South Australian Consolidated Acts South Australian Consolidated Acts98Z—Review by Registrar or review committee
(1) A person who is
aggrieved by a decision of the Registrar under Part 2, 2A, 3, 3A, 3C or 3D
may, within one month of the making of the decision, apply to the Registrar
for a review of the decision.
(2) An application for
a review must be made in accordance with the regulations.
(3) Subject to
subsections (4) and (5), if an application is made under
subsection (1), the Registrar must review the decision to which the
application relates.
(4) If an application
is made under subsection (1) for review of a decision of the
Registrar—
(a) to
exercise any of the powers conferred by section 82; or
(b) to
refuse an application for an instructor's licence on the ground that the
applicant is not a fit and proper person to hold such a licence; or
(c) to
cancel an instructor's licence; or
(d) to
refuse an application for a towtruck certificate or temporary
towtruck certificate; or
(e) to
impose conditions on a certificate issued under Part 3C,
the Registrar must refer the application to the review committee.
(a) an
application for review is made under subsection (1) (other than for a
review of a decision of the Registrar referred to in subsection (4)); and
(b) in
the Registrar's opinion it is desirable that the review be conducted by the
review committee rather than the Registrar,
the Registrar may refer the application to the review committee.
(6) If the Registrar
refers an application for review to the review committee, the Registrar must
notify the applicant in writing of that fact.
(7) The
review committee must review a decision of the Registrar that is the subject
of an application for review referred to it under this section.
(8) The Registrar must
furnish the review committee with any information known to the Registrar that
is relevant to any matter being considered by the committee.
(9) The applicant
must, if so required by the Registrar or review committee—
(a)
appear personally before the Registrar or committee in support of the
application; and
(b)
provide any information sought by the Registrar or committee; and
(c)
verify information provided to the Registrar or committee by statutory
declaration.
(10) The applicant may
be assisted before the Registrar or review committee by an agent or
representative (not being a legal practitioner).
(11) On a review under
this section, the Registrar or review committee may confirm or vary the
decision under review or set aside the decision and substitute a new decision.