251Review of regulator decisions by VCAT

251 Review of regulator decisions by VCAT

(1) An eligible person may apply to VCAT for review of—

(a) a decision referred to in the table in section 247(1) made by the regulator under section 250, or otherwise; or

(b) a decision under section 233(1).

(2) For the purposes of subsection (1), a person whose interests are affected by a decision under section 233(1) is an eligible person in relation to that decision.

(3) To avoid doubt, subsection (1) does not apply
to a refusal by the regulator to issue a driver accreditation or to a cancellation of a driver accreditation in the circumstances to which section 253 applies.

(4) 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 75(1)(b).

(5) 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 75(6) would apply.

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

(a) the day on which the decision of the regulator 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.

S. 252 inserted by No. 63/2017 s. 19.