On this page: What is an internal review? | Who can apply for an internal review | Application process | Applying for a 'stay' | Next steps | External review
Rail operators may apply for an internal review of most Transport Safety Officers’ (TSO) decisions.
What is an internal review?
An internal review is a process by which the Safety Director, or a delegate of the Safety Director, conducts a review of a TSO decision based on an application by the affected person/s. The decisions that may be subject to review include:
- The serving of and/or amendment of an improvement notice
- The serving of and/or amendment of a prohibition notice
- The certification that requirements of an improvement or prohibition notice have been complied with, or remedied.
An internal review may result in a TSO’s decision being:
- Affirmed
- Varied
- Set aside and substituted with another more appropriate decision, or
- Stayed (suspended) while the review is taking place.
Who can apply for an internal review
Generally, a person who has been directly affected by a TSO decision can apply for an internal review of that decision. Such a person is called an ‘eligible person’. For example, an eligible person may be someone who has been served with an improvement or prohibition notice.
A list of eligible persons is provided in Section 228ZZQ of the Transport Act 1983 (this link will take you to a non-PTSV website).Application process
If you believe that you are an ‘eligible person’ and you want to apply for an internal review of a TSO decision, you should download all three documents from the 'tools and downloads' box on this page. Contact us if you experience difficulties downloading the forms and we will send them to you.
It is important that you read the ‘Overview’ and ‘How to Apply’ documents before completing the application form and that you apply for a review within 28 days of becoming aware of the decision in question.
Applying for a 'stay'
To apply for a 'stay' or suspension of the decision while it is being reviewed, you must contact the Executive Services Officer PTSV by telephone (see the Contact us page for telephone details). If you are telephoning outside standard business hours, you must call the PTSV duty officer on 1800 301 151.
A decision regarding the granting or non-granting of a stay will be made by the Safety Director within 24 hours and you will be notified of the outcome.Next steps
After lodging your application, the PTSV Executive Services Officer will contact you to discuss next steps, including the expected timeframe for conducting the review.
External review
In some cases, you may be able to apply to the Victorian Civil and Administrative Tribunal (VCAT) for the external review of a decision. The decisions which can be reviewed in this way are set out in Sections 87 of the Rail Safety Act 2006 and 228ZZQ of the Transport Act 1983.