Victorian Civil and Administrative Tribunal Amendment (Electronic Service and Other Matters) Rules 2019 (Vic)

Victorian Civil and Administrative Tribunal Amendment (Electronic Service and Other Matters) Rules 2019

S.R. No. 145/2019

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Address for service of documents

6Condition for inspection of the register of proceedings by a person not party to a proceeding

7Application of these Rules to this List

8Applications

9Application of Part

10Mode of service

11Service before lodgement

12Accompanying documents for electronic lodgement

13Applications

14Documents required to be included with certain applications

15Particulars to be provided with certain applications

16Documents and particulars required for certain applications

17New Rule 8.12A inserted

18New Form 7 in Schedule 2 inserted

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Endnotes

STATUTORY RULES 2019

S.R. No. 145/2019

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal Amendment (Electronic Service and Other Matters) Rules 2019

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

1Object

The object of these Rules is to amend the Victorian Civil and Administrative Tribunal Rules 2018—

(a)to provide that an applicant may provide an electronic address for service of another party in certain circumstances; and

(b)to make a minor amendment to the conditions for inspection of the register of proceedings by a person who is not a party to a proceeding; and

(c)to apply certain general service provisions to the civil claims list and the residential tenancies list; and

(d)to make a minor amendment to a service provision in relation to the residential tenancies list; and

(e)to update references to "VCAT Online" to "RT Hub"; and

(f)to make amendments as a consequence of the enactment of the Disability Service Safeguards Act 2018; and

(g)to make consequential and other amendments.

2Authorising provisions

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

3Commencement

These Rules come into operation on 13 December 2019.

4Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 2018[1] are called the Principal Rules.

5Address for service of documents

(1)In Rule 4.10(3) of the Principal Rules, after "communication" insert "by that applicant or other party".

(2)After Rule 4.10(3) of the Principal Rules insert—

"(3A)An applicant, when making an application or referral, may provide an electronic address of a person or company, being an electronic address from which the person or company has communicated with the applicant in relation to the matter.

(3B)An electronic address provided by an applicant in accordance with subrule (3A) is taken to be an electronic address provided by another party for the purposes of subrule (3), until the other party provides an electronic address to the Tribunal.".

6Condition for inspection of the register of proceedings by a person not party to a proceeding

In Rule 4.29A(2)(a) of the Principal Rules, for "a party" substitute "the parties".

7Application of these Rules to this List

In Rule 6.01(2) of the Principal Rules, for "4.03, 4.09 and 4.10" substitute "4.03 and 4.09".

8Applications

For Rule 6.02(2) of the Principal Rules substitute—

"(2)In addition to subrule (1), an application in the civil claims list may include an electronic address for service with respect to the respondents and any other parties the applicant claims have an interest in the matter.

Note

See also rule 4.10.".

9Application of Part

In Rule 8.02(2) of the Principal Rules omit "4.10,".

10Mode of service

In Rule 8.03 of the Principal Rules—

(a)for "277 or 301" substitute "277, 301 or 498ZWA";

(b)for "room or caravan" substitute "room, caravan or SDA enrolled dwelling".

11Service before lodgement

In Rule 8.04(1) of the Principal Rules, for "4.08," substitute "4.09,".

12Accompanying documents for electronic lodgement

(1)In Rule 8.05(1) of the Principal Rules, for "VCAT Online," substitute "RT Hub,".

(2)In Rule 8.05(1)(a) of the Principal Rules, for "VCAT Online;" substitute "RT Hub;".

13Applications

For Rule 8.06(2) of the Principal Rules substitute—

"(2)In addition to subrule (1), an application may include an electronic address for service with respect to the respondent, any other party who the applicant claims ought to be joined as a party, and any agent acting for the applicant, respondent or other party.

Note

See also rule 4.10.".

14Documents required to be included with certain applications

(1)In Rule 8.07(1) of the Principal Rules—

(a)for "103(1) or 154(1)" substitute "103(1), 154(1) or 498ZH(1)";

(b)for "102 or 153" substitute "102, 153 or 498ZG".

(2)In Rule 8.07(2) of the Principal Rules—

(a)for "132(1) or 191(1)" substitute "132(1), 191(1) or 498R(1)";

(b)for "131 or 190" substitute "131, 190 or 498Q".

(3)In Rule 8.07(4) of the Principal Rules, for "landlord" substitute "landlord, rooming house owner, caravan park owner, caravan owner or SDA provider".

(4)In Rule 8.07(6) of the Principal Rules—

(a)after "209" insert "or 498ZQ";

(b)after "208" insert "or 498ZP".

(5)In Rule 8.07(7) of the Principal Rules—

(a)for "323 or 324" substitute "323, 324 or 498ZZE";

(b)for "282 or 307" substitute "282, 307 or 498ZX(1)(l)".

(6)In Rule 8.07(8) of the Principal Rules, after "Part 7" insert "or Division 11 of Part 12A".

(7)After Rule 8.07(15) of the Principal Rules insert—

"(15A)An application under section 498ZZF of the Residential Tenancies Act 1997 (possession order for an SDA enrolled dwelling) must be accompanied by a copy of any court order which shows the mortgagee's entitlement to possession and to exercise a power of sale.

