S. 11A(2A) inserted by No. 14/2006 s. 22(4), amended by No. 5/2013 s. 72(1)(c). (2A) In appointing a reserve judge as a Vice President, the Minister may from time to time require that judge to undertake the duties of a Vice President on a full-time or part-time basis, including a sessional basis. S. 11A(3) amended by Nos 14/2006 s. 22(2)(5), 5/2013 s. 72(1)(c). (3) A reserve judge may only be appointed as a Vice President after the Minister has consulted the Chief Judge or the Chief Justice, as the case requires. S. 11A(4) amended by Nos 14/2006 s. 22(2), 5/2013 s. 72(1)(d). (4) The appointment of a reserve judge as a Vice President does not affect his or her tenure of office or status as a reserve judge nor any pension or other rights or privileges that he or she has as a reserve judge. S. 11A(5) amended by Nos 14/2006 s. 22(6), 5/2013 s. 72(1)(e). (5) Service in the office of Vice President must be taken for all purposes to be service in the office of reserve judge. S. 11A(6) substituted by No. 5/2013 s. 72(2). (6) A reserve judge appointed under this section may only exercise powers of a Vice President when the reserve judge is engaged under section 81B of the Constitution Act 1975, or section 12B of the County Court Act 1958, to undertake the duties of a judge of the applicable court. 12 Deputy Presidents (1) As many Deputy Presidents as are required for the proper functioning of the Tribunal shall be appointed. (2) A person is not eligible for appointment as a Deputy President unless he or she is a person who has been admitted to legal practice in for not less than 5 years.
(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).
(b) a person authorised by the association who is not a member. (3) The Tribunal may require a person referred to in subsection (2)(b) who seeks to make a submission to produce a certificate of authorisation from the unincorporated association signed by the president, secretary or other similar officer of the association. 62 Representation of parties s. 61 (1) In any proceeding a party— (a) may appear personally; or (b) may be represented by a professional advocate if— (i) the party is a person referred to in subsection (2); or (ii) another party to the proceeding is a professional advocate; or (iii) another party to the proceeding who is permitted under this section to be represented by a professional advocate is so represented; or (iv) all the parties to the proceeding agree; or (c) may be represented by any person (including a professional advocate) permitted or specified by the Tribunal. (2) The following persons may be represented by a professional advocate in a proceeding— (a) a child; (b) a municipal council; (c) the State or a Minister or other person who represents the State;
S. 73(2A)(b) amended by No. 49/2005 s. 67(1)(a), substituted by No. 72/2010 s. 48(Sch. item 24). (b) under section 22 of the Australian Consumer Law (Victoria); or S. 73(2A)(c) inserted by No. 49/2005 s. 67(1)(b). (c) under the Owner Drivers and Forestry Contractors Act 2005. S. 73(2B) inserted by No. 6/2003 s. 16. (2B) If the Small Business Commissioner intervenes in proceedings referred to in subsection (2A), he or she becomes a party to the proceedings and has all the rights (including rights of appeal) of such a party. S. 73(2C) inserted by No. 100/2005 s. 15, repealed by No. 21/2009 s. 6. * * * * * (3) The Tribunal may give leave at any time for a person to intervene in a proceeding subject to any conditions the Tribunal thinks fit. S. 73(4) inserted by No. 62/2014 s. 30. (4) A person (other than the Small Business Commissioner) who is entitled under this Act or an enabling enactment to intervene in a proceeding and who does intervene is entitled to be joined as a party to the proceeding. 74 Withdrawal of proceedings s. 74 (1) If the Tribunal gives leave, an applicant may withdraw an application or referral before it is determined by the Tribunal. (2) If an applicant withdraws an application or referral—
Sch. 1 cl. 15 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 15 Notification of commencement in certain section 89 matters Sch. 1 (1) If the Tribunal proposes to grant, renew or revoke an exemption under section 89 of the Equal Opportunity Act 2010 on its own initiative, it must notify, in any manner it thinks fit, all persons whose interests, in the opinion of the Tribunal, may be affected by the proposed grant, renewal or revocation. (2) For the purposes of subclause (1)— (a) interests means interests of any kind and is not limited to proprietary, economic or financial interests; (b) a reference to interests affected includes a reference to interests that are directly or indirectly affected and whether or not any other person's interests are also affected by the proposed grant, renewal or revocation. 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.
