Version No. 060
Victorian Civil and Administrative Tribunal Act 1998
No. 53 of 1998
Version incorporating amendments as at 1 January 2009
table of provisions
Section Page
ii
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 1
3 Definitions 1
4 When does a person make a decision? 5
5 When are a person's interests affected by a decision? 7
6 When is a document in a person's possession? 7
7 Act binds the Crown 7
Part 2—Victorian Civil and Administrative Tribunal 8
Division 1—Establishment and membership 8
8 Establishment of Tribunal 8
9 Membership 8
10 President 8
11 Vice Presidents 9
11A Short-term Vice Presidents 10
12 Deputy Presidents 11
13 Senior members 11
14 Ordinary members 11
Division 2—General provisions relating to members 12
15 Applications for appointment 12
16 Appointment of members 13
16A Internal promotion of Tribunal members 13
17 Remuneration and allowances 13
17A Salary sacrifice 14
18 Prohibition on outside employment 15
19 Disclosure of interests 15
20 Resignation 16
21 Vacation of office 16
22 Suspension of non-judicial member 16
23 Investigation of non-judicial member 16
24 Removal of non-judicial member from office 18
25 Validity of proceedings 18
25A Member or former member may not represent a party 18
Division 3—Acting appointments 19
26 Acting President 19
27 Acting Vice President 20
28 Acting Deputy President 21
29 Additional acting judicial appointments 22
Division 4—Administration 24
30 Administrative functions of President and Vice Presidents 24
31 President to advise Minister 24
32 Employment of registrars and other staff 24
33 Delegation by President and Vice Presidents 25
34 Secrecy 25
35 Prohibition on secondary disclosures 27
36 Further restriction on disclosure 27
37 Annual report 28
38 Where may the Tribunal sit? 29
Division 5—Professional development and training 29
38A Professional development and training 29
Part 3—The Tribunal—Jurisdiction and Functions 30
Division 1—Introductory 30
39 Structure of Part 30
40 Jurisdiction of the Tribunal 30
41 What is original jurisdiction? 30
42 What is review jurisdiction? 30
Division 2—Original jurisdiction 31
43 How is original jurisdiction invoked? 31
44 Functions of the Tribunal 31
Division 3—Review jurisdiction 31
Subdivision 1—Obtaining reasons for decisions 31
45 Request for statement of reasons for decision 31
46 Decision-maker to give statement of reasons on request 32
47 The Tribunal may order statement of reasons to be given 33
Subdivision 2—Jurisdiction of the Tribunal 34
48 How is review jurisdiction invoked? 34
49 Decision-maker must lodge material 34
50 Effect of original decision pending review 35
51 Functions of Tribunal on review 36
52 Limitation of courts' jurisdiction in planning matters 38
Subdivision 3—Matters of privilege and policy 40
53 Cabinet documents 40
54 Crown privilege 40
55 Certain questions not required to be answered 41
56 Exclusion of general rules of public interest 42
57 Application of statements of policy 42
Part 4—The Tribunal—General Procedure 44
Division 1—Introduction 44
58 Structure of Part 44
Division 2—Parties 44
59 Who are the parties to a proceeding? 44
60 Joinder of parties 45
61 Unincorporated associations 45
62 Representation of parties 46
63 Interpreters 49
Division 3—Constitution of Tribunal 49
64 Constitution of Tribunal in proceedings 49
65 Who presides in a proceeding? 49
66 Opinions equally divided 50
Division 4—Preliminary procedure 50
67 How to make an application to the Tribunal 50
68 Application fee 51
69 Procedure where a matter is referred to the Tribunal 52
70 Referral fee 52
71 Principal registrar or the Tribunal may reject certain
applications 52
72 Notification of commencement 53
73 Intervention 54
74 Withdrawal of proceedings 55
75 Summary dismissal of unjustified proceedings 56
76 Summary dismissal for want of prosecution 57
77 More appropriate forum 57
78 Conduct of proceeding causing disadvantage 58
78A Application of Division 9 of Part III of Evidence Act 1958—Document unavailability 59
79 Security for costs 59
80 Directions 60
81 Obtaining information from third parties 60
82 Consolidation of proceedings 60
Division 5—Compulsory conferences, mediation and settlement 61
83 Compulsory conferences 61
84 Tribunal may require personal attendance at compulsory conference 62
85 Evidence inadmissible 62
86 Party may object to member hearing the proceeding 62
87 What happens if a party fails to attend a compulsory
conference? 63
88 Mediation 63
89 Tribunal or mediator may require personal attendance at mediation 64
90 What happens if mediation is successful? 64
91 What happens if mediation is unsuccessful? 64
92 Evidence inadmissible 64
93 Settlement of proceeding 64
Division 6—Referral to experts 65
94 Use of experts 65
95 Special referees 65
