Untitled document

Victorian Civil and Administrative Tribunal (Amendment No. 13) Rules 2015

S.R. No. 112/2015

TABLE OF PROVISIONS

Rule  Page

Part 1—Preliminary

1Object

2Authorising provisions

3Commencement

4Principal Rules

Part 2—Amendments relating to exercise of Tribunal functions in Residential Tenancies Division by principal registrar

5Principal registrar may exercise certain Tribunal functions

Part 3—Amendments relating to fee reduction and waiver

6New Rule 4.30 inserted

7Principal registrar may exercise certain Tribunal functions

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Endnotes

STATUTORY RULES 2015

S.R. No. 112/2015

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Amendment No. 13) Rules 2015

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

Part 1—Preliminary

1Object

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

(a)to further provide for the exercise of functions of the Tribunal in the Residential Tenancies Division to be exercised by the principal registrar; and

(b)to provide for fee reduction and waiver as a result of the enactment of the Justice Legislation Amendment Act 2015.

2Authorising provisions

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

3Commencement

(1)These Rules, except Part 3, come into operation on 1 October 2015.

(2)Part 3 comes into operation on the day on which Part 7 of the Justice Legislation Amendment Act 2015 comes into operation.

4Principal Rules

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

Part 2—Amendments relating to exercise of Tribunal functions in Residential Tenancies Division by principal registrar

5Principal registrar may exercise certain Tribunal functions

(1)In Rule 9.01(f) of the Principal Rules, for "less than 3 months" substitute "3 months or less".

(2)After Rule 9.01(f) of the Principal Rules insert—

"(fa)determining adjournment applications by a landlord on the first listing of an application for possession for rent arrears under the Residential Tenancies Act 1997 where the request is for an adjournment of 3 months or less;".

(3)After Rule 9.01(o) of the Principal Rules insert—

"(oa)on an application under section 120 of the Act for a review of an order, stay and extend a warrant of possession issued under the Residential Tenancies Act 1997;".

Part 3—Amendments relating to fee reduction and waiver

6New Rule 4.30 inserted

After Rule 4.29 of the Principal Rules insert—

"4.30   Procedure for reduction or waiver of fees payable

(1)A party to a proceeding, or a person intending to commence a proceeding, may apply to the principal registrar for the reduction or waiver of a fee payable under the Act or the regulations in accordance with section 132 of the Act.

(2)An application under subrule (1) for the reduction or waiver of a fee payable must be in the form provided on the website of the Tribunal.

(3)An applicant must provide any additional information in relation to an application for reduction or waiver of a fee payable if requested to do so by the principal registrar or a registrar.

(4)If an application for the reduction or waiver of a fee payable is rejected in whole or in part by a registrar, the applicant may apply to the principal registrar for review of that determination.

(5)In considering an application for review under subrule (4), the principal registrar—

(a)may request the applicant to provide any additional information in relation to an application; and

(b)must either—

(i)affirm the determination of the registrar; or

(ii)make a determination reducing or waiving the fee payable in substitution of the determination of the registrar.".

7Principal registrar may exercise certain Tribunal functions

In Rule 9.01(d) of the Principal Rules, after "paid" insert "or the fee waived".

Dated:    29 September 2015

GREG GARDE, President

SANDRA DAVIS, Vice President

MARK DWYER, Deputy President

MARGARET BAIRD, Senior Member

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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 and subsequently amended by S.R. Nos 37/2015 and 99/2015.