Untitled document
Victorian Civil and Administrative Tribunal (Amendment No. 4) Rules 2013
S.R. No. 16/2013
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Lists
6Assignment of members
7Functions under section 47(1) of the Act to be exercised in general list of administrative division
8New Rule 4.27 inserted
4.27Time
9Order 5 substituted
ORDER 5—ADMINISTRATIVE DIVISION
PART 1—PLANNING AND ENVIRONMENT LIST
5.01Tribunal may direct disclosure of valuation evidence
5.02Time within which statement of grounds must be
lodged in case of proceeding under planning enactment5.03Applications to the planning and environment list
5.04Referral of disputes—section 39(1) of the Planning
and Environment Act 19875.05Additional requirement if document is served electronically
PART 2—REVIEW AND REGULATION LIST
5.06Form of application
5.07Constitution of Tribunal in proceedings
10Order 6 amendments
11New Rule 6.30A inserted
6.30AWarrant of possession—Disability Act 2006
12New Order 7 inserted
ORDER 7—HUMAN RIGHTS DIVISION
PART 1—HUMAN RIGHTS LIST
Division 1—Complaints under the Equal Opportunity Act 1995—Transitional Rules
7.01Application of Division 1
7.02Notifications
7.03Interlocutory applications
7.04Additional functions of principal registrar
7.05Rule 4.04 not to apply to proceedings under Equal Opportunity Act 1995 or the Racial and Religious Tolerance Act 2001
7.06Jurisdictional hearings and functions under section 156 of the Equal Opportunity Act 1995
Division 2—Applications under the Equal Opportunity Act 2010 and the Racial and Religious Tolerance Act 2001
7.07Application of Division
7.08Rule 4.03 does not apply
7.09Information for applications
PART 2—GUARDIANSHIP LIST
7.10Service by principal registrar
7.11Form of register of proceedings and matters contained therein
13Clause 1 of Schedule 1 substituted
1Legal Practice List
14Clause 2 of Schedule 1 (Land Valuation List) revoked
15Clause 3 of Schedule 1 (Occupational and Business Regulation List) revoked
16Part 1 of Schedule 1—Planning and Environment List
17Part 1 of Schedule 1—Clause 5 substituted
5Review and Regulation List
18Part 2 of Schedule 1—Civil Claims List
19Part 2 of Schedule 1—Credit List
20Part 2 of Schedule 1—Domestic Building List
21Part 2 of Schedule 1—Legal Practice List
22Part 2 of Schedule 1—Owners Corporation List
23Part 2 of Schedule 1—Real Property List
24Part 2 of Schedule 1—Residential Tenancies List
25Part 2 of Schedule 1—Retail Tenancies List
26Clause 13 of Schedule 1 (Anti-discrimination List) revoked
27Clause 15 of Schedule 1 substituted
15Human Rights List
28Clause 16 of Schedule 1 (Mental Health List) revoked
29Form 4 amended
30New Form 10A
Form 10A—Warrant of Possession—Disability Act 2006
═══════════════
ENDNOTES
STATUTORY RULES 2013
S.R. No. 16/2013
Victorian Civil and Administrative Tribunal Act 1998
Victorian Civil and Administrative Tribunal (Amendment No. 4) Rules 2013
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 make miscellaneous amendments to the Victorian Civil and Administrative Tribunal Rules 2008.
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 15 February 2013.
4Principal Rules
In these Rules, the Victorian Civil and Administrative Tribunal Rules 2008[1] are called the Principal Rules.
5Lists
(1)For Rule 2.03(2) of the Principal Rules substitute—
"(2)The following lists of the administrative division are established—
(a)legal practice list;
(b)planning and environment list;
(c)review and regulation list.".
(2)Rule 2.03(3)(b) of the Principal Rules is revoked.
(3)For Rule 2.03(3)(d) of the Principal Rules substitute—
"(d)owners corporations list;".
(4)Rule 2.03(3)(da) of the Principal Rules is revoked.
(5)For Rule 2.03(4) of the Principal Rules substitute—
"(4)The following lists of the human rights division are established—
(a)guardianship list;
(b)human rights list.".
(6)In Rule 2.03(6) of the Principal Rules for "general list" substitute "review and regulation list".
6Assignment of members
In Rule 2.07(1) of the Principal Rules, for "must" substitute "may".
