Untitled document

Victorian Civil and Administrative Tribunal (Amendment No. 11) Rules 2014

S.R. No. 133/2014

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5New Order 9 inserted

ORDER 9—EXERCISE OF FUNCTIONS OF
TRIBUNAL BY PRINCIPAL REGISTRAR

9.01Principal registrar may exercise certain Tribunal functions

9.02Delegation of functions by principal registrar under section 32A of the Act

6Review and Regulation List

7Human Rights List

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 133/2014

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Amendment No. 11) Rules 2014

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 performance of certain functions of the Tribunal by the Principal Registrar; and

(b)to allocate enactments to Lists.

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 October 2014.

4Principal Rules

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

5New Order 9 inserted

After Order 8 of the Principal Rules insert—

"ORDER 9—EXERCISE OF FUNCTIONS OF TRIBUNAL BY PRINCIPAL REGISTRAR

9.01Principal registrar may exercise certain Tribunal functions

For the purposes of section 157A of the Act, the Tribunal constituted by the principal registrar may perform the following functions of the Tribunal for proceedings in the Lists in the Civil Division and the Human Rights Division—

(a)striking out of a proceeding with a right to apply for reinstatement where the parties have settled a matter;

(b)striking out of a proceeding with a right to apply for reinstatement for failure to pay the correct fee;

(c)striking out of a proceeding with a right to apply for reinstatement where service of an application is not effected;

(d)reinstatement of a matter struck out for failure to pay the correct fee where the correct fee is subsequently paid;

(e)reinstatement of a matter struck out for service of an application not being effected where the service is subsequently effected;

(f)determining consent applications for adjournment of a matter on its first listing where the request is for an adjournment of less than 3 months;

(g)determining applications for a change of venue for a hearing;

(h)consideration of requests to attend a directions hearing by telephone, video link or any other system of telecommunication;

(i)consideration of requests for an interpreter to be provided for a party to a proceeding;

(j)abridging time for the taking of further steps in relation to a matter;

(k)adjourning any matter if a daily list has to be cancelled;

(l)determining consent applications for adjournment of any administrative mention or directions hearing;

(m)determining consent applications for extensions of time to comply with orders where the extension will not interfere with the hearing date;

(n)determining requests relating to a step in a proceeding that was anticipated on the face of previous orders in the proceeding;

(o)stay of a warrant on an application under section 120 of the Act for a review of an order or on a request for the extension of a warrant;

(p)determining an application for withdrawal of an application or referral where no leave is required;

(q)correction of an order made by the principal registrar under section 119 of the Act.

9.02Delegation of functions by principal registrar under section 32A of the Act

For the purposes of section 157A(5)(a) of the Act, the principal registrar, under section 32A of the Act, may delegate any function specified in Rule 9.01.

__________________".

6Review and Regulation List

In clause 5 of Schedule 1 to the Principal Rules, after item 5.62 insert—

"5.62ASmall Business Commissioner Act 2003, section 11A;".

7Human Rights List

In clause 15 of Schedule 1 to the Principal Rules, after item 15.6 insert—

"15.6AMental Health Act 2014;".

Dated:    16 September 2014

GREG GARDE, President

MARILYN HARBISON, Vice President

MARK DWYER, Deputy President

MARGARET BAIRD, Senior Member

BILL SIBONIS, Member

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ENDNOTES

[1] Rule 4: S.R. No. 65/2008. Reprint No. 2 as at 7 March 2014. Reprinted to S.R. No. 165/2013. Subsequently amended by S.R. No. 35/2014.