Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 71

Principal registrar or the Tribunal may reject certain applications

71. Principal registrar or the Tribunal may reject certain applications



(1) Unless otherwise provided for in the rules, the principal registrar may
reject an application that-

   (a)  is made by a person not entitled to make it; or

   (b)  is lodged after the expiry of the period specified in the enabling
        enactment; or

   (c)  does not otherwise comply with this Act, the regulations or the rules.

(2) If the principal registrar rejects an application, the applicant may
require the principal registrar to refer the application to the Tribunal for
review of the rejection.

(3) If the principal registrar rejects an application, he or she must inform
the applicant of the right of referral under subsection (2).

(4) No fee is payable for a referral under subsection (2).

(5) On a referral under subsection (2), the Tribunal must review the rejection
and may-

   (a)  confirm the rejection; or

   (b)  order the principal registrar to accept the application.

(6) Instead of rejecting an application under subsection (1), the principal
registrar may refer it to the Tribunal.

(7) On a referral under subsection (6), the Tribunal may order that the
application be rejected if it is an application referred to in subsection
(1)(a), (b) or (c).

(8) Nothing in Division 3 of Part 3 applies to a review under subsection (2).