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Victorian Civil and Administrative Tribunal (Amendment No. 4) Rules 2013

S.R. No. 16/2013

TABLE OF PROVISIONSRule Page

1 Object 12 Authorising provisions 13 Commencement 14 Principal Rules 15 Lists 16 Assignment of members 27 Functions under section 47(1) of the Act to be exercised in

general list of administrative division 28 New Rule 4.27 inserted 3

4.27 Time 39 Order 5 substituted 4

ORDER 5—ADMINISTRATIVE DIVISION 4

PART 1—PLANNING AND ENVIRONMENT LIST 4

5.01 Tribunal may direct disclosure of valuation evidence 45.02 Time within which statement of grounds must be

lodged in case of proceeding under planning enactment 55.03 Applications to the planning and environment list 55.04 Referral of disputes—section 39(1) of the Planning

and Environment Act 1987 65.05 Additional requirement if document is served

electronically 6

PART 2—REVIEW AND REGULATION LIST 7

5.06 Form of application 75.07 Constitution of Tribunal in proceedings 7

10 Order 6 amendments 811 New Rule 6.30A inserted 9

6.30A Warrant of possession—Disability Act 2006 9

1

12 New Order 7 inserted 9

ORDER 7—HUMAN RIGHTS DIVISION 9

PART 1—HUMAN RIGHTS LIST 9

Division 1—Complaints under the Equal Opportunity Act 1995—Transitional Rules 9

7.01 Application of Division 1 97.02 Notifications 107.03 Interlocutory applications 127.04 Additional functions of principal registrar 137.05 Rule 4.04 not to apply to proceedings under Equal

Opportunity Act 1995 or the Racial and Religious Tolerance Act 2001 13

7.06 Jurisdictional hearings and functions under section 156 of the Equal Opportunity Act 1995 13

Division 2—Applications under the Equal Opportunity Act 2010 and the Racial and Religious Tolerance Act 2001 14

7.07 Application of Division 147.08 Rule 4.03 does not apply 147.09 Information for applications 14

PART 2—GUARDIANSHIP LIST 14

7.10 Service by principal registrar 147.11 Form of register of proceedings and matters contained

therein 1513 Clause 1 of Schedule 1 substituted 15

1 Legal Practice List 1514 Clause 2 of Schedule 1 (Land Valuation List) revoked 1615 Clause 3 of Schedule 1 (Occupational and Business Regulation

List) revoked 1616 Part 1 of Schedule 1—Planning and Environment List 1617 Part 1 of Schedule 1—Clause 5 substituted 18

5 Review and Regulation List 1818 Part 2 of Schedule 1—Civil Claims List 2319 Part 2 of Schedule 1—Credit List 2320 Part 2 of Schedule 1—Domestic Building List 2421 Part 2 of Schedule 1—Legal Practice List 2422 Part 2 of Schedule 1—Owners Corporation List 2423 Part 2 of Schedule 1—Real Property List 2524 Part 2 of Schedule 1—Residential Tenancies List 2525 Part 2 of Schedule 1—Retail Tenancies List 2526 Clause 13 of Schedule 1 (Anti-discrimination List) revoked 2527 Clause 15 of Schedule 1 substituted 26

15 Human Rights List 2628 Clause 16 of Schedule 1 (Mental Health List) revoked 27

29 Form 4 amended 2730 New Form 10A 27

Form 10A—Warrant of Possession—Disability Act 2006 27

═══════════════ENDNOTES 29

STATUTORY RULES 2013

S.R. No. 16/2013

Victorian Civil and Administrative Tribunal Act 1998


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 miscellaneous amendments to the Victorian Civil and Administrative Tribunal Rules 2008.

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 15 February 2013.

4 Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 20081 are called the Principal Rules.

5 Lists

(1) For Rule 2.03(2) of the Principal Rules substitute—

"(2) The following lists of the administrative division are established—

1

(a) legal practice list;

(b) planning and environment list;

(c) review and regulation list.".

