Victorian Civil and Administrative Tribunal (Amendment No. 4) Rules 2013
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Victorian Civil and Administrative Tribunal
(Amendment No. 4) Rules 2013
S.R. No. 16/2013
TABLE OF PROVISIONS
Rule Page
1 Object 1
2 Authorising provisions 1
3 Commencement 1
4 Principal Rules 1
5 Lists 1
6 Assignment of members 2
7 Functions under section 47(1) of the Act to be exercised in
general list of administrative division 2
8 New Rule 4.27 inserted 3
4.27 Time 3
9 Order 5 substituted 4
ORDER 5—ADMINISTRATIVE DIVISION 4
PART 1—PLANNING AND ENVIRONMENT LIST 4
5.01 Tribunal may direct disclosure of valuation evidence 4
5.02 Time within which statement of grounds must be
lodged in case of proceeding under planning enactment 5
5.03 Applications to the planning and environment list 5
5.04 Referral of disputes—section 39(1) of the Planning
and Environment Act 1987 6
5.05 Additional requirement if document is served
electronically 6
PART 2—REVIEW AND REGULATION LIST 7
5.06 Form of application 7
5.07 Constitution of Tribunal in proceedings 7
10 Order 6 amendments 8
11 New Rule 6.30A inserted 9
6.30A Warrant of possession—Disability Act 2006 9
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12 New Order 7 inserted 9
ORDER 7—HUMAN RIGHTS DIVISION 9
PART 1—HUMAN RIGHTS LIST 9
Division 1—Complaints under the Equal Opportunity
Act 1995—Transitional Rules 9
7.01 Application of Division 1 9
7.02 Notifications 10
7.03 Interlocutory applications 12
7.04 Additional functions of principal registrar 13
7.05 Rule 4.04 not to apply to proceedings under Equal
Opportunity Act 1995 or the Racial and Religious
Tolerance Act 2001 13
7.06 Jurisdictional hearings and functions under section 156
of the Equal Opportunity Act 1995 13
Division 2—Applications under the Equal Opportunity Act
2010 and the Racial and Religious Tolerance Act 2001 14
7.07 Application of Division 14
7.08 Rule 4.03 does not apply 14
7.09 Information for applications 14
PART 2—GUARDIANSHIP LIST 14
7.10 Service by principal registrar 14
7.11 Form of register of proceedings and matters contained
therein 15
13 Clause 1 of Schedule 1 substituted 15
1 Legal Practice List 15
14 Clause 2 of Schedule 1 (Land Valuation List) revoked 16
15 Clause 3 of Schedule 1 (Occupational and Business Regulation
List) revoked 16
16 Part 1 of Schedule 1—Planning and Environment List 16
17 Part 1 of Schedule 1—Clause 5 substituted 18
5 Review and Regulation List 18
18 Part 2 of Schedule 1—Civil Claims List 23
19 Part 2 of Schedule 1—Credit List 23
20 Part 2 of Schedule 1—Domestic Building List 24
21 Part 2 of Schedule 1—Legal Practice List 24
22 Part 2 of Schedule 1—Owners Corporation List 24
23 Part 2 of Schedule 1—Real Property List 25
24 Part 2 of Schedule 1—Residential Tenancies List 25
25 Part 2 of Schedule 1—Retail Tenancies List 25
26 Clause 13 of Schedule 1 (Anti-discrimination List) revoked 25
27 Clause 15 of Schedule 1 substituted 26
15 Human Rights List 26
28 Clause 16 of Schedule 1 (Mental Health List) revoked 27
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29 Form 4 amended 27
30 New Form 10A 27
Form 10A—Warrant of Possession—Disability Act 2006 27
═══════════════
ENDNOTES 29
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STATUTORY RULES 2013
S.R. No. 16/2013
Victorian Civil and Administrative Tribunal Act 1998
Victorian Civil and Administrative Tribunal
(Amendment No. 4) Rules 2013
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 make
miscellaneous amendments to the Victorian Civil
and Administrative Tribunal Rules 2008.
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 15 February
2013.
4 Principal Rules
In these Rules, the Victorian Civil and
Administrative Tribunal Rules 20081 are called
the Principal Rules.
