253VCAT orders in relation to driver accreditations

253 VCAT orders in relation to driver accreditations

(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 75(2)(b) or (c);

S. 253(1)(b) amended by No. 34/2023 s. 20.

(b) a person who is disqualified from applying for a driver accreditation under section 85 after the person's application for the issue of a driver accreditation was refused on a ground set out in section 75(2)(b) or (c);

(c) a person whose driver accreditation is cancelled under section 219.

(2) The person may apply to VCAT for an order that the regulator 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 the regulator 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 75(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 passenger vehicle 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 75(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 the regulator.

Pt 13 (Headings and ss 254–267) inserted by No. 63/2017 s. 19.