129GReview of assessment

129G Review of assessment (1) If a contributor is dissatisfied with any assessment under this Division, the contributor may, if the contributor has paid the amount determined to be payable by the assessment within 28 days after service of a copy of the assessment on the contributor, post to, or lodge with, the Authority an objection in writing against the assessment stating the amount (if any) the contributor contends should be payable as contribution and stating fully the grounds on which the contributor relies but, if the assessment is an amended assessment, and the objection is posted to or lodged with the Authority after the period of 28 days, after notice of the original assessment was served, the contributor may object only against the amendment. (2) The Authority, within 28 days after receiving the objection, shall consider the objection and either disallow it or allow it either wholly or in part by amending, or further amending, the assessment and shall serve on the contributor and, in the case of an assessment under section 129D(2), on the self-insurer, notice of its decision and any amendment. (3) If— (a) a contributor is dissatisfied with the decision and any amendment made under subsection (2); or (b) the Authority does not, within 28 days after receiving an objection from a contributor, comply with subsection (2)— the contributor may, within 28 days after service of the notice of the decision on the contributor or, where paragraph (b) applies, after the Authority receives the objection, apply to the Tribunal for review of the assessment or the amendment. S. 129G(4) repealed by No. 52/1998 s. 311(Sch. 1 item 1.4). (5) If a self-insurer is dissatisfied with the decision and any amendment notice of which was required to be served on the self-insurer under section 129G(2), the self-insurer may, within 28 days after service of notice of the decision on the self-insurer apply to the Tribunal for a review of the amendment. S. 129G(6) repealed by No. 52/1998 s. 311(Sch. 1 item 1.4). (7) Upon a review by the Tribunal under this Division— S. 129G(7)(a) repealed by No. 52/1998 s. 311(Sch. 1 item 1.5). (b) if the application for the review was made by a self-insurer— (i) the burden of proving that an amendment of an assessment was in error lies on the self-insurer; and (ii) the Authority shall not be a party to the review; and (c) the Tribunal shall not regard an assessment under this Division, a notice under section 129D(8) or an objection or contention under section 129G(1) as an admission. (8) The Tribunal when hearing an application shall determine which party shall bear the burden of satisfying the Tribunal that the assessment or the amended assessment should be confirmed, reduced, increased or varied (as the case requires) in accordance with what it considers is just and equitable in all the circumstances of the application. (9) When the Tribunal determines what is just and equitable under subsection (8) it will not be a relevant factor— (a) that the contributor is applying for a review of the assessment or the amended assessment; and (b) that the Authority made the assessment or the amended assessment. (10) If a contributor has applied to the Tribunal for a review of the assessment or the amended assessment, the contributor and the Authority must on the request of the other party— (a) provide a copy of every certificate or report by a medical practitioner that may be relevant to determining the liability of the contributor; and (b) permit any medical practitioner who has given a certificate or report that may be relevant to determining the liability of the contributor to give evidence in the proceedings before the Tribunal under this Division. S. 129G(11) amended by No. 50/1994 s. 62(10)(a). (11) If the Tribunal increases an assessment, the Tribunal must determine that the contributor pay to the Authority or self-insurer interest at the prescribed rate upon the whole or part of the amount by which the amount of the increased assessment exceeds the amount of the assessment. S. 129G(12) amended by No. 50/1994 s. 62(10)(a). (12) If the Tribunal reduces the assessment, the Tribunal must determine that the Authority or self-insurer pay to the contributor interest at the prescribed rate upon the whole or part of the amount by which the amount of the assessment exceeds the amount of the reduced assessment. (13) If the Authority or the Tribunal determines that a contributor is entitled to a refund, the Authority or self-insurer must make the refund within 28 days of the determination. S. 129G(14) amended by No. 50/1994 s. 62(10)(b). (14) If the Authority or self-insurer fails to comply with subsection (13), it must pay interest at the prescribed rate for the period after the period specified in subsection (13) that the default continues. (15) A court, other than the Tribunal exercising power under this Division, does not have jurisdiction to review an assessment made under this Division by way of— (a) the grant of an injunction; or (b) the grant of a prerogative or statutory writ or the making of any order of the same nature or having the same effect as, or of a similar nature or having a similar effect to, any such writ; or (c) the making of a declaratory order. S. 129G(16) amended by Nos 64/1989 s. 35(g)(i)(ii), 50/1993 s. 110(1)(e), 50/1994 s. 62(6) (as amended by No. 74/2000 s. 3(Sch. 1 item 2)), substituted by No. 52/1998 s. 311(Sch. 1 item 1.6). (16) Subsection (15) does not apply to or in relation to a referral of a question of law under section 96 of the **Victorian Civil and Administrative Tribunal Act 1998** or an appeal under section 148 of that Act. S. 129G(17) inserted by No. 107/1997 s. 11(5), substituted by No. 52/1998 s. 311(Sch. 1 item 1.6). (17) An application for leave to appeal under section 148 of the **Victorian Civil and Administrative Tribunal Act 1998** against an order of the Tribunal under this Division by a person other than the Authority or a self-insurer does not operate as a stay of the order or of the liability of a contributor to make such payment as is, or payments as are, determined to be payable. S. 129H inserted by No. 13/1988