42Application for review

42 Application for review

(1) A person whose application for a licence or for renewal of a licence is refused may apply to VCAT for review of a determination under section 16 to refuse the application on the ground that the determination is based on an error of fact in relation to whether a relevant person meets any of the licence disqualification criteria or renewal disqualification criteria, as the case may be.

(2) A licensee may apply to VCAT for review of a determination by the Authority under section 26 that a manager of a rooming house operated by the licensee, or that an officer of a body corporate that is the licensee, meets any of the licence disqualification criteria on the ground that the determination is based on an error of fact.

(3) An application for review may only be made within 28 days after the later of—

(a) the date on which the determination is made under section 16 or 26; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the determination made under section 16 or 26, 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.