Victorian Civil and Administrative Tribunal (Fees) Regulations 2016 (Vic)

Version No. 007

Victorian Civil and Administrative Tribunal (Fees) Regulations 2016

S.R. No. 75/2016

Version incorporating amendments as at

31 March 2021

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

6Complex case

7Major case

8Fees

9Proceeding commenced under more than one enactment

10Time for payment of hearing fee

11Inspection of register of proceedings

12Principal registrar's certificate

13Inspection of proceeding files

14Fee for issue of a witness summons

15Reduction, waiver, postponement, remission or refund of fees

16Transitional provisions—proceedings commenced before 1 July 2016

17Transitional provision—proceedings in the Major Cases List commenced before 1 July 2020

Schedule 1—Fees

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 007

Victorian Civil and Administrative Tribunal (Fees) Regulations 2016

S.R. No. 75/2016

Version incorporating amendments as at

31 March 2021

1Objectives

The objectives of these Regulations are to prescribe—

(a)fees payable for the commencement and hearing of proceedings in the Victorian Civil and Administrative Tribunal; and

(b)fees payable for—

(i)the issuing of warrants and witness summonses; and

(ii)inspection of the register; and

(iii)the provision of ancillary services by the Victorian Civil and Administrative Tribunal; and

(c)other matters relating to fees payable under the Victorian Civil and Administrative Tribunal Act 1998.

2Authorising provision

These Regulations are made under section 161 of the Victorian Civil and Administrative Tribunal Act 1998.

3Commencement

These Regulations come into operation on 1 July 2016.

4Revocation

The following Regulations are revoked—

(a)the Victorian Civil and Administrative Tribunal (Fees) Regulations 2013[1];

(b)the Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2013[2];

(c)the Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2015[3];

(d)the Victorian Civil and Administrative Tribunal (Fees) Further Amendment Regulations 2015[4];

(e)the Victorian Civil and Administrative Tribunal (Fees) Amendment (Powers of Attorney) Regulations 2015[5].

5Definitions

(1)In these Regulations—

affected family member has the same meaning as it has in the Family Violence Protection Act 2008;

commencement, in relation to a proceeding, includes the lodgement of any of the following—

(a)an application;

(b)a claim;

(c)a counterclaim;

(d)a third party notice;

(e)any other originating process;

complex case means a proceeding that the principal registrar has determined to be a complex case under regulation 6;

concession fee payer means a person who
holds a health care card within the meaning of the Social Security Act 1991 of the Commonwealth;

corporate fee payer means a person other than a standard fee payer or a concession fee payer;

dwelling has the same meaning as it has in the Victoria Planning Provisions in relation to the use of land;

family violence has the same meaning as it has in the Family Violence Protection Act 2008;

hearing includes any accompanied site visit or inspection, but does not include any of the following—

(a)a compulsory conference;

(b)a directions hearing;

(c)a mediation;

(d)a practice day hearing;

major case means a proceeding entered into the Major Cases List in accordance with regulation 7;

protected person has the same meaning as it has in the Family Violence Protection Act 2008;

standard fee payer means the following—

(a)a natural person other than a natural person acting in the capacity of a statutory office holder;

(b)any other person or entity that has—

(i)as its whole or dominant purpose a charitable, benevolent, or philanthropic purpose, other than a school or a government body; or

(ii)a turnover of less than $200 000 in the financial year before the financial year in which the fees are to be paid;

taxing Acthas the same meaning as it has in Schedule 1 to the Act;

the Actmeans the Victorian Civil and Administrative Tribunal Act 1998;

VicSmart proceeding means a proceeding that relates to a VicSmart permit application for the purposes of a planning scheme approved under the Planning and Environment Act 1987;

Victoria Planning Provisions has the same meaning as it has in the Planning and Environment Act 1987.

