Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 57

Application of statements of policy

57. Application of statements of policy



(1) The relevant Minister may certify in writing that there was, at the time a
decision the subject of a proceeding for review was made, a statement of
policy applying to decisions of that kind.

(2) If a certificate is given under subsection (1), the Tribunal in conducting
the proceeding must apply the statement of policy if-

   (a)  the Tribunal is satisfied that, at the time the decision was made-

   (i)  the applicant was aware of the statement of policy; or

   (ii) persons entitled to apply for review of a decision under the enabling
        enactment could reasonably have been expected to be aware of the
        statement of policy; or

   (iii) the statement of policy had been published in the Government Gazette;
        and

   (b)  the decision-maker states in the material lodged with the Tribunal
        under section 49 that the decision-maker relied on the statement of
        policy in making the decision.

(3) Subsection (2) does not apply to the extent that the statement of policy
is outside power.

(4) In this section-

relevant Minister means the Minister administering the enactment under which
the decision the subject of the proceeding for review was made.
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