In certain circumstances, a person affected by a decision of the National Heavy Vehicle Regulator (NHVR) (a Dissatisfied Person), can ask the NHVR to review a decision it has made (an Internal Review). Decisions which can be reviewed are listed in Schedule 3 of the Heavy Vehicle National Law (HVNL) or under regulations.
Reviewable decisions include an NHVR decision to:
- not grant an access permit
- not grant a vehicle standards exemption (permit)
- grant a vehicle standards exemption (permit) for a period less than the period (of not more than 3 years) sought by the applicant
- impose on a vehicle standards exemption (permit) a condition not sought by the applicant
- not make a decision sought in an application for amendment or cancellation of a vehicle standards exemption (permit)
- amend or cancel a vehicle standards exemption (permit)
- immediately suspend a vehicle standards exemption (permit)
- not give a replacement permit for a vehicle standards exemption (permit)
- not grant an AFM or BFM
- issue or not amend a prohibition or improvement notice.
A Dissatisfied Person may also seek an Internal Review of a Road Manager decision. You must apply for an Internal Review:
- in writing, stating:
- your name
- the decision you want reviewed
- the grounds on which you want the decision reviewed.
- within 28 days of being notified about the decision, or
- within 28 days after receiving a statement of reasons, if an information notice has not been provided and a statement of reasons has been requested.
A person other than the decision maker who is of equal or higher rank than the original decision maker will conduct the Internal Review.
An Internal Review may confirm the original decision, amend the original decision, or substitute a new decision for the original decision.
The NHVR must notify the applicant of the outcome of the Internal Review within 28 days of lodgement of the review (except for a Road Manager decision, which must be notified to the applicant within 3 months).
Once the Internal Review decision has been made, the NHVR will provide the Applicant Dissatisfied Person with a notice outlining the decision and any appeal rights.
Note: Filing an Internal Review application does not stay the original decision. The original decision continues in force until it is amended or substituted, or until it is stayed by the Relevant Appeal Body. An applicant must apply to the Relevant Appeal Body to stay the decision.
An appeal against a reviewable decision is heard by the Relevant Appeal Body, which is external to the NHVR.
An appeal can only be lodged after an internal review has been completed. Appeals that are lodged before an internal review are invalid and cannot be heard.
You can appeal to the Relevant Appeal Body in the relevant jurisdiction (for example, the Queensland Civil and Administrative Tribunal) regarding a review decision of the NHVR. You can do so up to 28 days after:
- the NHVR gives the review decision to the applicant, or
- the end of the internal review period, if the NHVR does not make a review decision within the period allowed.
This period can be extended by the Relevant Appeal Body, but the review notice decision remains in effect until the appeal has been heard or the Relevant Appeal Body places a stay on the NHVR decision.
The procedures for an appeal are those of the Relevant Appeal Body. You will need to contact the Relevant Appeal Body or your legal advisor for details on these procedures.
Note: Filing an appeal with the Relevant Appeal Body does not stay the Internal Review decision. The Internal Review decision remains in force until the end of the Appeal. In order to stay the Internal Review Decision, you must make a stay application to the Relevant Appeal Body.
|Jurisdiction||Relevant Appeal Body|
|Australian Capital Territory||ACT Magistrates Court|
|News South Wales||NSW Local Court|
|Queensland||Queensland Civil and Administrative Tribunal (QCAT)|
|South Australia||SA District Court (Administrative and Disciplinary Division)|
|Tasmania||Tasmanian Magistrates Court (Administrative Appeals Division)|
|Victoria||Victorian Civil and Administrative Tribunal (VCAT)|
Note: The Relevant Appeal Body is determined by the location of the subject of the decision as per section 640 of the HVNL.