5 Lists
(1) For Rule 2.03(2) of the Principal Rules
substitute—
"(2) The following lists of the administrative
division are established—
(a) legal practice list;
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(b) planning and environment list;
(c) review and regulation list.".
(2) Rule 2.03(3)(b) of the Principal Rules is revoked.
(3) For Rule 2.03(3)(d) of the Principal Rules
substitute—
"(d) owners corporations list;".
(4) Rule 2.03(3)(da) of the Principal Rules is
revoked.
(5) For Rule 2.03(4) of the Principal Rules
substitute—
"(4) The following lists of the human rights
division are established—
(a) guardianship list;
(b) human rights list.".
(6) In Rule 2.03(6) of the Principal Rules for "general
list" substitute "review and regulation list".
6 Assignment of members
In Rule 2.07(1) of the Principal Rules, for "must"
substitute "may".
7 Functions under section 47(1) of the Act to be
exercised in general list of administrative division
(1) In the heading to Rule 3.02 of the Principal Rules
for "general" substitute "review and
regulation".
(2) In Rule 3.02 of the Principal Rules for "general"
substitute "review and regulation".
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8 New Rule 4.27 inserted
After Rule 4.26 of the Principal Rules insert—
"4.27 Time
(1) Unless the contrary intention expressly
appears, any period of time fixed by the Act
or these Rules in relation to a proceeding or
in any order in a proceeding shall be
calculated in accordance with this Rule.
(2) Where a time of one day or longer is to begin
on, or be calculated from, a day or event, the
day or the date of the event shall be
excluded.
(3) Where a time of one day or longer is to end
on, or be calculated to, a day or event, the
day or date of the event shall be included.
(4) Where the last day for doing any act at the
Tribunal is a day on which the Tribunal
registry is closed, the act may be done on the
next day the Tribunal registry is open.
(5) In calculating the time fixing, extending or
abridging the time that any document must
be lodged or filed with the Tribunal, a
document that is lodged or filed after
4.00 p.m. or on any day that the Tribunal
registry is closed is taken to have been
lodged or filed on the next day the registry is
open.
(6) Subrule (5) does not apply to an application
to commence a proceeding or any other
originating process.".
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9 Order 5 substituted
For Order 5 of the Principal Rules substitute—
"ORDER 5—ADMINISTRATIVE DIVISION
PART 1—PLANNING AND ENVIRONMENT
LIST
5.01 Tribunal may direct disclosure of
valuation evidence
(1) This rule applies to—
(a) a proceeding under the Land
Acquisition and Compensation Act
1986 or a proceeding to which that Act
applies; and
(b) a proceeding under Part III of the
Valuation of Land Act 1960 or a
proceeding to which that Part applies.
(2) A member of the Tribunal may direct that
each party to a proceeding to which this rule
applies give to the other party—
(a) the names of the valuers it proposes to
call;
(b) the amount of the valuation placed by
each valuer on the land that is the
subject of the appeal; and
(c) details of all sales and rentals relied
upon by the valuer in arriving at the
valuation.
(3) The member may give such a direction at
any time—
(a) on application by any party; or
(b) of his or her own motion.
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(4) If such a direction is given, a party may not
call or rely on, without the leave of the
Tribunal—
(a) any valuer whose name was not given
to the other party; or
(b) any evidence of sales or rentals that
was not given to the other party.
5.02 Time within which statement of grounds
must be lodged in case of proceeding
under planning enactment
A person who is required by clause 56(1) of
Schedule 1 to the Act to lodge with the
Tribunal a statement of the grounds on which
the person intends to rely at the hearing of a
proceeding must lodge the statement with the
Tribunal—
(a) within the period directed by the
Tribunal; or
(b) if there is no direction, within 14 days
after being served with notice of the
proceeding.
5.03 Applications to the planning and
environment list
(1) An application to the planning and
environment list—
(a) must be in writing; and
(b) must contain the following details with
respect to the applicant and the
respondent—
(i) full name; and
(ii) address for service; and
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(c) must identify the Act, including the
section, or other legislative provision
under which it is brought; and
(d) must contain a brief description of the
issue or matter in dispute; and
(e) must state the remedy being sought
from the Tribunal.
