Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SCHEDULE 1

VARIATIONS FROM PARTS 3 AND 4 FOR VARIOUS PROCEEDINGS

1. Purpose of Schedule

The purpose of this Schedule is to set out variations from Parts 3 and 4 for
certain proceedings under certain enabling enactments.

2. Definitions

In this Schedule- credit enactment means-

   (a)  sections 25 and 26 of the Chattel Securities Act 1987;

   (b)  Credit Act 1984;

   (c)  Consumer Credit (Victoria) Code (except Part 4);

   (d)  section 45 of the Motor Car Traders Act 1986; planning enactment
        means-

   (a)  Catchment and Land Protection Act 1994;

   (b)  Environment Protection Act 1970;

   (c)  Extractive Industries Development Act 1995;

   (d)  section 41 of the Flora and Fauna Guarantee Act 1988;

   (e)  section 185 of the Local Government Act 1989;

   (f)  Planning and Environment Act 1987 (except sections 94(5) and 105);

   (fa) section 57 of the Road Management Act 2004;

   (fb) section 126 and Schedule 2 of the Road Management Act 2004;

   (fc) section 132 of the Road Management Act 2004 and regulations made under
        that section;

   (g)  Subdivision Act 1988 (except Division 5 of Part 5 and sections 36 and
        39);

   (h)  section 56 of the Transport Act 1983 and regulations made under that
        section;

   (i)  Water Act 1989 (except sections 19 and 266(6)); responsible authority
        has the same meaning as in the Planning and Environment Act 1987;
        taxing Act means-

   (a)  Business Franchise Acts;

   (b)  Debits Tax Act 1990;

   (c)  Financial Institutions Duty Act 1982;

* * * * *

   (e)  Land Tax Act 2005;

   (f)  Payroll Tax Act 2007;

* * * * *

   (h)  Stamps Act 1958;

   (i)  Taxation Administration Act 1997;

   (j)  First Home Owner Grant Act 2000;

   (k)  Unclaimed Money Act 2008.







2A. Constitution of Tribunal

The Tribunal is to be constituted for the purposes of a proceeding under Part
8 of the Aboriginal Heritage Act 2006 by-

   (a)  one member who has sound knowledge of, and experience in, Aboriginal
        cultural heritage; or

   (b)  if it is constituted by 2 members, at least one member who has sound
        knowledge of, and experience in, Aboriginal cultural heritage; or

   (c)  if it is constituted by 3, 4 or 5 members, at least 2 members who have
        sound knowledge of, and experience in, Aboriginal cultural heritage.





3. Privilege

Section 129I(5) of the Accident Compensation Act 1985 prevails over section
106(1) of this Act to the extent of any inconsistency between them.



4. Powers of Tribunal on review of assessment or amendment of contributions

Section 51(2)(d) does not apply in a proceeding for review of an assessment or
amendment under section 129G of the Accident Compensation Act 1985.

5. Constitution of Tribunal

In a proceeding under section 42, 118, 158 or 333 of the
Children, Youth and Families Act 2005, the Tribunal is to be constituted by,
or to include, a member who, in the opinion of the President, has knowledge
of, or experience in, child welfare matters.

6. Tribunal cannot alter time limits

Sections 126(1) and 126(2)(a) do not apply to a proceeding in relation to a
decision under Schedule 1 to the Children, Youth and Families Act 2005.

* * * * *









7. Constitution of Tribunal in certain proceedings

In a proceeding under section 85 or 86 of the Credit Act 1984 or section 101
of the Consumer Credit (Victoria) Code, a party may require that the Tribunal
be constituted by a presidential member, whether with or without others.

8. Representation



(1) A natural person who is a party to a proceeding under a credit enactment
may be represented in that proceeding by-

   (a)  the Director; or

   (b)  a person employed under Part 3 of the Public Administration Act 2004
        in the administration of the Credit Act 1984 or the Consumer Credit
        (Victoria) Code; or





   (c)  a professional advocate within the meaning of section 62.

(2) This clause does not take away from any entitlement to representation
under section 62.

9. Referral to Director



(1) The Tribunal may request the Director to investigate any matter that
arises in a proceeding under a credit enactment.







(2) If a request is made under subclause (1)-

   (a)  the Director may; or

   (b)  if the Minister administering the credit enactment so determines, the
        Director must-

investigate the matter and, if he or she does so, must report on the
investigation to the Tribunal.

10. Any member of Tribunal may make a declaration

Despite anything to the contrary in section 124, a declaration may be made in
a proceeding under a credit enactment by the Tribunal constituted by any
member.

11. Reasons must be requested at time of decision

Despite anything to the contrary in section 117(2), the Tribunal is not
obliged to give a person written reasons for an order made in a proceeding
under a credit enactment unless the person has made a request to the Tribunal
for written reasons for orders that may be made in the proceeding before or at
the time of the giving or notification of the Tribunal's decision in the
proceeding.







11AA. Application of provisions



(1) Clauses 11AB to 11AF apply in respect of any proceeding under the
Disability Act 2006.

(2) Clauses 11AG to 11AI apply in respect of any proceeding under Division 5
of Part 8 of the Disability Act 2006.

11AB. Representation

Despite section 62(1)(b), a party to any proceeding under the
Disability Act 2006 may be represented by a professional advocate.

11AC. Appointment of litigation guardian

If a party to any proceeding under the Disability Act 2006 is a person with a
disability, the Tribunal may appoint a litigation guardian, in accordance with
the rules, to conduct the proceeding on behalf of the person with a
disability.

11AD. Fees

Despite section 68, no fee is payable in respect of an application under the
Disability Act 2006.

11AE. Commencement

The Tribunal must commence the hearing of a proceeding on an application under
the Disability Act 2006 within 30 days of the application being lodged with
the Tribunal.

11AF. Costs of expert

Despite section 94(2), a person with a disability is not responsible for the
costs of an expert.

11AG. Personal attendance

The person with an intellectual disability must personally attend the
proceeding unless the Tribunal orders that it would be detrimental to the
health or well-being of the person to personally attend.

11AH. Tribunal may allow certain persons to remain

Despite a direction under section 101(2) that a hearing or any part of the
hearing be held in private, the Tribunal may allow a person who is a family
member, carer or guardian of the person with an intellectual disability to
remain.

11AI. Restriction on access to information

Despite anything to the contrary in this Act, the Tribunal may order that the
person with an intellectual disability not hear any particular evidence or be
permitted to inspect a submission or other document if the Tribunal is of the
opinion that it is necessary to do to prevent-

   (a)  serious harm to the health or well-being of the person with an
        intellectual disability; or

   (b)  exposing another person to a risk of serious harm; or

   (c)  the unreasonable disclosure of information relating to the personal
        affairs of any other person; or

   (d)  the disclosure of information given in confidence.



11A. Constitution of Tribunal for hearings

The Tribunal is to be constituted for the purposes of making a final
determination under Part 4 of the Health Professions Registration Act 2005 by
at least 3 members, of whom at least 2 must be health practitioners with
professional qualifications in the health profession regulated by the board
that is a party to the proceedings.









