New South Wales Consolidated Regulations

ROAD TRANSPORT (VEHICLE REGISTRATION) REGULATION 2007 - REG 76

76 Internal review of variation, suspension or cancellation of accreditation

(1) Any registered operator aggrieved by a decision of the Authority to vary, suspend or cancel the registered operator’s accreditation under an accreditation scheme may apply for an internal review of the decision under this clause ( "internal review").

(2) An application for an internal review is:

(a) to be in writing in the form approved by the Authority, and

(b) to specify an address in Australia to which a notice under subclause (7) may be sent, and

(c) to be lodged with the Authority within 28 days after the registered operator was given the notice in accordance with this Division of the decision to vary, suspend or cancel the operator’s accreditation, and

(d) to comply with such other requirements as may be set out in the approved form in respect of the making of applications for internal reviews.

(3) An application for an internal review is to be dealt with by an officer or a panel of two or more officers of the Authority (other than the officer who made the original decision) who are directed to do so by the Authority (the "internal review officer or panel").

(4) In reviewing a decision, the internal review officer or panel is to consider any relevant material submitted by the registered operator.

(5) Following the internal review of the decision, the internal review officer or panel may:

(a) confirm the decision, or

(b) vary the decision, or

(c) set aside the decision and make an alternative decision.

(6) In exercising a function under this clause, an internal review officer or panel is taken to have the functions of the officer who made the decision being reviewed.

(7) As soon as practicable (and in any event within 28 days) after the completion of an internal review of a decision, the Authority must notify the registered operator in writing of:

(a) the outcome of the internal review, and

(b) the reasons for the decision in the internal review, and

(c) the registered operator’s right to appeal against the decision to a court or to seek a review by a tribunal as the case may be.

Note: Clause 28 (1) (a) of the Road Transport (General) Regulation 2005 provides for appeals to the Local Court in relation to a decision of the Authority to vary, suspend or cancel a registered operator’s accreditation under an accreditation scheme.

(8) If the Authority does not notify the registered operator of the outcome of the review within 28 days after the application for the internal review has been lodged (or such other period as the Authority and registered operator have agreed on), the decision being reviewed is taken to be confirmed.

(9) An internal review is taken to be finalised if:

(a) the registered operator is notified of the outcome of the review under subclause (7), or

(b) the decision being reviewed is taken to be confirmed under subclause (8).

(10) A person is not entitled to a review under this clause of any decision previously reviewed under this clause.