Road Safety (Vehicles) Regulations 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.
Except where there is a right of appeal to the Magistrates’ Court, VCAT can review certain decisions made by the Roads Corporation on internal review under the Road Safety (Vehicles) Regulations 2009 about:
- vehicle registrations
- transfers of vehicle registrations
- fair market value of registration number rights and number plates
- unregistered vehicle permits
- clubs and club permits
VCAT can also review certain decisions made by the Roads Corporation to issue a notice prohibiting a person from examining and testing vehicles or assisting in examining and testing vehicles.
Cases we can hear
You may be able to apply to VCAT for a review of the Corporation’s decision if:
- you are a person whose interests are affected by a decision of the Corporation on an internal review under regulation 120 (unless you have a right of appeal to the Magistrates’ Court)
- you are a person who has been given a notice prohibiting you from examining and testing vehicles, or assisting in examining and testing vehicles.
Before applying to VCAT you must check if you have the right of appeal to the Magistrates’ Court. If you do, you cannot apply to VCAT and must make your application to the Magistrates' Court. There are time limits for both.
Cases we cannot hear
You cannot apply to VCAT if you have a right of appeal to the Magistrates’ Court, under sections 12 or 16E of the Road Safety Act 1986, of a decision by the Corporation. Those sections refer to certain decisions to refuse cancel or suspend registration of a motor vehicle or trailer, and decisions about written-off vehicle registrations.
Legislation that gives VCAT the power to hear these applications
Road Safety (Vehicles) Regulations 2009
- Review a decision made on an internal review: Regulation 128
- Review a decision to give a prohibition notice: Regulation 215(4)
Application for review of a decision on an internal review
If you are applying for a review of a decision of the Corporation on an internal review under regulation 120:
You should make your application to VCAT within 28 days after the latest of:
- The day on which the Corporation’s decision is made;
- The day on which you are informed by the Corporation of your right to an external review;
- If you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act 1998, the day on which you are given the statement or informed that a statement of reasons will not be given
Application for review of a decision to give a prohibition notice
You must make your application within one month of being given the prohibition notice.
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 .