11F. Intervention by Health Services Commissioner

The Health Services Commissioner may intervene at any time in a proceeding
under the Health Records Act 2001.

11G. Notification in other proceedings



(1) If an application is made under section 73 (interim order) or a referral
under section 54 (Minister's referral) of the Health Records Act 2001, the
principal registrar must notify the Health Services Commissioner.

(2) Subclause (1) does not apply in the case of an application by the Health
Services Commissioner under section 73 of the Health Records Act 2001.

11H. Health Services Commissioner may apply for interim injunction

The Health Services Commissioner may apply for an order granting an interim
injunction under section 123 in a proceeding under the Health Records Act 2001
whether or not he or she is a party to that proceeding.

11I. Compulsory conference

The presiding member at a compulsory conference in a proceeding under the
Health Records Act 2001 may refer any matter to the Health Services
Commissioner for investigation, negotiation or conciliation.

11J. Settlement offers

Sections 112 to 115 do not apply to a proceeding under the
Health Records Act 2001.



12. Referral to Director, Building Commission or Building Practitioners Board





(1) The Tribunal may request the Director, the Building Commission or the
Building Practitioners Board to investigate any matter that arises in a
proceeding under the Domestic Building Contracts Act 1995.

(2) The Director, Commission or Board may investigate a matter on request
under subclause (1) and, if the Director, Commission or Board does so, they
must report on the investigation to the Tribunal.

12A. Tribunal may request information about domestic building dispute



(1) The Tribunal may request the Director or the Building Commission to
provide the Tribunal with any information held by the Director or the
Commission that relates to a proceeding under the
Domestic Building Contracts Act 1995 in relation to a domestic building
dispute within the meaning of section 3 of that Act.

(2) The Director or the Commission (as the case requires) must comply with a
request under subclause (1).





12B. Commissioner

In this Part- Commissioner means the Commissioner appointed under section 170
of the Equal Opportunity Act 1995.

13. Constitution of Tribunal in special complaint proceedings

In a proceeding in respect of a special complaint under Division 5 of Part 7
of the Equal Opportunity Act 1995 a party may require that the Tribunal be
constituted by the President (whether with or without others).

14. Unincorporated associations can be parties



(1) Section 61(1) does not apply to a proceeding under the
Equal Opportunity Act 19959.

(2) An unincorporated association that is a party to a proceeding under the
Equal Opportunity Act 1995 has the same right to representation in the
proceeding as a body corporate.

15. Commissioner is not a party to a review of Commissioner's determination

Despite section 59(1)(b)(ii), the Commissioner is not a party to a proceeding
for review of a determination made by the Commissioner under section 119 of
the Equal Opportunity Act 1995 (expedited complaint).

16. Certain procedures and rights not to apply in respect of determinations
regarding expediting a complaint



(1) Nothing in section 45 (right to reasons) applies to a decision being a
determination of the Commissioner under section 119 of the
Equal Opportunity Act 1995.



(2) Sections 49, 50(3), 51(2)(d) and 51(3)(b) do not apply to a proceeding for
review of a determination under section 119 of the Equal Opportunity Act 1995.

17. Joinder of parties

The Tribunal may not make an order under section 60 joining a person as a
party in any proceeding under section 109, 121 or 124 of the
Equal Opportunity Act 1995.

18. Notification of commencement in certain section 83 matters



(1) If the Tribunal proposes to grant, renew or revoke an exemption under
section 83 of the Equal Opportunity Act 1995 on its own initiative, it must
notify, in any manner it thinks fit, all persons whose interests, in the
opinion of the Tribunal, may be affected by the proposed grant, renewal or
revocation.

(2) For the purposes of subclause (1)-

   (a)  interests means interests of any kind and is not limited to
        proprietary, economic or financial interests;

   (b)  a reference to interests affected includes a reference to interests
        that are directly or indirectly affected and whether or not any other
        person's interests are also affected by the proposed grant, renewal or
        revocation.

19. Notification of commencement of inquiry under section 158(3)



(1) If a matter is referred to the Tribunal for inquiry under section 158(3)
of the Equal Opportunity Act 1995, the principal registrar must notify, in the
manner specified by the Tribunal-

   (a)  any person alleged to have been discriminated against; and

   (b)  any other person the Tribunal directs be notified.

(2) The Tribunal may direct that notification under subclause (1) be done by
the publication of an advertisement in the manner specified by the Tribunal.

20. Notification in other proceedings



(1) If an application is made under section 109(1) (strike out), section 121
(review), section 124 (expedited complaint) or section 131 (interim order) or
a referral under section 111 (Minister's referral) of the
Equal Opportunity Act 1995, the principal registrar must notify the
Commissioner.

(2) Subclause (1) does not apply in the case of an application by the
Commissioner under section 131 of the Equal Opportunity Act 1995.





21. Withdrawal of proceeding



(1) Despite section 74(1), an applicant is not required to obtain the leave of
the Tribunal to withdraw an application or referral under the
Equal Opportunity Act 1995.

(2) Nothing in subclause (1) affects the Tribunal's power to award costs in
any proceeding that is withdrawn.

22. Commissioner may apply for interim injunction

The Commissioner may apply for an order granting an interim injunction under
section 123 in a proceeding under the Equal Opportunity Act 1995 whether or
not the Commissioner is a party to that proceeding.



23. Compulsory conference

The person presiding at a compulsory conference in a proceeding under the
Equal Opportunity Act 1995 may refer any matter to the Commissioner for
investigation, negotiation or conciliation.

24. Exemptions under section 83



(1) The Tribunal may determine to grant an exemption under section 83 of the
Equal Opportunity Act 1995 without a hearing whether or not the parties agree
to dispense with the hearing.

(2) For the avoidance of doubt, an exemption under section 83 of the
Equal Opportunity Act 1995 is not an order of the Tribunal.

25. Restriction on evidence in certain proceedings



(1) A party is not entitled to call or give oral evidence at a hearing of an
application under section 109, 121 or 124 of the Equal Opportunity Act 1995,
but is entitled to make written or oral submissions.

(2) For the avoidance of doubt, the Tribunal may allow a party to call or give
evidence in the circumstances referred to in subclause (1) if the Tribunal
thinks fit.

26. Evidence of mediation not admissible even if parties agree



(1) Evidence of anything said or done in the course of a mediation in a
proceeding under the Equal Opportunity Act 1995 is not admissible in any
hearing before the Tribunal in the proceeding, whether or not the parties
agree to the giving of the evidence.

(2) Section 92 does not apply to a proceeding under the
Equal Opportunity Act 1995.

27. Costs of special complaint proceedings



(1) The Tribunal may order the payment of costs in any proceeding in respect
of a special complaint under Division 5 of Part 7 of the
Equal Opportunity Act 1995.

(2) Unless there are special circumstances, costs ordered under subclause (1)
must reflect-

   (a)  the costs reasonably incurred by the person in whose favour the order
        for costs is made; and

   (b)  any other pecuniary loss incurred by the person because of the
        proceeding.

