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), amended by No. 21/2012 s. 239(Sch. 6 item 46.1). Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012; 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;
S. 3 def. of part-time service arrangement inserted by No. 62/2014 s. 46(a). part-time service arrangement means an arrangement entered into under section 18A; S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 177.1). police officer has the same meaning as in the Victoria Police Act 2013; President means President of the Tribunal; presidential member means the President, a Vice President or a Deputy President; s. 3 presiding member, in a proceeding, means— (a) if the Tribunal in that proceeding is constituted by a single member—that member; or (b) in any other case—the member who presides in that proceeding, as determined in accordance with section 65; S. 3 def. of proceeding amended by Nos 78/2000 s. 11(1)(a), 43/2006 s. 47(Sch. item 8.1), substituted by No. 16/2010 s. 205(b) (as amended by No. 26/2011 s. 30(2)). proceeding means a proceeding in the Tribunal, including— (a) an inquiry conducted by the Tribunal, including an inquiry under section 141 of the Equal Opportunity Act 2010; or (b) a compulsory conference under section 83; or (c) a mediation under section 88; or (d) a rehearing or reassessment under Part 6 of the Guardianship and Administration Act 1986;
S. 16(9) inserted by No. 62/2014 s. 48. (9) If a member's instrument of appointment indicates that the member is to commence undertaking the duties of office on a parttime basis, the member is taken to have entered into a part-time service arrangement, which may be varied or terminated accordingly. S. 16A inserted by No. 1/2000 s. 10. 16A Internal promotion of Tribunal members s. 16A (1) The Governor in Council, on the recommendation of the Minister, may appoint— (a) a senior member of the Tribunal as a Deputy President; (b) an ordinary member of the Tribunal as a senior member— for the remainder of the member's term of office. (2) The Minister may recommend the appointment of a member under subsection (1) only if— (a) the member is eligible for appointment as a Deputy President or senior member, as the case requires; and (b) the President has recommended the appointment to the Minister. S. 16B inserted by No. 62/2014 s. 26. 16B Amendment of appointment of sessional and nonsessional members (1) The Governor in Council may amend the appointment of a senior member or ordinary member who was appointed on a sessional basis so that the member's appointment continues on a non-sessional basis. (2) The Governor in Council may amend the appointment of a senior member or ordinary member who was appointed on a nonsessional basis so that the member's appointment continues on a sessional basis.
12 months ending on the preceding 30 June; and (b) proposals for improving the operation of, and forecasts of the workload of, the Tribunal in the following 12 month period. (2) The Minister must cause each report under subsection (1) to be laid before each House of the Parliament within 14 sitting days of that House after it is received by the Minister. 38 Where may the Tribunal sit? The Tribunal may sit at any place in . Pt 2 Div. 5 (Heading and s. 38A) inserted by No. 24/2007 s. 6. Division 5—Professional development and training S. 38A inserted by No. 24/2007 s. 6. 38A Professional development and training (1) The President is responsible for directing the professional development and continuing education and training of members. (2) In discharging his or her responsibility under subsection (1) the President may direct— (a) all members; or (b) a specified class of member; or (c) a specified member— to participate in a specified professional development or continuing education and training activity. s. 38 (3) A direction under subsection (2) may be given orally or in writing. _______________
