Victorian Civil and Administrative Tribunal (Amendment) Act 2004

Victorian Legislation Parliamentary Documents i Victorian Civil and Administrative Tribunal (Amendment) Act 2004 Act No. 53/2004 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. New clauses 58 and 59 substituted in Schedule 1 (call in powers) 2 58. Minister's call in powers in Planning and Environment Act matters 2 59. Call in powers in other planning matters 3 4. Effect of referral to Governor in Council 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Victorian Legislation Parliamentary Documents 1 Victorian Civil and Administrative Tribunal (Amendment) Act 2004 † [Assented to 31 August 2004] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to the powers of the Minister for Planning to call in certain proceedings from the Victorian Civil and Administrative Tribunal. 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent. Victoria No. 53 of 2004 -- 2 of 6 -- Victorian Legislation Parliamentary Documents Act No. 53/2004 Victorian Civil and Administrative Tribunal (Amendment) Act 2004 2 3. New clauses 58 and 59 substituted in Schedule 1 (call in powers) For clauses 58 and 59 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute— "58. Minister's call in powers in Planning and Environment Act matters (1) This clause applies to a proceeding for review of a decision under the Planning and Environment Act 1987 if the Minister administering the Planning and Environment Act 1987 considers that— (a) the proceeding raises a major issue of policy; and (b) the determination of the proceeding may have a substantial effect on the achievement or development of planning objectives. (2) The Minister administering the Planning and Environment Act 1987 may— (a) by notice in writing to the principal registrar call in the proceeding; or (b) invite the Tribunal— (i) to decline to hear or to continue to hear the proceeding and refer it to the Governor in Council for determination; or (ii) to hear or to continue to hear the proceeding but, without determining it, refer it with recommendations to the Governor in Council for determination. (3) A notice or invitation under sub-clause (2) is of no effect unless it is given— (a) before the final determination of the proceeding; and (b) no later than 7 days before the day fixed for the hearing of the proceeding. s. 3 See: Act No. 53/1998 Reprint No. 3 as at 1 July 2003 and amending Act Nos 18/2003, 30/2003 and 75/2003. LawToday: www.dms. dpc.vic. gov.au -- 3 of 6 -- Victorian Legislation Parliamentary Documents Act No. 53/2004 Victorian Civil and Administrative Tribunal (Amendment) Act 2004 3 (4) If the Minister calls in a proceeding under sub- clause (2)(a)— (a) the Tribunal must not commence or continue to hear the proceeding; and (b) the principal registrar must refer the proceeding to the Governor in Council for determination. (5) In sub-clause (3) a reference to a hearing does not include a reference to a hearing in the nature of a directions hearing, preliminary hearing or interlocutory hearing. (6) This clause applies to a proceeding existing on or after the commencement of section 3 of the Victorian Civil and Administrative Tribunal (Amendment) Act 2004. 59. Call in powers in other planning matters (1) This clause applies to a proceeding for review of a decision under a planning enactment other than the Planning and Environment Act 1987 if the Minister administering the relevant planning enactment considers that the proceeding raises a major issue of policy. (2) The Minister administering the relevant planning enactment may request the Minister administering the Planning and Environment Act 1987 to— (a) by notice in writing to the principal registrar call in the proceeding; or (b) invite the Tribunal— (i) to decline to hear or to continue to hear the proceeding and refer it to the Governor in Council for determination; or (ii) to hear or to continue to hear the proceeding but, without determining it, refer it with recommendations to the Governor in Council for determination. (3) The Minister administering the Planning and Environment Act 1987 must comply with a request under sub-clause (2). s. 3 -- 4 of 6 -- Victorian Legislation Parliamentary Documents Act No. 53/2004 Victorian Civil and Administrative Tribunal (Amendment) Act 2004 4 (4) A notice or invitation under this clause is of no effect unless it is given— (a) before the final determination of the proceeding; and (b) no later than 7 days before the day fixed for the hearing of the proceeding. (5) If the Minister calls in a proceeding by notice under this clause— (a) the Tribunal must not commence or continue to hear the proceeding; and (b) the principal registrar must refer the proceeding to the Governor in Council for determination. (6) In sub-clause (4) a reference to a hearing does not include a reference to a hearing in the nature of a directions hearing, preliminary hearing or interlocutory hearing. (7) This clause applies to a proceeding existing on or after the commencement of section 3 of the Victorian Civil and Administrative Tribunal (Amendment) Act 2004.". 4. Effect of referral to Governor in Council After clause 61(1) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert— "(1A) If a proceeding is referred to the Governor in Council under clause 58, 59 or 60, the Governor in Council is not bound by any decision, determination or order made by the Tribunal in the proceeding.". ═══════════════ s. 4 -- 5 of 6 -- Victorian Legislation Parliamentary Documents Act No. 53/2004 Victorian Civil and Administrative Tribunal (Amendment) Act 2004 5 ENDNOTES † Minister's second reading speech— Legislative Council: 27 May 2004 Legislative Assembly: 25 August 2004 The long title for the Bill for this Act was "to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to the powers of the Minister for Planning to call in certain proceedings from the Victorian Civil and Administrative Tribunal and for other purposes." Endnotes -- 6 of 6 --