VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 When does a person make a decision?
- 5 When are a person's interests affected by a decision?
- 6 When is a document in a person's possession?
- 7 Act binds the Crown
PART 2--VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
Division 1--Establishment and membership
- 8 Establishment of Tribunal
- 10 President
- 11 Vice Presidents
- 11A Short-term Vice Presidents
- 12 Deputy Presidents
- 13 Senior members
- 14 Ordinary members
Division 2--General provisions relating to members
- 15 Applications for appointment
- 16 Appointment of members
- 16A Internal promotion of Tribunal members
- 16B Amendment of appointment of sessional and non‑sessional members
- 17 Terms and conditions of service
- 17AA Appropriation of certain amounts in relation to non‑judicial members
- 17A Salary sacrifice
- 18 Prohibition on outside employment
- 18A Entry into part-time service arrangement
- 18B Variation of part-time service arrangement
- 18C Termination of part-time service arrangement
- 19 Disclosure of interests
- 20 Resignation
- 21 Vacation of office
- 25 Validity of proceedings
- 25A Member or former member may not represent a party
- 25B Member or former member may not appear as expert witness
Division 3--Acting appointments
- 26 Acting President
- 27 Acting Vice President
- 28 Acting Deputy President
- 28A Acting senior member
- 29 Additional acting judicial appointments
Division 4--Administration
- 30 Administrative functions of President and Vice Presidents
- 31 President to advise Minister
- 32 Employment of registrars and other staff
- 32AA Principal registrar to give assistance
- 32A Delegation by principal registrar
- 33 Delegation by President and Vice Presidents
- 34 Secrecy
- 35 Prohibition on secondary disclosures
- 36 Further restriction on disclosure
- 37 Annual report
- 38 Where may the Tribunal sit?
- 38AA Disclosure of information or data by Tribunal
Division 5--Professional development and training
- 38A Professional development and training
PART 3--THE TRIBUNAL--JURISDICTION AND FUNCTIONS
Division 1--Introductory
- 39 Structure of Part
- 40 Jurisdiction of the Tribunal
- 41 What is original jurisdiction?
- 42 What is review jurisdiction?
Division 2--Original jurisdiction
Division 3--Review jurisdiction
- 45 Request for statement of reasons for decision
- 46 Decision-maker to give statement of reasons on request
- 47 The Tribunal may order statement of reasons to be given
- 48 How is review jurisdiction invoked?
- 49 Decision-maker must lodge material
- 50 Effect of original decision pending review
- 51 Functions of Tribunal on review
- 51A Tribunal may invite decision-maker to reconsider decision
- 52 Limitation of courts' jurisdiction in planning matters
- 53 Cabinet documents
- 54 Crown privilege
- 55 Certain questions not required to be answered
- 56 Exclusion of general rules of public interest
- 57 Application of statements of policy
PART 3A--FEDERAL SUBJECT MATTER
- 57A Definitions
- 57B Applications to Magistrates' Court
- 57C Substituted proceedings
- 57D Extension of limitation periods
- 57E Time limits for dealing with applications
- 57F Rights and liabilities—past invalid Tribunal decisions
- 57G Effect of things done or omitted to be done under or in relation to rights and liabilities
- 57H Powers of Magistrates' Court in relation to rights and liabilities
- 57I Rights and liabilities do not apply in certain circumstances
- 57J Transfer of substituted proceedings
- 57K Part prevails
PART 4--THE TRIBUNAL--GENERAL PROCEDURE
Division 1--Introduction
- 58 Structure of Part
Division 2--Parties
- 59 Who are the parties to a proceeding?
- 60 Joinder of parties
- 60A Removal of parties
- 61 Unincorporated associations
- 62 Representation of parties
- 63 Interpreters
- 63A Support persons
Division 3--Constitution of Tribunal
- 64 Constitution of Tribunal in proceedings
- 65 Who presides in a proceeding?
- 66 Opinions equally divided
Division 4--Preliminary procedure
- 67 How to make an application to the Tribunal
- 68 Application fee
- 69 Procedure where a matter is referred to the Tribunal
- 70 Referral fee
- 71 Principal registrar or the Tribunal may reject certain applications
- 72 Notification of commencement
- 73 Intervention
- 74 Withdrawal of proceedings
- 75 Summary dismissal of unjustified proceedings
- 76 Summary dismissal for want of prosecution
- 77 More appropriate forum
- 78 Conduct of proceeding causing disadvantage
- 78A Application of Division 9 of Part III of Evidence (Miscellaneous Provisions) Act 1958—Document unavailability
- 79 Security for costs
- 80 Directions
- 81 Obtaining information from third parties
- 82 Consolidation of proceedings
Division 5--Compulsory conferences, mediation and settlement
- 83 Compulsory conferences
- 84 Tribunal may require personal attendance at compulsory conference
- 85 Evidence inadmissible
- 86 Party may object to member hearing the proceeding
- 87 What happens if a party fails to attend a compulsory conference?
