Vehicle and Traffic (Review of Decisions) Regulations 2000 (TAS)

Vehicle and Traffic (Review of Decisions) Regulations 2000

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Vehicle and Traffic Act 1999 .7 August 2000

W. J. E. COX

Lieutenant-Governor

By His Excellency’s Command,

P. A. LENNON

Minister for Infrastructure, Energy and Resources

PART 1Preliminary1Short titleThese regulations may be cited as the Vehicle and Traffic (Review of Decisions) Regulations 2000 . 2CommencementThese regulations take effect on the day on which the Vehicle and Traffic Act 1999 commences. 3InterpretationIn these regulations – administrative decision means a decision specified in column 2 of a table in Schedule 1 ; applicant means a person who makes an application; application means an application under Part 2 for the review of an administrative decision; decision-making authority, in relation to an administrative decision, means whichever of the following authorities made the decision: (a) the Registrar; (b) the Commission; notice means notice in writing; reviewing authority, in relation to an application, means whichever of the following authorities is required by regulation 6(1) to consider the application: (a) the Secretary of the Department; (b) the Commission. PART 2Internal review of decisions4Right of reviewA person who is aggrieved by an administrative decision may apply to have it reviewed if the person is specified in column 4 of the relevant table in Schedule 1 as an eligible person in relation to the decision. 5Notice of decisions (1)  As soon as practicable after making an administrative decision, the decision-making authority must give each person who is eligible to apply for a review of the decision notice of – (a) the decision; and (b) the person’s right to apply for a review of the decision; and (c) the application procedure and the name of the reviewing authority; and (d) the effect of regulation 8 . (2)  A person who is eligible to apply for a review of an administrative decision is entitled, on request, to receive from the decision-making authority a written statement of the reasons for the decision. 6Applications for review (1)  An application is to be made in writing and lodged with – (a) the Secretary of the Department in the case of an administrative decision specified in column 2 of the table in Part 1 of Schedule 1 ; or (b) the Commission in the case of an administrative decision specified in column 2 of the table in Part 2 of Schedule 1 . (2)  An application made to the incorrect reviewing authority is not invalidated by that error and in any such case the application is to be passed to the correct reviewing authority as soon as practicable. (3)  An application need not be in a particular form but it must clearly identify the administrative decision and state the applicant’s reasons for seeking the review. (4)  Notwithstanding subregulation (1) , a reviewing authority may waive the requirement for an application to be made in writing if it is satisfied in the circumstances of a particular case that it is an unreasonable or unnecessary requirement. (5)  A waiver under subregulation (4) is incapable of being retracted. (6)  A reviewing authority may, by notice, require an applicant to give it any information or evidence that the reviewing authority reasonably considers is necessary for a proper consideration of the applicant’s application. (7)  An application may be withdrawn at any time. (8)  An application is taken to have been withdrawn if the applicant fails to comply with a notice under subregulation (6) within 2 months after being given the notice. 7Time within which applications to be made (1)  An application is to be lodged with the reviewing authority within 28 days after notice is given to the applicant under regulation 5 . (2)  A reviewing authority may consider a late application if satisfied that it would be fair to do so. 8Effect of applicationsAn application does not set aside the administrative decision to which it relates or stay the operation of the decision. 9Consideration of applications (1)  A reviewing authority must consider each application that is made to it and, in so doing – (a) must observe the rules of natural justice; and (b) must ensure that any employee or agent engaged in the review process – (i) was not involved in making the administrative decision under review; and (ii) is not under the direct control of a person who was involved in making the administrative decision under review; and (c) may engage an independent mediator to assist in the review process; and (d) may, if the administrative decision under review relates to matters that are of general importance to a sector of the transport industry and it is possible to do so without prejudice to the applicant, consult with any representatives of, or organisations in, that industry sector. (2)  If a reviewing authority finds that an application is frivolous or vexatious it must give the applicant immediate notice of that finding but is not required to take any further action. (3)  In any other case, the reviewing authority must make a determination to – (a) affirm the administrative decision; or (b) vary the administrative decision (if it is capable of variation); or (c) set aside the administrative decision. (4)  If subregulation (3)(b) applies, the administrative decision as varied forms part of the determination for the purposes of these regulations. (5)  If subregulation (3)(c) applies – (a) the reviewing authority must make a new administrative decision in place of the decision that has been set aside; and (b) the new administrative decision forms part of the determination for the purposes of these regulations. (6)  A determination under this regulation is to be made within – (a) 14 days after the application is lodged; or (b) if within that period the reviewing authority gives the applicant notice in accordance with regulation 6(6) that further information or evidence is required, 14 days after the reviewing authority is given the further information or evidence. (7)  A 14 day period for making a determination may, on the reviewing authority giving notice to the applicant within that period, be extended once by a further period not exceeding 28 days. (8)  If a determination is not made within the period provided by subregulation (6) or, if applicable, the further period provided by subregulation (7) , the reviewing authority is taken to have made a determination to affirm the administrative decision to which the application relates. (9)  The reviewing authority must give an applicant notice of a determination as soon as practicable after it has been made or, in a case to which subregulation (8) applies, taken to have been made. (10)  A notice under subregulation (2) or (9) is to – (a) give reasons for the finding or determination; and (b) if applicable, inform the applicant of the applicant’s right of appeal and the procedure for instituting an appeal. PART 3External review of decisions10Right of appeal (1)  A person who is aggrieved by a finding or determination of the reviewing authority in relation to an application made by that person may appeal to a magistrate if the application related to – (a) an administrative decision specified in the table in Part 1 of Schedule 1 ; or (b) the administrative decision specified in item 6 in the table in Part 2 of Schedule 1 . (2)  A magistrate to whom an appeal is made under subregulation (1) has power to hear and determine the appeal. (3)  An appeal under this Part is to be by way of a rehearing. 