(2)For the purposes of paragraph (b)(ii) of the definition of standard fee payer, if the person or entity has not been in operation for a full financial year, it is taken to have a turnover of less than $200 000 if—

(a)it certifies that it expects to have a turnover of less than $200 000 in its first full financial year of operation; and

(b)provides any documents required by the principal registrar to support the certification under paragraph (a).

6Complex case

At any time, the principal registrar may determine that a proceeding is a complex case, having regard to the following—

(a)whether the proceeding relates to an occupational licensing, registration or disciplinary matter;

(b)whether the hearing of the proceeding is likely to take 2 or more days;

(c)whether an expert witness is giving or is likely to give evidence in the proceeding;

(d)whether there are 3 or more parties to the proceeding, including any parties that have joined the proceeding after lodgement;

(e)whether a substantial volume of documentary evidence has been, or is likely to be, filed in the proceeding;

(f)whether more than one member has been, or is likely to be, appointed to hear the proceeding;

(g)whether a presidential member has been, or is likely to be, appointed to hear the proceeding.

7Major case

(1)At the commencement of a proceeding under section 77, 79, 80 or 87A of the Planning and Environment Act 1987, the applicant may elect to have the proceeding entered into the Major Cases List.

(2)At any time after the commencement of a proceeding under section 82 or 82B of the Planning and Environment Act 1987, the applicant for the permit that is the subject of the proceeding may pay a fee of 165 fee units and elect to have the proceeding entered into the Major Cases List.

8Fees

(1)The fees set out in Schedule 1 are payable at the Tribunal as specified in that Schedule and in accordance with this regulation.

(2)For a corporate fee payer, the fee for an item specified in column 2 of Schedule 1 is the amount specified in the corresponding entry of column 3 of Schedule 1.

(3)Subject to subregulation (4), for a standard fee payer, the fee for an item specified in column 2 of Schedule 1—

(a)in respect of a proceeding that is not a major case, is 70 per cent of the amount specified in the corresponding entry of column 3 of Schedule 1, rounded to the nearest 10 cents; and

(b)in respect of a major case, is the amount specified in the corresponding entry of column 3 of Schedule 1.

(4)Despite subregulation (3), no fee is payable by a standard fee payer in respect of a proceeding under section 89(5)(a) of the Equal Opportunity Act 2010.

(5)Subject to subregulation (6), for a concession fee payer, the fee for an item specified in column 2 of Schedule 1—

(a)in respect of a proceeding that is not a major case is the lesser of the following—

(i)35 per cent of the amount specified in column 3 of Schedule 1 for the relevant item, rounded to the nearest 10 cents;

(ii)for the period commencing 1 July 2016 and ending 30 June 2017, $150.00;

(iii)for the period commencing 1 July 2017, 11 fee units; and

(b)in respect of a major case, is the amount specified in the corresponding entry of column 3 of Schedule 1.

(6)Despite subregulation (5), no fee is payable by a concession fee payer in respect of a proceeding that is—

(a)allocated to the residential tenancies division; or

(b)allocated to the civil division and is for a specified sum that is not more than $15 000; or

(c)a proceeding under section 89(5)(a) of the Equal Opportunity Act 2010.

9Proceeding commenced under more than one enactment

Only one fee is payable, which is the higher or highest of the applicable fees if—

(a)a proceeding is commenced under—

(i)more than one enabling enactment; or

(ii)more than one provision of an enabling enactment; or

(b)an item for which a fee is payable under Schedule 1 can be described by more than one of the specifications in column 2 of Schedule 1.

10Time for payment of hearing fee

Any fee payable under Part 3 of Schedule 1 must be paid by 4.30 p.m. on the day before the day of the hearing to which the fee relates.

11Inspection of register of proceedings

For the purposes of section 144(4) of the Act, the prescribed fee—

(a)for a person other than a concession fee payer, is 5 fee units; and

(b)for a concession fee payer, is 1·9 fee units.

12Principal registrar's certificate

For the purposes of section 145(2) of the Act, the prescribed fee—

(a)for a person other than a concession fee payer, is 5·2 fee units; and

(b)for a concession fee payer, is 2 fee units.

