VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998

Victorian Current Acts

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. When does a person make a decision?
5. When are a person's interests affected by a decision?
6. When is a document in a person's possession?
7. Act binds the Crown

PART 2--VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

Division 1--Establishment and membership

8. Establishment of Tribunal
10. President
11. Vice Presidents
11A. Short-term Vice Presidents
12. Deputy Presidents
13. Senior members
14. Ordinary members

Division 2--General provisions relating to members

15. Applications for appointment
16. Appointment of members
16A. Internal promotion of Tribunal members
16B. Amendment of appointment of sessional and non‑sessional members
17. Terms and conditions of service
17AA. Appropriation of certain amounts in relation to non‑judicial members
17A. Salary sacrifice
18. Prohibition on outside employment
18A. Entry into part-time service arrangement
18B. Variation of part-time service arrangement
18C. Termination of part-time service arrangement
19. Disclosure of interests
20. Resignation
21. Vacation of office
25. Validity of proceedings
25A. Member or former member may not represent a party
25B. Member or former member may not appear as expert witness

Division 3--Acting appointments

26. Acting President
27. Acting Vice President
28. Acting Deputy President
28A. Acting senior member
29. Additional acting judicial appointments

Division 4--Administration

30. Administrative functions of President and Vice Presidents
31. President to advise Minister
32. Employment of registrars and other staff
32AA. Principal registrar to give assistance
32A. Delegation by principal registrar
33. Delegation by President and Vice Presidents
34. Secrecy
35. Prohibition on secondary disclosures
36. Further restriction on disclosure
37. Annual report
38. Where may the Tribunal sit?
38AA. Disclosure of information or data by Tribunal

Division 5--Professional development and training

38A. Professional development and training

PART 3--THE TRIBUNAL--JURISDICTION AND FUNCTIONS

Division 1--Introductory

39. Structure of Part
40. Jurisdiction of the Tribunal
41. What is original jurisdiction?
42. What is review jurisdiction?

Division 2--Original jurisdiction

43. How is original jurisdiction invoked?
44. Functions of the Tribunal

Division 3--Review jurisdiction

45. Request for statement of reasons for decision
46. Decision-maker to give statement of reasons on request
47. The Tribunal may order statement of reasons to be given
48. How is review jurisdiction invoked?
49. Decision-maker must lodge material
50. Effect of original decision pending review
51. Functions of Tribunal on review
51A. Tribunal may invite decision-maker to reconsider decision
52. Limitation of courts' jurisdiction in planning matters
53. Cabinet documents
54. Crown privilege
55. Certain questions not required to be answered
56. Exclusion of general rules of public interest
57. Application of statements of policy

PART 3A--FEDERAL SUBJECT MATTER

57A. Definitions
57B. Applications to Magistrates' Court
57C. Substituted proceedings
57D. Extension of limitation periods
57E. Time limits for dealing with applications
57F. Rights and liabilities—past invalid Tribunal decisions
57G. Effect of things done or omitted to be done under or in relation to rights and liabilities
57H. Powers of Magistrates' Court in relation to rights and liabilities
57I. Rights and liabilities do not apply in certain circumstances
57J. Transfer of substituted proceedings
57K. Part prevails

PART 4--THE TRIBUNAL--GENERAL PROCEDURE

Division 1--Introduction

58. Structure of Part

Division 2--Parties

59. Who are the parties to a proceeding?
60. Joinder of parties
60A. Removal of parties
61. Unincorporated associations
62. Representation of parties
63. Interpreters
63A. Support persons

Division 3--Constitution of Tribunal

64. Constitution of Tribunal in proceedings
65. Who presides in a proceeding?
66. Opinions equally divided

Division 4--Preliminary procedure

67. How to make an application to the Tribunal
68. Application fee
69. Procedure where a matter is referred to the Tribunal
70. Referral fee
71. Principal registrar or the Tribunal may reject certain applications
72. Notification of commencement
73. Intervention
74. Withdrawal of proceedings
75. Summary dismissal of unjustified proceedings
76. Summary dismissal for want of prosecution
77. More appropriate forum
78. Conduct of proceeding causing disadvantage
78A. Application of Division 9 of Part III of Evidence (Miscellaneous Provisions) Act 1958—Document unavailability
79. Security for costs
80. Directions
81. Obtaining information from third parties
82. Consolidation of proceedings