7Functions under section 47(1) of the Act to be exercised in general list of administrative division
(1)In the heading to Rule 3.02 of the Principal Rules for "general" substitute "review and regulation".
(2)In Rule 3.02 of the Principal Rules for "general" substitute "review and regulation".
8New Rule 4.27 inserted
After Rule 4.26 of the Principal Rules insert—
4.27Time"
(1)Unless the contrary intention expressly appears, any period of time fixed by the Act or these Rules in relation to a proceeding or in any order in a proceeding shall be calculated in accordance with this Rule.
(2)Where a time of one day or longer is to begin on, or be calculated from, a day or event, the day or the date of the event shall be excluded.
(3)Where a time of one day or longer is to end on, or be calculated to, a day or event, the day or date of the event shall be included.
(4)Where the last day for doing any act at the Tribunal is a day on which the Tribunal registry is closed, the act may be done on the next day the Tribunal registry is open.
(5)In calculating the time fixing, extending or abridging the time that any document must be lodged or filed with the Tribunal, a document that is lodged or filed after 4.00 p.m. or on any day that the Tribunal registry is closed is taken to have been lodged or filed on the next day the registry is open.
(6)Subrule (5) does not apply to an application to commence a proceeding or any other originating process.".
9Order 5 substituted
For Order 5 of the Principal Rules substitute—
ORDER 5—ADMINISTRATIVE DIVISION"
PART 1—PLANNING AND ENVIRONMENT LIST
5.01Tribunal may direct disclosure of valuation evidence
(1)This rule applies to—
(a)a proceeding under the Land Acquisition and Compensation Act1986 or a proceeding to which that Act applies; and
(b)a proceeding under Part III of the Valuation of Land Act 1960 or a proceeding to which that Part applies.
(2)A member of the Tribunal may direct that each party to a proceeding to which this rule applies give to the other party—
(a)the names of the valuers it proposes to call;
(b)the amount of the valuation placed by each valuer on the land that is the subject of the appeal; and
(c)details of all sales and rentals relied upon by the valuer in arriving at the valuation.
(3)The member may give such a direction at any time—
(a)on application by any party; or
(b)of his or her own motion.
(4)If such a direction is given, a party may not call or rely on, without the leave of the Tribunal—
(a)any valuer whose name was not given to the other party; or
(b)any evidence of sales or rentals that was not given to the other party.
5.02Time within which statement of grounds must be lodged in case of proceeding under planning enactment
A person who is required by clause 56(1) of Schedule 1 to the Act to lodge with the Tribunal a statement of the grounds on which the person intends to rely at the hearing of a proceeding must lodge the statement with the Tribunal—
(a)within the period directed by the Tribunal; or
(b)if there is no direction, within 14 days after being served with notice of the proceeding.
5.03Applications to the planning and environment list
(1)An application to the planning and environment list—
(a)must be in writing; and
(b)must contain the following details with respect to the applicant and the respondent—
(i)full name; and
(ii)address for service; and
(c)must identify the Act, including the section, or other legislative provision under which it is brought; and
(d)must contain a brief description of the issue or matter in dispute; and
(e)must state the remedy being sought from the Tribunal.
(2)Rule 4.03 does not apply to an application referred to in subrule (1).
5.04Referral of disputes—section 39(1) of the Planning and Environment Act 1987
(1)A referral under section 39(1) of the Planning and Environment Act 1987 must comply with the requirements set out in rule 5.03.
(2)The referral must also contain—
(a)the date on which the person became aware of the alleged failure to comply; and
(b)the name of the Minister, planning authority or panel alleged to have failed to comply with Division 1, 2 or 3 of Part 3, or Part 8, of the Planning and Environment Act 1987.
5.05Additional requirement if document is served electronically
An applicant in a proceeding under an enactment set out in clause 4 in Part 1 of Schedule 1 who serves the initiating document in that proceeding on another person by electronic transmission must, within 24 hours of sending the transmission to that person, deliver or send by post to that person a copy of that document.
PART 2—REVIEW AND REGULATION LIST
5.06Form of application
(1)An application under an enactment allocated to the review and regulation list for a disciplinary inquiry must—
(a)be in writing; and
(b)state the provision under which it is made and the person who is the subject of the application.
(2)Rule 4.03 does not apply to an application referred to in subrule (1).
