171Ongoing review by VCAT

171 Ongoing review by VCAT

(1) Despite its repeal by the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, Part 4.3 as in force immediately before the commencement day continues to apply (as modified by subsection (4)) in respect of an application made to VCAT—

(a) under Part 4.3 that was not determined before the commencement day; or

(b) under subsection (2).

(2) Subject to subsection (3), despite the repeal of Part 4.3 by the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, on or after the commencement day a person may apply to VCAT under Part 4.3 as in force immediately before that commencement (as modified by subsection (4)) if the person—

(a) received a notice under section 69(1) or 91(2) before the commencement day that the person had been given a WWC exclusion; and

(b) had not applied to VCAT before the commencement day.

(3) A person must make an application under subsection (2) within 28 days after the later of—

(a) receiving the notice under section 69(1) or 91(2); or

(b) if the person requests a statement of reasons for the decision under the Victorian Civil and Administrative Tribunal Act 1998, 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.

(4) For the purposes of this section, Part 4.3 continues to apply as if a reference to "Secretary" in sections 106(6), (8) and (9), 107(1), 108 and 109 is taken to be a reference to "Regulator".

S. 172 inserted by No. 58/2025 s. 128.