Transport (Compliance and Miscellaneous) Act 1983 (review)

VCAT can review certain decisions made by the Taxi Services Commission, which is the licensing authority, or the Departmental Secretary under the Transport (Compliance and Miscellaneous) Act 1983.

Cases we can hear

You may be able to apply to VCAT for a review in certain matters under this Act.

Licences

Section 143C: If you are affected by a decision of the Taxi Services Commission to refuse to grant your application for a commercial passenger vehicle licence (other than an application in respect of a vehicle which is to operate as a public commercial passenger vehicle)

Section146C: If you are the holder of a commercial passenger vehicle licence affected by a decision of the Commission to:

  • suspend the licence for non-payment of licence instalment
  • suspend the licence for non-payment of any licence fee or instalment
  • cancel the licence for non-payment of any fee or instalment
  • cancel the licence for breach of a condition on a licence
  • of its own motion, cancel the licence or alter the conditions of a licence for reasons set out in its notification.

Section 153: If you are the owner of a licensed vehicle and the Commission has cancelled the licence because:

  • the vehicle is no longer fit and suitable for the licensed purpose;or
  • the vehicle has been in use longer than the prescribed period.

Section 157: If you are the holder of a commercial passenger vehicle licence or permit and the Commission has suspended or revoked the licence or permit on the ground of:

  • non-compliance with conditions attached to the licence or permit
  • non-compliance with provisions of the Act or the Road Safety Act 1986.

Accreditation

Section 136A: If you are an applicant for accreditation, an accredited person, or a relevant person in relation to an applicant or accredited person, and your interests are affected by a decision of the Commission to:

  • refuse an application for accreditation
  • disqualify a person from applying for accreditation
  • impose a condition, restriction or limitation on an accreditation
  • vary or revoke a condition, restriction or limitation on an accreditation
  • take disciplinary action; or serve an improvement notice.

Section 228R: A company or an association may apply to VCAT to review a decision of the Departmental Secretary relating to:

  • an application for, or renewal of accreditation
  • the service of an improvement notice for a contravention of a condition of accreditation
  • the company’s or association’s accreditation
  • the company or association.

Section 132D and 136: If you are a person whose interests are affected by a mandatory decision of the Commission to:

  • refuse accreditation as a taxi-cab operator because the relevant person has been found guilty of a specified offence within a specified time
  • refuse accreditation as a taxi-cab operator because the person is subject to an order or reporting obligations under the Working with Children Act 2005
  • refuse accreditation as a provider of taxi-cab network services because the relevant person has been found guilty of a specified offence within a specified time
  • refuse accreditation as a provider of taxi-cab network services because the person is subject to an order or reporting obligations under the Working with Children Act 2005
  • refuse any accreditation on the basis that the applicant does not have sufficient knowledge, competency and capacity, financial capacity or is otherwise disqualified
  • cancel your accreditation (wholly or in part).

Driver Accreditation

Section 169O: If you are a person affected by a relevant decision of the Commission to:

  • refuse to issue or renew driver accreditation
  • suspend or cancel driver accreditation
  • impose a condition on driver accreditation
  • determine to disqualify a person from applying for the issue of an accreditation
  • refuse to reinstate accreditation of a suspended person.

Section 169N: If you are a person whose interests have been affected by a decision of the Commission to:

  • refuse to issue or renew driver accreditation on the basis of the person being found guilty of a category 1 offence or being subject to an order or reporting requirement pursuant to the Working with Children Act 2005
  • cancel driver accreditation for the above reasons
  • disqualify the person from applying for driver accreditation:

you may be able to apply to VCAT for an order that the Commission issue, renew or reinstate the driver accreditation or cancel the disqualification as the case may be.

Authorisations

Section 221M: If you are a person affected by a decision of the Departmental Secretary to revoke an authorisation because:

  • the person has acted unreasonably or has abused his or her power
  • the person is not competent to exercise functions conferred on him or her
  • the person is not of good repute having regard to character, honesty and integrity
  • the person has been convicted of an offence that renders it inappropriate for him or her to continue as an authorised officer
  • the person has given false and misleading information
  • the person has not complied with a condition on the authorisation:

Mandatory decisions to refuse or cancel accreditation

Sections 132D and 136: If you are a person whose interests are affected by a mandatory decision of the Commission to:

  • refuse accreditation as a taxi-cab operator because the relevant person has been found guilty of a specified offence within a specified time
  • refuse accreditation as a taxi-cab operator because the person is subject to an order or reporting obligations under the Working with Children Act 2005
  • refuse accreditation as a provider of taxi-cab network services because the relevant person has been found guilty of a specified offence within a specified time
  • refuse accreditation as a provider of taxi-cab network services because the person is subject to an order or reporting obligations under the Working with Children Act 2005
  • refuse any accreditation on the basis that the applicant does not have sufficient knowledge, competency and capacity, financial capacity or is otherwise disqualified
  • cancel your accreditation (wholly or in part).

Information on the Public Register

On 30 September 2014, amendments to the Act took effect to establish the Public Register, to be maintained by the Taxi Services Commission. See Division 6A of Part IV of the Act.

The register contains the names of industry participants, and may contain business contact details, details of any tax-cab network service provided or the number of vehicles operated. Private contact details or other personal information is not required to be included.

An industry participant may apply to the Commission to restrict access to the information on the register about that person. On such an application, the Commission must not make a determination to restrict public access unless the Commission is satisfied that there are exceptional circumstances that justify the restriction.

Under section 169ZI of the Act, a person may apply to VCAT for a review of the Commission’s decision not to restrict access.

On an application being made to VCAT, public access to the person’s information will be restricted until the day on which VCAT determines the application for review, if VCAT affirms the Commission’s decision.

Legislation that gives VCAT the power to hear these applications

Transport (Compliance and Miscellaneous) Act 1983

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.

Time limits

In most cases, 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.

but

an application for review made under s.169N must be made within 28 days of the refusal of the application for driver accreditation or the cancellation of the driver accreditation as the case requires.

You may be able to apply for an extension to this time limit.

What can VCAT order?

Section 169N(2)provides that on an application to review a decision to refuse driver accreditation on the grounds set out re169(1), VCAT may by order direct the licensing authority to:

  • issue a driver accreditation to the applicant
  • renew the driver accreditation of the applicant
  • reinstate the driver accreditation of the applicant
  • make a determination cancelling the disqualification of the applicant.

Section 136(2) provides that on an application to review brought pursuant to sections 136 and 132D, VCAT may by order direct the licensing authority to:

  • accredit the applicant
  • reconsider the application on the basis that the ground set out (re the tier 1 offence) is not a ground for refusal
  • reinstate the accreditation and not disqualify the applicant from applying for accreditation of that kind
  • reconsider the cancellation and disqualification on the basis it is not required under section 135A(3).

On other applications for review, 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.