Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 3

Definitions

3. Definitions

In this Act- acting judge, in relation to the Supreme Court or County Court,
means a Judge appointed as an acting judge, in the case of the Supreme Court,
under section 80D of the Constitution Act 1975, or, in the case of the County
Court, under section 11 of the County Court Act 1958;

application means application to the Tribunal;

applicant means-

   (a)  a person who makes an application; or

   (b)  a person who requests or requires a matter to be referred to the
        Tribunal;

Business Licensing Authority means Business Licensing Authority established
under Part 2 of the Business Licensing Authority Act 1998;

Chief Judge means Chief Judge of the County Court;

Chief Justice means Chief Justice of the Supreme Court;

child means a person under 18 years of age;

decision-maker means a person who makes, or is deemed to have made, a decision
under an enabling enactment;

Deputy President means Deputy President of the Tribunal;

Director means the Director within the meaning of the Fair Trading Act 1999;

enabling enactment means an enactment by or under which jurisdiction is
conferred on the Tribunal;

enactment means-

   (a)  an Act; or

   (b)  a subordinate instrument within the meaning of the
        Interpretation of Legislation Act 1984;

full-time member means the President, a Vice President, a Deputy President or
a senior or ordinary member who is appointed on a full-time basis;

function includes jurisdiction, power, duty and authority;

inquiry means an inquiry conducted by the Tribunal under an enabling
enactment, other than an inquiry under section 159 of the
Equal Opportunity Act 1995;

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judicial member means the President or a Vice President; legal practitioner
means an Australian lawyer within the meaning of the
Legal Profession Act 2004;



member, in relation to the Tribunal, means the President, a Vice President, a
Deputy President, a senior member or an ordinary member;

monetary order means an order of the Tribunal requiring the payment of money,
including a fine or penalty;

non-judicial member means a member other than the President or a Vice
President;

non-monetary order means an order of the Tribunal other than a monetary order;

order of the Tribunal includes interim order of the Tribunal;

ordinary member means a person appointed as a member of the Tribunal under
section 14;

part-time member means a senior or ordinary member who is appointed on a
part-time basis;

President means President of the Tribunal;

presidential member means the President, a Vice President or a Deputy
President;

presiding member, in a proceeding, means-

   (a)  if the Tribunal in that proceeding is constituted by a single
        member-that member; or

   (b)  in any other case-the member who presides in that proceeding, as
        determined in accordance with section 65;

proceeding means a proceeding in the Tribunal, including-

   (a)  an inquiry conducted by the Tribunal, including an inquiry under
        section 159 of the Equal Opportunity Act 1995;

   (b)  a compulsory conference under section 83;

   (c)  a mediation under section 88; or

   (d)  a rehearing or reassessment under Part 6 of the
        Guardianship and Administration Act 1986- but, for the avoidance of
        doubt, not including a referral by the Tribunal to the Victorian Equal
        Opportunity and Human Rights Commission under section 156(1) of the
        Equal Opportunity Act 1995;

professional advocate has the meaning given in section 62(8);

reserve judge of the County Court, means a judge who has made an election
under section 13A(1) of the County Court Act 1958 or who has been appointed
under section 13A(3A) of that Act;

rules mean rules made by the Rules Committee under section 157;

senior member means a person appointed as a member of the Tribunal under
section 13;

Tribunal means Victorian Civil and Administrative Tribunal established by
Part 2;

Vice President means Vice President of the Tribunal, including a Vice
President appointed under section 11A.