PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 204 Compensation
PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 204
Compensation(1) A person who suffers loss as a result of a decision by the Chief Health Officer to give an authorisation to an authorised officer under this Division may apply to the Secretary for compensation if the person considers that there were insufficient grounds for the giving of that authorisation.
(2) If the Secretary decides that there were insufficient grounds for the giving of an authorisation to an authorised officer under this Division, the Secretary is to pay just and reasonable compensation to the applicant.
(3) The Secretary must send notice in writing of the decision under subsection (2) as to the payment of compensation under this section to each applicant for the payment of compensation.
(4) The Secretary is taken to have refused to pay any compensation if the Secretary has not decided an application for compensation under this section within—
(a) 28 days of receiving the application; or
(b) the period agreed to by the Secretary and the applicant for the payment of compensation under subsection (5).
(5) The Secretary and the applicant for the payment of compensation may agree that the Secretary may decide the applicant's application for the payment of compensation within a period that is greater than the 28 days specified in subsection (4)(a).
(6) The Secretary must inform each applicant for the payment of compensation in writing of the applicant's right to apply to VCAT for a review.
(7) An applicant for the payment of compensation under this section who is dissatisfied with a decision by the Secretary as to the refusal to pay compensation or as to the amount of compensation may apply to the VCAT for a review of the decision.
(8) An application for review must be made within 28 days of the latest of—
(a) the day on which the decision is made; or
(b) the day on which the person was notified under subsection (6) of the right to apply for a review; or
(c) if, under the
Victorian Civil and Administrative Tribunal Act 1998 , the person requests a
statement of reasons for the decision, the day on which the statement of
reasons is given to the person or the person is informed under section 46(5)
of that Act that a statement of reasons will not be given.
Part 11—General provisions
Division 1—Reviews and appeals