Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 129

Power of entry and inspection

129. Power of entry and inspection



(1) If the presiding member considers it desirable for the purposes of a
proceeding, the Tribunal may-

   (a)  enter and inspect any land or building either in the presence of, or
        without, the parties; or

   (b)  authorise a member of staff of the Tribunal or other person to enter
        and inspect any land or building for the purpose of preparing a report
        to the Tribunal; or

   (c)  order an occupier of land or buildings relevant to the proceeding to
        give a person who is to give evidence in the proceeding reasonable
        access to the land or buildings.

(2) If land or a building is occupied by a person who is not a party, a power
of entry under subsection (1)(a) or (b) may only be exercised-

   (a)  with the consent of the occupier; or

   (b)  after 2 days' notice has been given to the occupier.

(3) A power of entry and inspection under subsection (1)(a) must be exercised
by all members of the Tribunal in a proceeding together, unless the presiding
member directs otherwise.

(4) A power of entry under subsection (1)(a) or (b) may be exercised at any
reasonable time.

(5) A person must not-

   (a)  obstruct or hinder; or

   (b)  refuse access to any land or buildings to-

a person exercising a power of entry and inspection under this section.
Penalty: Level 9 imprisonment (6 months maximum) or a level 9 fine (60 penalty
units maximum) or both.