Victorian Civil and Administrative Tribunal Miscellaneous Amendments Rules 2023 (Vic)

Victorian Civil and Administrative Tribunal Miscellaneous Amendments Rules 2023

S.R. No. 30/2023

table of provisions

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Appointment of litigation guardian for a child

6New Rule 4.02A inserted

7New Rule 4.11A inserted

8Rule 8A.02 substituted

9Review and Regulation List

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Endnotes

statutory rules 2023

S.R. No. 30/2023

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal Miscellaneous Amendments Rules 2023

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 miscellaneous amendments to the Victorian Civil and Administrative Tribunal Rules 2018.

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 22 May 2023.

4Principal Rules

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

5Appointment of litigation guardian for a child

(1)For Rule 4.02(1)(a) of the Principal Rules substitute—

"(a)does not have a disability that would prevent the person from properly exercising the function of litigation guardian; and".

(2)In Rule 4.02(3) of the Principal Rules, after "Tribunal may" insert ", on an application made under subrule (2) or on its own initiative,".

(3)After Rule 4.02(3) of the Principal Rules insert—

"(4)In determining whether to make an order under section 109(4) of the Act in relation to a litigation guardian of a child, the Tribunal must also be satisfied that the litigation guardian was negligent or engaged in misconduct in the conduct of the proceeding.".

6New Rule 4.02A inserted

After Rule 4.02 of the Principal Rules insert—

"4.02A   Appointment of litigation guardian under clause 11AC or 77B of Schedule 1 to the Act

(1)This Rule applies to a proceeding under the Disability Act 2006 or Part 12A of the Residential Tenancies Act 1997.

(2)A person is eligible to be appointed by the Tribunal as litigation guardian of a person with a disability who is a party to the proceeding if that person—

(a)does not have a disability that would prevent that person from properly exercising the function of litigation guardian; and

(b)has no interest in the proceeding adverse to that of the person with a disability.

(3)An application by a person to be appointed as a litigation guardian of a person with a disability must—

(a)be in writing and signed by the applicant;

(b)state that the applicant has no interest in the proceeding adverse to the person to whom the application relates; and

(c)be accompanied by a medical report completed by a registered medical practitioner in the form published on the Tribunal's website or available in hard copy from the registry.

(4)The Tribunal may refer an application made under subrule (3) to the guardianship list of the human rights division, in which case the application is an application for the appointment of a guardian or an administrator under the Guardianship and Administration Act 2019 with powers limited to bringing and defending the relevant proceeding under the Disability Act 2006 or Part 12A of the Residential Tenancies Act 1997.

(5)Where the interests of a party who is a person with a disability so require, the Tribunal may, on an application made under subrule (3) or on its own initiative, appoint or remove a litigation guardian or substitute another person as litigation guardian.

(6)In determining whether to make an order under section 109(4) of the Act in relation to a litigation guardian of a person with a disability, the Tribunal must also be satisfied that the litigation guardian was negligent or engaged in misconduct in the conduct of the proceeding.".

7New Rule 4.11A inserted

After Rule 4.11 of the Principal Rules insert—

"4.11A   Service of documents by Tribunal portal

(1)For the purposes of section 140 of the Act, where all parties to a proceeding have agreed to use the digital portal, the sending of a notification by the Tribunal to a party that another party has uploaded a document to the digital portal constitutes service of the document.

(2)In this Rule—

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

8Rule 8A.02 substituted

For Rule 8A.02 of the Principal Rules substitute—

"8A.02   Requirements for lodging statement of grounds in proceedings under a planning enactment

A person who is required by clause 56(1) of Schedule 1 to the Act to lodge with the Tribunal a statement of the grounds on which the person intends to rely at the hearing of a proceeding must lodge the statement—

(a)in the form published on the Tribunal's website or available in hard copy from the registry;

(b)accompanied by any fee prescribed by regulations made under section 161 of the Act; and

(c)within the period directed by the Tribunal or, if there is no direction, within 14 days after being served with notice of the proceeding.".

9Review and Regulation List

In item 3.28 of clause 3(1) of Schedule 1 to the Principal Rules, for "Division 14 of Part 2.6 and Part 4.8" substitute "except section 5.7A.12 (see planning and environment list)".

Dated:   17 May 2023

MICHELLE QUIGLEY, President

SAMANTHA MARKS, Vice President

TERESA BISUCCI, Deputy President

RACHEL NAYLOR, 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, 28/2020, 125/2020, 54/2021, 114/2021 and 12/2023.