Victorian Consolidated Legislation

Transport Act 1983 - SECT 169

Matters to be considered by the Director when issuing or renewing an accreditation

169. Matters to be considered by the Director when issuing or renewing an
accreditation



(1) If subsection (2), (3) or (4) does not apply to an applicant for the issue
or renewal of a driver accreditation, the Director may grant the application
if the Director is satisfied-

   (a)  that the issuing of accreditation is appropriate having regard to the
        public care objective; and

   (b)  that the applicant-

   (i)  is technically competent and sufficiently fit and healthy to be able
        to provide the service; and

   (ii) is suitable in other respects to provide the service; and

   (c)  that the applicant has complied with the application requirements
        under this Division.

(1A) For the purposes of subsection (1), the Director must have regard to
whether the applicant has at any time been subject to a finding of a
prescribed kind made by, or on behalf of a prescribed body, referred to in
section 14(1)(a) of the Working with Children Act 2005.

(2) The Director must not issue or renew a driver accreditation if the
Director is aware that the applicant-

   (a)  does not hold either-

   (i)  a driver licence under the Road Safety Act 1986; or

   (ii) a probationary driver licence under the Road Safety Act 1986, where
        the applicant has also satisfied the Director that he or she is
        competent to provide the service because he or she has relevant
        experience or is a person to whom other special circumstances apply;
        or

   (b)  has been found guilty of a category 1 offence; or

   (c)  is a person who is subject to-

   (i)  reporting obligations referred to in section 12(1)(a) of the Working
        with Children Act 2005; or

   (ii) an order referred to in section 12(1)(b) of the Working with Children
        Act 2005.

(3) The Director must not issue or renew a driver accreditation if the
Director is aware that the applicant is the subject of a charge for a category
1 offence or has been found guilty of a category 2 offence unless the Director
is satisfied that the applicant has demonstrated that the issue or renewal of
accreditation is appropriate having regard to the public care objective.

(4) The Director may refuse to issue or renew a driver accreditation if the
Director is aware that the applicant-

   (a)  has been found guilty of a category 3 offence; or

   (b)  is the subject to a charge for a category 2 offence or category 3
        offence that has not been finally disposed of at the time of
        considering the application.

(5) In making a decision under subsection (3) or (4), the Director may have
regard to any matter to which a consideration in section 169C(3)(b) would
apply.

(6) The Director must not make a decision under subsection (3) or (4) to issue
or renew an accreditation unless the Director is satisfied of the matters set
out in subsection (1)(a) to (c).

(7) The Director must not refuse to issue or renew an accreditation to a
person on a ground referred to in subsection (2) if a decision to refuse to
issue an accreditation or renew an accreditation or a decision to cancel an
accreditation in respect of that person on that ground has previously been
overturned by VCAT.