Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 137

Contempt

137. Contempt



(1) A person is guilty of contempt of the Tribunal if they-

   (a)  insult a member of the Tribunal while that member is performing
        functions as member; or

   (b)  insult, obstruct or hinder a person attending a hearing before the
        Tribunal; or

   (c)  misbehave at a hearing before the Tribunal; or

   (d)  interrupt a hearing before the Tribunal; or

   (e)  obstruct or hinder a person from complying with an order of the
        Tribunal or a summons to attend the Tribunal; or

   (f)  do any other act that would, if the Tribunal were the Supreme Court,
        constitute contempt of that Court.

(2) If it is alleged or appears to the Tribunal that a person is guilty of
contempt of the Tribunal, the Tribunal may-

   (a)  direct that the person be arrested and brought before the Tribunal; or

   (b)  issue a warrant for his or her arrest in the form prescribed by the
        rules.

(3) On the person being brought before the Tribunal, the Tribunal must cause
them to be informed of the contempt with which they are charged and thereafter
adopt any procedure that the Tribunal thinks fit.

(4) The Bail Act 1977 applies, with any necessary modifications, to and in
respect of a person brought before the Tribunal under this section as if-

   (a)  the person were accused of an offence and were being held in custody
        in relation to that offence; and

   (b)  the Tribunal were a court within the meaning of that Act.



(5) If the Tribunal finds that the person is guilty of contempt of the
Tribunal, it may-

   (a)  in the case of a natural person, commit the person to prison for a
        term of not more than 5 years or impose a fine of not more than an
        amount that is 1000 times the value of a penalty unit fixed by the
        Treasurer under section 5(3) of the Monetary Units Act 2004 or do
        both;

   (b)  in the case of a corporation, impose a fine of not more than an amount
        that is 5000 times the value of a penalty unit fixed by the Treasurer
        under section 5(3) of the Monetary Units Act 2004.

(5A) In considering whether, and the term for which, to commit a person to
prison for a contempt, the Tribunal may have regard to the provisions of Part
2 of the Sentencing Act 1991 as if it were a court considering imposing a
sentence of imprisonment in respect of an offence.

(6) If a person is committed to prison for a term, the Tribunal may order his
or her discharge before the end of the term.

(7) The Tribunal may accept an apology for a contempt and may remit any
punishment for it either wholly or in part.

(8) A warrant for the committal of a person found guilty of contempt of the
Tribunal must be in the form prescribed by the rules.

(9) A fine imposed on a person under this section may be enforced as if it
were a fine imposed on that person by the Supreme Court on finding them guilty
of an offence.

(10) A power conferred on the Tribunal by this section is exercisable only by
a judicial member.



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