5.07Constitution of Tribunal in proceedings
(1)Subject to subrule (3), any matter arising under a provision of the Estate Agents Act 1980 that is allocated to the review and regulation list must be determined by the Tribunal constituted by at least 3 members including—
(a)a member being a person who has been admitted to legal practice for not less than 5 years; and
(b)a member with experience in and who represents the interests of the real estate industry; and
(c)a member with knowledge of natural persons who use real estate industry services and who represents their interests.
(2)Subject to subrule (3), any matter arising under a provision of the Sex Work Act 1994 that is allocated to the review and regulation list must be determined by the Tribunal constituted by at least 3 members including—
(a)a member being a person who has been admitted to legal practice for not less than 5 years; and
(b)a member who shall be either—
(i)a barrister and solicitor of the Supreme Court or of the High Court of Australia with knowledge, experience and expertise in criminal law, company law or another area of law relevant to the functions of the Tribunal under the Sex Work Act 1994; or
(ii)a member of the police force of or above the rank of inspector; and
(c)a member who has knowledge of the prostitution industry in Victoria or of health, occupational health and safety, enforcement or general community issues relevant to the functions of the Tribunal under the Sex Work Act 1994.
(3)The President may determine that a particular matter may be determined by the Tribunal constituted otherwise than in accordance with the requirements of subrules (1) or (2).
__________________".
10Order 6 amendments
(1)In the heading to Order 6 of the Principal Rules omit "AND HUMAN RIGHTS DIVISION".
(2)Part 1 of Order 6 of the Principal Rules is revoked.
(3)Part 3 of Order 6 of the Principal Rules is revoked.
(4)Part 5 of Order 6 of the Principal Rules is revoked.
11New Rule 6.30A inserted
After Rule 6.30 of the Principal Rules insert—
6.30AWarrant of possession—Disability Act 2006"
For the purposes of section 85B of the Disability Act 2006, a warrant of possession is in the prescribed form if it is in Form 10A in Schedule 2.".
12New Order 7 inserted
After Order 6 of the Principal Rules insert—
ORDER 7—HUMAN RIGHTS DIVISION"
PART 1—HUMAN RIGHTS LIST
Division 1—Complaints under the Equal Opportunity Act 1995—Transitional Rules
7.01Application of Division 1
(1)This Division applies to proceedings, whether commenced before, on or after 19 September 2011 to which—
(a)by virtue of Division 2 of Part 14 of the Equal Opportunity Act 2010, the Equal Opportunity Act 1995, as in force immediately before its repeal, continues to apply; or
(b)by virtue of Part 5 of the Racial and Religious Tolerance Act 2001, that Act, as in force immediately before 1 August 2011, continues to apply; or
(c)by virtue of section 164, the Act, as in force immediately before 1 August 2011, continues to apply.
Note
19 September 2011 is the commencement date of the Victorian Civil and Administrative Tribunal (Anti Discrimination List Amendment) Rules 2011.
(2)In this Division, complaint includes a complaint under the Racial and Religious Tolerance Act 2001 as in force immediately before 1 August 2011.
7.02Notifications
(1)If a complaint is referred to the Tribunal by the Minister or the Victorian Equal Opportunity and Human Rights Commission under the Equal Opportunity Act 1995, the referral must—
(a)include a copy of the complaint; and
(b)if the request for referral was made by the complainant, include a copy of that request; and
(c)state the names and addresses for service of the parties to the complaint, what unlawful conduct is claimed, and what enactment is claimed to be breached; and
(d)state the date of any decision of the Victorian Equal Opportunity and Human Rights Commission or the chief conciliator from which the referral arose and state the enactment under which that decision was made; and
(e)if the referral was made following a decision by the chief conciliator that it was not reasonably possible to successfully conciliate the complaint or that attempts at conciliation had been unsuccessful, state the date of the last conciliation meeting or conference before that decision was made.
(2)Within 7 days after receiving a referral referred to in subrule (1), the principal registrar must give a copy of the referral to the complainant and the respondent.
(3)An application under Division 2 of Part 3 of the Racial and Religious Tolerance Act 2001 must—
(a)include a copy of the complaint and of the Victorian Equal Opportunity and Human Rights Commission's decision to decline to entertain it; and
(b)state the names and addresses for service of the parties to the complaint.
(4)If a complaint is referred to the Tribunal by the Minister or the Victorian Equal Opportunity and Human Rights Commission under the Equal Opportunity Act 1995, the complainant must give to the principal registrar written notice of the complainant's address in Victoria for service of documents within 7 days after receiving notice of the referral under subrule (1).
