Victorian Civil and Administrative Tribunal Act 1998 (Vic)

Version No. 142

Victorian Civil and Administrative Tribunal Act 1998

No. 53 of 1998

Version incorporating amendments as at

15 October 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4When does a person make a decision?

5When are a person's interests affected by a decision?

6When is a document in a person's possession?

7Act binds the Crown

Part 2—Victorian Civil and Administrative Tribunal

Division 1—Establishment and membership

8Establishment of Tribunal

10President

11Vice Presidents

11AShort-term Vice Presidents

12Deputy Presidents

13Senior members

14Ordinary members

Division 2—General provisions relating to members

15Applications for appointment

16Appointment of members

16AInternal promotion of Tribunal members

16BAmendment of appointment of sessional and non‑sessional members

17Terms and conditions of service

17AAAppropriation of certain amounts in relation to non‑judicial members

17ASalary sacrifice

18Prohibition on outside employment

18AEntry into part-time service arrangement

18BVariation of part-time service arrangement

18CTermination of part-time service arrangement

19Disclosure of interests

20Resignation

21Vacation of office

25Validity of proceedings

25AMember or former member may not represent a party

25BMember or former member may not appear as expert witness

Division 3—Acting appointments

26Acting President

27Acting Vice President

28Acting Deputy President

28AActing senior member

29Additional acting judicial appointments

Division 4—Administration

30Administrative functions of President and Vice Presidents

31President to advise Minister

32Employment of registrars and other staff

32AAPrincipal registrar to give assistance

32ABFunctions of principal registrar—RDRV proceedings

32ADelegation by principal registrar

33Delegation by President and Vice Presidents

34Secrecy

35Prohibition on secondary disclosures

36Further restriction on disclosure

37Annual report

38Where may the Tribunal sit?

38AADisclosure of information or data by Tribunal

Division 5—Professional development and training

38AProfessional development and training

Part 3—The Tribunal—jurisdiction and functions

Division 1—Introductory

39Structure of Part

40Jurisdiction of the Tribunal

41What is original jurisdiction?

42What is review jurisdiction?

Division 2—Original jurisdiction

43How is original jurisdiction invoked?

44Functions of the Tribunal

Division 3—Review jurisdiction

Subdivision 1—Obtaining reasons for decisions

45Request for statement of reasons for decision

46Decision-maker to give statement of reasons on request

47The Tribunal may order statement of reasons to be given

Subdivision 2—Jurisdiction of the Tribunal

48How is review jurisdiction invoked?

49Decision-maker must lodge material

50Effect of original decision pending review

51Functions of Tribunal on review

51ATribunal may invite decision-maker to reconsider decision

52Limitation of courts' jurisdiction in planning matters

Subdivision 3—Matters of privilege and policy

53Cabinet documents

54Crown privilege

55Certain questions not required to be answered

56Exclusion of general rules of public interest

57Application of statements of policy

Part 3A—Federal subject matter

57ADefinitions

57BApplications to Magistrates' Court

57CSubstituted proceedings

57DExtension of limitation periods

57ETime limits for dealing with applications

57FRights and liabilities—past invalid Tribunal decisions

57GEffect of things done or omitted to be done under or in relation to rights and liabilities

57HPowers of Magistrates' Court in relation to rights and liabilities

57IRights and liabilities do not apply in certain circumstances

57JTransfer of substituted proceedings

57KPart prevails

Part 4—The Tribunal—general procedure

Division 1—Introduction

58Structure of Part

Division 2—Parties

59Who are the parties to a proceeding?

60Joinder of parties

60ARemoval of parties

61Unincorporated associations

62Representation of parties

63Interpreters

63ASupport persons

Division 3—Constitution of Tribunal

64Constitution of Tribunal in proceedings

65Who presides in a proceeding?

66Opinions equally divided

Division 4—Preliminary procedure

67How to make an application to the Tribunal

68Application fee

69Procedure where a matter is referred to the Tribunal

70Referral fee

71Principal registrar or the Tribunal may reject certain applications

72Notification of commencement

73Intervention

74Withdrawal of proceedings

75Summary dismissal of unjustified proceedings

76Summary dismissal for want of prosecution

77More appropriate forum

78Conduct of proceeding causing disadvantage

78AApplication of Division 9 of Part III of Evidence (Miscellaneous Provisions) Act 1958—Document unavailability

79Security for costs

80Directions

81Obtaining information from third parties

82Consolidation of proceedings

Division 5—Compulsory conferences, mediation and settlement

83Compulsory conferences

84Tribunal may require personal attendance at compulsory conference

85Evidence inadmissible

86Party may object to member hearing the proceeding

87What happens if a party fails to attend a compulsory conference?

88Mediation

89Tribunal or mediator may require personal attendance at mediation

90What happens if mediation is successful?

91What happens if mediation is unsuccessful?

92Evidence inadmissible

93Settlement of proceeding

93AParty may object to mediator hearing the proceeding

Division 5A—RDRV and RDRV proceedings

93BApplication of this Division

93CObjects of this Division

93DRDRV proceedings

93EPersonal attendance may be required at RDRV proceedings

93FWhat happens if RDRV proceeding is successful?

93GWhat happens if RDRV proceeding is unsuccessful?

93HEvidence inadmissible

93ISettlement of RDRV proceeding

Division 6—Referral to experts

94Expert witnesses and expert evidence

95Special referees

96Referral of questions of law to Court

Division 7—Hearings

97Tribunal must act fairly

98General procedure

99Notice of hearings

100Method of conducting hearings

102Evidence

103Authorisation of person to take evidence

104Witness summons

105Rule against self-incrimination does not apply

106Other claims of privilege

107Dealing with questions of law

108Reconstitution of Tribunal

Division 8—Costs

109Power to award costs

110Costs of intervention

111Amount of costs

112Presumption of order for costs if settlement offer is rejected

113Provisions regarding settlement offers

114Provisions concerning the acceptance of settlement offers

115Consequences if accepted offer is not complied with

Division 8A—Reimbursement of fees

115ADefinitions

115BOrders as to reimbursement or payment of fees

115CPresumption of order for reimbursement of fees to successful party in certain proceedings

115CAPresumption of order for reimbursement of fees in certain planning matters

115DDivision does not affect Tribunal's powers as to costs

Division 9—Orders

116Form and service

117Reasons for final orders

118When does an order come into operation?

119Correcting mistakes

120Re-opening an order on substantive grounds

120ARe-opening an order for enforcement reasons

121Enforcement of monetary orders

122Enforcement of non-monetary orders

Division 10—General powers

123Injunctions

124Declarations

125Advisory opinions

125AAssessment of costs or damages in undertakings

126Extension or abridgment of time and waiver of compliance

127Power to amend documents

128Retention of documents and exhibits

129Power of entry and inspection

130Power to impose conditions and make further orders

131Variation or revocation of procedural order or direction

132Reduction, waiver, postponement, remission or refund of fees

132ATribunal may issue or transmit documents electronically

Division 11—Offences

133Non-compliance with order

134Failing to comply with summons

135Failing to give evidence

136False or misleading information

137Contempt

138Appeal against punishment for contempt

139Double jeopardy

Division 12—Service of documents

140Service

141When is service effective?

Division 13—General

142Judicial notice

143Immunity of participants

144Register of proceedings

145Principal registrar's certificate

146Proceeding files

147Publication of determinations and orders

147AInformation sharing functions—Residential Tenancies Act 1997

Part 5—Appeals from the Tribunal

148Appeals from the Tribunal

149Tribunal may stay its order pending appeal

Part 6—Rules Committee

Division 1—Establishment of Rules Committee

150Establishment of Committee

151Functions

152Membership

153Appointment and terms of members

Division 2—Procedure of Rules Committee

154Who presides at a meeting?

155Quorum and meeting procedure

156Validity of decisions

Division 3—Exercise of powers

157Power to make rules

157ARules may provide for certain functions of the Tribunal to be performed by principal registrar

157BReview of decision of the Tribunal constituted by principal registrar

158Practice notes

Part 7—Miscellaneous

159Dealing with inconsistencies

160Supreme Court—limitation of jurisdiction

161Regulations

162Transitional provision—Justice Legislation (Miscellaneous Amendments) Act 2006

163Transitional provision—Justice Legislation (Further Amendment) Act 2006

164Transitional provision—Equal Opportunity Act 2010

165Transitional—Justice Legislation Amendment (Family Violence and Other Matters) Act 2012

166Savings—Open Courts Act 2013

167Transitional provision—Victorian Civil and Administrative Tribunal Amendment Act 2014

168Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2014

169Savings—Justice Legislation Further Amendment Act 2016

170Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017

171Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017

172Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

172Transitional—Justice Legislation Amendment (Access to Justice) Act 2018—general provisions

173Transitional—Justice Legislation Amendment (Access to Justice) Act 2018—enforcement of monetary orders

174Transitional—Justice Legislation Amendment (Access to Justice) Act 2018—enforcement of non-monetary orders

175Transitional—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020

176Transitional—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

Schedules

Schedule 1––Variations from Parts 3 and 4 for various proceedings

Schedule 2––Subject matter for rules

Schedule 3––Expert witnesses and expert evidence

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 142

Victorian Civil and Administrative Tribunal Act 1998

No. 53 of 1998

Version incorporating amendments as at

15 October 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to establish a Victorian Civil and Administrative Tribunal.

2Commencement

(1)This Part comes into operation on the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 31 December 1999, it comes into operation on that day.

