150DDecision where protected information is involved

150D Decision where protected information is involved

(1) Without limiting any other power of VCAT conferred by or under this or any other Act, if VCAT decides that any of the evidence adduced under section 150C(3) is protected information, the provisions of that subsection continue to apply to the hearing of the proceeding to the extent that it relates to that protected information.

(2) In making a determination in a proceeding to which subsection (1) applies, VCAT must decide—

(a) what weight to give the protected information and any other evidence adduced; and

(b) whether, in all the circumstances, the licence should be granted to the applicant or reinstated (as the case may be).

(3) If VCAT decides that any of the evidence adduced under section 150C(3) forms protected information—

(a) VCAT must take all steps and precautions to prevent release of that information; and

(b) if the special counsel wishes to seek further instructions from the applicant on one or more occasions in relation to that protected information, the special counsel may do so only by submitting written questions for the approval of VCAT after hearing any submissions from the Chief Commissioner on their content.

(4) Despite section 117 of the Victorian Civil and Administrative Tribunal Act 1998, any order issued by VCAT in relation to a decision under this section must only state—

(a) whether the decision of the Chief Commissioner is upheld or overturned; and

(b) if the licence is not granted or not reinstated (as the case may be), that the applicant or each relevant person in relation to the application has failed to meet the probity requirements.

(5) For the avoidance of doubt, VCAT may publish reasons for its decision to the extent that those reasons do not relate to protected information.

S. 150E inserted by No. 61/2010 s. 23.