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

Victorian Civil and Administrative Tribunal Miscellaneous Amendments Rules 2020

S.R. No. 28/2020

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provision

3Commencement

4Principal Rules

5Service of witness summons

6Review and Regulation List

7Building and Property List

8Guardianship List

9Human Rights List

10Planning and Environment List

═════════════

Endnotes

STATUTORY RULES 2020

S.R. No. 28/2020

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal 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 make amendments in relation to the service of a witness summons; and

(b)to amend the functions of the review and regulation list, the building and property list, the guardianship list, the human rights list and the planning and environment list of the Tribunal.

2Authorising provision

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 May 2020.

4Principal Rules

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

5Service of witness summons

(1)In Rule 4.20(1)(a) of the Principal Rules, for "the party who requested its issue" substitute "the issuing party".

(2)After Rule 4.20(1) of the Principal Rules insert—

"(1A)The issuing party must serve a copy of a witness summons on each party as soon as possible after the witness summons has been served on the addressee but it shall not be necessary that the copy served be sealed or be served personally.".

(3)After Rule 4.20(3) of the Principal Rules insert—

"(4)In this rule—

issuing party means the party at whose request a witness summons is issued.".

6Review and Regulation List

(1)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.33 insert—

"3.33AEssential Services Commission Act 2001;".

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

"3.43AAHeavy Vehicle National Law Application Act 2013;".

(3)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.63 insert—

"3.63AProfessional Engineers Registration Act 2019;".

(4)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.86 insert—

"3.86ATransport (Safety Schemes Compliance and Enforcement) Act 2014;".

7Building and Property List

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

8Guardianship List

In clause 7(1) of Schedule 1 to the Principal Rules, in item 7.1, for "1986" substitute "2019".

9Human Rights List

In clause 8(1) of Schedule 1 to the Principal Rules, in item 8.2, after "Part 5 Division 3," insert "Part 6A, Part 6B,".

10Planning and Environment List

In clause 10(1) of Schedule 1 to the Principal Rules, in item 10.8, after "compensation)" insert "and, on and after 1 June 2020, the whole of that Act".

Dated:   30 April 2020

MICHELLE QUIGLEY, President

ELIZABETH BRIMER, Vice President

MARGARET BAIRD, Senior Member

BILL SIBONIS, Senior Member

═════════════

Endnotes

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