professional advocate has the meaning given in section 62(8); S. 3 def. of reserve judge inserted by No. 51/2000 s. 12(a), substituted by No. 5/2013 s. 69(b). reserve judge means— (a) in relation to the Supreme Court, a reserve Judge within the meaning of the Constitution Act 1975; (b) in relation to the County Court, a reserve judge within the meaning of the County Court Act 1958; rules mean rules made by the Rules Committee under section 157; s. 4 senior member means a person appointed as a member of the Tribunal under section 13; Tribunal means Victorian Civil and Administrative Tribunal established by Part 2; S. 3 def. of Vice President amended by No. 51/2000 s. 12(b). Vice President means Vice President of the Tribunal, including a Vice President appointed under section 11A. 4 When does a person make a decision? (1) For the purposes of this Act or an enabling enactment, a person makes a decision if the person— (a) makes, suspends, revokes or refuses to make a decision, order, determination or assessment (including a decision not to make a decision, order, determination or assessment); (b) gives, suspends, revokes or refuses to give a certificate, direction, approval, consent or permission;
(1) The Supreme Court, the County Court or the Magistrates' Court does not have jurisdiction to hear, or continue to hear, or determine any proceeding in which a person bringing the proceeding brings in issue the matter of the exercise of, or the failure to exercise, a power under a planning enactment if— (a) the Tribunal has jurisdiction to review the matter of the exercise of, or the failure to exercise, that power; and (b) the matter— (i) has not been the subject of a proceeding in the Tribunal; or (ii) if it has been the subject of a proceeding in the Tribunal, has not been determined by the Tribunal; or (iii) if it has been determined by the Tribunal, the time for appeal against an order of the Tribunal in the proceeding has not expired; or (iv) if an appeal has been brought against an order in the proceeding, the appeal has not been determined. (2) If the Supreme Court, the County Court or the Magistrates' Court is of the opinion that there are special circumstances that justify the hearing by the Court of a proceeding to which subsection (1) applies, the court may direct that subsection (1) does not apply to that proceeding. (3) If a court determines a proceeding to which subsection (1) applies but does not give a direction under subsection (2), nothing in this section invalidates the decision of the court. (4) In this section—
S. 52(4) def. of planning enactment amended by Nos 12/2004 s. 167(1) (as amended by No. 39/2004 s. 276(1)), 69/2006 s. 224(Sch. 3 item 11.1), 6/2009 s. 57(1), 6/2010 s. 203(1) (Sch. 6 item 49.1) (as amended by No 45/2010 s. 22). planning enactment means— s. 52 (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); (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 section 39); (h) section 56 of the Transport (Compliance and Miscellaneous) Act 1983 and regulations made under that section; (i) Water Act 1989 (except section 19). Subdivision 3—Matters of privilege and policy 53 Cabinet documents s. 53 (1) The Premier may certify in writing that the disclosure of information about a specified matter,
(b) if the party causing the disadvantage is not the applicant— (i) determine the proceeding in favour of the applicant and make any appropriate orders; or (ii) order that the party causing the disadvantage be struck out of the proceeding; (c) make an order for costs under section 109. (3) The Tribunal's powers under this section are exercisable by the presiding member. S. 78A (Heading) amended by No. 69/2009 s. 54(Sch. Pt 2 item 57.1). S. 78A inserted by No. 53/2006 s. 6, amended by No. 69/2009 s. 54(Sch. Pt 2 item 57.2). 78A Application of Division 9 of Part III of Evidence (Miscellaneous Provisions) Act 1958—Document unavailability Despite section 98(1)(b), Division 9 of Part III of the Evidence (Miscellaneous Provisions) Act 1958 applies to a proceeding commenced on or after the commencement of the Evidence (Document Unavailability) Act 2006, regardless of when the document was destroyed, disposed of, lost, concealed or rendered illegible, undecipherable or incapable of identification. 79 Security for costs s. 78A (1) On the application of a party to a proceeding, the Tribunal may order at any time— (a) that another party give security for that party's costs within the time specified in the order; and (b) that the proceeding as against that party be stayed until the security is given.
