204Compensation

204 Compensation (1) A person who suffers loss as a result of a decision by the Chief Health Officer to give an authorisation to an authorised officer under this Division may apply to the Secretary for compensation if the person considers that there were insufficient grounds for the giving of that authorisation. (2) If the Secretary decides that there were insufficient grounds for the giving of an authorisation to an authorised officer under this Division, the Secretary is to pay just and reasonable compensation to the applicant. (3) The Secretary must send notice in writing of the decision under subsection (2) as to the payment of compensation under this section to each applicant for the payment of compensation. (4) The Secretary is taken to have refused to pay any compensation if the Secretary has not decided an application for compensation under this section within— (b) the period agreed to by the Secretary and the applicant for the payment of compensation under subsection (5). (5) The Secretary and the applicant for the payment of compensation may agree that the Secretary may decide the applicant's application for the payment of compensation within a period that is greater than the 28 days specified in subsection (4)(a). (6) The Secretary must inform each applicant for the payment of compensation in writing of the applicant's right to apply to VCAT for a review. (7) An applicant for the payment of compensation under this section who is dissatisfied with a decision by the Secretary as to the refusal to pay compensation or as to the amount of compensation may apply to the VCAT for a review of the decision. (8) An application for review must be made within 28 days of the latest of— (a) the day on which the decision is made; or (b) the day on which the person was notified under subsection (6) of the right to apply for a review; or (c) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Part 11—General provisions Division 1—Reviews and appeals 205 Review by a Council ***decision*** means a decision made by a Council under section 74 or 76 in respect of the issue, variation, transfer, renewal, cancellation or suspension of a registration; ***person aggrieved*** means the person who is the applicant for, or the holder of, the registration in respect of which the decision was made. (2) A person aggrieved by a decision may within 28 days of being notified of the decision apply to the Council for a review of the decision. (3) On receiving an application under subsection (2), the Council must review the decision. (4) The Council is taken to have affirmed the decision if the Council has not determined an application under this section within— (b) the period agreed to by the Council and the applicant under subsection (5). (5) The Council and the applicant may agree that the Council may determine the applicant's application within a period that is greater than the 28 days specified in subsection (4)(a). (6) The Council may— (a) make a decision affirming, varying or revoking the decision; and (b) if the Council revokes the decision, make any other decision as the Council considers appropriate under the provision under which the decision was made. (7) The Council must within the period applying under subsection (4) give the applicant for review a written statement of the decision and the reasons for the decision. (8) The Council must inform an applicant for review in writing of the applicant's right to apply to VCAT for a review under section 207.