Version No. 083
Victorian Civil and Administrative Tribunal Act 1998
No. 53 of 1998
Version incorporating amendments as at
1 July 2013
table of provisions
Section Page
xiii
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 1
3 Definitions 1
4 When does a person make a decision? 5
5 When are a person's interests affected by a decision? 7
6 When is a document in a person's possession? 7
7 Act binds the Crown 7
Part 2—Victorian Civil and Administrative Tribunal 9
Division 1—Establishment and membership 9
8 Establishment of Tribunal 9
9 Membership 9
10 President 9
11 Vice Presidents 10
11A Short-term Vice Presidents 11
12 Deputy Presidents 12
13 Senior members 12
14 Ordinary members 13
Division 2—General provisions relating to members 14
15 Applications for appointment 14
16 Appointment of members 14
16A Internal promotion of Tribunal members 15
17 Remuneration and allowances 16
17A Salary sacrifice 16
18 Prohibition on outside employment 17
19 Disclosure of interests 17
20 Resignation 18
21 Vacation of office 18
22 Suspension of non-judicial member 18
23 Investigation of non-judicial member 19
24 Removal of non-judicial member from office 20
25 Validity of proceedings 20
25A Member or former member may not represent a party 20
Division 3—Acting appointments 21
26 Acting President 21
27 Acting Vice President 23
28 Acting Deputy President 24
29 Additional acting judicial appointments 25
Division 4—Administration 26
30 Administrative functions of President and Vice Presidents 26
31 President to advise Minister 27
32 Employment of registrars and other staff 27
33 Delegation by President and Vice Presidents 28
34 Secrecy 28
35 Prohibition on secondary disclosures 29
36 Further restriction on disclosure 30
37 Annual report 31
38 Where may the Tribunal sit? 32
Division 5—Professional development and training 32
38A Professional development and training 32
Part 3—The Tribunal—Jurisdiction and
Functions 33
Division 1—Introductory 33
39 Structure of Part 33
40 Jurisdiction of the Tribunal 33
41 What is original jurisdiction? 33
42 What is review jurisdiction? 33
Division 2—Original jurisdiction 33
43 How is original jurisdiction invoked? 33
44 Functions of the Tribunal 34
Division 3—Review jurisdiction 34
Subdivision 1—Obtaining reasons for decisions 34
45 Request for statement of reasons for decision 34
46 Decision-maker to give statement of reasons on request 34
47 The Tribunal may order statement of reasons to be given 36
Subdivision 2—Jurisdiction of the Tribunal 37
48 How is review jurisdiction invoked? 37
49 Decision-maker must lodge material 37
50 Effect of original decision pending review 38
51 Functions of Tribunal on review 39
52 Limitation of courts' jurisdiction in planning matters 41
Subdivision 3—Matters of privilege and policy 43
53 Cabinet documents 43
54 Crown privilege 43
55 Certain questions not required to be answered 44
56 Exclusion of general rules of public interest 45
57 Application of statements of policy 45
Part 4—The Tribunal—General Procedure 47
Division 1—Introduction 47
58 Structure of Part 47
Division 2—Parties 47
59 Who are the parties to a proceeding? 47
60 Joinder of parties 48
61 Unincorporated associations 48
62 Representation of parties 49
63 Interpreters 52
Division 3—Constitution of Tribunal 52
64 Constitution of Tribunal in proceedings 52
65 Who presides in a proceeding? 52
66 Opinions equally divided 53
Division 4—Preliminary procedure 53
67 How to make an application to the Tribunal 53
68 Application fee 54
69 Procedure where a matter is referred to the Tribunal 55
70 Referral fee 55
71 Principal registrar or the Tribunal may reject certain
applications 55
72 Notification of commencement 56
73 Intervention 57
74 Withdrawal of proceedings 58
75 Summary dismissal of unjustified proceedings 59
76 Summary dismissal for want of prosecution 60
77 More appropriate forum 60
78 Conduct of proceeding causing disadvantage 61
78A Application of Division 9 of Part III of Evidence
(Miscellaneous Provisions) Act 1958—Document
unavailability 62
79 Security for costs 62
80 Directions 63
81 Obtaining information from third parties 63
82 Consolidation of proceedings 64
Division 5—Compulsory conferences, mediation and settlement 64
83 Compulsory conferences 64
84 Tribunal may require personal attendance at compulsory conference 65
85 Evidence inadmissible 65
86 Party may object to member hearing the proceeding 66
87 What happens if a party fails to attend a compulsory
conference? 66
88 Mediation 66
89 Tribunal or mediator may require personal attendance at mediation 67
90 What happens if mediation is successful? 67
91 What happens if mediation is unsuccessful? 67
92 Evidence inadmissible 68
93 Settlement of proceeding 68
Division 6—Referral to experts 68
94 Use of experts 68
95 Special referees 68
