Decision to amend, suspend, cancel or refuse operator accreditation

Reviewable decisions affecting operator accreditation

If you have been affected by certain decision relating to operator accreditation, you may apply to us for an internal review of that decision.

If you are not satisfied with the outcome of the internal review, you may apply to the Queensland Civil and Administrative Tribunal (QCAT) for an external review of the review decision.

You may apply to us for an internal review if you’re affected by the following reviewable decisions:

• to refuse to grant or renew operator accreditation
• to amend, suspend or cancel operator accreditation.

Applying for an internal review

If you’re affected by a reviewable decision, you may apply to us to review that decision. This process is referred to as an internal review of the original decision.

Timeframe for application

• You must apply within 28 days after we give you the notice of the original decision and the reason for it.
• If the notice of the original decision does not include reasons, you may request these within 28 days of receiving the decision. Once we provide the reasons, you must apply for the review within 28 days.
• We may extend the timeframe for applying for a review in certain circumstances.

How to apply

• Submit your application in writing, detailing the grounds for seeking a review of the original decision.

Applying for a stay of the original decision

If you apply for an internal review, you may also apply to QCAT to have our original decision paused. This is called a stay of the decision.

How to apply for a stay

• Information on lodging an application for a stay of the original decision to QCAT can be found on the QCAT website or by contacting QCAT on 1300 753 228.
• Your application should state the reasons you are applying for the stay and comply with the QCAT Rules.

Effect of a stay

• If a stay is granted and your operator accreditation is current, you may continue to operate until the internal review is completed or for the period specified by QCAT. If your application to renew your operator accreditation has been refused, you cannot provide services after the expiry date of your current accreditation, even if a stay is granted.
• If your new application is refused, you cannot operate as you do not hold a current accreditation.

Duration of the stay

• A stay may remain valid until the outcome of any subsequent external review or for a period specified by QCAT.
• If no date is set, the stay ends when you’re notified of the outcome of original decision review.
• A stay does not affect the original decision unless QCAT orders otherwise.

Internal review decisions

We will provide you with a written notice of the review decision within 28 days of receiving your application. The review decision will either:

• confirm the original decision
• amend the original decision
• substitute a new decision.

If the review decision is unfavourable

If the review decision is not the outcome you sought, we will issue you a QCAT Information Notice, which will include:

• details of the review decision and the reasons for it
• your right to apply to QCAT for an external review of the decision
• your right to apply to QCAT for a stay of the reviewed decision.

Applying for an external review

If you are not satisfied with the internal review decision, you may apply to QCAT for an external review.

Timeframe for application

• You must apply to QCAT within 28 days of being notified of the internal review decision and the reasons for it.
• QCAT may extend this timeframe in certain circumstances.

Application process

• Applications must be accompanied by the prescribed application fee.
• For more information on QCAT fees and the review process, visit the QCAT website or contact QCAT on 1300 753 228.

References

Legislation: Transport Operations (Passenger Transport) Act 1994 (PT Act)

• Section 17: Refusal to grant or renew operator accreditation.
• Section 20: Amendment, suspension, or cancellation of operator accreditation.
• Section 102: Internal review of decisions.
• Section 103: External review of decisions.
• Schedule 2: Reviewable decisions.

Read the full PT Act on the  Queensland Legislation website.

Transport Operations (Passenger Transport) Regulation 2018 (PT Regulation)

• Schedule 6: Reviewable decisions.

Read the full PT Regulation on the Queensland Legislation website.