Untitled document

Victorian Civil and Administrative Tribunal (Anti Discrimination List Amendment) Rules 2011

S.R. No. 97/2011

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Rule 6.01 substituted

Division 1—Complaints under the Equal Opportunity Act 1995—Transitional Rules

6.01Application of Division 1

6New Division 2 of Part 1 inserted

Division 2—Applications under the Equal Opportunity Act 2010 and the Racial and Religious Tolerance Act 2001

6.06AApplication of Division

6.06BRule 4.03 does not apply

6.06CInformation for applications

7Allocation of functions—Schedule 1

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 97/2011

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Anti Discrimination List Amendment) Rules 2011

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 in relation to the functions and procedures of the Anti Discrimination List of VCAT as a consequence of the enactment of the Equal Opportunity Act 2010.

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 19 September 2011.

4Principal Rules

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

5Rule 6.01 substituted

For Rule 6.01 of the Principal Rules substitute—

Division 1—Complaints under the Equal Opportunity Act 1995—Transitional Rules"

6.01Application of Division 1

(1)This Division applies to proceedings, whether commenced before, on or after the commencement of the Victorian Civil and Administrative Tribunal (Anti Discrimination List Amendment) Rules 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.

(2)In this Division, complaint includes a complaint under the Racial and Religious Tolerance Act 2001 as in force immediately before 1 August 2011.".

6New Division 2 of Part 1 inserted

After Rule 6.06 of the Principal Rules insert—

Division 2—Applications under the Equal Opportunity Act 2010 and the Racial and Religious Tolerance Act 2001"

6.06AApplication 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.

6.06BRule 4.03 does not apply

Rule 4.03 does not apply to an application to which this Division applies.

6.06CInformation 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.".

7Allocation of functions—Schedule 1

In clause 13(1) in Schedule 1 to the Principal Rules for item 13.1 substitute—

"13.1Equal Opportunity Act 2010;".

Dated:    5 September 2011

JUSTICE IAIN ROSS, President

M. F. MACNAMARA, Deputy President

MARGARET BAIRD, Member

BILL SIBONIS, Member

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ENDNOTES

[1] Rule 4: S.R. No. 65/2008 as amended by S.R. Nos 154/2009, 68/2010, 73/2010 and 117/2010.