Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009

i Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009 S.R. No. 154/2009 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 2 5 Lists 2 6 General List 2 7 Occupational and Business Regulation List 2 8 New clause 9A of Part 2 of Schedule 1 2 9A Owners Corporation List 2 9 Real Property List 3 10 New clauses 15 and 16 of Part 3 of Schedule 1 3 15 Health and Privacy List 3 16 Mental Health List 4 11 Consequential amendments 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2009 S.R. No. 154/2009 Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009 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— (a) establish the health and privacy list and the mental health list of the human rights division; and (b) establish the owners corporation list of the civil division; and (c) provide for the allocation of the Public Health and Wellbeing Act 2008 to certain lists established under those Rules; and (d) make other consequential amendments to the lists established under those Rules. 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 January 2010. -- 2 of 7 -- S.R. No. 154/2009 Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009 2 4 Principal Rules In these Rules, the Victorian Civil and Administrative Tribunal Rules 2008 1 are called the Principal Rules. 5 Lists (1) After Rule 2.03(3)(d) of the Principal Rules insert— "(da) owners corporation list;". (2) In Rule 2.03(4) of the Principal Rules— (a) in paragraph (b) for "list." substitute "list;"; (b) after paragraph (b) insert— "(c) health and privacy list; (d) mental health list.". 6 General List In clause 1(1) in Part 1 of Schedule 1 to the Principal Rules, after item 1.33 insert— "1.33A Public Health and Wellbeing Act 2008 section 204;". 7 Occupational and Business Regulation List In clause 3(1) in Part 1 of Schedule 1 to the Principal Rules, after item 3.27 insert— "3.27A Public Health and Wellbeing Act 2008 section 207;". 8 New clause 9A of Part 2 of Schedule 1 After clause 9 in Part 2 of Schedule 1 to the Principal Rules insert— "9A Owners Corporation List (1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the owners corporation list of the civil division. r. 4 -- 3 of 7 -- S.R. No. 154/2009 Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009 3 9A.1 Owners Corporations Act 2006 Part 6 and Part 11; 9A.2 Subdivision Act 1988 Part 5, and sections 36 and 39 (other disputes); 9A.3 Fair Trading Act 1999. (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 owners corporation list of the civil division.". 9 Real Property List In clause 10(1) in Part 2 of Schedule 1 to the Principal Rules— (a) for item 10.3 substitute— "10.3 Owners Corporations Act 2006 Part 6 and Part 11;"; (b) in item 10.6 omit "Part 5,". 10 New clauses 15 and 16 of Part 3 of Schedule 1 After clause 14 in Part 3 of Schedule 1 to the Principal Rules insert— "15 Health and Privacy List (1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the health and privacy list of the human rights division. 15.1 Assisted Reproductive Treatment Act 2008; 15.2 Health Records Act 2001; 15.3 Information Privacy Act 2000; r. 9 -- 4 of 7 -- S.R. No. 154/2009 Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009 4 15.4 Public Health and Wellbeing Act 2008 section 122. (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 health and privacy list of the human rights division. 16 Mental Health List (1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the mental health list of the human rights division. 16.1 Mental Health Act 1986 section 79 (decisions of Secretary), section 120 (decisions of Mental Health Review Board). (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 mental health list of the human rights division.". 11 Consequential amendments In Part 1 of Schedule 1 to the Principal Rules, items 1.23, 1.24, 1.25, 1.26 and 1.30 are revoked. r. 11 -- 5 of 7 -- S.R. No. 154/2009 Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009 5 Dated: 7 December 2009 KEVIN H. BELL, President MARILYN HARBISON, Vice-President MICHAEL F. MACNAMARA, Member BILL (VASILIOS) SIBONIS, Member ═══════════════ r. 11 -- 6 of 7 -- S.R. No. 154/2009 Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009 6 ENDNOTES 1 Rule 4: S.R. No. 65/2008. Endnotes -- 7 of 7 --