(2) Rule 4.03 does not apply to an application
referred to in subrule (1).
5.04 Referral of disputes—section 39(1) of the
Planning and Environment Act 1987
(1) A referral under section 39(1) of the
Planning and Environment Act 1987 must
comply with the requirements set out in
rule 5.03.
(2) The referral must also contain—
(a) the date on which the person became
aware of the alleged failure to comply;
and
(b) the name of the Minister, planning
authority or panel alleged to have failed
to comply with Division 1, 2 or 3 of
Part 3, or Part 8, of the Planning and
Environment Act 1987.
5.05 Additional requirement if document is
served electronically
An applicant in a proceeding under an
enactment set out in clause 4 in Part 1 of
Schedule 1 who serves the initiating
document in that proceeding on another
person by electronic transmission must,
within 24 hours of sending the transmission
to that person, deliver or send by post to that
person a copy of that document.
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PART 2—REVIEW AND REGULATION LIST
5.06 Form of application
(1) An application under an enactment allocated
to the review and regulation list for a
disciplinary inquiry must—
(a) be in writing; and
(b) state the provision under which it is
made and the person who is the subject
of the application.
(2) Rule 4.03 does not apply to an application
referred to in subrule (1).
5.07 Constitution of Tribunal in proceedings
(1) Subject to subrule (3), any matter arising
under a provision of the Estate Agents Act
1980 that is allocated to the review and
regulation list must be determined by the
Tribunal constituted by at least 3 members
including—
(a) a member being a person who has been
admitted to legal practice for not less
than 5 years; and
(b) a member with experience in and who
represents the interests of the real estate
industry; and
(c) a member with knowledge of natural
persons who use real estate industry
services and who represents their
interests.
(2) Subject to subrule (3), any matter arising
under a provision of the Sex Work Act 1994
that is allocated to the review and regulation
list must be determined by the Tribunal
constituted by at least 3 members
including—
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(a) a member being a person who has been
admitted to legal practice for not less
than 5 years; and
(b) a member who shall be either—
(i) a barrister and solicitor of the
Supreme Court or of the High
Court of Australia with
knowledge, experience and
expertise in criminal law,
company law or another area of
law relevant to the functions of the
Tribunal under the Sex Work Act
1994; or
(ii) a member of the police force of or
above the rank of inspector; and
(c) a member who has knowledge of the
prostitution industry in Victoria or of
health, occupational health and safety,
enforcement or general community
issues relevant to the functions of the
Tribunal under the Sex Work Act
1994.
(3) The President may determine that a
particular matter may be determined by the
Tribunal constituted otherwise than in
accordance with the requirements of subrules
(1) or (2).
__________________".
10 Order 6 amendments
(1) In the heading to Order 6 of the Principal Rules
omit "AND HUMAN RIGHTS DIVISION".
(2) Part 1 of Order 6 of the Principal Rules is
revoked.
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(3) Part 3 of Order 6 of the Principal Rules is
revoked.
(4) Part 5 of Order 6 of the Principal Rules is
revoked.
11 New Rule 6.30A inserted
After Rule 6.30 of the Principal Rules insert—
"6.30A Warrant of possession—Disability Act
2006
For the purposes of section 85B of the
Disability Act 2006, a warrant of possession
is in the prescribed form if it is in Form 10A
in Schedule 2.".
12 New Order 7 inserted
After Order 6 of the Principal Rules insert—
"ORDER 7—HUMAN RIGHTS DIVISION
PART 1—HUMAN RIGHTS LIST
Division 1—Complaints under the Equal
Opportunity Act 1995—Transitional Rules
7.01 Application of Division 1
(1) This Division applies to proceedings,
whether commenced before, on or after
19 September 2011 to which—
(a) by virtue of Division 2 of Part 14 of the
Equal Opportunity Act 2010, the
Equal Opportunity Act 1995, as in
force immediately before its repeal,
continues to apply; or
(b) by virtue of Part 5 of the Racial and
Religious Tolerance Act 2001, that
Act, as in force immediately before
1 August 2011, continues to apply; or
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(c) by virtue of section 164, the Act, as in
force immediately before 1 August
2011, continues to apply.
