Road Safety (Vehicles) Regulations 2021 (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.

Except where there is a right of appeal to the Magistrates’ Court, VCAT can review certain decisions made by the Secretary to the Department of Transport on internal review under the Road Safety (Vehicles) Regulations 2021 about:

• authorisations of vehicle inspectors
• registration of a vehicle 
• fair market value of registration number rights
• non-issuing of an unregistered vehicle permit
• revocation of the approval of a vehicle club
• refusal of an application for a club permit
• suspension or cancellation of a club permit

VCAT can also review certain decisions made by the Secretary to issue a notice prohibiting a person from examining and testing vehicles or assisting in examining and testing vehicles.

Cases we can hear

You may be able to apply to VCAT for a review of the Secretary’s decision if:

• you are a person whose interests are affected by a decision of the Secretary on an internal review under regulation 138 (unless you have a right of appeal to the Magistrates’ Court)
• you are a person who has been given a notice prohibiting you from examining and testing vehicles, or assisting in examining and testing vehicles.

Before applying to VCAT you must check if you have the right of appeal to the Magistrates’ Court. If you do, you cannot apply to VCAT and must make your application to the Magistrates' Court. There are time limits for both.

Cases we cannot hear

You cannot apply to VCAT if you have a right to appeal to the Magistrates’ Court under the following sections:

• section 12 about the Secretary’s decision to refuse, cancel or suspend registration of a motor vehicle or trailer
• section 15A about the Secretary’s decision to suspend or cancel vehicle tester authorisations
• section 16E about the Secretary’s decision to refuse to enter or remove, amend or refuse to amend an entry on the register of written-off vehicles. 

You cannot apply to VCAT for review if the decision is one referred to in:

• regulation 135(1)(k) about a decision of the Secretary to cancel a general identification mark
• regulation 135(1)(l) about a decision of the Secretary to vary a condition of the approval of a vehicle club
• regulation 135(1)(o) about a decision of the Secretary to impose, vary or remove an operating condition on a club permit
• regulation 135(1)(q) about a decision of the Secretary that certain conditions do not apply in relation to an application for registration or renewal of registration of a vehicle
• regulation 135(1)(r) about a decision of the Secretary to vary any condition, limitation or restriction on a tester’s license. 

Legislation that gives VCAT the power to hear these applications

• Review a decision made on an internal review: Regulation 143 of the Road Safety (Vehicles) Regulations 2021
• Review a decision to give a prohibition notice: Regulation 245(5) of the Road Safety (Vehicles) Regulations 2021

Time limits

Application for review of a decision on an internal review

If you are applying for a review of a decision of the Secretary on an internal review under regulation 135:

You should make your application to VCAT within 28 days of the later of these events:

• the day on which the Secretary’s decision is made
• the day on which you are informed by the Secretary of your right to an external review; or
• if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act 1998, the day on which you are given the statement or informed that a statement of reasons will not be given.

Application for review of a decision to give a prohibition notice

You must apply within 28 days of receiving the prohibition notice.

What can VCAT order?

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 .

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.