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; enactment means— (a) an Act; or (b) a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984;
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; 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;
7 Act binds the Crown (1) This Act binds the Crown in right of and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) However, nothing in this Act makes the Crown in any of its capacities liable for an offence. Division 1—Establishment and membership 8 Establishment of Tribunal (1) The Victorian Civil and Administrative Tribunal is established. (2) The Tribunal must have an official seal, which is to be kept in such custody as the Tribunal directs and is only to be used as authorised by the Tribunal. S. 8(3) inserted by No. 23/2014 s. 5. (3) The Tribunal consists of— (a) a President; and (b) the Vice Presidents, Deputy Presidents, senior members and ordinary members; and (c) the principal registrar and registrars referred to in section 32. S. 9 repealed by No. 23/2014 s. 6. * * * * * 10 President S. 10(1) amended by No. 5/2013 s. 70. (1) The President must be a judge of the Supreme Court (other than a reserve Judge of the Supreme
(c) must be lodged in the manner specified in the rules. (2) The rules may require an application to be verified by statutory declaration or in any other manner. (3) Two or more persons entitled to make an application to the Tribunal may make a joint application. (4) The principal registrar must give reasonable assistance on request to a person in formulating an application. 68 Application fee (1) An applicant must pay the prescribed fee (if any) for the application. (2) The principal registrar may determine the fee payable for a joint application as if a separate application had been made by each person who makes the joint application. S. 68(3) amended by No. 51/2000 s. 18(1). (3) If the fee is not paid at the time the application is lodged, the Tribunal is to take no further action in respect of the application (other than action referred to in subsection (4)) until— (a) the fee is paid; or (b) the fee is waived under section 132; or (c) if the fee is reduced under section 132, the reduced fee is paid. S. 68(3A) inserted by No. 20/2015 s. 17(1). (3A) Subsection (3) does not apply in respect of an application for which payment of the fee is postponed. S. 68(4) substituted by No. 51/2000 s. 18(2). (4) If the fee is not paid within 30 days after the day on which the application is lodged, the Tribunal may make an order striking out the proceeding, unless—
S. 137(10) amended by No. 51/2000 s. 26(a). (10) A power conferred on the Tribunal by this section is exercisable only by a judicial member. S. 137(11) repealed by No. 51/2000 s. 26(b). * * * * * 138 Appeal against punishment for contempt S. 138(1) amended by No. 68/2009 s. 97(Sch. item 131.1(a)). (1) A person who is committed to prison or fined under section 137 may, with the leave of the Court of Appeal, appeal to the Court of Appeal in accordance with Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 against the punishment as if— (a) they were a person convicted on indictment in the Trial Division of the Supreme Court; and S. 138(1)(b) amended by No. 68/2009 s. 97(Sch. item 131.1(b)). (b) the punishment imposed were the sentence imposed on their conviction. (2) The operation of any order made under section 137 imposing punishment is stayed for 14 days after its making and, if notice of application for leave to appeal to the Court of Appeal against it is given within that period, the stay continues until the appeal is determined. S. 138(3) amended by No. 68/2009 s. 97(Sch. item 131.2). (3) Despite anything to the contrary in Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009, as applied by subsection (1), the Court of Appeal does not have power to give leave to extend the time within which notice of application for leave to appeal may be given.
Sch. 1 Pt 2AB (Heading and cls 4C–4J) inserted by No. 21/2012 s. 239(Sch. 6 item 46.3). Part 2AB—Australian Consumer Law and Fair Trading Act 2012 Sch. 1 cl. 4C inserted by No. 21/2012 s. 239(Sch. 6 item 46.3). 4C What is a small claim? In this Part small claim has the meaning that it has in Chapter 7 of the Australian Consumer Law and Fair Trading Act 2012. Sch. 1 cl. 4D inserted by No. 21/2012 s. 239(Sch. 6 item 46.3). 4D Representation (1) A party to a proceeding relating to a small claim may be represented by a professional advocate only if— (a) the Tribunal is satisfied that no other party to the proceeding will be unfairly disadvantaged if the representation is allowed; and (b) either— (i) all parties to the proceeding agree; or (ii) the Tribunal directs that the representation be allowed. (2) Section 62(1)(b) does not apply to a proceeding relating to a small claim. Sch. 1 cl. 4E inserted by No. 21/2012 s. 239(Sch. 6 item 46.3). 4E Withdrawal of application Despite section 74(1), a person who lodges an application relating to a small claim may withdraw that application without the leave of the Tribunal.