3Definitions

In this Act—

*                *                *                *                *

ADRmeans a process attended, or participated in, by a party in a proceeding for the purposes of negotiating a settlement of the proceeding or resolving or narrowing the issues in dispute, including, but not limited to—

(a)mediation;

(b)early neutral evaluation;

(c)settlement conference;

(d)reference of a question to an expert or other person;

(e)expert determination;

(f)compulsory conference;

(g)conciliation;

application means application to the Tribunal;

applicant means—

(a)a person who makes an application; or

(b)a person who requests or requires a matter to be referred to the Tribunal;

Business Licensing Authority

means Business Licensing Authority established under

Part 2 of the Business Licensing Authority Act 1998;

Chief Judge means Chief Judge of the County Court;

Chief Justice means Chief Justice of the Supreme Court;

child means a person under 18 years of age;

decision-maker means a person who makes, or is deemed to have made, a decision under an enabling enactment;

Deputy President means Deputy President of the Tribunal;

Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

enabling enactment means an enactment by or under which jurisdiction is conferred on the Tribunal;

enactment means—

(a)an Act; or

(b)a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984;

expert witness means a person who has specialised knowledge based on the person's training, study or experience;

full-time member means—

(a)the President or a Vice President, other than a Vice President who is undertaking the duties of a Vice President on a part-time or sessional basis under section 11A(2A); or

(b)a Deputy President, senior member or ordinary member who is appointed on a non-sessional basis and who is not undertaking the duties of office on a part-time basis;

function includes jurisdiction, power, duty and authority;

inquiry means an inquiry conducted by the Tribunal under an enabling enactment, other than an inquiry under section 141 of the Equal Opportunity Act 2010;

*                *                *                *                *

interim order means an order of an interim or interlocutory nature;

judicial member means the President or a Vice President;

*                *                *                *                *

member, in relation to the Tribunal, means the President, a Vice President, a Deputy President, a senior member or an ordinary member;

member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;

monetary order means an order of the Tribunal requiring the payment of money, including a fine or penalty;

non-judicial member means a member other than the President or a Vice President;

non-monetary order means an order of the Tribunal other than a monetary order;

order of the Tribunal includes interim order of the Tribunal;

ordinary member means a person appointed as a member of the Tribunal under section 14;

*                *                *                *                *

part-time service arrangement means an arrangement entered into under section 18A;

police officer has the same meaning as in the Victoria Police Act 2013;

President means President of the Tribunal;

presidential member means the President, a Vice President or a Deputy President;

presiding member, in a proceeding, means—

(a)if the Tribunal in that proceeding is constituted by a single member—that member; or

(b)in any other case—the member who presides in that proceeding, as determined in accordance with section 65;

proceeding means a proceeding in the Tribunal, including—

(a)an inquiry conducted by the Tribunal, including an inquiry under section 141 of the Equal Opportunity Act 2010; or

(b)a compulsory conference under section 83; or

(c)a mediation under section 88; or

(d)a rehearing or reassessment under Part 7 of the Guardianship andAdministration Act 2019;

(e)an RDRV proceeding;

professional advocate has the meaning given in section 62(8);

RDRV means Rental Dispute Resolution Victoria;

RDRV proceeding means a proceeding in relation to an application to the Tribunal under the Residential Tenancies Act 1997 to be dealt with by ADR under Division 5A of Part 4;

reserve judge means—

(a)in relation to the Supreme Court, a reserve Judge within the meaning of the Constitution Act 1975;

(b)in relation to the County Court, a reserve judge within the meaning of the County Court Act 1958;

rules mean rules made by the Rules Committee under section 157;

senior member means a person appointed as a member of the Tribunal under section 13;

Tribunal means Victorian Civil and Administrative Tribunal established by Part 2;

Vice President means Vice President of the Tribunal, including a Vice President appointed under section 11A.

4When does a person make a decision?

(1)For the purposes of this Act or an enabling enactment, a person makes a decision if the person—

(a)makes, suspends, revokes or refuses to make a decision, order, determination or assessment (including a decision not to make a decision, order, determination or assessment);

(b)gives, suspends, revokes or refuses to give a certificate, direction, approval, consent or permission;

(c)issues, suspends, revokes or refuses to issue a licence, authority or other instrument;

(d)imposes a condition or restriction;

(e)amends or varies any of the things referred to in paragraph (a), (b), (c) or (d);

(f)makes a declaration, demand, direction or requirement;

(g)retains or refuses to deliver up an article;

(h)does or refuses to do any other act or thing.

(2)For the purposes of this Act or an enabling enactment—

(a)a decision is made under an enactment if it is made in the exercise or purported exercise of a function conferred or imposed by or under that enactment;

(b)a decision that purports to be made under an enactment is deemed to be a decision made under that enactment even if the decision was beyond the power of the decision-maker;

(c)a refusal by a decision-maker to make a decision under an enactment because the decision-maker considers that the decision cannot lawfully be made is deemed to be a decision made under that enactment to refuse to make the decision;

(d)a failure by a decision-maker to make a decision under an enactment within the period specified by that enactment is deemed to be a decision by the decision-maker at the end of that period to refuse to make the decision.

(3)If a person who made a decision by reason of holding or performing the duties of an office or appointment or a position in the public service ceases to hold or perform the duties of that office, appointment or position—

(a)the person for the time being holding or performing the duties of that office, appointment or position is deemed to be the decision-maker in respect of that decision; or

(b)if there is no such person, or if the office or position no longer exists, a person specified by the President is deemed to be the decision-maker in respect of that decision.

5When are a person's interests affected by a decision?

If an enabling enactment provides that a person whose interests are affected by a decision may apply to the Tribunal for review of the decision—

(a)interests means interests of any kind and is not limited to proprietary, economic or financial interests;

(b)the person may apply to the Tribunal whether the person's interests are directly or indirectly affected by the decision and whether or not any other person's interests are also affected by the decision.

6When is a document in a person's possession?

For the purposes of this Act, a document is in a person's possession if it is within the possession, power or control of the person.

7Act binds the Crown

(1)This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

(2)However, nothing in this Act makes the Crown in any of its capacities liable for an offence.

PART 2—VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

Division 1—Establishment and membership

8Establishment of Tribunal

(1)The Victorian Civil and Administrative Tribunal is established.

(2)The Tribunal must have an official seal, which is to be kept in such custody as the Tribunal directs and is only to be used as authorised by the Tribunal.

(3)The Tribunal consists of—

(a)a President; and

(b)the Vice Presidents, Deputy Presidents, senior members and ordinary members; and

(c)the principal registrar and registrars referred to in section 32.

*                *                *                *                *

10President

(1)The President must be a judge of the Supreme Court (other than a reserve Judge of the Supreme Court) who is recommended for appointment by the Minister after consultation with the Chief Justice.

(2)Subject to this Act, the President holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment.

(3)The appointment of a judge of the Supreme Court as President does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge.

(4)Service in the office of President must be taken for all purposes to be service in the office of judge of the Supreme Court.

(5)Nothing in this Act prevents a judge of the Supreme Court appointed as President from constituting the Supreme Court for the purpose of the exercise by the Supreme Court of any of its functions.

11Vice Presidents

(1)As many Vice Presidents as are required for the proper functioning of the Tribunal shall be appointed.

(2)A Vice President must be a judge of the County Court (other than a reserve judge of the County Court) who is recommended for appointment by the Minister after consultation with the Chief Judge.

(3)Subject to this Act, a Vice President holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment.

(4)The appointment of a judge of the County Court as a Vice President does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge.

(5)Service in the office of Vice President must be taken for all purposes to be service in the office of judge of the County Court.

(6)Nothing in this Act prevents a judge of the County Court appointed as a Vice President from constituting the County Court for the purpose of the exercise by the County Court of any of its functions.

11AShort-term Vice Presidents

(1)If the President considers it necessary for the proper functioning of the Tribunal, he or she may request the Minister that one or more reserve judges be appointed as Vice Presidents.

(2)The Minister may appoint a reserve judge as a Vice President for a term not exceeding 6 months.

(2A)In appointing a reserve judge as a Vice President, the Minister may from time to time require that judge to undertake the duties of a Vice President on a full-time or part-time basis, including a sessional basis.

(3)A reserve judge may only be appointed as a Vice President after the Minister has consulted the Chief Judge or the Chief Justice, as the case requires.

(4)The appointment of a reserve judge as a Vice President does not affect his or her tenure of office or status as a reserve judge nor any pension or other rights or privileges that he or she has as a reserve judge.

(5)Service in the office of Vice President must be taken for all purposes to be service in the office of reserve judge.

(6)A reserve judge appointed under this section may only exercise powers of a Vice President when the reserve judge is engaged under section 81B of the Constitution Act 1975, or section 12B of the CountyCourt Act 1958, to undertake the duties of a judge of the applicable court.

12Deputy Presidents

(1)As many Deputy Presidents as are required for the proper functioning of the Tribunal shall be appointed.

(2)A person is not eligible for appointment as a Deputy President unless he or she is a person who has been an Australian lawyer for not less than 5 years.

(3)Subject to this Act, a Deputy President holds office for a term that expires on whichever of the following occurs first—

(a)the date that is 7 years after the date of appointment;

(b)the date that the Deputy President attains the age of 70 years.

(4)A Deputy President may only be appointed on a non-sessional basis.

13Senior members

(1)As many senior members as are required for the proper functioning of the Tribunal shall be appointed.

(2)A person is not eligible for appointment as a senior member unless he or she—

(a)has been an Australian lawyer for not less than 5 years; or

(b)has, in the opinion of the Minister, extensive knowledge or experience in relation to any class of matter in respect of which functions may be exercised by the Tribunal.

