Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006) - SECT 87

    (1)     The following table sets out—

        (a)     decisions made under this Act that are reviewable in accordance with this Part ( "reviewable decisions" ); and

        (b)     who is eligible to apply for a review of a reviewable decision (the "eligible person" in relation to the reviewable decision).

    (2)     To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Act.

    Note:     Under section 4 of that Act, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision.

Item	Provision under which reviewable decision is made	Eligible person in relation to reviewable decision
1.	Division 2 of Part 5 (refusal to accredit)	(1)     A rail infrastructure manager who has applied to be accredited in respect of the rail infrastructure operations the rail infrastructure manager carries out. (2)     A rolling stock operator who has applied to be accredited in respect of the rolling stock operations the rolling stock operator carries out.
Item	Provision under which reviewable decision is made	Eligible person in relation to reviewable decision
2.	Section 42(2) (issue of written notice)	A rolling stock operator and rail infrastructure manager to whom a written notice has been issued.
3.	Section 42(4) (direction)	A person given a direction under section 42.
4.	Section 43 (direction to co-ordinate accreditation applications)	A person given a direction under section 43.
5.	Section 44 (failure to accredit within period of time specified in the section or the extended period)	A rail infrastructure manager who has applied to be accredited in respect of the rail infrastructure operations the rail infrastructure manager carries out.     A rolling stock operator who has applied to be accredited in respect of the rolling stock operations the rolling stock operator carries out.
6.	Section 46 (decision to impose conditions or restrictions of accreditation)	An accredited rail operator whose interests are affected by the decision.
7.	Section 53 (refusal to grant variation of condition or restriction of accreditation)	An accredited rail operator whose interests are affected by the decision.

Item	Provision under which reviewable decision is made	Eligible person in relation to reviewable decision
8.	Section 53 (refusal to agree to revocation of condition or restriction of accreditation)	An accredited rail operator whose interests are affected by the decision.
9.	Section 54 (refusal to grant variation of accreditation)	An accredited rail operator whose interests are affected by the decision.
10.	Section 55 (variation of condition or restriction of accreditation)	An accredited rail operator whose interests are affected by the decision.
11.	Section 55 (revocation of condition or restriction of accreditation)	An accredited rail operator whose interests are affected by the decision.
12.	Section 55 (imposition of new condition or restriction of accreditation)	An accredited rail operator whose interests are affected by the decision.
13.	Section 56 (refusal to consent to surrender of accreditation)	An accredited rail operator whose interests are affected by the decision.
14.	Section 58 (immediate suspension of accreditation)	An accredited rail operator whose interests are affected by the decision.

Item	Provision under which reviewable decision is made	Eligible person in relation to reviewable decision
15.	Section 59(3) (decision as to any one or more of the things listed in section 59(3)—for example, suspend or immediately cancel an accreditation or disqualify a person from holding an accreditation)	(1)     An accredited rail operator whose interests are affected by the decision. (2)     A person who was previously an accredited rail operator whose interests are affected by the decision.
16.	Section 63 (refusal to grant exemption)	(1)     A rail infrastructure manager who carries out rail infrastructure operations using or in relation to a private siding. (2)     A rolling stock operator who carries out rolling stock operations in a private siding.
17.	Section 64 (decision to revoke exemption granted under section 63)	(1)     An exempted rail infrastructure manager (within the meaning of section 64(4)) whose interests are affected by the decision. (2)     An exempted rolling stock operator (within the meaning of section 64(4)) whose interests are affected by the decision.

Item	Provision under which reviewable decision is made	Eligible person in relation to reviewable decision
18.	Section 66 (refusal to grant exemption)	An accredited tourist and heritage railway operator (within the meaning of section 66(1)) whose interests are affected by the decision.