(4) The rights conferred by this section are subject to— (a) any conditions specified in the rules; (b) any direction of the Tribunal to the contrary; S. 146(4)(c) amended by No. 58/2013 s. 61. (c) any order of the Tribunal under Part 5 of the Open Courts Act 2013; (d) any certificate under section 53 or 54. 147 Publication of determinations and orders For the guidance of those who may wish to bring proceedings, the Tribunal may publish from time to time reports or bulletins of important or typical determinations and orders made by it. s. 147 _______________ 148 Appeals from the Tribunal s. 148 S. 148(1) substituted by No. 62/2014 s. 23(1). (1) A party to a proceeding may appeal on a question of law from an order of the Tribunal in the proceeding— (a) if the Tribunal was constituted for the purpose of making the order by the President or a Vice President, whether with or without others, to the Court of Appeal with leave of the Court of Appeal; or (b) in any other case, to the Trial Division of the Supreme Court with leave of the Trial Division. PART
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), 62/2014 s. 40. 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; * * * * * (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); (h) section 56 of the Transport (Compliance and Miscellaneous) Act
Sch. 1 cl. 11H inserted by No. 2/2001 s. 117. 11H Health Services Commissioner may apply for interim injunction The Health Services Commissioner may apply for an order granting an interim injunction under section 123 in a proceeding under the Health Records Act 2001 whether or not he or she is a party to that proceeding. Sch. 1 cl. 11I inserted by No. 2/2001 s. 117. 11I Compulsory conference The presiding member at a compulsory conference in a proceeding under the Health Records Act 2001 may refer any matter to the Health Services Commissioner for investigation, negotiation or conciliation. Sch. 1 cl. 11J inserted by No. 2/2001 s. 117. 11J Settlement offers Sections 112 to 115 do not apply to a proceeding under the Health Records Act 2001. PART 6— CONTRACTS ACT 1995 Sch. 1 cl. 11K inserted by No. 34/2013 s. 35(Sch. 2 item 9.1). 11K Definitions In this Part— Building Practitioners Board means the Building Practitioners Board established under Division 3 of Part 11 of the Building Act 1993; Sch. 1 Victorian Building Authority means the Victorian Building Authority established under Division 2 of Part 12 of the Building Act 1993.
Sch. 1 cl. 46D inserted by No. 99/2004 s. 8.1.3. 46D Costs in disciplinary matters Sch. 1 (1) Subject to this clause, the costs of a proceeding under Division 4 or 5 of Part 4.4 of the Legal Profession Act 2004 are in the discretion of the Tribunal. (2) The Tribunal must make an order requiring an Australian legal practitioner whom it has found guilty of unsatisfactory professional conduct or professional misconduct to pay costs (including the costs of the Commissioner and the complainant (if any)) unless the Tribunal is satisfied that exceptional circumstances exist. (3) The Tribunal must not make an order for costs against the Commissioner unless satisfied that special circumstances make it appropriate to do so. (4) Section 109 does not apply to a proceeding under Division 4 or 5 of Part 4.4 of the Legal Profession Act 2004. (5) In this clause, Australian legal practitioner, Commissioner and complainant have the same meaning as in the Legal Profession Act 2004. Sch. 1 Pt 13B (Heading and cls 46E, 46F) inserted by No. 67/2008 s. 93. 1989 Sch. 1 cl. 46E inserted by No. 67/2008 s. 93. 46E Constitution of Tribunal (1) The Tribunal is to be constituted for the purposes of proceedings under sections 30, 81D, 81E and 81J(1)(b) of the Local Government Act 1989 by at least 2 members—
(d) in the case of a party that is a association that represents hirers or a class of hirers. Sch. 1 cl. 51AB inserted by No. 49/2005 s. 67(2). 51AB Costs (1) In determining whether to make an order for costs in a proceeding under the Owner Drivers and Forestry Contractors Act 2005, the Tribunal may have regard to whether a party refused to take part in, or withdrew from, alternative dispute resolution conducted under Part 5 of that Act. (2) Subclause (1) is in addition to the matters that the Tribunal may have regard to under section 109(3). Sch. 1 cl. 51AC inserted by No. 49/2005 s. 67(2). 51AC Effect of certain orders Section 118(1) does not apply to an order made under section 46 or 51 of the Owner Drivers and Forestry Contractors Act 2005. Sch. 1 Pt 15A (Heading and cl. 51A) inserted by No. 92/1998 s. 13, repealed by No. 61/2005 s. 223. * * * * * Sch. 1 Pt 15AB (Heading and cl. 51AD) inserted by No. 69/2006 s. 223. 2006 Sch. 1 cl. 51AD inserted by No. 69/2006 s. 223. 51AD Any member of Tribunal may make a declaration Sch. 1 Despite anything to the contrary in section 124, a declaration may be made in a proceeding under the Owners Corporations Act 2006 by the Tribunal constituted by any member.