(3)Subject to this Act, a senior member holds office for a term that expires on whichever of the following occurs first—

(a)the date that is 7 years after the date of appointment;

(b)the date that the senior member attains the age of 70 years.

(4)A senior member may be appointed on a sessional or a non-sessional basis.

(5)Subsection (3)(b) does not apply in respect of a senior member who is appointed on a sessional basis.

14Ordinary members

(1)As many ordinary members as are required for the proper functioning of the Tribunal shall be appointed.

(2)A person is not eligible for appointment as an ordinary member unless he or she—

(a)is an Australian lawyer; or

(b)has, in the opinion of the Minister, special knowledge or experience in relation to any class of matter in respect of which functions may be exercised by the Tribunal.

(3)Subject to this Act, an ordinary member holds office for a term that expires on whichever of the following occurs first—

(a)the date that is 7 years after the date of appointment;

(b)the date that the ordinary member attains the age of 70 years.

(4)An ordinary member may be appointed on a sessional or a non-sessional basis.

(5)Subsection (3)(b) does not apply in respect of an ordinary member who is appointed on a sessional basis.

Division 2—General provisions relating to members

15Applications for appointment

(1)A person may apply to the Minister for appointment as a member of the Tribunal.

(2)The Minister may refer an application to the Chief Commissioner of Police.

(3)The Chief Commissioner of Police must inquire into and report, within 30 days, to the Minister on any matters concerned with the application that the Minister requests.

(4)An applicant is required to consent to the referral of the application to the Chief Commissioner of Police and the making of inquiries and reports under subsection (3).

(5)If the applicant does not consent under subsection (4), the Minister may refuse to consider the application.

(6)Nothing in this section prevents a person who has not applied under this section being appointed as a member of the Tribunal.

16Appointment of members

(1)Members (other than a Vice President appointed under section 11A) are appointed by the Governor in Council on the recommendation of the Minister.

(2)A member is eligible for re-appointment.

(3)The Public Administration Act 2004 does not apply to a member in respect of the office of member.

(4)A person who is appointed or reappointed as a non-judicial member must, before exercising any power or performing any function as a member, take an oath or affirmation of office in the prescribed form and manner.

(5)Subsection (4) does not apply in the case of an appointment under section 16A.

(6)Subsection (4) does not apply to a person who has previously taken an oath or affirmation of office under subsection (4).

(7)A failure by a person to take an oath or affirmation of office in accordance with this section does not invalidate anything done by that person as a member of the Tribunal.

(8)The instrument of appointment of a Deputy President, senior member or ordinary member may indicate that the member is to commence undertaking the duties of office on a part-time basis and, if so, may specify the proportion of full‑time duties to be worked by the member.

(9)If a member's instrument of appointment indicates that the member is to commence undertaking the duties of office on a part‑time basis, the member is taken to have entered into a part-time service arrangement, which may be varied or terminated accordingly.

16AInternal promotion of Tribunal members

(1)The Governor in Council, on the recommendation of the Minister, may appoint—

(a)a senior member of the Tribunal as a Deputy President;

(b)an ordinary member of the Tribunal as a senior member—

for the remainder of the member's term of office.

(2)The Minister may recommend the appointment of a member under subsection (1) only if—

(a)the member is eligible for appointment as a Deputy President or senior member, as the case requires; and

(b)the President has recommended the appointment to the Minister.

16BAmendment of appointment of sessional and non‑sessional members

(1)The Governor in Council may amend the appointment of a senior member or ordinary member who was appointed on a sessional basis so that the member's appointment continues on a non-sessional basis.

(2)The Governor in Council may amend the appointment of a senior member or ordinary member who was appointed on a non‑sessional basis so that the member's appointment continues on a sessional basis.

(3)The Governor in Council may amend an appointment under this section only with the member's prior consent.

(4)Subsection (1) does not apply to a sessional member who has attained the age of 70 years.

(5)If a member's appointment is amended under subsection (1), the member's term of office expires on whichever of the following first occurs—

(a)the date that is 7 years after the original date of appointment;

(b)the date that the member attains the age of 70 years.

(6)If a member's appointment is amended under subsection (2), the member's term of office expires on the date that is 7 years after the original date of appointment.

17Terms and conditions of service

(1)A member is subject to the terms and conditions, including remuneration and allowances, that are determined from time to time by Order of the Governor in Council.

(2)The Governor in Council may under subsection (1) determine different terms and conditions for different classes of members.

(3)For the purposes of subsection (2), the Governor in Council may determine the classes of members in any manner the Governor in Council thinks fit.

(3A)An Order of the Governor in Council under this section may apply, adopt or incorporate by reference any document formulated or published by a person or body, whether—

(a)without modification or as modified by the Order; or

(b)as formulated or published on or before the date when the Order is made; or

(c)as formulated or published from time to time.

(4)This section does not apply to a judicial member.

17AA   Appropriation of certain amounts in relation to non‑judicial members

The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

(a)the amounts (including the amount of any non-salary benefits) payable to or for any non-judicial member; and

(b)premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of any non-judicial member; and

(c)payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any non-judicial member; and

(d)tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any non-judicial member; and

(e)superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any non-judicial member.

17ASalary sacrifice

(1)A member may by notice in writing to the Attorney-General enter into an arrangement under which the member agrees to receive the whole or part of his or her total amount of future remuneration as a member as non-salary benefits of an equivalent value.

(2)The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

(3)A member may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General.

(4)The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.

(5)If, before the commencement of section 13 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a member entered into an arrangement under whichthe member agreed to receive the whole orpart of his or her total amount of salary as a member as non‑salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have hadfull effect according to its tenor as if it had been authorised under this section.

(6)On and after the commencement of section 13 ofthe 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3).

(7)In subsection (1), non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) ofSchedule 1A to the Public Administration Act 2004.

18Prohibition on outside employment

A non-judicial member who is a full-time member must not, without the consent of the President and in accordance with any conditions attached to that consent, engage in the practice of any profession or in any paid employment (whether within or outside Victoria) outside the duties of his or her office.

18AEntry into part-time service arrangement

(1)A Deputy President, senior member or ordinary member may enter into an arrangement with the President to undertake the duties of office on a part-time basis.

(2)A part-time service arrangement—

(a)must be in writing; and

(b)must specify the proportion of full-time duties to be worked by the member, which must be a minimum of 0·4 of full-time duties; and

(c)may specify an expiry date, but is not required to do so.

(3)The President may have regard to the following factors in considering whether to enter into a part‑time service arrangement—

(a)the operational needs of the Tribunal;

(b)the personal and professional circumstances of the member;

(c)parity and equity with other members;

(d)any other relevant consideration.

(4)A part-time service arrangement takes effect from the date specified in the part-time service arrangement.

(5)A Deputy President, senior member or ordinary member to whom a part-time service agreement applies is entitled to receive a pro‑rata amount of the remuneration applicable to a Deputy President, senior member or ordinary member (as the case requires) appointed on a non-sessional basis who is undertaking the duties of office on a full-time basis.

(6)This section does not apply to a senior member or ordinary member who is appointed on a sessional basis.

18BVariation of part-time service arrangement

(1)A part-time service arrangement may be varied by agreement between the member to whom the arrangement applies and the President.

(2)A variation of a part-time service arrangement—

(a)must be in writing; and

(b)must specify the proportion of full-time duties to be worked by the member, which must be a minimum of 0·4 of full-time duties.

(3)The President may have regard to the factors referred to in section 18A(3) in considering whether to vary a part-time service arrangement.

(4)A variation of a part-time service arrangement takes effect from the date specified in the written variation of the part‑time service arrangement.

18CTermination of part-time service arrangement

(1)A part-time service arrangement is terminated if the appointment of the member to whom the arrangement applies is amended from a non‑sessional basis to a sessional basis.

Note

See section 16B(2).

(2)A part-time service arrangement may be terminated by agreement between the member to whom the arrangement applies and the President.

19Disclosure of interests

(1)This section applies to a member who constitutes, or is to constitute, the Tribunal for the purposes of a particular proceeding, whether with or without others, and who has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the functions of the member in relation to that proceeding.

(2)The member—

(a)must not take part in the proceeding or exercise any powers in relation to it, unless all parties to the proceeding agree otherwise; and

(b)if not the President, must disclose the nature of the interest to the President; and

(c)if the President, must disclose the nature of the interest to the Chief Justice.

20Resignation

A member may resign his or her office as member by delivering to the Governor a signed letter of resignation.

21Vacation of office

(1)The office of a judicial member becomes vacant if the member ceases to hold the office of judge or reserve judge, as the case requires.

(2)The office of a non-judicial member becomes vacant if the member becomes an insolvent under administration.

(3)Without limiting subsection (2), the office of an ordinary member or a senior member, if that member is a magistrate, becomes vacant if the member ceases to hold the office of magistrate.

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25Validity of proceedings

A decision of the Tribunal is not invalid only because—

(a)of a vacancy in the office of a member; or

(b)of a defect or irregularity in, or in connection with, the appointment of a member or acting member; or

(c)in the case of a person appointed to act as President, a Vice President or a Deputy President, the occasion for so acting had not arisen or had ceased; or

(d)a member or former member represents a party in a proceeding in contravention of section 25A.

25AMember or former member may not represent a party

If the rules provide for proceedings to be entered in or transferred to lists of the Tribunal and for members to be assigned to those lists—

(a)a member must not represent a party in any proceeding that has been entered in or transferred to a list to which the member has been assigned;

(b)for a period of 2 years after a member ceases to be a member, he or she must not represent a party in any proceeding that has been entered in or transferred to a list to which the former member was assigned, except with the approval of the President.

