applicant means— (a) a person who makes an application; or (b) a person who requests or requires a matter to be referred to the Tribunal; Business Licensing Authority means Business Licensing Authority established under Part 2 of the Business Licensing Authority Act 1998; Chief Judge means Chief Judge of the County Court; Chief Justice means Chief Justice of the Supreme Court; child means a person under 18 years of age; decision-maker means a person who makes, or is deemed to have made, a decision under an enabling enactment; Deputy President means Deputy President of the Tribunal; S. 3 def. of Director substituted by No. 17/1999 s. 49(1). Director means the Director within the meaning of the Fair Trading Act 1999; enabling enactment means an enactment by or under which jurisdiction is conferred on the Tribunal; s. 3 enactment means— (a) an Act; or (b) a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984; full-time member means the President, a Vice President, a Deputy President or a senior or ordinary member who is appointed on a basis;
(c) if it is constituted by 3, 4 or 5 members, at least 2 members who have sound knowledge of, and experience in, Aboriginal cultural heritage. PART 2—ACCIDENT COMPENSATION ACT 1985 3 Privilege Section 129I(5) of the Accident Compensation Act 1985 prevails over section 106(1) of this Act to the extent of any inconsistency between them. 4 Powers of Tribunal on review of assessment or amendment of contributions Sch. 1 Section 51(2)(d) does not apply in a proceeding for review of an assessment or amendment under section 129G of the Accident Compensation Act 1985. Sch. 1 Pt 2A (Heading and cls 4A, 4B) inserted by No. 76/2008 s. 159. 2008 Sch. 1 cl. 4A inserted by No. 76/2008 s. 159. 4A Fees Despite section 68, no fee is payable in respect of an application under the Assisted Reproductive Treatment Act 2008. Sch. 1 cl. 4B inserted by No. 76/2008 s. 159. 4B Constitution of Tribunal for hearings The Tribunal is to be constituted for the purposes of reviewing a decision under Division 2 of Part 9 of the Assisted Reproductive Treatment Act 2008 by at least 3 members, of whom at least one must be a woman. TREATMENT PART
(iii) any submission made to the Tribunal at that hearing. 30 Tribunal file in FOI proceeding not open for inspection Sch. 1 Despite anything to the contrary in section 146, the file kept by the principal registrar under that section in a proceeding under the Freedom of Information Act 1982 is not open for inspection or copying by any person. PART 9—GUARDIANSHIP AND ADMINISTRATION ACT 1986 Sch. 1 cl. 31 amended by No. 101/1998 s. 23(b)(ii). 31 Constitution of Tribunal for proceedings Sch. 1 cl. 31(1) amended by No. 64/2010 s. 33(1). (1) Section 64(2)(a) does not apply to a proceeding under the Guardianship and Administration Act 1986, other than a proceeding for a temporary order under Division 4 of Part 4 or Division 4 of Part 5 or for an order or temporary order under Part 5A. (2) The Tribunal is to be constituted for the purposes of a proceeding for a temporary order under Division 4 of Part 4 or Division 4 of Part 5 of the Guardianship and Administration Act 1986 by— (a) a presidential member; or (b) a member who is a legal practitioner— sitting alone. Sch. 1 cl. 31(3) inserted by No. 78/2000 s. 11(2). (3) The Tribunal is to be constituted for the purposes of a rehearing under Division 1 of Part 6 of the Guardianship and Administration Act 1986 by—
Sch. 1 Pt 23 (Heading and cls 101–103) inserted by No. 57/2005 s. 52. PART 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. 102 Review of category 2 application 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 have regard to— (a) any matter to which the Secretary may have regard under section 13(2) of that Act; and (b) whether, in all the circumstances, it is in the public interest to give an assessment notice. Sch. 1 cl. 103 inserted by No. 57/2005 s. 52. 103 Review of category 3 application If the proceeding relates to the giving of a negative notice on a category 3 application within the meaning of the Working with Children Act 2005 the Tribunal must have regard to— (a) any matter to which the Secretary may have regard under section 14(3) of that Act; and Sch. 1 (b) whether, in all the circumstances, it is in the public interest to give an assessment notice. _______________ Sch. ended by No. 45/2002 s. 102. SCHEDULE 2 Sch. 2
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 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 Assent Date: 28.9.10 Commencement Date: S. 33 on 28.10.10: Government Gazette 21.10.10 p. 2530; s. 68 on 1.11.10: Government Gazette 21.10.10 p. 2530 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010