(2) Rule 2.03(3)(b) of the Principal Rules is revoked.

(3) For Rule 2.03(3)(d) of the Principal Rules substitute—

"(d) owners corporations list;".

(4) Rule 2.03(3)(da) of the Principal Rules is revoked.

(5) For Rule 2.03(4) of the Principal Rules substitute—

"(4) The following lists of the human rights division are established—

(a) guardianship list;

(b) human rights list.".

(6) In Rule 2.03(6) of the Principal Rules for "general list" substitute "review and regulation list".

6 Assignment of members

In Rule 2.07(1) of the Principal Rules, for "must" substitute "may".

7 Functions under section 47(1) of the Act to be exercised in general list of administrative division

(1) In the heading to Rule 3.02 of the Principal Rules for "general" substitute "review and regulation".

(2) In Rule 3.02 of the Principal Rules for "general" substitute "review and regulation".

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8 New Rule 4.27 inserted

After Rule 4.26 of the Principal Rules insert—

"4.27 Time

(1) Unless the contrary intention expressly appears, any period of time fixed by the Act or these Rules in relation to a proceeding or in any order in a proceeding shall be calculated in accordance with this Rule.

(2) Where a time of one day or longer is to begin on, or be calculated from, a day or event, the day or the date of the event shall be excluded.

(3) Where a time of one day or longer is to end on, or be calculated to, a day or event, the day or date of the event shall be included.

(4) Where the last day for doing any act at the Tribunal is a day on which the Tribunal registry is closed, the act may be done on the next day the Tribunal registry is open.

(5) In calculating the time fixing, extending or abridging the time that any document must be lodged or filed with the Tribunal, a document that is lodged or filed after 4.00 p.m. or on any day that the Tribunal registry is closed is taken to have been lodged or filed on the next day the registry is open.

(6) Subrule (5) does not apply to an application to commence a proceeding or any other originating process.".

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9 Order 5 substituted

For Order 5 of the Principal Rules substitute—

"ORDER 5—ADMINISTRATIVE DIVISION

PART 1—PLANNING AND ENVIRONMENT LIST

5.01 Tribunal may direct disclosure of valuation evidence

(1) This rule applies to—

(a) a proceeding under the Land Acquisition and Compensation Act 1986 or a proceeding to which that Act applies; and

(b) a proceeding under Part III of the Valuation of Land Act 1960 or a proceeding to which that Part applies.

(2) A member of the Tribunal may direct that each party to a proceeding to which this rule applies give to the other party—

(a) the names of the valuers it proposes to call;

(b) the amount of the valuation placed by each valuer on the land that is the subject of the appeal; and

(c) details of all sales and rentals relied upon by the valuer in arriving at the valuation.

(3) The member may give such a direction at any time—

(a) on application by any party; or

(b) of his or her own motion.

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(4) If such a direction is given, a party may not call or rely on, without the leave of the Tribunal—

(a) any valuer whose name was not given to the other party; or

(b) any evidence of sales or rentals that was not given to the other party.

5.02 Time within which statement of grounds must be lodged in case of proceeding under planning enactment

A person 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 a proceeding must lodge the statement with the Tribunal—

(a) within the period directed by the Tribunal; or

(b) if there is no direction, within 14 days after being served with notice of the proceeding.

5.03 Applications to the planning and environment list

(1) An application to the planning and environment list—

(a) must be in writing; and

(b) must contain the following details with respect to the applicant and the respondent—

(i) full name; and

(ii) address for service; and

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(c) must identify the Act, including the section, or other legislative provision under which it is brought; and

(d) must contain a brief description of the issue or matter in dispute; and

(e) must state the remedy being sought from the Tribunal.

(2) Rule 4.03 does not apply to an application referred to in subrule (1).