25BMember or former member may not appear as expert witness

(1)If the rules provide for proceedings to be entered in or transferred to lists of the Tribunal and for members to be assigned to those lists—

(a)a member must not appear as an expert witness in any proceeding that has been entered into or transferred to a list to which the member has been assigned, except with the approval of the President; and

(b)for a period of 2 years after a member ceases to be a member, the former member must not appear as an expert witness in any proceeding that has been entered into or transferred to a list to which the former member was assigned, except with the approval of the President.

(2)This section is subject to any other provision of this Act or an enabling enactment that allows a member or former member to appear as a witness.

Note

See, for example, section 30 of the Valuation of Land Act 1960.

Division 3—Acting appointments

26Acting President

(1)If there is a vacancy in the office of President or the President is absent or, for any other reason, is unable to perform the duties of office, an acting President may be appointed in accordance with this section.

(2)The appointment of an acting President may be made by the Minister, for a term not exceeding 3 months, or by the Governor in Council, for a term not exceeding 6 months.

(3)Only a Vice President or a judge of the Supreme Court (other than a reserve judge) may be appointed to act as President.

(3A)A Vice President appointed under section 11A must not be appointed as acting President.

(4)A judge of the Supreme Court may only be appointed to act as President after the Minister has consulted the Chief Justice.

(5)A person appointed as acting President in accordance with this section—

(a)has all the powers and must perform all the duties of the President; and

(b)if not a judge of the Supreme Court, is entitled to be paid the salary and allowances for the time being payable to a judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal); and

(c)may resign the acting appointment by delivering to the Minister or the Governor, as the case requires, a signed letter of resignation; and

(d)is eligible for re-appointment (however, a person appointed as acting President by the Minister may only be re-appointed by the Governor in Council).

(6)The Minister or the Governor in Council, as the case requires, may at any time terminate an acting appointment.

(7)The appointment of a judge of the Supreme Court or a Vice President as acting President does not affect his or her tenure of office or status as a judge nor any other rights or privileges that he or she has as a judge nor, in the case of a judge of the Supreme Court, the payment of his or her salary or allowances as a judge.

(8)Service in the office of acting President must be taken for all purposes to be service in the office of judge of the Supreme Court or County Court, as the case requires.

(9)Nothing in this Act prevents a judge of the Supreme Court or a Vice President appointed as acting President from constituting the Supreme Court or County Court, as the case requires, for the purpose of the exercise by that Court of any of its functions.

27Acting Vice President

(1)If there is a vacancy in the office of a Vice President or a Vice President is absent or, for any other reason, is unable to perform the duties of office, an acting Vice President may be appointed in accordance with this section.

(2)The appointment of an acting Vice President may be made by the Minister, for a term not exceeding 3 months, or by the Governor in Council, for a term not exceeding 6 months.

(3)Only a judge of the County Court (other than a reserve judge) may be appointed to act as a Vice President.

(4)A judge of the County Court may only be appointed to act as a Vice President after the Minister has consulted the Chief Judge.

(5)A person appointed as an acting Vice President in accordance with this section—

(a)has all the powers and must perform all the duties of the Vice President for whom he or she is acting; and

(b)may resign the acting appointment by delivering to the Minister or the Governor, as the case requires, a signed letter of resignation; and

(c)is eligible for re-appointment (however, a person appointed as an acting Vice President by the Minister may only be re-appointed by the Governor in Council).

(6)The Minister or the Governor in Council, as the case requires, may at any time terminate an acting appointment.

(7)The appointment of a judge of the County Court as an acting Vice President does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge.

(8)Service in the office of an acting Vice President must be taken for all purposes to be service in the office of judge of the County Court.

(9)Nothing in this Act prevents a judge of the County Court appointed as an acting Vice President from constituting the County Court for the purpose of the exercise by the County Court of any of its functions.

28Acting Deputy President

(1)If there is a vacancy in the office of a Deputy President or a Deputy President is absent or, for any other reason, is unable to perform the duties of office, the President may appoint a senior member of the Tribunal as an acting Deputy President.

(2)The appointment of an acting Deputy President cannot exceed 6 months.

(3)A person appointed as an acting Deputy President—

(a)has all the powers and may perform all the duties of the Deputy President for whom he or she is acting; and

(b)may resign the acting appointment by delivering to the President a signed letter of resignation; and

(c)subject to subsection (3A), is eligible for re‑appointment.

(3A)A person appointed as an acting Deputy President must not act as a Deputy President for a continuous period of more than 12 months, unless the Minister, in writing, approves a proposed re-appointment which would result in a person acting as a Deputy President for a continuous period of more than 12 months.

(4)The President may at any time terminate an acting appointment.

28AActing senior member

(1)If there is a vacancy in the office of a senior member or a senior member is absent or, for any other reason, is unable to perform the duties of office, the President may appoint an ordinary member of the Tribunal as an acting senior member.

(2)The appointment of an acting senior member must not exceed 6 months.

(3)A person appointed as an acting senior member—

(a)has all the powers and may perform all the duties of the senior member for whom the acting senior member is acting; and

(b)may resign the acting appointment by delivering to the President a signed letter of resignation; and

(c)subject to subsection (4), is eligible for re‑appointment.

(4)A person appointed as an acting senior member must not act as a senior member for a continuous period of more than 12 months, unless the Minister, in writing, approves a proposed re‑appointment which would result in a person acting as a senior member for a continuous period of more than 12 months.

(5)The President may at any time terminate an acting appointment.

29Additional acting judicial appointments

(1)The Chief Justice may appoint judges of the Supreme Court (other than a reserve Judge) to be members of a panel of judges available for acting appointments under this section.

(2)The Chief Judge may appoint judges of the County Court (other than a reserve judge) to be members of a panel of judges available for acting appointments under this section.

(3)If the President considers it desirable for an acting judicial member to be appointed temporarily to hear and determine any one or more proceedings, he or she may, with the approval of the Chief Justice or the Chief Judge, as the case requires, appoint a judge who is a member of a panel of judges to be an acting member for the purposes of those proceedings.

(4)An appointment under this section must be in writing.

(5)A judge appointed as an acting member in accordance with this section—

(a)has all the powers and must perform all the duties of a member; and

(b)for the purposes of constituting the Tribunal for a proceeding—

(i)in the case of a judge of the Supreme Court—must be treated as if he or she were the President;

(ii)in the case of a judge of the County Court—must be treated as if he or she were a Vice President.

(6)The appointment of a judge of the Supreme Court or County Court as an acting member in accordance with this section does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge.

(7)Service in the office of an acting member in accordance with this section must be taken for all purposes to be service in the office of judge of the Supreme Court or County Court, as the case requires.

(8)Nothing in this Act prevents a judge of the Supreme Court or County Court appointed as an acting member in accordance with this section from constituting the Supreme Court or County Court, as the case requires, for the purpose of the exercise by that Court of any of its functions.

Division 4—Administration

30Administrative functions of President and Vice Presidents

(1)Subject to this Act and the rules, the President and the Vice Presidents are to direct the business of the Tribunal.

(2)The President and the Vice Presidents are responsible for the management of the administrative affairs of the Tribunal.

(3)The President and the Vice Presidents may determine the places and times for sittings of the Tribunal.

(4)In carrying out functions under this section, a Vice President is subject to the direction of the President.

31President to advise Minister

It is a function of the President to advise the Minister with respect to any action that the President considers would lead to—

(a)the more convenient, economic and efficient disposal of the business of the Tribunal;

(b)the avoidance of delay in the hearing of proceedings;

(c)this Act or any enabling enactment being rendered more effective.

32Employment of registrars and other staff

(1)To assist in the administration of the Tribunal there are to be employed under the Public Administration Act 2004—

(a)a principal registrar; and

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(c)as many registrars and other staff as are necessary.

(2)The principal registrar—

(a)has the functions conferred by or under this or any other Act and the rules; and

(b)in carrying out those functions, is subject to the direction of the President.

(3)A registrar other than the principal registrar has, subject to the direction of the principal registrar, all the functions of the principal registrar.

32AA   Principal registrar to give assistance

(1)The principal registrar is to give assistance as the principal registrar considers appropriate to—

(a)participants in a proceeding; and

(b)potential participants in a proceeding, including a person who is considering making an application but who has not yet made an application.

(2)Assistance given under subsection (1) may be in relation to all stages or any stage of a proceeding.

(3)To avoid doubt, assistance given under subsection (1) does not extend to providing legal advice.

32ABFunctions of principal registrar—RDRV proceedings

(1)Without limiting section 32 or 32AA, the principal registrar has the following functions in relation to ADR at RDRV and RDRV proceedings—

(a)assessing applications under the Residential Tenancies Act 1997 for suitability or eligibility to be dealt with in accordance with Division 5A of Part 4;

(b)conducting RDRV proceedings under Division 5A of Part 4;

(c)any other function referred to in Division 5A of Part 4 or by rules made for the purposes of that Division.

(2)With the prior written approval of the President, the principal registrar may delegate any function referred to in subsection (1) to a member of staff referred to in section 32(1)(c) if satisfied that the member of staff is appropriately qualified to perform the function.

(3)A delegation under this section must be in writing.

(4)In this section appropriately qualified has the same meaning as in section 32A(4).

32ADelegation by principal registrar

(1)Subject to subsection (2), the principal registrar, with the prior written approval of the President, may delegate to a member of staff referred to in section 32(1)(c) any function of the principal registrar under the rules that the rules specify may be delegated under this section.

