VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998

Victorian Consolidated Legislation

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998

No. 53 of 1998
Version incorporating amendments as at 31 December 2007

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
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

PART 1-INTRODUCTION
1. Purpose of Schedule 2. Definitions

PART 1A-ABORIGINAL HERITAGE ACT 2006.
2A. Constitution of Tribunal

PART 2-ACCIDENT COMPENSATION ACT 1985.
3. Privilege
4. Powers of Tribunal on review of assessment or amendment
of contributions

PART 3-CHILDREN, YOUTH AND FAMILIES ACT 2005.
5. Constitution of Tribunal
5A. Repealed
6. Tribunal cannot alter time limits

PART 4-Repealed

PART 5-CREDIT ENACTMENTS
7. Constitution of Tribunal in certain proceedings
8. Representation
9. Referral to Director
10. Any member of Tribunal may make a declaration
11. Reasons must be requested at time of decision

PART 5AA-DISABILITY ACT 2006.
11AA. Application of provisions
11AB. Representation
11AC. Appointment of litigation guardian
11AD. Fees
11AE. Commencement
11AF. Costs of expert
11AG. Personal attendance
11AH. Tribunal may allow certain persons to remain
11AI. Restriction on access to information

PART 5A-HEALTH PROFESSIONS REGISTRATION
ACT 2005.
11A. Constitution of Tribunal for hearings

PART 5B-HEALTH RECORDS ACT 2001.
11F. Intervention by Health Services Commissioner
11G. Notification in other proceedings
11H. Health Services Commissioner may apply for interim
injunction
11I. Compulsory conference
11J. Settlement offers

PART 6-DOMESTIC BUILDING CONTRACTS ACT 1995.
12. Referral to Director, Building Commission or Building Practitioners Board
12A. Tribunal may request information about domestic building dispute

PART 7-EQUAL OPPORTUNITY ACT 1995.
13. Constitution of Tribunal in special complaint proceedings
14. Unincorporated associations can be parties
15. Commission is not a party to a review of its determination
16. Certain procedures and rights not to apply in respect of determinations regarding expediting a complaint
17. Joinder of parties
18. Notification of commencement in certain section 83 matters
19. Notification of commencement of inquiry under section 158(3)
20. Notification in other proceedings
21. Withdrawal of proceeding
22. Commission may apply for interim injunction
23. Compulsory conference
24. Exemptions under section 83.
25. Restriction on evidence in certain proceedings
26. Evidence of mediation not admissible even if parties agree
27. Costs of special complaint proceedings
28. Settlement offers

PART 7AA-FAIR TRADING ACT 1999.
28AA. What is a small claim?
28BB. Representation
28CC. Withdrawal of application
28DD. Tribunal cannot extend time for commencing proceedings
28EE. Member of Tribunal can mediate
28FF. Resolution of objection to certain members constituting
the Tribunal
28GG. Costs and security for costs
28HH. Reasons must be requested at time of decision

PART 8-FREEDOM OF INFORMATION ACT 1982.
29. Statement of reasons for decision
29A. Person whose personal privacy is affected may intervene
29B. Powers of Tribunal
29C. Constitution of Tribunal for purposes of proceedings under clause 29B.
29D. Hearing of certain proceedings before the Tribunal
30. Tribunal file in FOI proceeding not open for inspection

PART 9-GUARDIANSHIP AND ADMINISTRATION
ACT 1986.
31. Constitution of Tribunal for proceedings
32. Notification of commencement
33. Public Advocate may intervene or be joined
34. Withdrawal of application does not preclude future application
35. Referral to administrators for report
36. Proceeding not invalidated by failure to give notice
37. Confidentiality of proceedings
38. Settlement offers

PART 10-HERITAGE ACT 1995.

39. National Trust must be given opportunity to be heard

PART 11-HOUSE CONTRACTS GUARANTEE ACT 1987.

40. Referral to Director, Building Commission or Building Practitioners Board

PART 11A-INFORMATION PRIVACY ACT 2000.

40A. Intervention by Privacy Commissioner
40B. Notification in other proceedings
40C. Privacy Commissioner may apply for interim injunction
40D. Compulsory conference
40E. Settlement offers

PART 12-INSTRUMENTS ACT 1958.

40F. Constitution of Tribunal for proceedings
41. Public Advocate may intervene or be joined
42. Referral to administrators for report
43. Proceeding not invalidated by failure to give notice
44. Confidentiality of proceedings

PART 13-LAND ACQUISITION AND COMPENSATION ACT 1986.

45. Documents to accompany application
46. Costs

PART 13A-LEGAL PROFESSION ACT 2004.

46A. More appropriate forum
46B. Representation and appearances
46C. Constitution of Tribunal for rehearings
46D. Costs in disciplinary matters

PART 14-MEDICAL TREATMENT ACT 1988.

47. Public Advocate may intervene or be joined
48. Referral to administrators for report
49. Proceeding not invalidated by failure to give notice
50. Confidentiality of proceedings

PART 15-MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990.

51. Costs

PART 15AA-OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005.

51AA. Representation
51AB. Costs
51AC. Effect of certain orders

PART 15A-Repealed

51A. Repealed

PART 15AB-OWNERS CORPORATIONS ACT 2006.

51AD. Any member of Tribunal may make a declaration

PART 16-PLANNING ENACTMENTS

52. Constitution of Tribunal
53. Decision-maker not obliged to give reasons
54. Decision-maker not obliged to lodge documents
55. Further notice if there is a failure to comply with legislation
56. Parties to lodge grounds
57. Intervention
58. Minister's call in powers in Planning and Environment Act matters
59. Call in powers in other planning matters
60. Tribunal may refer planning matters to Governor in Council
61. Effect of referral to Governor in Council
62. Tribunal may disregard failures to comply
63. Costs
64. Amendment of application
65. Extension of time
66. Questions of law

PART 16A-PROPERTY LAW ACT 1958.

66A. Constitution of Tribunal

PART 17-RESIDENTIAL TENANCIES ACT 1997.

67. Representation
68. Notification not required for certain applications
69. Withdrawal of application
70. Member of Tribunal can mediate
71. Resolution of objection to certain members constituting the Tribunal
72. Referral to Director
73. Amendment of application
74. Evidence before Tribunal cannot be used in criminal
proceedings
75. Any member of Tribunal may make a declaration
76. Reasons must be requested at time of decision
77. Service on landlords
77A. Failure to comply with determinations
PARTS 17A, 18-Repealed
77B-87. Repealed

PART 19-TAXING ACTS

88. Tribunal need not be constituted by a lawyer
89. Information to be provided to the Tribunal
90. Compulsory conference in tax proceedings
91. Costs

PART 20-TRANSPORT ACCIDENT ACT 1986.

92. Costs
93. Settlement offers
94. Tribunal cannot alter time limits

PART 21-VALUATION OF LAND ACT 1960.

95. Tribunal need not be constituted by a lawyer
96. Information to be provided to the Tribunal
97. Notification of commencement
98. Questions of law
99. Costs

PART 22-VICTORIAN INSTITUTE OF TEACHING ACT 2001.

100. Constitution of Tribunal for teaching matters

PART 23-WORKING WITH CHILDREN ACT 2005.

101. Constitution of Tribunal for Working with Children matters
102. Review of category 2 application
103. Review of category 3 application
SCHEDULE 2-Subject Matter for Rules
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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