Victorian Civil and Administrative Tribunal (Amendment No. 9) Rules 2001 (Vic)

Victorian Civil and Administrative Tribunal

(Amendment No. 9) Rules 2001

S.R. No. 175/2001

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Establishment of human rights division	2
6.	Lists—amendment, re-location and establishment	2
7.	Amendments consequent to establishment of planning and
environment list	2
8.	Amendments to Schedule 1—allocation of functions	3

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ENDNOTES 5

i

STATUTORY RULES 2001

S.R. No. 175/2001

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal

(Amendment No. 9) Rules 2001

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

1. Object

The object of these Rules is to establish a human rights division of the Tribunal and to make miscellaneous amendments to the Principal Rules concerning lists and the allocation of enactments to lists.

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. Commencement

These Rules come into operation on 1 January

2002.

4. Principal Rules

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

Victorian Civil and Administrative Tribunal (Amendment No. 9)
Rules 2001

S.R. No. 175/2001 r. 5

5. Establishment of human rights division

In Rule 2.01(2) of the Principal Rules for—
"(b) civil division."
substitute—

"(b) civil division;

(c) human rights division.".

6. Lists—amendment, re-location and establishment

(1) In Rule 2.03(2) of the Principal Rules, for

paragraph (d), substitute—

"(d) planning and environment list;".

(2) In Rule 2.03(3) of the Principal Rules, paragraphs

(a) and (e) are revoked.

(3) After Rule 2.03(3) of the Principal Rules insert—

"(3A) The following lists of the human rights

division are established—

(a) anti-discrimination list;
(b) guardianship list.".

7.  Amendments consequent to establishment of planning and environment list

(1) In Rule 4.05(3) of the Principal Rules for

"planning list" substitute "planning and

environment list";

(2) In Order 5 of the Principal Rules for the heading

to Part 4 substitute—

"PART 4—PLANNING AND ENVIRONMENT

LIST".

Victorian Civil and Administrative Tribunal (Amendment No. 9)
Rules 2001

r. 8 S.R. No. 175/2001

(3) In Part 1 of Schedule 1 to the Principal Rules—

(a) for "4. Planning List" substitute—

"4. Planning and Environment List";

(b) in clause 4 for "the planning list" substitute "the planning and environment list";

8. Amendments to Schedule 1—allocation of functions

In Schedule 1 to the Principal Rules—

(a) in Part 1, after clause 3(ze) insert—

"(zea) Racing Act 1958;";

(b) in Part 2, clauses 1 and 5 are revoked;

(c) in Part 2, in clause 7, for—

"Residential Tenancies Act 1997."

substitute—

"(a) Fair Trading Act 1999;
(b) Landlord and Tenant Act 1958;
(c) Residential Tenancies Act 1997.".

(d) after Part 2 insert—

"PART 3—HUMAN RIGHTS DIVISION

1. Anti-discrimination List

The functions of the Tribunal under the
following enabling enactment are allocated to the
anti-discrimination list of the human rights

division—

Equal Opportunity Act 1995.

2. Guardianship List

The functions of the Tribunal under the following enabling enactments are allocated to the guardianship list of the human rights division—

(a) Guardianship and Administration Act
1986;

Victorian Civil and Administrative Tribunal (Amendment No. 9)
Rules 2001

r. 8

S. R. No. 175/2001

(b) Instruments Act 1958 section 118;

(c)	Medical Treatment Act 1988 section 5C (enduring powers of attorney);
(d)	Mental Health Act 1986 section 86 (decisions for major medical procedures)

(e) Trustee Companies Act 1984.".

Dated: 18 December 2001

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

JANE MONK, Member

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Victorian Civil and Administrative Tribunal (Amendment No. 9)
Rules 2001

Endnotes S.R. No. 175/2001

ENDNOTES

1 Rule 4: S.R. No. 87/1998. Reprint (No. 2) incorporating amendments as at

23 May 2000. Subsequently amended by S.R. Nos 108/2000, 24/2001
and 97/2001.