Victorian Civil and Administrative Tribunal Amendment Rules 2019 (Vic)

Victorian Civil and Administrative Tribunal Amendment Rules 2019

S.R. No. 18/2019

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Definitions

6Entry of proceeding in list

7Principal registrar may allocate proceedings to and transfer proceedings from lists

8New Rule 4.29A inserted

9Delegation of functions by principal registrar under section 32A of the Act

10Planning and Environment List

11Review and Regulation List

12Building and Property List

13Human Rights List

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Endnotes

STATUTORY RULES 2019

S.R. No. 18/2019

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal Amendment Rules 2019

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 amend the Victorian Civil and Administrative Tribunal Rules 2018—

(a)to provide that a Deputy Head of a list may order the transfer of a proceeding from that list to another list;

(b)to provide that a Deputy Head of a list may consent to the transfer of a proceeding between lists;

(c)to specify a condition on rights conferred by section 144(4) of the Act;

(d)to specify a function that the principal registrar may delegate under section 32A of the Act;

(e)to amend the functions of the planning and environment list, the review and regulation list, the building and property list and the human rights list of the Tribunal;

(f)to make other minor amendments.

2Authorising provisions

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 22 March 2019.

4Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 2018[1] are called the Principal Rules.

5Definitions

(1)In Rule 1.05 of the Principal Rules, in the definition of the Act, for "1998." substitute "1998;".

(2)In Rule 1.05 of the Principal Rules insert the following definition—

"the register means the register of proceedings kept by the principal registrar under section 144(1) of the Act;".

6Entry of proceeding in list

(1)For Rule 2.07(3) of the Principal Rules substitute—

"(3)Any of the following may request the transfer of a proceeding from a list in which the proceeding is entered to another list—

(a)a party to the proceeding;

(b)the principal registrar;

(c)a member.

(3A)A request under subrule (3) must be addressed to—

(a)the member in charge of a list in which the proceeding is entered; or

(b)the Deputy Head of a list in which the proceeding is entered.

(3B)On a request under subrule (3), any of the following who may also be the member referred to in subrule (3)(c) may order the transfer of the proceeding from that list to another list—

(a)the member in charge of the list in which the proceeding is entered;

(b)in the absence of that member in charge of a list, a member assigned to the list nominated by that member in charge of a list for the purposes of this subrule;

(c)the Deputy Head of a list in which the proceeding is entered.".

(2)In Rule 2.07(4) of the Principal Rules—

(a)for "(3)" substitute "(3B)";

(b)in paragraph (b), for "subrule." substitute "subrule; or".

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

"(c)the Deputy Head of the list to which the proceeding is to be transferred.".

(4)In Rule 2.07(5) of the Principal Rules—

(a)for "(3)" substitute "(3B)";

(b)in paragraph (b), for "or member who makes the order" substitute ", Deputy Head of a list or member who makes the order (as the case requires)".

7Principal registrar may allocate proceedings to and transfer proceedings from lists

For Rule 2.08(2)(b) of the Principal Rules substitute—

"(b)the member in charge of the list to which the proceeding would have been entered if Schedule 1 applied and the member in charge of the list to which the proceeding is to be entered or transferred or the Deputy Head of the list to which the proceeding is to be entered or transferred; or

(c)the Deputy Head of the list to which the proceeding would have been entered if Schedule 1 applied and the member in charge of the list to which the proceeding is to be entered or transferred or the Deputy Head of the list to which the proceeding is to be entered or transferred.".

8New Rule 4.29A inserted

After Rule 4.29 of the Principal Rules insert—

"4.29A   Condition for inspection of the register of proceedings by a person not party to a proceeding

(1)For the purposes of section 144(5)(a) of the Act, it is a condition for a person who is not a party to a proceeding to provide the specified information in order to—

(a)inspect that part of the register that relates to the proceeding; or

(b)obtain a copy of that part of the register that relates to the proceeding.

(2)For the purposes of subrule (1), the specified information is—

(a)the name of a party to the proceeding; or

(b)the proceeding number; or

(c)if the proceeding relates to land, an address for the land.".

9Delegation of functions by principal registrar under section 32A of the Act

After Rule 10.02(2) of the Principal Rules insert—

"(3)For the purposes of section 32A of the Act, the principal registrar may delegate the function of the principal registrar to authenticate an order of the Tribunal in accordance with section 116(1)(b) of the Act by affixation of the seal of the Tribunal specified in Rule 4.22(c).".

10Planning and Environment List

In clause 2(1) of Schedule 1 to the Principal Rules, after item 2.6 insert—

"2.6AEnvironment Protection Act 2017;".

11Review and Regulation List

(1)In clause 3(1) of Schedule 1 to the Principal Rules, in item 3.10, after "186" insert "and 187ZI(1), (2) and (3)".

(2)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.17 insert—

"3.17ACommercial Passenger Vehicle Industry Act 2017;".

(3)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.23 insert—

"3.23ADisability Service Safeguards Act 2018;".

(4)In clause 3(1) of Schedule 1 to the Principal Rules, in item 3.35 omit "section 182 (decisions of Firearms Appeals Committee)".

(5)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.43 insert—

"3.43ALabour Hire Licensing Act 2018;".

(6)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.47 insert—

"3.47ALong Service Benefits Portability Act 2018;".

(7)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.75 insert—

"3.75AService Victoria Act 2018;".

(8)In clause 3(1) of Schedule 1 to the Principal Rules, for item 3.77 substitute—

"3.77Small Business Commission Act 2017;".

12Building and Property List

In clause 5(1) of Schedule 1 to the Principal Rules, in item 5.2, after "186" insert "and 187ZI(1), (2) and (3)".

13Human Rights List

(1)In clause 8(1) of Schedule 1 to the Principal Rules, in item 8.11, for "2014." substitute "2014;".

(2)In clause 8(1) of Schedule 1 to the Principal Rules, after item 8.11 insert—

"8.12Voluntary Assisted Dying Act 2017.".

Dated:    20 March 2019

FELICITY HAMPEL, Vice President

MARK DWYER, Deputy President

MARGARET BAIRD, Senior Member

BILL SIBONIS, Member

CRAIG LYNCH, Attorney-General's Nominee

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Endnotes

[1] Rule 4: S.R. No. 77/2018 as amended by S.R. No. 187/2018.