Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 50

Effect of original decision pending review

50. Effect of original decision pending review



(1) Subject to subsection (2), the commencement of a proceeding for review of
a decision does not affect the operation of the decision or prevent the taking
of action to implement the decision.

(2) Subsection (1) does not apply-

   (a)  if the enabling enactment provides otherwise; or

   (b)  if the Tribunal makes an order under subsection (3).

(3) The Tribunal may make an order staying the operation of a decision that is
the subject of a proceeding for review.

(4) The Tribunal may make an order under subsection (3)-

   (a)  on application by any party or on its own initiative;

   (b)  whether or not it has given any person whose interests may be affected
        by the order an opportunity to be heard.

(5) In making an order under subsection (3), the Tribunal-

   (a)  may require any undertaking as to costs or damages that it considers
        appropriate; and

   (b)  may make provision for the lifting of the order if specified
        conditions are met.

(6) The Tribunal may assess any costs or damages referred to in subsection
(5)(a).

(7) The Tribunal's power to make an order under subsection (3) is exercisable
by the presiding member.