172Review by VCAT

172 Review by VCAT

S. 172(1) amended by No. 49/2019 s. 140(Sch. 2 item 138).

(1) A person may apply to VCAT for review of the decision by the Secretary to record accident towing demerit points in the Accident Towing Demerits Register against that person on the ground—

S. 172(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 138).

(a) that the Secretary recorded accident towing demerit points other than as required by regulations made under this Act; or

(b) that an error has been made in the addition of the number of accident towing demerit points incurred by the person in a relevant period.

(2) The operation of a suspension of accreditation under section 167 is stayed on the lodging of an application for review until—

(a) the date on which the application is determined; or

(b) if the application is withdrawn, the date on which VCAT gives leave to the applicant to withdraw the application.

Section 74 of the Victorian Civil and Administrative Tribunal Act 1998 specifies the procedure involved in withdrawing an application to VCAT.

(3) If VCAT is satisfied that the recording of the accident towing demerit points was made in accordance with this Act and regulations made under this Act, VCAT must confirm the decision to record those points.

(4) On an application under subsection (1), VCAT may by order—

S. 172(4)(a) amended by No. 49/2019 s. 140(Sch. 2 item 138).

(a) direct the Secretary to record the accident towing demerit points as required by regulations made under this Act; or

S. 172(4)(b) amended by No. 49/2019 s. 140(Sch. 2 item 138).

(b) direct the Secretary to correct an error made in the addition of the number of accident towing demerit points incurred by the applicant in a relevant period; or

(c) in dismissing the application, if accreditation has been suspended as a result of the incurring of accident towing demerit points, order that the suspension of accreditation takes effect from a date specified in the order.

(5) An application for review under subsection (1) must be made within 28 days after the later of—

S. 172(5)(a) amended by No. 49/2019 s. 140(Sch. 2 item 138).

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

S. 172(6) amended by No. 49/2019 s. 140(Sch. 2 item 138).