AustLII Tasmanian Numbered Regulations

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VEHICLE AND TRAFFIC (REVIEW OF DECISIONS) REGULATIONS 2000 (S.R. 2000, NO. 151) - REG 11

Appeals procedure

(1)  A person’s appeal is to be instituted by a notice of appeal lodged with a district registrar of the Magistrates Court (Civil Division) within 28 days after notice of the finding or determination is given to the person under regulation 9(2) or (9) .
(2)  A notice of appeal lodged after that 28 day period is invalid.
(3)  The notice of appeal is to specify the parties to the appeal, the relevant finding or determination and any grounds of appeal.
(4)  On lodgment of the notice of appeal, the district registrar must –
(a) cause a copy of the notice to be given to the reviewing authority; and
(b) give the parties to the appeal notice of the time and place at which the appeal is to be heard.
(5)  The magistrate hearing an appeal or a party to an appeal may summon a person to appear and give evidence at the hearing of the appeal by serving that person with a summons.
(6)  The magistrate hearing an appeal –
(a) may adjourn the hearing from time to time or from place to place as the magistrate considers appropriate; and
(b) may inform himself or herself on any relevant matter in such manner as he or she considers appropriate; and
(c) must proceed without undue formality and is not bound by the rules of evidence; and
(d) must observe the rules of natural justice; and
(e) may order that the hearing or any part of it be held in private if the magistrate considers that it is appropriate to do so to protect personal or commercial confidentiality or on other reasonable grounds.
(7)  A decision-making authority or reviewing authority must, if directed to do so by the magistrate hearing an appeal, give the magistrate a statement of the reasons for making a decision, finding or determination.
(8)  A party to an appeal must, if directed to do so by the magistrate hearing the appeal, give the magistrate any document or information in the possession or under the control of that party.
(9)  A party to an appeal may be represented at the hearing by a legal practitioner or any other person.
(10)  A magistrate who has heard an appeal must cause a copy of his or her orders and any associated directions to be given to the parties to the appeal without undue delay.



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