Sch. 1 cl. 4F inserted by No. 21/2012 s. 239(Sch. 6 item 46.3). 4F Tribunal cannot extend time for commencing proceedings Section 126(1) does not apply to a proceeding relating to a small claim. Sch. 1 cl. 4G inserted by No. 21/2012 s. 239(Sch. 6 item 46.3). 4G Member of Tribunal can mediate (1) Section 88(6) does not apply to a proceeding relating to a small claim. (2) If the mediator is a member of the Tribunal a party may object to the mediator constituting the Tribunal (whether with or without others) for the purpose of hearing the proceeding. (3) An objection under subclause (2) must be made to the Tribunal before or at the commencement of the hearing. Sch. 1 cl. 4H inserted by No. 21/2012 s. 239(Sch. 6 item 46.3). 4H Resolution of objection to certain members constituting the Tribunal (1) If a party to a proceeding relating to a small claim objects to the member who presided over a compulsory conference in the proceeding, or to a mediator in the proceeding, constituting the Tribunal for the purpose of hearing the proceeding (whether with or without others), the Tribunal must determine whether or not the member may continue to constitute the Tribunal for that purpose. (2) For the purpose of making a determination under subclause (1), the Tribunal may be constituted (whether with or without others) by the member against whom the objection was made. (3) Section 86(3) does not apply to a proceeding relating to a small claim.
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 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. 46C inserted by No. 99/2004 s. 8.1.3, amended by No. 28/2007 s. 3(Sch. item 70), repealed by No. 17/2014 s. 160(Sch. 2 item 105.9(e)). * * * * * Sch. 1 cl. 46D inserted by No. 99/2004 s. 8.1.3. 46D Costs in disciplinary matters Sch. 1 cl. 46D(1) repealed by No. 17/2014 s. 160(Sch. 2 item 105.9(e)). * * * * * Sch. 1 cl. 46D(2) amended by No. 17/2014 s. 160(Sch. 2 item 105.9(f)). (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 Victorian Legal Services Commissioner and the complainant (if any)) unless the Tribunal is satisfied that exceptional circumstances exist. Sch. 1 cl. 46D(3) amended by No. 17/2014 s. 160(Sch. 2 item 105.9(f)). (3) The Tribunal must not make an order for costs against the Victorian Legal Services Commissioner unless satisfied that special circumstances make it appropriate to do so. Sch. 1 cl. 46D(4) amended by No. 17/2014 s. 160(Sch. 2 item 105.9(g)). (4) Section 109 does not apply to a proceeding under Division 3 of Part 5.4 of the Legal Profession Uniform Law (Victoria).
Sch. 1 Pt 15 (Heading) amended by No. 63/2006 s. 61(Sch. item 32.1). Part 15—Mineral Resources (Sustainable Development) Act 1990 Sch. 1 cl. 51 amended by No. 63/2006 s. 61(Sch. item 32.2). 51 Costs Nothing in section 109 applies to a proceeding under the Mineral Resources (Sustainable Development) Act 1990. Sch. 1 Pt 15AA (Heading and cls inserted by No. 49/2005 s. 67(2). Part 15AA—Owner Drivers and Forestry Contractors Act 2005 Sch. 1 cl. 51AA inserted by No. 49/2005 s. 67(2). 51AA Representation In a proceeding under Part 5 of the Owner Drivers and Forestry Contractors Act 2005, a party may be represented by— (a) a professional advocate; or (b) the party's negotiating agent (within the meaning of that Act); or (c) in the case of a party that is a association, including a trade union, that represents contractors or a class of contractors; or (d) in the case of a party that is a association that represents hirers or a class of hirers.
