Victorian Civil and Administrative Tribunal (Amendment No. 8) Rules 2001 (Vic)

Victorian Civil and Administrative Tribunal

(Amendment No. 8) Rules 2001

S.R. No. 97/2001

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Notifications	1
5.	Inspection of proceedings file	3
6.	Transfers of classes of proceeding—correction of reference	3
7.	Statute law revision—allocation of functions	3

═══════════════

ENDNOTES 5

i

STATUTORY RULES 2001

S.R. No. 97/2001

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal

(Amendment No. 8) Rules 2001

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 Part 3 of Order 6 of the Principal Rules to facilitate the operation of the credit list of 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.

3. Principal Rules

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

4. Notifications

(1) In Rule 6.15(1) of the Principal Rules for "give

written notice of the referral or application to the
Secretary to the Department of Justice, the
applicant and any party affected" substitute
", within 7 days after the referral or application is
lodged with the principal registrar or with a
registrar of the Magistrates' Court, give written
notice of the referral or application to the

Victorian Civil and Administrative Tribunal (Amendment No. 8)
Rules 2001

r. 4 S.R. No. 97/2001

Secretary to the Department of Justice, the applicant and any person by or against whom the claim is made".

(2) In Rule 6.15(2) of the Principal Rules for "the

Credit Act 1984 must be in writing and contain the names and addresses of each applicant and each respondent and set out the claim made" substitute "an enactment allocated to the credit list must be in writing and contain the names and addresses of each applicant and each respondent and state the provision of the enactment under which the application is made".

(3) After Rule 6.15(3) of the Principal Rules insert—

"(3A) a referral of an application to the Tribunal under sections 74(3), 116(4) and 139(4) of the Credit Act 1984 must be in writing and

must, unless the information is already

included in the application, set out—

(a)	the names and addresses of each applicant and each respondent;
(b)	the provision of that Act under which the referral is made;

(c) the nature of the claim.

(3B) Rule 4.04 does not apply to a referral

referred to in sub-rule (3A).".

(4) For Rule 6.15(4) of the Principal Rules

substitute—

"(4) For the purposes of section 72(1) of the

Act—

(a)

the time within which an applicant must referral in a proceeding entered in the credit list is 14 days after the application or referral is lodged with

Victorian Civil and Administrative Tribunal (Amendment No. 8)
Rules 2001

S.R. No. 97/2001	r. 5
the principal registrar or a registrar of the Magistrates' Court; and

(b)	the Secretary to the Department of Justice is entitled to a notice of an application under section 85, 85B or 86
of the Credit Act 1984 or Division 1 of Part 6 of the Consumer Credit (Victoria) Code.".

5. Inspection of proceedings file

(1) In Rule 6.17(1) of the Principal Rules for "that

does not directly relate to a party" substitute—

"if a member of the Tribunal is satisfied

that—

(a)	the material does not directly relate to that party; and
(b)

access to the material would involve affairs of a person.".

(2) In Rule 6.17(2) of the Principal Rules for "of a personal nature on that file except to the extent authorised by the Tribunal" substitute "if a

member of the Tribunal is satisfied that access to
the material would involve unreasonable
disclosure of the personal affairs of a person.".

6.  Transfers of classes of proceeding—correction of reference

In Rule 6.18(b) of the Principal Rules for
"Consumer Credit (Victoria) Act 1995"

substitute "Consumer Credit (Victoria) Code".

7. Statute law revision—allocation of functions

Victorian Civil and Administrative Tribunal (Amendment No. 8)
Rules 2001

r. 7 S.R. No. 97/2001

In Schedule 1 to the Principal Rules, in Part 2, in item 3(a), omit "and 26 (compensation in relation to registrable goods)".

Dated: 2 October 2001

MURRAY B. KELLAM, President
JAMES T. DUGGAN, Vice-President
M. J. STRONG, Vice-President

JANE MONK, Member

═══════════════

Victorian Civil and Administrative Tribunal (Amendment No. 8)
Rules 2001

Endnotes

S. R. No. 97/2001

ENDNOTES

1 Rule 4: S.R. No. 87/1998. Reprinted (No. 2) incorporating amendments to

S.R. No. 33/2000. Subsequently amended by S.R. Nos 108/2000 and
24/2001.