Victorian Numbered Regulations

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PUBLIC ADMINISTRATION (REVIEW OF ACTIONS) REGULATIONS 2015 (SR NO 160 OF 2015) - REG 10

Conduct of reviews by the Victorian Public Sector Commission

    (1)     The Commission may appoint a person or body to conduct a review on behalf of the Commission.

    (2)     A person or body appointed under subregulation (1) must be unconnected with the action, the initial review or any investigation concerning the action commenced prior to that person or body being appointed.

    (3)     For the purposes of a review, the Commission may—

        (a)     require the appropriate public service body Head to provide the Commission with information or documents; and

        (b)     interview any employee in the public service body.

    (4)     A review must be conducted—

        (a)     as quickly, and with as little formality, as a proper consideration of the matter allows; and

        (b)     in accordance with the rules of natural justice.

    (5)     An applicant or any other party to a review must not be accompanied by a legal practitioner, unless the person conducting the review considers that the applicant or other party would be at a significant disadvantage in the absence of a legal practitioner.

    (6)     The Commission may refuse to conduct a review if the Commission considers that—

        (a)     the matter is frivolous, vexatious or lacking in substance; or

        (b)     the applicant does not have sufficient personal interest; or

        (c)     the matter is the subject of a proceeding in any court or tribunal initiated by the applicant, including a proceeding initiated under Division 2 of Part 8 of the Equal Opportunity Act 2010 ; or

        (d)         the matter could more appropriately be the subject of a proceeding in any court or tribunal, including a proceeding under Division 2 of Part 8 of the Equal Opportunity Act 2010 .

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