(2) Subsection (1) does not apply if— (a) the principal registrar undertakes service on behalf of the applicant; or S. 72(2)(b) amended by No. 101/1998 s. 23(a)(i). (b) a member makes an order under subsection (3). S. 72(3) amended by No. 101/1998 s. 23(a)(ii). (3) A member who is a legal practitioner may make an order that service under subsection (1) be dispensed with if he or she is satisfied— (a) that the applicant has made all reasonable attempts to serve a person, but has been unsuccessful; or (b) that the making and hearing of an application or referral without notice to a person would not cause injustice. S. 72(4) amended by No. 101/1998 s. 23(a)(iii). (4) An order under subsection (3) may be made on the application of the applicant or at the member's own initiative. 73 Intervention s. 73 (1) The Attorney-General may intervene on behalf of the State in a proceeding at any time. S. 73(2) amended by Nos 17/1999 s. 49(2), 21/2012 s. 239(Sch. 6 item 46.2). (2) The Director may intervene at any time in a proceeding under an enabling enactment that is administered by the Minister administering the Australian Consumer Law and Fair Trading Act 2012. S. 73(2A) inserted by No. 6/2003 s. 16. (2A) The Small Business Commissioner appointed under the Small Business Commissioner Act 2003 may intervene at any stage in proceedings brought before the Tribunal—
Tribunal considers that there is already sufficient evidence of that matter before the Tribunal. (3) Evidence in a proceeding— (a) may be given orally or in writing; and (b) if the Tribunal requires, must be given on oath or by affidavit. (4) A member of the Tribunal may administer or cause to be administered an oath or take or cause to be taken an affirmation for the purpose of taking and receiving evidence at a hearing. 103 Authorisation of person to take evidence s. 103 (1) The Tribunal may authorise, in writing, a person (whether or not a member of the Tribunal) to take evidence on behalf of the Tribunal for the purposes of any proceeding. (2) The Tribunal's power under subsection (1) to authorise the taking of evidence is exercisable only by a presidential member. (3) A person may take evidence under this section outside if the Tribunal so authorises. (4) The Tribunal may give directions as to the taking of evidence under this section. (5) If a person other than a member of the Tribunal is authorised to take evidence— (a) the person has all the powers of a member of the Tribunal in relation to the taking of evidence; and (b) section 135 (failing to give evidence) applies as if the person were the presiding member of the Tribunal. (6) Evidence taken under this section— (a) is deemed to be evidence given to the Tribunal; and
Sections 39 and 58 SCHEDULE 1 Sch. 1 3 4 PART 1—INTRODUCTION 1 Purpose of Schedule The purpose of this Schedule is to set out variations from Parts 3 and 4 for certain proceedings under certain enabling enactments. 2 Definitions In this Schedule— Sch. 1 cl. 2 def. of credit enactment amended by No. 74/2010 s. 37(Sch. item 5.2). credit enactment means— * * * * * (b) Credit Act 1984; (c) Consumer Credit () Code (except Part 4); (d) section 45 of the Motor Car Traders Act 1986; Sch. 1 cl. 2 def. of planning enactment amended by Nos 101/1998 s. 23(b)(i), 12/2004 s. 167(2), 69/2006 s. 224(Sch. 3 item 11.2), 6/2009 s. 57(2), 6/2010 s. 203(1) (Sch. 6 item 49.2) (as amended by No 45/2010 s. 22). planning enactment means— (a) Catchment and Land Protection Act 1994; (b) Environment Protection Act 1970; (c) the provisions of the Mineral Resources (Sustainable Development) Act 1990 relating to extractive industries; (d) section 41 of the Flora and Fauna Guarantee Act 1988; (e) section 185 of the Local Government Act 1989;
(f) Planning and Environment Act 1987 (except sections 94(5) and 105); Sch. 1 (fa) section 57 of the Road Management Act 2004; (fb) section 126 and Schedule 2 of the Road Management Act 2004; (fc) section 132 of the Road Management Act 2004 and regulations made under that section; (g) Subdivision Act 1988 (except Division 5 of Part 5 and sections 36 and 39); (h) section 56 of the Transport (Compliance and Miscellaneous) Act 1983 and regulations made under that section; (i) Water Act 1989 (except sections 19 and 266(6)); responsible authority has the same meaning as in the Planning and Environment Act 1987; Sch. 1 cl. 2 def. of taxing Act amended by Nos 5/2000 s. 55, 74/2000 s. 3(Sch. 1 item 139.1), 88/2005 s. 117(Sch. 2 item 11), 26/2007 s. 116, 44/2008 s. 105(1), 23/2010 s. 32, 36/2010 s. 21. taxing Act means— (a) Business Franchise (Petroleum Products) Act 1979; * * * * * Sch. 1 * * * * * * * * * * (e) Land Tax Act 2005; (f) Payroll Tax Act 2007; (g) Part 9B of the Planning and Environment Act 1987; (h) Stamps Act 1958; (i) Taxation Administration Act 1997;
Sch. 1 Pt 19A (Heading and cl. 91B) inserted by No. 62/2010 s. 129. PART 19A—TRADITIONAL OWNER SETTLEMENT ACT 2010 Sch. 1 cl. 91B inserted by No. 62/2010 s. 129. 91B Constitution of Tribunal for Traditional Owner Settlement Matters The Tribunal is to be constituted for the purposes of a proceeding under Part 4 of the Traditional Owner Settlement Act 2010 by— (a) one member who has sound knowledge of, and experience in, Aboriginal culture and land use; or (b) if it is constituted by 2 or more members, at least one member who has sound knowledge of, and experience in, Aboriginal culture and land use. PART 20—TRANSPORT ACCIDENT ACT 1986 92 Costs Nothing in section 109 applies to a proceeding under the Transport Accident Act 1986. 93 Settlement offers Despite section 112(1)(a), sections 112 to 115 apply to a proceeding for review of a decision under section 77 of the Transport Accident Act 1986. 94 Tribunal cannot alter time limits Section 126(1) and (2)(a) do not apply to a proceeding under the Transport Accident Act 1986. PART 21—VALUATION OF LAND ACT 1960 Sch. 1