Sch. 1 cl. 66AB inserted by No. 60/2014 s. 139. 66AB Intervention by Commissioner The Commissioner may intervene at any time in a proceeding under the Privacy and Data Protection Act 2014. Sch. 1 cl. 66AC inserted by No. 60/2014 s. 139. 66AC Notification in other proceedings (1) If an application is made under section 72 (interim order) or a referral under section 65 (Minister's referral) of the Privacy and Data Protection Act 2014, the principal registrar must notify the Commissioner. (2) Subclause (1) does not apply in the case of an application by the Commissioner under section 72 of the Privacy and Data Protection Act 2014. Sch. 1 cl. 66AD inserted by No. 60/2014 s. 139. 66AD Commissioner may apply for interim injunction The Commissioner may apply for an order granting an interim injunction under section 123 in a proceeding under the Privacy and Data Protection Act 2014 whether or not the Commissioner is a party to that proceeding. Sch. 1 cl. 66AE inserted by No. 60/2014 s. 139. 66AE Compulsory conference The presiding member at a compulsory conference in a proceeding under the Privacy and Data Protection Act 2014 may refer any matter to the Commissioner for investigation, negotiation or conciliation. Sch. 1 cl. 66AF inserted by No. 60/2014 s. 139. 66AF Settlement offers Sections 112 to 115 do not apply to a proceeding under the Privacy and Data Protection Act 2014.
Sch. 1 cl. 66I inserted by No. 16/2010 s. 208 (as amended by No. 26/2011 s. 34(Sch. items 9.9, 9.10)). 66I Unincorporated associations can be parties (1) Section 61(1) does not apply to a proceeding under the Racial and Religious Tolerance Act 2001. Note Section 21 of the Racial and Religious Tolerance Act 2001 contains provisions for unincorporated associations in proceedings under that Act. (2) An unincorporated association that is a party to a proceeding under the Racial and Religious Tolerance Act 2001 has the same right to representation in the proceeding as a body corporate. Sch. 1 cl. 66J inserted by No. 16/2010 s. 208 (as amended by No. 26/2011 s. 34(Sch. items 9.9, 9.10)). 66J 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 Racial and Religious Tolerance Act 2001. (2) Nothing in subclause (1) affects the Tribunal's power to award costs in any proceeding that is withdrawn. Sch. 1 cl. 66K inserted by No. 16/2010 s. 208 (as amended by No. 26/2011 s. 34(Sch. items 9.9, 9.10)). 66K Summary dismissal of application more than 12 months old The Tribunal may make an order under section 76 summarily dismissing an application under the Racial and Religious Tolerance Act 2001 in respect of an alleged contravention of Part 2 of that Act if the alleged contravention occurred more than 12 months before the application was made.
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 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: 6.6.00 Commencement Date: S. 53 on 19.6.00: Government Gazette 15.6.00 p. 1248 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Courts and Tribunals Legislation (Further Amendment) Act 2000, No. 51/2000
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 Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 24) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010 Assent Date: 19.10.10 Commencement Date: S. 37(Sch. item 5) on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, No. 6/2012 Assent Date: 6.3.12 Commencement Date: S. 52 on 1.12.12: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Associations Incorporation Reform Act 2012, No. 20/2012 Assent Date: 1.5.12 Commencement Date: S. 226(Sch. 5 item 25) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998
Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 46) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Disability Amendment Act 2012, No. 22/2012 Assent Date: 8.5.12 Commencement Date: Ss 87, 88 on 1.7.12: s. 2(2) : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Health Professions Registration (Repeal) Act 2012, No. 27/2012 Assent Date: 29.5.12 Commencement Date: S. 28 on 1.7.12: s. 2 Current State: This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Working with Children Amendment Act 2012, No. 61/2012 Assent Date: 23.10.12 Commencement Date: Ss 17, 18 on 31.12.12: s. 2(2) Current State: This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Local Government Legislation Amendment (Miscellaneous) Act 2012, No. 63/2012 Assent Date: 30.10.12 Commencement Date: Ss 31, 32 on 31.10.12: s. 2(1) Current State: This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012 Assent Date: 18.12.12 Commencement Date: Ss 41–46 on 15.5.13: Special Gazette (No. 156) 23.4.13 p. 1 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013 Assent Date: 26.2.13 Commencement Date: Ss 69–77 on 27.2.13: s. 2(1) Current State: This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998
Company Titles (Home Units) Act 2013, No. 19/2013 Assent Date: 23.4.13 Commencement Date: S. 20 on 1.10.13: Special Gazette (No. 337) 24.9.13 p. 1 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998 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 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 Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 105) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 : This information relates only to the provision/s amending the Victorian Civil and Administrative Tribunal Act 1998