96 Referral of questions of law to Court 69
Division 7—Hearings 69
97 Tribunal must act fairly 69
98 General procedure 69
99 Notice of hearings 70
100 Method of conducting hearings 71
101 Hearings to be public unless otherwise ordered 71
102 Evidence 72
103 Authorisation of person to take evidence 73
104 Witness summons 74
105 Rule against self-incrimination does not apply 74
106 Other claims of privilege 75
107 Dealing with questions of law 75
108 Reconstitution of Tribunal 76
Division 8—Costs 77
109 Power to award costs 77
110 Costs of intervention 78
111 Amount of costs 79
112 Presumption of order for costs if settlement offer is rejected 79
113 Provisions regarding settlement offers 80
114 Provisions concerning the acceptance of settlement offers 80
115 Consequences if accepted offer is not complied with 81
Division 9—Orders 82
116 Form and service 82
117 Reasons for final orders 82
118 When does an order come into operation? 83
119 Correcting mistakes 83
120 Re-opening an order on substantive grounds 84
121 Enforcement of monetary orders 85
122 Enforcement of non-monetary orders 85
Division 10—General powers 86
123 Injunctions 86
124 Declarations 87
125 Advisory opinions 87
126 Extension or abridgment of time and waiver of compliance 87
127 Power to amend documents 88
128 Retention of documents and exhibits 88
129 Power of entry and inspection 89
130 Power to impose conditions and make further orders 90
131 Variation or revocation of procedural order or direction 90
132 Waiver of fees 91
Division 11—Offences 91
133 Non-compliance with order 91
134 Failing to comply with summons 92
135 Failing to give evidence 93
136 False or misleading information 94
137 Contempt 94
138 Appeal against punishment for contempt 96
139 Double jeopardy 97
Division 12—Service of documents 97
140 Service 97
141 When is service effective? 99
Division 13—General 100
142 Judicial notice 100
143 Immunity of participants 100
144 Register of proceedings 101
145 Principal registrar's certificate 102
146 Proceeding files 102
147 Publication of determinations and orders 103
Part 5—Appeals from the Tribunal 104
148 Appeals from the Tribunal 104
149 Tribunal may stay its order pending appeal 106
Part 6—Rules Committee 107
Division 1—Establishment of Rules Committee 107
150 Establishment of Committee 107
151 Functions 107
152 Membership 107
153 Appointment and terms of members 108
Division 2—Procedure of Rules Committee 109
154 Who presides at a meeting? 109
155 Quorum and meeting procedure 109
156 Validity of decisions 110
Division 3—Exercise of powers 110
157 Power to make rules 110
158 Practice notes 110
Part 7—Miscellaneous 111
159 Dealing with inconsistencies 111
160 Supreme Court—limitation of jurisdiction 111
161 Regulations 111
162 Transitional provision—Justice Legislation (Miscellaneous Amendments) Act 2006 112
163 Transitional provision—Justice Legislation (Further Amendment) Act2006 112
164 Transitional provision—Equal Opportunity Act2010 113
165 Transitional—Justice Legislation Amendment (Family Violence and Other Matters) Act2012 113
______
SCHEDULES 115
SCHEDULE 1—Variations from Parts 3 and 4 for Various Proceedings 115
PART 1—INTRODUCTION 115
1 Purpose of Schedule 115
2 Definitions 115
Part1A—Aboriginal Heritage Act 2006 117
2A Constitution of Tribunal 117
PART 2—ACCIDENT COMPENSATION ACT 1985 118
3 Privilege 118
4 Powers of Tribunal on review of assessment or amendment of contributions 118
Part 2A—Assisted Reproductive Treatment
Act2008 118
4A Fees 118
4B Constitution of Tribunal for hearings 118
Part 2AB—Australian Consumer law and fair Trading Act2012 119
4C What is a small claim? 119
4D Representation 119
4E Withdrawal of application 119
4F Tribunal cannot extend time for commencing proceedings 119
4G Member of Tribunal can mediate 120
4H Resolution of objection to certain members constituting the Tribunal 120
4I Costs and security for costs 120
4J Reasons must be requested at time of decision 121
PART 3—CHILDREN, YOUTH AND FAMILIES ACT 2005 121
5 Constitution of Tribunal 121
6 Tribunal cannot alter time limits 121
PART 5—CREDIT ENACTMENTS 122
7 Constitution of Tribunal in certain proceedings 122
8 Representation 122
9 Referral to Director 122
10 Any member of Tribunal may make a declaration 123
11 Reasons must be requested at time of decision 123
Part 5AA—disability act 2006 123
11AA Application of provisions 123
11AB Representation 124
11AC Appointment of litigation guardian 124
11AD Fees 124
11AE Commencement 124
11AF Costs of expert 125
11AG Personal attendance 125
11AH Tribunal may allow certain persons to remain 125
11AI Restriction on access to information 125
11AIA Application for review of assessment order 126
Part 5AAB—Health Practitioner Regulation National Law (Victoria) 126
11AJ Constitution of Tribunal for hearings 126
PART 5A—HEALTH PROFESSIONS REGISTRATION