13Inspection of proceeding files

For the purposes of section 146(3) of the Act, the prescribed fee—

(a)for a person who is not a party to the proceeding, to inspect a proceeding file—

(i)for a person other than a concession fee payer, is 8·1 fee units; and

(ii)for a concession fee payer, is 3 fee units; and

(b)for the provision by the principal registrar of a copy of a document from a proceeding file, is 60 cents per page.

14Fee for issue of a witness summons

The prescribed fee for the issue of a witness summons under the Act or any enabling enactment—

(a)for a person other than a concession fee payer, is 1·6 fee units; and

(b)for a concession fee payer, is $8.00.

15Reduction, waiver, postponement, remission or refund of fees

(1)For the purposes of section 132(1) and (1A) of the Act, each of the following is a prescribed ground—

(a)a fee in relation to a proceeding has been paid more than once;

(b)a person has paid the fee payable by a standard fee payer but is eligible to pay the fee payable by a concession fee payer;

(c)a person has paid the fee payable by a corporate fee payer but is eligible to pay the fee payable by a standard fee payer or a concession fee payer;

(d)the fee is payable in relation to a proceeding allocated to the residential tenancies division that arises in the context of family violence;

(e)the principal registrar considers there are special reasons for doing so.

(2)For the purposes of subregulation (1)(d), a proceeding arises in the context of family violence if at least one of the following applies—

(a)the applicant is a protected person or an affected family member;

(b)the applicant has a letter from an organisation stating that the organisation is providing the applicant with assistance as a consequence of family violence;

(c)a family member of the applicant has been charged with an offence arising from conduct that would constitute family violence;

(d)the principal registrar is otherwise satisfied that the applicant is a person affected by family violence.

16Transitional provisions—proceedings commenced before 1 July 2016

(1)A fee may be payable under these Regulations in relation to any proceeding in the Tribunal that has commenced, but is not completed, before 1 July 2016.

(2)Despite subregulation (1), if, before 1 July 2016—

(a)a fee has already been paid in relation to a corresponding item under either of the following, a second or higher fee is not payable in relation to a proceeding referred to in subregulation (1)—

(i)Schedule 1 to the Victorian Civil and Administrative Tribunal (Fees) Interim Regulations 2012[6];

(ii)Schedule 1 to the Victorian Civil and Administrative Tribunal (Fees) Regulations 2013; or

(b)a fee waiver has been granted under section 132 of the Act in respect of a fee, that waiver applies to any corresponding fee in relation to a proceeding referred to in subregulation (1).

17Transitional provision—proceedings in the Major Cases List commenced before 1 July 2020

A proceeding under the Environment Protection Act 1970 that is commenced in the Tribunal and entered into the Major Cases List before 1 July 2020, but is not completed before that date, continues as a major case despite the amendment of regulation 7 by regulation 5 of the Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2020.

