Victorian Current Acts

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 57B

    (1)     The following persons may apply to the Magistrates' Court under this section—

        (a)     a person who is entitled to apply to the Tribunal in its original jurisdiction, or would have been so entitled if the Tribunal had jurisdiction to exercise judicial power to resolve controversies involving federal subject matter;

        (b)     a person whose application to the Tribunal in its original jurisdiction was, before, on or after the commencement of this Part, struck out, dismissed, rejected or withdrawn on the ground that the Tribunal had no jurisdiction to exercise judicial power to resolve controversies involving federal subject matter;

S. 57B(1)(c) substituted by No. 26/2023 s. 65(1).

        (c)     a person who was a party to a proceeding in the Tribunal in which an order of the Tribunal was set aside by a court, on an appeal or review commenced on or before the date on which the Justice Legislation Amendment Act 2023 receives the Royal Assent, on the ground that the Tribunal had no jurisdiction to exercise judicial power to resolve controversies involving federal subject matter.

    (2)     The Magistrates' Court may hear and determine an application made under this section if satisfied that—

        (a)     the application raises, or there is some doubt as to whether it raises, a controversy involving federal subject matter; and

        (b)     resolution of that controversy would involve, or there is some doubt as to whether it would involve, an exercise of judicial power; and

        (c)     the Tribunal would have had original jurisdiction enabling it to determine an application involving the same subject matter if the application did not raise a controversy involving federal subject matter the resolution of which would involve an exercise of judicial power.

    (3)     The fee payable for an application under this section is the relevant fee (if any) payable to the Tribunal under this Act.

    (4)     Subject to section 57D, any limitation period that would apply to the making of an application to the Tribunal applies to the making of an application to the Magistrates' Court under this section.

    (5)     The Magistrates' Court may strike-out, dismiss or reject an application if the Court is not satisfied under subsection (2).

S. 57B(6) repealed by No. 26/2023 s. 65(2).

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S. 57C inserted by No. 31/2021 s. 3.