Victorian Consolidated Regulations Victorian Consolidated RegulationsReg. 93(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(a)).
(1) Subject to subregulation (2), an affected person may within 28 days after the date of the notice about the relevant decision, apply to the Secretary for an internal review of the decision.
Reg. 93(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(a)).
(2) An affected person may apply to the Secretary for an internal review of a relevant decision under paragraph (c) of the definition of relevant decision in regulation 91 within 28 days after the later of—
(a) the date of the notice about the relevant decision; or
(b) the date on which the relevant decision takes effect.
(3) A relevant decision cannot be reviewed by the person who made the decision.
Reg. 93(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(a)).
(4) After considering an application for review, the Secretary must—
(a) subject to subregulation (5), affirm the relevant decision; or
(b) vary the relevant decision; or
(c) revoke the relevant decision.
Reg. 93(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(b)).
(5) The Secretary may affirm a decision under section 50AAAB of the Act not to remove an alcohol interlock condition on the basis of a partial analysis as to whether the affected person complied with the prescribed alcohol interlock usage data requirements if it is the opinion of the person conducting the review that the partial analysis reveals that the affected person has failed to comply with those requirements.
Example to reg. 93(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(c)).
Example
The Secretary, under section 50AAAB of the Act, decides to not remove an alcohol interlock condition imposed on a person's driver licence on the basis of multiple tampering events. The affected person seeks internal review of that decision.
The person reviewing the decision concludes that a tampering event occurred in the last operating month within the meaning of regulation 32(3), and therefore the affected person must remain subject to the alcohol interlock condition.
The person reviewing the decision is not required to consider whether any earlier alleged tampering events are accurately recorded because the analysis of the most recent tampering event establishes that the affected person has not complied with the prescribed alcohol interlock usage data requirements.
Reg. 93(6) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(d)).
(6) The Secretary must give the affected person written notice of the Secretary's decision within 28 days after the day on which the application for the internal review is received by the Secretary.
Reg. 93(7) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 75(e)).
(7) A relevant decision that is subject to an internal review is taken to be affirmed by the Secretary if the Secretary does not given written notice of the Secretary's decision under subregulation (6) to the affected person within the time specified in that subregulation.
(8) An application for an internal review of a relevant decision does not stay the operation of the decision.
Division 3—Appeals to Magistrates' Court