5.04 Referral of disputes—section 39(1) of the Planning and Environment Act 1987

(1) A referral under section 39(1) of the Planning and Environment Act 1987 must comply with the requirements set out in rule 5.03.

(2) The referral must also contain—

(a) the date on which the person became aware of the alleged failure to comply; and

(b) the name of the Minister, planning authority or panel alleged to have failed to comply with Division 1, 2 or 3 of Part 3, or Part 8, of the Planning and Environment Act 1987.

5.05 Additional requirement if document is served electronically

An applicant in a proceeding under an enactment set out in clause 4 in Part 1 of Schedule 1 who serves the initiating document in that proceeding on another person by electronic transmission must, within 24 hours of sending the transmission to that person, deliver or send by post to that person a copy of that document.

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PART 2—REVIEW AND REGULATION LIST

5.06 Form of application

(1) An application under an enactment allocated to the review and regulation list for a disciplinary inquiry must—

(a) be in writing; and

(b) state the provision under which it is made and the person who is the subject of the application.

(2) Rule 4.03 does not apply to an application referred to in subrule (1).

5.07 Constitution of Tribunal in proceedings

(1) Subject to subrule (3), any matter arising under a provision of the Estate Agents Act 1980 that is allocated to the review and regulation list must be determined by the Tribunal constituted by at least 3 members including—

(a) a member being a person who has been admitted to legal practice for not less than 5 years; and

(b) a member with experience in and who represents the interests of the real estate industry; and

(c) a member with knowledge of natural persons who use real estate industry services and who represents their interests.

(2) Subject to subrule (3), any matter arising under a provision of the Sex Work Act 1994 that is allocated to the review and regulation list must be determined by the Tribunal constituted by at least 3 members including—

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(a) a member being a person who has been admitted to legal practice for not less than 5 years; and

(b) a member who shall be either—

(i) a barrister and solicitor of the Supreme Court or of the High Court of Australia with knowledge, experience and expertise in criminal law, company law or another area of law relevant to the functions of the Tribunal under the Sex Work Act 1994; or

(ii) a member of the police force of or above the rank of inspector; and

(c) a member who has knowledge of the prostitution industry in Victoria or of health, occupational health and safety, enforcement or general community issues relevant to the functions of the Tribunal under the Sex Work Act 1994.

(3) The President may determine that a particular matter may be determined by the Tribunal constituted otherwise than in accordance with the requirements of subrules (1) or (2).

__________________".

10 Order 6 amendments

(1) In the heading to Order 6 of the Principal Rules omit "AND HUMAN RIGHTS DIVISION".

(2) Part 1 of Order 6 of the Principal Rules is revoked.

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11 New Rule 6.30A inserted

After Rule 6.30 of the Principal Rules insert—

"6.30A Warrant of possession—Disability Act 2006

For the purposes of section 85B of the Disability Act 2006, a warrant of possession is in the prescribed form if it is in Form 10A in Schedule 2.".

12 New Order 7 inserted

After Order 6 of the Principal Rules insert—

"ORDER 7—HUMAN RIGHTS DIVISION

PART 1—HUMAN RIGHTS LIST

Division 1—Complaints under the Equal Opportunity Act 1995—Transitional Rules

7.01 Application of Division 1

(1) This Division applies to proceedings, whether commenced before, on or after 19 September 2011 to which—

(a) by virtue of Division 2 of Part 14 of the Equal Opportunity Act 2010, the Equal Opportunity Act 1995, as in force immediately before its repeal, continues to apply; or

(b) by virtue of Part 5 of the Racial and Religious Tolerance Act 2001, that Act, as in force immediately before 1 August 2011, continues to apply; or

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(c) by virtue of section 164, the Act, as in force immediately before 1 August 2011, continues to apply.Note

19 September 2011 is the commencement date of the Victorian Civil and Administrative Tribunal (Anti Discrimination List Amendment) Rules 2011.

(2) In this Division, complaint includes a complaint under the Racial and Religious Tolerance Act 2001 as in force immediately before 1 August 2011.

