Victorian Current Acts Victorian Current ActsS. 169(1) amended by No. 34/2011 s. 25(1).
(1) If subsection (2), (3) or (4) does not apply to an applicant for the issue or renewal of a driver accreditation, the licensing authority may grant the application if the licensing authority is satisfied—
(a) that the issuing of accreditation is appropriate having regard to the public care objective; and
(b) that the applicant—
(i) is technically competent and sufficiently fit and healthy to be able to provide the service; and
S. 169(1)(b)(ii) amended by No. 35/2014 s. 31.
(ii) is a fit and proper person to provide the service; and
(c) that the applicant has complied with the application requirements under this Division.
S. 169(1A) inserted by No. 85/2008 s. 11(1), amended by Nos 19/2010 s. 30(1), 34/2011 s. 25(2), 34/2020 s. 243(1).
(1A) For the purposes of subsection (1), the licensing authority may have regard to whether the applicant has at any time been subject to a relevant disciplinary or regulatory finding within the meaning of the Worker Screening Act 2020 .
S. 169(1B) inserted by No. 19/2010 s. 30(2), amended by No. 34/2011 s. 25(3).
(1B) For the purposes of subsection (1), the licensing authority may have regard to—
(a) an infringement notice that has been served on the applicant in relation to an offence under Part VI or under regulations made for the purposes of that Part or a traffic infringement within the meaning of the Road Safety Act 1986 that—
(i) has not been withdrawn or cancelled; and
(ii) is not deemed to be a charge in relation to the offence by operation of section 40(b) of the Infringements Act 2006 ; and
(b) an infringement notice of the kind referred to in paragraph (a) that has been served on the applicant in relation to an offence referred to in that paragraph in relation to which information lodged under section 71(1)(a) of the Infringements Act 2006 is not deemed to be a charge by operation of section 71(1)(b) of that Act; and
(c) in relation to an infringement notice referred to in paragraph (a) or (b)—
(i) the nature and gravity of the infringement offence for which the infringement notice was served and the offence's relevance to the purpose for which the applicant seeks to be accredited; and
(ii) when the infringement offence for which the infringement notice was served was alleged to have been committed; and
(iii) whether the infringement offence for which the infringement notice was served still exists; and
(iv) the age of the applicant at the time of the infringement offence for which the infringement notice was served; and
(v) the applicant's behaviour since the alleged commission of the infringement offence for which the infringement notice was served; and
(vi) the likelihood of the applicant committing another infringement offence for which the infringement notice was served; and
(vii) whether the infringement offence for which the infringement notice was served has been expiated; and
(viii) whether the decision to serve the infringement notice has been subject to internal review under Division 3 of Part 2 of the Infringements Act 2006 ; and
S. 169(1B)
(c)(ix) amended by No. 49/2014 s. 61(2).
(ix) if the infringement notice was served for a traffic infringement for which demerit points were incurred under Part 4 of the Road Safety Act 1986 , the effect of the operation of that Part on the applicant including the demerit points recorded against the applicant in the Demerits Register kept under that Part; and
(x) if the infringement notice was served for a traffic infringement, whether the applicant made any of the following statements under Part 6AA of the Road Safety Act 1986 in relation to the traffic infringement—
(A) an illegal user statement;
(B) a known user statement;
(C) a sold vehicle statement;
(D) an unknown user statement; and
(xi) if the infringement notice was served for a traffic infringement and the applicant made a known user statement or a sold vehicle statement under Part 6AA of the Road Safety Act 1986 in relation to the traffic infringement, whether a person made a nomination rejection statement under that Part in response to the known user statement or sold vehicle statement; and
S. 169(1B) (c)(xii) amended by No. 34/2011 s. 25(3).
(xii) any information that the applicant has given the licensing authority in relation to the infringement notice, including reasons why the infringement penalty stated in the infringement notice was paid; and
S. 169(1B) (c)(xiii) amended by No. 34/2011 s. 25(3).
(xiii) any other matter that the licensing authority considers relevant.
S. 169(2) amended by No. 34/2011 s. 25(3).
(2) The licensing authority must not issue or renew a driver accreditation if the licensing authority is aware that the applicant—
(a) does not hold either—
(i) a driver licence under the Road Safety Act 1986 ; or
S. 169(2)(a)(ii) amended by No. 34/2011 s. 25(3).
(ii) a probationary driver licence under the Road Safety Act 1986 , where the applicant has also satisfied the licensing authority that he or she is competent to provide the service because he or she has relevant experience or is a person to whom other special circumstances apply; or
(b) has been found guilty of a category 1 offence; or
S. 169(2)(c) substituted by No. 34/2020 s. 243(2).
(c) is a person who is subject to reporting obligations imposed on the person by Part 3 of the Sex Offenders Registration Act 2004 .
S. 169(3) amended by Nos 85/2008 s. 11(2), 34/2011 s. 25(3).
(3) The licensing authority must not issue or renew a driver accreditation if the licensing authority is aware that the applicant is the subject of a charge for a category 1 offence or has been found guilty of a category 2 offence unless the licensing authority is satisfied that the applicant has demonstrated that the issue or renewal of accreditation is appropriate having regard to the public care objective.
S. 169(4) amended by No. 34/2011 s. 25(1).
(4) The licensing authority may refuse to issue or renew a driver accreditation if the licensing authority is aware that the applicant—
(a) has been found guilty of a category 3 offence; or
S. 169(4)(b) amended by No. 85/2008 s. 11(3).
(b) is the subject to a charge for a category 2 offence or category 3 offence that has not been finally disposed of at the time of considering the application.
S. 169(5) amended by No. 34/2011 s. 25(2).
(5) In making a decision under subsection (3) or (4), the licensing authority may have regard to any matter to which a consideration in section 169C(3)(b) would apply.
S. 169(6) amended by No. 34/2011 s. 25(1).
(6) The licensing authority must not make a decision under subsection (3) or (4) to issue or renew an accreditation unless the licensing authority is satisfied of the matters set out in subsection (1)(a) to (c).
S. 169(7) inserted by No. 85/2008 s. 11(4), amended by No. 34/2011 s. 25(2).
(7) The licensing authority must not refuse to issue or renew an accreditation to a person on a ground referred to in subsection (2) if a decision to refuse to issue an accreditation or renew an accreditation or a decision to cancel an accreditation in respect of that person on that ground has previously been overturned by VCAT.
S. 169A inserted by No. 47/2006 s. 14.