77Application to Tribunal

77 Application to Tribunal S. 77(1) amended by Nos 52/1998 s. 311(Sch. 1 item 95.5(a)), 62/2014 s. 58(1). (1) A person whose interests are affected by a decision of the Commission may apply to the Tribunal for review of the decision. S. 77(1A) inserted by No. 62/2014 s. 58(2). (1A) An application under subsection (1) must be made by the later of— (a) 12 months after the person becomes aware of the decision; or (b) if the decision has been the subject of an application for a pre-issue review under the Protocols, 3 months after the Commission notifies the person in accordance with the Protocols of its decision on the application. S. 77(2) amended by No. 34/1998 s. 13(1), repealed by No. 52/1998 s. 311(Sch. 1 item 95.5(b)), new s. 77(2) inserted by No. 94/2004 s. 12(2). (2) Subsection (1) does not apply with respect to a decision of the Commission concerning the payment or non-payment of an interim benefit under section 47(3A). S. 77(2A) inserted by No. 34/1998 s. 13(2), repealed by No. 101/1998 s. 33. S. 77(3) repealed by No. 52/1998 s. 311(Sch. 1 item 95.5(b)), new s. 77(3) inserted by No. 94/2004 s. 29. (3) If any dispute arises in relation to an individual funding agreement or a proposed individual funding agreement, a party (or a proposed party) to the agreement may apply to the Tribunal for a resolution of the dispute within 3 months after the dispute arises. S. 77(4) amended by Nos 52/1998 s. 311 (Sch. 1 item 95.5(c)) (as amended by No. 101/1998 s. 22(1)(n)), 84/2000 s. 27(1). (4) The Tribunal may fix a date for the hearing of an application but must not commence any proceedings in relation to the application until— (a) notice is received under section 80 (2) that the Commission has re-affirmed the decision; or (b) the Commission is deemed by section 80(3) to have re-affirmed the decision; or (c) an application is made under section 78(5). S. 77(5) inserted by No. 62/2014 s. 58(3). ***Protocols*** means the No Fault Dispute Resolution Protocols agreed between the Commission, the Law Institute of Victoria and the Australian Lawyers Alliance on 1 March 2005 as amended from time to time.