Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 120

Re-opening an order on substantive grounds

120. Re-opening an order on substantive grounds



(1) A person in respect of whom an order is made may apply to the Tribunal for
a review of the order if the person did not appear and was not represented at
the hearing at which the order was made.

(2) An application under subsection (1) is to be made in accordance with, and
within the time limits specified by, the rules.

(3) The rules may limit the number of times a person may apply under this
section in respect of the same matter without obtaining the leave of the
Tribunal.

(4) The Tribunal may-

   (a)  hear and determine the application if it is satisfied that the
        applicant had a reasonable excuse for not attending or being
        represented at the hearing; and

   (b)  if it thinks fit, order that the order be revoked or varied.

(5) Nothing in Division 3 of Part 3 applies to a review under this section.