(5)An applicant to the Tribunal under section 109, 121, 124 or 131 of the Equal Opportunity Act 1995 must, when making the application, provide to the principal registrar an address for service of documents for each other party to the proceeding.
(6)Rule 4.03 does not apply to an application referred to in this rule.
7.03Interlocutory applications
(1)This rule applies to an application to the Tribunal under section 109, 121, 124 or 131 of the Equal Opportunity Act 1995.
(2)An application to which this rule applies must—
(a)be accompanied by a copy of the complaint or, if the applicant does not have one, any information which the applicant is able to give about the nature of the complaint and the identity of the parties to it; and
(b)if the application relates to a determination of the Victorian Equal Opportunity and Human Rights Commission, give any information which the applicant is able to give about the nature and date of the determination; and
(c)if, under the Equal Opportunity Act 1995 there are requirements to be met before the application can be made, include information that those requirements have been met; and
(d)in the case of an application under section 131 of the Equal Opportunity Act 1995 for an interim order—
(i)state each order that is sought; and
(ii)be accompanied by an affidavit setting out the facts and circumstances on which the applicant relies.
(3)Rule 4.03 does not apply to an application to which this rule applies.
7.04Additional functions of principal registrar
The principal registrar may not reject, under section 71(1) of the Act—
(a)an application made to the Tribunal under the Equal Opportunity Act 1995 or the Racial and Religious Tolerance Act 2001; or
(b)an application made under the Victorian Civil and Administrative Tribunal Act 1998 in a proceeding under the Equal Opportunity Act 1995 or the Racial and Religious Tolerance Act 2001.
7.05Rule 4.04 not to apply to proceedings under Equal Opportunity Act 1995 or the Racial and Religious Tolerance Act 2001
Rule 4.04 does not apply to proceedings under the Equal Opportunity Act 1995 or the Racial and Religious Tolerance Act 2001.
7.06Jurisdictional hearings and functions under section 156 of the Equal Opportunity Act 1995
When exercising its functions under section 156 of the Equal Opportunity Act 1995, the Tribunal shall be constituted as determined by the President.
Division 2—Applications under the Equal Opportunity Act 2010 and the Racial and Religious Tolerance Act 2001
7.07Application of Division
This Division applies to an application under—
(a)section 122 of the Equal Opportunity Act 2010;
(b)section 23 of the Racial and Religious Tolerance Act 2001.
7.08Rule 4.03 does not apply
Rule 4.03 does not apply to an application to which this Division applies.
7.09Information for applications
An application to which this Division applies must contain the following—
(a)the names, addresses, telephone numbers and contact details of the applicant and each respondent;
(b)details of the contravention alleged;
(c)details of the remedy sought.
PART 2—GUARDIANSHIP LIST
7.10Service by principal registrar
Subject to any order of the Tribunal, if the principal registrar undertakes service of an application, under section 72(2)(a) of the Act, in a proceeding entered in the guardianship list, service must take place within 21 days after lodgement of the application with the Tribunal.
7.11Form of register of proceedings and matters contained therein
Despite Rule 4.24, in proceedings allocated to the guardianship list, the register contains only the following—
(a)the number identifying the proceeding;
(b)the date of commencement;
(c)the names of the parties,
(d)if the proceeding is withdrawn, the date of the withdrawal.
__________________".
13Clause 1 of Schedule 1 substituted
For clause 1 of Schedule 1 to the Principal Rules substitute—
1Legal Practice List"
(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the legal practice list of the administrative division.
1.1Australian Consumer Law and Fair Trading Act 2012 (dispute between a legal practitioner and a client of a legal practitioner);
1.2Legal Profession Act 2004.
(2)If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the legal practice list of the administrative division.".
14Clause 2 of Schedule 1 (Land Valuation List) revoked
Clause 2 of Schedule 1 to the Principal Rules is revoked.
15Clause 3 of Schedule 1 (Occupational and Business Regulation List) revoked
Clause 3 of Schedule 1 to the Principal Rules is revoked.
16Part 1 of Schedule 1—Planning and Environment List
(1)In Schedule 1 to the Principal Rules, after item 4.2 insert—
"4.2AClimate Change Act 2010;".
(2)In Schedule 1 to the Principal Rules, item 4.5 is revoked.
