Can I ask the NHVR to review a decision?
Short answer
Yes, but only a decision identified as reviewable in Schedule 3 of the HVNL or the national regulations can be internally reviewed, and the written application normally must be lodged within 28 days with detailed grounds.
Plain English
Not every NHVR decision can be internally reviewed. Start with the decision notice and check whether the decision is listed in Schedule 3 of the Heavy Vehicle National Law or prescribed as reviewable under a national regulation.
An application must be made to the NHVR in writing, identify the applicant and decision, state the review grounds in detail, include the prescribed fee and normally be lodged within 28 days after notification of the decision or receipt of required reasons. The NHVR may extend the application period, but an extension should never be assumed.
The reviewer must not be the original decision-maker or someone less senior. The applicant must have a reasonable opportunity to make written or oral representations. The reviewer can confirm, amend or replace the original decision.
Most reviews must be decided within 28 days. A road-manager review normally has the same period, although the NHVR and road manager may agree to a longer period of up to three months and notify the applicant. If the reviewer does not decide within the applicable period, the original decision is treated as confirmed.
What this means operationally
Obtain the decision, reasons and review information immediately. Record the notification date, identify the exact Schedule 3 or regulation entry and prepare grounds that address the statutory test and evidence rather than simply saying the result is unfair.
Applying for review does not automatically suspend the original decision. Where the HVNL permits it, a separate stay must be sought from the relevant appeal body. A review decision concerning an NHVR or authorised-officer decision can generally be appealed within 28 days, but a road-manager review decision is not subject to further review or appeal under Chapter 11.
Who it applies to
Applicants, permit holders, accreditation participants and other people or businesses affected by an NHVR, authorised-officer or eligible road-manager decision listed as reviewable under the HVNL or national regulations.
Example
An operator whose access-permit application is refused obtains the reasons, identifies the reviewable decision in Schedule 3 and lodges technical and operational evidence within 28 days. A statement that the refusal is merely unfair is unlikely to provide an adequate review case.
Exceptions and traps
Only decisions listed in Schedule 3 or prescribed in the national regulations are reviewable. The NHVR can extend the application time, but there is no automatic entitlement to an extension.
If a road manager made the original decision, the NHVR refers the application to that road manager. A road-manager review decision cannot be appealed under Chapter 11. Filing a review or appeal does not itself stay the decision, and the stay provisions do not apply in every situation, including particular public-safety decisions.
Western Australia and the Northern Territory do not apply the HVNL domestically and use their own review and appeal processes.
What changed
Schedule 3 was amended as part of the HVNL reforms commencing on 1 August 2026. Current decision notices, Schedule 3 and the national regulations should be used rather than older lists of reviewable NHVAS, access or PBS decisions.
Previous rule
Before 1 August 2026, Schedule 3 reflected the former NHVAS accreditation and permit structures, including BFM and AFM accreditation decisions. Those examples should not be carried into current WWTG guidance without checking the amended law.
Legal foundation
Heavy Vehicle National Law Chapter 11, especially ss 640-650 and Schedule 3; reviewable decisions prescribed by the national regulations
Sources & primary documents
- www.legislation.qld.gov.au/view/whole/html/inforce/2026-08-01/act-2012-021
- www.nhvr.gov.au/law-policies/internal-review
- www.nhvr.gov.au/form/internal-review-case
- www.ntc.gov.au/laws-and-regulations/heavy-vehicle-national-law
WWTG verification: Queensland legislation, NHVR, NTC
Frequently asked questions
Can the NHVR accept a late application?
Yes. The NHVR may extend the 28-day period, but an applicant should explain the delay and should not assume an extension will be granted.
Does applying for review stop the original decision?
No. The original decision continues unless it is changed or a stay is granted under an available stay process.
Who conducts the internal review?
A person other than the original decision-maker who is not less senior, unless the original decision was made personally by the Regulator or a road manager.
What happens if the review is not decided in time?
The reviewer is treated as having confirmed the original decision.
Can I appeal a road-manager review decision?
Not under Chapter 11 of the HVNL. Specialist advice may be needed about any other legal avenue.