These Regulations set the procedures and limits for review of administrative decisions made under the Taxi and Hire Vehicle Industries Act 2008 (the Act) and certain taxi- and hire-vehicle-related regulations. They establish an internal review path to the Commission (Part 2), and an external review path to the Tasmanian Civil and Administrative Tribunal (TasCAT) for applicants dissatisfied with the Commission’s finding or determination (Part 3), except where a decision is listed in Schedule 2 as non-appealable. The Regulations define who may apply for review (the “eligible person” for each decision in Schedule 1), set form and timing rules for applications, prescribe procedural protections and minimum timeframes for the Commission to determine an application, and provide limited powers for TasCAT on appeal of certain Commission findings.

Mechanically, the Regulations:

• Identify the administrative decisions that are reviewable internally by the Commission (Schedule 1), and who qualifies as an eligible person for each listed decision (reg 3; Schedule 1).
• Require the Commission to notify eligible persons after making an administrative decision and to inform them of their review rights and the fact that review does not automatically stay the decision (reg 5).
• Prescribe how to make an application for internal review (written, lodged with the Commission, contents required) with a limited discretion for the Commission to waive the written requirement (reg 6).
• Set a 28‑day statutory time limit for lodging an application for review (reg 8), allow the Commission to accept late applications where it is fair to do so (reg 8(2)), and provide that failure to comply with an information notice may result in deemed withdrawal after 28 days (regs 6(4), 7(2)).
• Provide that an application does not stay the operation of the underlying administrative decision unless the Commission stays it (reg 9), and require the Commission to observe natural justice and to ensure independence of decision-makers in reviews (reg 10(1)(a)-(b)).
• Require determinations within short statutory deadlines (10 working days, with a single 20‑working‑day extension available on notice), and provide a default rule that the Commission is taken to have affirmed the decision if it fails to determine within the prescribed period (reg 10(6)-(8)).
• Allow external review to TasCAT of an applicant’s challenge to a Commission finding or determination, except for decisions listed in Schedule 2 (reg 11), and grant TasCAT specific powers on appeals about frivolous or vexatious findings (reg 12).
• Specify effective methods for service and lodging of applications and notices, including email (reg 13).

The Regulations therefore create narrowly-specified review channels, tightly constrained timeframes and procedural steps, and limited rights of external appeal. The text explicitly cross-references relevant provisions of the Act and certain other instrument provisions (for example, the Taxi and Hire Vehicles Industry Regulations 2023), and specifies how the Commission must manage conflicts of interest and procedural fairness (reg 10). Where the Regulations give the Commission discretion (for example, to waive the written form requirement (reg 6(2)), to stay a decision (reg 9), or to accept late applications (reg 8(2))), they leave the exercise of that discretion within the Commission’s control subject to the rules of natural justice prescribed elsewhere in the instrument.

The Regulations operationalise a two-stage review architecture: internal review by the Commission and external review by TasCAT. Key concepts to understand in the instrument are “administrative decision”, “eligible person”, the list of reviewable decisions in Schedule 1, the non-appealable decisions in Schedule 2, and the timing and procedural rules that affect the lifecycle of a review application.

“Administrative decision” is defined by reference to column 2 of the tables in Schedule 1 (reg 3). Schedule 1 is essential: it lists, by reference to the Act (Part 1 of Schedule 1) and to the Taxi and Hire Vehicles Industry Regulations 2023 (Part 2 of Schedule 1), the specific Commission decisions that are subject to internal review, and it identifies in column 4 who qualifies as the “eligible person” to bring a review for each listed decision (Schedule 1). For example, the Commission’s decision to declare a perpetual taxi licence inactive under s 20(1)(b) of the Act appears in Schedule 1 (Part 1, item 2) and also in Schedule 2 as a non-appealable decision (Schedule 2, item 1). That dual placement matters procedurally: an eligible person may apply to the Commission for internal review of that decision (s 4), but cannot appeal a Commission determination to TasCAT because the same outcome is listed in Schedule 2 (reg 11; Schedule 2).

The application process is framed around a short statutory clock. An applicant must lodge an application in writing within 28 days after notice of the decision is given under regulation 5, unless the Commission exercises its discretion to accept a late application where fairness requires (reg 8). The application must identify the decision and state the applicant’s reasons (reg 6(3)). The Commission may require further information it reasonably considers necessary for a proper consideration of the application (reg 6(4)); failure to comply with such a request within 28 days results in the application being taken to have been withdrawn (reg 7(2)).

