Part 11Reviews and appeals

Chapter 11—Reviews and appeals 640—Definitions for Chapter 11 public safety ground, for a reviewable decision, means the Regulator being satisfied that making the decision is necessary to prevent a significant risk to public safety; relevant appeal body means the relevant tribunal or court for the relevant jurisdiction; relevant jurisdiction, for an applicant for the review of a reviewable decision or an appellant for an appeal against a review decision, means— (a) for a reviewable decision made under Division 3 of Chapter 4 Part 5 or Division 4 of Chapter 4 Part 6, or a review decision relating to a reviewable decision made under Division 3 of Chapter 4 Part 5 or Division 4 of Chapter 4 Part 6— (i) if the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in the same participating jurisdiction—the jurisdiction in which the areas or routes are situated; or (ii) if the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in 2 or more participating jurisdictions— (A) the jurisdiction in which most of the areas or routes are situated, worked out by reference to the length of road covered by the areas or routes; or (B) if there is more than 1 jurisdiction for which subsubparagraph (A) is satisfied—any of the jurisdictions for which subsubparagraph (A) is satisfied chosen by the applicant or appellant; or (b) for another reviewable decision or review decision— (i) if the reviewable decision or review decision relates to only 1 heavy vehicle whose relevant garage address is in a participating jurisdiction—the jurisdiction in which the relevant garage address is located; or (ii) if the reviewable decision or review decision relates to 2 or more heavy vehicles whose relevant garage addresses are in the same participating jurisdiction—the jurisdiction in which the relevant garage addresses are located; or (iii) if the reviewable decision or review decision relates to 2 or more heavy vehicles whose relevant garage addresses are located in 2 or more participating jurisdictions—any of those jurisdictions chosen by the operator of the vehicles; or (iv) otherwise—the participating jurisdiction in which the applicant's or appellant's home address is located; review application means an application for review of a reviewable decision under Chapter 11 Part 2; review decision has the meaning given by section 645; reviewable decision means— (a) a decision mentioned in Schedule 3; or (b) a decision made under the national regulations prescribed as a reviewable decision for the purposes of this Chapter; reviewer means a person deciding a review of a reviewable decision under Chapter 11 Part 2. Part 2—Internal review 641—Applying for internal review (1) A dissatisfied person for a reviewable decision may apply to the Regulator for a review of the decision. (2) A review application may be made only within 28 days after— (a) the day the person is notified of the decision; or (b) if a provision of this Law requires that the person be given a statement of reasons for the decision—the day the statement is given to the person. (3) However, the Regulator may, at any time, extend the time for making a review application. (4) A review application must— (a) be written; and (c) state in detail the grounds on which the person wants the reviewable decision to be reviewed. (5) The person is entitled to receive a statement of reasons for the reviewable decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision. (6) If the person is given a decision notice, but not an information notice, for the reviewable decision— (a) the decision notice must state that, within 28 days after the notice is given to the person, the person may ask the Regulator for a statement of reasons for the decision; and (b) the person may, within 28 days after a decision notice complying with paragraph (a) is given to the person, ask the Regulator for a statement of reasons for the decision. (6A) Within 28 days after the request is made under subsection (6)(b), the Regulator must give the person a statement of reasons. (7) The making of a review application does not affect the reviewable decision, or the carrying out of the reviewable decision, unless it is stayed under section 642. decision notice, for a decision, means a notice stating— (a) the decision; or (b) the review and appeal information for the decision; dissatisfied person means— (a) for a reviewable decision of the Regulator made in relation to an application for an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the applicant; or (b) for a reviewable decision of the Regulator not to make a decision sought in an application for an amendment of an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the applicant; or (c) for a reviewable decision of the Regulator to amend, cancel or suspend an exemption, authorisation, approval or heavy vehicle accreditation under this Law—the person to whom the exemption, authorisation, approval or heavy vehicle accreditation was granted; or (d) for a reviewable decision of the Regulator not to give a replacement permit for an exemption or authorisation under this Law or not to give a replacement accreditation certificate for a heavy vehicle accreditation under this Law—the person to whom the exemption, authorisation or heavy vehicle accreditation was granted; or (e) for a reviewable decision of the Regulator that a thing or sample is forfeited to the Regulator—an owner of the thing or sample; or (f) for a reviewable decision of an authorised officer to give a person an improvement notice or prohibition notice, or to amend an improvement notice or prohibition notice given to a person—the person to whom the notice was given; or (g) for a reviewable decision of a relevant road manager for a mass or dimension authority—a person adversely affected by the decision; or (h) for a reviewable decision made under the national regulations—the person prescribed as the dissatisfied person for the decision under the national regulations. 642—Stay of reviewable decisions made by Regulator or authorised officer (1) This section applies to— (a) a reviewable decision made by the Regulator other than a decision made on the basis of a public safety ground; or (b) a reviewable decision made by an authorised officer. (2) If a person makes a review application for the reviewable decision, the person may immediately apply for a stay of the decision to the relevant appeal body. (3) The relevant appeal body may stay the reviewable decision to secure the effectiveness of the review and any later appeal to the body. (4) In setting the time for hearing the stay application, the relevant appeal body must allow at least 3 business days between the day the application is filed with it and the hearing day. (5) The Regulator is a party to the application. (6) The person must serve a copy of the application showing the time and place of the hearing, and any document filed in the relevant appeal body with the application, on the Regulator at least 2 business days before the hearing. (7) The stay— (a) may be given on conditions the relevant appeal body considers appropriate; and (b) operates for the period specified by the relevant appeal body; and (c) may be revoked or amended by the relevant appeal body. (8) The period of a stay under this section must not extend past the time when the reviewer reviews the reviewable decision and any later period the relevant appeal body allows the applicant to enable the applicant to appeal against the decision. 