Victorian Civil and Administrative Tribunal (Amendment No. 5) Rules 2000 (Vic)

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Victorian Civil and Administrative Tribunal

(Amendment No. 5) Rules 2000

S.R. No. 33/2000

TABLE OF PROVISIONS

Rule Page
1. Object 1
2. Authorising provisions 1
3. Principal Rules 1
4. New Rule 4.05.1 inserted 1
4.05.1 Lodgement of other documents by facsimile 1
5. Substitution of Rule 4.16 2
4.16 Authentication of order 2
6. Service prior to lodgement 2
7. Documents to be included with certain applications 2
8. Amendment to Schedule 1—allocation of functions 3

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NOTES 4

i

STATUTORY RULES 2000

S.R. No. 33/2000

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal

(Amendment No. 5) Rules 2000

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

1. Object

The object of these Rules is to make miscellaneous amendments to the Principal Rules.

2. Authorising provisions

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

3. Principal Rules

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

4. New Rule 4.05.1 inserted

After Rule 4.05 of the Principal Rules insert—

"4.05.1 Lodgement of other documents by facsimile

(1) A party to an application or referral, or a
person seeking to have a fee waived or
reduced under section 132(1) of the Act, may
by facsimile to the principal registrar, lodge
with the Tribunal any document relevant to

Victorian Civil and Administrative Tribunal (Amendment No. 5)
Rules 2000

r. 5 S.R. No. 33/2000

the application, referral or the seeking of a

reduction or waiver of a fee.

(2) The principal registrar may refuse to accept
any document if he or she considers the
document is illegible.

(3) The original of any document lodged with the Tribunal in accordance with this Rule must be retained by or on behalf of the party

on whose behalf it was lodged and provided to the Tribunal at the request of the principal registrar.".

5. Substitution of Rule 4.16

For Rule 4.16 of the Principal Rules substitute—

"4.16 Authentication of order

An order of the Tribunal is authenticated in accordance with section 116(1)(b) of the Act by—

(a)

being signed by a member of the Tribunal or the principal registrar and having the seal of the Tribunal affixed; or

(b)

if the order is entered into a computerised data storage or retrieval system, by a member of the Tribunal or the principal registrar entering confirmation of the order into that system.".

6. Service prior to lodgement

In Rule 6.37.1 of the Principal Rules, for "214" substitute "241".

7. Documents to be included with certain applications

Victorian Civil and Administrative Tribunal (Amendment No. 5)
Rules 2000

S.R. No. 33/2000

In Rule 6.39(9) of the Principal Rules—

(a) for "452" substitute "452(5) or (6)";

(b)

in paragraph (a), for "tenancy right" substitute "residency right".

8. Amendment to Schedule 1—allocation of functions

In Schedule 1 to the Principal Rules, in Part 1, after clause 3(z) insert—

"(zaa) Physiotherapists Registration Act 1998;".

Dated: 23 May 2000

MURRAY B. KELLAM, President
FRED DAVEY, Vice-President
TIM WOOD, Vice-President

JANE MONK, Member

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Victorian Civil and Administrative Tribunal (Amendment No. 5)
Rules 2000

Notes S.R. No. 33/2000

NOTES

1 Rule 3: S.R. No. 87/1998. Reprint No. 1 to S.R. No. 80/1999 as at

1 September 1999. Further amended by S.R. No. 115/1999.

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