(3)In Schedule 1 to the Principal Rules, in item 4.6, for "and 41A (interim conservation orders)" substitute ", 41A (interim conservation orders) and 43(12) (claims for compensation)".
(4)In Schedule 1 to the Principal Rules, after item 4.6 insert—
"4.6A Gambling Regulation Act 2003;
4.6B Health Services Act 1988 section 67 (compulsory acquisition of land);".
(5)In Schedule 1 to the Principal Rules, after item 4.7 insert—
"4.7ALand Acquisition and Compensation Act 1986;".
(6)In Schedule 1 to the Principal Rules, in item 4.8, after "sections" insert "183 (differential rating),".
(7)In Schedule 1 to the Principal Rules, after item 4.8 insert—
"4.8AMajor Transport Projects Facilitation Act 2009;".
(8)In Schedule 1 to the Principal Rules, for item 4.9 substitute—
"4.9Mineral Resources (Sustainable Development) Act 1990;".
(9)After item 4.10 of Schedule 1 to the Principal Rules insert—
"4.10APipelines Act 2005 section 154;".
(10)In Schedule 1 to the Principal Rules, in item 4.11 omit "except sections 94(5) and 105 (see land valuation list)".
(11)In Schedule 1 to the Principal Rules, for item 4.12 substitute—
"4.12 Plant Biosecurity Act 2010 sections 48 (accreditation to issue assurance certificates) and 59 (review of the Minister's determination on costs);".
(12)In Schedule 1 to the Principal Rules, for item 4.13 substitute—
"4.13Subdivision Act 1988;".
(13)In Schedule 1 to the Principal Rules, for item 4.14 substitute—
"4.14 Valuation of Land Act 1960 Part III (disputes on the value of land);".
(14)In Schedule 1 to the Principal Rules, for item 4.15 substitute—
"4.15Water Act 1989 except section 19 (see real property list);".
(15)In Schedule 1 to the Principal Rules, item 4.16 is revoked.
17Part 1 of Schedule 1—Clause 5 substituted
For clause 5 of Schedule 1 to the Principal Rules substitute—
5Review and Regulation List"
(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the review and regulation list of the administrative division.
5.1Accident Compensation Act 1985;
5.2Accident Towing Services Act 2007;
5.3Adoption Act 1984 sections 129A(1)(a) (decisions regarding fitness to adopt and approval to adopt), 129A(1)(b) (decisions regarding approval of adoption agencies) and 129A(1)(c) (decisions regarding accreditation of bodies);
5.4Agricultural and Veterinary Chemicals (Control of Use) Act 1992;
5.5Architects Act 1991;
5.6Associations Incorporation Reform Act 2012;
5.7Biological Control Act 1986;
5.8Births, Deaths and Marriages Registration Act 1996;
5.9Building Act 1993 Division 12 of Part 12A;
5.10Bus Safety Act 2009;
5.11Business Franchise Acts;
5.12Cemeteries and Crematoria Act 2003;
5.13Children, Youth and Families Act 2005;
5.14Children's Services Act 1996;
5.15Co-operatives Act 1996;
5.16Conveyancers Act 2006 (sections 33 (inquiries into the conduct of licensees), 34 (determination on inquiry) and 187;
5.17Country Fire Authority Act 1958;
5.18Dairy Act 2000;
5.19Dangerous Goods Act 1985;
5.20Disability Act 2006 section 45 (registration of a disability service provider);
5.21Domestic Animals Act 1994 sections 98(1) (registration of premises to conduct a domestic animal business) and 98(2) (declaration and registration of dangerous dogs);
5.22Drugs, Poisons and Controlled Substances Act 1981;
5.23Education and Training Reform Act 2006 Division 14 of Part 2.6 and Part 4.8;
5.24Electoral Act 2002;
5.25Electricity Safety Act 1998;
5.26Emergency Management Act 1986;
5.27Emergency Services Superannuation Act 1986;
5.28Equipment (Public Safety) Act 1994;
5.29Estate Agents Act 1980 except section 56B(1) (see real property list);
5.30Firearms Act 1996 section 182 (decisions of Firearms Appeals Committee);
5.31First Home Owner Grant Act 2000;
5.32Fisheries Act 1995;
5.33Freedom of Information Act 1982;
5.34Fundraising Act 1998;
