Chapter 4Review of decisions#

65Internal review of decisions#

(1)A person whose interests are affected by a decision described in schedule 3 (the original decision) may ask the chief executive to review the decision.
(2)The person is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision.
(3)The Transport Planning and Coordination Act 1994, part 5, division 2—
(a)applies to the review; and
(b)provides—
(i)for the procedure for applying for the review and the way it is to be carried out; and
(ii)for when the person may apply to QCAT to have the original decision stayed.
(4)In this section— chief executive means, if the original decision is made by the commissioner, the commissioner.

65AExternal review of decisions#

(1)If a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision.
(2)The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision.
(3)If the decision is a prescribed authority decision or an automatic interlock extension decision, QCAT can not make an order staying the operation of the decision.
(4)In this section— automatic interlock extension decision means an automatic extension of a person’s prescribed period taken to be a decision under section 91VA.

chief executive means, if the reviewed decision is made by the commissioner, the commissioner. prescribed authority decision means a decision to withdraw a person’s authority to drive, or learn to drive, on a Queensland road under a non-Queensland driver licence if the reason, or 1 of the reasons, for the decision is the person’s mental or physical incapacity. QCAT information notice means a notice complying with the QCAT Act, section 157(2). reviewed decision means the chief executive’s decision on a review under section 65.