Requesting a review
Eligible persons may apply for an internal review of a decision we make. This page provides an overview of the review process.
Please note: a separate procedure exists for internal reviews of transport safety infringement notices.
What is an internal review?
An internal review is when TSV or a delegate conducts a review of a decision made by the Safety Director or a transport safety officer (TSO).
Decisions that may be subject to review include:
- Serving of and/or amending an improvement notice
- Serving of and/or amending a prohibition notice
- Certifying that requirements of an improvement or prohibition notice have been complied with, or remedied.
The TSO's decision may be suspended while the review is taking place.
An internal review may result in a TSO's decision being:
- Affirmed
- Varied
- Set aside and substituted with another more appropriate decision.
Who can apply for an internal review?
A person directly affected by a TSO decision is an 'eligible person' and can apply for an internal review. For example, you would count as an 'eligible person' if you have been served with an improvement or prohibition notice.
The following table provides a summary of reviewable decisions with a list of people eligible to apply for a review of that decision.
Provision under which reviewable decision is made | Eligible person in relation to reviewable decision |
|---|---|
Section 33 - forfeiture of seized thing | The person entitled to the thing. |
Section 50 - Service of improvement notice | The person on whom the improvement notice is served. An operator of a bus service whose interests are affected by the decision. |
Section 59 - Extension of time for compliance with improvement notice | The person on whom the improvement notice is served. An operator of a bus service whose interests are affected by the decision. |
Section 54 - Amendment of improvement notice | The person served with the improvement notice that is being amended. An operator of a bus service whose interests are affected by the decision. |
Section 56 - Clearance certificate to the effect that all or any specified requirements of improvement notice have been complied with | The person on whom the improvement notice was served. An operator of a bus service whose interests are affected by the decision. |
Section 60 - Service of prohibition notice | The person on whom the prohibition notice is served. An operator of a bus service whose interests are affected by the decision. |
Section 64 - Amendment of prohibition notice | The person served the prohibition notice that is being amended. An operator of a bus service whose interests are affected by the decision. |
Section 66 - Certificate that prohibition notice matters have been remedied | The person served the prohibition notice. An operator of a bus service whose interests are affected by the decision. |
Section 71 - Service of non-disturbance notice | The person on whom a non-disturbance notice is served. An operator of a bus service whose interests are affected by the decision. |
Section 74 - Service of subsequent non-disturbance notice | The person on whom a subsequent non-disturbance notice is served. An operator of a bus service whose interests are affected by the decision. |
Section 90 - Direction to take specified action following safety report (specific to bus) | The operator of a bus service given the direction. |
Application process
If you want to apply for an internal review, please submit one of the below forms with supporting information.
- Transport safety: Application for Internal Review – TSSCEA decision DOCX, 158.9 KB
- Maritime safety: Application for Internal Review – MSA decision DOCX, 63.5 KB
You must apply for a review within 28 days of becoming aware of the decision in question.
Applying for a 'stay'
To apply for a 'stay' or suspension of the decision while it is being reviewed you must contact us.
- During business hours, contact the relevant Branch by calling 1800 223 022.
- Outside business hours you must contact the TSV Duty Officer on 1800 301 151.
A decision regarding the stay will be made within 24 hours and you will be notified of the outcome.
Next steps
After receiving an application for a review, we will contact the applicant to discuss next steps, including the expected timeframe for completion.
External review
An eligible person may also be able to apply to the Victorian Civil and Administrative Tribunal (VCAT) for an external review of a decision. Contact VCAT for details of this process.
What do I do if I've received an infringement notice?
Infringement notice options
If you have received a transport safety infringement notice, you have several options:
- Pay the fine: You can pay in full.
- Pay by instalments: Your financial status or concession card may mean you are eligible to apply to pay by instalments.
- Request a review: If you believe you’ve been unfairly issued with a fine or that there is a valid reason why your fine should be withdrawn, you can request a review by Transport Safety Victoria.
- Go to court: If you don’t want your offence to be dealt with as an infringement, you can choose to have the matter heard in court. Before you apply to go to court, you may wish to consider requesting a review instead.
Find out more about these options on the Fines Victoria website.