(b) is entitled to be joined as a party— in a proceeding under Division 1 of Part 4 of that Act. PART 11—HOUSE CONTRACTS GUARANTEE ACT 1987 Sch. 1 cl. 40 (Heading) inserted by No. 68/2001 s. 20(3), amended by No. 34/2013 s. 35(Sch. 2 item 9.7). 40 Referral to Director, Victorian Building Authority or Building Practitioners Board Sch. 1 Sch. 1 cl. 40(1) amended by Nos 68/2001 s. 20(4), 34/2013 s. 35(Sch. 2 item 9.8). (1) The Tribunal may request the Director, the Victorian Building Authority or the Building Practitioners Board to investigate any matter that arises in a proceeding under the House Contracts Guarantee Act 1987. Sch. 1 cl. 40(2) amended by No. 34/2013 s. 35(Sch. 2 item 9.9). (2) The Director, Authority or Board may investigate a matter on request under subclause (1) and, if the Director, Authority or Board does so, they must report on the investigation to the Tribunal. Sch. 1 Pt 11A (Heading and cls 40A–40E) inserted by No. 98/2000 s. 78, repealed by No. 60/2014 s. 138. * * * * * PART 12—INSTRUMENTS ACT 1958 Sch. 1 cl. 40F inserted by No. 75/2003 s. 6. 40F Constitution of Tribunal for proceedings The Tribunal is to be constituted for the purposes of a rehearing under Subdivision 2 of Division 6 of Part XIA of the Instruments Act 1958 by—
Sch. 1 cl. 66F inserted by No. 46/2008 s. 267. 66F Restriction on access to information Despite anything to the contrary in this Act, the Tribunal may order that the person to whom the public health order applies not hear any particular evidence or be permitted to inspect a submission or other document if the Tribunal is of the opinion that it is necessary to do so to prevent serious harm to the health or wellbeing of that person or of any other person. Sch. 1 cl. 66G inserted by No. 46/2008 s. 267. 66G Confidentiality of proceeding (1) Unless the Tribunal orders otherwise, a person must not publish or broadcast or cause to be published or broadcast any report of a proceeding that identifies, or could reasonably lead to the identification of, a party to the proceeding. 20 penalty units. (2) The Tribunal may make an order under subclause (1) only if it considers that it would be in the public interest to do so. (3) An order of the Tribunal under subclause (1) must specify that pictures are not to be taken of any party to the proceeding. Sch. 1 Pt 16C (Heading and cls 66H–66M) inserted by No. 16/2010 s. 208 (as amended by No. 26/2011 s. 34(Sch. items 9.9, 9.10)). Sch. 1 PART 16C—RACIAL AND RELIGIOUS TOLERANCE ACT 2001 Sch. 1 cl. 66H inserted by No. 16/2010 s. 208 (as amended by No. 26/2011 s. 34(Sch. items 9.9, 9.10)). 66H Meaning of Commission In this Part— Commission means the Victorian Equal Opportunity and Human Rights Commission.
Assent Date: 22.10.02 Commencement Date: Ss 101, 102 on 1.7.03: Government Gazette 5.6.03 p. 1287 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Retail Leases Act 2003, No. 4/2003 Assent Date: 15.4.03 Commencement Date: S. 123 on 1.5.03: s. 2(5) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Small Business Commissioner Act 2003, No. 6/2003 Endnotes Assent Date: 15.4.03 Commencement Date: S. 16 on 1.5.03: 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Terrorism (Community Protection) Act 2003, No. 7/2003 Assent Date: 15.4.03 Commencement Date: S. 45 on 16.4.03: s. 2(1) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Fair Trading (Amendment) Act 2003, No. 30/2003 Assent Date: 27.5.03 Commencement Date: Ss 79, 80 on 9.10.03: Government Gazette 9.10.03 p. 2589 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Instruments (Enduring Powers of Attorney) Act 2003, No. 75/2003 Assent Date: 21.10.03 Commencement Date: Ss 6, 7 on 1.4.04: Government Gazette 19.2.04 p. 333 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Monetary Units Act 2004, No. 10/2004
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: 2.9.08 Commencement Date: S. 267 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Family Violence Protection Act 2008, No. 52/2008 Assent Date: 23.9.08 Commencement Date: Ss 268, 269 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provisions amending the Victorian Civil and Administrative Tribunal Act 1998 Local Government Amendment (Councillor Conduct and Other Matters) Act 2008, No. 67/2008 Endnotes Assent Date: 18.11.08 Commencement Date: S. 93 on 19.11.08: s. 2(1) : This information relates only to the provisions amending the Victorian Civil and Administrative Tribunal Act 1998 Assisted Reproductive Treatment Act 2008, No. 76/2008 Assent Date: 11.12.08 Commencement Date: S. 159 on 1.1.10: s. 2(3) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Courts Legislation Amendment ( and Other Matters) Act 2008, No. 78/2008 Assent Date: 11.12.08 Commencement Date: Ss 18–20 on 31.12.09: s. 2(3) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008
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