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

Victorian Civil and Administrative Tribunal (Service Amendments) Rules 2024

S.R. No. 7/2024

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Service of documents by Tribunal portal

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Endnotes

STATUTORY RULES 2024

S.R. No. 7/2024

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Service 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 amend the Victorian Civil and Administrative Tribunal Rules 2018 to provide for the service of documents for persons using the digital case management system of the Tribunal.

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 16 February 2024.

4Service of documents by Tribunal portal

(1)For Rule 4.11A(1) of the Victorian Civil and Administrative Tribunal Rules 2018[1] substitute—

"(1)For the purposes of section 140 of the Act, the sending of a notification by electronic communication to a registered party by the Tribunal that another registered party or the Tribunal has uploaded a notice, order or other document to the digital portal constitutes service of that notice, order or other document.

Note

See section 141 of the Act in relation to the timing of service and when service by electronic communication is taken to be effective.".

(2)In Rule 4.11A(2) of the Victorian Civil and Administrative Tribunal Rules 2018, in the definition of digital portal, for "time." substitute "time;".

(3)In Rule 4.11A(2) of the Victorian Civil and Administrative Tribunal Rules 2018 insert the following definition—

"registered party means—

(a)a person who—

(i)is a party to a proceeding or reasonably expects to be a party to a proceeding; and

(ii)has registered an account in the digital portal; and

(iii)has agreed to use the digital portal for the service of documents in the proceeding; or

(b)a representative of a party to a proceeding or a person who reasonably expects to be a party to a proceeding where the representative has—

(i)registered an account in the digital portal; and

(ii)been instructed by that party or person to receive documents in the proceeding and accept service on the party's or person's behalf.".

Dated:   9 February 2024

EDWARD WOODWARD, President

CAITLIN ENGLISH, Vice President

RACHEL NAYLOR, Senior Member

BILL SIBONIS, Senior Member

CRAIG LYNCH, Attorney-General's Nominee

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ENDNOTES

[1] Rule 4(1): 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 and 30/2023.