Bus Safety Act 2009 (review)
This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.
VCAT can review certain decisions of the Safety Director under the Bus Safety Act 2009.
Cases we can hear
You may be able to apply to VCAT for a review if you are a person whose interests are affected by a decision of the Safety Director to:
- refuse accreditation to an operator to operate a commercial bus service or local bus service, including a mandatory refusal made by the Safety Director under section 27
- impose a condition on the accreditation of an accredited bus operator
- not vary the accreditation following a request for variation by the accredited bus operator
- vary the accreditation of an accredited bus operator
- suspend or cancel the accreditation of an accredited bus operator, including mandatory cancellation under section 49
- disqualify the operator from applying for accreditation
- refuse to give, or revoke, permission under section 22(5A) (community and private bus services) to use drivers who hold probationary driver licences to drive buses for a registered bus service
- refuse to grant an exemption
- grant an exemption subject to conditions or restrictions
- extend the relevant period of an application for:
- an exemption
- a variation of an exemption
- a variation of conditions of or restrictions on an exemption
- refuse to vary conditions of or restrictions on an exemption
- vary the conditions of or restrictions on an exemption
- revoke or suspend an exemption.
Legislation that gives VCAT the power to hear these applications
- Section 58(1) of the Bus Safety Act 2009
If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.
You must make your application within 28 days from when:
- the decision was made, or
- if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.
You may be able to apply for an extension to this time limit.
What can VCAT order?
In reviewing a mandatory accreditation refusal decision under section 27 of the Act or a mandatory cancellation decision under section 49 of the Act, VCAT may:
- consider in detail the disqualifying offence that required the Safety Director to make the decision being reviewed; and
- vary, uphold or dismiss the decision.
In other cases VCAT can:
- affirm the original decision, in which case it will stand
- vary the decision
- set aside the decision and substitute our own decision
- set aside the decision and remit (send back) the matter for reconsideration by the decision maker giving directions or recommendations
- invite the decision-maker to reconsider their decision at any time during the case.