Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009
S.R. No. 154/2009
table of provisions
RulePage
RulePage
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Lists
6General List
7Occupational and Business Regulation List
8New clause 9A of Part 2 of Schedule 1
9AOwners Corporation List
9Real Property List
10New clauses 15 and 16 of Part 3 of Schedule 1
15Health and Privacy List
16Mental Health List
11Consequential amendments
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ENDNOTES
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S.R. No. 154/2009
Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009
statutory rules 2009
S.R. No. 154/2009
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S.R. No. 154/2009
Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009
Victorian Civil and Administrative Tribunal Act 1998
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S.R. No. 154/2009
Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009
Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009
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S.R. No. 154/2009
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:
1Object
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.
2Authorising provisions
These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers.
3Commencement
These Rules come into operation on 1January 2010.
4Principal Rules
r. 4
In these Rules, the Victorian Civil and Administrative Tribunal Rules 2008[1] are called the Principal Rules.
5Lists
(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.".
6General List
In clause 1(1) in Part 1 of Schedule 1 to the Principal Rules, after item 1.33 insert—
"1.33APublic Health and Wellbeing Act 2008 section 204;".
7Occupational and Business Regulation List
In clause 3(1) in Part 1 of Schedule 1 to the Principal Rules, after item 3.27 insert—
"3.27APublic Health and Wellbeing Act 2008 section 207;".
8New 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.
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.".
9Real Property List
r. 9
In clause 10(1) in Part 2 of Schedule 1 to the Principal Rules—
(a)for item 10.3substitute—
"10.3 Owners Corporations Act 2006Part 6 and Part11;";
(b) in item 10.6 omit "Part 5,".
10New 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;
15.3Information Privacy Act 2000;
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.
16Mental 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 1986section 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.".
11Consequential amendments
r. 11
In Part 1 of Schedule 1 to the Principal Rules, items 1.23, 1.24, 1.25, 1.26 and 1.30 are revoked.
Dated:7 December 2009
KEVIN H. BELL, President
MARILYN HARBISON, Vice-President
MICHAEL F. MACNAMARA, Member
BILL (VASILIOS) SIBONIS, Member
r. 11
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S.R. No. 154/2009
Victorian Civil and Administrative Tribunal (Lists Amendment) Rules 2009
ENDNOTES
Endnotes
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[1] Rule 4: S.R. No. 65/2008.