Section 65AB - Report to Parliament by Minister
Extract of legislation
| 65AB | Report to Parliament by Minister | ||
| (1) | This section applies if an agency or a Minister who was a party to a proceeding before the Tribunal under this Act seeks leave under section 148 of the Victorian Civil and Administrative Tribunal Act 1998 to appeal on a question of law from an order of the Tribunal in the proceeding. | ||
| (2) | The Minister who is seeking leave to appeal or the responsible Minister in respect of the agency seeking leave to appeal must cause a brief statement of the reason or reasons for seeking leave to appeal— | ||
| (a) | to be published in the Government Gazette within 10 days after the day on which the summons for leave to appeal is filed with the court; and | ||
| (b) | to be laid before each House of Parliament on or before the 7th sitting day of that House after the day on which the summons for leave to appeal is filed with the court. | ||
| (3) | An agency that decides to seek leave to appeal must notify the responsible Minister of that decision as soon as practicable after it is made but not later than the day that the summons for leave to appeal is filed with the court. | ||
| (4) | The notice under subsection (3) must be in writing and must set out a brief statement of the reason or reasons for seeking leave to appeal. | ||
An agency or Minister who was a party to a proceeding before the Victorian Civil and Administrative Tribunal (VCAT) under the Act may seek leave to appeal a VCAT order on a question of law.6
If an agency decides it wants to seek leave to appeal, it must notify the responsible Minister as soon as practicable but no later than the day that the summons for leave to appeal is filed with the court.7
If an agency or Minister does seek leave to appeal, either the Minister (in the case of a Minister) or the responsible Minister (in the case of an agency) must prepare a brief written statement of reasons explaining why they want to appeal the order.8
This statement of reasons must be published in the Government Gazette within 10 days after the day on which the summons for leave to appeal is filed with the court.9 It must also be laid before each House of Parliament on or before the seventh sitting day of that House, after the day on which the summons for leave to appeal is filed with the court.10
- Under section 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic).
- Freedom of Information Act 1982 (Vic), section 65AB(3).
- Freedom of Information Act 1982 (Vic), section 65AB(2) and section 65AB(4).
- Freedom of Information Act 1982 (Vic), section 65AB(2)(a).
- Freedom of Information Act 1982 (Vic), section 65AB(2)(b).
- Under section 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic).
- Freedom of Information Act 1982 (Vic), section 65AB(3).
- Freedom of Information Act 1982 (Vic), section 65AB(2) and section 65AB(4).
- Freedom of Information Act 1982 (Vic), section 65AB(2)(a).
- Freedom of Information Act 1982 (Vic), section 65AB(2)(b).