The Regulations separate the substantive review outcome and the operational effect of the original decision. An application does not stay the operation of the decision or prevent action to implement it, unless the Commission itself stays the decision pending review (reg 9). The Commission must observe rules of natural justice (reg 10(1)(a)), and must ensure that any employee engaged in the review process was not involved in the making of the original decision and is not under the direct control of someone who was (reg 10(1)(b)). The Commission may engage an independent mediator (reg 10(1)(c)) and, where matters are of general importance to a sector, may consult representatives or organisations in that sector provided doing so does not prejudice the applicant (reg 10(1)(d)).

The Regulations affect three categories of stakeholders directly: persons who are eligible to seek internal review of specific Commission administrative decisions (the “eligible persons”), the Commission as decision-maker and reviewer, and the Tasmanian Civil and Administrative Tribunal as the external reviewer for most Commission outcomes. They also affect third parties indirectly, such as industry representatives consulted under reg 10(1)(d), and persons responsible for service addresses and communications (reg 13).

Eligible persons are specified in Schedule 1 for each listed administrative decision (reg 3; Schedule 1). In practice this means:

• licence holders (owner-operator taxi licence holders, wheelchair-accessible taxi licence holders, luxury hire car licence holders, restricted hire vehicle licence holders) where the Commission has made decisions such as imposing, varying, revoking, suspending or cancelling licences or conditions (Schedule 1 Part 1, items 4-12, 14-24, 26-35, 37-44, etc.);
• licence applicants, for example where the Commission refuses an application for certain licences on the basis the applicant would not be the operator (Schedule 1 Part 1, items 3, 13, 25, 36);
• registered operators of vehicles in limited circumstances (for example, not to approve a vehicle for luxury hire car use or restricted hire vehicle approval, Schedule 1 Part 1, items 27 and 38);
• applicants for appointment as an authorised meter adjuster and authorised meter adjusters whose appointment may be suspended or cancelled under the Taxi and Hire Vehicles Industry Regulations 2023, per Schedule 1 Part 2 (items 1-2).

The Commission is required to give notice to each eligible person “as soon as practicable” after making a listed administrative decision (reg 5(1)), and to provide written reasons on request (reg 5(2)). That creates an obligation on the Commission to inform affected parties and to make available the rationale supporting a decision for those parties to exercise their review rights.

TasCAT is affected as the designated external appeal body under reg 11. Applicants who are aggrieved by a Commission finding or determination “in relation to an application made by that person” may apply to TasCAT except where the application relates to a decision in Schedule 2 (reg 11). Schedule 2 currently lists the Commission’s decision to declare a perpetual taxi licence inactive (s 20(1)(b) of the Act) as non-appealable to TasCAT (Schedule 2, item 1). That means eligible persons for that decision may pursue an internal review but cannot seek TasCAT review of the Commission’s determination.

The Regulations create a set of duties on the Commission and procedural rights for eligible applicants. These duties and rights are concise, procedural and time-bound.

Key duties of the Commission:

• Give notice to each eligible person “as soon as practicable” after making an administrative decision and include specific content in that notice: the decision, the person’s right to apply for review, the application procedure, and the effect of reg 9 (which states an application does not stay the decision unless the Commission stays it) (reg 5(1)(a)-(d)).
• Provide, on request, a written statement of reasons for the administrative decision to an eligible person (reg 5(2)).
• Accept and consider applications made in accordance with Part 2 and, in doing so, observe the rules of natural justice (reg 10(1)(a)).
• Ensure that any employee engaged in the review process was not involved in the original decision and is not under the direct control of a person who was involved in the original decision (reg 10(1)(b)(i)-(ii)).
• Consider an application and determine to affirm, vary (if variation is available and appropriate), or set aside the decision (reg 10(3)), and make a new administrative decision where one is set aside (reg 10(5)).
• Make determinations within the specific time limits: 10 working days after lodgement or 10 working days after receipt of further information requested, extendable once by 20 working days on notice (reg 10(6)-(7)). If it fails to determine in time, it is taken to have affirmed the decision (reg 10(8)).
• Give the applicant notice of determinations promptly, including reasons and, where applicable, information about further review rights and procedure (reg 10(9)-(10)).