11Appeals procedure (1)  A person’s appeal is to be instituted by a notice of appeal lodged with a district registrar of the Magistrates Court (Civil Division) within 28 days after notice of the finding or determination is given to the person under regulation 9(2) or (9) . (2)  A notice of appeal lodged after that 28 day period is invalid. (3)  The notice of appeal is to specify the parties to the appeal, the relevant finding or determination and any grounds of appeal. (4)  On lodgment of the notice of appeal, the district registrar must – (a) cause a copy of the notice to be given to the reviewing authority; and (b) give the parties to the appeal notice of the time and place at which the appeal is to be heard. (5)  The magistrate hearing an appeal or a party to an appeal may summon a person to appear and give evidence at the hearing of the appeal by serving that person with a summons. (6)  The magistrate hearing an appeal – (a) may adjourn the hearing from time to time or from place to place as the magistrate considers appropriate; and (b) may inform himself or herself on any relevant matter in such manner as he or she considers appropriate; and (c) must proceed without undue formality and is not bound by the rules of evidence; and (d) must observe the rules of natural justice; and (e) may order that the hearing or any part of it be held in private if the magistrate considers that it is appropriate to do so to protect personal or commercial confidentiality or on other reasonable grounds. (7)  A decision-making authority or reviewing authority must, if directed to do so by the magistrate hearing an appeal, give the magistrate a statement of the reasons for making a decision, finding or determination. (8)  A party to an appeal must, if directed to do so by the magistrate hearing the appeal, give the magistrate any document or information in the possession or under the control of that party. (9)  A party to an appeal may be represented at the hearing by a legal practitioner or any other person. (10)  A magistrate who has heard an appeal must cause a copy of his or her orders and any associated directions to be given to the parties to the appeal without undue delay. 12Orders on appeal (1)  After hearing an appeal against a finding under regulation 9(2) , a magistrate may, by order – (a) affirm the finding; or (b) set aside the finding. (2)  If subregulation (1)(b) applies, the magistrate may, by order and with or without other directions, direct the decision-making authority to make a new administrative decision in place of the administrative decision to which the appeal relates. (3)  After hearing an appeal against a determination under regulation 9(3) , a magistrate may, by order – (a) affirm the determination; or (b) vary the determination (if it is capable of variation); or (c) set aside the determination. (4)  If subregulation (3)(c) applies, the magistrate may, by order – (a) make a new determination in place of the determination set aside; or (b) direct the decision-making authority, with or without any other directions, to make a new administrative decision in place of the administrative decision to which the appeal relates. (5)  A magistrate hearing an appeal may make any additional orders that the magistrate thinks just. 13Costs of appeal (1)  In this regulation, party includes the Crown. (2)  After hearing an appeal under this Part, a magistrate may make such order as to costs as the magistrate thinks just. (3)  Costs so awarded may be recovered as a debt due to the party to whom they are awarded. 14Magistrate’s orders finalThe orders of a magistrate on an appeal under this Part are final. 15Compliance with ordersA decision-making authority or reviewing authority must comply with an order or direction of a magistrate made or given under this Part. PART 4Miscellaneous16Service of documents (1)  For the purposes of these regulations, an application, notice or other document may be lodged with or given to a person by – (a) in the case of an individual – (i) handing it to the person; or (ii) leaving it at, or sending it by post to, the person’s postal or residential address or place or address of business or employment last known to the person seeking to lodge or give the document; or (iii) sending it by way of facsimile transmission to the person’s facsimile number; or (iv) sending it by way of electronic mail to the person’s electronic mail address; and (b) in the case of a reviewing authority or any other person – (i) leaving it at, or sending it by post to, the person’s principal or registered office or one of the person’s places of business; or (ii) sending it by way of facsimile transmission to the person’s facsimile number; or (iii) sending it by way of electronic mail to the person’s electronic mail address. (2)  A document sent by post is not taken to have been lodged or given until the time when it would have been delivered in the ordinary course of post. (3)  For the purposes of subregulation (1)(b)(i) , a police station or Service Tasmania shop is not taken to be an office, or place of business, of a reviewing authority. 17Savings and transitional (1)  In this regulation – commencement day means the day on which these regulations take effect; superseded regulations means the Traffic (Review of Decisions) Regulations 2000 . (2)  An application made to the Commission before the commencement day under the superseded regulations may continue to be considered, dealt with and determined in all respects and may, if applicable, be the subject of appeal in all respects as if – (a) the application had been made under these regulations; and (b) these regulations had taken effect on the same day as the superseded regulations. (3)  Any appeal made to a magistrate before the commencement day under the superseded regulations may continue to be heard, dealt with and determined, and orders as to costs made, in all respects as if – (a) the appeal had been made under these regulations; and (b) these regulations had taken effect on the same day as the superseded regulations. Schedule 1Administrative decisions and eligible persons