(3) If a party that is the State, an agency of the State or a person funded in
whole or part by the State requires the Tribunal to be constituted by the
President for the purposes of a proceeding in respect of a special complaint,
the Tribunal must, unless there are special circumstances and regardless of
who succeeds in the proceeding, order that party to pay an amount fixed by the
Tribunal that reasonably reflects the additional costs incurred by the other
party as a result of the complaint having been treated as a special complaint.

(4) If the President determines that a complaint is not a special complaint,
the Tribunal must order that the party who required the Tribunal to be
constituted by the President for the purposes of the proceeding in respect of
the complaint must pay all costs relating to the making of that determination.

(5) Section 109 does not apply to a proceeding in respect of a special
complaint.





28. Settlement offers

Sections 112 to 115 do not apply to a proceeding under the
Equal Opportunity Act 1995.







28AA. What is a small claim?

In this Part small claim has the meaning that it has in Part 9 of the
Fair Trading Act 1999.

28BB. Representation



(1) A party to a proceeding relating to a small claim may be represented by a
professional advocate only if-

   (a)  the Tribunal is satisfied that no other party to the proceeding will
        be unfairly disadvantaged if the representation is allowed; and

   (b)  either-

   (i)  all parties to the proceeding agree; or

   (ii) the Tribunal directs that the representation be allowed.

(2) Section 62(1)(b) does not apply to a proceeding relating to a small claim.

28CC. Withdrawal of application

Despite section 74(1), a person who lodges an application relating to a small
claim may withdraw that application without the leave of the Tribunal.

28DD. Tribunal cannot extend time for commencing proceedings

Section 126(1) does not apply to a proceeding relating to a small claim.

28EE. Member of Tribunal can mediate



(1) Section 88(6) does not apply to a proceeding relating to a small claim.

(2) If the mediator is a member of the Tribunal a party may object to the
mediator constituting the Tribunal (whether with or without others) for the
purpose of hearing the proceeding.

(3) An objection under subclause (2) must be made to the Tribunal before or at
the commencement of the hearing.

28FF. Resolution of objection to certain members constituting the Tribunal



(1) If a party to a proceeding relating to a small claim objects to the member
who presided over a compulsory conference in the proceeding, or to a mediator
in the proceeding, constituting the Tribunal for the purpose of hearing the
proceeding (whether with or without others), the Tribunal must determine
whether or not the member may continue to constitute the Tribunal for that
purpose.

(2) For the purpose of making a determination under subclause (1), the
Tribunal may be constituted (whether with or without others) by the member
against whom the objection was made.

(3) Section 86(3) does not apply to a proceeding relating to a small claim.





28GG. Costs and security for costs



(1) The Tribunal cannot order costs in a proceeding relating to a small claim,
except in a review of a determination under section 120 in respect of such a
proceeding.

(2) Section 79 does not apply to a review of a determination under section 120
in respect of a proceeding relating to a small claim.

28HH. Reasons must be requested at time of decision

Despite anything to the contrary in section 117(2), the Tribunal is not
obliged to give a person written reasons for an order made in a proceeding
relating to a small claim unless the person has made a request to the Tribunal
for written reasons for orders that may be made in the proceeding before or at
the time of the giving or notification of the Tribunal's decision in the
proceeding.



29. Statement of reasons for decision

A decision-maker complies with section 46 in relation to a request for a
statement of reasons for a decision made under the
Freedom of Information Act 1982 if the decision-maker gives, or has given, the
person who made the request a notice that complies with section 27 of that
Act.

29A. Person whose personal privacy is affected may intervene

If-

   (a)  an agency or Minister makes a decision refusing to grant access to a
        document under the Freedom of Information Act 1982; and

   (b)  a reason for the decision is that the document is an exempt document
        under section 33(1) of that Act because its disclosure would involve
        the unreasonable disclosure of information relating to the personal
        affairs of a person-

the person to whom the information relates may intervene in a proceeding on an
application under section 50(2)(a) of that Act for review of the decision.

29B. Powers of Tribunal



(1) This clause applies to an application to the Tribunal for the review of a
decision refusing to grant access to a document in accordance with a request,
where-

   (a)  the document is claimed to be an exempt document under section 29A of
        the Freedom of Information Act 1982; and

   (b)  a certificate is in force in respect of the document under section
        29A(2) of that Act.

(2) The Tribunal shall, if the applicant so requests, determine the question
whether there exist reasonable grounds for the claim referred to in subclause
(1)(a).

29C. Constitution of Tribunal for purposes of proceedings under clause 29B



(1) If a request is made to the Tribunal in accordance with clause 29B(2), the
Tribunal must be constituted in accordance with subclause (2) for the purposes
of any proceedings for the determination of the question referred to in that
clause.

(2) For the purposes of a proceeding referred to in subclause (1) the Tribunal
is to be constituted by a judicial member or judicial members.

29D. Hearing of certain proceedings before the Tribunal



(1) At the hearing of a proceeding referred to in clause 29C(1), the Tribunal
must hold in private the hearing of any part of the proceeding during which-

   (a)  evidence or information is given, or a document is produced, to the
        Tribunal by-

   (i)  an agency or an officer of an agency; or

   (ii) a Department Head or a member of staff of a Department Head; or

   (iii) the Chief Commissioner of Police or a member of staff of the Chief
        Commissioner of Police; or

   (b)  a submission is made to the Tribunal by or on behalf of an agency,
        Department Head or the Chief Commissioner of Police in relation to the
        claim that the document is an exempt document-

and must hold the hearing of any other part of the proceeding in public.

(2) Where the hearing of any part of a proceeding is held in private in
accordance with subclause (1), the Tribunal-

   (a)  may, by order, give directions as to the persons who may be present at
        that hearing; and

   (b)  must give directions prohibiting the publication of-

   (i)  any evidence or information given to the Tribunal; or

   (ii) the contents of any documents lodged with, or received in evidence by,
        or produced to, the Tribunal; or

   (iii) any submission made to the Tribunal at that hearing.

30. Tribunal file in FOI proceeding not open for inspection

Despite anything to the contrary in section 146, the file kept by the
principal registrar under that section in a proceeding under the
Freedom of Information Act 1982 is not open for inspection or copying by any
person.



31. Constitution of Tribunal for proceedings



(1) Section 64(2)(a) does not apply to a proceeding under the
Guardianship and Administration Act 1986, other than a proceeding for a
temporary order under Division 4 of Part 4 or Division 4 of Part 5.

(2) The Tribunal is to be constituted for the purposes of a proceeding for a
temporary order under Division 4 of Part 4 or Division 4 of Part 5 of the
Guardianship and Administration Act 1986 by-

   (a)  a presidential member; or

   (b)  a member who is a legal practitioner-

sitting alone.

(3) The Tribunal is to be constituted for the purposes of a rehearing under
Division 1 of Part 6 of the Guardianship and Administration Act 1986 by-

   (a)  a senior member or presidential member, if the order at first instance
        was made by the Tribunal constituted by an ordinary member;



   (b)  a presidential member, if the order at first instance was made by the
        Tribunal constituted by a senior member;

   (c)  a judicial member, if the order at first instance was made by the
        Tribunal constituted by a Deputy President;

   (d)  a Vice President, if the order at first instance was made by the
        Tribunal constituted by more than one member (except where one or more
        of the members was a Vice President);

   (e)  the President, if the order at first instance was made by the Tribunal
        constituted by a Vice President (whether with or without others).

