VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 3 Definitions

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 3

In this Act—

S. 3 def. of acting judge inserted by No. 14/2006 s. 21, repealed by No. 5/2013 s. 69(a).

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"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;

S. 3 def. of Director substituted by No. 17/1999 s. 49(1), amended by No. 21/2012 s. 239(Sch. 6 item 46.1).

"Director" means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012 ;

"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 ;

S. 3 def. of expert witness inserted by No. 23/2014 s. 4.

"expert witness" means a person who has specialised knowledge based on the person's training, study or experience;

S. 3 def. of full-time member inserted by No. 62/2014 s. 46(b).

"full-time member" means—

        (a)     the President or a Vice President, other than a Vice President who is undertaking the duties of a Vice President on a part-time or sessional basis under section 11A(2A); or

        (b)     a Deputy President, senior member or ordinary member who is appointed on a non-sessional basis and who is not undertaking the duties of office on a part-time basis;

"function" includes jurisdiction, power, duty and authority;

S. 3 def. of inquiry amended by No. 16/2010 s. 205(a) (as amended by No. 26/2011 s. 30(1)).

"inquiry" means an inquiry conducted by the Tribunal under an enabling enactment, other than an inquiry under section 141 of the Equal Opportunity Act 2010 ;

S. 3 def. of insolvent under administration repealed by No. 4/2008 s. 32(Sch. item 35).

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S. 3 def. of interim order inserted by No. 62/2014 s. 25.

"interim order" means an order of an interim or interlocutory nature;

"judicial member" means the President or a Vice President;

S. 3 def. of legal practitioner substituted by No. 18/2005 s. 18(Sch. 1 item 115.1), repealed by No. 17/2014 s. 160(Sch.  2 item 105.1).

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

S. 3 def. of member of Victoria Police personnel inserted by No. 37/2014 s. 10(Sch. item 177.1).

"member of Victoria Police personnel" has the same meaning as in the Victoria Police Act 2013 ;

"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;

S. 3 def. of part-time member repealed by No. 62/2014 s. 46(c).

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S. 3 def. of part-time service arrangement inserted by No. 62/2014 s. 46(a).

"part-time service arrangement" means an arrangement entered into under section 18A;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 177.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

"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;

S. 3 def. of proceeding amended by Nos 78/2000 s. 11(1)(a), 43/2006 s. 47(Sch. item 8.1), substituted by No. 16/2010 s. 205(b) (as amended by No. 26/2011 s. 30(2)), amended by No. 13/2019 s. 207.

"proceeding "means a proceeding in the Tribunal, including—

        (a)     an inquiry conducted by the Tribunal, including an inquiry under section 141 of the Equal Opportunity Act 2010 ; or

        (b)     a compulsory conference under section 83; or

        (c)     a mediation under section 88; or

        (d)     a rehearing or reassessment under Part 7 of the Guardianship and Administration Act 2019 ;

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

S. 3 def. of reserve judge inserted by No. 51/2000 s. 12(a), substituted by No. 5/2013 s. 69(b).

"reserve judge" means—

        (a)     in relation to the Supreme Court, a reserve Judge within the meaning of the Constitution Act 1975 ;

        (b)     in relation to the County Court, a reserve judge within the meaning of the County Court Act 1958 ;

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;

S. 3 def. of Vice President amended by No. 51/2000 s. 12(b).

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