7.02 Notifications

(1) If a complaint is referred to the Tribunal by the Minister or the Victorian Equal Opportunity and Human Rights Commission under the Equal Opportunity Act 1995, the referral must—

(a) include a copy of the complaint; and

(b) if the request for referral was made by the complainant, include a copy of that request; and

(c) state the names and addresses for service of the parties to the complaint, what unlawful conduct is claimed, and what enactment is claimed to be breached; and

(d) state the date of any decision of the Victorian Equal Opportunity and Human Rights Commission or the chief conciliator from which the referral arose and state the enactment under which that decision was made; and

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(e) if the referral was made following a decision by the chief conciliator that it was not reasonably possible to successfully conciliate the complaint or that attempts at conciliation had been unsuccessful, state the date of the last conciliation meeting or conference before that decision was made.

(2) Within 7 days after receiving a referral referred to in subrule (1), the principal registrar must give a copy of the referral to the complainant and the respondent.

(3) An application under Division 2 of Part 3 of the Racial and Religious Tolerance Act 2001 must—

(a) include a copy of the complaint and of the Victorian Equal Opportunity and Human Rights Commission's decision to decline to entertain it; and

(b) state the names and addresses for service of the parties to the complaint.

(4) If a complaint is referred to the Tribunal by the Minister or the Victorian Equal Opportunity and Human Rights Commission under the Equal Opportunity Act 1995, the complainant must give to the principal registrar written notice of the complainant's address in Victoria for service of documents within 7 days after receiving notice of the referral under subrule (1).

(5) An applicant to the Tribunal under section 109, 121, 124 or 131 of the Equal Opportunity Act 1995 must, when making the application, provide to the principal registrar an address for service of documents for each other party to the proceeding.

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(6) Rule 4.03 does not apply to an application referred to in this rule.

7.03 Interlocutory applications

(1) This rule applies to an application to the Tribunal under section 109, 121, 124 or 131 of the Equal Opportunity Act 1995.

(2) An application to which this rule applies must—

(a) be accompanied by a copy of the complaint or, if the applicant does not have one, any information which the applicant is able to give about the nature of the complaint and the identity of the parties to it; and

(b) if the application relates to a determination of the Victorian Equal Opportunity and Human Rights Commission, give any information which the applicant is able to give about the nature and date of the determination; and

(c) if, under the Equal Opportunity Act 1995 there are requirements to be met before the application can be made, include information that those requirements have been met; and

(d) in the case of an application under section 131 of the Equal Opportunity Act 1995 for an interim order—

(i) state each order that is sought; and

(ii) be accompanied by an affidavit setting out the facts and circumstances on which the applicant relies.

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(3) Rule 4.03 does not apply to an application to which this rule applies.

7.04 Additional functions of principal registrar

The principal registrar may not reject, under section 71(1) of the Act—

(a) an application made to the Tribunal under the Equal Opportunity Act 1995 or the Racial and Religious Tolerance Act 2001; or

(b) an application made under the Victorian Civil and Administrative Tribunal Act 1998 in a proceeding under the Equal Opportunity Act 1995 or the Racial and Religious Tolerance Act 2001.

7.05 Rule 4.04 not to apply to proceedings under Equal Opportunity Act 1995 or the Racial and Religious Tolerance Act 2001

Rule 4.04 does not apply to proceedings under the Equal Opportunity Act 1995 or the Racial and Religious Tolerance Act 2001.

7.06 Jurisdictional hearings and functions under section 156 of the Equal Opportunity Act 1995

When exercising its functions under section 156 of the Equal Opportunity Act 1995, the Tribunal shall be constituted as determined by the President.

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Division 2—Applications under the Equal Opportunity Act 2010 and the Racial and

Religious Tolerance Act 2001

7.07 Application of Division

This Division applies to an application under—

(a) section 122 of the Equal Opportunity Act 2010;

(b) section 23 of the Racial and Religious Tolerance Act 2001.