32. Notification of commencement



(1) Despite section 72(3), the Tribunal cannot make an order dispensing with
service of a copy of an application under the
Guardianship and Administration Act 1986 on the Public Advocate.

(2) The Tribunal must inform the Public Advocate if it makes an order under
section 72(3) dispensing with service of a copy of an application under the
Guardianship and Administration Act 1986 for a guardianship order or an
administration order (including a temporary order) on the person in respect of
whom the application is made.

33. Public Advocate may intervene or be joined

The Public Advocate-

   (a)  may intervene at any time; and

   (b)  is entitled to be joined as a party-

in a proceeding under the Guardianship and Administration Act 1986.

34. Withdrawal of application does not preclude future application

Section 74(2)(d) does not apply to a proceeding under the
Guardianship and Administration Act 1986.

35. Referral to administrators for report



(1) The Tribunal may refer any matter relating to a proceeding under the
Guardianship and Administration Act 1986 to a government department, public
authority, service provider, the Public Advocate or a guardian or
administrator appointed under that Act for investigation and report.

(2) A person or body to whom a matter is referred under this clause must
investigate and report to the Tribunal on that matter.

(3) The Tribunal must not determine a question referred to a person or body
under this clause unless the Tribunal has received and considered the report
of the person or body.

36. Proceeding not invalidated by failure to give notice

A hearing or order of the Tribunal in a proceeding under the
Guardianship and Administration Act 1986 is not invalidated or affected only
because of a failure to give notice-

   (a)  to a person in respect of whom an application has been made or to a
        represented person (within the meaning of that Act) if the Tribunal-

   (i)  has dispensed with the requirement for notice to be given to that
        person; and

   (ii) has notified the Public Advocate that it has done so; or

   (b)  to any other person.

37. Confidentiality of proceedings



(1) Unless the Tribunal orders otherwise, a person must not publish or
broadcast or cause to be published or broadcast any report of a proceeding
under the Guardianship and Administration Act 1986 that identifies, or could
reasonably lead to the identification of, a party to the proceeding.

Penalty: 20 penalty units.

(2) The Tribunal may make an order under subclause (1) only if it considers
that it would be in the public interest to do so.

(3) An order of the Tribunal under subclause (1) must specify that pictures
are not to be taken of any party to the proceeding.

38. Settlement offers

Sections 112 to 115 do not apply to a proceeding under the
Guardianship and Administration Act 1986.



39. National Trust must be given opportunity to be heard

The National Trust (within the meaning of the Heritage Act 1995)-

   (a)  may intervene at any time; and

   (b)  is entitled to be joined as a party-

in a proceeding under Division 1 of Part 4 of that Act.









40. Referral to Director, Building Commission or Building Practitioners Board





(1) The Tribunal may request the Director, the Building Commission or the
Building Practitioners Board to investigate any matter that arises in a
proceeding under the House Contracts Guarantee Act 1987.

(2) The Director, Commission or Board may investigate a matter on request
under subclause (1) and, if the Director, Commission or Board does so, they
must report on the investigation to the Tribunal.









40A. Intervention by Privacy Commissioner

The Privacy Commissioner may intervene at any time in a proceeding under the
Information Privacy Act 2000.

40B. Notification in other proceedings



(1) If an application is made under section 38 (interim order) or a referral
under section 31 (Minister's referral) of the Information Privacy Act 2000,
the principal registrar must notify the Privacy Commissioner.

(2) Subclause (1) does not apply in the case of an application by the Privacy
Commissioner under section 38 of the Information Privacy Act 2000.

40C. Privacy Commissioner may apply for interim injunction

The Privacy Commissioner may apply for an order granting an interim injunction
under section 123 in a proceeding under the Information Privacy Act 2000
whether or not he or she is a party to that proceeding.

40D. Compulsory conference

The presiding member at a compulsory conference in a proceeding under the
Information Privacy Act 2000 may refer any matter to the Privacy Commissioner
for investigation, negotiation or conciliation.

40E. Settlement offers

Sections 112 to 115 do not apply to a proceeding under the
Information Privacy Act 2000.



40F. Constitution of Tribunal for proceedings

The Tribunal is to be constituted for the purposes of a rehearing under
Subdivision 2 of Division 6 of Part XIA of the Instruments Act 1958 by-

   (a)  a senior member or presidential member, if the order at first instance
        was made by the Tribunal constituted by an ordinary member;

   (b)  a presidential member, if the order at first instance was made by the
        Tribunal constituted by a senior member;

   (c)  a judicial member, if the order at first instance was made by the
        Tribunal constituted by a Deputy President;





   (d)  a Vice President, if the order at first instance was made by the
        Tribunal constituted by more than one member (except where one or more
        of the members was a Vice President);

   (e)  the President, if the order at first instance was made by the Tribunal
        constituted by a Vice President (whether with or without others).

41. Public Advocate may intervene or be joined

The Public Advocate-

   (a)  may intervene at any time; and

   (b)  is entitled to be joined as a party-

in a proceeding under Division 6 of Part XIA of the Instruments Act 1958.

42. Referral to administrators for report



(1) The Tribunal may refer any matter relating to a proceeding under Division
6 of Part XIA of the Instruments Act 1958 to a government department, public
authority, service provider, the Public Advocate or a guardian or
administrator appointed under that Act for investigation and report.

(2) A person or body to whom a matter is referred under this clause must
investigate and report to the Tribunal on that matter.

(3) The Tribunal must not determine a question referred to a person or body
under this clause unless the Tribunal has received and considered the report
of the person or body.

43. Proceeding not invalidated by failure to give notice

A hearing or order of the Tribunal in a proceeding under Division 6 of Part
XIA of the Instruments Act 1958 is not invalidated or affected only because of
a failure to give notice-

   (a)  to a person in respect of whom an application has been made, if the
        Tribunal-

   (i)  has dispensed with the requirement for notice to be given to that
        person; and

   (ii) has notified the Public Advocate that it has done so; or

   (b)  to any other person.

44. Confidentiality of proceedings



(1) Unless the Tribunal orders otherwise, a person must not publish or
broadcast or cause to be published or broadcast any report of a proceeding
under Division 6 of Part XIA of the Instruments Act 1958 that identifies, or
could reasonably lead to the identification of, a party to the proceeding.

Penalty: 20 penalty units.

(2) The Tribunal may make an order under subclause (1) only if it considers
that it would be in the public interest to do so.

(3) An order of the Tribunal under subclause (1) must specify that pictures
are not to be taken of any party to the proceeding.





45. Documents to accompany application

An application under section 80(a) of the
Land Acquisition and Compensation Act 1986 must be accompanied by-

   (a)  the notice of acquisition (if appropriate); and

   (b)  the initial offer of compensation made by the Authority (if any); and



   (c)  the claim made by the claimant; and

   (d)  the reply (if any) of the Authority to the claim.

