Commercial Passenger Vehicle Industry Act 2017 (review, referral and original jurisdiction)
This page provides general information and shouldn't be considered legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change.
We can review certain decisions made by Commercial Passenger Vehicles Victoria (CPVV), which is responsible for regulating the commercial passenger vehicle industry in Victoria.
Under the Commercial Passenger Vehicle Industry Act 2017, VCAT can also:
- hear certain disputes between parties to driver agreements or proposed driver agreements, in VCAT’s original jurisdiction
- accept referrals from the Minister for Public Transport (the Minister) relating to disputes about driver agreements that raise issues of important public policy.
Cases we can hear
Review of certain decisions
An eligible person may apply to VCAT for a review of certain decisions made by CPVV. Decisions that can be reviewed include:
- the registration of commercial passenger vehicles (including conditions attaching to registration)
- the registration of booking service providers (including conditions attaching to registration)
- commercial passenger vehicle driver accreditation (including conditions attaching to accreditation)
- forfeiture and seizure of things
- written directions regarding the production of information, documents or evidence
- improvement notices, prohibition notices and disciplinary action
- restrictions on public access to information about a person on the register of permission holders (which includes details for all registered or accredited persons or businesses regulated by CPVV).
CPVV is required to notify you of any review or appeal rights that apply to any decision affecting you. Read your decision letter carefully. If you are an eligible person that can apply to VCAT for a review of the decision, the letter will include information notifying you of this.
We can hear disputes between the registered owners of commercial passenger vehicles and drivers who are in possession of the vehicle under a driver agreement, or between parties concerning a proposed driver agreement.
You must take certain steps to resolve the dispute before applying to VCAT.
Any party in a driver agreement or proposed driver agreement can refer disputes concerning conditions of the agreement to CPVV. If CPVV can't assist the parties in resolving the dispute, CPVV may issue a certificate allowing the parties to refer the dispute to either:
- the Small Business Commission for further alternative dispute resolution
If the dispute has been referred to the Small Business Commission first and can't be resolved after alternative dispute resolution, the Commission may issue a certificate allowing the parties to apply to VCAT.
Disputes about driver agreements that raise issues of important public policy can be referred by the Minister to VCAT.
Cases we can't help with
We can’t accept some cases where one party lives in another state or is a Commonwealth government organisation.
Legislation that gives VCAT the power to hear these applications
Sections 100, 101, 105, 251 and 253 of the Commercial Passenger Vehicle Industry Act 2017
Documents you need to apply
Review of certain decisions
Attach a decision letter from CPVV to your application.
Attach a certificate from CPVV or the Small Business Commission to your application.
The time limits will depend on the type of application.
If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.
VCAT will ask the decision-maker if they agree to any extension. If the decision-maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.
Review of certain decisions
You usually must submit your VCAT application:
- no longer than 28 days after you have been given notice of the reviewable decision, or
- if you have requested a statement of reasons for the decision, no longer than 28 days after receiving those reasons or notice that reasons will not be given.
If the application is about reinstating a driver accreditation or cancelling a disqualification relating to driver accreditation, there are no time limits under any of the following criteria:
- the person was found guilty of certain criminal offences (see Schedule 1 to the Act)
- the person was subject to supervision or reporting orders under sex offender and serious offender legislation.
You must submit your VCAT application within 30 days of receiving a certificate from CPVV. You must state the dispute cannot be resolved at CPVV and is unlikely to be resolved with the assistance of the Small Business Commission.
No time limit applies for applications made after receiving a certificate issued by the Small Business Commission.
The Minister may refer a dispute to VCAT at any stage of the dispute resolution process. If a referral is made by the Minister, any other process relating to the dispute stops.
Putting the original decision on hold
In most cases, applying for a review does not put the original decision of CPVV on hold and that decision stands until VCAT makes its decision.
If you want the original decision put on hold, you must ask for this by indicating you want a ‘stay’ on the application form and briefly explaining why you are seeking a stay.
It's not usually necessary to apply for a stay about any of the following:
- a decision about public access to information on the register of permission holders - as access will automatically be restricted until the application is determined by VCAT (except where a second or subsequent application is made)
- a decision where its nature means that a stay would not have any effect (for example, a stay would not assist with a decision not to grant accreditation).
VCAT will ask the decision-maker if they agree to any stay. If the decision-maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.
What can VCAT order?
Review of certain decisions
If you're applying about reinstating a driver accreditation or cancelling a disqualification relating to driver accreditation where no time limits do not apply, VCAT can:
- issue your driver accreditation
- reinstate your driver accreditation
- make a determination cancelling the disqualification
- change the period of your disqualification.
In reaching its decision on the application, VCAT must consider some matters, including the public care objective (set out in section 69 of the Act) and whether making an order is in the public interest or would pose an unjustifiable risk to the safety of users of commercial passenger vehicles.
For all other decisions, 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 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.
Referral and original jurisdiction
Orders that VCAT can make about driver agreements include orders:
- about the terms and conditions of the driver agreement (including variation of those terms and conditions)
- requiring a refund, compensation or restitution to be paid by one party to another
- requiring performance of the driver agreement
- rescinding (terminating) or rectifying (correcting) the driver agreement.
We can explain the application process and what the form is asking you for. Contact us to get support.
We can't give you legal advice. This means we can't tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you're unsure about your options or need advice about your claim.
Make an application
Do I need a lawyer or professional representative?
You don't need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.
Be aware that the regulatory body in most cases uses legal representation.
Find legal services that may be able to assist you.
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.