Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 16E

Appeals regarding written-off vehicle registration

16E. Appeals regarding written-off vehicle registration



(1) If the Corporation decides to-

   (a)  refuse to enter a vehicle on the register of written-off vehicles; or

   (b)  amend, or refuse to amend, an entry on the register of written-off
        vehicles; or



   (c)  refuse to remove an entry from the register of written-off vehicles-

a person referred to in subsection (2) may appeal against that decision to the
Magistrates' Court in accordance with the regulations.

(2) An appeal may be made under subsection (1) by-

   (a)  a person who notified the Corporation that the vehicle was a
        written-off vehicle; or

   (b)  the person who was the registered operator of the vehicle when it
        became a written-off vehicle or, if the registration of the vehicle
        was then cancelled, immediately before that cancellation; or

   (c)  a person who was the spouse or a domestic partner of a person referred
        to in paragraph (a) or (b) when the notification was made or the
        vehicle became a written-off vehicle (as the case requires).

(2A) A person may only appeal on one or more of the following grounds-

   (a)  in the case of an appeal against an amendment of an entry made under
        section 16D(4), that the vehicle was not a statutory write-off when
        the amendment was made;

   (b)  in the case of an appeal against any other amendment of, or against a
        refusal to amend, an entry, that the vehicle did not satisfy the
        criteria for the category of written-off vehicle under which it was
        registered when it was entered on the register;

   (c)  in the case of an appeal against a refusal to remove an entry, that
        the vehicle was not a written-off vehicle when it was entered on the
        register.

(3) On an appeal under subsection (1), the court must-

   (a)  re-determine the matter of the decision; and





   (b)  hear any relevant evidence tendered by the appellant and the
        Corporation; and

   (c)  without limiting its discretion, take into consideration anything that
        the Corporation ought to have considered.

(4) The Corporation must give effect to the decision of the Magistrates' Court
on an appeal.