Accident Towing Services Act 2007 (review and original jurisdiction)

This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.

Review applications 

Cases we can hear

You may be able to apply to VCAT for a review of a VicRoads decision in relation to either industry accreditation or driver accreditation, if you are affected by a decision:

• refusing an application to grant or renew accreditation
• imposing a condition on an accreditation
• varying or revoking a condition on accreditation
• suspending or cancelling an accreditation
• disqualifying you from applying for accreditation for a period of years.

Or if you are an applicant for, or a holder of, a tow truck licence and you are affected by a VicRoads decision to:

• issue or refuse to issue a licence
• impose a condition on a licence
• vary or revoke a condition on a licence
• refuse to exempt the holder of a Melbourne licence from a requirement
• refuse to alter the specification in a licence by substituting another
• refuse to approve the transfer of a licence
• cancel or suspend a licence
• refuse to grant a temporary permit
• impose conditions on a temporary permit.

Or if you are affected by a VicRoads decision to record demerit points either by error or other than required by regulations.

Or if you have been served with an improvement notice requiring you to remedy a contravention or likely contravention.

Who can apply for orders in original jurisdiction

You may be able to apply to VCAT:

• if VicRoads has refused your application for towing operator accreditation or tow truck driver accreditation because you have been found guilty of a serious violent offence (or an interstate equivalent offence)
• if you have been disqualified from applying for such accreditation for a period not exceeding five years.

Legislation that gives VCAT the power to hear these applications

Review applications

• Sections 53, 88, 133, 172 and 177 of the Accident Towing Services Act 2007

Original jurisdiction

• Sections 87 and 132 of the Accident Towing Services Act 2007
  (mandatory refusals of accreditation)

If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.

Time limits

Review applications

You must make your application within 28 days after the later of the day on which:

• the decision was made, or
• if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.

Original jurisdiction

You should make your application within 28 days after VicRoads decision is made.

You may be able to apply for an extension to these time limits.

What can VCAT order?

Review applications

Unless the relevant Act of Parliament gives us different powers, VCAT can:

• affirm the original decision, in which case the original decision will stand
• vary the decision
• set aside the decision and substitute our own decision
• set aside the decision and remit (send back) the matter for reconsideration by the decision maker giving directions or recommendations
• invite the decision-maker to reconsider their decision at any time during the case.

Original jurisdiction

VCAT can order that:

• VicRoads accredit you
• VicRoads consider whether accreditation should be approved
• VicRoads reinstate your accreditation if appropriate
• VicRoads consider whether disciplinary action should be taken, or
• your application be dismissed.

Read more about professional representation, access and privacy and communicating with VCAT.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.