Director of Housing v Sudi

The Director of Housing sought a possession order against a tenant in the Victorian Civil and Administrative Tribunal (VCAT), which was granted. The tenant appealed to the Supreme Court of Victoria, arguing that the Director’s application was unlawful and contrary to the tenant's human rights under the Charter of Human Rights and Responsibilities Act 2006. The court was required to determine whether VCAT had the power to conduct a collateral review of the Director's decision and whether VCAT could determine whether the Director complied with the Charter.

The court held that VCAT did not have the power to conduct a collateral review of the Director’s decision to apply for a possession order. The powers and functions of VCAT were considered in light of the statutory regime for enforcing claims to possession. The court found that Parliament did not intend to confer on VCAT the power of collateral review. The court also found that the statutory exclusion of collateral review did not infringe the tenant's rights under the Charter. The court declined to make a declaration of inconsistent interpretation.

The Supreme Court of Victoria allowed the appeal and quashed the decision of VCAT. The Court found that VCAT had no jurisdiction to review the lawfulness of the Director’s decision to make the application for possession or to determine whether the Director complied with the Charter. The Court held that the statutory regime for enforcing claims to possession was clear and did not confer on VCAT the power of collateral review. The Court found that the statutory exclusion of collateral review did not infringe the tenant's rights under the Charter, and that the infringement was demonstrably justified. The Court declined to make a declaration of inconsistent interpretation. The decision of VCAT was quashed, and the matter was remitted to VCAT for consideration on its merits.