Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 4

When does a person make a decision?

4. When does a person make a decision?



(1) For the purposes of this Act or an enabling enactment, a person makes a
decision if the person-

   (a)  makes, suspends, revokes or refuses to make a decision, order,
        determination or assessment (including a decision not to make a
        decision, order, determination or assessment);

   (b)  gives, suspends, revokes or refuses to give a certificate, direction,
        approval, consent or permission;

   (c)  issues, suspends, revokes or refuses to issue a licence, authority or
        other instrument;

   (d)  imposes a condition or restriction;

   (e)  amends or varies any of the things referred to in paragraph (a), (b),
        (c) or (d);

   (f)  makes a declaration, demand, direction or requirement;

   (g)  retains or refuses to deliver up an article;

   (h)  does or refuses to do any other act or thing.

(2) For the purposes of this Act or an enabling enactment-

   (a)  a decision is made under an enactment if it is made in the exercise or
        purported exercise of a function conferred or imposed by or under that
        enactment;

   (b)  a decision that purports to be made under an enactment is deemed to be
        a decision made under that enactment even if the decision was beyond
        the power of the decision-maker;

   (c)  a refusal by a decision-maker to make a decision under an enactment
        because the decision-maker considers that the decision cannot lawfully
        be made is deemed to be a decision made under that enactment to refuse
        to make the decision;

   (d)  a failure by a decision-maker to make a decision under an enactment
        within the period specified by that enactment is deemed to be a
        decision by the decision-maker at the end of that period to refuse to
        make the decision.

(3) If a person who made a decision by reason of holding or performing the
duties of an office or appointment or a position in the public service ceases
to hold or perform the duties of that office, appointment or position-





   (a)  the person for the time being holding or performing the duties of that
        office, appointment or position is deemed to be the decision-maker in
        respect of that decision; or

   (b)  if there is no such person, or if the office or position no longer
        exists, a person specified by the President is deemed to be the
        decision-maker in respect of that decision.