If you are involved in the trucking industry you will at some stage need to deal with the National Heavy Vehicle Regulator in order to conduct your business. Since its creation, the Regulator is responsible for the regulation of many aspects of trucking law. Amongst other duties, the issue and manage accreditation schemes, permits and exemptions. Most applications for permits, exemptions and accreditations are usually granted, but it may happen that your application is declined. This can have significant implications for your business. Fortunately, the initial decision does not have to be the final answer. There are remedies available to you.
You can request an internal review of the decision. An internal review involves the Regulator to reconsider its original decision. You are allowed to submit additional information for the review. This new information will be considered with the information that was considered in the initial application. A different person will conduct the review; this ensures a fresh approach with a different set of eyes. After conducting the review, the Regulator will either uphold or change the original decision.
If you are not satisfied with the outcome of the internal review, you can appeal the decision. A Court or Tribunal in your state or territory will hear the appeal. This is an opportunity to have your application heard by an impartial body. The Court or Tribunal will consider all the evidence and then decide whether it will uphold the Regulator’s decision, or whether another decision should have been made.
Lodging your application for an internal review or an appeal does not automatically pause the original decision or denial. If you want to stop the original decision from being enforced pending your review or appeal, you need to make a separate application.
Since the Regulator’s decisions can have a significant impact on your ability to conduct your business, it is always a good idea to seek legal assistance if you are uncertain about the possible outcome of your dealings with the Regulator.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.