- 88 Mediation
- 89 Tribunal or mediator may require personal attendance at mediation
- 90 What happens if mediation is successful?
- 91 What happens if mediation is unsuccessful?
- 92 Evidence inadmissible
- 93 Settlement of proceeding
- 93A Party may object to mediator hearing the proceeding
Division 6--Referral to experts
- 94 Expert witnesses and expert evidence
- 95 Special referees
- 96 Referral of questions of law to Court
Division 7--Hearings
- 97 Tribunal must act fairly
- 98 General procedure
- 99 Notice of hearings
- 100 Method of conducting hearings
- 102 Evidence
- 103 Authorisation of person to take evidence
- 104 Witness summons
- 105 Rule against self-incrimination does not apply
- 106 Other claims of privilege
- 107 Dealing with questions of law
- 108 Reconstitution of Tribunal
Division 8--Costs
- 109 Power to award costs
- 110 Costs of intervention
- 111 Amount of costs
- 112 Presumption of order for costs if settlement offer is rejected
- 113 Provisions regarding settlement offers
- 114 Provisions concerning the acceptance of settlement offers
- 115 Consequences if accepted offer is not complied with
Division 8A--Reimbursement of fees
- 115A Definitions
- 115B Orders as to reimbursement or payment of fees
- 115C Presumption of order for reimbursement of fees to successful party in certain proceedings
- 115CA Presumption of order for reimbursement of fees in certain planning matters
- 115D Division does not affect Tribunal's powers as to costs
Division 9--Orders
- 116 Form and service
- 117 Reasons for final orders
- 118 When does an order come into operation?
- 119 Correcting mistakes
- 120 Re-opening an order on substantive grounds
- 120A Re-opening an order for enforcement reasons
- 121 Enforcement of monetary orders
- 122 Enforcement of non-monetary orders
Division 10--General powers
- 123 Injunctions
- 124 Declarations
- 125 Advisory opinions
- 125A Assessment of costs or damages in undertakings
- 126 Extension or abridgment of time and waiver of compliance
- 127 Power to amend documents
- 128 Retention of documents and exhibits
- 129 Power of entry and inspection
- 130 Power to impose conditions and make further orders
- 131 Variation or revocation of procedural order or direction
- 132 Reduction, waiver, postponement, remission or refund of fees
- 132A Tribunal may issue or transmit documents electronically
Division 11--Offences
- 133 Non-compliance with order
- 134 Failing to comply with summons
- 135 Failing to give evidence
- 136 False or misleading information
- 137 Contempt
- 138 Appeal against punishment for contempt
- 139 Double jeopardy
Division 12--Service of documents
Division 13--General
- 142 Judicial notice
- 143 Immunity of participants
- 144 Register of proceedings
- 145 Principal registrar's certificate
- 146 Proceeding files
- 147 Publication of determinations and orders
- 147A Information sharing functions—Residential Tenancies Act 1997
PART 5--APPEALS FROM THE TRIBUNAL
PART 6--RULES COMMITTEE
Division 1--Establishment of Rules Committee
Division 2--Procedure of Rules Committee
Division 3--Exercise of powers
- 157 Power to make rules
- 157A Rules may provide for certain functions of the Tribunal to be performed by principal registrar
- 157B Review of decision of the Tribunal constituted by principal registrar
- 158 Practice notes
PART 7--MISCELLANEOUS
- 159 Dealing with inconsistencies
- 160 Supreme Court—limitation of jurisdiction
- 161 Regulations
- 162 Transitional provision—Justice Legislation (Miscellaneous Amendments) Act 2006
- 163 Transitional provision—Justice Legislation (Further Amendment) Act 2006
- 164 Transitional provision—Equal Opportunity Act 2010
- 165 Transitional—Justice Legislation Amendment (Family Violence and Other Matters) Act 2012
- 166 Savings—Open Courts Act 2013
- 167 Transitional provision—Victorian Civil and Administrative Tribunal Amendment Act 2014
- 168 Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2014
- 169 Savings—Justice Legislation Further Amendment Act 2016
- 170 Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
- 171 Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
- 172 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
- 173 Transitional—Justice Legislation Amendment (Access to Justice) Act 2018—enforcement of monetary orders
- 174 Transitional—Justice Legislation Amendment (Access to Justice) Act 2018—enforcement of
- 175 Transitional—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020