Sch. 1 Pt 16A (Heading and cl. 66A) inserted by No. 71/2005 s. 6. PART 16A—PROPERTY LAW ACT 1958 Sch. 1 cl. 66A inserted by No. 71/2005 s. 6. 66A Constitution of Tribunal In a proceeding under Part IV of the Property Law Act 1958, the Tribunal is to be constituted by or is to include a member who, in the opinion of the President, has knowledge of or experience in property law matters. Sch. 1 Pt 16B (Heading and cls 66B–66G) inserted by No. 46/2008 s. 267. 2008 Sch. 1 cl. 66B inserted by No. 46/2008 s. 267. 66B Application of provisions These provisions apply in respect of any proceeding under section 122 of the Public Health and Wellbeing Act 2008. Sch. 1 cl. 66C inserted by No. 46/2008 s. 267. 66C Constitution of Tribunal The Tribunal is to be constituted by a presidential member. Sch. 1 cl. 66D inserted by No. 46/2008 s. 267. 66D Compulsory conferences, mediation and settlement not to apply Division 5 of Part 4 does not apply. Sch. 1 cl. 66E inserted by No. 46/2008 s. 267, substituted by No. 23/2014 s. 21(2). 66E Costs of Tribunal appointed experts Sch. 1 Despite clause 7(5) of Schedule 3, a person to whom the public health order applies is not responsible for the costs of a Tribunal appointed expert under clause 7 of that Schedule.
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
Evidence (Document Unavailability) Act 2006, No. 53/2006 Assent Date: 15.8.06 Commencement Date: S. 6 on 1.9.06: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006 Endnotes Assent Date: 29.8.06 Commencement Date: S. 61(Sch. item 32) on 30.8.06: s. 2(1) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Owners Corporations Act 2006, No. 69/2006 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
Assent Date: 11.12.08 Commencement Date: S. 13 on 11.12.08: s. 2(1) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Resources Industry Legislation Amendment Act 2009, No. 6/2009 Assent Date: 3.3.09 Commencement Date: S. 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 Equal Opportunity Amendment (Governance) Act 2009, No. 14/2009 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) 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
Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013 Assent Date: 18.6.13 Commencement Date: S. 35(Sch. 2 item 9) on 1.7.13: s. 2 Current State: This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Open Courts Act 2013, No. 58/2013 Assent Date: 22.10.13 Commencement Date: Ss 58–64 on 1.12.13: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Endnotes Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013 Assent Date: 6.11.13 Commencement Date: S. 80 on 1.1.14: Special Gazette (No. 431) 3.12.13 p. 1 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013 Assent Date: 12.11.13 Commencement Date: S. 649(Sch. 9 item 33) on 1.7.14: s. 2(1) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Court Services Victoria Act 2014, No. 1/2014 Assent Date: 11.2.14 Commencement Date: S. 76 on 1.7.14: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal Amendment Act 2014, No. 23/2014 Assent Date: 1.4.14 Commencement Date: Ss 4–22 on 2.6.14: Special Gazette (No. 159) 27.5.14 p. 1 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 177) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998
Vexatious Proceedings Act 2014, No. 42/2014 Assent Date: 17.6.14 Commencement Date: S. 108 on 31.10.14: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Privacy and Data Protection Act 2014, No. 60/2014 Assent Date: 2.9.14 Commencement Date: Ss 138, 139 on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014 Assent Date: 9.9.14 Commencement Date: Ss 25–45 on 10.9.14: s. 2(1); ss 46–52 on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 1; s. 23 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014, No. 66/2014 Assent Date: 9.9.14 Commencement Date: Ss 44, 45 on 26.10.14: Special Gazette (No. 330) 23.9.14 p. 2 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes Explanatory Details Endnotes