58EReview of Safe Transport Victoria decisions by VCAT

58E Review of Safe Transport Victoria decisions by VCAT

(1) An eligible person may apply to VCAT for review of a decision referred to in the Table in section 58A(1) made by Safe Transport Victoria under section 58D, or otherwise.

(2) To avoid doubt, subsection (1) does not apply to a refusal by Safe Transport Victoria to issue a driver accreditation or to a cancellation of a driver accreditation in the circumstances to which section 58F applies.

(3) VCAT must not make a decision under this section that would give rise to the issue of a driver accreditation unless VCAT is satisfied of the matters set out in section 55O(1)(b).

(4) In making a decision under this section on a matter involving a disqualifying offence, VCAT may have regard to any matter to which a consideration in section 55O(6) would apply.

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

(a) the day on which the decision of Safe Transport Victoria was made; or

(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.

Pt 6 Div. 5 (Heading and s. 58F) inserted by No. 34/2023 s. 8.

Division 5—VCAT orders in relation to category 1 offenders

S. 58F inserted by No. 34/2023 s. 8.