Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013 (Vic)
Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013
S.R. No. 17/2013
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Principal Rules
5New Order 8 inserted
ORDER 8—TRANS-TASMAN PROCEEDINGS
8.01Definitions
8.02Application of Order
8.03Application for order for use of audio link or
audiovisual link8.04Service
8.05Duty of applicant
8.06Technical requirements
6New Form 12 inserted in Schedule 2
Form 12—Application for Use of Audiovisual or Audio Link
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ENDNOTES
STATUTORY RULES 2013
S.R. No. 17/2013
Victorian Civil and Administrative Tribunal Act 1998
Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013
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 2008 to provide for procedures in relation to civil proceedings to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies.
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 the day which is the later of—
(a)the day on which section 3 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth comes into operation;
(b)22 February 2013.
4Principal Rules
In these Rules, the Victorian Civil and Administrative Tribunal Rules 2008[1] are called the Principal Rules.
5New Order 8 inserted
After Order 7 of the Principal Rules insert—
ORDER 8—TRANS-TASMAN PROCEEDINGS"
8.01Definitions
(1)In this Order—
Trans-Tasman Proceedings Act means the Trans-Tasman Proceedings Act 2010 of the Commonwealth.
(2)An expression used in the Trans-Tasman Proceedings Act has the same meaning in this Order as it has in that Act.
8.02Application of Order
This Order applies in relation to any proceeding under the Trans-Tasman Proceedings Act in respect of which the Tribunal is a prescribed tribunal under that Act.
8.03Application for order for use of audio link or audiovisual link
(1)A party to a proceeding to which this Order applies may apply to the Tribunal for an order that evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand by filing an application in accordance with subrule (2).
(2)An application under subrule (1) must—
(a)be in Form 12 of Schedule 2;
(b)be filed at least 14 days before the person who is the subject of the application is due to give evidence or make submissions to the Tribunal.
8.04Service
As soon as practicable after the filing of the application, the applicant must serve a copy of the application on every other party.
8.05Duty of applicant
If, whether before or after a direction has been given, an applicant no longer requires the person who is the subject of the application to give evidence or make submissions to the Tribunal by audio link or audiovisual link, the applicant must notify the principal registrar immediately.
8.06Technical requirements
(1)The technical requirements for an audio link are—
(a)both the Tribunal point and the remote point are equipped with facilities that—
(i)enable all appropriate persons at the Tribunal point to hear the person giving the evidence or making the submissions; and
(ii)enable all appropriate persons at the remote point to hear appropriate persons at the Tribunal point; and
(b)any other requirements imposed by the presiding member.
(2)The technical requirements for an audiovisual link are—
(a)both the Tribunal point and the remote point are equipped with facilities that—
(i)enable all appropriate persons at the Tribunal point to see and hear the person giving the evidence or making the submissions; and
(ii)enable all appropriate persons at the remote point to see and hear appropriate persons at the Tribunal point; and
(b)any other requirements imposed by the presiding member.
(3)Requirements imposed by the presiding member under subrule (1)(b) or (2)(b) must not be inconsistent with any other provision of these Rules.
__________________".
6New Form 12 inserted in Schedule 2
After Form 11 of Schedule 2 to the Principal Rules insert—
FORM 12"
Rule 8.03(2)(a)
APPLICATION FOR USE OF AUDIOVISUAL OR AUDIO LINK
VICTORIAN CIVIL AND ADMINISTRATIVE 20 No.
TRIBUNAL Registry
Name of applicant—
Address—
Address for service of documents—
[if different from above]
Name of respondent—
Address—
Address for service of documents—
[if different from above]
PART 1—PARTICULARS OF APPLICATION
I, [name of applicant]
of [address of applicant or firm of solicitor for applicant]
request an *audiovisual link/*audio link in accordance with the following details—
1.*Audiovisual/*Audio link—
From [originating city/town/country]
To [receiving city/town/country]
2.Type of hearing
3.Number of persons to appear before, or give evidence by *audio visual/*audio link
4.Suggested time (if any) for link
5.Estimate of duration of link
6.Is this application being made with the consent of the parties to the proceeding?
7.If the answer to question 6 is No, what parties have not given consent?
8.If a hearing date has been fixed, what is the date of the hearing?
Date:
[Signature]
*strike out as appropriate.
PART 2—PARTICULARS OF HEARING
(to be completed by the principal registrar)
The application will be heard before [insert name of member], Victorian Civil and Administrative Tribunal, [insert address of location] on [insert date] at [insert time] *a.m./*p.m. or so soon afterwards as the business of the Tribunal allows.
FILED—[insert date].
*strike out as appropriate.
__________________".
Dated: 11 February 2013
GREGORY GARDE, President
PAMELA JENKINS, Vice President
M. F. MACNAMARA, Vice President
MARK DWYER, Deputy President
BILL SIBONIS, Member
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ENDNOTES
[1] Rule 4: S.R. No. 65/2008. Reprint No. 1 as at 1 April 2012. Reprinted to S.R. No. 1/2012.
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