❓ Hon Aaron Stonehouse questions why decisions under regulation 235 of the Road Traffic (Vehicles) Regulations 2014 (vehicle alterations) are not appealable to the State Administrative Tribunal (SAT). The Minister for Transport responds that appeals are not allowed due to the technical expertise required, but the Department of Transport will review new evidence.
AnsweredQoN 1197Legislative Council
QuestionView source ↗
ROAD TRAFFIC (VEHICLES)
REGULATIONS — APPEALS
1197. Hon AARON STONEHOUSE to the minister representing the
Minister for Transport:
I refer the minister to the Road
Traffic (Vehicles) Act 2012 and the associated Road Traffic (Vehicles)
Regulations 2014, and note that most regulations, which are subject to the discretion
of the executive, can be appealed to the State Administrative Tribunal.
(1) Why is it
that decisions made under regulation 235 of the Road Traffic (Vehicles)
Regulations 2014, which deal with alterations to vehicles, are not open to such
an appeal?
(2) If it was an
oversight, rather than an intentional omission during the drafting process,
does the government have any plans to rectify the situation and allow for SAT
appeals in the future?
REGULATIONS — APPEALS
1197. Hon AARON STONEHOUSE to the minister representing the
Minister for Transport:
I refer the minister to the Road
Traffic (Vehicles) Act 2012 and the associated Road Traffic (Vehicles)
Regulations 2014, and note that most regulations, which are subject to the discretion
of the executive, can be appealed to the State Administrative Tribunal.
(1) Why is it
that decisions made under regulation 235 of the Road Traffic (Vehicles)
Regulations 2014, which deal with alterations to vehicles, are not open to such
an appeal?
(2) If it was an
oversight, rather than an intentional omission during the drafting process,
does the government have any plans to rectify the situation and allow for SAT
appeals in the future?
AnswerView source ↗
I thank the honourable member for
some notice of the question. The following information has been provided by the
Minister for Transport.
(1)–(2) Decisions
made under regulation 235 are based on an objective examination of a vehicle's
modifications against the technical vehicle standards of safety that are set
under the Australian Design Rules. The regulations do not provide for a formal
review by the State Administrative Tribunal due to the high level of technical
knowledge required to make these determinations. However, when an appeal is
lodged by an applicant seeking a modification, the Department of Transport and
its CEO will review any new evidence supporting the vehicle's
compliance and safety under the ADR.
some notice of the question. The following information has been provided by the
Minister for Transport.
(1)–(2) Decisions
made under regulation 235 are based on an objective examination of a vehicle's
modifications against the technical vehicle standards of safety that are set
under the Australian Design Rules. The regulations do not provide for a formal
review by the State Administrative Tribunal due to the high level of technical
knowledge required to make these determinations. However, when an appeal is
lodged by an applicant seeking a modification, the Department of Transport and
its CEO will review any new evidence supporting the vehicle's
compliance and safety under the ADR.
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