(2)The principal registrar may delegate a function under the rules only to a person the principal registrar is satisfied is appropriately qualified to perform the function.

Note

The rules may specify the person or class of person to whom a function may be delegated—see section 157A(5)(b).

(3)A delegation under this section must be in writing.

(4)In this section—

appropriately qualified, for a function, includes having the qualifications, experience or standing appropriate to perform the function.

33Delegation by President and Vice Presidents

(1)The President may delegate to any member or class of members or to the principal registrar any function of the President under this Act, the rules or an enabling enactment, other than this power of delegation.

(2)A Vice President may delegate to any member or class of members or to the principal registrar any function of the Vice President under this Act, the rules or an enabling enactment, other than this power of delegation.

(3)A delegation under this section must be in writing.

34Secrecy

(1)This section applies to any person who is or has been—

(a)a member of the Tribunal;

(b)a registrar or other member of staff of the Tribunal;

(c)a person acting under the authority of the Tribunal.

(2)Except as permitted by this section, a person to whom this section applies must not directly or indirectly make a record of, or disclose to any person, any information about the affairs of a person acquired in the performance of functions under or in connection with this Act or an enabling enactment.

Penalty:60 penalty units.

(3)A person to whom this section applies may record or disclose information referred to in subsection (2)—

(a)with the written consent of the person to whom the information relates; or

(b)in connection with the performance of functions under this Act or an enabling enactment.

Note

There are information sharing functions of the Tribunal under sections 38AA and 147A.

(4)A person to whom this section applies may disclose any information referred to in subsection (2) to a police officer for the purposes of reporting a suspected offence or assisting in the investigation of a suspected offence.

(5)A person to whom this section applies may disclose any information referred to in subsection (2) for statistical purposes to a person approved by the Minister provided that the information does not identify any person to whom it relates.

(6)Nothing in this section[1] applies to the recording or disclosure of—

(a)anything said or done at a hearing of the Tribunal (other than at a hearing that the Tribunal has directed to be held in private or that is the subject of a closed court order under Part 5 of the Open Courts Act 2013); or

(b)any decision or order of the Tribunal or the reasons for any such decision or order.

35Prohibition on secondary disclosures

(1)A person to whom information referred to in section 34(2) is disclosed, and any employee of that person, is subject to the same obligations and liabilities with respect to the recording or disclosure of the information as they would be if they were a person referred to in section 34(1) who had acquired the information in the performance of functions under this Act or an enabling enactment.

(2)Subsection (1) does not apply to a police officer to whom information is disclosed under section 34(4).

36Further restriction on disclosure

(1)Subject to this section—

(a)a person referred to in section 34(1) is not, except for the purposes of this Act or an enabling enactment, required—

(i)to produce in a court any document that has come into his or her possession; or

(ii)to disclose to a court any information that has come to his or her notice—

in the performance of functions under or in connection with this Act or an enabling enactment; and

(b)a person referred to in section 35 is not, except for the purposes of this Act or an enabling enactment, required—

(i)to produce in a court any document that has come into his or her possession; or

(ii)to disclose to a court any information that has come to his or her notice—

as a result of a disclosure to that person under section 34.

(2)If—

(a)the Minister certifies that it is necessary in the public interest that specified information should be disclosed to a court; or

(b)the person to whom information relates has given written consent for it to be disclosed to a court—

a person referred to in subsection (1) may be required to disclose the relevant information or produce the relevant document to the court.

(3)A person referred to in subsection (1) may be required—

(a)to produce in a court a document that has come into his or her possession; or

(b)to disclose to a court any information that has come to his or her notice—

in any proceeding for an indictable offence, including a committal proceeding and a summary hearing of an indictable offence.

(4)In this section—

court includes a tribunal and any person who has power to require the production of documents or the answering of questions.

37Annual report

(1)As soon as practicable in each year but not later than 30 September, the Tribunal must submit to the Minister a report containing—

(a)a review of the operation of the Tribunal and of the Rules Committee during the 12 months ending on the preceding 30 June; and

(b)proposals for improving the operation of, and forecasts of the workload of, the Tribunal in the following 12 month period.

(2)The Minister must cause each report under subsection (1) to be laid before each House of the Parliament within 14 sitting days of that House after it is received by the Minister.

38Where may the Tribunal sit?

The Tribunal may sit at any place in Victoria.

38AA Disclosure of information or data by Tribunal

(1)It is a function of the Tribunal—

(a)to disclose information or data of a prescribed class of information or data to the Victorian Building Authority or a relevant agency in accordance with an information sharing arrangement under section 259AB of the Building Act 1993 entered into by the Tribunal; and

(b)to provide information or data of a prescribed class of information or data to the Building Monitor, which is required by the Building Monitor under a notice given to the Tribunal under section 208K(1) of the Building Act 1993.

(2)It is a function of the Tribunal to disclose information or data to the Director in accordance with an information sharing arrangement under section 133 of the Australian Consumer Law and Fair Trading Act 2012 entered into by the Tribunal.

Division 5—Professional development and training

38AProfessional development and training

(1)The President is responsible for directing the professional development and continuing education and training of members.

(2)In discharging his or her responsibility under subsection (1) the President may direct—

(a)all members; or

(b)a specified class of member; or

(c)a specified member—

to participate in a specified professional development or continuing education and training activity.

(3)A direction under subsection (2) may be given orally or in writing.

PART 3—THE TRIBUNAL—JURISDICTION AND FUNCTIONS

Division 1—Introductory

39Structure of Part

(1)This Part sets out the general jurisdiction and functions of the Tribunal.

(2)Schedule 1 sets out variations from this Part for certain types of proceedings[2].

40Jurisdiction of the Tribunal

The Tribunal has 2 types of jurisdiction—

(a)original jurisdiction; and

(b)review jurisdiction.

41What is original jurisdiction?

Original jurisdiction is the jurisdiction of the Tribunal other than its review jurisdiction[3].

42What is review jurisdiction?

(1)Review jurisdiction is jurisdiction conferred on the Tribunal by or under an enabling enactment to review a decision made by a decision-maker.

(2)For the avoidance of doubt, the Tribunal's jurisdiction under Part 7 of the Guardianship and Administration Act 2019 is original jurisdiction, not review jurisdiction.

Division 2—Original jurisdiction

43How is original jurisdiction invoked?

The original jurisdiction of the Tribunal is invoked—

(a)by a person who is entitled by or under an enabling enactment to do so applying to the Tribunal in accordance with section 67; or

(b)by a matter being referred to the Tribunal under an enabling enactment in accordance with section 69; or

(c)in any other way permitted or provided for by the enabling enactment.

44Functions of the Tribunal

In exercising its original jurisdiction, the Tribunal has the functions conferred on it by or under the enabling enactment, as well as any functions conferred on it by or under this Act, the regulations and the rules.

Division 3—Review jurisdiction

Subdivision 1—Obtaining reasons for decisions

45Request for statement of reasons for decision

(1)A person who is entitled to apply to the Tribunal for review of a decision, or to have a decision referred to the Tribunal for review, may request the decision-maker to give the person a written statement of reasons for the decision.

(2)A request under subsection (1) must be made in writing within 28 days after the day on which the decision was made.

46Decision-maker to give statement of reasons on request

(1)A decision-maker must give a written statement of reasons for a decision to a person as soon as practical, and in any event within 28 days or such other period as is specified in the enabling enactment, after receiving a request under section 45.

(2)Subject to this Act, the statement must set out—

(a)the reasons for the decision; and

(b)the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.

(3)A statement of reasons need not be given under this section if the decision-maker has already given a written statement containing the matters referred to in subsection (2) to the person (whether as part of the decision or separately).

(4)A statement of reasons—

(a)must not include any information or matter to which a certificate under section 53 (Premier's certificate) applies; and

(b)subject to section 47, must not include any information or matter to which a certificate under section 54 (Attorney-General's certificate) applies.

(5)If a statement of reasons would be false or misleading if it did not include information or matter referred to in subsection (4), the decision-maker must inform the person who requested the statement of that fact and must not give the statement to the person.

(6)Subsection (2)(b) does not apply to a decision made by the Business Licensing Authority.

(7)A written statement of reasons for a decision by the Business Licensing Authority complies with subsection (2)(a) if it sets out the statutory ground on which the decision is based.

47The Tribunal may order statement of reasons to be given

(1)If a statement of reasons is not given to a person in accordance with section 46, the person who requested the statement may apply to the Tribunal, in accordance with the rules, for an order that a statement of reasons be given to the person.

(2)The applicant must give notice of an application under subsection (1) to the decision-maker to whom the request for a statement of reasons was made.

(3)On an application under subsection (1), if the Tribunal is satisfied that the applicant is entitled to receive a statement of reasons, the Tribunal may order that the decision-maker give a statement of reasons to the applicant within the time specified in the order.

(4)The Tribunal must not order—

(a)that a statement of reasons include any information or matter to which a certificate under section 53 (Premier's certificate) applies; or

(b)that a statement of reasons be given to the applicant that is false or misleading because it does not contain information or matter referred to in section 46(4).

(5)The Tribunal may order that a statement of reasons include information or matter to which a certificate under section 54 (Attorney-General's certificate) applies if the Tribunal considers it would not be contrary to the public interest to do so.

(6)The Tribunal's power to make an order under subsection (5) is exercisable only by the President.

(7)For the purposes of this Act, the question whether or not the inclusion of information or matter in a statement of reasons would be contrary to the public interest is a question of law.

Subdivision 2—Jurisdiction of the Tribunal

48How is review jurisdiction invoked?

