Department of State GrowthTransport

Appeals

A range of decisions relating to registration and licensing can be appealed.

Licensing and Ancillary Certificates

The following decisions can be appealed:

  • refuse an application for the issue or renewal of a driver licence
  • about a licence condition
  • refuse an application for the issue or renewal of an ancillary certificate
  • about a condition of an ancillary certificate
  • that a person is no longer exempt from the requirement to hold a driver licence
  • vary, suspend or cancel a driver licence
  • vary, suspend or cancel an ancillary certificate

Registration

The following decisions can be appealed:

  • cancel a certificate of roadworthiness
  • refuse an application for registration of a motor vehicle or trailer
  • impose, vary or revoke a condition of registration
  • refuse an application for the renewal of registration of a motor vehicle or trailer
  • refuse an application for the transfer of registration of a motor vehicle or trailer
  • suspend or cancel the registration of a registered motor vehicle or trailer
  • refuse an application for a trade plate
  • cancel a trade plate
  • refuse an application for a short term unregistered vehicle permit for a motor vehicle or trailer
  • cancel a short term unregistered vehicle permit
  • reassess motor tax

If the customer provides further information in support of their application, the Registrar will reassess the decision. If the customer is still not satisfied with the decision and has no further information in support of their application they may then apply to the Secretary, Department of State Growth for an internal review.

Advice from the Registration and Licensing Branch

If the Registrar makes a decision that is not in a customer's favour, the Registrar must advise the person of their right to request an internal review, and, in the event that it is unsuccessful, an external review (an appeal to a magistrate).

A person who is entitled to request a review can apply to the Registrar for written reasons for the original decision. The Registrar must respond within 14 days of the application being made by:

  • setting out the decision
  • providing the reasons for the decision
  • naming the person or position who made the decision.

The customer's request for this information can be made before or during an internal review.

Internal Review

A customer can apply for a review of a decision within 28 days of receiving notice of the decision and of their right to internal review. Such an application must be in writing.

It may be that in the course of requesting a review the customer will provide further information that enables the matter to be resolved satisfactorily. However, if agreement between the customer and the Registrar cannot be reached, the customer can write to the Secretary of the Department, requesting an internal review by a delegated officer.

Someone other than the original decision-maker must carry out the review of the decision. The person carrying out the review must affirm, vary or revoke the original decision and notify the customer of the result, all within 28 days from when the application is received.

A decision subject to this kind of internal review is taken to have been affirmed if a notice to the contrary is not issued within 28 days. The customer can then request an external review.

An application for an internal review does not affect the implementation of the original decision until a new decision is made. In other words, if a licence suspension has been imposed, for example, the suspension continues until a decision to vary the original decision is made.

A customer cannot request a review of their guilt or innocence or the imposition of a penalty or the level of a penalty imposed. If an internal review is not resolved to a customer's satisfaction they are then able to apply for an external review.

External Review

A customer who is aggrieved by a decision of the Registrar, and where the decision has been affirmed following internal review, is eligible to apply for an external review. An application for external review is made to a magistrate and must be lodged in writing at the Court of Petty Sessions within 28 days of the person being notified of the decision resulting from the internal review. Only decisions that are first reviewed via the internal review process qualify for an external review.

The magistrate redetermines the matter, listens to any evidence put forward by the applicant and the Registrar, and considers all the matters that the Registrar ought to have taken into account in making the original determination.

The original decision made by the Registrar remains in force until a magistrate varies it. A customer cannot request an external review of their guilt or innocence, or of a penalty or the level of penalty imposed.