Victorian Consolidated Legislation

[Index] [Search] [Notes] [Noteup] [Download] [Help]

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998

No. 53 of 1998
Version incorporating amendments as at 1 October 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      When does a person make a decision?
   5.      When are a person's interests affected by a decision?
   6.      When is a document in a person's possession?
   7.      Act binds the Crown

   PART 2-VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

           Division 1-Establishment and membership

   8.      Establishment of Tribunal
   9.      Membership
   10.     President
   11.     Vice Presidents
   11A.    Short-term Vice Presidents
   12.     Deputy Presidents
   13.     Senior members
   14.     Ordinary members

           Division 2-General provisions relating to members

   15.     Applications for appointment
   16.     Appointment of members
   16A.    Internal promotion of Tribunal members
   17.     Remuneration and allowances
   17A.    Salary sacrifice
   18.     Prohibition on outside employment
   19.     Disclosure of interests
   20.     Resignation
   21.     Vacation of office
   22.     Suspension of non-judicial member
   23.     Investigation of non-judicial member
   24.     Removal of non-judicial member from office
   25.     Validity of proceedings
   25A.    Member or former member may not represent a party

           Division 3-Acting appointments

   26.     Acting President
   27.     Acting Vice President
   28.     Acting Deputy President
   29.     Additional acting judicial appointments

           Division 4-Administration

   30.     Administrative functions of President and Vice Presidents
   31.     President to advise Minister
   32.     Employment of registrars and other staff
   33.     Delegation by President and Vice Presidents
   34.     Secrecy
   35.     Prohibition on secondary disclosures
   36.     Further restriction on disclosure
   37.     Annual report
   38.     Where may the Tribunal sit?

           Division 5-Professional development and training

   38A.    Professional development and training

   PART 3-THE TRIBUNAL-JURISDICTION AND FUNCTIONS

           Division 1-Introductory

   39.     Structure of Part
   40.     Jurisdiction of the Tribunal
   41.     What is original jurisdiction?
   42.     What is review jurisdiction?

           Division 2-Original jurisdiction

   43.     How is original jurisdiction invoked?
   44.     Functions of the Tribunal

           Division 3-Review jurisdiction
           Subdivision 1-Obtaining reasons for decisions

   45.     Request for statement of reasons for decision
   46.     Decision-maker to give statement of reasons on request
   47.     The Tribunal may order statement of reasons to be given
           Subdivision 2-Jurisdiction of the Tribunal
   48.     How is review jurisdiction invoked?
   49.     Decision-maker must lodge material
   50.     Effect of original decision pending review
   51.     Functions of Tribunal on review
   52.     Limitation of courts' jurisdiction in planning matters
           Subdivision 3-Matters of privilege and policy
   53.     Cabinet documents
   54.     Crown privilege
   55.     Certain questions not required to be answered
   56.     Exclusion of general rules of public interest
   57.     Application of statements of policy

   PART 4-THE TRIBUNAL-GENERAL PROCEDURE

           Division 1-Introduction

   58.     Structure of Part

           Division 2-Parties

   59.     Who are the parties to a proceeding?
   60.     Joinder of parties
   61.     Unincorporated associations
   62.     Representation of parties
   63.     Interpreters

           Division 3-Constitution of Tribunal

   64.     Constitution of Tribunal in proceedings
   65.     Who presides in a proceeding?
   66.     Opinions equally divided

           Division 4-Preliminary procedure

   67.     How to make an application to the Tribunal
   68.     Application fee
   69.     Procedure where a matter is referred to the Tribunal
   70.     Referral fee
   71.     Principal registrar or the Tribunal may reject certain
           applications
   72.     Notification of commencement
   73.     Intervention
   74.     Withdrawal of proceedings
   75.     Summary dismissal of unjustified proceedings
   76.     Summary dismissal for want of prosecution
   77.     More appropriate forum
   78.     Conduct of proceeding causing disadvantage
   78A.    Application of Division 9 of Part III of Evidence Act 1958-Document unavailability
   79.     Security for costs
   80.     Directions
   81.     Obtaining information from third parties
   82.     Consolidation of proceedings