The review jurisdiction of the Tribunal is invoked—

(a)by a person who is entitled to do so by or under an enabling enactment applying to the Tribunal in accordance with section 67 for review of a decision under that enactment; or

(b)by a decision-maker referring a decision to the Tribunal under an enabling enactment in accordance with section 69 for review of the decision; or

(c)in any other way permitted or provided for by the enabling enactment.

49Decision-maker must lodge material

(1)If a proceeding is commenced for review of a decision, the decision-maker must lodge with the Tribunal as many copies as the rules require of—

(a)the statement of reasons given by the decision-maker under section 46(1) or, if no such statement has been given, a statement containing the matters set out in section 46(2) or, in the case of the Business Licensing Authority, section 46(2)(a); and

(b)every other document in the decision‑maker's possession that the decision-maker considers is relevant to the review of the decision.

(2)Copies must be lodged under subsection (1) within 28 days after—

(a)the day on which the decision-maker received notice of the application to the Tribunal; or

(b)the day on which the decision-maker referred the decision to the Tribunal—

as the case requires.

(3)If the Tribunal considers that there are further documents in the possession of the decision‑maker that may be relevant to

the review, the Tribunal may give written

notice to the decision-maker requiring the decision‑maker to lodge the number of copies of those documents required by the rules with the Tribunal within the time specified in the notice.

(4)If the Tribunal considers that a statement lodged under subsection (1)(a) is not adequate, the Tribunal may order the decision-maker to lodge the number of copies required by the rules of an additional statement containing the further particulars specified in the order within the time specified in the order.

(5)This section applies despite any rule of law relating to privilege or the public interest in relation to the production of documents[4].

50Effect of original decision pending review

(1)Subject to subsection (2), the commencement of a proceeding for review of a decision does not affect the operation of the decision or prevent the taking of action to implement the decision.

(2)Subsection (1) does not apply—

(a)if the enabling enactment provides otherwise; or

(b)if the Tribunal makes an order under subsection (3).

(3)The Tribunal may make an order staying the operation of a decision that is the subject of a proceeding for review.

(4)The Tribunal may make an order under subsection (3)—

(a)on application by any party or on its own initiative;

(b)whether or not it has given any person whose interests may be affected by the order an opportunity to be heard.

(5)In making an order under subsection (3), the Tribunal—

(a)may require any undertaking as to costs or damages that it considers appropriate; and

(b)may make provision for the lifting of the order if specified conditions are met.

(6)The Tribunal may assess any costs or damages referred to in subsection (5)(a).

(7)The Tribunal's power to make an order under subsection (3) is exercisable by the presiding member.

51Functions of Tribunal on review

(1)In exercising its review jurisdiction in respect of a decision, the Tribunal—

(a)has all the functions of the decision-maker; and

(b)has any other functions conferred on the Tribunal by or under the enabling enactment; and

(c)has any functions conferred on the Tribunal by or under this Act, the regulations and the rules.

(2)In determining a proceeding for review of a decision the Tribunal may, by order—

(a)affirm the decision under review; or

(b)vary the decision under review; or

(c)set aside the decision under review and make another decision in substitution for it; or

(d)set aside the decision under review and remit the matter for re-consideration by the decision-maker in accordance with any directions or recommendations of the Tribunal.

(3)Subject to subsection (4), a decision of a decision-maker as affirmed or varied by the Tribunal, or a decision made by the Tribunal in substitution for the decision of a decision-maker—

(a)is deemed to be a decision of that decision-maker; and

(b)subject to any contrary order by the Tribunal, has, or is deemed to have had, effect from the time at which the decision under review has or had effect.

(4)Subsection (3)(a) does not apply for the purposes of—

(a)an application to the Tribunal for review of the decision; or

(b)an appeal under Part 5.

(5)If an applicant does not appear (personally or by representative) at the hearing of a proceeding for review of a decision, the Tribunal must confirm the decision.

51ATribunal may invite decision-maker to reconsider decision

(1)At any time in a proceeding for review of a decision, the Tribunal may invite the decision‑maker to reconsider the decision.

(2)On being invited by the Tribunal to reconsider a decision, the decision-maker may—

(a)affirm the decision; or

(b)vary the decision; or

(c)set aside the decision and substitute a new decision for it.

(3)If the decision-maker varies the decision or

sets it aside and substitutes a new decision and the proceeding continues, it is taken to be a proceeding for review of the decision as varied or the new decision.

(4)As far as possible the Tribunal must ensure that a proceeding's priority is not affected by the making of an invitation under this section, unless the parties consent.

(5)The Tribunal cannot make an order for costs under section 74(2)(b) only because an applicant withdraws a proceeding following reconsideration by the decision-maker under this section.

52Limitation of courts' jurisdiction in planning matters

(1)The Supreme Court, the County Court or the Magistrates' Court does not have jurisdiction to hear, or continue to hear, or determine any proceeding in which a person bringing the proceeding brings in issue the matter of the exercise of, or the failure to exercise, a power under a planning enactment if—

(a)the Tribunal has jurisdiction to review the matter of the exercise of, or the failure to exercise, that power; and

(b)the matter—

(i)has not been the subject of a proceeding in the Tribunal; or

(ii)if it has been the subject of a proceeding in the Tribunal, has not been determined by the Tribunal; or

(iii)if it has been determined by the Tribunal, the time for appeal against an order of the Tribunal in the proceeding has not expired; or

(iv)if an appeal has been brought against an order in the proceeding, the appeal has not been determined.

(2)If the Supreme Court, the County Court or the Magistrates' Court is of the opinion that there are special circumstances that justify the hearing by the Court of a proceeding to which subsection (1) applies, the court may direct that subsection (1) does not apply to that proceeding.

(3)If a court determines a proceeding to which subsection (1) applies but does not give a direction under subsection (2), nothing in this section invalidates the decision of the court.

(4)In this section—

planning enactment means—

(a)Catchment and Land Protection Act 1994;

(b)  Environment Protection Act 2017;

(c)the provisions of the Mineral Resources (Sustainable Development) Act 1990 relating to extractive industries;

(d)section 36 of the Flora and Fauna Guarantee Act 1988;

(e)section 185 of the Local Government Act 1989;

(f)Planning and Environment Act 1987 (except sections 94(5) and 105);

(fa)section 57 of the Road Management Act 2004;

(fb)section 126 and Schedule 2 of the Road Management Act 2004;

(fc)section 132 of the Road Management Act 2004 and regulations made under that section;

(g)Subdivision Act 1988 (except Division 5 of Part 5 and section 39);

(h)section 56 of the Transport (Compliance and Miscellaneous) Act 1983 and regulations made under that section;

(i)Water Act 1989 (except section 19).

Subdivision 3—Matters of privilege and policy

53Cabinet documents

(1)The Premier may certify in writing that the disclosure of information about a specified matter, or the disclosure of any matter contained in a document, would be contrary to the public interest because it would involve the disclosure of deliberations of the Cabinet or a committee of the Cabinet.

(2)The Tribunal must ensure that—

(a)information or a document to which a certificate under subsection (1) applies that islodged with or produced or given to the Tribunal in a proceeding for review of a decision is not disclosed to any person other than a member of the Tribunal as constituted for the purposes of the proceeding in which it was lodged, produced or given; and

(b)a document to which a certificate under subsection (1) applies that is lodged with or produced or given to the Tribunal in a proceeding for review of a decision is returned to the person by whom it was lodged, produced or given when no longer required by the Tribunal.

54Crown privilege

(1)The Attorney-General may certify in writing that the disclosure of information about a specified matter, or the disclosure of any matter contained in a document, would be contrary to the public interest for a reason specified in the certificate thatcould form the basis for a claim by the State in a proceeding in the Supreme Court that the information or matter should not be disclosed.

(2)The Tribunal must ensure that—

(a)subject to subsection (3), information or a document to which a certificate under subsection (1) applies that is lodged with or produced or given to the Tribunal in a proceeding for review of a decision is not disclosed to any person other than a member of the Tribunal as constituted for the purposes of the proceeding in which it was lodged, produced or given; and

(b)a document to which a certificate under subsection (1) applies that is lodged with or produced or given to the Tribunal in a proceeding for review of a decision is returned to the person by whom it was lodged, produced or given when no longer required by the Tribunal.

(3)The Tribunal, with the consent of the President, may allow a party, or a representative of a party, to have access to, or inspect, information or a document to which a certificate under subsection (1) applies, on any conditions the Tribunal thinks fit.

55Certain questions not required to be answered

(1)Subject to this section, a person is not required to answer a question put to him or her in the course of giving evidence before the Tribunal in a proceeding for review of a decision if to do so would involve the disclosure of any information or matter to which a certificate under section 53 (Premier's certificate) or 54 (Attorney-General's certificate) applies.

(2)The Tribunal may order that a person answer a question that would involve the disclosure of any information or matter to which a certificate under section 54 (Attorney-General's certificate) applies if the Tribunal considers it would not be contrary to the public interest for the person to answer the question.

(3)The Tribunal's power to make an order under subsection (2) is exercisable only by the President.

(4)For the purposes of this Act, the question whether or not the answering of a question would be contrary to the public interest is a question of law.

