Victorian Civil and Administrative Tribunal (Amendment No. 12) Rules 2003

Victorian Legislation and Parliamentary Documents i Victorian Civil and Administrative Tribunal (Amendment No. 12) Rules 2003 S.R. No. 110/2003 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. New Rule 5.09.1 2 5.09.1 Prompt Final Hearing Procedure 2 6. Amendment to Schedule 1—allocation of functions 3 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2003 S.R. No. 110/2003 Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal (Amendment No. 12) Rules 2003 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 provision for a prompt hearing procedure in the planning and environment list of the administrative division of the Tribunal and to make miscellaneous amendments to the Principal Rules concerning lists and 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 1 October 2003. 4. Principal Rules In these Rules, the Victorian Civil and Administrative Tribunal Rules 19981 are called the Principal Rules. -- 2 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 110/2003 Victorian Civil and Administrative Tribunal (Amendment No. 12) Rules 2003 2 5. New Rule 5.09.1 After Rule 5.09 of the Principal Rules insert— "5.09.1 Prompt Final Hearing Procedure (1) This Rule applies to a proceeding under sections 39, 78, 80 (unless an objector is entitled to be given notice of the application for review), 81, Division 3 of Part 4, Part 4A, Division 5 of Part 6 and section 184 of the Planning and Environment Act 1987. (2) A party may request the principal registrar for a prompt final hearing. (3) On receipt of a request under sub-rule (2), the principal registrar may list the proceeding for a prompt final hearing. (4) If an address for a person or body on an application or referral is incorrect, that person or body, after being advised by the principal registrar of a hearing date, but in any event no later than 4.00 p.m. 2 days before the prompt final hearing of the proceeding, must file with the Tribunal a statement of address in Victoria for the service of documents. (5) A person who intends to contest a proceeding and 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 the proceeding must lodge the statement with the Tribunal no later than 4.00 p.m., two days before the day fixed for the prompt final hearing of the proceeding.". r. 5 -- 3 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 110/2003 Victorian Civil and Administrative Tribunal (Amendment No. 12) Rules 2003 3 6. Amendment to Schedule 1—allocation of functions (1) In Schedule 1 to the Principal Rules, in Part 1— (a) after clause 1(p) insert— "(pa) Health Records Act 2001;"; (b) after clause 1(s) insert— "(sa) Information Privacy Act 2000;"; (c) after clause 1(zc) insert— "(zca) Sports Event Ticketing (Fair Access) Act 2002;"; (d) after clause 3(eaa) insert— "(eab) Chinese Medicine Registration Act 2000;"; (e) after clause 3(zj) insert— "(zja) Utility Meters (Metrological Controls) Act 2002;"; (f) after clause 3(zl), insert— "(zla) Victorian Institute of Teaching Act 2001;". (2) In Schedule 1 to the Principal Rules, in Part 2— (a) in clause 2, after "the civil division—" insert— "(aaa) Domestic Building Contracts Act 1995;"; (b) after clause 8(a) insert— "(ab) Retail Leases Act 2003;". r. 6 -- 4 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 110/2003 Victorian Civil and Administrative Tribunal (Amendment No. 12) Rules 2003 4 Dated: 26 September 2003 STUART MORRIS, President MICHAEL STRONG, Vice-President TIM WOOD, Vice-President MARGARET BAIRD, Member ═══════════════ r. 6 -- 5 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 110/2003 Victorian Civil and Administrative Tribunal (Amendment No. 12) Rules 2003 5 ENDNOTES 1 Rule 4: S.R. No. 87/1998. Reprint No. 3 as at 13 March 2003, subsequently amended by S.R. No. 81/2003. Endnotes -- 6 of 6 --