(b) issue a warrant for his or her arrest in the form prescribed by the rules. (3) On the person being brought before the Tribunal, the Tribunal must cause them to be informed of the contempt with which they are charged and thereafter adopt any procedure that the Tribunal thinks fit. s. 137 S. 137(4) substituted by No. 79/2006 s. 59(1). (4) The Bail Act 1977 applies, with any necessary modifications, to and in respect of a person brought before the Tribunal under this section as if— (a) the person were accused of an offence and were being held in custody in relation to that offence; and (b) the Tribunal were a court within the meaning of that Act. (5) If the Tribunal finds that the person is guilty of contempt of the Tribunal, it may— S. 137(5)(a) amended by No. 10/2004 s. 15(Sch. 1 item 34.1). (a) in the case of a natural person, commit the person to prison for a term of not more than 5 years or impose a fine of not more than an amount that is 1000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 or do both; S. 137(5)(b) amended by No. 10/2004 s. 15(Sch. 1 item 34.2). (b) in the case of a corporation, impose a fine of not more than an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004. S. 137(5A) inserted by No. 79/2006 s. 59(2). (5A) In considering whether, and the term for which, to commit a person to prison for a contempt, the Tribunal may have regard to the provisions of Part 2 of the Sentencing Act 1991 as if it were a
Sch. 1 cl. 5 substituted by No. 48/2006 s. 35. 5 Constitution of Tribunal In a proceeding under section 42, 118, 158 or 333 of the Children, Youth and Families Act 2005, 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, child welfare matters. New Sch. 1 cl. 6 inserted by No. 48/2006 s. 35. 6 Tribunal cannot alter time limits Sections 126(1) and 126(2)(a) do not apply to a proceeding in relation to a decision under Schedule 1 to the Children, Youth and Families Act 2005. Sch. 1 Pt 4 (Heading and cl. 6) repealed by No. 48/2006 s. 35. * * * * * 5—CREDIT ENACTMENTS 7 Constitution of Tribunal in certain proceedings In a proceeding under section 85 or 86 of the Credit Act 1984 or section 101 of the Consumer Credit (Victoria) Code, a party may require that the Tribunal be constituted by a presidential member, whether with or without others. 8 Representation Sch. 1 (1) A natural person who is a party to a proceeding under a credit enactment may be represented in that proceeding by— (a) the Director; or
Sch. 1 cl. 16 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 16 Notification in proceedings for interim orders (1) If an application is made under section 121 of the Equal Opportunity Act 2010 for an interim order, the principal registrar must notify the Commission. (2) Subclause (1) does not apply in the case of an application by the Commission under section 121 of the Equal Opportunity Act 2010. Sch. 1 cl. 17 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 17 Withdrawal of proceeding (1) Despite section 74(1), an applicant is not required to obtain the leave of the Tribunal to withdraw an application under the Equal Opportunity Act 2010. (2) Nothing in subclause (1) affects the Tribunal's power to award costs in any proceeding that is withdrawn. Sch. 1 cl. 18 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 18 Summary dismissal of application more than 12 months old Sch. 1 The Tribunal may make an order under section 76 summarily dismissing an application under the Equal Opportunity Act 2010 in respect of an alleged contravention of Part 4, 6 or 7 of that Act if the alleged contravention occurred more than 12 months before the application was made. Sch. 1 cl. 19 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 19 Commission may apply for interim injunction The Commission may apply for an order granting an interim injunction under section 123 in a proceeding under the Equal Opportunity Act 2010 whether or not the Commission is a party to that proceeding.