Guardianship and Administration (Amendment) Act 2002, No. 41/2002

Assent Date:	17.9.02
Commencement Date:	S. 43 on 1.1.03: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Residential Tenancies (Amendment) Act 2002, No. 45/2002

Assent Date:	22.10.02
Commencement Date:	Ss 101, 102 on 1.7.03: Government Gazette 5.6.03 p. 1287
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Retail Leases Act 2003, No. 4/2003

Assent Date:	15.4.03
Commencement Date:	S. 123 on 1.5.03: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Small Business Commissioner Act 2003, No. 6/2003

Assent Date:	15.4.03
Commencement Date:	S. 16 on 1.5.03: 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Terrorism (Community Protection) Act 2003, No. 7/2003

Assent Date:	15.4.03
Commencement Date:	S. 45 on 16.4.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Fair Trading (Amendment) Act 2003, No. 30/2003

Assent Date:	27.5.03
Commencement Date:	Ss 79, 80 on 9.10.03: Government Gazette 9.10.03 p. 2589
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Instruments (Enduring Powers of Attorney) Act 2003, No. 75/2003

Assent Date:	21.10.03
Commencement Date:	Ss 6, 7 on 1.4.04: Government Gazette 19.2.04 p. 333
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Monetary Units Act 2004, No. 10/2004

Assent Date:	11.5.04
Commencement Date:	S. 15(Sch. 1 item 34) on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Road Management Act 2004, No. 12/2004 (as amended by No. 39/2004)

Assent Date:	11.5.04
Commencement Date:	S. 167 on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Amendment) Act 2004, No. 53/2004

Assent Date:	31.8.04
Commencement Date:	31.8.04: s. 2
CurrentState:	All of Act in operation

Legal Profession Act 2004, No. 99/2004

Assent Date:	14.12.04
Commencement Date:	S. 8.1.3 on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 219) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005

Assent Date:	24.5.05
Commencement Date:	S. 9 on 28.4.06: Special Gazette (No. 119) 28.4.06 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 115) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Owner Drivers and Forestry Contractors Act 2005, No. 49/2005

Assent Date:	24.8.05
Commencement Date:	S. 67 on 1.12.06: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Working with Children Act 2005, No. 57/2005

Assent Date:	13.9.05
Commencement Date:	S. 52 on 3.4.06: Government Gazette 30.3.06 p. 615
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Pipelines Act 2005, No. 61/2005

Assent Date:	20.9.05
Commencement Date:	S. 223 on 1.4.07: Government Gazette 29.3.07 p. 532
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Property (Co-ownership) Act 2005, No. 71/2005

Assent Date:	25.10.05
Commencement Date:	S. 6 on 1.2.06: Government Gazette 19.1.06 p. 70
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Land Tax Act 2005, No. 88/2005

Assent Date:	29.11.05
Commencement Date:	S. 117(Sch. 2 item 11) on 1.1.06: s. 2
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 181 on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Workplace Rights Advocate Act 2005, No. 100/2005

Assent Date:	7.12.05
Commencement Date:	S. 15 on 1.3.06: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006

Assent Date:	11.4.06
Commencement Date:	Ss 21–27 on 12.4.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Aboriginal Heritage Act 2006, No. 16/2006

Assent Date:	9.5.06
Commencement Date:	S. 197 on 28.5.07: Government Gazette 24.5.07 p. 921
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Valuation of Land (Amendment) Act 2006, No. 22/2006

Assent Date:	9.5.06
Commencement Date:	S. 19 on 1.7.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Disability Act 2006, No. 23/2006 (as amended by No. 25/2007)

Assent Date:	16.5.06
Commencement Date:	S. 231 on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 44) on 1.7.07: Government Gazette 28.6.07 p. 1304
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Charter of Human Rights and Responsibilities Act 2006, No. 43/2006

Assent Date:	25.7.06
Commencement Date:	S. 47(Sch. item 8) on 1.1.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date:	15.8.06
Commencement Date:	S. 35 on 23.4.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Evidence (Document Unavailability) Act 2006, No. 53/2006

Assent Date:	15.8.06
Commencement Date:	S. 6 on 1.9.06: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 32) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Owners Corporations Act 2006, No. 69/2006

Assent Date:	19.9.06
Commencement Date:	Ss 223, 224(Sch. 3 item 11) on 31.12.07: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation (Further Amendment) Act 2006, No. 79/2006

Assent Date:	10.10.06
Commencement Date:	Ss 56–60 on 18.10.06: Special Gazette (No. 273) 17.10.06 p. 1
CurrentState:	This information relates only to the provisions amending the Victorian Civil and Administrative Tribunal Act 1998

Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007, No. 24/2007

Assent Date:	26.6.07
Commencement Date:	Ss 6, 7 on 27.6.07: s. 2
CurrentState:	This information relates only to the provisions amending the Victorian Civil and Administrative Tribunal Act 1998

Payroll Tax Act 2007, No. 26/2007

Assent Date:	26.6.07
Commencement Date:	S. 116 on 1.7.07: s. 2(1)
CurrentState:	This information relates only to the provisions amending the Victorian Civil and Administrative Tribunal Act 1998

Statute Law Revision Act 2007, No. 28/2007

Assent Date:	26.6.07
Commencement Date:	S. 3(Sch. item 70) on 27.6.07: s. 2(1)
CurrentState:	This information relates only to the provisions amending the Victorian Civil and Administrative Tribunal Act 1998

Motor Car Traders Amendment Act 2008, No. 4/2008

Assent Date:	4.3.08
Commencement Date:	S. 32(Sch. item 35) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Unclaimed Money Act 2008, No. 44/2008

Assent Date:	26.8.08
Commencement Date:	S. 105 on 1.1.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Public Health and Wellbeing Act 2008, No. 46/2008

Assent Date:	2.9.08
Commencement Date:	S. 267 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Family Violence Protection Act 2008, No. 52/2008

Assent Date:	23.9.08
Commencement Date:	Ss 268, 269 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1
CurrentState:	This information relates only to the provisions amending the Victorian Civil and Administrative Tribunal Act 1998

Local Government Amendment (Councillor Conduct and Other Matters) Act 2008, No. 67/2008

Assent Date:	18.11.08
Commencement Date:	S. 93 on 19.11.08: s. 2(1)
CurrentState:	This information relates only to the provisions amending the Victorian Civil and Administrative Tribunal Act 1998

Assisted Reproductive Treatment Act 2008, No. 76/2008

Assent Date:	11.12.08
Commencement Date:	S. 159 on 1.1.10: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Courts Legislation Amendment (Costs Court and Other Matters) Act 2008, No. 78/2008

Assent Date:	11.12.08
Commencement Date:	Ss 18–20 on 31.12.09: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008

Assent Date:	11.12.08
Commencement Date:	S. 13 on 11.12.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Resources Industry Legislation Amendment Act 2009, No. 6/2009

Assent Date:	3.3.09
Commencement Date:	S. 57 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Equal Opportunity Amendment (Governance) Act 2009, No. 14/2009

Assent Date:	7.4.09
Commencement Date:	S. 18 on 1.10.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Workplace Rights Advocate (Repeal) Act 2009, No. 21/2009

Assent Date:	10.6.09
Commencement Date:	S. 6 on 1.10.10: Government Gazette 30.9.10 p. 2286
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 131) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 57) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	S. 203(1)(Sch. 6 item 49) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Credit (Commonwealth Powers) Act 2010, No. 11/2010

Assent Date:	30.3.10
Commencement Date:	S. 59 on 1.6.15: Special Gazette (No. 122) 26.5.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 50 on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Equal Opportunity Act 2010, No. 16/2010 (as amended by No. 26/2011)

Assent Date:	27.4.10
Commencement Date:	Ss 205–208 on 1.8.11: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010

Assent Date:	1.6.10
Commencement Date:	S. 32 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

State Taxation Acts Amendment Act 2010, No. 36/2010

Assent Date:	15.6.10
Commencement Date:	S. 21 on 16.6.10: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Pharmacy Regulation Act 2010, No. 39/2010

Assent Date:	30.6.10
Commencement Date:	S. 131 on 24.8.10: Government Gazette 12.8.10 p. 1759
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Traditional Owner Settlement Act 2010, No. 62/2010

Assent Date:	21.9.10
Commencement Date:	S. 129 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010

Assent Date:	28.9.10
Commencement Date:	S. 80 on 1.1.11: Government Gazette 14.10.10 p. 2404
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation Further Amendment Act 2010, No. 64/2010

Assent Date:	28.9.10
Commencement Date:	S. 33 on 28.10.10: Government Gazette 21.10.10 p. 2530; s. 68 on 1.11.10: Government Gazette 21.10.10 p. 2530
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010

Assent Date:	19.10.10
Commencement Date:	S. 48(Sch. item 24) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010

Assent Date:	19.10.10
Commencement Date:	S. 37(Sch. item 5) on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, No. 6/2012

Assent Date:	6.3.12
Commencement Date:	S. 52 on 1.12.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 25) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 239(Sch. 6 item 46) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Disability Amendment Act 2012, No. 22/2012

Assent Date:	8.5.12
Commencement Date:	Ss 87, 88 on 1.7.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Health Professions Registration (Repeal) Act 2012, No. 27/2012

Assent Date:	29.5.12
Commencement Date:	S. 28 on 1.7.12: s. 2
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Working with Children Amendment Act 2012, No. 61/2012

Assent Date:	23.10.12
Commencement Date:	Ss 17, 18 on 31.12.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Local Government Legislation Amendment (Miscellaneous) Act 2012, No. 63/2012

Assent Date:	30.10.12
Commencement Date:	Ss 31, 32 on 31.10.12: s. 2(1)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012

Assent Date:	18.12.12
Commencement Date:	Ss 41–46 on 15.5.13: Special Gazette (No. 156) 23.4.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013

Assent Date:	26.2.13
Commencement Date:	Ss 69–77 on 27.2.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Company Titles (Home Units) Act 2013, No. 19/2013

