250Determination of application for internal review

250 Determination of application for internal review

(1) On receiving an application made in accordance with section 248, the regulator 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 the regulator considers appropriate.

(2) The regulator must give a written notice (a decision notice) to the applicant setting out—

(a) the decision of the regulator under subsection (1) and the reasons for the decision; and

S. 250(2)(b) amended by No. 34/2023 s. 19(a).

(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; and

S. 250(2)(c) inserted by No. 34/2023 s. 19(b).

(c) the right to seek review of the regulator's decision under Division 3 of Part 12.

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

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

Division 3—VCAT review

S. 251 inserted by No. 63/2017 s. 19.