Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 2010

i Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 2010 S.R. No. 73/2010 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Definition 2 6 List Heads 2 7 New Rule 2.04A inserted 2 2.04A Assignment to cover short term absences 2 8 Entry of proceeding in list 3 9 Principal registrar may allocate proceedings to and transfer proceedings from lists 3 10 Allocation of enactment to Occupational and Business Regulation List 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2010 S.R. No. 73/2010 Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 2010 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 senior members as well as presidential members to be in charge of Lists; (b) to allocate provisions of the Health Practitioner Regulation National Law to the Occupational and Business Regulation List. 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 August 2010. 4 Principal Rules In these Rules, the Victorian Civil and Administrative Tribunal Rules 2008 1 are called the Principal Rules. -- 2 of 6 -- S.R. No. 73/2010 Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 2010 2 5 Definition (1) In the heading to Rule 1.05 of the Principal Rules for "Definition" substitute "Definitions". (2) Insert the following definition in Rule 1.05 of the Principal Rules— "member in charge of a list means a presidential member or a senior member nominated to be in charge of a list in accordance with Rule 2.04;". 6 List Heads In Rule 2.04 of the Principal Rules— (a) in subrule (1) after "presidential member" insert ", or a senior member,"; (b) in subrule (2) after "presidential member" insert "or senior member". 7 New Rule 2.04A inserted After Rule 2.04 of the Principal Rules insert— "2.04A Assignment to cover short term absences (1) The President may assign a presidential member or a senior member to be a member in charge of a list if the person who is ordinarily the member in charge of a list is, for a short term not exceeding 3 months— (a) absent; or (b) for any other reason, unable to perform the duties of a member in charge of a list. (2) An assignment under subrule (1) cannot exceed 3 months. r. 5 -- 3 of 6 -- S.R. No. 73/2010 Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 2010 3 (3) A presidential member or a senior member assigned as a member in charge of a list under subrule (1) has all the powers and may perform all the duties of the member in charge of the list for whom he or she is acting. (4) The President may at any time terminate an assignment under this rule.". 8 Entry of proceeding in list (1) In Rule 2.05(3) of the Principal Rules— (a) omit "presidential" (where first occurring); (b) for "presidential member" (where subsequently occurring) substitute "member in charge of a list". (2) In Rule 2.05(4) of the Principal Rules— (a) in paragraph (a) omit "presidential"; (b) in paragraph (b) for "presidential member" (where first occurring) substitute "member in charge of a list"; (c) for "presidential member" (where secondly occurring) substitute "member in charge". (3) In Rule 2.05(5)(b) of the Principal Rules for "presidential member" substitute "member in charge of a list". 9 Principal registrar may allocate proceedings to and transfer proceedings from lists In Rule 2.06(2)(b) of the Principal Rules omit "presidential" (where twice occurring). r. 8 -- 4 of 6 -- S.R. No. 73/2010 Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 2010 4 10 Allocation of enactment to Occupational and Business Regulation List In Schedule 1 to the Principal Rules, after item 3.13 insert— "3.13A Health Practitioner Regulation National Law (applied in Victoria by the Health Practitioner Regulation National Law (Victoria) Act 2009), Part 8, Divisions 12 and 13;". Dated: 27 July 2010 JUSTICE IAIN ROSS, President MICHAEL F. MACNAMARA, Deputy President MARGARET BAIRD, Member BILL SIBONIS, Member ═══════════════ r. 10 -- 5 of 6 -- S.R. No. 73/2010 Victorian Civil and Administrative Tribunal (Amendment No. 2) Rules 2010 5 ENDNOTES 1 Rule 4: S.R. No. 65/2008 as amended by S.R. Nos 154/2009 and 68/2010. Endnotes -- 6 of 6 --