Note
19 September 2011 is the commencement date
of the Victorian Civil and Administrative
Tribunal (Anti Discrimination List
Amendment) Rules 2011.
(2) In this Division, complaint includes a
complaint under the Racial and Religious
Tolerance Act 2001 as in force immediately
before 1 August 2011.
7.02 Notifications
(1) If a complaint is referred to the Tribunal by
the Minister or the Victorian Equal
Opportunity and Human Rights Commission
under the Equal Opportunity Act 1995, the
referral must—
(a) include a copy of the complaint; and
(b) if the request for referral was made by
the complainant, include a copy of that
request; and
(c) state the names and addresses for
service of the parties to the complaint,
what unlawful conduct is claimed, and
what enactment is claimed to be
breached; and
(d) state the date of any decision of the
Victorian Equal Opportunity and
Human Rights Commission or the chief
conciliator from which the referral
arose and state the enactment under
which that decision was made; and
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(e) if the referral was made following a
decision by the chief conciliator that it
was not reasonably possible to
successfully conciliate the complaint or
that attempts at conciliation had been
unsuccessful, state the date of the last
conciliation meeting or conference
before that decision was made.
(2) Within 7 days after receiving a referral
referred to in subrule (1), the principal
registrar must give a copy of the referral to
the complainant and the respondent.
(3) An application under Division 2 of Part 3 of
the Racial and Religious Tolerance Act
2001 must—
(a) include a copy of the complaint and of
the Victorian Equal Opportunity and
Human Rights Commission's decision
to decline to entertain it; and
(b) state the names and addresses for
service of the parties to the complaint.
(4) If a complaint is referred to the Tribunal by
the Minister or the Victorian Equal
Opportunity and Human Rights Commission
under the Equal Opportunity Act 1995, the
complainant must give to the principal
registrar written notice of the complainant's
address in Victoria for service of documents
within 7 days after receiving notice of the
referral under subrule (1).
(5) An applicant to the Tribunal under
section 109, 121, 124 or 131 of the Equal
Opportunity Act 1995 must, when making
the application, provide to the principal
registrar an address for service of documents
for each other party to the proceeding.
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(6) Rule 4.03 does not apply to an application
referred to in this rule.
7.03 Interlocutory applications
(1) This rule applies to an application to the
Tribunal under section 109, 121, 124 or 131
of the Equal Opportunity Act 1995.
(2) An application to which this rule applies
must—
(a) be accompanied by a copy of the
complaint or, if the applicant does not
have one, any information which the
applicant is able to give about the
nature of the complaint and the identity
of the parties to it; and
(b) if the application relates to a
determination of the Victorian Equal
Opportunity and Human Rights
Commission, give any information
which the applicant is able to give
about the nature and date of the
determination; and
(c) if, under the Equal Opportunity Act
1995 there are requirements to be met
before the application can be made,
include information that those
requirements have been met; and
(d) in the case of an application under
section 131 of the Equal Opportunity
Act 1995 for an interim order—
(i) state each order that is sought; and
(ii) be accompanied by an affidavit
setting out the facts and
circumstances on which the
applicant relies.
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(3) Rule 4.03 does not apply to an application to
which this rule applies.
7.04 Additional functions of principal registrar
The principal registrar may not reject, under
section 71(1) of the Act—
(a) an application made to the Tribunal
under the Equal Opportunity Act
1995 or the Racial and Religious
Tolerance Act 2001; or
(b) an application made under the
Victorian Civil and Administrative
Tribunal Act 1998 in a proceeding
under the Equal Opportunity Act
1995 or the Racial and Religious
Tolerance Act 2001.
7.05 Rule 4.04 not to apply to proceedings
under Equal Opportunity Act 1995 or the
Racial and Religious Tolerance Act 2001
Rule 4.04 does not apply to proceedings
under the Equal Opportunity Act 1995 or
the Racial and Religious Tolerance Act
2001.
7.06 Jurisdictional hearings and functions
under section 156 of the Equal
Opportunity Act 1995
When exercising its functions under
section 156 of the Equal Opportunity Act
1995, the Tribunal shall be constituted as
determined by the President.