Division 5--Compulsory conferences, mediation and settlement

83. Compulsory conferences
84. Tribunal may require personal attendance at compulsory conference
85. Evidence inadmissible
86. Party may object to member hearing the proceeding
87. What happens if a party fails to attend a compulsory conference?
88. Mediation
89. Tribunal or mediator may require personal attendance at mediation
90. What happens if mediation is successful?
91. What happens if mediation is unsuccessful?
92. Evidence inadmissible
93. Settlement of proceeding
93A. Party may object to mediator hearing the proceeding

Division 6--Referral to experts

94. Expert witnesses and expert evidence
95. Special referees
96. Referral of questions of law to Court

Division 7--Hearings

97. Tribunal must act fairly
98. General procedure
99. Notice of hearings
100. Method of conducting hearings
102. Evidence
103. Authorisation of person to take evidence
104. Witness summons
105. Rule against self-incrimination does not apply
106. Other claims of privilege
107. Dealing with questions of law
108. Reconstitution of Tribunal

Division 8--Costs

109. Power to award costs
110. Costs of intervention
111. Amount of costs
112. Presumption of order for costs if settlement offer is rejected
113. Provisions regarding settlement offers
114. Provisions concerning the acceptance of settlement offers
115. Consequences if accepted offer is not complied with

Division 8A--Reimbursement of fees

115A. Definitions
115B. Orders as to reimbursement or payment of fees
115C. Presumption of order for reimbursement of fees to successful party in certain proceedings
115CA. Presumption of order for reimbursement of fees in certain planning matters
115D. Division does not affect Tribunal's powers as to costs

Division 9--Orders

116. Form and service
117. Reasons for final orders
118. When does an order come into operation?
119. Correcting mistakes
120. Re-opening an order on substantive grounds
120A. Re-opening an order for enforcement reasons
121. Enforcement of monetary orders
122. Enforcement of non-monetary orders

Division 10--General powers

123. Injunctions
124. Declarations
125. Advisory opinions
125A. Assessment of costs or damages in undertakings
126. Extension or abridgment of time and waiver of compliance
127. Power to amend documents
128. Retention of documents and exhibits
129. Power of entry and inspection
130. Power to impose conditions and make further orders
131. Variation or revocation of procedural order or direction
132. Reduction, waiver, postponement, remission or refund of fees
132A. Tribunal may issue or transmit documents electronically

Division 11--Offences

133. Non-compliance with order
134. Failing to comply with summons
135. Failing to give evidence
136. False or misleading information
137. Contempt
138. Appeal against punishment for contempt
139. Double jeopardy

Division 12--Service of documents

140. Service
141. When is service effective?

Division 13--General

142. Judicial notice
143. Immunity of participants
144. Register of proceedings
145. Principal registrar's certificate
146. Proceeding files
147. Publication of determinations and orders
147A. Information sharing functions—Residential Tenancies Act 1997

PART 5--APPEALS FROM THE TRIBUNAL

148. Appeals from the Tribunal
149. Tribunal may stay its order pending appeal

PART 6--RULES COMMITTEE

Division 1--Establishment of Rules Committee

150. Establishment of Committee
151. Functions
152. Membership
153. Appointment and terms of members

Division 2--Procedure of Rules Committee

154. Who presides at a meeting?
155. Quorum and meeting procedure
156. Validity of decisions

Division 3--Exercise of powers

157. Power to make rules
157A. Rules may provide for certain functions of the Tribunal to be performed by principal registrar
157B. Review of decision of the Tribunal constituted by principal registrar
158. Practice notes

PART 7--MISCELLANEOUS

159. Dealing with inconsistencies
160. Supreme Court—limitation of jurisdiction
161. Regulations
162. Transitional provision—Justice Legislation (Miscellaneous Amendments) Act 2006
163. Transitional provision—Justice Legislation (Further Amendment) Act 2006
164. Transitional provision—Equal Opportunity Act 2010
165. Transitional—Justice Legislation Amendment (Family Violence and Other Matters) Act 2012
166. Savings—Open Courts Act 2013
167. Transitional provision—Victorian Civil and Administrative Tribunal Amendment Act 2014
168. Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2014
169. Savings—Justice Legislation Further Amendment Act 2016
170. Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
171. Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
172. Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
173. Transitional—Justice Legislation Amendment (Access to Justice) Act 2018—enforcement of monetary orders
174. Transitional—Justice Legislation Amendment (Access to Justice) Act 2018—enforcement of
175. Transitional—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES

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