When do we take disciplinary action?

1. If you break the rules.
2. If you don’t follow the conditions of your accreditation, authorisation, or permission.
3. If you’re charged with a crime.
4. If you no longer meet the requirements for your accreditation, authorisation, or permission.

CPV disciplinary action

We may issue an improvement notice to deal with a current or likely breach of the:

or to address operations or services that threaten safety.

An improvement notice will require you to take a specified action, before a specified date. Failure to do this is an offence.

You can apply for an internal review of an improvement notice – more details are below.

A prohibition notice stops someone from doing something if there’s proof that it is an immediate risk to safety. It stays in place until we give a certificate saying it’s safe.

You can challenge a prohibition notice – more details are below.

From time-to-time ST Vic may impose a condition on a driver accreditation, requiring you complete a course. If you are advised to complete this – the following list of courses and providers will provide assistance to you:

Course Information Providers
Defensive Driving Course Emphasise the importance of safe driving habits, gain insights into the dangers of alcohol/drug-impaired driving. Metec Driver Training ($275, in person)
Defensive Driving Course Melbourne ($298, in person)
Traffic Offenders Course Enhance understanding of traffic laws and regulations, the dangers of speeding, drink driving, and distracted driving. Road Sense Australia ($185, online)
Atop ($240, online)
Road Trauma Course/ Road Trauma Awareness Seminar To improve driver attitudes and behaviours to support safer road user behaviour. Volunteer speakers will share their unique experiences, inspiring participants to understand the true and impactful reality of road trauma. Amber Community (formerly Road Trauma Support Services Victoria) ($350, in person)
Anger Management/ Domestic Violence Develop skills to create positive outcomes from conflict situations and destructive interactions including domestic violence, road rage and assaults. Anger Course Australia ($199, online)
Australian Online Courses ($189, online)
Life Supports Counselling (cost varies, in person)
Men’s Behaviour Change course Support men in making positive change through encouraging self-reflection and consequences of family violence. Relationships Australia (free, in person)
Relationship Matters ($380, in person)
Introduction to Disability Awareness Course General overview of the legislative framework which supports the inclusion of people with disability in Australia. Disability Awareness (free, online)
Wheelchair Assessable Vehicles Training To operate a WAV, drivers must pass an assessment to obtain ‘W’ endorsement. If incidents occur that require removal of the ‘W’ endorsement, the driver will need to undertake the training again. 13 Cabs ($190, in person) *
Geelong Taxi ($190, in person) *Please note: Drivers will need to email ST Vic at [email protected] to make a booking.

If you fail to provide proof of course completion prior to due date, further disciplinary action may be taken.

Safe Transport Victoria must suspend your CPV or bus driver accreditation if your driver license has been suspended or cancelled.

When your driver licence is current again you can apply to have your driver accreditation reinstated. This means we will either:

  1. Reinstate your driver accreditation, or
  2. Send you a notice of proposed disciplinary action.

Safe Transport Victoria may take disciplinary action if:

  1. you do not comply with a condition of your driver accreditation
  2. you are charged with a criminal offence
  3. you would no longer satisfy a requirement for being accredited, including
    1. that you provide the services consistently with the Public Care Objective
    2. that you are technically competent and sufficiently fit and healthy to provide the services, and
    3. that you perform all the tasks and duties of an accredited driver in an appropriate way.

If Safe Transport Victoria proposes to take disciplinary action against you, we will send you a notice advising you why we are proposing to take disciplinary action and the disciplinary action that we are proposing to take. Once you receive a notice you will be given an opportunity to respond before any disciplinary action is taken.

The following disciplinary actions may be taken:

  • cancel your driver accreditation
  • if your accreditation is cancelled you may be disqualified from applying for accreditation for up to five years
  • suspend your driver accreditation for a period of time or until an event occurs
  • impose a condition on your driver accreditation
  • require you to go to training
  • reprimand you
  • warn you that more serious action may be taken in the future

Safe Transport Victoria must suspend your driver accreditation if you have been charged with a category 1 offence. ‘Category 1 offences’ include:

  • serious violent and sexual offences
  • sexual offences committed against a child or a person with a cognitive impairment
  • serious motor vehicle offences
  • child pornography offences
  • terrorism offences.

If you are found guilty of a category 1 offence, Safe Transport Victoria must cancel your driver accreditation.

If you are found not guilty of a charge for a category 1 offence, then Safe Transport Victoria must re-instate your driver accreditation.

We prosecute when the breach is serious enough, considering the pros and cons for public safety, our resources, and the person responsible.

You can request a review if you disagree with a decision we make. You can also apply for a review if we’ve imposed conditions, revoked or added new ones, issued a written direction, or declared a seized item as forfeited.

If we’ve already had a decision reviewed internally, you cannot apply for another review.

To be eligible to apply for an internal review, you must fall into one of these categories:

  1. You’re applying for driver accreditation or registration.
  2. You’re an accredited driver, a vehicle owner, or a registered BSP.
  3. You’re connected to any of the above in a relevant way.

Here’s how to apply for an internal review:

  1. Fill out the Internal Review form.
  2. Submit the form within 20 business days of receiving the original decision.

You can send the form by email to [email protected] or mail it to:

Senior Lawyer
Safe Transport Victoria
GPO Box 1716 Melbourne
VIC 3001

Once we get your application, you’ll receive a decision within 20 business days. We’ll contact you if we need more information.

After the internal review, we can:

  1. Confirm the original decision.
  2. Modify the original decision.
  3. Replace the original decision with a new one.

If you disagree with the decision, we’ll provide information about your further review options in the decision notice.

Maritime disciplinary action

If a police officer suspects a boat was used in a crime, they can:

  1. Stop anyone from using the boat for up to 48 hours.
  2. Stop the boat’s captain from using it for up to 24 hours or make them take it to the closest docking spot.

Maritime Safety Victoria and Victoria Police also have a general power to direct that a vessel:

  • Must not be operated on State waters
  • May only be operated on State waters on specified conditions for a specified period.

If a boat seems unsafe, we might temporarily keep it and check its condition and equipment. When we get the report, we can either:

  1. Release the boat if it’s safe.
  2. Keep the boat until it meets safety requirements..

We use these instructions or notices when:

  1. There’s a serious safety risk based on the evidence.
  2. This is the best way to address the risk.
  3. The person responsible for the boat’s safety has a history of not following rules.

We might conduct an inquiry to decide if there’s a good reason to take disciplinary action. We do this when:

1. There’s a serious safety problem or risk.
2. Someone is accused of a major violation of safety laws related to transportation.
3. A significant incident or accident has occurred.
4. The issue has such a big impact that it’s in the public interest for us to investigate.
5. An inquiry is the best way to handle the situation because there isn’t enough evidence for enforcement action.
6. The matter falls within our current safety focus areas.

If we hold an inquiry, the person being investigated will be treated fairly.

Generally, the safety issue should be more severe than what a regular compliance investigation or inspection can handle (for example, where it is necessary to temporarily suspend a permission).

We also have the authority to investigate transportation safety issues, including violations of safety laws, with the purpose of taking legal or disciplinary action.

Suspending or canceling a permission is a very strong action, and it’s only done when:

1. It’s absolutely necessary to protect public safety in transportation.
2. The person or organization with the permission has seriously broken the safety rules.

We consider:
– How risky their actions were and if they caused harm or death.
– How their actions affected others or the public.
– If they’ve broken the rules before.
– If their actions were a one-time mistake or part of a bigger safety problem.
– If they tried to hide what they did.

3. If there’s no other way to fix the safety problem using rules or tools.
4. The punishment matches the risk.
5. The punishment is fair and reasonable in the situation.