Authorised Inspection Scheme

The show cause process gives you an opportunity to avoid or minimise the suspension and cancellation of your authorities.

It is important not to ignore the show cause letter. If you fail to respond by the due date your AIS examiner authority or AIS proprietor authority will almost certainly be suspended or cancelled.

Prepare your response carefully. Anything you put in it will not only be used by the RMS to make its decision, but will also be used against you if the matter needs to go to court. So it’s important that you get it right.

We strongly recommend giving us a call if you have received a show cause letter. We can help with drafting a response that gives the best chance of your matter ending there but also preserves your position if you have to go to court.

You can appeal against the RMS decision to a Local Court.

The magistrate will decide whether they think you are a fit and proper person to hold an AIS examiner or AIS proprietor authority. They will listen to both the RMS case and your side of the story before making a decision.

The Court will decide to do one of three things:

1. Allow your appeal – you keep your authorities;
2. Vary the RMS decision – e.g. shortening your suspension.
3. Refuse your appeal – the RMS decision stands.

Be aware that there are strict timeframes for lodging your appeal.

Contact us to discuss your chances of successfully fighting the RMS decision.

The magistrate will be interested in the following:

• Are the RMS allegations true?
• If so, what caused your mistake?
• What you have done to ensure you comply with the rules in the future?

You should gather evidence to prove what you want to say. For example, proof that the RMS inspector made a mistake, character references, or evidence of new procedures you’ve implemented.

Sometimes asking to do the Tafe course again is helpful. This shows that you are taking it seriously and brushing up on the rules. It can be a strong argument where you have held authorities for decades.

Generally, lodging an appeal pauses the RMS decision, so you can keep doing inspections in the meantime. But this is not always the case, so it is important to confirm with the RMS.