Victorian Civil and Administrative Tribunal Further Miscellaneous Amendments Rules 2020 (Vic)

Victorian Civil and Administrative Tribunal Further Miscellaneous Amendments Rules 2020

S.R. No. 125/2020

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Notice of hearing

6New Rule 4.24A inserted

7Rule 8.03 revoked

8Accompanying documents for electronic lodgement

9Applications

10Documents required to be included with certain applications

11Particulars to be provided with certain applications

12Documents and particulars required for certain applications

13Review of certain determinations and orders

14Principal registrar may exercise certain Tribunal functions

15Review and Regulation List

16Civil Claims List

17Building and Property List

18Human Rights List

19Residential Tenancies List

20Planning and Environment List

21Form 5—Warrant of possession

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Endnotes

STATUTORY RULES 2020

S.R. No. 125/2020

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal Further Miscellaneous Amendments Rules 2020

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 allow the principal registrar to give notice of a hearing by electronic communication; and

(b)to set out a process for the re-opening of an order of the Tribunal for enforcement reasons; and

(c)to make various changes in relation to the lodgement of documents for residential tenancies matters; and

(d)to allow the principal registrar to exercise certain additional Tribunal functions; and

(e)to amend the functions of the review and regulation list, civil claims list, building and property list, human rights list, residential tenancies list and planning and environment list.

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 15 November 2020.

4Principal Rules

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

5Notice of hearing

At the end of Rule 4.18 of the Principal Rules insert—

"(2)The principal registrar may give notice of a hearing to a party by electronic communication to an electronic address given by that party.".

6New Rule 4.24A inserted

After Rule 4.24 of the Principal Rules insert—

"4.24A   Re-opening an order for enforcement reasons

(1)An application for review of an order under section 120A of the Act must be made within 3 months after the order is made or a later date with the leave of the Tribunal.

(2)No more than one application may be made under section 120A of the Act by the same person in respect of the same matter without leave of the Tribunal.

(3)An application under section 120A of the Act must—

(a)state—

(i)the name, current address, telephone number and electronic address of the applicant; and

(ii)the number of the original proceeding for which the review is requested; and

(iii)the date of the making of the order in respect of which a review is requested; and

(iv)the problem with enforcing or complying with the order that is to be remedied; and

(b)exhibit any documents in support of the matters referred to in subparagraphs (a)(i), (ii), (iii) and (iv).

(4)On the lodgement of an application under section 120A of the Act the principal registrar—

(a)may require the applicant to comply with the requirements of subrule (3) by requesting the applicant to provide information as referred to in that subrule; and

(b)must advise the applicant and the other parties by notice of the procedures of the Tribunal with respect to the future conduct of the application.".

7Rule 8.03 revoked

Rule 8.03 of the Principal Rules is revoked.

8Accompanying documents for electronic lodgement

(1)For Rule 8.05(1) of the Principal Rules substitute—

"(1)Despite the provisions of Rules 8.07 and 8.10, if an application has been lodged with the principal registrar by electronic communication to the Tribunal's information system for generating, receiving, storing or otherwise processing electronic communication known as the RT Hub, any requirement of those rules that a document must accompany the application is satisfied if—

(a)the applicant has created the required document using the RT Hub and the applicant provides a copy of that document to the Tribunal at the hearing; or

(b)in any other case, the document is lodged with the Tribunal as soon as practicable but not later than 7 business days after the application is lodged or at the hearing of the application (whichever occurs first).".

(2)For Rule 8.05(2) of the Principal Rules substitute—

"(2)Any document which is required to accompany an application under subrule (1) must be served on the respondent or respondents together with a copy of the application.".

9Applications

In Rule 8.06(2) of the Principal Rules, for "may include" substitute "must include (if known)".

10Documents required to be included with certain applications

(1)In Rule 8.07(1) of the Principal Rules—

(a)for "154(1)" substitute "154(1), 206X(1)";

(b)for "153" substitute "153, 206W".

(2)After Rule 8.07(1) of the Principal Rules insert—

"(1A)An application under section 46(3) or 498ZH(3) of the Residential Tenancies Act 1997 (leave to apply without Director's report) must be accompanied by a copy of the notice of rent increase given to the tenant or SDA resident under section 44 or 498ZB of that Act (as the case requires).

(1B)An application under section 71D(1) of the Residential Tenancies Act 1997 (refusal of pet request) must be accompanied by a copy of the tenant's request given to the landlord under section 71B of that Act.".

(3)Rule 8.07(3) of the Principal Rules is revoked.

(4)Rule 8.07(4) of the Principal Rules is revoked.

(5)After Rule 8.07(5) of the Principal Rules insert—

"(5A)An application by a tenant, resident or site tenant under the Residential Tenancies Act 1997 for an order that a notice to vacate is of no effect must be accompanied by a copy of the notice to vacate given in respect of the rented premises, room, site or caravan (as the case requires).".

(6)After Rule 8.07(6) of the Principal Rules insert—

"(6A)An application under section 233A, 317AA or 317M of the Residential Tenancies Act 1997 by a person specified in section 233A(2)(a)(i), 317AA(2)(a)(i) or 317M(2)(a)(i) must be accompanied by a copy of any family violence safety notice, family violence intervention order or recognised non-local DVO relating to parties to the application.