46. Costs

Nothing in section 109 applies to a proceeding under the
Land Acquisition and Compensation Act 198611.







46A. More appropriate forum

Section 77(2) does not apply to a proceeding under Division 4 of Part 4.3
(Civil Complaints and Disputes) of the Legal Profession Act 2004.

46B. Representation and appearances



(1) A law practice that is a party to any proceeding under the
Legal Profession Act 2004 may appear or be represented by-

   (a)  a principal of the law practice; or

   (b)  an employee of the law practice authorised in writing by a principal
        of the practice to appear on the practice's behalf.

(2) Subclause (1) does not affect or take away from section 62 (other than
section 62(3)).

(3) Unless the Tribunal gives leave, a complainant within the meaning of the
Legal Profession Act 2004 is entitled to appear in a proceeding in relation to
the complaint only if the Tribunal is considering making an order referred to
in section 4.3.17(1)(a) to (e) of that Act (whether at the request of the
complainant or otherwise).

46C. Constitution of Tribunal for rehearings

The Tribunal is to be constituted for the purposes of a rehearing under
Division 5 of Part 4.4 of the Legal Profession Act 2004 by at least 2 members,
of whom at least one must not be an Australian legal practitioner and at least
one must be-

   (a)  a senior member or presidential member, if the order at first instance
        was made by the Tribunal constituted by an ordinary member;

   (b)  a presidential member, if the order at first instance was made by the
        Tribunal constituted by a senior member;

   (c)  a judicial member, if the order at first instance was made by the
        Tribunal constituted by a Deputy President;

   (d)  a Vice President, if the order at first instance was made by the
        Tribunal constituted by more than one member (except where one or more
        of the members was a Vice President);

   (e)  the President, if the order at first instance was made by the Tribunal
        constituted by a Vice President (whether with or without others).

46D. Costs in disciplinary matters



(1) Subject to this clause, the costs of a proceeding under Division 4 or 5 of
Part 4.4 of the Legal Profession Act 2004 are in the discretion of the
Tribunal.

(2) The Tribunal must make an order requiring an Australian legal practitioner
whom it has found guilty of unsatisfactory professional conduct or
professional misconduct to pay costs (including the costs of the Commissioner
and the complainant (if any)) unless the Tribunal is satisfied that
exceptional circumstances exist.

(3) The Tribunal must not make an order for costs against the Commissioner
unless satisfied that special circumstances make it appropriate to do so.

(4) Section 109 does not apply to a proceeding under Division 4 or 5 of
Part 4.4 of the Legal Profession Act 2004.

(5) In this clause, Australian legal practitioner, Commissioner and
complainant have the same meaning as in the Legal Profession Act 2004.



46E. Constitution of Tribunal



(1) The Tribunal is to be constituted for the purposes of proceedings under
sections 30, 81D, 81E and 81J(1)(b) of the Local Government Act 1989 by at
least 2 members-

   (a)  one of whom is a senior member and has been admitted to legal
        practice;

   (b)  one of whom is a person who has at least 5 years experience in local
        government governance matters.

(2) The Tribunal is to be constituted for the purposes of proceedings for
review of a decision made by a Councillor Conduct Panel under section 81Q of
the Local Government Act 1989 by a senior member who has been admitted to
legal practice sitting alone.





46F. Costs

Despite section 109, the Council is to bear the costs of the proceedings
unless-

   (a)  the Secretary is the applicant; or

   (b)  VCAT otherwise orders.





47. Public Advocate may intervene or be joined

The Public Advocate-

   (a)  may intervene at any time; and

   (b)  is entitled to be joined as a party-

in a proceeding under section 5C of the Medical Treatment Act 1988.

48. Referral to administrators for report



(1) The Tribunal may refer any matter relating to a proceeding under
section 5C of the Medical Treatment Act 1988 to a government department,
public authority, service provider, the Public Advocate or a guardian or
administrator appointed under that Act for investigation and report.

(2) A person or body to whom a matter is referred under this clause must
investigate and report to the Tribunal on that matter.

(3) The Tribunal must not determine a question referred to a person or body
under this clause unless the Tribunal has received and considered the report
of the person or body.

49. Proceeding not invalidated by failure to give notice

A hearing or order of the Tribunal in a proceeding under section 5C of the
Medical Treatment Act 1988 is not invalidated or affected only because of a
failure to give notice-

   (a)  to a person in respect of whom an application has been made, if the
        Tribunal-

   (i)  has dispensed with the requirement for notice to be given to that
        person; and

   (ii) has notified the Public Advocate that it has done so; or

   (b)  to any other person.

50. Confidentiality of proceedings



(1) Unless the Tribunal orders otherwise, a person must not publish or
broadcast or cause to be published or broadcast any report of a proceeding
under section 5C of the Medical Treatment Act 1988 that identifies, or could
reasonably lead to the identification of, a party to the proceeding.

Penalty: 20 penalty units.

(2) The Tribunal may make an order under subclause (1) only if it considers
that it would be in the public interest to do so.

(3) An order of the Tribunal under subclause (1) must specify that pictures
are not to be taken of any party to the proceeding.







51. Costs

Nothing in section 109 applies to a proceeding under the Mineral Resources
(Sustainable Development) Act 199012.







51AA. Representation

In a proceeding under Part 5 of the
Owner Drivers and Forestry Contractors Act 2005, a party may be represented
by-

   (a)  a professional advocate; or

   (b)  the party's negotiating agent (within the meaning of that Act); or

   (c)  in the case of a party that is a contractor-an association, including
        a trade union, that represents contractors or a class of contractors;
        or

   (d)  in the case of a party that is a hirer-an association that represents
        hirers or a class of hirers.

51AB. Costs



(1) In determining whether to make an order for costs in a proceeding under
the Owner Drivers and Forestry Contractors Act 2005, the Tribunal may have
regard to whether a party refused to take part in, or withdrew from,
alternative dispute resolution conducted under Part 5 of that Act.

(2) Subclause (1) is in addition to the matters that the Tribunal may have
regard to under section 109(3).

51AC. Effect of certain orders

Section 118(1) does not apply to an order made under section 46 or 51 of the
Owner Drivers and Forestry Contractors Act 2005.

* * * * *













51AD. Any member of Tribunal may make a declaration

Despite anything to the contrary in section 124, a declaration may be made in
a proceeding under the Owners Corporations Act 2006 by the Tribunal
constituted by any member.



52. Constitution of Tribunal



(1) The Tribunal is to be constituted for the purposes of a proceeding under a
planning enactment by-

   (a)  one member who has sound knowledge of, and experience in, planning or
        environmental practice in Victoria; or

   (b)  if it is constituted by 2 members, at least one member who has sound
        knowledge of, and experience in, planning or environmental practice in
        Victoria; or

   (c)  if it is constituted by 3, 4 or 5 members, at least 2 members who have
        sound knowledge of, and experience in, planning or environmental
        practice in Victoria.

(2) Section 64(2) does not apply to a proceeding under a planning enactment.

