Victorian Civil and Administrative Tribunal (Amendment No. 5) Rules 2013 (Vic)

Victorian Civil and Administrative Tribunal (Amendment No. 5) Rules 2013

S.R. No. 38/2013

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provision

3Commencement

4Principal Rules

5Rule 2.04A substituted

2.04ADeputy List Heads

2.04BAssignment to cover short term absences

6Assignment of members

7Authentication of order

8Rule 5.07 revoked

9Part 3 of Schedule 1—Guardianship List

10Part 3 of Schedule 1—Human Rights List

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 38/2013

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Amendment No. 5) Rules 2013

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 make various miscellaneous amendments to the Victorian Civil and Administrative Tribunal Rules 2008.

2Authorising provision

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 15 April 2013.

4Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 2008[1] are called the Principal Rules.

5Rule 2.04A substituted

For Rule 2.04A of the Principal Rules substitute—

2.04ADeputy List Heads"

(1)The President may nominate any member to be Deputy Head of a list.

(2)The President may only nominate under subrule (1) a member who, in the opinion of the President, has special knowledge of the law in relation to a class of matters in respect of which functions may be exercised in the list.

2.04BAssignment to cover short term absences

(1)The President may assign a presidential member or a senior member to be a member in charge of a list if the person who is ordinarily the member in charge of a list is, for a short term not exceeding 3 months—

(a)absent; or

(b)for any other reason, unable to perform the duties of a member in charge of a list.

(2)An assignment under subrule (1) cannot exceed 3 months.

(3)A presidential member or a senior member assigned as a member in charge of a list under subrule (1) has all the powers and may perform all the duties of the member in charge of the list for whom he or she is acting.

(4)The President may at any time terminate an assignment under this rule.".

6Assignment of members

After Rule 2.07(4) of the Principal Rules insert—

"(5)An assignment under this rule continues to operate until—

(a)the President revokes the assignment under subrule (7); or

(b)the member ceases to be a member of the Tribunal.

(6)A member who is promoted under section 16A of the Act or appointed or re‑appointed in an acting capacity under Division 3 of Part 2 of the Act does not need to be re-assigned under subrule (1).

(7)The President may revoke an assignment to one or more lists made under this rule at any time.".

7Authentication of order

(1)After Rule 4.17(a) of the Principal Rules insert—

"(ab)affixation of a member's electronic signature by or on behalf of the principal registrar, if so authorised by a member, and having the seal of the Tribunal electronically affixed; or".

(2)In Rule 4.17(b) of the Principal Rules omit "by".

8Rule 5.07 revoked

Rule 5.07 of the Principal Rules is revoked.

9Part 3 of Schedule 1—Guardianship List

In Schedule 1 to the Principal Rules, item 14.1 is revoked.

10Part 3 of Schedule 1—Human Rights List

In Schedule 1 to the Principal Rules, for item 15.2, substitute—

"15.2Disability Act 2006 section 50 (decision as to disability), Part 5 Division 3, Part 7, Part 8 Divisions 1, 3 and 5;".

Dated:    11 April 2013

GREGORY GARDE, President

PAMELA JENKINS, Vice President

M. F. MACNAMARA, Vice President

MARK DWYER, Deputy President

BILL SIBONIS, Member

MARGARET BAIRD, Member

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ENDNOTES

[1] Rule 4:  S.R. No. 65/2008.  Reprint No. 1 as at 1 April 2012.  Reprinted to S.R. No. 1/2012 and subsequently amended by S.R. Nos 16/2013 and 17/2013.