Victorian Civil and Administrative Tribunal (Amendment No. 11) Rules 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Victorian Civil and Administrative Tribunal (Amendment No. 11) Rules 2014 S.R. No. 133/2014 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 New Order 9 inserted 2 ORDER 9—EXERCISE OF FUNCTIONS OF TRIBUNAL BY PRINCIPAL REGISTRAR 2 9.01 Principal registrar may exercise certain Tribunal functions 2 9.02 Delegation of functions by principal registrar under section 32A of the Act 4 6 Review and Regulation List 4 7 Human Rights List 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 133/2014 Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal (Amendment No. 11) Rules 2014 The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules: 1 Object The object of these Rules is to amend the Victorian Civil and Administrative Tribunal Rules 2008— (a) to provide for performance of certain functions of the Tribunal by the Principal Registrar; and (b) to allocate enactments to Lists. 2 Authorising provisions These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers. 3 Commencement These Rules come into operation on 1 October 2014. 4 Principal Rules In these Rules, the Victorian Civil and Administrative Tribunal Rules 20081 are called the Principal Rules. -- 2 of 6 -- S.R. No. 133/2014 Victorian Civil and Administrative Tribunal (Amendment No. 11) Rules 2014 Authorised by the Chief Parliamentary Counsel 2 5 New Order 9 inserted After Order 8 of the Principal Rules insert— "ORDER 9—EXERCISE OF FUNCTIONS OF TRIBUNAL BY PRINCIPAL REGISTRAR 9.01 Principal registrar may exercise certain Tribunal functions For the purposes of section 157A of the Act, the Tribunal constituted by the principal registrar may perform the following functions of the Tribunal for proceedings in the Lists in the Civil Division and the Human Rights Division— (a) striking out of a proceeding with a right to apply for reinstatement where the parties have settled a matter; (b) striking out of a proceeding with a right to apply for reinstatement for failure to pay the correct fee; (c) striking out of a proceeding with a right to apply for reinstatement where service of an application is not effected; (d) reinstatement of a matter struck out for failure to pay the correct fee where the correct fee is subsequently paid; (e) reinstatement of a matter struck out for service of an application not being effected where the service is subsequently effected; (f) determining consent applications for adjournment of a matter on its first listing where the request is for an adjournment of less than 3 months; (g) determining applications for a change of venue for a hearing; r. 5 -- 3 of 6 -- S.R. No. 133/2014 Victorian Civil and Administrative Tribunal (Amendment No. 11) Rules 2014 Authorised by the Chief Parliamentary Counsel 3 (h) consideration of requests to attend a directions hearing by telephone, video link or any other system of telecommunication; (i) consideration of requests for an interpreter to be provided for a party to a proceeding; (j) abridging time for the taking of further steps in relation to a matter; (k) adjourning any matter if a daily list has to be cancelled; (l) determining consent applications for adjournment of any administrative mention or directions hearing; (m) determining consent applications for extensions of time to comply with orders where the extension will not interfere with the hearing date; (n) determining requests relating to a step in a proceeding that was anticipated on the face of previous orders in the proceeding; (o) stay of a warrant on an application under section 120 of the Act for a review of an order or on a request for the extension of a warrant; (p) determining an application for withdrawal of an application or referral where no leave is required; (q) correction of an order made by the principal registrar under section 119 of the Act. r. 5 -- 4 of 6 -- S.R. No. 133/2014 Victorian Civil and Administrative Tribunal (Amendment No. 11) Rules 2014 Authorised by the Chief Parliamentary Counsel 4 9.02 Delegation of functions by principal registrar under section 32A of the Act For the purposes of section 157A(5)(a) of the Act, the principal registrar, under section 32A of the Act, may delegate any function specified in Rule 9.01. __________________". 6 Review and Regulation List In clause 5 of Schedule 1 to the Principal Rules, after item 5.62 insert— "5.62A Small Business Commissioner Act 2003, section 11A;". 7 Human Rights List In clause 15 of Schedule 1 to the Principal Rules, after item 15.6 insert— "15.6A Mental Health Act 2014;". Dated: 16 September 2014 GREG GARDE, President MARILYN HARBISON, Vice President MARK DWYER, Deputy President MARGARET BAIRD, Senior Member BILL SIBONIS, Member ═══════════════ r. 6 -- 5 of 6 -- S.R. No. 133/2014 Victorian Civil and Administrative Tribunal (Amendment No. 11) Rules 2014 Authorised by the Chief Parliamentary Counsel 5 ENDNOTES 1 Rule 4: S.R. No. 65/2008. Reprint No. 2 as at 7 March 2014. Reprinted to S.R. No. 165/2013. Subsequently amended by S.R. No. 35/2014. Endnotes -- 6 of 6 --