53. Decision-maker not obliged to give reasons

Nothing in section 45 applies to a decision under a planning enactment.

54. Decision-maker not obliged to lodge documents

Nothing in section 49 applies to a decision under a planning enactment.

55. Further notice if there is a failure to comply with legislation



(1) If in any proceeding under a planning enactment the Tribunal considers
that there has been a failure to comply with any enactment, the Tribunal may
direct that a specified party give notice or further notice of the proceeding
to any person, in the form and manner specified by the Tribunal.

(2) The Tribunal may adjourn the proceeding for the purpose of allowing notice
or further notice to be given.

(3) If the Tribunal directs that a responsible authority gives notice or
further notice under this clause, the Tribunal may order that another party
pay the responsible authority's costs of giving the notice.

56. Parties to lodge grounds



(1) A person who wishes to contest a proceeding under a planning enactment
must lodge with the Tribunal, in accordance with the rules, a statement of the
grounds on which the person intends to rely at the hearing of the proceeding.





(2) Subclause (1) does not apply to a responsible authority in a proceeding-

   (a)  for review of a decision of the authority-

   (i)  to refuse to grant a permit; or

   (ii) to extend time within which any development is to be commenced or
        completed; or

   (b)  in respect of the failure of the authority to grant a permit.

(3) A copy of each statement lodged under subclause (1) must be served on the
applicant and the responsible authority.

(4) If a person fails to comply with this clause, the Tribunal must not allow
the person to be heard in the proceeding unless it has obtained and considered
the views of the applicant and the responsible authority on whether or not the
person should be heard.

57. Intervention



(1) The relevant Minister may intervene at any time in a proceeding under a
planning enactment if he or she considers that-

   (a)  the proceeding raises a major issue of policy; and

   (b)  in the case of a review brought under the
        Planning and Environment Act 1987, the determination of the review may
        have a substantial effect on the future planning of the area in which
        the land the subject of the review is situated.

(2) For the avoidance of doubt, the relevant Minister may intervene in a
proceeding under a planning enactment after the Tribunal has heard the
proceeding but before it has delivered its final determination in the
proceeding.

(3) Section 73 does not apply to a proceeding under a planning enactment.

(4) In this clause-

relevant Minister means the Minister administering the planning enactment
under which the proceeding is brought.

58. Minister's call in powers in Planning and Environment Act matters



(1) This clause applies to a proceeding for review of a decision under the
Planning and Environment Act 1987 if the Minister administering the
Planning and Environment Act 1987 considers that-

   (a)  the proceeding raises a major issue of policy; and

   (b)  the determination of the proceeding may have a substantial effect on
        the achievement or development of planning objectives.

(2) The Minister administering the Planning and Environment Act 1987 may-

   (a)  by notice in writing to the principal registrar call in the
        proceeding; or

   (b)  invite the Tribunal-

   (i)  to decline to hear or to continue to hear the proceeding and refer it
        to the Governor in Council for determination; or

   (ii) to hear or to continue to hear the proceeding but, without determining
        it, refer it with recommendations to the Governor in Council for
        determination.

(3) A notice or invitation under subclause (2) is of no effect unless it is
given-

   (a)  before the final determination of the proceeding; and

   (b)  no later than 7 days before the day fixed for the hearing of the
        proceeding.

(4) If the Minister calls in a proceeding under subclause (2)(a)-

   (a)  the Tribunal must not commence or continue to hear the proceeding; and

   (b)  the principal registrar must refer the proceeding to the Governor in
        Council for determination.

(5) In subclause (3) a reference to a hearing does not include a reference to
a hearing in the nature of a directions hearing, preliminary hearing or
interlocutory hearing.

(6) This clause applies to a proceeding existing on or after the commencement
of section 3 of the Victorian Civil and Administrative Tribunal (Amendment)
Act 2004.

59. Call in powers in other planning matters



(1) This clause applies to a proceeding for review of a decision under a
planning enactment other than the Planning and Environment Act 1987 if the
Minister administering the relevant planning enactment considers that the
proceeding raises a major issue of policy.

(2) The Minister administering the relevant planning enactment may request the
Minister administering the Planning and Environment Act 1987 to-

   (a)  by notice in writing to the principal registrar call in the
        proceeding; or



   (b)  invite the Tribunal-

   (i)  to decline to hear or to continue to hear the proceeding and refer it
        to the Governor in Council for determination; or

   (ii) to hear or to continue to hear the proceeding but, without determining
        it, refer it with recommendations to the Governor in Council for
        determination.

(3) The Minister administering the Planning and Environment Act 1987 must
comply with a request under subclause (2).

(4) A notice or invitation under this clause is of no effect unless it is
given-

   (a)  before the final determination of the proceeding; and

   (b)  no later than 7 days before the day fixed for the hearing of the
        proceeding.

(5) If the Minister calls in a proceeding by notice under this clause-

   (a)  the Tribunal must not commence or continue to hear the proceeding; and

   (b)  the principal registrar must refer the proceeding to the Governor in
        Council for determination.

(6) In subclause (4) a reference to a hearing does not include a reference to
a hearing in the nature of a directions hearing, preliminary hearing or
interlocutory hearing.

(7) This clause applies to a proceeding existing on or after the commencement
of section 3 of the Victorian Civil and Administrative Tribunal (Amendment)
Act 2004.

60. Tribunal may refer planning matters to Governor in Council



(1) This clause applies to a proceeding for review of a decision under a
planning enactment if, after the hearing of the proceeding has begun, the
Tribunal considers that-

   (a)  the proceeding raises a major issue of policy; and

   (b)  in the case of a proceeding for review of a decision under the
        Planning and Environment Act 1987, the determination of the proceeding
        may have a substantial effect on the achievement or development of
        planning objectives.

(2) In a proceeding to which this clause applies, the Tribunal-

   (a)  may invite the Minister administering the
        Planning and Environment Act 1987 to make submissions to the Tribunal;
        and

   (b)  may continue to hear the proceeding but, without determining it, refer
        it with recommendations to the Governor in Council for determination.

61. Effect of referral to Governor in Council



(1) If a proceeding is referred to the Governor in Council under clause 58, 59
or 60-

   (a)  the principal registrar must-

   (i)  give a copy of the recommendations that accompanied the referral to
        each party to the proceeding within a reasonable time after the
        referral; and

   (ii) make a copy of the recommendations available during office hours for
        inspection by any person without charge; and

   (b)  the Governor in Council may determine the proceeding and make any
        orders in relation to the proceeding that could have been made by the
        Tribunal.

(1A) If a proceeding is referred to the Governor in Council under clause 58,
59 or 60, the Governor in Council is not bound by any decision, determination
or order made by the Tribunal in the proceeding.

(2) An order made by the Governor in Council referred to in subclause (1)(b)
is deemed to be an order of the Tribunal.

62. Tribunal may disregard failures to comply

The Tribunal has jurisdiction to determine a proceeding under a planning
enactment despite any failure to comply with the planning enactment or any
other enactment and, in doing so, may determine to disregard that failure if
the Tribunal considers it in the interests of justice to do so.

