Victorian Civil and Administrative Tribunal (Miscellaneous Amendments) Rules 2018 (Vic)

Victorian Civil and Administrative Tribunal (Miscellaneous Amendments) Rules 2018

S.R. No. 187/2018

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Authentication of order

6Principal registrar may exercise certain Tribunal functions

7Legal Practice List

8Planning and Environment List

9Review and Regulation List

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Endnotes

STATUTORY RULES 2018

S.R. No. 187/2018

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Miscellaneous Amendments) Rules 2018

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 member of the Tribunal, in addition to the principal registrar, may authenticate an order of the Tribunal by affixation of the seal of the Tribunal;

(b)to amend the list of Tribunal functions that may be exercised by the principal registrar;

(c)to amend the functions of the legal practice list and the review and regulation list of the Tribunal; and

(d)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 1 November 2018.

4Principal Rules

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

5Authentication of order

In Rule 4.22(c) of the Principal Rules, after "by" insert "a member of the Tribunal or".

6Principal registrar may exercise certain Tribunal functions

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

"(ca)striking out a proceeding with a right to apply for reinstatement for failure to provide information requested by the Tribunal;".

(2)After Rule 10.01(e) of the Principal Rules insert—

"(ea)reinstatement of a proceeding struck out for failure to provide information where the information is subsequently provided;

(eb)determining consent applications to bring forward a hearing time or hearing date;

(ec)determining applications for the withdrawal of a duplicate proceeding;".

(3)In Rule 10.01(r) of the Principal Rules, for "where no" substitute ", whether or not".

(4)After Rule 10.01(s) of the Principal Rules insert—

"(sa)in the case of a function of the Tribunal for proceedings in the guardianship list of the Human Rights Division—

(i)cancelling a hearing and determining the withdrawal of an application where a represented person or a proposed represented person has died;

(ii)directing an administrator to lodge accounts or pay the annual fee by a specified date;

(iii)revoking an administration order and appointing an alternative administrator where the administrator has failed to lodge accounts or pay the annual fee;

(iv)waiving the annual fee in respect of estates which are the subject of an administration order; or

(v)determining applications for adjournments where the hearing is a routine reassessment of an administration order or guardianship order;".

7Legal Practice List

In clause 1(1) of Schedule 1 to the Principal Rules, item 1.2 is revoked.

8Planning and Environment List

In clause 2(1) of Schedule 1 to the Principal Rules, in item 2.26, for "list);" substitute "list).".

9Review and Regulation List

(1)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.12 insert—

"3.12ABusiness Licensing Authority Act 1998;".

(2)In clause 3(1) of Schedule 1 to the Principal Rules, in item 3.48 omit "Sporting".

Dated:    26 October 2018

MICHELLE QUIGLEY, President

FELICITY HAMPEL, Vice President

MARGARET BAIRD, Senior Member

BILL SIBONIS, Member

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Endnotes

[1] Rule 4: S.R. No. 77/2018.