Date last updated

Friday 28 Dec 2018

Part 19 - Review of decisions

235 What is a reviewable decision?

For the purposes of section 20(1A) of the Act, the following specified decisions are reviewable decisions made by the Authority -

  1. a decision, under regulation 28, to approve or not approve a test or training course for drivers of road vehicles transporting dangerous goods;
  2. an administrative determination under regulation 30 (dangerous goods and packaging) or regulation 31 (vehicles, routes, areas and times);
  3. a decision, under regulation 55, to approve or not approve a design for a packaging;
  4. a decision, under regulation 57, to approve or not approve a method of preparing an overpack;
  5. a decision, under regulation 114, to approve or not approve a design for a Type II segregation device;
  6. a decision, under regulation 115, to approve or not approve a method of segregation;
  7. a decision, under regulation 140, to approve or not approve emergency information;
  8. a decision, under Division 1 of Part 16, to exempt from compliance with a provision of these Regulations;
  9. a decision, under regulation 187, 188 or 189, to revoke, amend or refuse to amend a determination or approval;
  10. a decision, under regulation 201 or 213, to issue or refuse to issue a licence, or a decision to impose conditions under regulation 206 or 215;
  11. a decision, under regulation 204 or 213, to renew or refuse to renew a licence, or a decision to impose conditions under regulation 206 or 215;
  12. a decision, under regulation 220, to issue or refuse to issue a replacement licence;
  13. a decision, under regulation 227, 228, 229 or 230, to revoke, suspend, amend or refuse to amend a licence;
  14. a decision under regulation 237(3);
  15. a decision, under regulation 244, to approve or not approve the use of a vehicle that is not covered by a policy of insurance or other form of indemnity.

236 Who is an eligible person?

A person whose interests are affected by a reviewable decision under regulation 235 is an eligible person for the purposes of regulation 237.

237 Application for internal review

  1. An eligible person may apply in writing to the Authority for a review of a decision listed in regulation 235, other than a decision mentioned in regulation 235(n).
  2. An application for a review must be made within -
    1. 14 days after the day on which the decision first came to the applicant's notice; or
    2. such longer period as the Authority allows.
  3. If an application is made to the Authority in accordance with this regulation, the Authority must make a decision -
    1. to confirm the reviewable decision either on the basis -
      1. that it was made in accordance with the Act and these Regulations; or
      2. that even though it was not made in accordance with the Act or these Regulations, the failure was not reasonably likely to have affected the outcome of the decision; or
    2. to set aside the reviewable decision.
  4. The Authority must give a written notice to the applicant setting out -
    1. the Authority's decision under subregulation (3) and the reasons for the decision; and
    2. the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.
  5. The Authority must comply with subregulation (4)-
    1. within 14 days after the application is made; or
    2. with the consent of the applicant, within a further period of up to 14 days.
  6. If the Authority does not notify an applicant of a decision in accordance with subregulations (4) and (5), the Authority is taken to have made a decision to confirm that the reviewable decision was made in accordance with the Act and these Regulations.
  7. An application under this regulation does not affect the operation of the reviewable decision or prevent the taking of any action to implement it.

238 Process for new decisions to be started within 7 days

If the Authority sets a decision aside under regulation 237(3)(b), it must start the process to remake the decision within 7 days after it sets the decision aside.

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