7.08 Rule 4.03 does not apply

Rule 4.03 does not apply to an application to which this Division applies.

7.09 Information for applications

An application to which this Division applies must contain the following—

(a) the names, addresses, telephone numbers and contact details of the applicant and each respondent;

(b) details of the contravention alleged;

(c) details of the remedy sought.

PART 2—GUARDIANSHIP LIST

7.10 Service by principal registrar

Subject to any order of the Tribunal, if the principal registrar undertakes service of an application, under section 72(2)(a) of the Act, in a proceeding entered in the guardianship list, service must take place within 21 days after lodgement of the application with the Tribunal.

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7.11 Form of register of proceedings and matters contained therein

Despite Rule 4.24, in proceedings allocated to the guardianship list, the register contains only the following—

(a) the number identifying the proceeding;

(b) the date of commencement;

(c) the names of the parties,

(d) if the proceeding is withdrawn, the date of the withdrawal.

__________________".

13 Clause 1 of Schedule 1 substituted

For clause 1 of Schedule 1 to the Principal Rules substitute—

"1 Legal Practice List

(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the legal practice list of the administrative division.

1.1 Australian Consumer Law and Fair Trading Act 2012 (dispute between a legal practitioner and a client of a legal practitioner);

1.2 Legal Profession Act 2004.

(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 legal practice list of the administrative division.".

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14 Clause 2 of Schedule 1 (Land Valuation List) revoked

Clause 2 of Schedule 1 to the Principal Rules is revoked.

15 Clause 3 of Schedule 1 (Occupational and Business Regulation List) revoked


16 Part 1 of Schedule 1—Planning and Environment List

(1) In Schedule 1 to the Principal Rules, after item 4.2 insert—

"4.2A Climate Change Act 2010;".

(2) In Schedule 1 to the Principal Rules, item 4.5 is revoked.

(3) In Schedule 1 to the Principal Rules, in item 4.6, for "and 41A (interim conservation orders)" substitute ", 41A (interim conservation orders) and 43(12) (claims for compensation)".


"4.6A Gambling Regulation Act 2003;

4.6B Health Services Act 1988 section 67 (compulsory acquisition of land);".


"4.7A Land Acquisition and Compensation Act 1986;".

(6) In Schedule 1 to the Principal Rules, in item 4.8, after "sections" insert "183 (differential rating),".

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"4.8A Major Transport Projects Facilitation Act 2009;".

(8) In Schedule 1 to the Principal Rules, for item 4.9 substitute—

"4.9 Mineral Resources (Sustainable Development) Act 1990;".

(9) After item 4.10 of Schedule 1 to the Principal Rules insert—

"4.10A Pipelines Act 2005 section 154;".

(10) In Schedule 1 to the Principal Rules, in item 4.11 omit "except sections 94(5) and 105 (see land valuation list)".


"4.12 Plant Biosecurity Act 2010 sections 48 (accreditation to issue assurance certificates) and 59 (review of the Minister's determination on costs);".


"4.13 Subdivision Act 1988;".


"4.14 Valuation of Land Act 1960 Part III (disputes on the value of land);".


"4.15 Water Act 1989 except section 19 (see real property list);".

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17 Part 1 of Schedule 1—Clause 5 substituted


"5 Review and Regulation List

(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the review and regulation list of the administrative division.