Assent Date:	23.4.13
Commencement Date:	S. 20 on 1.10.13: Special Gazette (No. 337) 24.9.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013

Assent Date:	18.6.13
Commencement Date:	S. 35(Sch. 2 item 9) on 1.7.13: s. 2
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Open Courts Act 2013, No. 58/2013

Assent Date:	22.10.13
Commencement Date:	Ss 58–64 on 1.12.13: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013

Assent Date:	6.11.13
Commencement Date:	S. 80 on 1.1.14: Special Gazette (No. 431) 3.12.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 33) on 1.7.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Court Services Victoria Act 2014, No. 1/2014

Assent Date:	11.2.14
Commencement Date:	S. 76 on 1.7.14: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 105) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal Amendment Act 2014, No. 23/2014

Assent Date:	1.4.14
Commencement Date:	Ss 4–22 on 2.6.14: Special Gazette (No. 159) 27.5.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 177) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Vexatious Proceedings Act 2014, No. 42/2014

Assent Date:	17.6.14
Commencement Date:	S. 108 on 31.10.14: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Powers of Attorney Act 2014, No. 57/2014

Assent Date:	26.8.14
Commencement Date:	Ss 164, 165 on 1.9.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	Ss 138, 139 on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date:	9.9.14
Commencement Date:	Ss 25–45 on 10.9.14: s. 2(1); ss 46–52 on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 1; s. 23 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014, No. 66/2014

Assent Date:	9.9.14
Commencement Date:	Ss 44, 45 on 26.10.14: Special Gazette (No. 330) 23.9.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, No. 81/2014

Assent Date:	21.10.14
Commencement Date:	S. 5 on 1.9.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Local Government Amendment (Improved Governance) Act 2015, No. 53/2015

Assent Date:	27.10.15
Commencement Date:	S. 95 on 1.3.16: Special Gazette (No. 25) 23.2.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	Ss 17–20 on 6.4.16: Special Gazette (No. 86) 5.4.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	Ss 15–17 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Building Legislation Amendment (Consumer Protection) Act 2016, No. 15/2016

Assent Date:	19.4.16
Commencement Date:	S. 14(1) on 4.7.16: Special Gazette (No. 194) 21.6.16 p. 1; Ss 69, 70 on 1.9.16: Special Gazette (No. 261) 23.8.16 p. 1; ss 13, 14(2), 15 on 26.4.17: Special Gazette (No. 94) 27.3.17 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date:	19.4.16
Commencement Date:	S. 212 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	Ss 248–253 on 1.2.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

House Contracts Guarantee Repeal Act 2016, No. 37/2016

Assent Date:	28.6.16
Commencement Date:	S. 5 on 29.6.16: s. 2
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

National Domestic Violence Order Scheme Act 2016, No. 53/2016

Assent Date:	18.10.16
Commencement Date:	Ss 126, 127 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Medical Treatment Planning and Decisions Act 2016, No. 69/2016

Assent Date:	29.11.16
Commencement Date:	Ss 153−155 on 12.3.18: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Heritage Act 2017, No. 7/2017

Assent Date:	15.3.17
Commencement Date:	S. 308 on 1.11.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Small Business Commission Act 2017, No. 16/2017

Assent Date:	10.5.17
Commencement Date:	S. 29 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 19) on 1.9.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Building Amendment (Enforcement and Other Measures) Act 2017, No. 21/2017

Assent Date:	23.5.17
Commencement Date:	S. 109 on 1.7.19: s. 2(4)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Bail Amendment (Stage One) Act 2017, No. 26/2017

Assent Date:	27.6.17
Commencement Date:	S. 28 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	Ss 72, 73 on 30.8.17: s. 2(1); ss. 31, 32, 41, 42 on 1.5.18: s. 2(4)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

State Taxation Acts Further Amendment Act 2017, No. 67/2017

Assent Date:	19.12.17
Commencement Date:	S. 80 on 20.12.17: s. 2(4)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 132) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018

Assent Date:	29.5.18
Commencement Date:	Ss 59–63 on 7.12.18: Special Gazette (No. 497) 23.10.18 p. 1; ss 64−66, 72−76 on 1.7.19: s. 2(3); ss 67–71 on 1.7.20: s. 2(5)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date:	14.8.18
Commencement Date:	Ss 66–68 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Racing Amendment (Integrity and Disciplinary Structures) Act 2018, No. 37/2018

Assent Date:	21.8.18
Commencement Date:	S. 35 on 1.8.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Disability Service Safeguards Act 2018, No. 38/2018

Assent Date:	28.8.18
Commencement Date:	Ss 318, 319 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 59 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 11/2020, 25/2020)

Assent Date:	18.9.18
Commencement Date:	S. 378 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	Ss 207–220 on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	S. 273 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, No. 21/2019

Assent Date:	20.8.19
Commencement Date:	S. 21 on 6.12.19: Special Gazette (No. 496) 3.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019

Assent Date:	10.9.19
Commencement Date:	S. 53 on 1.6.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020, No. 1/2020

Assent Date:	11.2.20
Commencement Date:	S. 146 on 1.7.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 109) on 24.10.20: s. 2(3)(f)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date:	24.4.20
Commencement Date:	S. 45 on 25.4.20: s. 2
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:	20.10.20
Commencement Date:	S. 43 on 21.10.20: s. 2
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Worker Screening Act 2020, No. 34/2020

Assent Date:	4.11.20
Commencement Date:	S. 244 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020

Assent Date:	8.12.20
Commencement Date:	Ss 47, 48 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Consumer and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021

Assent Date:	9.2.21
Commencement Date:	S. 103 on 29.3.21: Special Gazette (No. 110) 10.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	Ss 57–62 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

State Taxation and Mental Health Acts Amendment Act 2021, No. 22/2021

Assent Date:	16.6.21
Commencement Date:	S. 24 on 1.7.21: s. 2(1)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021, No. 31/2021

Assent Date:	10.8.21
Commencement Date:	Ss 3−6 on 29.11.21: Special Gazette (No. 649) 23.11.21 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation Amendment Act 2022, No. 20/2022

Assent Date:	31.5.22
Commencement Date:	Ss 39, 40 on 1.6.22: s. 2(1)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022, No. 36/2022

Assent Date:	6.9.22
Commencement Date:	S. 80 on 1.6.23: s. 2(5)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Disability and Social Services Regulation Amendment Act 2023, No. 9/2023

Assent Date:	23.5.23
Commencement Date:	S. 262 on 1.7.24: s. 2(3)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Building Legislation Amendment Act 2023, No. 11/2023

Assent Date:	6.6.23
Commencement Date:	Ss 30, 54 on 1.2.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation Amendment Act 2023, No. 26/2023

Assent Date:	10.10.23
Commencement Date:	Ss 64–67 on 11.10.23: s. 2(1)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Justice Legislation Amendment (Police and Other Matters) Act 2024, No. 2/2024

Assent Date:	20.2.24
Commencement Date:	S. 60 on 21.2.24: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Aged Care Restrictive Practices Substitute Decision-maker Act 2024, No. 49/2024

Assent Date:	3.12.24
Commencement Date:	S. 24 on 1.7.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025

Assent Date:	18.3.25
Commencement Date:	Ss 174–189 on 23.6.25: Special Gazette (No. 308) 17.6.25 p. 1; ss 165–169 on 15.10.25: Special Gazette (No. 557) 14.10.25 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 34(6): Section 133 makes it an offence not to comply with the Tribunal's order that certain information not be published.

[2] S. 39(2): In particular, see Schedule 1 clauses 4, 16, 29, 53, 54, 90 and 97.

[3] S. 41: The Tribunal's original jurisdiction consists primarily of functions conferred on the Tribunal by enabling enactments for the Tribunal to make a first-instance decision. The jurisdiction includes original disciplinary jurisdiction, that is, the Tribunal's jurisdiction under various Acts to hold inquiries or otherwise hear disciplinary matters at first-instance.

[4] S. 49(5): However, sections 53 and 54 require the Tribunal not to disclose certain matter contained in material lodged with it under this section.

[5] S. 104(1): Section 134 creates an offence of failing to comply with a summons.

[6] S. 157(1): Rules made under this section are statutory rules for the purposes of the Subordinate Legislation Act 1994, No. 104/1994, (see paragraph (b) of the definition of statutory rule in section 3(1) of that Act).

[7] Sch. 1: The amendment to Schedule 1 proposed by Part 6 of the Federal Awards (Uniform System) Act 2003, No. 18/2003 (repealed) cannot be proclaimed as a proclamation was made bringing section 52 of that Act into operation on 17 December 2003. See section 2(3) of the Federal Awards (Uniform System) Act 2003, No. 18/2003 (repealed) and Special Gazette (No. 238), 17 December 2003, page 1.

[8] Sch. 1 Pt 13 cl. 46: Section 91 of the Land Acquisition and Compensation Act 1986, No. 121/1986, sets out the Tribunal's powers with respect to costs in proceedings under that Act.

[9] Sch. 1 Pt 15 cl. 51: Section 88(3) of the Mineral Resources (Sustainable Development) Act 1990, No. 92/1990, sets out the Tribunal's powers with respect to costs in proceedings under that Act.

[10] Sch. 1 Pt 20 cl. 92: Section 79 of the Transport Accident Act 1986, No. 111/1986, sets out the Tribunal's powers with respect to costs in proceedings under that Act.

[11] Sch. 1 Pt 21 cl. 99: Section 26 of the Valuation of Land Act 1960, No. 6653/1960, sets out the Tribunal's powers with respect to costs in proceedings under that Act.