ACT2005 126
11A Constitution of Tribunal for hearings 126
PART 5B—HEALTH RECORDS ACT 2001 127
11F Intervention by Health Services Commissioner 127
11G Notification in other proceedings 127
11H Health Services Commissioner may apply for interim
injunction 127
11I Compulsory conference 127
11J Settlement offers 128
PART 6—DOMESTIC BUILDING CONTRACTS ACT 1995 128
11K Definitions 128
12 Referral to Director, Victorian Building Authority or
Building Practitioners Board 128
12A Tribunal may request information about domestic building dispute 129
PART 7—EQUAL OPPORTUNITY ACT 2010 129
13 Meaning of Commission 129
14 Unincorporated associations can be parties 130
15 Notification of commencement in certain section 89 matters 130
16 Notification in proceedings for interim orders 130
17 Withdrawal of proceeding 131
18 Summary dismissal of application more than 12months old 131
19 Commission may apply for interim injunction 131
20 Exemptions under section 89 131
21 Evidence of mediation not admissible even if parties agree 132
22 Settlement offers 132
23 Notification of commencement of inquiry under
section139(2)(c) 132
PART 8—FREEDOM OF INFORMATION ACT 1982 133
29 Statement of reasons for decision 133
29A Person whose personal privacy is affected may intervene 133
29B Powers of Tribunal 134
29C Constitution of Tribunal for purposes of proceedings under clause29B 134
29D Hearing of certain proceedings before the Tribunal 134
30 Tribunal file in FOI proceeding not open for inspection 136
PART 9—GUARDIANSHIP AND ADMINISTRATION
ACT1986 136
31 Constitution of Tribunal for proceedings 136
32 Notification of commencement 137
33 Public Advocate may intervene or be joined 138
34 Withdrawal of application does not preclude future
application 138
35 Referral to administrators for report 138
36 Proceeding not invalidated by failure to give notice 138
37 Confidentiality of proceedings 139
38 Settlement offers 139
PART 10—HERITAGE ACT 1995 140
39 National Trust must be given opportunity to be heard 140
PART 11—HOUSE CONTRACTS GUARANTEE ACT 1987 140
40 Referral to Director, Victorian Building Authority or
Building Practitioners Board 140
PART 11A—INFORMATION PRIVACY ACT 2000 141
40A Intervention by Privacy Commissioner 141
40B Notification in other proceedings 141
40C Privacy Commissioner may apply for interim injunction 141
40D Compulsory conference 141
40E Settlement offers 142
PART 12—INSTRUMENTS ACT 1958 142
40F Constitution of Tribunal for proceedings 142
41 Public Advocate may intervene or be joined 142
42 Referral to administrators for report 143
43 Proceeding not invalidated by failure to give notice 143
44 Confidentiality of proceedings 143
PART 13—LAND ACQUISITION AND COMPENSATION ACT1986 144
45 Documents to accompany application 144
46 Costs 144
PART 13A—LEGAL PROFESSION ACT 2004 145
46A More appropriate forum 145
46B Representation and appearances 145
46C Constitution of Tribunal for rehearings 145
46D Costs in disciplinary matters 146
Part 13B—Local Government Act 1989 147
46E Constitution of Tribunal 147
46F Costs 147
PART 14—MEDICAL TREATMENT ACT 1988 148
47 Public Advocate may intervene or be joined 148
48 Referral to administrators for report 148
49 Proceeding not invalidated by failure to give notice 148
50 Confidentiality of proceedings 149
PART 15—MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 149
51 Costs 149
PART 15AA—OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 150
51AA Representation 150
51AB Costs 150
51AC Effect of certain orders 150
Part 15AB—Owners CorporationS Act2006 151
51AD Any member of Tribunal may make a declaration 151
51ADA Tribunal may make orders for costs incurred by owners corporations 151
Part 15AC—PHARMACY REGULATION ACT2010 152
51AE Constitution of Tribunal for hearings 152
PART 16—PLANNING ENACTMENTS 152
52 Constitution of Tribunal 152
53 Decision-maker not obliged to give reasons 152
54 Decision-maker not obliged to lodge documents 153
55 Further notice if there is a failure to comply with legislation 153
56 Parties to lodge grounds 153
57 Intervention 154
58 Minister's call in powers in Planning and Environment Act matters 155
59 Call in powers in other planning matters 156
60 Tribunal may refer planning matters to Governor in Council 157
61 Effect of referral to Governor in Council 158
62 Tribunal may disregard failures to comply 159
63 Costs 159
64 Amendment of application 160
65 Extension of time 161
66 Questions of law 161
PART 16A—PROPERTY LAW ACT 1958 162
66A Constitution of Tribunal 162
Part 16B—Public health and wellbeing act2008 162
66B Application of provisions 162
66C Constitution of Tribunal 162
66D Compulsory conferences, mediation and settlement not
to apply 163
66E Costs of an expert 163
66F Restriction on access to information 163
66G Confidentiality of proceeding 163