643—Referral of applications for review of decisions made by road managers (1) This section applies to a review application relating to a reviewable decision made by a road manager for a road. In Schedule 3, only decisions made by a road manager (for a road) that is a public authority are reviewable decisions. (2) The Regulator must refer the application to the road manager for review within 2 business days after receiving it. 644—Internal review (1) A review of a reviewable decision that was not made by the Regulator or a road manager personally must not be decided by— (a) the person who made the reviewable decision; or (b) a person who holds a less senior position than the person who made the reviewable decision. (2) The reviewer must conduct the review— (a) on the material before the person who made the reviewable decision; and (b) on the reasons for the reviewable decision; and (c) any other relevant material the reviewer allows. (3) For the review, the reviewer must give the applicant a reasonable opportunity to make written or oral representations to the reviewer. 645—Review decision (1) The reviewer must, within the prescribed period, make a decision (the review decision) to— (a) confirm the reviewable decision; or (b) amend the reviewable decision; or (c) substitute another decision for the reviewable decision. (2) If the review decision confirms the reviewable decision, for the purpose of an appeal, the reviewable decision is taken to be the review decision. (3) If the review decision amends the reviewable decision, for the purpose of an appeal, the reviewable decision as amended is taken to be the review decision. (4) If the review decision substitutes another decision for the reviewable decision, the substituted decision is taken to be the review decision. (5) If the reviewer is a road manager for a road, the reviewer must, as soon as practicable, give the Regulator notice of the review decision stating— (a) the decision; and prescribed period means— (a) for a review of a reviewable decision made by a road manager for a road— (i) 28 days after the application for the review is given to the road manager; or (ii) if the Regulator and road manager have agreed to a longer period, of not more than 3 months after the application for the review is given to the road manager, and the Regulator has given notice of the longer period to the applicant—the longer period; or (b) for a review of another reviewable decision—28 days after the application for the review is made. 646—Notice of review decision (1) The Regulator must, within the prescribed period, give the applicant notice (the review notice) of the review decision. (2) If the review decision is not the decision sought by the applicant, the review notice must state the following: (a) the reasons for the decision; (b) for a review decision relating to a reviewable decision made by a road manager for a road—that the review decision is not subject to further review or appeal under this Law; (c) for a review decision relating to another reviewable decision— (i) that the applicant may appeal against the decision under Chapter 11 Part 3; and (ii) how to appeal; (d) for a review decision relating to a reviewable decision made under Division 3 of Chapter 4 Part 5 or Division 4 of Chapter 4 Part 6 if the areas or routes for which the authorisation the subject of the reviewable decision was sought are situated in 2 or more participating jurisdictions—the jurisdiction in which most of the areas or routes are situated, worked out by reference to the length of road covered by the areas or routes. (3) If the reviewer does not make a review decision within the period required under section 645, the reviewer is taken to have made a review decision confirming the reviewable decision. prescribed period means— (a) for a review of a reviewable decision made by a road manager for a road—as soon as practicable, but not more than 7 days, after the reviewer gives the Regulator notice of the decision; or (b) for a review of another reviewable decision—as soon as practicable. Part 3—Appeals 647—Appellable decisions (1) A person may appeal to the relevant appeal body against a review decision relating to a reviewable decision made by the Regulator or an authorised officer. (2) A person may appeal against the review decision only within 28 days after— (a) if a review notice is given to the person under section 646—the notice was given to the person; or (b) if the reviewer is taken to have confirmed the decision under section 646(3)—the period mentioned in that section ends. (3) However, the relevant appeal body may extend the period for appealing. (4) The filing of an appeal does not affect the review decision, or the carrying out of the review decision, unless it is stayed under section 648. 648—Stay of review decision (1) This section applies if, under this Law, a person appeals to the relevant appeal body against a review decision relating to— (a) a reviewable decision made by the Regulator other than on the basis of a public safety ground; or (b) a reviewable decision made by an authorised officer. (2) The person may immediately apply to the relevant appeal body for a stay of the decision. (3) The relevant appeal body may stay the review decision to secure the effectiveness of the appeal. (4) In setting the time for hearing the stay application, the relevant appeal body must allow at least 3 business days between the day the application is filed with it and the hearing day. (5) The Regulator is a party to the application. (6) The person must serve a copy of the application showing the time and place of the hearing, and any document filed in the relevant appeal body with the application, on the Regulator at least 2 business days before the hearing. (7) The stay— (a) may be given on conditions the relevant appeal body considers appropriate; and (b) operates for the period specified by the relevant appeal body, but not extending past the time when it decides the appeal; and (c) may be revoked or amended by the relevant appeal body. 649—Powers of relevant appeal body on appeal (1) In deciding, under this Law, an appeal against a review decision, the relevant appeal body— (a) has the same powers as the person who made the reviewable decision to which the review decision relates; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice. (2) An appeal is by way of rehearing— (a) unaffected by the review decision; and (b) on the material before the person who made the review decision and any further evidence allowed by the relevant appeal body. (3) After hearing the appeal, the relevant appeal body must— (a) confirm the review decision; or (b) set aside the review decision and substitute another decision that it considers appropriate; or (c) set aside the review decision and return the issue to the person who made the reviewable decision to which the review decision relates with the directions that it considers appropriate. 650—Effect of decision of relevant appeal body on appeal If, under this Law, the relevant appeal body substitutes another decision for a review decision, the substituted decision is, for the relevant provision of this Law, taken to be that of the person who made the reviewable decision to which the review decision relates.