62A. Support person



(1) If a party to a proceeding under the Residential Tenancies Act 1997 is a
protected person or a respondent under a family violence intervention order
under the Family Violence Protection Act 2008, the party may be accompanied at
a hearing by a person (a support person) for the purposes of that person
providing support to the party.

(2) The support person may be-

   (a)  a legal practitioner; or

   (b)  a social worker; or

   (c)  a friend or family member of the party; or

   (d)  any other person chosen by the party.

63. Costs



(1) In determining whether or not to make an order for costs in a proceeding
under the Planning and Environment Act 1987, the Tribunal may have regard to
whether the proceeding was brought primarily to secure or maintain a direct or
indirect commercial advantage for the person who brought the proceeding.

(2) Subclause (1) is in addition to the matters that the Tribunal may have
regard to under section 109(3).

64. Amendment of application



(1) This clause applies to the following proceedings-

   (a)  a proceeding for review of a decision under the
        Planning and Environment Act 1987 of a responsible authority in
        respect of an application for a permit or the failure of a responsible
        authority to grant a permit;

   (b)  a proceeding for review of a decision under the
        Environment Protection Act 1970 in relation to-

   (i)  a determination of the Environment Protection Authority or a delegated
        agency in respect of an application for a works approval or licence;
        or

   (ii) a failure of the Environment Protection Authority or a delegated
        agency to determine an application for a works approval or licence.



(2) At any time in a proceeding to which this clause applies the Tribunal may
make any amendment it thinks fit to the application for the permit, works
approval or licence the subject of the proceeding.

(3) Without limiting the generality of subclause (2), the Tribunal may make an
amendment to an application for a permit under the
Planning and Environment Act 1987-

   (a)  as to a use or development different from the use or development
        mentioned in the application;

   (b)  as to the land to the use or development of which the application
        relates.

(4) This clause is in addition to, and does not limit or affect section 127.

65. Extension of time



(1) The Tribunal must not extend the time for commencing a proceeding under a
planning enactment if-

   (a)  a proceeding in respect of the same or related facts and circumstances
        has already been set down for hearing; or

   (b)  a permit, licence or works approval has been issued to any person on
        or after the expiration of the time appointed for lodging an
        application for review of the decision to grant that permit, licence
        or approval.

(2) Subclause (1) does not apply if leave is granted under section 82B of the
Planning and Environment Act 1987.





66. Questions of law



(1) Despite section 107(1), if the Tribunal is constituted for the purposes of
a proceeding under a planning enactment without a judicial member or a member
who is a legal practitioner, a question of law arising in the proceeding may
be decided-

   (a)  by the presiding member unless the parties that are present at the
        hearing of the proceeding disagree; or



   (b)  in accordance with the opinion of a judicial member or a member who is
        a legal practitioner nominated by the President.

(2) Section 107(3)(b) does not apply to a proceeding under a planning
enactment.

(3) For the purpose of this clause, the determination of a question of law in
a proceeding under a planning enactment is deemed to be an order for the
purposes of section 120.









66A. Constitution of Tribunal

In a proceeding under Part IV of the Property Law Act 1958, the Tribunal is to
be constituted by or is to include a member who, in the opinion of the
President, has knowledge of or experience in property law matters.







67. Representation

Despite section 62(1)(b), a party to a proceeding for a possession order under
the Residential Tenancies Act 1997 may be represented by a professional
advocate.

68. Notification not required for certain applications

Section 72 does not apply to an application under section 414 of the
Residential Tenancies Act 1997 (application for rent owing if tenant cannot be
located).

69. Withdrawal of application



(1) Despite section 74(1), an applicant is not required to obtain the leave of
the Tribunal to withdraw an application under the
Residential Tenancies Act 1997.

(2) Nothing in subclause (1) affects the Tribunal's power to award costs in
any proceeding that is withdrawn.

70. Member of Tribunal can mediate



(1) Section 88(6) does not apply to a proceeding under the
Residential Tenancies Act 1997.

(2) If the mediator is a member of the Tribunal, a party may object to the
mediator constituting the Tribunal (whether with or without others) for the
purpose of hearing the proceeding.

(3) An objection under subclause (2) must be made to the Tribunal before or at
the commencement of the hearing.





71. Resolution of objection to certain members constituting the Tribunal



(1) If a party to a proceeding under the Residential Tenancies Act 1997
objects to the member who presided over a compulsory conference in the
proceeding, or to a mediator in the proceeding, constituting the Tribunal for
the purpose of hearing the proceeding (whether with or without others), the
Tribunal must determine whether or not the member may continue to constitute
the Tribunal for that purpose.

(2) For the purpose of making a determination under subclause (1), the
Tribunal may be constituted (whether with or without others) by the member
against whom the objection was made.

(3) Section 86(3) does not apply to a proceeding under the
Residential Tenancies Act 1997.

72. Referral to Director



(1) The principal registrar must refer an application under the
Residential Tenancies Act 1997 to the Director for investigation and report if
it is of a kind that the Director has directed the principal registrar to
refer.

(2) At any time before the hearing of an application under the
Residential Tenancies Act 1997 the principal registrar or the Tribunal, at the
request of a party, may refer the application to the Director for
investigation and report.

(3) Subclause (2) does not apply to an application for a possession order.

(4) The Director must investigate and report to the Tribunal on any
application referred to him or her under this clause.

(5) The Tribunal must not determine an application referred to the Director
unless the Tribunal has received and considered the Director's report.

73. Amendment of application

With the consent of each party, the principal registrar may amend an
application in a proceeding under the Residential Tenancies Act 1997 at any
time before it is heard.

73A. Evidence

Despite section 102(1)(b), if any of the parties to a proceeding under the
Residential Tenancies Act 1997 are the protected person and the respondent
under the same family violence intervention order under the
Family Violence Protection Act 2008, the respondent is not allowed to
personally cross-examine the protected person unless the Tribunal gives the
respondent leave to do so.

73B. Alternative arrangements for giving evidence



(1) The Tribunal may direct that any of the following alternative arrangements
be made for the giving of evidence by a witness in a proceeding under the
Residential Tenancies Act 1997-

   (a)  permitting the evidence to be given from a place other than the
        hearing room by means of closed circuit television or other facilities
        that enable communication between that place and the hearing room;

   (b)  using screens to remove a party from the witness's direct line of
        vision;

   (c)  permitting a person to be beside the witness while the witness is
        giving evidence for the purpose of providing emotional support to the
        witness;

   (d)  requiring legal practitioners to be seated while examining or
        cross-examining the witness;

   (e)  permitting only persons specified by the Tribunal to be present while
        the witness is giving evidence;

   (f)  any other alternative arrangements the Tribunal considers appropriate.

(2) If the witness is 18 years of age or over, the Tribunal may make a
direction under subclause (1) on its own initiative or on the application of a
party to the proceeding.

(3) If the witness is under 18 years of age, the Tribunal must make a
direction under subclause (1) unless it considers it is not appropriate to do
so having regard to-

   (a)  the wishes expressed by the witness; and

   (b)  the age and maturity of the witness; and

   (c)  any other matters that the Tribunal considers relevant.