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Division 2—Applications under the Equal
Opportunity Act 2010 and the Racial and
Religious Tolerance Act 2001
7.07 Application of Division
This Division applies to an application
under—
(a) section 122 of the Equal Opportunity
Act 2010;
(b) section 23 of the Racial and Religious
Tolerance Act 2001.
7.08 Rule 4.03 does not apply
Rule 4.03 does not apply to an application to
which this Division applies.
7.09 Information for applications
An application to which this Division applies
must contain the following—
(a) the names, addresses, telephone
numbers and contact details of the
applicant and each respondent;
(b) details of the contravention alleged;
(c) details of the remedy sought.
PART 2—GUARDIANSHIP LIST
7.10 Service by principal registrar
Subject to any order of the Tribunal, if the
principal registrar undertakes service of an
application, under section 72(2)(a) of the
Act, in a proceeding entered in the
guardianship list, service must take place
within 21 days after lodgement of the
application with the Tribunal.
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7.11 Form of register of proceedings and
matters contained therein
Despite Rule 4.24, in proceedings allocated
to the guardianship list, the register contains
only the following—
(a) the number identifying the proceeding;
(b) the date of commencement;
(c) the names of the parties,
(d) if the proceeding is withdrawn, the date
of the withdrawal.
__________________".
13 Clause 1 of Schedule 1 substituted
For clause 1 of Schedule 1 to the Principal Rules
substitute—
"1 Legal Practice List
(1) The functions of the Tribunal under the
enabling enactments set out in the items
below are allocated to the legal practice list
of the administrative division.
1.1 Australian Consumer Law and Fair
Trading Act 2012 (dispute between a
legal practitioner and a client of a legal
practitioner);
1.2 Legal Profession Act 2004.
(2) If the Tribunal has or had functions under
any corresponding previous enactment of an
enabling enactment set out in an item in
subclause (1), or under regulations made
under such a corresponding previous
enactment, those functions are allocated to
the legal practice list of the administrative
division.".
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14 Clause 2 of Schedule 1 (Land Valuation List)
revoked
Clause 2 of Schedule 1 to the Principal Rules is
revoked.
15 Clause 3 of Schedule 1 (Occupational and Business
Regulation List) revoked
Clause 3 of Schedule 1 to the Principal Rules is
revoked.
16 Part 1 of Schedule 1—Planning and Environment
List
(1) In Schedule 1 to the Principal Rules, after item 4.2
insert—
"4.2A Climate Change Act 2010;".
(2) In Schedule 1 to the Principal Rules, item 4.5 is
revoked.
(3) In Schedule 1 to the Principal Rules, in item 4.6,
for "and 41A (interim conservation orders)"
substitute ", 41A (interim conservation orders)
and 43(12) (claims for compensation)".
(4) In Schedule 1 to the Principal Rules, after item 4.6
insert—
"4.6A Gambling Regulation Act 2003;
4.6B Health Services Act 1988 section 67
(compulsory acquisition of land);".
(5) In Schedule 1 to the Principal Rules, after item 4.7
insert—
"4.7A Land Acquisition and Compensation
Act 1986;".
(6) In Schedule 1 to the Principal Rules, in item 4.8,
after "sections" insert "183 (differential rating),".
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(7) In Schedule 1 to the Principal Rules, after item 4.8
insert—
"4.8A Major Transport Projects Facilitation Act
2009;".
(8) In Schedule 1 to the Principal Rules, for item 4.9
substitute—
"4.9 Mineral Resources (Sustainable
Development) Act 1990;".
(9) After item 4.10 of Schedule 1 to the Principal
Rules insert—
"4.10A Pipelines Act 2005 section 154;".
(10) In Schedule 1 to the Principal Rules, in item 4.11
omit "except sections 94(5) and 105 (see land
valuation list)".
(11) In Schedule 1 to the Principal Rules, for item 4.12
substitute—
"4.12 Plant Biosecurity Act 2010 sections 48
(accreditation to issue assurance certificates)
and 59 (review of the Minister's
determination on costs);".
(12) In Schedule 1 to the Principal Rules, for item 4.13
substitute—
"4.13 Subdivision Act 1988;".
(13) In Schedule 1 to the Principal Rules, for item 4.14
substitute—
"4.14 Valuation of Land Act 1960 Part III
(disputes on the value of land);".
