Victorian Civil and Administrative Tribunal (Amendment No. 3) Rules 1999 (Vic)

Victorian Civil and Administrative Tribunal

(Amendment No. 3) Rules 1999

S.R. No. 80/1999

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	2
4.	Principal Rules	2
5.	Form of application	2

5.01.1	Freedom of Information Act 1982—application for
review may also contain application for order 2

6. Substitution of Rule 6.08 2

6.08	Conditions to which right to inspect proceeding file to be
subject 2

7.	Amendment to Schedule 1—allocation of functions	3
8.	Amendment to Schedule 2—Summons to Appear	4

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NOTES 5

i

STATUTORY RULES 1999

S.R. No. 80/1999

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal

(Amendment No. 3) Rules 1999

The Rules Committee established by section 150 of the makes the following Rules:

1. Object

The object of these Rules is to—

(a)	make provision for certain applications to the Tribunal under the Freedom of Information Act 1982 and the Fair Trading Act 1999;
(b)	lessen the conditions to which a right to inspect and copy a file in certain proceedings in the anti-discrimination list of the Tribunal is subject;
(c)

make miscellaneous amendments to the composition of Tribunal lists;

(d) make a minor amendment to the form of a summons to appear before the Tribunal.

2. Authorising provisions

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

Victorian Civil and Administrative Tribunal (Amendment No. 3)
Rules 1999

r. 3 S.R. No. 80/1999

3. Commencement

(1) These Rules (apart from Rules 5, 7(1)(b) and (d)

and 7(2)) come into operation on the day on which

they are made.

(2) Rules 5, 7(1)(b) and (d) and 7(2) (apart from

paragraphs (a), (c), (d) and (e)) come into

operation on 1 July 1999.

(3) Rules 7(2)(a), (c), (d) and (e) come into operation

on the day on which section 108 of the Fair

Trading Act 1999 comes into operation.

4. Principal Rules

In these Rules, the Victorian Civil and the Principal Rules.

5. Form of application

After Rule 5.01 of the Principal Rules insert—

"5.01.1 Freedom of Information Act 1982—

application for review may also contain

application for order

(1) An application for review of a decision

under the Freedom of Information Act
1982 may also contain an application for an
order under section 27D of that Act.

(2) An application referred to in paragraph (1) must be in Form 1 of Schedule 2 with any necessary modification.".

6. Substitution of Rule 6.08

For Rule 6.08 of the Principal Rules substitute—

"6.08 Conditions to which right to inspect

proceeding file to be subject

For the purposes of section 146(4)(a) of the
Act, the right conferred on a person (other

Victorian Civil and Administrative Tribunal (Amendment No. 3)
Rules 1999

S.R. No. 80/1999 r. 7

than a party) by section 146(3) of the Act to inspect and copy a file in a proceeding under section 109, 121, 124 or 131 of the Equal

Opportunity Act 1995 is subject to the condition that the person may only inspect and copy the file after the complaint to which the proceeding relates has been referred to the Tribunal.".

7. Amendment to Schedule 1—allocation of functions

(1) In Schedule 1 to the Principal Rules, in Part 1—

(a) after clause 2(h) insert—

"(ha) Pipelines Act 1967 section 22B (objections to

compulsory acquisition of native title rights and

interests);";

(b) after clause 3(e) insert—

"(ea) Chiropractors Registration Act 1996;";

(c)	in clause 3(f), after "credit providers)" insert "and section 37I(1) (permission, including conditions, to a disqualified person to engage or be involved in finance broking)";
(d)	after clause 3(p) insert—

"(pa) Liquor Control Reform Act 1998;";

(e) after clause 3(zb) insert—

"(zba) Private Agents Act 1966;".

(2) In Schedule 1 to the Principal Rules, in Part 2—

(a) before clause 2(a) insert—

"(aa) Fair Trading Act 1999;";

(b)	in clause 3(d), after "Part 4" insert "and section 37I(1)";
(c)	after clause 4(b) insert—

"(ba) Fair Trading Act 1999;";

(d) after clause 6(a) insert—
Victorian Civil and Administrative Tribunal (Amendment No. 3)
Rules 1999

r. 8 S.R. No. 80/1999

"(ab) Fair Trading Act 1999;";

(e) in clause 8, for—

"Retail Tenancies Reform Act 1998."

substitute—

"(a) Fair Trading Act 1999;
(b) Retail Tenancies Reform Act 1998.".

8. Amendment to Schedule 2—Summons to Appear

In Schedule 2 to the Principal Rules, in Form 4, for—

*Delete where inapplicable."

substitute—
"This summons has been issued at the—
* request of the complainant;
* request of the respondent;
* direction of the principal registrar;

* direction of the Tribunal.

*Delete where inapplicable.".

Dated: 29 June 1999

MURRAY B. KELLAM, President
TIM WOOD, Vice-President
JANE MONK, Member

PETER SALLMAN, Member

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Victorian Civil and Administrative Tribunal (Amendment No. 3)
Rules 1999

S.R. No. 80/1999 Notes

NOTES

1 Rule 4: S.R. No. 87/1998 as amended by S.R. Nos 93/1998 and 24/1999.