96 Referral of questions of law to Court 65
Division 7—Hearings 66
97 Tribunal must act fairly 66
98 General procedure 66
99 Notice of hearings 67
100 Method of conducting hearings 67
101 Hearings to be public unless otherwise ordered 68
102 Evidence 69
103 Authorisation of person to take evidence 69
104 Witness summons 70
105 Rule against self-incrimination does not apply 71
106 Other claims of privilege 71
107 Dealing with questions of law 72
108 Reconstitution of Tribunal 72
Division 8—Costs 73
109 Power to award costs 73
110 Costs of intervention 75
111 Amount of costs 75
112 Presumption of order for costs if settlement offer is rejected 77
113 Provisions regarding settlement offers 78
114 Provisions concerning the acceptance of settlement offers 78
115 Consequences if accepted offer is not complied with 79
Division 9—Orders 79
116 Form and service 79
117 Reasons for final orders 80
118 When does an order come into operation? 81
119 Correcting mistakes 81
120 Re-opening an order on substantive grounds 82
121 Enforcement of monetary orders 82
122 Enforcement of non-monetary orders 83
Division 10—General powers 83
123 Injunctions 83
124 Declarations 84
125 Advisory opinions 85
126 Extension or abridgment of time and waiver of compliance 85
127 Power to amend documents 86
128 Retention of documents and exhibits 86
129 Power of entry and inspection 87
130 Power to impose conditions and make further orders 88
131 Variation or revocation of procedural order or direction 88
132 Waiver of fees 88
Division 11—Offences 89
133 Non-compliance with order 89
134 Failing to comply with summons 90
135 Failing to give evidence 91
136 False or misleading information 91
137 Contempt 91
138 Appeal against punishment for contempt 94
139 Double jeopardy 94
Division 12—Service of documents 95
140 Service 95
141 When is service effective? 96
Division 13—General 97
142 Judicial notice 97
143 Immunity of participants 98
144 Register of proceedings 99
145 Principal registrar's certificate 100
146 Proceeding files 100
147 Publication of determinations and orders 101
Part 5—Appeals from the Tribunal 102
148 Appeals from the Tribunal 102
149 Tribunal may stay its order pending appeal 104
Part 6—Rules Committee 105
Division 1—Establishment of Rules Committee 105
150 Establishment of Committee 105
151 Functions 105
152 Membership 105
153 Appointment and terms of members 106
Division 2—Procedure of Rules Committee 107
154 Who presides at a meeting? 107
155 Quorum and meeting procedure 107
156 Validity of decisions 108
Division 3—Exercise of powers 108
157 Power to make rules 108
158 Practice notes 108
Part 7—Miscellaneous 109
159 Dealing with inconsistencies 109
160 Supreme Court—limitation of jurisdiction 109
161 Regulations 109
162 Transitional provision—Justice Legislation (Miscellaneous Amendments) Act 2006 110
163 Transitional provision—Justice Legislation (Further Amendment) Act 2006 110
______
SCHEDULES 111
SCHEDULE 1—Variations from Parts 3 and 4 for Various Proceedings 111
PART 1—INTRODUCTION 111
1 Purpose of Schedule 111
2 Definitions 111
Part1A—Aboriginal Heritage Act 2006 113
2A Constitution of Tribunal 113
PART 2—ACCIDENT COMPENSATION ACT 1985 113
3 Privilege 113
4 Powers of Tribunal on review of assessment or amendment
of contributions 114
PART 3—CHILDREN, YOUTH AND FAMILIES ACT 2005 114
5 Constitution of Tribunal 114
5A Repealed 114
6 Tribunal cannot alter time limits 114
PART 4—Repealed 114
PART 5—CREDIT ENACTMENTS 115
7 Constitution of Tribunal in certain proceedings 115
8 Representation 115
9 Referral to Director 115
10 Any member of Tribunal may make a declaration 116
11 Reasons must be requested at time of decision 116
Part 5AA—disability act 2006 116
11AA Application of provisions 116
11AB Representation 117
11AC Appointment of litigation guardian 117
11AD Fees 117
11AE Commencement 117
11AF Costs of expert 117
11AG Personal attendance 117
11AH Tribunal may allow certain persons to remain 117
11AI Restriction on access to information 118
PART 5A—HEALTH PROFESSIONS REGISTRATION
ACT2005 118
11A Constitution of Tribunal for hearings 118
PART 5B—HEALTH RECORDS ACT 2001 119
11F Intervention by Health Services Commissioner 119
11G Notification in other proceedings 119
11H Health Services Commissioner may apply for interim
injunction 119
11I Compulsory conference 119
11J Settlement offers 119
PART 6—DOMESTIC BUILDING CONTRACTS ACT 1995 120
12 Referral to Director, Building Commission or Building Practitioners Board 120
12A Tribunal may request information about domestic building dispute 120
PART 7—EQUAL OPPORTUNITY ACT 1995 120
13 Constitution of Tribunal in special complaint proceedings 120
14 Unincorporated associations can be parties 121
15 Commission is not a party to a review of its determination 121
