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PARLIAMENT OF VICTORIA
Victorian Civil and Administrative Tribunal
(Amendment) Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. New clauses 58 and 59 substituted in Schedule 1 (call in powers) 2
58. Minister's call in powers in Planning and Environment
Act matters 2
59. Call in powers in other planning matters 3
4. Effect of referral to Governor in Council 4
ENDNOTES 5
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PARLIAMENT OF VICTORIA
Initiated in Council 26 May 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Victorian Civil and Administrative Tribunal Act
1998 in relation to the powers of the Minister for Planning to call in
certain proceedings from the Victorian Civil and Administrative
Tribunal and for other purposes.
Victorian Civil and Administrative
Tribunal (Amendment) Act 2004
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Victorian
Civil and Administrative Tribunal Act 1998 in
relation to the powers of the Minister for Planning
to call in certain proceedings from the Victorian
5
Civil and Administrative Tribunal.
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Victorian Civil and Administrative Tribunal (Amendment) Act
2004
s. 2
Act No.
2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
Victorian Legislation Parliamentary Documents
3. New clauses 58 and 59 substituted in Schedule 1
(call in powers)
5
See: For clauses 58 and 59 of Schedule 1 to the
Act No.
Victorian Civil and Administrative Tribunal
53/1998
Reprint No. 3 Act 1998 substitute--
as at
1 July 2003 "58. Minister's call in powers in Planning and
and
10 Environment Act matters
amending
Act Nos
(1) This clause applies to a proceeding for review of a
18/2003,
decision under the Planning and Environment Act
30/2003 and
1987 if the Minister administering the Planning and
75/2003.
LawToday: Environment Act 1987 considers that--
www.dms.
15 (a) the proceeding raises a major issue of policy;
dpc.vic.
gov.au and
(b) the determination of the proceeding may have a
substantial effect on the achievement or
development of planning objectives.
20 (2) The Minister administering the Planning and
Environment Act 1987 may--
(a) by notice in writing to the principal registrar
call in the proceeding; or
(b) invite the Tribunal--
25 (i) to decline to hear or to continue to hear
the proceeding and refer it to the
Governor in Council for determination;
or
(ii) to hear or to continue to hear the
30 proceeding but, without determining it,
refer it with recommendations to the
Governor in Council for determination.
(3) A notice or invitation under sub-clause (2) is of no
effect unless it is given--
35 (a) before the final determination of the
proceeding; and
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Victorian Civil and Administrative Tribunal (Amendment) Act
2004
s. 3
Act No.
(b) no later than 7 days before the day fixed for the
hearing of the proceeding.
(4) If the Minister calls in a proceeding under sub-
clause (2)(a)--
Victorian Legislation Parliamentary Documents
5 (a) the Tribunal must not commence or continue to
hear the proceeding; and
(b) the principal registrar must refer the proceeding
to the Governor in Council for determination.
(5) In sub-clause (3) a reference to a hearing does not
10 include a reference to a hearing in the nature of a
directions hearing, preliminary hearing or
interlocutory hearing.
(6) This clause applies to a proceeding existing on or
after the commencement of section 3 of the Victorian
15 Civil and Administrative Tribunal (Amendment)
Act 2004.
59. Call in powers in other planning matters
(1) This clause applies to a proceeding for review of a
decision under a planning enactment other than the
20 Planning and Environment Act 1987 if the Minister
administering the relevant planning enactment
considers that the proceeding raises a major issue of
policy.
(2) The Minister administering the relevant planning
25 enactment may request the Minister administering the
Planning and Environment Act 1987 to--
(a) by notice in writing to the principal registrar
call in the proceeding; or
(b) invite the Tribunal--
30 (i) to decline to hear or to continue to hear
the proceeding and refer it to the
Governor in Council for determination;
or
(ii) to hear or to continue to hear the
35 proceeding but, without determining it,
refer it with recommendations to the
Governor in Council for determination.
(3) The Minister administering the Planning and
Environment Act 1987 must comply with a request
40 under sub-clause (2).
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2004
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Act No.
(4) A notice or invitation under this clause is of no effect
unless it is given--
(a) before the final determination of the
proceeding; and
Victorian Legislation Parliamentary Documents
5 (b) no later than 7 days before the day fixed for the
hearing of the proceeding.
(5) If the Minister calls in a proceeding by notice under
this clause--
(a) the Tribunal must not commence or continue to
10 hear the proceeding; and
(b) the principal registrar must refer the proceeding
to the Governor in Council for determination.
(6) In sub-clause (4) a reference to a hearing does not
include a reference to a hearing in the nature of a
15 directions hearing, preliminary hearing or
interlocutory hearing.
(7) This clause applies to a proceeding existing on or
after the commencement of section 3 of the Victorian
Civil and Administrative Tribunal (Amendment)
20 Act 2004.".
4. Effect of referral to Governor in Council
After clause 61(1) of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998
insert--
25 "(1A) If a proceeding is referred to the Governor in Council
under clause 58, 59 or 60, the Governor in Council is
not bound by any decision, determination or order
made by the Tribunal in the proceeding.".
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Victorian Civil and Administrative Tribunal (Amendment) Act
2004
Endnotes
Act No.
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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