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Appeals against licence suspension

If decision made by VicRoads

A person can apply to the Magistrates' Court if VicRoads has decided to refuse, vary or suspend a driver licence.

A person who wants to challenge the VicRoads decision has to file a notice of appeal within 28 days. Time is calculated from the date that the driver is notified about the VicRoads decision.

This does not apply if VicRoads suspends a driver licence because of demerit points.

See s. 26—Road Safety Act 1986 (Vic)(opens in a new window).

If the suspension is due to too many demerit points

Where VicRoads has suspended a driver licence because the driver has accumulated too many demerit points, the driver may only lodge an appeal in very limited circumstances. Appeals are usually only possible when VicRoads has made a clerical error when calculating the number of demerit points.

See s. 26AA—Road Safety Act 1986 (Vic)(opens in a new window) and Appeals against demerit points.

If disqualified from driving by a magistrate

A driver who has been disqualified from driving or whose licence or permit has been suspended or cancelled by an order from the Magistrates' Court may appeal to the County Court. The procedure is set out in the Criminal Procedure Act 2009 (Vic) and is the same as the appeal process where a person has been convicted of a summary offence.

See Criminal Procedure Act 2009 (Vic)(opens in a new window) and Lodging an appeal.

If appealing a decision of the Children's Court

If the driver was disqualified from driving by the Children's Court, the driver may appeal to the County Court unless the original decision was made by the President of the Children's Court. Any appeal of a decision by the President must be heard in the Supreme Court.

See Who is a child?

No automatic stay of original court decision

The Magistrates' or Children's Court decisions stand unless the court that made the order agrees to stay the operation of the order until the appeal is heard.

See s. 29(2)—Road Safety Act 1986 (Vic)(opens in a new window).

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 24—power of VicRoads to cancel, vary or suspend a licence or permit according to the regulations
  • s. Appeals to magistrates court about a VicRoads decision to cancel, vary or suspend a licence or permit
  • s. 29—appeal against disqualification, cancellation, suspension or variation
  • s. 26—Appeal to Magistrates' Court
  • s. 26AA—Appeal to Magistrates' Court for demerit points

See Road Safety Act 1986 (Vic)(opens in a new window).

Road Safety (Drivers) Regulations 2019 (Vic)

  • Part 3 Div 2—variation, suspension and cancellation by VicRoads
  • Part 5—review and appeal rights (from decisions by VicRoads)
    • Division 3—appeals to the magistrate
      • r. 95—time for appeal

See Road Safety (Drivers) Regulations 2019 (Vic)(opens in a new window).

Children, Youth and Families Act 2005 (Vic)

  • Chapter 5 Part 5.4 Div 1—Appeals

See Children, Youth and Families Act 2005 (Vic)(opens in a new window).

Criminal Procedure Act 2009 (Vic)

  • Chapter 6, Part 6.1—appeals to the County Court

See Criminal Procedure Act 2009 (Vic)(opens in a new window).

Updated