17 August 2020
If you are unhappy with certain decisions under the Heavy Vehicle National Law (HVNL) there is a scheme by which you can seek to have the decision set aside or substituted under Part 11.2 and 11.3 of the HVNL. This article provides a general guide for internal reviews process.
Step 1: Is a decision that has been imposed on you one that can be internally reviewed?
Not all decisions under the HVNL are ‘reviewable decisions’ that you can ask the National Heavy Vehicle Regulator (NHVR) to review.
To find out if the decision before you is one that can be internally reviewed, you can look at Schedule 3 of the HVNL. It lists all the decisions for which you can seek internal review. For example, the list includes the following ‘reviewable decisions’.
Step 2: Are you someone that can apply for internal review?
To apply for internal review, you must be a ‘dissatisfied person’. A dissatisfied person is:
Step 3: Are you within time to apply for a review of the reviewable decision?
The general rule is that you must apply for internal review within 28 days after:
If the 28 day period has expired then you can apply to the NHVR for an extension of time. You can include in your extension of time application reasons for your delay, for example, if the delay was a result of factors beyond your control then that would weigh in favour of an extension of time.
Step 4: Check that you have a statement of reasons
Some reviewable decisions require the decision maker to provide reasons for original decision.
Requesting and obtaining a statement of reasons can be helpful to prepare the grounds for your internal review application as it offers insight into factors and materials the decision maker considered when making the original decision.
Step 5: Preparing your application to the Regulator
A review application must be:
Step 6: Lodging the application
The NHVR website and forms identify options for lodgement of an internal review application. Often original decisions will include details of where to lodge internal review applications, for example it may include details of local regulators which have delegated power to conduct internal reviews, such as Transport for New South Wales or Queensland Department of Transport and Main Roads.
Step 7: The review decision
The reviewer must give you notice of the review decision within the period prescribed by the HVNR (usually 28 days from the date of your application). If the reviewer does not give its decision within that period, the original decision is taken to be confirmed.
The review decision must include reasons for the decision and details for appeal.
Author: Rebecca Niumeitolu
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.