Bus Safety Act 2009 (review)

This page provides general information and shouldn't be considered as legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change.

Cases we can hear

You may be able to apply to VCAT for a review if you are a person whose interests are affected by a decision of Safe Transport Victoria in relation to bus service operators.

• refuse accreditation to an operator to operate a bus service, including a refusal made under section 25 of the Bus Safety Act 2009 
• impose a condition on the accreditation of an accredited bus operator
• not vary the accreditation following a request for variation by the accredited bus operator
• vary the accreditation of an accredited bus operator
• suspend or cancel the accreditation of an accredited bus operator, including mandatory cancellation under section 49
• disqualify the operator from applying for accreditation
• cancel or refuse to give permission under section 36 to use drivers who hold probationary driver licence holders
• refuse to grant an exemption
• grant an exemption subject to conditions or restrictions
• extend the relevant period of an application for:
  • an exemption
  • a variation of an exemption
  • a variation of conditions of or restrictions on an exemption
• refuse to vary conditions of or restrictions on an exemption
• vary the conditions of or restrictions on an exemption
• revoke or suspend an exemption.

In relation to bus drivers:

• refuse to issue driver accreditation
• impose, vary or revoke conditions on driver accreditation
• disqualify from applying for driver accreditation
• impose condition to surrender driver accreditation
• the taking of discplinary action.

A person whose application for the issue of a driver accreditation is refused, a person who is disqualified from applying for a driver accreditation, or a person whose driver accreditation is cancelled because of a category 1 offence can apply to VCAT for an order that Safe Transport Victoria issue or reinstate the driver accreditation or cancel the disqualification.

Legislation that gives VCAT the power to hear these applications

Section 58(1), 58E and 58F of the Bus Safety Act 2009

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

You must make your application within 28 days from the time:

• 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.

You may be able to apply for an extension to this time limit.

What can VCAT order?

In reviewing a mandatory accreditation refusal decision under section 27 of the Act or a mandatory cancellation decision under section 49 of the Act, VCAT may:

• consider in detail the disqualifying offence that required the Safety Director to make the decision being reviewed; and
• vary, uphold or dismiss the decision.

In other cases VCAT can:

• affirm the original decision, in which case it 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.

Apply

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

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

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

Do I need a lawyer or professional representative?

You don't need to have legal or other professional representation to appear at VCAT. If you want 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.