VICIn ForceAct
Occupational Health and Safety Act 2004
129Review by the Tribunal
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129 Review by the Tribunal
(1) A person may apply to the Tribunal for review of—
(a) a reviewable decision made by the Authority; or
(b) a decision made, or taken to have been made, by the Authority under section 128 in respect of a reviewable decision (including a decision concerning a stay of the operation of the reviewable decision)—
if the person is an eligible person in relation to the reviewable decision.
(2) The application must be made—
(a) if the decision is to forfeit a thing (including a document) seized under Part 9, within 28 days after the day on which the decision first came to the applicant's notice; or
(b) in the case of any other decision, within 14 days after the day on which the decision first came to the applicant's notice; or
(c) if the Authority is required by the **Victorian Civil and Administrative Tribunal Act 1998** to give the applicant a statement of reasons, within 14 days after the day on which the applicant is given the statement—
whichever period ends last.
Part 11—Legal proceedings
Division 1—General matters
130 Proceedings may be brought by the Authority or inspectors
S. 130(1) amended by No. 48/2017 s. 20.
(1) Proceedings for an offence against this Act or the regulations may be brought only by—
(a) the Authority; or
(b) an inspector with the written authorisation of the Authority (either generally or in a particular case).
S. 130(2) amended by No. 68/2009 s. 97(Sch. item 90.25).
(2) An authorisation under subsection (1)(b) is sufficient authority to continue proceedings in any case where the court amends the charge-sheet, warrant or summons.
(3) An inspector who brings proceedings may conduct the proceedings before the court.
S. 130(4) amended by No. 48/2017 s. 20.
(4) The Authority must issue, and publish in the Government Gazette, general guidelines for or with respect to the prosecution of offences under this Act or the regulations.
S. 130(5) amended by No. 48/2017 s. 20.
(5) Nothing in this section affects the ability of the Director of Public Prosecutions to bring proceedings for an indictable offence against this Act or the regulations.