Regulations 3 , 4 , 6 and 10

PART 1Administrative decisions under Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000

Column 1	Column 2	Column 3	Column 4
Item	Decision	Relevant provision of Regulations	Eligible person
1.	A decision of the Registrar to refuse an application for the issue or renewal of a driver licence	Regulations 14(1), (8) and (9), Regulation 24(1)	The person whose application has been refused
2.	A decision of the Registrar about a licence condition	Regulations 16(1) and (8)	The holder of the licence
3.	A decision of the Registrar to refuse an application for the issue or renewal of an ancillary certificate	Regulations 14(1), (8) and (9)(as applied by Regulation 32(2)), Regulation 24(1)(as applied by Regulation 32(2))	The person whose application has been refused
4.	A decision of the Registrar about a condition of an ancillary certificate	Regulations 16(1) and (8) (as applied by Regulation 32(2) )	The holder of the certificate
5.	A decision of the Registrar that a person is no longer exempt from the requirement to hold a driver licence	Regulation 31(3)	The person whose entitlement to the exemption has ceased
6.	A decision of the Registrar to vary, suspend or cancel a driver licence	Regulation 25(1)	The person whose licence has been varied, suspended or cancelled
7.	A decision of the Registrar to vary, suspend or cancel an ancillary certificate	Regulation 25(1) (as applied by Regulation 32(2)) Regulation 36(3)	The person whose certificate has been varied, suspended or cancelled
8.	A decision of the Registrar to refuse to issue a certificate of roadworthiness	Regulation 39(4)(a)	The person who has been refused the certificate
9.	A decision of the Registrar to cancel a certificate of roadworthiness	Regulation 39(4)(c)	The registered operator of the (unroadworthy) motor vehicle
10.	A decision of the Registrar to refuse an application for registration, or renewal of registration, of a motor vehicle or a trailer	Regulations 49(1) and (2) , Regulations 60(1) and (2)	The person whose application has been refused
11.	A decision of the Registrar about a condition of registration of a motor vehicle or a trailer	Regulations 51(1) and (4)	The registered operator of the motor vehicle or trailer
12.	A decision of the Registrar to refuse an application for the transfer of registration of a motor vehicle or a trailer	Regulations 61(7) , (9) and (10)	The person whose application has been refused
13.	A decision of the Registrar to suspend or cancel the registration of a registered motor vehicle or trailer	Regulation 64(1)	The registered operator of the motor vehicle or trailer
14.	A decision of the Registrar to refuse an application for a trade plate	Regulation 74(1)	The person whose application has been refused
15.	A decision of the Registrar to cancel a trade plate	Regulation 74(10)	The person whose trade plate has been cancelled
16.	A decision of the Registrar to refuse an application for a short term unregistered vehicle permit for a motor vehicle or a trailer	Regulation 75(1)	The person whose application has been refused
17.	A decision of the Registrar to cancel a short term unregistered vehicle permit for a motor vehicle or a trailer	Regulation 75(7)	The person whose permit has been cancelled
18.	A decision of the Registrar to reassess motor tax for a motor vehicle or a trailer	Regulation 96(1)	The registered operator of the motor vehicle or trailer

PART 2Administrative decisions under Traffic Act 1925

Column 1	Column 2	Column 3	Column 4
Item	Decision	Relevant provision of Act	Eligible person
1.	A decision of the Commission not to approve an alternative compliance scheme or to amend or cancel an approved alternative compliance scheme	Section 63	The developer of the scheme
2.	A decision of the Commission not to approve an application for accreditation as a member of an alternative compliance scheme	Section 67(1) , (2) , (3) or (4)	The applicant for membership of the scheme
3.	A decision of the Commission not to renew a person’s accreditation as a member of an approved alternative compliance scheme	Sections 69(2) and (3)	The applicant for renewal of the accreditation
4.	A decision of the Commission to impose conditions on a person’s membership of an approved alternative compliance scheme	Section 70(1)	The person on whose membership the conditions have been imposed
5.	A decision of the Commission to suspend a person’s accreditation as a member of an alternative compliance scheme	Section 73(1)	The person whose membership has been suspended
6.	A decision of the Commission to cancel, suspend or vary a person’s accreditation as a member of an alternative compliance scheme	Section 74(1)	The person whose accreditation has been cancelled, suspended or varied

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 11 August 2000

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations provide for the review of certain administrative decisions under the