Schedule 1—Fees

Regulation 8

Column 1 Item No.	Column 2 Enactment	Column 3 Fee payable
Part 1—Fee for commencement of a proceeding
1.	No fee is payable for the commencement of a proceeding under the following enabling enactments or provisions of enabling enactments—
Assisted Reproductive Treatment Act 2008
Children, Youth and Families Act 2005
Disability Act 2006, except section 45
Equal Opportunity Act 2010, except section 89(5)(a)
Freedom of Information Act 1982, applications under section 50 if—
(a)     the application is for the review of a deemed decision under section 49J or 53 refusing to grant access to a document; or
(b)     the applicant is a natural person and the document to which access is sought contains information relating to the applicant's personal affairs
Gender Equality Act 2020
Guardianship and Administration Act 1986
Health Records Act 2001
Medical Treatment Planning and Decisions Act 2016
Mental Health Act 2014
Powers of Attorney Act 2014
Privacy and Data Protection Act 2014
Public Health and Wellbeing Act 2008, sections 122 and 204
Racial and Religious Tolerance Act 2001
Residential Tenancies Act 1997, Part 10 and Part 12A
Supported Residential Services (Private Proprietors) Act 2010, sections 105 and 121.
Voluntary Assisted Dying Act 2017
2.	For the commencement of a proceeding under the following enabling enactments—
Landlord and Tenant Act 1958, Part V
Motor Car Traders Act 1986, section 45
Residential Tenancies Act 1997, except Part 10 and Part 12A
Supported Residential Services (Private Proprietors) Act 2010, section 123	6·3 fee units.
3.	For the commencement of a proceeding under the following enabling enactments—
Building Act 1993, except sections 25J and 186, Division 12 of Part 12A, section 187ZI and clause 10(3) and (4) of Schedule 7
Company Titles (Home Units) Act 2013
Domestic Building Contracts Act 1995, sections 45F, 46E, 63, 65, 66, 67 and 67A
Estate Agents Act 1980, sections 56A(4) and 56B(1)
House Contracts Guarantee Act 1987
Housing Act 1983
Owner Drivers and Forestry Contractors Act 2005
Retirement Villages Act 1986
Retirement Villages (Contractual Arrangements) Regulations 2017
Sale of Land Act 1962
Subdivision Act 1988, Part 5
Water Act 1989, section 19	47 fee units.
4.	For the commencement of a proceeding under the following enabling enactments—
Accident Compensation Act 1985
Accident Towing Services Act 2007
Accident Towing Services Regulations 2019
Adoption Act 1984, section 129A
Agricultural and Veterinary Chemicals (Control of Use) Act 1992
Architects Act 1991
Associations Incorporation Reform Act 2012
Back to Work Act 2015
Biological Control Act 1986
Births, Deaths and Marriages Registration Act 1996
Building Act 1993, sections 25J and 186, Division 12 of Part 12A, section 187ZI and clause 10(3) and (4) of Schedule 7
Bus Safety Act 2009
Business Licensing Authority Act 1998
Cemeteries and Crematoria Act 2003
Children's Services Act 1996
Commercial Passenger Vehicle Industry Act 2017
Conveyancers Act 2006, sections 33, 34, 146 and 187
Co‑operatives National Law (Victoria)
Country Fire Authority Act 1958
Dairy Act 2000
Dangerous Goods Act 1985
Disability Act 2006, section 45
Disability Service Safeguards Act 2018
Domestic Animals Act 1994
Drugs, Poisons and Controlled Substances Act 1981
Education and Care Services National Law (Victoria)
Education and Training Reform Act 2006, Division 14 of Part 2.6 and Part 4.8
Electoral Act 2002
Electricity Safety Act 1998
Emergency Management Act 1986
Emergency Services Superannuation Act 1986
Equal Opportunity Act 2010, section 89(5)(a)
Equipment (Public Safety) Act 1994
Essential Services Commission Act 2001
Estate Agents Act 1980, except sections 56A(4) and 56B(1)
Firearms Act 1996, section 182
Fisheries Act 1995
Freedom of Information Act 1982, except applications under section 50 if—
(a)     the application is for the review of a deemed decision under section 49J or 53 refusing to grant access to a document; or
(b)     the applicant is a natural person and the document to which access is sought contains information relating to the applicant's personal affairs
Fundraising Act 1998
Gas Safety Act 1997
Health Practitioner Regulation National Law (Victoria) Act 2009
Health Practitioner Regulation National Law (Victoria)
Health Services Act 1988, sections 57C and 110
Labour Hire Licensing Act 2018
Liquor Control Reform Act 1998
Livestock Disease Control Act 1994
Local Government Act 1989, except sections 183, 185 and 185AA
Long Service Benefits Portability Act 2018
Major Events Act 2009
Meat Industry Act 1993, section 24
Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020
Metropolitan Fire Brigades Act 1958
Motor Car Traders Act 1986, except section 45
Occupational Health and Safety Act 2004
Owners Corporations Act 2006, section 191
Parliamentary Salaries and Superannuation Act 1968
Pharmacy Regulation Act 2010, section 62
Pipelines Act 2005, sections 64, 83 and 182
Prevention of Cruelty to Animals Act 1986, section 33
Private Security Act 2004, Part 7
Professional Boxing and Combat Sports Act 1985
