(3) If any dispute arises in relation to an individual S. 77(3) funding agreement or a proposed individual repealed by No. 52/1998 funding agreement, a party (or a proposed party) s. 311(Sch. 1 to the agreement may apply to the Tribunal for a item 95.5(b)), new s. 77(3) resolution of the dispute within 3 months after the inserted by dispute arises. No. 94/2004 s. 29. (4) The Tribunal may fix a date for the hearing of an S. 77(4) amended by application but must not commence any Nos 52/1998 proceedings in relation to the application until— s. 311 (Sch. 1 item 95.5(c)) (as (a) notice is received under section 80 (2) that amended by the Commission has re-affirmed the No. 101/1998 s. 22(1)(n)), decision; or 84/2000 s. 27(1). (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). (5) In this section— S. 77(5) inserted by No. 62/2014 means the No Fault Dispute Resolution Protocols s. 58(3). 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. 78 Commission to reconsider decision (1) The Commission must, within 28 days after S. 78(1) amended by receiving a copy of an application under No. 84/2000 section 77 for review of a decision of the s. 27(2). Commission, reconsider the decision or give the applicant a notice under subsection (2). (2) For the purposes of reconsidering a decision, the S. 78(2) amended by Commission may, by notice given to the No. 32/1988 applicant, require the applicant to give further and s. 19(1). better particulars about the reasons for the application to the Tribunal and such further information relating to the claim as the Commission requires.
S. 77(3) repealed by No. 52/1998 s. 311(Sch. 1 item 95.5(b)), new s. 77(3) inserted by No. 94/2004 s. 29.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). (5) In this section— 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. 78 Commission to reconsider decision S. 78(1) amended by No. 84/2000 s. 27(2). (1) The Commission must, within 28 days after receiving a copy of an application under section 77 for review of a decision of the Commission, reconsider the decision or give the applicant a notice under subsection (2). S. 78(2) amended by No. 32/1988 s. 19(1). (2) For the purposes of reconsidering a decision, the Commission may, by notice given to the applicant, require the applicant to give further and better particulars about the reasons for the application to the Tribunal and such further information relating to the claim as the Commission requires.
86-111a150.docx