Road Safety Act 1986 (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.

VCAT can review certain decisions made by the Secretary of the Department of Transport under the Road Safety Act 1986.

Cases we can hear

A person or body whose interests have been affected by certain decisions by the Secretary can apply.

Alcohol Interlock Devices and Approved Suppliers

VCAT can review decisions by the Secretary about the approval of a type of alcohol interlock or an alcohol interlock supplier.

You can apply for a VCAT review of the Secretary's decision to:

• refuse to give an approval of a type of alcohol interlock or an alcohol interlock supplier
• cancel, vary or suspend an existing approval of a type of alcohol interlock or an alcohol interlock supplier.

Behaviour Change and Safe Driving Programs

You can apply for a VCAT review of the Secretary's decision to cancel or suspend an approval to provide a behaviour change program or safe driving program.

Legislation that gives VCAT the power to hear these applications

Sections 50AAJ, 58M and 84BS of the Road Safety Act 1986.

Documents you need to apply

Attach a decision letter from the Secretary of the Department of Transport to your application.

Time limits

You can apply within 28 days of receiving a statement of reasons or are notified you will not receive a statement of reasons. Otherwise, refer to the following time limits.

Alcohol Interlock Devices and Approved Suppliers

You must apply for a VCAT review within 28 days of the later of these events:

• the decision being made
• notice of the decision being published in both the Government Gazette and a newspaper (if they are published on different dates, refer to the later publication date)
• the notice being given or sent to you.

Behaviour Change and Safe Driving Programs

You must apply within 28 days of the decision.

If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.

VCAT will ask the decision maker if they agree to any extension. If the decision maker doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.

Putting the original decision on hold

In most cases, applying for a review doesn't put the original decision on hold and that decision stands until VCAT makes its decision.

If you want the original decision put on hold, you must ask for this by indicating you want a ‘stay’ on the application form and briefly explaining why you're seeking a stay.

It may not be possible to put the decision on hold if it has no practical effect. For example, a stay on a decision not to grant approval.

VCAT will ask the decision-maker if they agree to any stay. If the decision-maker doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.

What can VCAT order?

Unless the Act gives VCAT different powers, we 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 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 cannot 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.