Untitled document

Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009

S.R. No. 154/2009

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Lists

6General List

7Occupational and Business Regulation List

8New clause 9A of Part 2 of Schedule 1

9AOwners Corporation List

9Real Property List

10New clauses 15 and 16 of Part 3 of Schedule 1

15Health and Privacy List

16Mental Health List

11Consequential amendments

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 154/2009

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009

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 to—

(a)establish the health and privacy list and the mental health list of the human rights division; and

(b)establish the owners corporation list of the civil division; and

(c)provide for the allocation of the Public Health and Wellbeing Act 2008 to certain lists established under those Rules; and

(d)make other consequential amendments to the lists established under those Rules.

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 January 2010.

4Principal Rules

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

5Lists

(1)After Rule 2.03(3)(d) of the Principal Rules insert—

"(da)owners corporation list;".

(2)In Rule 2.03(4) of the Principal Rules—

(a)in paragraph (b) for "list." substitute "list;";

(b)after paragraph (b) insert—

"(c)health and privacy list;

(d)mental health list.".

6General List

In clause 1(1) in Part 1 of Schedule 1 to the Principal Rules, after item 1.33 insert—

"1.33APublic Health and Wellbeing Act 2008 section 204;".

7Occupational and Business Regulation List

In clause 3(1) in Part 1 of Schedule 1 to the Principal Rules, after item 3.27 insert—

"3.27APublic Health and Wellbeing Act 2008 section 207;".

8New clause 9A of Part 2 of Schedule 1

After clause 9 in Part 2 of Schedule 1 to the Principal Rules insert—

"9A   Owners Corporation List

(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the owners corporation list of the civil division.

9A.1Owners Corporations Act 2006 Part 6 and Part 11;

9A.2Subdivision Act 1988 Part 5, and sections 36 and 39 (other disputes);

9A.3Fair Trading Act 1999.

(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 owners corporation list of the civil division.".

9Real Property List

In clause 10(1) in Part 2 of Schedule 1 to the Principal Rules—

(a)for item 10.3 substitute—

"10.3Owners Corporations Act 2006 Part 6 and Part 11;";

(b)in item 10.6 omit "Part 5,".

10New clauses 15 and 16 of Part 3 of Schedule 1

After clause 14 in Part 3 of Schedule 1 to the Principal Rules insert—

"15   Health and Privacy List

(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the health and privacy list of the human rights division.

15.1Assisted Reproductive Treatment Act 2008;

15.2Health Records Act 2001;

15.3Information Privacy Act 2000;

15.4Public Health and Wellbeing Act 2008 section 122.

(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 health and privacy list of the human rights division.

16Mental Health List

(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the mental health list of the human rights division.

16.1Mental Health Act 1986 section 79 (decisions of Secretary), section 120 (decisions of Mental Health Review Board).

(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 mental health list of the human rights division.".

11Consequential amendments

In Part 1 of Schedule 1 to the Principal Rules, items 1.23, 1.24, 1.25, 1.26 and 1.30 are revoked.

Dated:    7 December 2009

KEVIN H. BELL, President

MARILYN HARBISON, Vice-President

MICHAEL F. MACNAMARA, Member

BILL (VASILIOS) SIBONIS, Member

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ENDNOTES

[1] Rule 4: S.R. No. 65/2008.