5.1 Accident Compensation Act 1985;

5.2 Accident Towing Services Act 2007;

5.3 Adoption Act 1984 sections 129A(1)(a) (decisions regarding fitness to adopt and approval to adopt), 129A(1)(b) (decisions regarding approval of adoption agencies) and 129A(1)(c) (decisions regarding accreditation of bodies);

5.4 Agricultural and Veterinary Chemicals (Control of Use) Act 1992;

5.5 Architects Act 1991;

5.6 Associations Incorporation Reform Act 2012;

5.7 Biological Control Act 1986;

5.8 Births, Deaths and Marriages Registration Act 1996;

5.9 Building Act 1993 Division 12 of Part 12A;

5.10 Bus Safety Act 2009;

5.11 Business Franchise Acts;

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5.12 Cemeteries and Crematoria Act 2003;

5.13 Children, Youth and Families Act 2005;

5.14 Children's Services Act 1996;

5.15 Co-operatives Act 1996;

5.16 Conveyancers Act 2006 (sections 33 (inquiries into the conduct of licensees), 34 (determination on inquiry) and 187;

5.17 Country Fire Authority Act 1958;

5.18 Dairy Act 2000;

5.19 Dangerous Goods Act 1985;

5.20 Disability Act 2006 section 45 (registration of a disability service provider);

5.21 Domestic Animals Act 1994 sections 98(1) (registration of premises to conduct a domestic animal business) and 98(2) (declaration and registration of dangerous dogs);

5.22 Drugs, Poisons and Controlled Substances Act 1981;

5.23 Education and Training Reform Act 2006 Division 14 of Part 2.6 and Part 4.8;

5.24 Electoral Act 2002;

5.25 Electricity Safety Act 1998;

5.26 Emergency Management Act 1986;

5.27 Emergency Services Superannuation Act 1986;

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5.28 Equipment (Public Safety) Act 1994;

5.29 Estate Agents Act 1980 except section 56B(1) (see real property list);

5.30 Firearms Act 1996 section 182 (decisions of Firearms Appeals Committee);

5.31 First Home Owner Grant Act 2000;

5.32 Fisheries Act 1995;

5.33 Freedom of Information Act 1982;

5.34 Fundraising Act 1998;

5.35 Gas Safety Act 1997;

5.36 Health Practitioner Regulation National Law Part 8, Divisions 12 and 13;

5.37 Health Services Act 1988 section 110 (decisions of Minister or Chief General Manager under Part 4);

5.38 Liquor Control Reform Act 1998;

5.39 Livestock Disease Control Act 1994;

5.40 Local Government Act 1989 sections 30, 38(2A), 48, 81D, 81E, 81J(1)(b), 81K, 81L, 81Q and 81R and clause 8 of Schedule 12;

5.41 Major Sporting Events Act 2009;

5.42 Meat Industry Act 1993 section 24 (licences to operate meat processing facilities, alteration of buildings);

5.43 Melbourne and Metropolitan Board of Works Act 1958;

5.44 Metropolitan Fire Brigades Act 1958;

5.45 Motor Car Traders Act 1986 except section 45 (see civil claims list);

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5.46 Occupational Health and Safety Act 2004;

5.47 Occupational Health and Safety Regulations 2007;

5.48 Owner Drivers and Forestry Contractors Act 2005 section 41 (dispute between contractor and hirer);

5.49 Owners Corporations Act 2006 Part 6 and Part 12;

5.50 Parliamentary Salaries and Superannuation Act 1968;

5.51 Pipelines Act 2005 sections 64, 83 and 182;

5.52 Prevention of Cruelty to Animals Act 1986 section 33 (licensing of scientific establishments and breeding establishments);

5.53 Private Security Act 2004 Part 7;

5.54 Professional Boxing and Combat Sports Act 1985 (licences, permits and registration);

5.55 Public Health and Wellbeing Act 2008 sections 204 and 207;

5.56 Racing Act 1958;

5.57 Rail Safety Act 2006 Part 7;

5.58 Relationships Act 2008 Part 2.4 of Chapter 2;

5.59 Road Management Act 2004;

5.60 Road Safety (Vehicles) Regulations 2009 regulations 128 (external review of decisions relating to registration of vehicles) and 215;

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5.61 Second-Hand Dealers and Pawnbrokers Act 1989 sections 9B and 14 (correction of register);

