87Original jurisdiction of VCAT in relation to mandatory refusal or cancellation

87 Original jurisdiction of VCAT in relation to mandatory refusal or cancellation

(1) A person—

(a) whose application for accreditation under section 59 is refused on a ground set out in section 66(1)(a) or 66(1)(b); or

(b) whose accreditation is cancelled under section 79—

may apply to VCAT for an order under subsection (2).

(2) On an application under subsection (1) VCAT may—

(a) in the case of an application under subsection (1)(a)—

S. 87(2)(a)(i) amended by No. 49/2019 s. 140(Sch. 2 item 67).

(i) direct the Secretary to accredit the applicant; or

S. 87(2)(a)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 67).

(ii) refer the matter to the Secretary to consider whether the application for accreditation should be approved despite section 66(1)(a) or 66(1)(b); or

(b) in the case of an application under subsection (1)(b)—

S. 87(2)(b)(i) amended by No. 49/2019 s. 140(Sch. 2 item 67).

(i) direct the Secretary to reinstate the accreditation of the applicant; or

S. 87(2)(b)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 67).

(ii) refer the matter to the Secretary to consider whether disciplinary action should be taken against the applicant under section 80; or

(c) in any case, dismiss the application.

S. 87(3) amended by No. 49/2019 s. 140(Sch. 2 item 67).

(3) VCAT must not make an order directing the Secretary to accredit an applicant under subsection (2)(a)(i) unless VCAT is satisfied that—

(a) the issuing of accreditation is appropriate having regard to the industry accreditation objective; and

(b) the applicant is suitable to be accredited; and

(c) the applicant has complied with the application requirements under this Part.

S. 87(4) amended by No. 49/2019 s. 140(Sch. 2 item 67).

(4) VCAT must not make an order directing the Secretary to reinstate the accreditation of the applicant under subsection (2)(b)(i) unless VCAT is satisfied that—

(a) accreditation is appropriate having regard to the industry accreditation objective; and

(b) the applicant is suitable to be accredited.

(5) In making an order under subsection (2) in a matter involving an offence listed in clause 1 of Schedule 1 VCAT may have regard to—

(a) any matter referred to in section 68(4)(a) to 68(4)(i); and

(b) any other matter that VCAT considers relevant.