How to appeal a decision to refuse the grant of a drivers licence in WA

How to appeal a decision to refuse the grant of a drivers licence in WA

If you (or someone you know) has been refused the grant of a drivers licence you may have a basis to seek a review of that decision through the State Administrative Tribunal (SAT).

The first step after being refused a licence will usually be to write to the Department of Transport seeking an internal review of that decision. If the decision is upheld on review, then from there you may choose to apply to the SAT for an independent determination of the Department’s decision.

The SAT process requires that you file a copy of the refusal decision, your letter to the Department and the Department’s subsequent response. You also have the option of filing any supporting documents, such as photographs or the Department’s own guidelines or standards, if for example it is alleged that the Department’s assessor has not followed a component of an applicable guideline or standard.

An application to the SAT can be filed online via the eCourts portal and you can find helpful information about the process on the SAT website. The Department of Transport ought to also be able to provide you with copies of any documents you require from it upon request, such as a copy of an assessment sheet, or an applicable policy which it alleges you breached during your assessment which resulted in, or contributed to, you failing the assessment.

Finally, if you’ve read this far and you have additional queries, or if you think that you may actually need someone in your corner for your application, then now is probably the time to obtain some practical advice. Austral Legal can help and we offer an initial discounted 30-minute SmartMove appointment for $80 (by phone or in person). Beyond that initial appointment we may be able to offer you a fixed fee for preparing and filing your application, and for representation in the SAT so that you know what your legal costs will be up front. Bookings can be made online through our website (it’s that easy) or by getting in touch on the office line, 08 9745 9550.