Untitled document

Victorian Civil and Administrative Tribunal (Amendment No. 13) Rules 2004

S.R. No. 29/2004

TABLE OF PROVISIONS

Rule  Page

1.Object

2.Authorising provisions

3.Commencement

4.Principal Rules

5.Heads of divisions

6.Heads of lists

7.Entry of proceedings in list

8.New Rule 2.05.1

2.05.1Principal Registrar may allocate proceedings to and transfer proceedings from lists

9.General procedure—re-opening order

10.Civil claims list—re-opening order

11.Residential tenancies list—re-opening order

6.42.Re-opening an order

12.Amendment to Schedule 1—allocation of functions

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 29/2004

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Amendment No. 13) Rules 2004

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 make miscellaneous amendments to the Principal Rules.

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 26 April 2004.

4.Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 1998[1] are called the Principal Rules[2].

5.Heads of divisions

In Rule 2.02 of the Principal Rules for "A Vice President" substitute "A presidential member".

6.Heads of lists

(1)In Rule 2.04(1) of the Principal Rules for "Deputy President" substitute "presidential member".

(2)In Rule 2.04(2) of the Principal Rules for "Deputy President" substitute "presidential member".

7.Entry of proceedings in list

(1)In Rule 2.05(4) of the Principal Rules for "Deputy President" (where three times occurring) substitute "presidential member".

(2)In Rule 2.05(5) of the Principal Rules for "Deputy President" (where three times occurring) substitute "presidential member".

(3)In Rule 2.05(6) of the Principal Rules for "Deputy President" substitute "presidential member".

8.New Rule 2.05.1

After Rule 2.05 of the Principal Rules insert—

"2.05.1Principal Registrar may allocate proceedings to and transfer proceedings from lists

(1)Despite Schedule 1 and anything to the contrary in Rule 2.05 and subject to sub-rule (2), the principal registrar may—

(a)enter a proceeding in any list;

(b)transfer a proceeding under Rule 2.05 from a list to any other list.

(2)The principal registrar may only act under sub-rule (1) with the consent of—

(a)the President; or

(b)the presidential member in charge of the list to which the proceeding would have been entered if Schedule 1 applied and the presidential member in charge of the list to which the proceeding is to be entered or transferred.".

9.General procedure—re-opening order

In Rule 4.18(2) of the Principal Rules for "2 applications" substitute "one application".

10.Civil claims list—re-opening order

Rules 6.10(1) and (2) of the Principal Rules are revoked.

11.Residential tenancies list—re-opening order

For Rule 6.42 of the Principal Rules substitute—

"6.42.Re-opening an order

(1)An application referred to in Rule 4.18 must be made in person by the party or representative appearing before the Tribunal between 9.30 a.m. and 12.00 noon or between 2.00 p.m. and 4.00 p.m. on any day on which the Tribunal sits.

(2)Sub-rule (1) does not apply to an application lodged by a party in accordance with Rule 4.05(3).

(3)Unless the Tribunal otherwise orders, on lodging the application, the applicant must forthwith give notice of the application to all other parties.".

12.Amendment to Schedule 1—allocation of functions

In Schedule 1 to the Principal Rules—

(a)in Part 1, after clause 1(i) insert—

"(ia)Electricity Safety Act 1998;";

(b)in Part 1, after clause 1(o) insert—

"(oa)Gas Safety Act 1997;";

(c)in Part 2, after clause 6(ab) insert—

"(ac)Sale of Land Act 1962 section 44;";

(d)in Part 3, in clause 2(b), for "section 118" substitute "Division 6 of Part XIA".

Dated:    19 April 2004

STUART MORRIS, President

JOHN BOWMAN, Vice-President

SANDRA DAVIS, Deputy President

MARGARET BAIRD, Member

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ENDNOTES

[1] Rule 4: S.R. No. 87/1998.  Reprint No. 3 as at 13 March 2003.  Reprinted to S.R. No. 124/2002 and subsequently amended by S.R. Nos 81/2003 and 110/2003.

[2] Rule 4: The heading to Order 6 of the Principal Rules is changed to "ORDER 6—CIVIL DIVISION AND HUMAN RIGHTS DIVISION".