Sch. 1 Pt 22 (Heading and cl. 100) inserted by No. 96/2001 s. 89. PART 22—VICTORIAN INSTITUTE OF TEACHING ACT 2001 Sch. 1 cl. 100 inserted by No. 96/2001 s. 89, amended by No. 24/2006 s. 6.1.2(Sch. 7 item 44). 100 Constitution of Tribunal for teaching matters Despite section 64(2), in a proceeding under the Education and Training Reform Act 2006, the Tribunal is to be constituted by, or to include, a member who, in the opinion of the President, has knowledge of, or experience in, the teaching profession. Sch. 1 Pt 23 (Heading and cls 101–103) inserted by No. 57/2005 s. 52. 23—WORKING WITH CHILDREN ACT 2005 Sch. 1 cl. 101 inserted by No. 57/2005 s. 52. 101 Constitution of Tribunal for Working with Children matters The Tribunal is to be constituted for the purposes of a proceeding under the Working with Children Act 2005 by a presidential member sitting alone. Sch. 1 cl. 102 inserted by No. 57/2005 s. 52, substituted by No. 61/2012 s. 17. 102 Review of category 2 application (1) If the proceeding relates to the giving of a negative notice on a category 2 application within the meaning of the Working with Children Act 2005, the Tribunal must determine that it is appropriate to refuse to give an assessment notice unless satisfied that giving the assessment notice would not pose an unjustifiable risk to the safety of children having regard to any matters to which the Secretary must have regard under section 13(2) of that Act.
Legislative Council: 19 May 1998 Absolute majorities: Legislative Assembly: 14 May 1998 Legislative Council: 20 May 1998 The Victorian Civil and Administrative Tribunal Act 1998 was assented to on 2 June 1998 and came into operation as follows: Part 1 (sections 1–7) on 2 June 1998: section 2(1); rest of Act on 1 July 1998: Government Gazette 18 June 1998 page 1511. Table of Amendments Endnotes This Version incorporates amendments made to the Victorian Civil and Administrative Tribunal Act 1998 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Land Titles Validation (Amendment) Act 1998, No. 92/1998 Assent Date: 24.11.98 Commencement Date: Pt 4 (s. 13) on 24.11.98: Special Gazette (No. 136) 24.11.98 p. 4 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Licensing and Tribunal (Amendment) Act 1998, No. 101/1998 Assent Date: 1.12.98 Commencement Date: Pt 9 (s. 23) on 1.2.99: Government Gazette 24.12.98 p. 3204 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Public Sector Reform (Further Amendments) Act 1999, No. 12/1999 Assent Date: 11.5.99 Commencement Date: S. 4(Sch. 2 item 22) on 11.5.99: s. 2(1) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Freedom of Information (Amendment) Act 1999, No. 38/1999
Assent Date: 8.11.00 Commencement Date: S. 8 on 2.3.01: Government Gazette 1.3.01 p. 303 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 139) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000, No. 78/2000 Assent Date: 28.11.00 Commencement Date: S. 11 on 28.11.00: s. 2(1) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Information Privacy Act 2000, No. 98/2000 Assent Date: 12.12.00 Commencement Date: S. 78 on 1.9.01: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Health Records Act 2001, No. 2/2001 Assent Date: 10.4.01 Commencement Date: S. 117 on 1.7.02: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Endnotes Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 122) on 15.7.01: s. 2 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Building (Amendment) Act 2001, No. 68/2001
Assent Date: 19.9.06 Commencement Date: Ss 223, 224(Sch. 3 item 11) on 31.12.07: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Justice Legislation (Further Amendment) Act 2006, No. 79/2006 Assent Date: 10.10.06 Commencement Date: Ss 56–60 on 18.10.06: Special Gazette (No. 273) 17.10.06 p. 1 : This information relates only to the provisions amending the Victorian Civil and Administrative Tribunal Act 1998 Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007, No. 24/2007 Assent Date: 26.6.07 Commencement Date: Ss 6, 7 on 27.6.07: s. 2 : This information relates only to the provisions amending the Victorian Civil and Administrative Tribunal Act 1998 Payroll Tax Act 2007, No. 26/2007 Assent Date: 26.6.07 Commencement Date: S. 116 on 1.7.07: s. 2(1) : This information relates only to the provisions amending the Victorian Civil and Administrative Tribunal Act 1998 Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 70) on 27.6.07: s. 2(1) : This information relates only to the provisions amending the Victorian Civil and Administrative Tribunal Act 1998 Endnotes Motor Car Traders Amendment Act 2008, No. 4/2008 Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 35) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Unclaimed Money Act 2008, No. 44/2008 Assent Date: 26.8.08 Commencement Date: S. 105 on 1.1.09: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Public Health and Wellbeing Act 2008, No. 46/2008
Assent Date: 7.4.09 Commencement Date: S. 18 on 1.10.09: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Workplace Rights Advocate (Repeal) Act 2009, No. 21/2009 Assent Date: 10.6.09 Commencement Date: S. 6 on 1.10.10: Government Gazette 30.9.10 p. 2286 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 131) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Endnotes Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 57) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: S. 203(1)(Sch. 6 item 49) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 50 on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Equal Opportunity Act 2010, No. 16/2010 (as amended by No. 26/2011)