ST Vic Disciplinary Process

If you have received a letter titled “Application for Issue of Driver Accreditation” or “Application for Issue of Driving Instructor Authority”, this means that ST Vic has concerns around your application for DA or DIA. Concerns can range from: criminal history, pending criminal charges, medical fitness or any other matter ST Vic is concerned with that directly relates to your fitness to work within the commercial passenger vehicle, bus or driving instructor industries. The notice will:

• Specify the concerns we have
• Outline relevant legislation
• Invite you to make a submission by a due date.

The potential outcomes of this notice are Approval (with or without conditions), or Refusal.

If you have received a letter titled “Approval of application for Driver Accreditation” or “Approval of application for Driving Instructor Authority”, this means that ST Vic has arrived at a decision about the concerns outlined in our previous letter, and have decided that you meet the standard required to hold accreditation. An approval letter will not contain the written reasons for our decision, but these are available on request.

ST Vic can also impose conditions when approving an application. This typically takes the form of requiring the applicant to complete a course of training to ensure they can meet industry standards. The letter will explain why this condition is necessary, with regards to the relevant legislation.

If you have received a letter titled “Refusal of application for Driver Accreditation” or “Refusal of application for Driving Instructor Authority”, this means that Safe Transport Victoria has arrived at a decision about the concerns outlined in our previous letter, and have decided that you do not meet the standard required to hold accreditation. In arriving at a decision, we take into consideration any submissions you have made, what our concerns are, relevant legislation and the relevance to your ability to hold an accreditation or authority.

The Refusal of Application will:

• Outline the concerns we had
• Outline relevant legislation
• Analyse any submissions made by you
• Provide the reasons why a decision has been made
• State any period of disqualification

In some instances, ST Vic is required by law to refuse an application for Driver Accreditation, without providing the applicant with an opportunity to address our concerns. This happens if an applicant has been found guilty of certain serious criminal offences (i.e. murder, rape, make threat to kill).

If your application has been refused on these grounds, this decision can only be reviewed by the Victorian Civil and Administrative Tribunal (VCAT).

If you have received a letter titled “Notice of Proposed Disciplinary Action”, this means that ST Vic has concerns around your ability to hold Driver Accreditation or Driver Instructor Authority. Concerns can range from: criminal history, pending criminal charges, medical fitness or any other matter ST Vic is concerned with that directly relates to your work within the commercial passenger vehicle, bus or driving instructor industries.

The notice will:

• Specify the concerns we have
• Outline relevant legislation
• Propose a course of disciplinary action we are considering
• Invite you to make a submission by a due date.

You may choose to speak to a solicitor or community law centre for advice about this notice.

If you have received a letter titled ‘Notice of Decision”, this means that ST Vic has arrived at a decision about the concerns outlined in the previous “Notice of Proposed Disciplinary Action”. In arriving at a decision, we take into consideration any submissions you have made, what our concerns are, relevant legislation and the relevance to your ability to hold an accreditation or authority.

The Notice of Decision will:

• Outline the concerns we had
• Outline relevant legislation
• Analyse any submissions made by you
• Provide the reasons why a decision has been made
• States the decision made

If you have received either a Mandatory Suspension or Mandatory Cancellation notice from us, this decision can not be overturned by ST Vic. This is because the law states that certain offences (i.e make threat to kill, murder, rape) must be issued with a prescribed outcome.

You can only have these matters overturned by the VCAT.

If you have received a “Notice of Immediate Suspension” from us, this is because we have a formed a reasonable belief that a concern exists that would pose an immediate risk to the public or the serious misconduct has occurred. You can not apply for an internal review of the decision to issue you this notice.

A “Notice of Immediate Suspension” will be accompanied with a “Notice of Proposed Disciplinary Action”.

This part of the notice is reviewable.

Our decision makers are Delegates under various legislation to make a decision on your case.

We will make our decisions:

• Without bias
• Applying the principles of natural justice
• Considering all relevant information
• Taking into consideration your submission
• Applying the elements set by legislation

Safe Transport Victoria acts upon the information it received from Victoria Police and the Australian Criminal Intelligence Commission. If you disagree with your criminal history record, you must follow the instructions laid out on your Notice to contest this.

Safe Transport Victoria may issue you with a “Notice of Proposed Disciplinary Action” if you have failed to comply with your medical reporting requirements through the normal channels, or if we have recently become aware of a medical condition that could compromise your ability to safely drive commercial passenger vehicles.

This notice will lay out:

• Why we are concerned you are not sufficiently fit and healthy
• The commercial medical standard you must meet to continue holding driver accreditation
• What report/s you will need to provide, from which GP or specialist, and what that report must address.
• The proposed disciplinary action if you do not provide the requested report/s.

If you receive a “Notice of Decision regarding Disciplinary Action”, this means that Safe Transport Victoria has arrived at a decision on our concerns as laid out in our previous “Notice of Proposed Disciplinary Action”. In arriving at a decision, we assess whether or not you now meet the relevant medical standards laid out in the Austroads “Assessing Fitness to Drive” document.

We will consider:

• Any medical reports submitted by you
• Any relevant legislation
• The advice of our independent medical panel, where necessary.

If you now meet the required medical standards, we will advise as much, and let you know if/when further medical reports are due.

If you do not meet the standards, your accreditation will typically be cancelled, and you will need to provide reports proving you now meet the medical standards if you reapply.

If you have received a “Notice of Immediate Suspension” alongside your “Notice of Proposed Disciplinary Action” from us, this is because we have a formed a reasonable belief that a concern exists that would pose an immediate risk to the public. This is typically if we become aware of a recent medical event that would prevent you from driving commercial passenger vehicles for a period (i.e. recent surgery, recent heart attack, epileptic fit). You cannot apply for an internal review of the decision to issue you this notice.

We understand that the court process can be confusing. Generally, if you have been to court over a criminal matter and that charge was not struckout/withdrawn, squashed, not proven or dismissed, you will likely have a finding of guilt for that charge.

If a court sentences you without a conviction, this still means you have been found guilty of that offence.

If court sentences you with a conviction, this means you have been found guilty of that offence.

Receiving a Notice of Proposed Disciplinary Action from us is serious and could result in the loss of your Accreditation or Authority. The disciplinary action we are proposing will be present on the notice.

In most instances our decision can be reviewed, however:

• If you have been mandatory refused or cancelled, you cannot seek internal review, regardless of any other circumstances. You must make an application to the Victorian Civil and Administrative Tribunal to have our decision reviewed. www.vcat.vic.gov.au
• You can make an application for internal review for other decisions. This means a new decision maker will look at all the facts of your case before making a fresh decision. The application for internal review can be found at: www.safetransport.vic.gov.au
• If you are a Driving Instructor, you must make an application to have the decision reviewed by the Magistrates Court. www.mcv.vic.gov.au