Untitled document

Victorian Civil and Administrative Tribunal (Amendment No. 17) Rules 2006

S.R. No. 165/2006

TABLE OF PROVISIONS

Rule  Page

1.Object

2.Authorising provisions

3.Commencement

4.New Rule 4.24 inserted

4.24Classes of persons disqualified from being a
professional advocate

5.Amendments consequent to the enactment of the Charter of Human Rights and Responsibilities Act 2006

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 165/2006

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Amendment No. 17) Rules 2006

The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules:

1.Object

The object of these Rules is to prescribe classes of persons that are disqualified from being professional advocates and to make amendments to the Principal Rules consequent to the renaming of the Victorian Equal Opportunity Commission as the Victorian Equal Opportunity and Human Rights Commission.

2.Authorising provisions

These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers.

3.Commencement

These Rules come into operation on 1 January 2007.

4.New Rule 4.24 inserted

After Rule 4.23 of the Victorian Civil and Administrative Tribunal Rules 1998[1] insert—

"4.24Classes of persons disqualified from being a professional advocate

(1)For the purposes of section 62(8) of the Act, a person is disqualified from being a professional advocate if—

(a)the person, being or having been a legal practitioner, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional standards, whereby the person is not currently permitted to practise; or

(b)the person, being or having been a licensed estate agent or an agent's representative under the Estate Agents Act 1980, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional standards, whereby the person is not currently permitted to practise as a licensed estate agent or an agent's representative under that Act; or

(c)the person, either not being or having been a legal practitioner, or a licensed estate agent or an agent's representative under the Estate Agents Act 1980, has been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth or under the rules of a professional or occupational association  or other body relevant to the person and has been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional or occupational standards.

(2)A person referred to in sub-rule (1) is disqualified from being a professional advocate unless a Presidential member makes an order that the professional misconduct (by whatever name called) or breach of professional standard was not of such gravity as to justify the disqualification of the advocate.".

5.Amendments consequent to the enactment of the Charter of Human Rights and Responsibilities Act 2006

In Rule 6.01(1) and (6) and Rule 6.04(2)(b) of the Victorian Civil and Administrative Tribunal Rules 1998, for "Equal Opportunity Commission" substitute "Victorian Equal Opportunity and Human Rights Commission".

Dated:23 November 2006

HIS HONOUR JUSTICE MORRIS, President

HIS HONOUR JUDGE BOWMAN, Vice President

MS. MARGARET BAIRD, Member

MS. LOUISE JENKINS, Current Practitioner nominated by Minister

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ENDNOTES

[1] Rule 4: S.R. No. 87/1998.  Reprint No. 4 as at 23 February 2006.  Reprinted to S.R. No. 34/2005.  Subsequently amended by S.R. No. 54/2006.