thirty
days after the giving of notification of the decision or the reasons therefor
(whichever is the later) supported by evidence on affidavit showing a prima
facie case for relief under section 7.





(2) The Court, notwithstanding that a prima facie case for relief is
disclosed, may refuse any such application if satisfied that no matter of
substantial importance is involved or that in all the circumstances such
refusal will impose no substantial injustice upon the applicant.

(3) If an application for review relates to a proceeding in the Victorian
Civil and Administrative Tribunal under Part 9 of the Fair Trading Act 1999 in
relation to a small claim or under a credit enactment within the meaning of
clause 2 of Schedule 1 to the
Victorian Civil and Administrative Tribunal Act 1998, the Court must refuse
the application unless it is satisfied that the applicant has made out a prima
facie case for relief under section 7 on the ground that-

   (a)  the Tribunal had or has no jurisdiction in relation to the matter; or

   (b)  there has been a denial of natural justice to a party in the
        proceeding before the Tribunal.

(4) If an application for review relates to a proceeding in the Victorian
Civil and Administrative Tribunal or a determination or order of that Tribunal
under the Residential Tenancies Act 1997, the Court must refuse the
application unless it is satisfied that the applicant has made out a prima
facie case for relief under section 7 on the ground that-

   (a)  the Tribunal had or has no jurisdiction in relation to the matter; or

   (b)  there has been a denial of natural justice to the applicant or to a
        party in the proceeding before the Tribunal.