Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013 S.R. No. 17/2013 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 2 5 New Order 8 inserted 2 ORDER 8—TRANS-TASMAN PROCEEDINGS 2 8.01 Definitions 2 8.02 Application of Order 2 8.03 Application for order for use of audio link or audiovisual link 2 8.04 Service 3 8.05 Duty of applicant 3 8.06 Technical requirements 3 6 New Form 12 inserted in Schedule 2 4 Form 12—Application for Use of Audiovisual or Audio Link 4 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 17/2013 Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) 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 amend the Victorian Civil and Administrative Tribunal Rules 2008 to provide for procedures in relation to civil proceedings to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies. 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 the day which is the later of— (a) the day on which section 3 of the Trans- Tasman Proceedings Act 2010 of the Commonwealth comes into operation; (b) 22 February 2013. -- 2 of 8 -- S.R. No. 17/2013 Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 2 4 Principal Rules In these Rules, the Victorian Civil and Administrative Tribunal Rules 20081 are called the Principal Rules. 5 New Order 8 inserted After Order 7 of the Principal Rules insert— "ORDER 8—TRANS-TASMAN PROCEEDINGS 8.01 Definitions (1) In this Order— Trans-Tasman Proceedings Act means the Trans-Tasman Proceedings Act 2010 of the Commonwealth. (2) An expression used in the Trans-Tasman Proceedings Act has the same meaning in this Order as it has in that Act. 8.02 Application of Order This Order applies in relation to any proceeding under the Trans-Tasman Proceedings Act in respect of which the Tribunal is a prescribed tribunal under that Act. 8.03 Application for order for use of audio link or audiovisual link (1) A party to a proceeding to which this Order applies may apply to the Tribunal for an order that evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand by filing an application in accordance with subrule (2). r. 4 -- 3 of 8 -- S.R. No. 17/2013 Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 3 (2) An application under subrule (1) must— (a) be in Form 12 of Schedule 2; (b) be filed at least 14 days before the person who is the subject of the application is due to give evidence or make submissions to the Tribunal. 8.04 Service As soon as practicable after the filing of the application, the applicant must serve a copy of the application on every other party. 8.05 Duty of applicant If, whether before or after a direction has been given, an applicant no longer requires the person who is the subject of the application to give evidence or make submissions to the Tribunal by audio link or audiovisual link, the applicant must notify the principal registrar immediately. 8.06 Technical requirements (1) The technical requirements for an audio link are— (a) both the Tribunal point and the remote point are equipped with facilities that— (i) enable all appropriate persons at the Tribunal point to hear the person giving the evidence or making the submissions; and (ii) enable all appropriate persons at the remote point to hear appropriate persons at the Tribunal point; and (b) any other requirements imposed by the presiding member. r. 5 -- 4 of 8 -- S.R. No. 17/2013 Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 4 (2) The technical requirements for an audiovisual link are— (a) both the Tribunal point and the remote point are equipped with facilities that— (i) enable all appropriate persons at the Tribunal point to see and hear the person giving the evidence or making the submissions; and (ii) enable all appropriate persons at the remote point to see and hear appropriate persons at the Tribunal point; and (b) any other requirements imposed by the presiding member. (3) Requirements imposed by the presiding member under subrule (1)(b) or (2)(b) must not be inconsistent with any other provision of these Rules. __________________". 6 New Form 12 inserted in Schedule 2 After Form 11 of Schedule 2 to the Principal Rules insert— "FORM 12 Rule 8.03(2)(a) APPLICATION FOR USE OF AUDIOVISUAL OR AUDIO LINK VICTORIAN CIVIL AND ADMINISTRATIVE 20 No. TRIBUNAL Registry Name of applicant— Address— Address for service of documents— [if different from above] Name of respondent— r. 6 -- 5 of 8 -- S.R. No. 17/2013 Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 5 Address— Address for service of documents— [if different from above] PART 1—PARTICULARS OF APPLICATION I, [name of applicant] of [address of applicant or firm of solicitor for applicant] request an *audiovisual link/*audio link in accordance with the following details— 1. *Audiovisual/*Audio link— From [originating city/town/country] To [receiving city/town/country] 2. Type of hearing 3. Number of persons to appear before, or give evidence by *audio visual/*audio link 4. Suggested time (if any) for link 5. Estimate of duration of link 6. Is this application being made with the consent of the parties to the proceeding? 7. If the answer to question 6 is No, what parties have not given consent? 8. If a hearing date has been fixed, what is the date of the hearing? Date: [Signature] *strike out as appropriate. PART 2—PARTICULARS OF HEARING (to be completed by the principal registrar) The application will be heard before [insert name of member], Victorian Civil and Administrative Tribunal, [insert address of location] on [insert date] at [insert time] *a.m./*p.m. or so soon afterwards as the business of the Tribunal allows. FILED—[insert date]. *strike out as appropriate. __________________". r. 6 -- 6 of 8 -- S.R. No. 17/2013 Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 6 Dated: 11 February 2013 GREGORY GARDE, President PAMELA JENKINS, Vice President M. F. MACNAMARA, Vice President MARK DWYER, Deputy President BILL SIBONIS, Member ═══════════════ r. 6 -- 7 of 8 -- S.R. No. 17/2013 Victorian Civil and Administrative Tribunal (Trans-Tasman Proceedings Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 7 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 -- 8 of 8 --