Untitled document

Victorian Civil and Administrative Tribunal (Fees and Other Amendments) Rules 2016

S.R. No. 81/2016

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5New Rule 4.05B inserted

6Re-opening an order

7Procedure for reduction or waiver of fees payable

8Applications to the planning and environment list

9Form of application

10Notifications

11Application of Part

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Endnotes

STATUTORY RULES 2016

S.R. No. 81/2016

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Fees and Other Amendments) Rules 2016

The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules:

1Object

The object of these Rules is to amend the Victorian Civil and Administrative Tribunal Rules 2008—

(a)to provide for the procedure for the reduction, waiver, postponement, remission or refund of fees and charges;

and

(b)in relation to requirements for the form and content of certain applications to the Tribunal.

2Authorising provisions

These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers.

3Commencement

These Rules come into operation on 1 July 2016.

4Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 2008[1] are called the Principal Rules.

5New Rule 4.05B inserted

After Rule 4.05A of the Principal Rules insert—

"4.05B   Information in relation to fee payer status to accompany applications

For the purposes of section 67(1)(b) of the Act, an application to the Tribunal by a person or entity (other than a natural person) who is a standard fee payer within the meaning of the Victorian Civil and Administrative Tribunal (Fees) Regulations 2016 must be accompanied by a statutory declaration as to the basis on which the person or entity is a standard fee payer.".

6Re-opening an order

(1)In Rule 4.19(3)(a) of the Principal Rules, for "be in the form of an affidavit or statutory declaration that contains" substitute "state".

(2)In Rule 4.19(4)(a) of the Principal Rules, for "a further affidavit or statutory declaration" substitute "information as referred to in that subrule".

7Procedure for reduction or waiver of fees payable

(1)In the heading to Rule 4.30 of the Principal Rules, for "reduction or waiver of fees payable" substitute "reduction, waiver, postponement, remission or refund of fees payable".

(2)For Rule 4.30(1) and (2) of the Principal Rules substitute—

"(1)For the purposes of section 132 of the Act, a party to a proceeding, or a person intending to commence a proceeding, may apply to the principal registrar for the reduction, waiver, postponement, remission or refund of—

(a)a fee paid or payable under the Act or the regulations; or

(b)a fee or charge for services provided by the Tribunal of a kind not referred to in paragraph (a).

(1A)If an application referred to in subrule (1) is an application for the reduction, waiver, postponement, remission or refund of a fee or charge on the grounds of hardship, the applicant must be a natural person.

(2)The application for the reduction, waiver, postponement, remission or refund of a fee or charge must be in the form provided on the website of the Tribunal.".

(2)In Rule 4.30(3) of the Principal Rules, for "reduction or waiver of a fee payable" substitute "reduction, waiver, postponement, remission or refund of a fee or charge paid or payable".

(3)In Rule 4.30(4) of the Principal Rules, for "reduction or waiver of a fee payable" substitute "reduction, waiver, postponement, remission or refund of a fee or charge paid or payable".

(4)In Rule 4.30(5)(b)(ii) of the Principal Rules, for "reducing or waiving the fee payable" substitute "reducing, waiving, postponing, remitting or refunding the fee or charge paid or payable".

8Applications to the planning and environment list

Rule 5.03(1)(c) of the Principal Rules is revoked.

9Form of application

In Rule 5.06(1)(b) of the Principal Rules omit "the provision under which it is made and".

10Notifications

In Rule 7.02(1)(c) of the Principal Rules, for ", what unlawful conduct is claimed, and what enactment is claimed to be breached" substitute "and what unlawful conduct is claimed".

11Application of Part

In Rule 7A.02(2) of the Principal Rules, for ", 4.08, 4.19(3) and 4.19(4)" substitute "and 4.08".

Dated:    28 June 2016

GREG GARDE, President

MARILYN HARBISON, Vice President

MARK DWYER, Deputy President

MARGARET BAIRD, Senior Member

CRAIG LYNCH, Member of the Rules Committee

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Endnotes

[1] Rule 4: S.R. No. 65/2008. Reprint No. 3 as at 2 April 2015. Reprinted to S.R. No. 6/2015. Subsequently amended by S.R. Nos 37/2015, 99/2015 and 112/2015.