58FVCAT orders in relation to category 1 offenders

58F VCAT orders in relation to category 1 offenders

(1) This section applies to the following persons—

(a) a person whose application for the issue of a driver accreditation is refused on a ground set out in section 55O(2)(b) or (c);

(b) a person who is disqualified from applying for a driver accreditation under section 55V;

(c) a person whose driver accreditation is cancelled under section 55ZB.

(2) The person may apply to VCAT for an order that Safe Transport Victoria issue or reinstate the driver accreditation or cancel the disqualification (as the case requires).

(3) On an application under subsection (2), VCAT may by order direct Safe Transport Victoria to—

(a) issue a driver accreditation to the applicant; or

(b) reinstate the driver accreditation of the applicant; or

(c) make a determination cancelling the disqualification of the applicant.

(4) VCAT must not make an order under subsection (3) to issue or reinstate a driver accreditation unless—

(a) VCAT is satisfied of the matters set out in section 55O(1)(b); and

(b) the applicant has demonstrated that the issue or reinstatement is appropriate having regard to the public care objective; and

(c) VCAT is satisfied that—

(i) the making of the order would not pose an unjustifiable risk to the safety of users of commercial bus services, commercial minibus services or local bus services; and

(ii) in all the circumstances, it is in the public interest to make the order.

(5) For the purposes of subsection (4)(c)(i), VCAT must have regard to the matters set out in section 55O(6).

(6) If VCAT refuses to make an order applied for under subsection (2), VCAT may by order disqualify the person from applying for a driver accreditation for a period not exceeding 5 years.

(7) A period of disqualification under an order under subsection (6) may be in substitution of a period of disqualification imposed by Safe Transport Victoria.