Victorian Current Acts

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998


TABLE OF PROVISIONS

   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

   8.      Establishment of Tribunal  
   10.     President  
   11.     Vice Presidents  
   11A.    Short-term Vice Presidents  
   12.     Deputy Presidents  
   13.     Senior members  
   14.     Ordinary members  
   15.     Applications for appointment  
   16.     Appointment of members  
   16A.    Internal promotion of Tribunal members  
   16B.    Amendment of appointment of sessional and non‑sessional members  
   17.     Terms and conditions of service  
   17AA.   Appropriation of certain amounts in relation to non‑judicial members  
   17A.    Salary sacrifice  
   18.     Prohibition on outside employment  
   18A.    Entry into part-time service arrangement  
   18B.    Variation of part-time service arrangement  
   18C.    Termination of part-time service arrangement  
   19.     Disclosure of interests  
   20.     Resignation  
   21.     Vacation of office  
   25.     Validity of proceedings  
   25A.    Member or former member may not represent a party  
   25B.    Member or former member may not appear as expert witness  
   26.     Acting President  
   27.     Acting Vice President  
   28.     Acting Deputy President  
   29.     Additional acting judicial appointments  
   30.     Administrative functions of President and Vice Presidents  
   31.     President to advise Minister  
   32.     Employment of registrars and other staff  
   32A.    Delegation by principal registrar  
   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?  
   38A.    Professional development and training  

   PART 3--THE TRIBUNAL--JURISDICTION AND FUNCTIONS

   39.     Structure of Part  
   40.     Jurisdiction of the Tribunal  
   41.     What is original jurisdiction?  
   42.     What is review jurisdiction?  
   43.     How is original jurisdiction invoked?  
   44.     Functions of the Tribunal  
   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  
   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  
   51A.    Tribunal may invite decision-maker to reconsider decision  
   52.     Limitation of courts' jurisdiction in planning matters  
   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

   58.     Structure of Part  
   59.     Who are the parties to a proceeding?  
   60.     Joinder of parties  
   60A.    Removal of parties  
   61.     Unincorporated associations  
   62.     Representation of parties  
   63.     Interpreters  
   64.     Constitution of Tribunal in proceedings  
   65.     Who presides in a proceeding?  
   66.     Opinions equally divided  
   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 (Miscellaneous Provisions) Act 1958—Document unavailability  
   79.     Security for costs  
   80.     Directions  
   81.     Obtaining information from third parties  
   82.     Consolidation of proceedings  
   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  
   93A.    Party may object to mediator hearing the proceeding  
   94.     Expert witnesses and expert evidence  
   95.     Special referees  
   96.     Referral of questions of law to Court  
   97.     Tribunal must act fairly  
   98.     General procedure  
   99.     Notice of hearings  
   100.    Method of conducting hearings  
   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  
   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  
   115A.   Definitions  
   115B.   Orders as to reimbursement or payment of fees  
   115C.   Presumption of order for reimbursement of fees to successful party in certain proceedings  
   115CA.  Presumption of order for reimbursement of fees in certain planning matters  
   115D.   Division does not affect Tribunal's powers as to costs  
   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  
   123.    Injunctions  
   124.    Declarations  
   125.    Advisory opinions  
   125A.   Assessment of costs or damages in undertakings  
   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.    Reduction, waiver, postponement, remission or refund of fees  
   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  
   140.    Service  
   141.    When is service effective?  
   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

   150.    Establishment of Committee  
   151.    Functions  
   152.    Membership  
   153.    Appointment and terms of members  
   154.    Who presides at a meeting?  
   155.    Quorum and meeting procedure  
   156.    Validity of decisions  
   157.    Power to make rules  
   157A.   Rules may provide for certain functions of the Tribunal to be performed by principal registrar  
   157B.   Review of decision of the Tribunal constituted by principal registrar  
   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  
   164.    Transitional provision—Equal Opportunity Act 2010  
   165.    Transitional—Justice Legislation Amendment (Family Violence and Other Matters) Act 2012  
   166.    Savings—Open Courts Act 2013  
   167.    Transitional provision—Victorian Civil and Administrative Tribunal Amendment Act 2014  
   168.    Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2014  
   169.    Savings—Justice Legislation Further Amendment Act 2016  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES


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