Drivers whose licences have been cancelled, suspended or varied by VicRoads can The review of the decision of a lower court by a higher court. If an appeal is successful, the higher court can change the lower court’s decision. the decision in the Magistrates’ An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. (s 26(1) Road Safety A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation.), but the court’s decision is final (s 26(4)). Appeals to the Magistrates’ Court about VicRoads’ demerit points decisions are limited to matters about the miscalculation of points (s 46H).
Anyone disqualified from obtaining a licence or permit, or whose licence or permit is cancelled, suspended or varied by a Magistrates’ Court order, may appeal to the County Court against this decision (s 29(1) Road Safety Act). This appeal must be filed at the court within 28 days of the court order being made. A person is not allowed to drive in the period between filing an appeal and the appeal The time and place at which a court or tribunal hears the parties argue their case and makes a decision., unless the court grants permission to do so (s 29(2) Road Safety Act). Drivers considering an appeal should bear in mind that a more severe penalty may be imposed by a County Court judge.