Professional Engineers Registration Act 2019
Property Law Act 1958, Part IV
Public Health and Wellbeing Act 2008, section 207
Racing Act 1958
Rail Safety (Local Operations) Act 2006, Part 7
Rail Safety National Law (Victoria)
Relationships Act 2008, Part 2.4 of Chapter 2
Road Management Act 2004
Road Management (General) Regulations 2016
Road Safety Act 1986
Road Safety (Vehicles) Regulations 2009, regulations 128 and 215
Seafood Safety Act 2003
Second-Hand Dealers and Pawnbrokers Act 1989, sections 9B, 14 and 18A
Sentencing Act 1991, section 105L
Service Victoria Act 2018
Sex Work Act 1994
Small Business Commission Act 2017, section 13
State Employees Retirement Benefits Act 1979
State Superannuation Act 1988
Superannuation (Portability) Act 1989
Supported Residential Services (Private Proprietors) Act 2010, section 206
Surveying Act 2004, section 33
taxing Act
Therapeutic Goods (Victoria) Act 2010, section 30
Transport Accident Act 1986
Transport (Compliance and Miscellaneous) Act 1983
Transport Superannuation Act 1988
Veterinary Practice Act 1997, section 55
Vexatious Proceedings Act 2014
Victims of Crime Assistance Act 1996
Victoria State Emergency Service Act 2005
Victoria State Emergency Service Regulations 2006
Victorian Plantations Corporation Act 1993
Wildlife Act 1975
Worker Screening Act 2020
Workplace Injury Rehabilitation and Compensation Act 2013	64 fee units.
5.	For the commencement of a proceeding under the following enabling enactments—
Aboriginal Heritage Act 2006
Catchment and Land Protection Act 1994, section 48
Climate Change Act 2010
Conservation, Forests and Lands Act 1987, section 76
Education and Training Reform Act 2006, except Division 14 of Part 2.6 and Part 4.8
Flora and Fauna Guarantee Act 1988
Gambling Regulation Act 2003
Health Services Act 1988, section 67
Heritage Act 1995
Land Acquisition and Compensation Act 1986
Legal Profession Uniform Law Application Act 2014, section 91
Legal Profession Uniform Law (Victoria)
Local Government Act 1989, sections 183, 185 and 185AA
Petroleum Act 1998
Pipelines Act 2005, section 154
Plant Biosecurity Act 2010, section 59
Major Transport Projects Facilitation Act 2009
Mineral Resources (Sustainable Development) Act 1990
Subdivision Act 1988, except Part 5
Traditional Owner Settlement Act 2010
Urban Renewal Authority Victoria Act 2003
Valuation of Land Act 1960
Water Act 1989, except section 19	84 fee units.
6.	For the commencement of a proceeding under—
(a)     the Australian Consumer Law and Fair Trading Act 2012, except a proceeding allocated to the residential tenancies division;
(b)     the Domestic Building Contracts Act 1995, except a proceeding under sections 45F, 46E, 63, 65, 66, 67 and 67A
(c) section 99 of the Legal Profession Uniform Law Application Act 2014—
if the claim is—
(d)     for a sum that is specified, but is not more than $3000	6·3 fee units
(e)    for a sum that is more than $3000 but not more than $15 000	21 fee units
(f)    not for a sum, or is for a sum that is—
(i)     not specified; or
(ii)    more than $15 000 but not more than $100 000	47 fee units
(g)    for a sum that is more than $100 000 but not more than $500 000	77 fee units
(h)     for a sum that is more than $500 000 but not more than $1 million	105 fee units
(i)     for a sum that is more than $1 million but not more than $5 million	133 fee units
(j)    for a sum that is more than $5 million	161 fee units.
7.	For the commencement of a proceeding under the Australian Consumer Law and Fair Trading Act 2012, if the proceeding is allocated to the residential tenancies division and the claim is—
(a)     for a sum that is not more than $15 000 or not for a sum	6·3 fee units
(b)     for a sum that is not specified or is more than $15 000	21 fee units.
8.	For the commencement of a proceeding under the Retail Leases Act 2003, if the claim is—
(a)     for a sum that is not specified or is not more than $100 000 or not for a sum	47 fee units
(b)     for a sum that is more than $100 000 but not more than $500 000	77 fee units
(c)    for a sum that is more than $500 000 but not more than $1 million	105 fee units
(d)     for a sum that is more than $1 million but not more than $5 million	133 fee units
(e)    for a sum that is more than $5 million	161 fee units.
9.	For the commencement of a proceeding under the Owners Corporations Act 2006, except section 191, if the claim is—
(a)     not for a sum, or is for a sum that is specified, but is not more than $3000	6·3 fee units
(b)     for a sum that is more than $3000 but not more than $15 000	21 fee units
(c)    for a sum that is not specified or for a sum that is more than $15 000 but not more than $100 000	47 fee units
(d)     for a sum that is more than $100 000 but not more than $500 000	77 fee units
(e)    for a sum that is more than $500 000 but not more than $1 million	105 fee units
(f)    for a sum that is more than $1 million but not more than $5 million	133 fee units
(g)    for a sum that is more than $5 million	161 fee units.
10.	For the commencement of a proceeding under section 77 or 79 of the Planning and Environment Act 1987 if the proceeding is not a major case and relates to—