(14) In Schedule 1 to the Principal Rules, for item 4.15
substitute—
"4.15 Water Act 1989 except section 19 (see real
property list);".
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(15) In Schedule 1 to the Principal Rules, item
4.16 is revoked.
17 Part 1 of Schedule 1—Clause 5 substituted
For clause 5 of Schedule 1 to the Principal Rules
substitute—
"5 Review and Regulation List
(1) The functions of the Tribunal under the
enabling enactments set out in the items
below are allocated to the review and
regulation list of the administrative division.
5.1 Accident Compensation Act 1985;
5.2 Accident Towing Services Act 2007;
5.3 Adoption Act 1984 sections
129A(1)(a) (decisions regarding fitness
to adopt and approval to adopt),
129A(1)(b) (decisions regarding
approval of adoption agencies) and
129A(1)(c) (decisions regarding
accreditation of bodies);
5.4 Agricultural and Veterinary
Chemicals (Control of Use) Act 1992;
5.5 Architects Act 1991;
5.6 Associations Incorporation Reform
Act 2012;
5.7 Biological Control Act 1986;
5.8 Births, Deaths and Marriages
Registration Act 1996;
5.9 Building Act 1993 Division 12 of
Part 12A;
5.10 Bus Safety Act 2009;
5.11 Business Franchise Acts;
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5.12 Cemeteries and Crematoria Act
2003;
5.13 Children, Youth and Families Act
2005;
5.14 Children's Services Act 1996;
5.15 Co-operatives Act 1996;
5.16 Conveyancers Act 2006 (sections 33
(inquiries into the conduct of licensees),
34 (determination on inquiry) and 187;
5.17 Country Fire Authority Act 1958;
5.18 Dairy Act 2000;
5.19 Dangerous Goods Act 1985;
5.20 Disability Act 2006 section 45
(registration of a disability service
provider);
5.21 Domestic Animals Act 1994 sections
98(1) (registration of premises to
conduct a domestic animal business)
and 98(2) (declaration and registration
of dangerous dogs);
5.22 Drugs, Poisons and Controlled
Substances Act 1981;
5.23 Education and Training Reform Act
2006 Division 14 of Part 2.6 and
Part 4.8;
5.24 Electoral Act 2002;
5.25 Electricity Safety Act 1998;
5.26 Emergency Management Act 1986;
5.27 Emergency Services Superannuation
Act 1986;
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5.28 Equipment (Public Safety) Act 1994;
5.29 Estate Agents Act 1980 except
section 56B(1) (see real property list);
5.30 Firearms Act 1996 section 182
(decisions of Firearms Appeals
Committee);
5.31 First Home Owner Grant Act 2000;
5.32 Fisheries Act 1995;
5.33 Freedom of Information Act 1982;
5.34 Fundraising Act 1998;
5.35 Gas Safety Act 1997;
5.36 Health Practitioner Regulation
National Law Part 8, Divisions 12
and 13;
5.37 Health Services Act 1988 section 110
(decisions of Minister or Chief General
Manager under Part 4);
5.38 Liquor Control Reform Act 1998;
5.39 Livestock Disease Control Act 1994;
5.40 Local Government Act 1989 sections
30, 38(2A), 48, 81D, 81E, 81J(1)(b),
81K, 81L, 81Q and 81R and clause 8 of
Schedule 12;
5.41 Major Sporting Events Act 2009;
5.42 Meat Industry Act 1993 section 24
(licences to operate meat processing
facilities, alteration of buildings);
5.43 Melbourne and Metropolitan Board
of Works Act 1958;
5.44 Metropolitan Fire Brigades Act 1958;
5.45 Motor Car Traders Act 1986 except
section 45 (see civil claims list);
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5.46 Occupational Health and Safety Act
2004;
5.47 Occupational Health and Safety
Regulations 2007;
5.48 Owner Drivers and Forestry
Contractors Act 2005 section 41
(dispute between contractor and hirer);
5.49 Owners Corporations Act 2006 Part 6
and Part 12;
5.50 Parliamentary Salaries and
Superannuation Act 1968;
5.51 Pipelines Act 2005 sections 64, 83
