Victorian Consolidated Legislation

Transport Act 1983 - SECT 169N

Jurisdiction of VCAT as to category 1 offenders

169N. Jurisdiction of VCAT as to category 1 offenders



(1) A person-

   (a)  whose application for the issue or renewal of a driver accreditation
        is refused on a ground set out in section 169(2)(b) or (c); or

   (b)  whose driver accreditation is cancelled under section 169E-

may apply to VCAT for an order that the Director issue, renew or reinstate the
driver accreditation (as the case may be).

(2) On an application under subsection (1) VCAT may by order direct the
Director to-

   (a)  issue a driver accreditation to the applicant; or

   (b)  renew the driver accreditation of the applicant; or

   (c)  reinstate the driver accreditation of the applicant.

(3) VCAT must not make an order under subsection (2) to issue, renew or
reinstate an accreditation unless-

   (a)  VCAT is satisfied of the matters set out in section 169(1)(b); and

   (b)  the applicant has demonstrated that the issue, renewal or
        reinstatement is appropriate having regard to the public care
        objective; and

   (c)  VCAT is satisfied that-

   (i)  the making of the order would not pose an unjustifiable risk to the
        safety of persons using services provided by the drivers of commercial
        passenger vehicles and private bus services, having regard to-

                (A)  the matters set out in section 169C(3)(b)(i) to (x); and

                (B)  any other matter that VCAT considers relevant to the
                     application; and

   (ii) in all the circumstances, it is in the public interest to make the
        order.

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(5) The Director must comply with an order made by VCAT under this section.