(a)     a VicSmart proceeding or a development that is solely a single dwelling	84 fee units
(b)     a development of a kind not referred to in paragraph (a) having an estimated cost of—
(i)     nil	111 fee units
(ii)    more than nil but is not more than $1 million	94 fee units
(iii)     more than $1 million but is not more than $5 million	111 fee units
(iv)    more than $5 million but is not more than $15 million	139 fee units
(v)     more than $15 million but is not more than $50 million	167 fee units
(vi)    more than $50 million or is not specified	195 fee units.
11.	For the commencement of a proceeding under the Planning and Environment Act 1987, sections 87, 89 or 93	17 fee units.
12.	For the commencement of a proceeding that is a major case, if the proceeding relates to a development having an estimated cost of—
(a)     nil	223 fee units
(b)     more than nil but not more than $1 million	206 fee units
(c)    more than $1 million but not more than $5 million	223 fee units
(d)     more than $5 million but not more than $15 million	251 fee units
(e)    more than $15 million but not more than $50 million	279 fee units
(f)    more than $50 million or is not specified	307 fee units.
13.	For the commencement of a proceeding under any provision of the Planning and Environment Act 1987, the Environment Protection Act 1970 or the Environment Protection Act 2017 not otherwise specified in Part 1 of this Schedule	84 fee units.
14.	For the commencement of a proceeding under any enabling enactment not otherwise specified in Part 1 of this Schedule	64 fee units.
Part 2—Fee for an application and other matters in relation to an existing proceeding
15.	For the making of an application for the costs of a proceeding under section 109 of the Act or under an enabling enactment, if final orders have been made in that proceeding and the proceeding was allocated to the Tribunal's—
(a)     administrative division or planning and environment division	64 fee units
(b)     civil division	36 fee units.
16.	For the making of an application under section 120 of the Act, if the proceeding in relation to which the application is made was allocated to the Tribunal's—
(a)     administrative division or planning and environment division	17 fee units
(b)     civil division	6·3 fee units.
16A.	For the making of an application under section 120A of the Act, if the proceeding in relation to which the application is made was allocated to the Tribunal's—
(a)     administrative division or planning and environment division	64 fee units
(b)     civil division	36 fee units.
17.	For lodging a statement of grounds in accordance with clause 56 of Schedule 1 to the Act, unless accompanied by a written notice under subclause (5)	2 fee units.
18.	For transfer of a proceeding from the Magistrates' Court to the Tribunal (payable, in addition to the relevant fee for commencement of the proceeding in the Tribunal)	6·3 fee units.
19.	For an application for an injunction to be heard urgently (payable, in addition to the relevant fee for commencement of the proceeding), except if the proceeding is allocated to the residential tenancies division	21 fee units.
20.	For the issuing of a warrant in a proceeding allocated to the residential tenancies division	11 fee units.
Part 3—Hearing fee
21.	For hearing a proceeding for which a fee is payable under Part 1 of this Schedule on commencement, for each day or part of a day, if the proceeding is—
(a)     a complex case that is allocated to the administrative division	241 fee units
(ab)   a major case or a complex case that is allocated to the planning and environment division	241 fee units
(b)     a complex case that is allocated to the civil division or the human rights division	177 fee units
(c)    for a claim that is not for a sum, or is for an unspecified sum, or is for a sum more than $15 000—
(i)     day one, for a proceeding that is—
(A)    a proceeding under the Owners Corporations Act 2006, except section 191; or
(B)    allocated to the residential tenancies division; or
(C)    a claim for a specified sum that is not more than $100 000	nil
(ii)    day one, otherwise than provided in subparagraph (i)	35 fee units
(iii)   days 2 to 4	35 fee units
(iv)   days 5 to 9	70 fee units
(v)    day 10 and any subsequent day	105 fee units
(d)     for review of a decision made by a decision‑maker—
(i)     day one, for a proceeding that is—
(A)    a VicSmart proceeding; or
(B) a proceeding under section 80 of the Planning and Environment Act 1987	nil
(ii)    day one, otherwise than provided in subparagraph (i)	35 fee units
(iii)   days 2 to 4	35 fee units
(iv)   days 5 to 9	70 fee units
(v)    day 10 and any subsequent day	105 fee units.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Victorian Civil and Administrative Tribunal (Fees) Regulations 2016, S.R. No. 75/2016 were made on 28 June 2016 by the Governor in Council under section 161 of the Victorian Civil and Administrative Tribunal Act 1998, No. 53/1998 and came into operation on 1 July 2016: regulation 3.