(4) The Tribunal may hear an application under subclause (2), or ascertain the
matters in subclause (3), in camera and, except as otherwise directed by the
Tribunal, persons who are not parties to the proceeding or their
representatives are not permitted to be present while the hearing takes place
or the matters are being ascertained.

(5) Any place outside the hearing room where a witness is permitted to give
evidence under this section is to be taken to be part of the hearing room
while the witness is there for the purpose of giving evidence.



(6) The Tribunal may at any time in the course of the proceeding vary or
revoke a direction made under subclause (1) on its own initiative or on the
application of a party to the proceeding.

(7) In this section-

hearing room means the room in which the hearing for the proceeding is being
conducted.

74. Evidence before Tribunal cannot be used in criminal proceedings

Evidence before the Tribunal in a proceeding under the
Residential Tenancies Act 1997 cannot be used in criminal proceedings except
proceedings for an offence against this Act or the
Residential Tenancies Act 1997 or for perjury.

75. Any member of Tribunal may make a declaration

Despite anything to the contrary in section 124, a declaration may be made in
a proceeding under the Residential Tenancies Act 1997 by the Tribunal
constituted by any member.

76. Reasons must be requested at time of decision

Despite anything to the contrary in section 117(2), the Tribunal is not
obliged to give a person written reasons for an order made in a proceeding
under the Residential Tenancies Act 1997 unless the person has made a request
to the Tribunal for written reasons for orders that may be made in the
proceeding before or at the time of the giving or notification of the
Tribunal's decision in the proceeding.

77. Service on landlords

In addition to any manner of service provided for in section 140, a notice or
other document in a proceeding under the Residential Tenancies Act 1997 may be
served on, or given to, a landlord by-

   (a)  delivering it personally to the landlord's agent or to the person who
        usually collects the rent; or

   (b)  sending it by post to the landlord's agent at the agent's usual place
        of business; or

   (c)  giving it to a person apparently employed in the office of the
        landlord's agent.

77A. Failure to comply with determinations

Section 133 does not apply to the failure to comply with a determination of
the Tribunal made under the Residential Tenancies Act 1997. Note See
section 480 of the Residential Tenancies Act 1997.

* * * * *







* * * * *





88. Tribunal need not be constituted by a lawyer

Section 64(2) does not apply to a proceeding under a taxing Act.



89. Information to be provided to the Tribunal



(1) If the Commissioner of State Revenue is requested to refer a decision to
the Tribunal under a taxing Act, the Commissioner must lodge with the
Tribunal-

   (a)  written notice of the request; and

   (b)  2 copies of all documents on file in the Commissioner's office
        relating to the relevant-

   (i)  assessment or decision; and

   (ii) objection; and

   (iii) disallowance of objection.

(2) Section 49 does not apply to a proceeding under a taxing Act for review of
a decision of the Commissioner of State Revenue.

90. Compulsory conference in tax proceedings

In a proceeding under a taxing Act for review of a decision of the
Commissioner of State Revenue, the Tribunal or the principal registrar may
only require the parties to attend a compulsory conference with the consent of
the Commissioner.

91. Costs



(1) Each party is to bear their own costs in a proceeding under a taxing Act.

(2) Division 8 of Part 4 does not apply to a proceeding under a taxing Act.

91A. Reference to Commissioner to be construed as Registrar in some
circumstances

For the purposes of this Part, if the taxing Act is the
Unclaimed Money Act 2008, any reference to the Commissioner of State Revenue
is taken to be a reference to the Registrar of Unclaimed Money.



92. Costs

Nothing in section 109 applies to a proceeding under the Transport Accident
Act 198613.

93. Settlement offers

Despite section 112(1)(a), sections 112 to 115 apply to a proceeding for
review of a decision under section 77 of the Transport Accident Act 1986.

94. Tribunal cannot alter time limits

Section 126(1) and (2)(a) do not apply to a proceeding under the
Transport Accident Act 1986.



95. Tribunal need not be constituted by a lawyer

Section 64(2) does not apply to a proceeding under the
Valuation of Land Act 1960.

96. Information to be provided to the Tribunal



* * * * *



(2) Section 49 does not apply in the case of an application for review under
section 22(1) of the Valuation of Land Act 1960.

97. Notification of commencement

Section 72 does not apply to a proceeding under section 22 of the
Valuation of Land Act 1960.

98. Questions of law



(1) Despite section 107(1), if the Tribunal is constituted for the purposes of
a proceeding under the Valuation of Land Act 1960 without a judicial member or
a member who is a legal practitioner, a question of law arising in the
proceeding may be decided-

   (a)  by the presiding member if the parties agree; or

   (b)  in accordance with the opinion of a judicial member or a member who is
        a legal practitioner nominated by the President.

(2) Section 107(3)(b) does not apply to a proceeding under the
Valuation of Land Act 1960.

99. Costs

Nothing in section 109 applies to a proceeding under the Valuation of Land Act
196014.





100. Constitution of Tribunal for teaching matters

Despite section 64(2), in a proceeding under the
Education and Training Reform Act 2006, the Tribunal is to be constituted by,
or to include, a member who, in the opinion of the President, has knowledge
of, or experience in, the teaching profession.









101. Constitution of Tribunal for Working with Children matters

The Tribunal is to be constituted for the purposes of a proceeding under the
Working with Children Act 2005 by a presidential member sitting alone.

102. Review of category 2 application

If the proceeding relates to the giving of a negative notice on a category 2
application within the meaning of the Working with Children Act 2005 the
Tribunal must have regard to-

   (a)  any matter to which the Secretary may have regard under section 13(2)
        of that Act; and

   (b)  whether, in all the circumstances, it is in the public interest to
        give an assessment notice.

103. Review of category 3 application

If the proceeding relates to the giving of a negative notice on a category 3
application within the meaning of the Working with Children Act 2005 the
Tribunal must have regard to-

   (a)  any matter to which the Secretary may have regard under section 14(3)
        of that Act; and

   (b)  whether, in all the circumstances, it is in the public interest to
        give an assessment notice.

_______________

SCHEDULE 2 Section 157(2) SUBJECT MATTER FOR RULES Establishing divisions of
the Tribunal and establishing lists within those divisions. Procedure for
making applications and referrals to the Tribunal. Procedure for withdrawing
applications and referrals. The manner of giving security for costs. Procedure
for calling in experts. Procedure for referring questions to special referees.
The taking of evidence under section 103. Issuing and service of summonses.
Assessments of costs, including scales of costs to be allowed. Procedure for
filing orders of the Tribunal with a court for enforcement. Procedure for
applying for re-opening of an order, including time limits. Form and content
and procedure for maintaining the register of proceedings. Classes of persons
who are disqualified from being professional advocates for the purposes of
section 62. Service of documents. Contents of register of proceedings and
availability and procedure for inspecting and obtaining copies of register of
proceedings and proceeding files. Procedure for making and accepting
settlement offers under sections 112, 113 and 114.

Form and content of a warrant of possession under section 355 of the
Residential Tenancies Act 1997. ---------------