58DDetermination of application for internal review

58D Determination of application for internal review

(1) On receiving an application made in accordance with section 58B, Safe Transport Victoria must make a fresh decision—

(a) that affirms or varies the reviewable decision; or

(b) that sets aside the reviewable decision and substitutes another decision that Safe Transport Victoria considers appropriate.

(2) Safe Transport Victoria must give a written notice (a decision notice) to the applicant setting out—

(a) the decision of Safe Transport Victoria under subsection (1) and the reasons for the decision; and

(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.

(3) Safe Transport Victoria must give a decision notice to the applicant within 20 business days after the application is made.

(4) If Safe Transport Victoria does not comply with subsection (3), Safe Transport Victoria is taken to have made a decision to affirm the reviewable decision.

Pt 6 Div. 4 (Heading and s. 58E) inserted by No. 34/2023 s. 8.

Division 4—VCAT review of Part 4A decisions

S. 58E inserted by No. 34/2023 s. 8.