EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 207 Part 7 of Schedule 1 substituted

EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 207

For Part 7 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute —

" PART 7—EQUAL OPPORTUNITY ACT 2010

        13     Meaning of Commissioner

In this Part—

Commissioner means the Commissioner appointed under section 169 of the Equal Opportunity Act 2010 .

        14     Unincorporated associations can be parties

    (1)     Section 61(1) does not apply to a proceeding under the Equal Opportunity Act 2010 .

Note

Section 187 of the Equal Opportunity Act 2010 contains provisions for unincorporated associations in proceedings under that Act.

    (2)     An unincorporated association that is a party to a proceeding under the Equal Opportunity Act 2010 has the same right to representation in the proceeding as a body corporate.

        15     Notification of commencement in certain section 89 matters

    (1)     If the Tribunal proposes to grant, renew or revoke an exemption under section 89 of the Equal Opportunity Act 2010 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.

        16     Notification in proceedings for interim orders

    (1)     If an application is made under section 121 of the Equal Opportunity Act 2010 for an interim order, the principal registrar must notify the Commissioner.

    (2)     Subclause (1) does not apply in the case of an application by the Commissioner under section 121 of the Equal Opportunity Act 2010 .

        17     Withdrawal of proceeding

    (1)     Despite section 74(1), an applicant is not required to obtain the leave of the Tribunal to withdraw an application under the Equal Opportunity Act 2010 .

    (2)     Nothing in subclause (1) affects the Tribunal's power to award costs in any proceeding that is withdrawn.

        18     Summary dismissal of application more than 12 months old

The Tribunal may make an order under section 76 summarily dismissing an application under the Equal Opportunity Act 2010 in respect of an alleged contravention of Part 4, 6 or 7 of that Act if the alleged contravention occurred more than 12 months before the application was made.

        19     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 2010 whether or not the Commissioner is a party to that proceeding.

        20     Exemptions under section 89

    (1)     The Tribunal may determine to grant an exemption under section 89 of the Equal Opportunity Act 2010 without a hearing whether or not the parties agree to dispense with the hearing.

    (2)     For the avoidance of doubt, an exemption under section 89 of the Equal Opportunity Act 2010 is not an order of the Tribunal.

        21     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 2010 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 2010 .

        22     Settlement offers

Sections 112 to 115 do not apply to a proceeding under the Equal Opportunity Act 2010 .".