Victorian Civil and Administrative Tribunal (Lists Amendments) Rules 2024 (Vic)

Victorian Civil and Administrative Tribunal (Lists Amendments) Rules 2024

S.R. No. 27/2024

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Address for service of documents

6Documents required to be included with certain applications

7Review and Regulation List

8Human Rights List

9Planning and Environment List

10Forms in Schedule 2 amended

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Endnotes

STATUTORY RULES 2024

S.R. No. 27/2024

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Lists Amendments) Rules 2024

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 make amendments to the Victorian Civil and Administrative Tribunal Rules 2018 in relation to the allocation of functions in Schedule 1 and other consequential 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 29 April 2024.

4Principal Rules

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

5Address for service of documents

(1)After Rule 4.10(3) of the Principal Rules insert—

"(3AA)Without limiting subrule (1), (2) or (3), an address for service or electronic address provided by an applicant or other party may be an account in the digital portal if—

(a)the applicant or other party has registered the account and agreed to use the digital portal for the service of documents in the proceeding; or

(b)a representative of the applicant or other party has registered the account and been instructed by the applicant or other party to receive the documents in the proceeding and accept service on behalf of the applicant or other party.".

(2)After Rule 4.10(6) of the Principal Rules insert—

"(7)In this Rule—

digital portal means the digital case management system that is in use by the Tribunal from time to time.".

6Documents required to be included with certain applications

In Rule 8.07(8) of the Principal Rules, after "under" insert "section 91ZM,".

7Review and Regulation List

(1)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.13 insert—

"3.13AChild Employment Act 2003;".

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

"3.34BFire Rescue Victoria (Firefighters Registration Board) Regulations 2022 regulation 52;".

(3)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.39 insert—

"3.39AGambling Taxation Act 2023;".

(4)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.49 insert—

"3.49AMental Health and Wellbeing Act 2022 sections 503 and 712;".

(5)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.60 insert—

"3.60APort Management Act 1995;".

(6)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.61 insert—

"3.61APrivacy Act 1988 of the Commonwealth section 96;".

(7)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.65 insert—

"3.65ARadiation Act 2005 section 102(1) (reviewable decisions under paragraphs (a) and (c) of the definition of reviewable decision in section 100, and section 102(2));".

(8)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.84 insert—

"3.84ATourist and Heritage Railways Act 2010;".

(9)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.96 insert—

"3.96AAWindfall Gains Tax Act 2021, except Part 5;".

8Human Rights List

In clause 8(1) of Schedule 1 to the Principal Rules, for item 8.7 substitute—

"8.7Mental Health and Wellbeing Act 2022, except sections 503 and 712;".

9Planning and Environment List

In clause 10(1) of Schedule 1 to the Principal Rules, after item 10.20 insert—

"10.20ARadiation Act 2005 section 102(1) (reviewable decision under paragraph (d) of the definition of reviewable decision in section 100);".

10Forms in Schedule 2 amended

(1)In Form 5 of Schedule 2 to the Principal Rules—

(a)for "AND that a warrant of possession issue." substitute "AND that a warrant of possession issue, to be executed within [insert number of days, not to exceed 30] days after the date of issue.";

(b)for "YOU are authorised, within [insert number of days, not to exceed 30] days of the day on which this warrant was issued—" substitute "YOU are authorised, from the day this warrant is issued to [insert date warrant is to be executed by] inclusive—".

(2)In Form 7 of Schedule 2 to the Principal Rules—

(a)for "AND that a warrant of possession issue." substitute "AND that a warrant of possession issue, to be executed within [insert number of days, not to exceed 30] days after the date of issue.";

(b)for "YOU are authorised, within [insert number of days, not to exceed 30] days of the day on which this warrant was issued—" substitute "YOU are authorised, from the day this warrant is issued to [insert date warrant is to be executed by] inclusive—".

Dated: 24 April 2024

EDWARD WOODWARD, President

CAITLIN ENGLISH, Vice President

TERESA BISUCCI, Deputy President

BILL SIBONIS, Senior Member

RACHEL NAYLOR, Senior 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. Nos 187/2018, 18/2019, 58/2019, 145/2019, 28/2020, 125/2020, 54/2021, 114/2021, 12/2023, 30/2023, 7/2024 and 13/2024.