5.35Gas Safety Act 1997;
5.36Health Practitioner Regulation National Law Part 8, Divisions 12 and 13;
5.37Health Services Act 1988 section 110 (decisions of Minister or Chief General Manager under Part 4);
5.38Liquor Control Reform Act 1998;
5.39Livestock Disease Control Act 1994;
5.40Local Government Act 1989 sections 30, 38(2A), 48, 81D, 81E, 81J(1)(b), 81K, 81L, 81Q and 81R and clause 8 of Schedule 12;
5.41Major Sporting Events Act 2009;
5.42Meat Industry Act 1993 section 24 (licences to operate meat processing facilities, alteration of buildings);
5.43Melbourne and Metropolitan Board of Works Act 1958;
5.44Metropolitan Fire Brigades Act 1958;
5.45Motor Car Traders Act 1986 except section 45 (see civil claims list);
5.46Occupational Health and Safety Act 2004;
5.47Occupational Health and Safety Regulations 2007;
5.48Owner Drivers and Forestry Contractors Act 2005 section 41 (dispute between contractor and hirer);
5.49Owners Corporations Act 2006 Part 6 and Part 12;
5.50Parliamentary Salaries and Superannuation Act 1968;
5.51Pipelines Act 2005 sections 64, 83 and 182;
5.52Prevention of Cruelty to Animals Act 1986 section 33 (licensing of scientific establishments and breeding establishments);
5.53Private Security Act 2004 Part 7;
5.54Professional Boxing and Combat Sports Act 1985 (licences, permits and registration);
5.55Public Health and Wellbeing Act 2008 sections 204 and 207;
5.56Racing Act 1958;
5.57Rail Safety Act 2006 Part 7;
5.58Relationships Act 2008 Part 2.4 of Chapter 2;
5.59Road Management Act 2004;
5.60Road Safety (Vehicles) Regulations 2009 regulations 128 (external review of decisions relating to registration of vehicles) and 215;
5.61Second-Hand Dealers and Pawnbrokers Act 1989 sections 9B and 14 (correction of register);
5.62Sex Work Act 1994;
5.63State Employees Retirement Benefits Act 1979;
5.64State Superannuation Act 1988;
5.65Superannuation (Portability) Act 1989;
5.66Surveying Act 2004 section 33 (review of decision, finding or determination);
5.67Taxation Administration Act 1997;
5.68Therapeutic Goods (Victoria) Act 2010 section 30;
5.69Transport Accident Act 1986;
5.70Transport (Compliance and Miscellaneous) Act 1983;
5.71Transport Superannuation Act 1988;
5.72Travel Agents Act 1986;
5.73Unclaimed Money Act 2008, sections 59, 61 and 63;
5.74Utility Meters (Metrological Controls) Act 2002;
5.75Veterinary Practice Act 1997 section 55 (registration and discipline);
5.76Victims of Crime Assistance Act 1996;
5.77Victoria State Emergency Service Act 2005;
5.78Victoria State Emergency Service Regulations 2006;
5.79Victorian Plantations Corporation Act 1993;
5.80Victorian Qualifications Authority Act 2000;
5.81Wildlife Act 1975;
5.82Working with Children Act 2005.
(2)If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the review and regulation list of the administrative division.".
18Part 2 of Schedule 1—Civil Claims List
In Schedule 1 to the Principal Rules, for items 6.1 and 6.2 substitute—
"6.1Australian Consumer Law and Fair Trading Act 2012;
6.2Conveyancers Act 2006 section 146 (claims against the Victorian Property Fund);
6.2ACredit Act 1984;
6.2BDomestic Building Contracts Act 1995;".
19Part 2 of Schedule 1—Credit List
In Schedule 1 to the Principal Rules, clause 7 is revoked.
20Part 2 of Schedule 1—Domestic Building List
(1)In Schedule 1 to the Principal Rules, for item 8.1 substitute—
"8.1Australian Consumer Law and Fair Trading Act 2012;
8.1ABuilding Act 1993 except Division 12 of Part 12A;".
(2)In Schedule 1 to the Principal Rules, item 8.3 is revoked.
21Part 2 of Schedule 1—Legal Practice List
In Schedule 1 to the Principal Rules, clause 9 is revoked.
22Part 2 of Schedule 1—Owners Corporation List
(1)In Schedule 1 to the Principal Rules, in the heading to clause 9A for "Corporation" substitute "Corporations".