(15B)An application under section 123 of the Supported Residential Services (Private Proprietors) Act 2010 (order to vacate) must be accompanied by a copy of the notice to vacate or notice of intention to vacate (as the case requires) in respect of the supported residential service.

(15C)An application under section 82 or 83 of the Disability Act 2006 (notice to vacate and possession order) must be accompanied by a copy of the notice to vacate or notice of intention to vacate (as the case requires) in respect of the group home.".

15Particulars to be provided with certain applications

(1)In Rule 8.08(1)(a) of the Principal Rules—

(a)for "323 or 324" substitute "323, 324 or 498ZZE";

(b)for "303 or 304" substitute "303, 304 or 498ZX(1)(b), (c) or (f)".

(2)In Rule 8.08(1)(b) of the Principal Rules, for "right." substitute "right; or".

(3)After Rule 8.08(1)(b) of the Principal Rules insert—

"(c)an application under section 123 of the Supported Residential Services (Private Proprietors) Act 2010 arising out of a notice to vacate under section 110, 116 or 117 of that Act; or

(d)an application under section 83 of the Disability Act 2006 arising out of a notice to vacate under section 76(1)(a), (b) or (e) of that Act.".

(4)In Rule 8.08(2) of the Principal Rules—

(a)for "323 or 324" substitute "323, 324 or 498ZZE";

(b)for "282 or 307" substitute "282, 307 or 498ZX(1)(l)".

(5)In Rule 8.08(4) of the Principal Rules—

(a)for "323 or 324" substitute "323, 324 or 498ZZE";

(b)for "284 or 309" substitute "284, 309 or 498ZX(1)(g)".

(6)After Rule 8.08(4) of the Principal Rules insert—

"(4A)An application under section 123 of the Supported Residential Services (Private Proprietors) Act 2010 arising out of a notice to vacate under section 112 of that Act must specify—

(a)the illegal purpose alleged; and

(b)the acts, facts, matters and circumstances, including relevant dates, being relied on to establish that the supported residential service was used for an illegal purpose.

(4B)An application under section 83 of the Disability Act 2006 arising out of a notice to vacate under section 76(1)(f) of that Act must specify—

(a)the illegal purpose alleged; and

(b)the acts, facts, matters and circumstances, including relevant dates, being relied on to establish that the premises were used for an illegal purpose.".

(7)In Rule 8.08(9) of the Principal Rules, for "452(5) or (6)" substitute "452(5), (6) or (6A)".

16Documents and particulars required for certain applications

(1)In Rule 8.10(3) of the Principal Rules, after "made" insert "by a rooming house owner, caravan park owner, or caravan owner".

(2)In Rule 8.10(3)(a) of the Principal Rules, for "room, site or caravan" substitute "room or rooming house, site, or caravan or caravan park".

17New Rule 8.12A inserted

After Rule 8.12 of the Principal Rules insert—

"8.12A   Warrant of possession—SDA enrolled dwelling

For the purposes of section 498ZZR(1)(a) of the Residential Tenancies Act 1997, a warrant of possession is in the prescribed form if it is in Form 7 in Schedule 2.".

18New Form 7 in Schedule 2 inserted

After Form 6 in Schedule 2 of the Principal Rules insert—

"Form 7—Warrant of possession—SDA enrolled dwelling

Victorian Civil and Administrative Tribunal Rules 2018

Rule 8.12A

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

Registry ref:

RESIDENTIAL TENANCIES LIST

Name of Applicant(s)—

Name of Respondent—

WARRANT OF POSSESSION—SDA ENROLLED DWELLING

TO:

*OFFICER IN CHARGE, POLICE STATION at [place], or

*[Name of authorised person]

TAKE NOTICE that on [date] the Victorian Civil and Administrative Tribunal ordered that the SDA resident vacate the SDA enrolled dwelling at—

[insert details]

AND that a warrant of possession issue.

YOU are authorised, within [insert number of days, not to exceed 30] days of the day on which this warrant was issued—

(a)to enter the area or room and SDA enrolled dwelling, by force if necessary; and

(b)with such assistance as is necessary, to compel all persons for the time being occupying the area or room to vacate the area or room and the SDA enrolled dwelling and give possession of them to the applicant.

NOTES

1.Section 498ZZR(3) of the Residential Tenancies Act 1997 provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods from an SDA enrolled dwelling.

2.Section 498ZZR(4) of the Residential Tenancies Act 1997 provides that entry under a warrant of possession must not be made—

(a)between the hours of 6 p.m. and 8 a.m.; or

(b)on a Sunday or public holiday.

Date of issue—[date]

[Signed]

Principal Registrar

*delete if inapplicable".

Dated:    12 December 2019

MICHELLE QUIGLEY, President

FRANCES MILLANE, Vice President

MARGARET BAIRD, Senior Member

BILL SIBONIS, Senior Member

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Endnotes

[1] Rule 4: S.R. No. 77/2018 as amended by S.R. Nos 187/2018, 18/2019 and 58/2019.