and 182;
5.52 Prevention of Cruelty to Animals Act
1986 section 33 (licensing of scientific
establishments and breeding
establishments);
5.53 Private Security Act 2004 Part 7;
5.54 Professional Boxing and Combat
Sports Act 1985 (licences, permits and
registration);
5.55 Public Health and Wellbeing Act
2008 sections 204 and 207;
5.56 Racing Act 1958;
5.57 Rail Safety Act 2006 Part 7;
5.58 Relationships Act 2008 Part 2.4 of
Chapter 2;
5.59 Road Management Act 2004;
5.60 Road Safety (Vehicles) Regulations
2009 regulations 128 (external review
of decisions relating to registration of
vehicles) and 215;
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5.61 Second-Hand Dealers and
Pawnbrokers Act 1989 sections 9B
and 14 (correction of register);
5.62 Sex Work Act 1994;
5.63 State Employees Retirement Benefits
Act 1979;
5.64 State Superannuation Act 1988;
5.65 Superannuation (Portability) Act
1989;
5.66 Surveying Act 2004 section 33 (review
of decision, finding or determination);
5.67 Taxation Administration Act 1997;
5.68 Therapeutic Goods (Victoria) Act
2010 section 30;
5.69 Transport Accident Act 1986;
5.70 Transport (Compliance and
Miscellaneous) Act 1983;
5.71 Transport Superannuation Act 1988;
5.72 Travel Agents Act 1986;
5.73 Unclaimed Money Act 2008,
sections 59, 61 and 63;
5.74 Utility Meters (Metrological
Controls) Act 2002;
5.75 Veterinary Practice Act 1997
section 55 (registration and discipline);
5.76 Victims of Crime Assistance Act
1996;
5.77 Victoria State Emergency Service
Act 2005;
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5.78 Victoria State Emergency Service
Regulations 2006;
5.79 Victorian Plantations Corporation
Act 1993;
5.80 Victorian Qualifications Authority
Act 2000;
5.81 Wildlife Act 1975;
5.82 Working with Children Act 2005.
(2) If the Tribunal has or had functions under
any corresponding previous enactment of an
enabling enactment set out in an item in
subclause (1), or under regulations made
under such a corresponding previous
enactment, those functions are allocated to
the review and regulation list of the
administrative division.".
18 Part 2 of Schedule 1—Civil Claims List
In Schedule 1 to the Principal Rules, for items 6.1
and 6.2 substitute—
"6.1 Australian Consumer Law and Fair
Trading Act 2012;
6.2 Conveyancers Act 2006 section 146 (claims
against the Victorian Property Fund);
6.2A Credit Act 1984;
6.2B Domestic Building Contracts Act 1995;".
19 Part 2 of Schedule 1—Credit List
In Schedule 1 to the Principal Rules, clause 7 is
revoked.
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20 Part 2 of Schedule 1—Domestic Building List
(1) In Schedule 1 to the Principal Rules, for item 8.1
substitute—
"8.1 Australian Consumer Law and Fair
Trading Act 2012;
8.1A Building Act 1993 except Division 12 of
Part 12A;".
(2) In Schedule 1 to the Principal Rules, item 8.3 is
revoked.
21 Part 2 of Schedule 1—Legal Practice List
In Schedule 1 to the Principal Rules, clause 9 is
revoked.
22 Part 2 of Schedule 1—Owners Corporation List
(1) In Schedule 1 to the Principal Rules, in the
heading to clause 9A for "Corporation"
substitute "Corporations".
(2) For clause 9A(1) of Schedule 1 to the Principal
Rules substitute—
"(1) The functions of the Tribunal under the
enabling enactments set out in the items
below are allocated to the owners
corporations list of the civil division.
9A.1 Australian Consumer Law and Fair
Trading Act 2012;
9A.2 Owners Corporations Act 2006 Part 6
and Part 11;
9A.3 Subdivision Act 1988 Part 5, and
sections 36 and 39 (other disputes).".
(3) In clause 9A(2) of Schedule 1 to the Principal
Rules for "owners corporation list" substitute
"owners corporations list".
