Accident Towing Services Act 2007 (review and original jurisdiction)
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.
The Accident Towing Services Act 2007 gives VCAT the power to make certain decisions.
VCAT has both original jurisdiction and review jurisdiction under the Act.
Legislation that gives VCAT the power to hear these applications
Accident Towing Services Act 2007 – sections 53, 88, 133, 172 and 177.
Accident Towing Services Act 2007 (mandatory refusals of accreditation) – sections 87 and 132.
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.
Cases VCAT can hear
Applications for review
You may be able to apply to VCAT for a review of a VicRoads decision in relation to either industry accreditation or driver accreditation, if you are affected by a decision:
- refusing an application to grant or renew accreditation
- imposing a condition on an accreditation
- varying or revoking a condition on accreditation
- suspending or cancelling an accreditation
- disqualifying you from applying for accreditation for a period of years.
Or if you are an applicant for, or a holder of, a tow truck licence and you are affected by a VicRoads decision to:
- issue or refuse to issue a licence
- impose a condition on a licence
- vary or revoke a condition on a licence
- refuse to exempt the holder of a Melbourne licence from a requirement
- refuse to alter the specification in a licence by substituting another
- refuse to approve the transfer of a licence
- cancel or suspend a licence
- refuse to grant a temporary permit
- impose conditions on a temporary permit.
Or if you are affected by a VicRoads decision to record demerit points either by error or other than required by regulations.
Or if you have been served with an improvement notice requiring you to remedy a contravention or likely contravention.
Applications for orders in original jurisdiction
You may be able to apply to VCAT:
- if VicRoads has refused your application for towing operator accreditation or tow truck driver accreditation because you have been found guilty of a serious violent offence (or an interstate equivalent offence)
- if you have been disqualified from applying for such accreditation for a period not exceeding five years.
You must make your application within 28 days after the later of the day on which:
- 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 should make your application within 28 days after VicRoads decision is made.
You may be able to apply for an extension to these time limits.
What can VCAT order?
Unless the relevant Act of Parliament gives us different powers, VCAT can:
- affirm the original decision, in which case the original decision 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.
VCAT can order that:
- VicRoads accredit you
- VicRoads consider whether accreditation should be approved
- VicRoads reinstate your accreditation if appropriate
- VicRoads consider whether disciplinary action should be taken, or
- your application be dismissed.