Appealing registration and licensing decisions

Certain registration and licensing decisions may be appealed. If such a decision is made, you will be advised in writing of your right to seek an internal review, and how to apply.

Usually, reasons for the decision will be provided with the decision. However, if you are entitled to request a review, you can apply to the Registrar of Motor Vehicles for reasons for the original decision.

The following decisions can be appealed:

• make a novice driver or novice rider subject to novice case management
• about the content of a novice case management program
• 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
• refuse an application for an exemption
• conditions on, or cancel, an exemption
• vary, suspend or cancel a driver licence
• vary, suspend or cancel an ancillary certificate
• that a person is no longer exempt from the requirement to hold a driver licence

For the full legislation please refer to the Vehicle and Traffic (Review of Decisions) Regulations 2010.

If you provide further information in connection with a decision, the Registrar of Motor Vehicles will consider that information and make a new decision. If that new decision is reviewable, the Registrar will advise you accordingly.

The following decisions can be appealed:

• refuse to issue a certificate of roadworthiness
• cancel a certificate of roadworthiness
• refuse an application for registration, or renewal of registration, of a motor vehicle or a trailer
• about a condition of registration of a motor vehicle or a 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 to clear a written-off vehicle label
• 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 a trailer
• cancel a short term unregistered vehicle permit for a motor vehicle or a trailer
• reassess motor tax for a motor vehicle or a trailer
• refuse to grant an exemption
• vary or revoke an exemption
• refuse to grant an application for a permit
• impose conditions on a permit
• vary, suspend or cancel a permit
• impose conditions on an exemption

For the full legislation please refer to the Vehicle and Traffic (Review of Decisions) Regulations 2010.

If you provide further information in connection with a decision, the Registrar of Motor Vehicles will consider that information and make a new decision. If that new decision is reviewable, the Registrar will advise you accordingly.

If eligible, you can apply for a review of a decision within 28 days of receiving notice of the decision. Applications for review must be in writing, and must clearly identify the decision to be reviewed and your reasons for seeking the review.

A reviewing authority, who is someone other than the original decision-maker and who is independent of the Registrar of Motor Vehicles, will carry out the review. This person must affirm, vary or set aside the original decision and notify you of the result. Reviews must be completed within 14 days of receiving the application, although this timeframe may be extended. You will be notified of any extension in writing prior to the expiry of the original 14-day review period.

A decision under internal review is taken to have been affirmed if the review is not completed within the required timeframe.

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.

If you are not satisfied with the outcome of an internal review, you are entitled to apply for an external review by a magistrate.

A customer who is aggrieved by an internal review decision 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 local Magistrates Court within 28 days of the person being notified of the internal review decision.

The magistrate considers the matter afresh, taking into account any evidence put forward by the applicant and the reviewing authority. This evidence may include new information that was not previously available to the Registrar or the reviewing authority.

The original decision made by the reviewing authority remains in force until a magistrate varies it or sets it aside.