Accident Towing Services Act 2007
132Original jurisdiction of VCAT in relation to mandatory refusal
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132 Original jurisdiction of VCAT in relation to mandatory refusal
(1) A person—
(a) whose application for accreditation under section 101 is refused on a ground set out in section 107(1)(b) or 107(1)(c); or
(b) whose accreditation is cancelled under section 122—
may apply to VCAT for an order under subsection (2).
(2) On an application under subsection (1) VCAT may—
(a) in the case of an application under subsection (1)(a)—
S. 132(2)(a)(i) amended by No. 49/2019 s. 140(Sch. 2 item 112).
(i) direct the Secretary to accredit the applicant; or
S. 132(2)(a)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 112).
(ii) refer the matter to the Secretary to consider whether the application for accreditation should be approved despite section 107(1)(b) or 107(1)(c); or
(b) in the case of an application under subsection (1)(b)—
S. 132(2)(b)(i) amended by No. 49/2019 s. 140(Sch. 2 item 112).
(i) direct the Secretary to reinstate the accreditation of the applicant; or
S. 132(2)(b)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 112).
(ii) refer the matter to the Secretary to consider whether disciplinary action should be taken against the applicant under section 124; or
(c) in any case, dismiss the application.
S. 132(3) amended by No. 49/2019 s. 140(Sch. 2 item 112).
(3) VCAT must not make an order directing the Secretary to accredit an applicant under subsection (2)(a)(i) unless VCAT is satisfied that—
(a) the issuing of accreditation is appropriate having regard to the driver accreditation objective; and
(b) the applicant is technically competent and sufficiently fit and healthy to be able to provide the service to which the accreditation relates; and
(c) the applicant has complied with the application requirements under this Part.
S. 132(4) amended by No. 49/2019 s. 140(Sch. 2 item 112).
(4) VCAT must not make an order directing the Secretary to reinstate the accreditation of the applicant under subsection (2)(b)(i) unless VCAT is satisfied that—
(a) accreditation is appropriate having regard to the driver accreditation objective; and
(b) the applicant is technically competent and sufficiently fit and healthy to be able to provide the service to which the accreditation relates.
(5) In making an order under subsection (2) in a matter involving an offence listed in clause 1 of Schedule 2 VCAT may have regard to—
(a) any matter referred to in section 109(3)(a) to 109(3)(i); and