Contributors

Peter Lynch

Lawyer

Madeleine Lynch

Lawyer, Fitzroy Legal Service

The right to appeal

Last updated

1 July 2021

VicRoads

Drivers whose licences have been cancelled, suspended or varied by VicRoads can appeal the decision in the Magistrates’ Court (s 26(1) Road Safety Act 1986 (Vic) (‘Road Safety Act’)), 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 Road Safety Act).

Courts

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 hearing, 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.

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