Sch. 1 cl. 20 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 20 Exemptions under section 89 (1) The Tribunal may determine to grant an exemption under section 89 of the Equal Opportunity Act 2010 without a hearing whether or not the parties agree to dispense with the hearing. (2) For the avoidance of doubt, an exemption under section 89 of the Equal Opportunity Act 2010 is not an order of the Tribunal. Sch. 1 cl. 21 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 21 Evidence of mediation not admissible even if parties agree (1) Evidence of anything said or done in the course of a mediation in a proceeding under the Equal Opportunity Act 2010 is not admissible in any hearing before the Tribunal in the proceeding, whether or not the parties agree to the giving of the evidence. (2) Section 92 does not apply to a proceeding under the Equal Opportunity Act 2010. Sch. 1 cl. 22 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 22 Settlement offers Sections 112 to 115 do not apply to a proceeding under the Equal Opportunity Act 2010. Sch. 1 cl. 23 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 23 Notification of commencement of inquiry under section 139(2)(c) (1) If a matter is referred to the Tribunal for inquiry under section 139(2)(c) of the Equal Opportunity Act 2010, the Tribunal may direct the principal registrar to notify any person who the Tribunal considers may have an interest in that matter. Sch. 1
Sch. 1 cl. 29A(a) amended by No. 6/2012 s. 52(a). (a) an agency or Minister or the Freedom of Information Commissioner makes a decision refusing to grant access to a document under the Freedom of Information Act 1982; and (b) a reason for the decision is that the document is an exempt document under section 33(1) of that Act because its disclosure would involve the unreasonable disclosure of information relating to the personal affairs of a person— the person to whom the information relates may intervene in a proceeding on an application under section 50(1)(a), (b), (d) or (e) or (3D) of that Act for review of the decision. Sch. 1 cl. 29B inserted by No. 7/2003 s. 45. 29B Powers of Tribunal (1) This clause applies to an application to the Tribunal for the review of a decision refusing to grant access to a document in accordance with a request, where— (a) the document is claimed to be an exempt document under section 29A of the Freedom of Information Act 1982; and (b) a certificate is in force in respect of the document under section 29A(2) of that Act. (2) The Tribunal shall, if the applicant so requests, determine the question whether there exist reasonable grounds for the claim referred to in subclause (1)(a). Sch. 1 cl. 29C inserted by No. 7/2003 s. 45. 29C Constitution of Tribunal for purposes of proceedings under clause 29B Sch. 1
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: 8.6.99 Commencement Date: 1.7.99: s. 2 : All of Act in operation Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999 Assent Date: 18.5.99 Commencement Date: S. 49 on 1.9.99: Government Gazette 19.8.99 p. 1901 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Freedom of Information (Miscellaneous Amendments) Act 1999, No. 57/1999 Assent Date: 21.12.99 Commencement Date: S. 12 on 1.1.00: s. 2 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Courts and Tribunals Legislation (Amendment) Act 2000, No. 1/2000 Assent Date: 28.3.00 Commencement Date: S. 10 on 29.3.00: s. 2(1) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 First Home Owner Grant Act 2000, No. 5/2000 Endnotes Assent Date: 11.4.00 Commencement Date: S. 55 on 1.7.00: s. 2 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Business Registration Acts (Amendment) Act 2000, No. 35/2000
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) Assent Date: 27.4.10 Commencement Date: Ss 205–208 on 1.8.11: s. 2(4) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010 Assent Date: 1.6.10 Commencement Date: S. 32 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 State Taxation Acts Amendment Act 2010, No. 36/2010 Assent Date: 15.6.10 Commencement Date: S. 21 on 16.6.10: s. 2(1) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Endnotes Pharmacy Regulation Act 2010, No. 39/2010 Assent Date: 30.6.10 Commencement Date: S. 131 on 24.8.10: Government Gazette 12.8.10 p. 1759 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Traditional Owner Settlement Act 2010, No. 62/2010 Assent Date: 21.9.10 Commencement Date: S. 129 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010 Assent Date: 28.9.10 Commencement Date: S. 80 on 1.1.11: Government Gazette 14.10.10 p. 2404 Current State: This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Justice Legislation Further Amendment Act 2010, No. 64/2010