Untitled document

Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 2010

S.R. No. 73/2010

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Definition

6List Heads

7New Rule 2.04A inserted

2.04AAssignment to cover short term absences

8Entry of proceeding in list

9Principal registrar may allocate proceedings to and transfer proceedings from lists

10Allocation of enactment to Occupational and Business Regulation List

═══════════════

ENDNOTES

STATUTORY RULES 2010

S.R. No. 73/2010

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 2010

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 senior members as well as presidential members to be in charge of Lists;

(b)to allocate provisions of the Health Practitioner Regulation National Law to the Occupational and Business Regulation List.

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 August 2010.

4Principal Rules

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

5Definition

(1)In the heading to Rule 1.05 of the Principal Rules for "Definition" substitute "Definitions".

(2)Insert the following definition in Rule 1.05 of the Principal Rules—

"member in charge of a list means a presidential member or a senior member nominated to be in charge of a list in accordance with Rule 2.04;".

6List Heads

In Rule 2.04 of the Principal Rules—

(a)in subrule (1) after "presidential member" insert ", or a senior member,";

(b)in subrule (2) after "presidential member" insert "or senior member".

7New Rule 2.04A inserted

After Rule 2.04 of the Principal Rules insert—

"2.04A   Assignment to cover short term absences

(1)The President may assign a presidential member or a senior member to be a member in charge of a list if the person who is ordinarily the member in charge of a list is, for a short term not exceeding 3 months—

(a)absent; or

(b)for any other reason, unable to perform the duties of a member in charge of a list.

(2)An assignment under subrule (1) cannot exceed 3 months.

(3)A presidential member or a senior member assigned as a member in charge of a list under subrule (1) has all the powers and may perform all the duties of the member in charge of the list for whom he or she is acting.

(4)The President may at any time terminate an assignment under this rule.".

8Entry of proceeding in list

(1)In Rule 2.05(3) of the Principal Rules—

(a)omit "presidential" (where first occurring);

(b)for "presidential member" (where subsequently occurring) substitute "member in charge of a list".

(2)In Rule 2.05(4) of the Principal Rules—

(a)in paragraph (a) omit "presidential";

(b)in paragraph (b) for "presidential member" (where first occurring) substitute "member in charge of a list";

(c)for "presidential member" (where secondly occurring) substitute "member in charge".

(3)In Rule 2.05(5)(b) of the Principal Rules for "presidential member" substitute "member in charge of a list".

9Principal registrar may allocate proceedings to and transfer proceedings from lists

In Rule 2.06(2)(b) of the Principal Rules omit "presidential" (where twice occurring).

10Allocation of enactment to Occupational and Business Regulation List

In Schedule 1 to the Principal Rules, after item 3.13 insert—

"3.13AHealth Practitioner Regulation National Law (applied in Victoria by the Health Practitioner Regulation National Law (Victoria) Act 2009), Part 8, Divisions 12 and 13;".

Dated:     27 July 2010

JUSTICE IAIN ROSS, President

MICHAEL F. MACNAMARA, Deputy President

MARGARET BAIRD, Member

BILL SIBONIS, Member

═══════════════

ENDNOTES

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