Key rights of eligible persons:

• The right to apply to the Commission for an internal review if they are specified as the eligible person for the administrative decision in Schedule 1 (reg 4; reg 3 and Schedule 1).
• The right to receive notice of the decision and to be informed of review rights and procedures under reg 5(1).
• The right to obtain, on request, written reasons for the Commission’s administrative decision (reg 5(2)).
• The right to make an application in writing (subject to the Commission’s discretion to waive the written requirement where it is unreasonable or unnecessary, reg 6(1)-(2)). Applications must state the decision and the applicant’s reasons for review (reg 6(3)).

The Regulations do not create criminal offences or financial penalties directly within their text. They establish procedural rules, time limits and consequences for non-compliance with procedural requirements that affect the status of an application and the practical availability of remedies. Enforcement under the Regulations operates through procedural effects and administrative mechanisms rather than fines or penal sanctions.

Key enforcement and consequence mechanisms in the Regulations include:

• Deemed withdrawal for failure to comply with information requests: If an applicant fails to give the Commission information reasonably required under reg 6(4) within 28 days of being given notice, the application is taken to have been withdrawn (reg 7(2)). The consequence here is loss of the applicant’s review application without a separate sanction; there is no statutory fine or penalty, but the application ceases.

• No automatic stay of the decision: An application for review does not suspend the operation of the underlying administrative decision or prevent action to implement it unless the Commission stays the operation (reg 9). The enforcement effect is that administrative decisions can be implemented while the internal review proceeds unless the Commission intervenes to stay. This practical effect enforces administrative outcomes promptly unless the Commission exercises discretion to the contrary.

• Time-limit default affirmation: If the Commission does not make a determination within the mandatory period (10 working days after lodgement or after requested further information) and any single permitted extension (20 working days) (reg 10(6)-(7)), the Commission is taken to have made a determination that affirms the administrative decision (reg 10(8)). The enforcement effect is to create a negative incentive for delay by applicants: failure by the Commission to determine on time results in affirmation rather than a default set-aside or other remedy. That is the principal “hard” consequence embedded in the timetable.

• Commission’s finding of frivolous or vexatious applications: If the Commission finds an application is frivolous or vexatious, it must give immediate notice of that finding and may elect to take no further action on the application (reg 10(2)). The consequence is termination of the internal review, subject to the applicant’s right to appeal that finding to TasCAT (reg 12). TasCAT may affirm or set aside the finding and may remit the matter to the Commission with directions (reg 12(1)-(2)).

The Regulations are expressly tied to and operate alongside the Taxi and Hire Vehicle Industries Act 2008 (the Act) and to specific subsidiary instruments such as the Taxi and Hire Vehicles Industry Regulations 2023 and the Luxury Hire Car Industry Regulations 2018 and Restricted Hire Vehicle Industry Regulations 2013 (both referenced in Schedule 1). The Regulations do not operate in isolation; they implement review procedures for decisions taken under the Act and under named subordinate instruments. Interaction points in the text include:

• Definitions and cross-references: The Regulations define “Act” to mean the Taxi and Hire Vehicle Industries Act 2008 (reg 3). The administrative decisions listed in Schedule 1 are decisions “under the Act” (Part 1 of Schedule 1) and decisions under the Taxi and Hire Vehicles Industry Regulations 2023 (Schedule 1 Part 2). Each Schedule 1 entry points to a specific provision of the Act or a specific regulation, identifying which Commission decisions are internal-reviewable under these Regulations (Schedule 1).

• Hierarchy and review path: The internal review mechanism in Part 2 is specifically for administrative decisions under the Act and certain industry regulations as listed in Schedule 1. Where the Act provides a power to the Commission to make an administrative decision (for example, suspension or cancellation powers under s 36 of the Act for owner-operator licences), these Regulations prescribe the internal review process for those decisions. The external review path to TasCAT (reg 11) is available for applicants aggrieved by a Commission finding or determination in relation to an application made by that person, but only subject to the Schedule 2 carve-out. Schedule 2 lists non-appealable administrative decisions; it currently includes the Commission’s decision to declare a perpetual taxi licence inactive under s 20(1)(b) of the Act (Schedule 2).

• Procedural overlap with other instruments: Schedule 1 (Part 1) explicitly excludes certain decisions that are “prescribed circumstances” under other regulations (for example, suspensions or cancellations in prescribed circumstances set out in regulation 10(c) or (d) of the Taxi Industry Regulations 2018 are excluded from review under some items). The Schedule entries therefore indicate that some decisions under the Act are reviewable under these Regulations but that other, specifically-prescribed decisions may fall outside the internal review scope because they are governed by other regulatorily-prescribed processes. The only mechanism in the text is to list specific decisions and cross-reference relevant sections or regulations; it does not purport to override or alter the substantive powers in the Act.

The Regulations include a small number of recorded amendments and substitutions within the text. The instrument itself states commencement and administrative details and shows that parts of Schedule 1 were substituted and that Parts of Part 3 were amended. The amendments recorded in the Regulations are:

• Commencement: The Regulations took effect on 3 February 2020 (reg 2). They were notified in the Gazette on 11 December 2019 and are administered in the Department of State Growth (end matter).

• Schedule 1 Part 2 substitution: Part 2 of Schedule 1 (Administrative decisions under the Taxi and Hire Vehicles Industry Regulations 2023) was substituted by S.R. 2023 No. 37, applied 26 June 2023. The substitution added two items relating to authorised meter adjusters (Schedule 1 Part 2, items 1-2). The text indicates the substitution explicitly at the heading of Part 2 of Schedule 1 and cites the amending subordinate instrument.

• Regulation 11 amendment: Regulation 11 (Right of appeal) was amended by No. 7 of 2025, s. 252, applied 01 July 2025. The text marks that Reg 11 was amended with a footnote-style annotation in the published text. The current form of reg 11 now provides that a person aggrieved by a finding or determination of the Commission may apply to TasCAT for review, unless the application relates to a decision in Schedule 2 (reg 11).

• Regulation 12 amendments: Regulation 12(1) and (2) were amended by No. 7 of 2025, s. 253, applied 01 July 2025. The updated subregulations give TasCAT powers after hearing an application for review of a finding under reg 10(2) to affirm or set aside the Commission’s finding and, where set aside, to remit the matter for reconsideration by the Commission with or without directions (reg 12(1)-(2)).

• Editorial and numbering: The instrument’s headings show duplication in certain printed headings (for example “SCHEDULE 1 - Administrative de SCHEDULE 1 - Administrative decisions”), which appears to be a typographical aspect of the published version but does not change substantive content.

The Amendment history recorded in the Regulations is narrowly focused on adding items to Schedule 1 to capture new subordinate regulatory decision-types (authorised meter adjuster decisions) and on modifying the external-review provisions in regs 11 and 12 in 2025. The Regulations themselves do not include a history prior to their commencement beyond the Gazette notice, but the in-text amendment annotations permit users to see where the text has changed and the dates those changes applied. There are no other amendment entries in the printed text provided.

The Regulations as provided do not include any litigation history or references to judicial decisions. The text contains no citations of cases, no record of challenges, and no internal references to judicial or tribunal decisions that have interpreted the Regulations. The only mention of an adjudicative body is the Tasmanian Civil and Administrative Tribunal (TasCAT), which the Regulations designate as the external review forum for applicants aggrieved by Commission findings or determinations, except where the decision is listed in Schedule 2 (reg 11). Regulation 12 sets out what TasCAT may order in appeals concerning frivolous or vexatious findings.

Absent further materials, there is no litigation history recorded in the instrument provided. Users seeking case law that applies these Regulations should search TasCAT and Tasmanian Supreme Court databases for decisions interpreting:

• the scope of eligibility under Schedule 1 entries;
• the Commission’s failure to determine within the statutory period and the legal effect of reg 10(8) (affirmation by default);
• the Commission’s exercise of discretion to waive the written requirement for application (reg 6(2)), to accept late applications (reg 8(2)), to stay a decision (reg 9), or to require further information (reg 6(4));
• any procedural fairness challenges grounded in reg 10(1)(a) and the requirement that reviewers were not involved in the original decision (reg 10(1)(b));
• the limited external review created by reg 11 versus any separate statutory rights of review under the Act or other instruments.

Because the instrument itself does not record cases, this deep dive does not speculate about outcomes or judicial characterisations. The Regulations’ operative provisions create potential grounds for litigation (for example, alleged failure to observe natural justice, misapplication of the deemed-affirmation rule, or disputes about eligibility), but no such cases are cited in the text provided.

The Regulations contain several procedural features that may produce unintended practical consequences if not handled carefully. These are matters practitioners and compliance officers should watch for because the text itself makes them dispositive of rights and remedies.

1. Short and consequential timelines (reg 8 and reg 10)

• Applicants have 28 days from notice to lodge an application for internal review (reg 8(1)). The Commission must then determine the application within 10 working days after lodgement or 10 working days after receiving further information it requested (reg 10(6)), subject to a one-time extension of 20 working days on notice (reg 10(7)). If the Commission does not determine within the prescribed period, it is taken to have affirmed the administrative decision (reg 10(8)). Practically, an applicant who fails to press for timely processing, or who delays providing additional information, can see the original decision affirmed by operation of law through inaction.

2. Application does not stay the decision unless the Commission orders a stay (reg 9)

• Lodging an application does not interrupt implementation of the original decision unless the Commission stays it (reg 9). Applicants who need to prevent implementation (for example, licence suspensions taking effect) must apply separately to the Commission for a stay. The Commission controls whether the decision remains in effect during review.

3. Withdrawal for failure to comply with information requests (regs 6(4) and 7(2))

• The Commission may require further information reasonably necessary for a proper consideration of the application (reg 6(4)), and if the applicant does not comply within 28 days, the application is taken to have been withdrawn (reg 7(2)). This can terminate the review process without a formal refusal on merits.

4. Deemed affirmation bias in favour of original decision (reg 10(8))

• The default rule that a failure to decide in time equates to an affirmation of the administrative decision (reg 10(8)) may create an operational bias: delay by the Commission resolves in the original decision’s favour. Applicants and their advisers must therefore track statutory periods and follow up promptly.

5. Narrow eligibility tied to Schedule 1 (reg 3 and Schedule 1)

• Only persons explicitly listed as “eligible person” for a particular administrative decision in Schedule 1 may apply for internal review (reg 4). If a stakeholder is not listed in column 4 for the specific decision, they do not have a right to apply under these Regulations. Check Schedule 1 carefully; it lists specific licence classes and decision types.

Below is a step-by-step practical checklist that translates the Regulations’ provisions into actionable compliance steps for a person seeking review and for Commission staff managing applications. Each step notes the governing provision(s).

For applicants (eligible persons listed in Schedule 1)

1. Confirm eligibility and the relevant Schedule 1 entry (reg 3; Schedule 1)

• Before doing anything, check Schedule 1 to confirm the decision is one of the decisions listed and that you are the person identified in column 4 as the eligible person for that decision. If you are not listed, the internal review pathway under these Regulations is not available.

2. Seek written reasons from the decision-maker if you do not already have them (reg 5(2))

• The Commission must provide a written statement of reasons on request. Obtain that statement to inform your grounds of review.

3. Note the date of notice and count the 28‑day lodgement period (reg 5(1); reg 8(1))

• The 28‑day period runs from the date notice of the decision is given under reg 5. Ensure you know the effective date of notice (the Regulations require the Commission to give notice “as soon as practicable”, but you should confirm the date on which the notice was actually given).

4. Prepare the application (reg 6(1)-(3))

• The application must be in writing (reg 6(1)). Even if you intend to seek a waiver of writing under reg 6(2), lodge something in writing where possible to avoid uncertainty.
• The application “must clearly state” the administrative decision it relates to and the applicant’s reasons for seeking the review (reg 6(3)(b)(i)-(ii)). Address each reason clearly and supply referenced documents.

5. Lodge on time with the Commission (reg 6(1); reg 8(1))

• Lodge the application with the Commission within 28 days of notice. Use email or post consistent with reg 13(1). If using post, be aware reg 13(2) treats documents as lodged only when delivered in the ordinary course of post.

6. Be ready to respond to a request for further information (reg 6(4); reg 7(2))

• The Commission may require information it reasonably considers necessary. If you receive such a notice, respond within 28 days to avoid deemed withdrawal of your application (reg 7(2)).