Untitled document

Victorian Civil and Administrative Tribunal (Amendment No. 15) Rules 2005

S.R. No. 34/2005

TABLE OF PROVISIONS

Rule  Page

1.Object

2.Authorising provisions

3.Commencement

4.Principal Rules

5.Establishment of legal practice list

6.New Rules 5.07.1 and 5.07.2 inserted

5.07.1Applications to the planning and environment list

5.07.2Referral of disputes—section 39(1) of the Planning and Environment Act 1987

7.Revocation of Rule 6.26(2)

8.New Rule 6.27.1 inserted

6.27.1Reviews—section 40 of the Subdivision Act 1988

9.Revocation of Rule 6.27(2)

10.Amendments to Schedule 1—allocation of functions

═══════════════

ENDNOTES

STATUTORY RULES 2005

S.R. No. 34/2005

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Amendment No. 15) Rules 2005

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 amend the Principal Rules to—

(a)make provision for specific proceedings under the Planning and Environment Act 1987 and the Subdivision Act 1988;

(b)allocate certain enactments to the civil claims list, the business regulation list and the residential tenancies list;

(c)to establish the legal practice list of the civil division of VCAT.

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 23 May 2005.

4.Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 1998[1] are called the Principal Rules.

5.Establishment of legal practice list

In Rule 2.03(3) of the Principal Rules, after paragraph (d), insert—

"(e)legal practice list;".

6.New Rules 5.07.1 and 5.07.2 inserted

After Rule 5.07 of the Principal Rules insert—

"5.07.1Applications to the planning and environment list

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.

5.07.2Referral 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 5.07.1.

(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 8 of the Planning and Environment Act 1987.".

7.Revocation of Rule 6.26(2)

Rule 6.26(2) of the Principal Rules is revoked.

8.New Rule 6.27.1 inserted

After Rule 6.27 of the Principal Rules insert—

"6.27.1Reviews—section 40 of the Subdivision Act 1988

(1)A review under section 40 of the Subdivision Act 1988 may be instituted by—

(a)lodging with the principal registrar an application for review and any relevant plan, agreement or other document; and

(b)serving a copy of the application, plan, agreement or document on—

(i)the person or body whose refusal, failure or requirement is the subject of the application for review; and

(ii)if that person or body is not the Council, the Council.

(2)The application for review must—

(a)comply with the requirements of Rule 5.07.1; and—

(b)set out details of all dates relevant to determine the period within which the application for review may be instituted, including, but not limited to the following—

(i)the date on which the applicant received written reasons for the refusal or requirement that the applicant seeks to have reviewed;

(ii)the date on which the applicant became aware of the refusal or requirement that the applicant seeks to have reviewed;

(iii)the date on which the applicant made any request relevant to the application for review;

(iv)the date on which the appropriate prescribed time ended;

(v)the date or dates on which the applicant gave to the Council information and evidence referred to in sub-regulation (1)(b).

(3)For the purposes of section 40(4) of the Subdivision Act 1988—

(a)a Council or referral authority must notify the principal registrar of its decision by lodging with the Registrar a notice giving details of the decision, within 14 days after the day on which the decision is made; and

(b)the principal registrar must notify the applicant by serving on the applicant a copy of any notice lodged under paragraph (a) within 14 days after the date of lodgement of the notice.

(4)An application for review under section 44(4A), (5), (5A) or (5B) of the Subdivision Act 1988 must be instituted within 14 days after the day on which the applicant is given notice of the decision under sub-regulation (3)(b).".

9.Revocation of Rule 6.27(2)

Rule 6.27(2) of the Principal Rules is revoked.

10.Amendments to Schedule 1—allocation of functions

(1)In Schedule 1 to the Principal Rules—

In Part 1, after clause 3(x), insert—

"(xa)Occupational Health and Safety Act 2004;".

(2)In Part 2—

(a)after clause 2(a) insert—

"(ab)Retirement Villages Act 1986;";

(b)after clause 4 insert—

"5.Legal Practice List

The functions of the Tribunal under the following enabling enactments are allocated to the legal practice list of the civil division—

(a) Fair Trading Act 1999 (dispute between a legal practitioner and a client of a legal practitioner);

(b)Legal Profession Act 2004.";

(c)after clause 7(a) insert—

"(ab)Housing Act 1983;";

(d)for clause 7(c) substitute—

"(c)Residential Tenancies Act 1997;";

(e)after clause 7(c) insert—

"(d)Retirement Villages Act 1986.".

Dated: 19 May 2005

STUART MORRIS, President

MICHAEL STRONG, Vice-President

MARGARET BAIRD, Member

LOUISE JENKINS, Member

═══════════════

ENDNOTES

[1] Rule 4: S.R. No. 87/1998.  Reprint No. 3 incorporating amendments as at 13 March 2003.  Subsequently amended by S.R. Nos 81/2003, 110/2003, 29/2004 and 154/2004.