(2)For clause 9A(1) of Schedule 1 to the Principal Rules substitute—
"(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the owners corporations list of the civil division.
9A.1Australian Consumer Law and Fair Trading Act 2012;
9A.2Owners Corporations Act 2006 Part 6 and Part 11;
9A.3Subdivision Act 1988 Part 5, and sections 36 and 39 (other disputes).".
(3)In clause 9A(2) of Schedule 1 to the Principal Rules for "owners corporation list" substitute "owners corporations list".
23Part 2 of Schedule 1—Real Property List
(1)In Schedule 1 to the Principal Rules, for items 10.1 and 10.2 substitute—
"10.1Australian Consumer Law and Fair Trading Act 2012;
10.2Estate Agents Act 1980 section 56B(1) (disputes about commission and outgoings);".
(2)In Schedule 1 to the Principal Rules—
(a)for item 10.6 substitute—
"10.6Water Act 1989 section 19 (civil liability arising from various causes).";
(b)items 10.7 and 10.8 are revoked.
24Part 2 of Schedule 1—Residential Tenancies List
In Schedule 1 to the Principal Rules, for items 11.1 and 11.2 substitute—
"11.1Australian Consumer Law and Fair Trading Act 2012;
11.2Disability Act 2006 Division 2 of Part 5;".
25Part 2 of Schedule 1—Retail Tenancies List
In Schedule 1 to the Principal Rules, for item 12.1 substitute—
"12.1.Australian Consumer Law and Fair Trading Act 2012;".
26Clause 13 of Schedule 1 (Anti-discrimination List) revoked
Clause 13 of Schedule 1 to the Principal Rules is revoked.
27Clause 15 of Schedule 1 substituted
For clause 15 of Schedule 1 to the Principal Rules substitute—
"15 Human Rights List
(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the human rights list of the human rights division.
15.1Assisted Reproductive Treatment Act 2008;
15.2Disability Act 2006 section 50 (decision as to disability);
15.3Equal Opportunity Act 2010;
15.4Health Records Act 2001;
15.5Information Privacy Act 2000;
15.6Mental Health Act 1986 section 79 (decisions of Secretary), section 120 (decisions of Mental Health Review Board);
15.7Public Health and Wellbeing Act 2008 section 122;
15.8Racial and Religious Tolerance Act 2001.
(2)If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the human rights list of the human rights division.".
28Clause 16 of Schedule 1 (Mental Health List) revoked
Clause 16 of Schedule 1 to the Principal Rules is revoked.
29Form 4 amended
In Schedule 2 to the Principal Rules, in Form 4, for "complainant" substitute "applicant".
30New Form 10A
In Schedule 2 to the Principal Rules, after Form 10 insert—
FORM 10A"
Victorian Civil and Administrative Tribunal Rules 2008
Rule 6.30A
WARRANT OF POSSESSION—DISABILITY ACT 2006
VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
Registry ref:
RESIDENTIAL TENANCIES LIST
Name of Applicant(s)—
Name of Respondent—
TO:*OFFICER IN CHARGE, POLICE STATION at [place], or
*[Name of authorised person]
TAKE NOTICE that on [date] the Victorian Civil and Administrative Tribunal ordered that the resident vacate a room at—
[insert details]
AND that a warrant of possession issue.
YOU are authorised, within [insert number of days, not to exceed 30] days of the day on which this warrant was issued—
(a)to enter the room and group home, by force if necessary; and
(b)with such assistance as is necessary, to compel all persons for the time being occupying the room to vacate the room and the group home and give possession of them to the applicant.
NOTES
1.Section 85B(3) of the Disability Act 2006 provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods from the room or group home.
2.Section 85B(4) of the Disability Act 2006 provides that entry under a warrant of possession must not be made—
(a)between the hours of 6 p.m and 8 a.m; or
(b)on a Sunday or public holiday.
Date of issue—[date]
[Signed]
Principal Registrar
*delete if inapplicable
__________________".
Dated: 11 February 2013
GREGORY GARDE, President
PAMELA JENKINS, Vice President
M. F. MACNAMARA, Vice President
MARK DWYER, Deputy President
BILL SIBONIS, Member
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ENDNOTES
[1] Rule 4: S.R. No. 65/2008. Reprint No. 1 as at 1 April 2012. Reprinted to S.R. No. 1/2012.
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