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23 Part 2 of Schedule 1—Real Property List
(1) In Schedule 1 to the Principal Rules, for
items 10.1 and 10.2 substitute—
"10.1 Australian Consumer Law and Fair
Trading Act 2012;
10.2 Estate Agents Act 1980 section 56B(1)
(disputes about commission and
outgoings);".
(2) In Schedule 1 to the Principal Rules—
(a) for item 10.6 substitute—
"10.6 Water Act 1989 section 19 (civil
liability arising from various causes).";
(b) items 10.7 and 10.8 are revoked.
24 Part 2 of Schedule 1—Residential Tenancies List
In Schedule 1 to the Principal Rules, for
items 11.1 and 11.2 substitute—
"11.1 Australian Consumer Law and Fair
Trading Act 2012;
11.2 Disability Act 2006 Division 2 of Part 5;".
25 Part 2 of Schedule 1—Retail Tenancies List
In Schedule 1 to the Principal Rules, for item 12.1
substitute—
"12.1. Australian Consumer Law and Fair
Trading Act 2012;".
26 Clause 13 of Schedule 1 (Anti-discrimination List)
revoked
Clause 13 of Schedule 1 to the Principal Rules is
revoked.
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27 Clause 15 of Schedule 1 substituted
For clause 15 of Schedule 1 to the Principal Rules
substitute—
"15 Human Rights List
(1) The functions of the Tribunal under the
enabling enactments set out in the items
below are allocated to the human rights list
of the human rights division.
15.1 Assisted Reproductive Treatment
Act 2008;
15.2 Disability Act 2006 section 50
(decision as to disability);
15.3 Equal Opportunity Act 2010;
15.4 Health Records Act 2001;
15.5 Information Privacy Act 2000;
15.6 Mental Health Act 1986 section 79
(decisions of Secretary), section 120
(decisions of Mental Health Review
Board);
15.7 Public Health and Wellbeing Act
2008 section 122;
15.8 Racial and Religious Tolerance Act
2001.
(2) If the Tribunal has or had functions under
any corresponding previous enactment of an
enabling enactment set out in an item in
subclause (1), or under regulations made
under such a corresponding previous
enactment, those functions are allocated to
the human rights list of the human rights
division.".
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28 Clause 16 of Schedule 1 (Mental Health List)
revoked
Clause 16 of Schedule 1 to the Principal Rules is
revoked.
29 Form 4 amended
In Schedule 2 to the Principal Rules, in Form 4,
for "complainant" substitute "applicant".
30 New Form 10A
In Schedule 2 to the Principal Rules, after
Form 10 insert—
"FORM 10A
Victorian Civil and Administrative Tribunal Rules 2008
Rule 6.30A
WARRANT OF POSSESSION—DISABILITY ACT 2006
VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
Registry ref:
RESIDENTIAL TENANCIES LIST
Name of Applicant(s)—
Name of Respondent—
TO: *OFFICER IN CHARGE, POLICE STATION at [place], or
*[Name of authorised person]
TAKE NOTICE that on [date] the Victorian Civil and Administrative
Tribunal ordered that the resident vacate a room at—
[insert details]
AND that a warrant of possession issue.
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YOU are authorised, within [insert number of days, not to exceed 30] days of
the day on which this warrant was issued—
(a) to enter the room and group home, by force if necessary; and
(b) with such assistance as is necessary, to compel all persons for the time
being occupying the room to vacate the room and the group home and
give possession of them to the applicant.
NOTES
1. Section 85B(3) of the Disability Act 2006 provides that a warrant of
possession does not authorise the person to whom it is directed to
remove any goods from the room or group home.
2. Section 85B(4) of the Disability Act 2006 provides that entry under a
warrant of possession must not be made—
(a) between the hours of 6 p.m and 8 a.m; or
(b) on a Sunday or public holiday.
Date of issue—[date]
[Signed]
Principal Registrar
*delete if inapplicable
__________________".
Dated: 11 February 2013
GREGORY GARDE, President
PAMELA JENKINS, Vice President
M. F. MACNAMARA, Vice President
MARK DWYER, Deputy President
BILL SIBONIS, Member
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ENDNOTES
1 Rule 4: S.R. No. 65/2008. Reprint No. 1 as at 1 April 2012. Reprinted to
S.R. No. 1/2012.
Endnotes
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