Victorian Civil and Administrative Tribunal (Amendment No. 7) Rules 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Victorian Civil and Administrative Tribunal (Amendment No. 7) Rules 2013 S.R. No. 105/2013 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Re-opening an order 2 6 Revocation of Rule 6.08 3 7 Application of Part 3 8 Review and Regulation List 3 9 Residential Tenancies List 3 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 105/2013 Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal (Amendment No. 7) 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 provide for— (a) the procedure for re-opening an order under section 120 of the Victorian Civil and Administrative Tribunal Act 1998; and (b) the allocation of 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 19 August 2013. 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. 105/2013 Victorian Civil and Administrative Tribunal (Amendment No. 7) Rules 2013 Authorised by the Chief Parliamentary Counsel 2 5 Re-opening an order After Rule 4.19(2) of the Principal Rules insert— "(3) An application under section 120 of the Act must— (a) be in the form of an affidavit or statutory declaration that contains— (i) the name, current address, telephone number and facsimile number (if any) of the applicant; and (ii) the number of the original proceeding for which the review is requested; and (iii) the date on which and the manner in which the applicant became aware of the order in respect of which a review is requested; and (iv) the applicant's reasons for not attending or not being represented at the original hearing; and (b) exhibit any documents in support of the matters referred to in subparagraphs (a)(i), (ii), (iii) and (iv). (4) On the lodgement of an application under section 120 of the Act the principal registrar— (a) may require the applicant to comply with the requirements of subrule (3) by requesting the applicant to provide a further affidavit or statutory declaration; and r. 5 -- 3 of 6 -- S.R. No. 105/2013 Victorian Civil and Administrative Tribunal (Amendment No. 7) Rules 2013 Authorised by the Chief Parliamentary Counsel 3 (b) must advise the applicant and the other parties by notice of the procedures of the Tribunal with respect to the future conduct of the application.". 6 Revocation of Rule 6.08 Rule 6.08 of the Principal Rules is revoked. 7 Application of Part In Rule 6.20(2) of the Principal Rules, for "4.03 and 4.08" substitute "4.03, 4.08, 4.19(3) and 4.19(4)". 8 Review and Regulation List In Part 1 of Schedule 1 to the Principal Rules, in clause 5(1)— (a) after item 5.50 insert— "5.50A Pharmacy Regulation Act 2010 section 62;"; (b) after item 5.60 insert— "5.60A Seafood Safety Act 2003 section 60;"; (c) after item 5.65 insert— "5.65A Supported Residential Services (Private Proprietors) Act 2010 section 206;". 9 Residential Tenancies List In Part 2 of Schedule 1 to the Principal Rules, in clause 11(1)— (a) in item 11.6, for "1997." substitute "1997;"; (b) after item 11.6 insert— "11.7 Supported Residential Services (Private Proprietors) Act 2010 sections 105, 121 and 123.". r. 6 -- 4 of 6 -- S.R. No. 105/2013 Victorian Civil and Administrative Tribunal (Amendment No. 7) Rules 2013 Authorised by the Chief Parliamentary Counsel 4 Dated: 13 August 2013 GREG GARDE, President PAMELA JENKINS, Vice President MARK DWYER, Deputy President BILL SIBONIS, Member MARGARET BAIRD, Member ═══════════════ r. 9 -- 5 of 6 -- S.R. No. 105/2013 Victorian Civil and Administrative Tribunal (Amendment No. 7) Rules 2013 Authorised by the Chief Parliamentary Counsel 5 ENDNOTES 1 Rule 4: S.R. No. 65/2008. Reprint No. 1 as at 1 April 2012. Reprinted to S.R. No. 1/2012. Subsequently amended by S.R. Nos 16/2013, 17/2013, 38/2013 and 71/2013. Endnotes -- 6 of 6 --