Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 49

Decision-maker must lodge material

49. Decision-maker must lodge material



(1) If a proceeding is commenced for review of a decision, the decision-maker
must lodge with the Tribunal as many copies as the rules require of-

   (a)  the statement of reasons given by the decision-maker under section
        46(1) or, if no such statement has been given, a statement containing
        the matters set out in section 46(2) or, in the case of the Business
        Licensing Authority, section 46(2)(a); and





   (b)  every other document in the decision-maker's possession that the
        decision-maker considers is relevant to the review of the decision.

(2) Copies must be lodged under subsection (1) within 28 days after-

   (a)  the day on which the decision-maker received notice of the application
        to the Tribunal; or

   (b)  the day on which the decision-maker referred the decision to the
        Tribunal-

as the case requires.

(3) If the Tribunal considers that there are further documents in the
possession of the decision-maker that may be relevant to the review, the
Tribunal may give written notice to the decision-maker requiring the
decision-maker to lodge the number of copies of those documents required by
the rules with the Tribunal within the time specified in the notice.

(4) If the Tribunal considers that a statement lodged under subsection (1)(a)
is not adequate, the Tribunal may order the decision-maker to lodge the number
of copies required by the rules of an additional statement containing the
further particulars specified in the order within the time specified in the
order.

(5) This section applies despite any rule of law relating to privilege or the
public interest in relation to the production of documents4.