Fines Enforcement and Debt Recovery Act 2017

A debtor aggrieved by a decision of the Chief Recovery Officer on an internal review to confirm or vary a determination may apply to the Court for review of the decision.

In proceedings under this section, the Chief Recovery Officer bears the onus of proving the correctness of the decision.

If the Chief Recovery Officer did not give reasons in writing at the time of making the decision, the Chief Recovery Officer must do so on request made within 28 days of the making of the decision.

An application under subsection (1) must be made—

within 28 days of the making of the decision; or

if a request for reasons in writing is made under subsection (3)—within 28 days after receipt of the reasons in writing.

The Court may, in the Court's discretion, extend the time for making an application under this section even if the time for making the application has ended.

A proceeding on an application made to the Court under this section is a minor statutory proceeding for the purposes of the Magistrates Court Act 1991 unless the amount of the debt to which the determination confirmed or varied by the Chief Recovery Officer relates exceeds $12 000.

On an application under this section, the Court may—

confirm or reverse the decision of the Chief Recovery Officer; and

make any consequential or ancillary order that the Court considers necessary or expedient.

A decision of the Court made on an application under this section is not subject to further appeal by the debtor.

No fee is payable on an application under this section.