(6B)An application under section 233A, 317AA or 317M of the Residential Tenancies Act 1997 by a person specified in section 233A(2)(a)(ii), 317AA(2)(a)(ii) or 317M(2)(a)(ii) must be accompanied by a copy of a personal safety intervention order relating to parties to the application.".

(7)Rule 8.07(13)(a) of the Principal Rules is revoked.

(8)Rule 8.07(13)(b) of the Principal Rules is revoked.

(9)Rule 8.07(15) of the Principal Rules is revoked.

11Particulars to be provided with certain applications

In Rule 8.08(7)(f) of the Principal Rules, for "of any person" substitute "of the landlord and any other person".

12Documents and particulars required for certain applications

(1)For Rule 8.10(1) of the Principal Rules substitute—

"(1)An application under the Residential Tenancies Act 1997 for compensation must specify—

(a)the amount of compensation claimed; and

(b)if relevant, the date on which the tenant, resident or site tenant delivered up vacant possession or abandoned the rented premises, room, caravan or site (as the case requires); and

(c)in the case of section 210(1)(a) or 210B(1)(a)—the breach of duty or failure to comply with the tenancy agreement or site agreement alleged (as the case requires) and the loss or damage caused by the breach or failure; and

(d)in the case of section 210(1)(b) or 210B(1)(b)—the payments made to the other party that the applicant was not required to pay; and

(e)in the case of section 452(2)(b) or (3)(b)—the breach of duty alleged and the loss or damage caused by the breach.".

(2)Rule 8.10(2) of the Principal Rules is revoked.

13Review of certain determinations and orders

(1)For Rule 8.16(2)(c)(i) to (iii) of the Principal Rules substitute—

"(i)the name and address (including electronic address) of the applicant;

(ii)the name and address (including electronic address if known) of the respondent or any other party to the proceeding; and

(iii)the address of the premises, room and rooming house, or caravan, site and caravan park the subject of the application;".

(2)Rule 8.16(3) of the Principal Rules is revoked.

14Principal registrar may exercise certain Tribunal functions

(1)After Rule 10.01(i) of the Principal Rules insert—

"(ia)   consideration of requests to attend a hearing by telephone, video link or any other system of telecommunication;".

(2)In Rule 10.01(g) of the Principal Rules, for "landlord on the first listing of an application for possession for rent arrears" substitute "landlord, rooming house owner, caravan park owner, caravan owner or site owner on the first listing of an application for possession for rent or hiring charge arrears".

15Review and Regulation List

(1)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.2 insert—

"3.2AAccident Towing Services Regulations 2019;".

(2)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.32 insert—

"3.32AEnvironment Protection Act 2017 item 23 of the table to section 430(4);".

(3)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.34 insert—

"3.34AFire Rescue Victoria Act 1958;".

(4)In clause 3(1) of Schedule 1 to the Principal Rules, for item 3.47 substitute—

"3.47Local Government Act 1989 sections 30, 48, 81E, 81Q, 240A and clause 8 of Schedule 12;".

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

"3.47AALocal Government Act 2020 sections 170(1), 171(1), 229(1), 311 and 321(5);".

(6)In clause 3(1) of Schedule 1 to the Principal Rules, item 3.50 is revoked.

(7)In clause 3(1) of Schedule 1 to the Principal Rules, item 3.54 is revoked.

(8)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.68 insert—

"3.68AResidential Tenancies Act 1997 section 142L;".

(9)In clause 3(1) of Schedule 1 to the Principal Rules, item 3.88 is revoked.

16Civil Claims List

In clause 4(1) of Schedule 1 to the Principal Rules, after item 4.7 insert—

"4.7ARetirement Villages (Contractual Arrangements) Regulations 2017;

4.7BSale of Land Act 1962 sections 55 and 56;".

17Building and Property List

In clause 5(1) of the Schedule 1 to the Principal Rules, in item 5.8, after "1962" insert "section 44".

18Human Rights List

(1)In clause 8(1) of Schedule 1 to the Principal Rules, in item 8.2, omit "Part 5 Division 3,".

(2)In clause 8(1) of Schedule 1 to the Principal Rules, after item 8.3 insert—

"8.3AGender Equality Act 2020;".

(3)In clause 8(1) of Schedule 1 to the Principal Rules, item 8.5 is revoked.

(4)In clause 8(1) of Schedule 1 to the Principal Rules, item 8.6 is revoked.

19Residential Tenancies List

In clause 9(1) of Schedule 1 to the Principal Rules, in item 9.6, after "1997" insert "except section 142L".

20Planning and Environment List

(1)In clause 10(1) of Schedule 1 to the Principal Rules, in item 10.7, after "2017" insert "except item 23 of the table to section 430(4)".

(2)In clause 10(1) of Schedule 1 to the Principal Rules, after item 10.14 insert—

"10.14AMelbourne Strategic Assessment (Environment Mitigation Levy) Act 2020;".

21Form 5—Warrant of possession

In Form 5 of Schedule 2 to the Principal Rules, for "*tenant/*resident" substitute "*tenant/*resident/*site tenant".

Dated:   12 November 2020

MICHELLE QUIGLEY, President

ELIZABETH BRIMER, Vice President

MARK S. DWYER, Deputy President

BILL SIBONIS, Senior Member

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Endnotes

[1] Rule 4: S.R. No. 77/2018 as amended by S.R. Nos 187/2018, 18/2019, 58/2019, 145/2019 and 28/2020.