           Division 5-Compulsory conferences, mediation and settlement

   83.     Compulsory conferences
   84.     Tribunal may require personal attendance at compulsory conference
   85.     Evidence inadmissible
   86.     Party may object to member hearing the proceeding
   87.     What happens if a party fails to attend a compulsory
           conference?
   88.     Mediation
   89.     Tribunal or mediator may require personal attendance at mediation
   90.     What happens if mediation is successful?
   91.     What happens if mediation is unsuccessful?
   92.     Evidence inadmissible
   93.     Settlement of proceeding

           Division 6-Referral to experts

   94.     Use of experts
   95.     Special referees
   96.     Referral of questions of law to Court

           Division 7-Hearings

   97.     Tribunal must act fairly
   98.     General procedure
   99.     Notice of hearings
   100.    Method of conducting hearings
   101.    Hearings to be public unless otherwise ordered
   102.    Evidence
   103.    Authorisation of person to take evidence
   104.    Witness summons
   105.    Rule against self-incrimination does not apply
   106.    Other claims of privilege
   107.    Dealing with questions of law
   108.    Reconstitution of Tribunal

           Division 8-Costs

   109.    Power to award costs
   110.    Costs of intervention
   111.    Amount of costs
   112.    Presumption of order for costs if settlement offer is rejected
   113.    Provisions regarding settlement offers
   114.    Provisions concerning the acceptance of settlement offers
   115.    Consequences if accepted offer is not complied with

           Division 9-Orders

   116.    Form and service
   117.    Reasons for final orders
   118.    When does an order come into operation?
   119.    Correcting mistakes
   120.    Re-opening an order on substantive grounds
   121.    Enforcement of monetary orders
   122.    Enforcement of non-monetary orders

           Division 10-General powers

   123.    Injunctions
   124.    Declarations
   125.    Advisory opinions
   126.    Extension or abridgment of time and waiver of compliance
   127.    Power to amend documents
   128.    Retention of documents and exhibits
   129.    Power of entry and inspection
   130.    Power to impose conditions and make further orders
   131.    Variation or revocation of procedural order or direction
   132.    Waiver of fees

           Division 11-Offences

   133.    Non-compliance with order
   134.    Failing to comply with summons
   135.    Failing to give evidence
   136.    False or misleading information
   137.    Contempt
   138.    Appeal against punishment for contempt
   139.    Double jeopardy

           Division 12-Service of documents

   140.    Service
   141.    When is service effective?

           Division 13-General

   142.    Judicial notice
   143.    Immunity of participants
   144.    Register of proceedings
   145.    Principal registrar's certificate
   146.    Proceeding files
   147.    Publication of determinations and orders

   PART 5-APPEALS FROM THE TRIBUNAL

   148.    Appeals from the Tribunal
   149.    Tribunal may stay its order pending appeal

   PART 6-RULES COMMITTEE

           Division 1-Establishment of Rules Committee

   150.    Establishment of Committee
   151.    Functions
   152.    Membership
   153.    Appointment and terms of members

           Division 2-Procedure of Rules Committee

   154.    Who presides at a meeting?
   155.    Quorum and meeting procedure
   156.    Validity of decisions

           Division 3-Exercise of powers

   157.    Power to make rules
   158.    Practice notes

   PART 7-MISCELLANEOUS

   159.    Dealing with inconsistencies
   160.    Supreme Court-limitation of jurisdiction
   161.    Regulations
   162.    Transitional provision-Justice Legislation (Miscellaneous Amendments) Act 2006.
   163.    Transitional provision-Justice Legislation (Further Amendment) Act 2006.
           __________________
           SCHEDULE 1-Variations from Parts 3 and 4 for Various Proceedings
           SCHEDULE 2-Subject Matter for Rules
   ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details


[Index] [Search] [Notes] [Noteup] [Download] [Help]