289Internal review

289 Internal review S. 289(1) amended by No. 34/2023 s. 127(Sch. 1 item 7.159(a)). (1) An eligible person in relation to a reviewable decision, may apply to Safe Transport Victoria for review of the decision within— (a) 28 days after the day on which the decision first came to the eligible person's notice; or S. 289(1)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.159(a)). (b) such longer period as Safe Transport Victoria allows. S. 289(2) amended by No. 34/2023 s. 127(Sch. 1 item 7.159(a)). (2) The application must be in the form approved (in writing) by Safe Transport Victoria. S. 289(3) amended by No. 34/2023 s. 127(Sch. 1 item 7.159(a)). (3) If an application is made to Safe Transport Victoria in accordance with this section, Safe Transport Victoria must make a decision— (a) to affirm or vary the reviewable decision; or S. 289(3)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.159(a)). (b) to set aside the reviewable decision and substitute another decision that Safe Transport Victoria considers appropriate. S. 289(4) amended by No. 34/2023 s. 127(Sch. 1 item 7.159(b)). (4) Safe Transport Victoria must give a written notice to the applicant setting out— S. 289(4)(a) amended by No. 34/2023 s. 127(Sch. 1 item 7.159(a)). (a) the decision of Safe Transport Victoria under subsection (3) 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— and must do so within 28 days after the application is made. S. 289(5) amended by No. 34/2023 s. 127(Sch. 1 item 7.159(a)). (5) If Safe Transport Victoria has not notified an applicant of a decision in accordance with subsection (4), Safe Transport Victoria is taken to have made a decision to affirm the reviewable decision. S. 289(6) amended by No. 34/2023 s. 127(Sch. 1 item 7.159 (a)(c)). (6) An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless Safe Transport Victoria, on its own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the review. S. 289(7) amended by No. 34/2023 s. 127(Sch. 1 item 7.159(b)). (7) Safe Transport Victoria must make a decision on an application for a stay within 24 hours after the making of the application. S. 289(8) amended by No. 34/2023 s. 127(Sch. 1 item 7.159(a)). (8) If Safe Transport Victoria has not made a decision in accordance with subsection (7), Safe Transport Victoria is taken to have made a decision to grant a stay. S. 289(9) amended by No. 34/2023 s. 127(Sch. 1 item 7.159 (b)(d)). (9) Safe Transport Victoria may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate.