100Review by Safe Transport Victoria

100 Review by Safe Transport Victoria

S. 100(1AA) inserted by No. 25/2025 s. 72.

(1AA) This section applies to a reviewable decision other than a decision made by the Chief Investigator, Transport Safety under section 49ZE.

(1) An eligible person—

S. 100(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).

(a) in relation to a reviewable decision made by Safe Transport Victoria—may, within 28 days after the decision was made, apply to Safe Transport Victoria for a review of the decision;

S. 100(1)(b) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).

(b) in relation to a reviewable decision other than a decision made by Safe Transport Victoria—may apply to Safe Transport Victoria for review of the decision within—

(i) 28 days after the day on which the decision first came to the eligible person's notice; or

S. 100(1)(b)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).

(ii) such longer period as Safe Transport Victoria allows.

S. 100(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(b)).

(2) Safe Transport Victoria may appoint a person to review decisions on applications under subsection (1)(a) (who must not be the person who made the decision the subject of the review).

S. 100(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).

(3) An application for a review must be in the form approved (in writing) by Safe Transport Victoria.

S. 100(4) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).

(4) If an application is made to Safe Transport Victoria in accordance with this section, Safe Transport Victoria may make a decision—

(a) to affirm or vary the reviewable decision; or

S. 100(4)(b) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).

(b) to set aside the reviewable decision and substitute another decision that Safe Transport Victoria considers appropriate.

S. 100(5) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a) (c)).

(5) An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless Safe Transport Victoria, on Safe Transport Victoria's own initiative or on the application of the applicant for review, stays the operation of the decision (not being a prohibition notice) pending the determination of the review.

S. 100(6) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(b)).

(6) Safe Transport Victoria must make a decision on an application for a stay by the end of the next business day following the day on which the application is made.