16 Certain procedures and rights not to apply in respect of determinations regarding expediting a complaint 121
17 Joinder of parties 121
18 Notification of commencement in certain section 83 matters 122
19 Notification of commencement of inquiry under section158(3) 122
20 Notification in other proceedings 123
21 Withdrawal of proceeding 123
22 Commission may apply for interim injunction 123
23 Compulsory conference 123
24 Exemptions under section 83 124
25 Restriction on evidence in certain proceedings 124
26 Evidence of mediation not admissible even if parties agree 124
27 Costs of special complaint proceedings 124
28 Settlement offers 125
PART 7AA—FAIR TRADING ACT 1999 126
28AA What is a small claim? 126
28BB Representation 126
28CC Withdrawal of application 126
28DD Tribunal cannot extend time for commencing proceedings 126
28EE Member of Tribunal can mediate 127
28FF Resolution of objection to certain members constituting
the Tribunal 127
28GG Costs and security for costs 127
28HH Reasons must be requested at time of decision 128
PART 8—FREEDOM OF INFORMATION ACT 1982 128
29 Statement of reasons for decision 128
29A Person whose personal privacy is affected may intervene 128
29B Powers of Tribunal 129
29C Constitution of Tribunal for purposes of proceedings under clause 29B 129
29D Hearing of certain proceedings before the Tribunal 129
30 Tribunal file in FOI proceeding not open for inspection 130
PART 9—GUARDIANSHIP AND ADMINISTRATION
ACT1986 131
31 Constitution of Tribunal for proceedings 131
32 Notification of commencement 132
33 Public Advocate may intervene or be joined 132
34 Withdrawal of application does not preclude future application 132
35 Referral to administrators for report 133
36 Proceeding not invalidated by failure to give notice 133
37 Confidentiality of proceedings 133
38 Settlement offers 134
PART 10—HERITAGE ACT 1995 134
39 National Trust must be given opportunity to be heard 134
PART 11—HOUSE CONTRACTS GUARANTEE ACT 1987 134
40 Referral to Director, Building Commission or Building Practitioners Board 134
PART 11A—INFORMATION PRIVACY ACT 2000 135
40A Intervention by Privacy Commissioner 135
40B Notification in other proceedings 135
40C Privacy Commissioner may apply for interim injunction 135
40D Compulsory conference 136
40E Settlement offers 136
PART 12—INSTRUMENTS ACT 1958 136
40F Constitution of Tribunal for proceedings 136
41 Public Advocate may intervene or be joined 137
42 Referral to administrators for report 137
43 Proceeding not invalidated by failure to give notice 137
44 Confidentiality of proceedings 138
PART 13—LAND ACQUISITION AND COMPENSATION ACT1986 138
45 Documents to accompany application 138
46 Costs 139
PART 13A—LEGAL PROFESSION ACT 2004 139
46A More appropriate forum 139
46B Representation and appearances 139
46C Constitution of Tribunal for rehearings 140
46D Costs in disciplinary matters 140
Part 13B—Local Government Act 1989 141
46E Constitution of Tribunal 141
46F Costs 142
PART 14—MEDICAL TREATMENT ACT 1988 142
47 Public Advocate may intervene or be joined 142
48 Referral to administrators for report 142
49 Proceeding not invalidated by failure to give notice 142
50 Confidentiality of proceedings 143
PART 15—MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 143
51 Costs 143
PART 15AA—OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 144
51AA Representation 144
51AB Costs 144
51AC Effect of certain orders 144
PART 15A—Repealed 145
51A Repealed 145
Part 15AB—Owners CorporationS Act2006 145
51AD Any member of Tribunal may make a declaration 145
PART 16—PLANNING ENACTMENTS 145
52 Constitution of Tribunal 145
53 Decision-maker not obliged to give reasons 146
54 Decision-maker not obliged to lodge documents 146
55 Further notice if there is a failure to comply with legislation 146
56 Parties to lodge grounds 146
57 Intervention 147
58 Minister's call in powers in Planning and Environment Act matters 148
59 Call in powers in other planning matters 149
60 Tribunal may refer planning matters to Governor in Council 151
61 Effect of referral to Governor in Council 151
62 Tribunal may disregard failures to comply 152
62A Support person 152
63 Costs 153
64 Amendment of application 153
65 Extension of time 154
66 Questions of law 155
PART 16A—PROPERTY LAW ACT 1958 155
66A Constitution of Tribunal 155
PART 17—RESIDENTIAL TENANCIES ACT 1997 156
67 Representation 156
68 Notification not required for certain applications 156
69 Withdrawal of application 156
70 Member of Tribunal can mediate 156
71 Resolution of objection to certain members constituting the Tribunal 157
72 Referral to Director 157
73 Amendment of application 158
73A Evidence 158
73B Alternative arrangements for giving evidence 158
74 Evidence before Tribunal cannot be used in criminal
proceedings 160