The Victorian Civil and Administrative Tribunal (Fees) Regulations 2016 will sunset 10 years after the day of making on 28 June 2026 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Victorian Civil and Administrative Tribunal (Fees) Regulations 2016 by statutory rules, subordinate instruments and Acts.

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Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2017, S.R. No. 132/2017

Date of Making:	19.12.17
Date of Commencement:	19.12.17

Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2018, S.R. No. 30/2018

Date of Making:	20.3.18
Date of Commencement:	20.3.18

Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2019, S.R. No. 39/2019

Date of Making:	4.6.19
Date of Commencement:	4.6.19

Victorian Civil and Administrative Tribunal (Fees) Amendment (Planning and Environment Division) Regulations 2019, S.R. No. 64/2019

Date of Making:	23.7.19
Date of Commencement:	23.7.19

Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2020, S.R. No. 58/2020

Date of Making:	30.6.20
Date of Commencement:	1.7.20: reg. 3

Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2021, S.R. No. 18/2021

Date of Making:	23.3.21
Date of Commencement:	31.3.21: reg. 3

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3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4(a): S.R. No. 53/2013 as amended by S.R. Nos 142/2013, 24/2015, 66/2015 and 101/2015.

[2] Reg. 4(b): S.R. No. 142/2013.

[3] Reg. 4(c): S.R. No. 24/2015.

[4] Reg. 4(d): S.R. No. 66/2015.

[5] Reg. 4(e): S.R. No. 101/2015.

[6] Reg. 16(2)(a)(i): S.R. No. 147/2012. Revoked by S.R. No. 53/2013.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2020 is $14.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.