Transport (Compliance and Miscellaneous) Act 1983 (review)
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.
VCAT can review certain decisions made by Commercial Passenger Vehicles Victoria (CPVV) and the Secretary of the Department of Transport under the Transport (Compliance and Miscellaneous) Act 1983.
Cases we can hear
VCAT can review decisions made by CPVV about driver accreditation for commercial or local bus services.
You can apply for a review if you're affected by any of the following decisions:
- cancel, refuse to issue or refuse to renew your driver accreditation because you were found guilty of certain serious offences (category 1 offence as defined in section 86 of the Act) or are subject to an order or reporting requirement under the Working with Children Act 2005
- impose a period of disqualification from applying for driver accreditation after a cancellation,
Anyone else can apply for a review if they were affected by a decision to:
- refuse to issue or renew a driver accreditation
- suspend or cancel a driver accreditation
- impose a condition on a driver accreditation
- disqualify a person from applying for the issue of a driver accreditation
- refuse to reinstate the driver accreditation of a suspended person.
VCAT can review decisions made about authorised officers. You can apply for a review if you're affected by the Secretary's decision about an authorisation, including:
- any conditions imposed on an authorisation
- a decision on an application for, or renewal, of an authorisation
- the suspension of an authorisation
- the revocation of an authorisation.
Accreditation of Passenger Transport Companies
VCAT can review decisions about the accreditation of a passenger transport company, bus company or the Bus Association of Victoria to employ or engage authorised officers.
You can appy for a review if you're a company or an association affected by any of the following decisions by the Secretary:
- an application for, or renewal of an accreditation
- an improvement notice for a contravention of a condition of accreditation
- the company's or association's accreditation
- decision about the company or association.
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
- cases heard under federal law instead of Victorian law.
Legislation that gives VCAT the power to hear these applications
Sections 169N, 169O, 221M and 228R of the Transport (Compliance and Miscellaneous) Act 1983
Documents you need to apply
Attach a decision letter from CPVV or the Secretary to your application.
You must apply within 28 days of the decision.
Otherwise, except for 169N applications, you can apply within 28 days of receiving a statement of reasons or are notified you will not receive a statement of reasons.
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 doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.
Putting the original decision on hold
In most cases, applying for a review doesn't put the original decision 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're seeking a stay.
It may not be possible to put the decision on hold if it has no practical effect. For example, a stay on a decision not to grant accreditation.
VCAT will ask the decision-maker if they agree to any stay. If the decision-maker doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.
What can VCAT order?
For decisions around driver accreditation, VCAT can order CPVV to:
- issue you a driver accreditation
- renew your driver accreditation
- reinstate your driver accreditation
- cancel your disqualification.
VCAT must be satisfied making such an order is appropriate and consider the following:
- the public care objective (set out in section 164 of the Act)
- in the public interest
- doesn't pose an unjustifiable risk to public safety.
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.
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.
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.