5.62 Sex Work Act 1994;

5.63 State Employees Retirement Benefits Act 1979;

5.64 State Superannuation Act 1988;

5.65 Superannuation (Portability) Act 1989;

5.66 Surveying Act 2004 section 33 (review of decision, finding or determination);

5.67 Taxation Administration Act 1997;

5.68 Therapeutic Goods (Victoria) Act 2010 section 30;

5.69 Transport Accident Act 1986;

5.70 Transport (Compliance and Miscellaneous) Act 1983;

5.71 Transport Superannuation Act 1988;

5.72 Travel Agents Act 1986;

5.73 Unclaimed Money Act 2008, sections 59, 61 and 63;

5.74 Utility Meters (Metrological Controls) Act 2002;

5.75 Veterinary Practice Act 1997 section 55 (registration and discipline);

5.76 Victims of Crime Assistance Act 1996;

5.77 Victoria State Emergency Service Act 2005;

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5.78 Victoria State Emergency Service Regulations 2006;

5.79 Victorian Plantations Corporation Act 1993;

5.80 Victorian Qualifications Authority Act 2000;

5.81 Wildlife Act 1975;

5.82 Working with Children Act 2005.

(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 review and regulation list of the administrative division.".

18 Part 2 of Schedule 1—Civil Claims List

In Schedule 1 to the Principal Rules, for items 6.1 and 6.2 substitute—

"6.1 Australian Consumer Law and Fair Trading Act 2012;

6.2 Conveyancers Act 2006 section 146 (claims against the Victorian Property Fund);

6.2A Credit Act 1984;

6.2B Domestic Building Contracts Act 1995;".

19 Part 2 of Schedule 1—Credit List

In Schedule 1 to the Principal Rules, clause 7 is revoked.

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20 Part 2 of Schedule 1—Domestic Building List



8.1A Building Act 1993 except Division 12 of Part 12A;".


21 Part 2 of Schedule 1—Legal Practice List

In Schedule 1 to the Principal Rules, clause 9 is revoked.

22 Part 2 of Schedule 1—Owners Corporation List

(1) In Schedule 1 to the Principal Rules, in the heading to clause 9A for "Corporation" substitute "Corporations".

(2) For clause 9A(1) of Schedule 1 to the Principal Rules substitute—

"(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the owners corporations list of the civil division.

9A.1 Australian Consumer Law and Fair Trading Act 2012;

9A.2 Owners Corporations Act 2006 Part 6 and Part 11;

9A.3 Subdivision Act 1988 Part 5, and sections 36 and 39 (other disputes).".

(3) In clause 9A(2) of Schedule 1 to the Principal Rules for "owners corporation list" substitute "owners corporations list".

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23 Part 2 of Schedule 1—Real Property List

(1) In Schedule 1 to the Principal Rules, for items 10.1 and 10.2 substitute—


10.2 Estate Agents Act 1980 section 56B(1) (disputes about commission and outgoings);".

(2) In Schedule 1 to the Principal Rules—

(a) for item 10.6 substitute—

"10.6 Water Act 1989 section 19 (civil liability arising from various causes).";

(b) items 10.7 and 10.8 are revoked.

24 Part 2 of Schedule 1—Residential Tenancies List

In Schedule 1 to the Principal Rules, for items 11.1 and 11.2 substitute—


11.2 Disability Act 2006 Division 2 of Part 5;".

25 Part 2 of Schedule 1—Retail Tenancies List

In Schedule 1 to the Principal Rules, for item 12.1 substitute—

"12.1. Australian Consumer Law and Fair Trading Act 2012;".

26 Clause 13 of Schedule 1 (Anti-discrimination List) revoked


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27 Clause 15 of Schedule 1 substituted


"15 Human Rights List

(1) The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the human rights list of the human rights division.

15.1 Assisted Reproductive Treatment Act 2008;

15.2 Disability Act 2006 section 50 (decision as to disability);

15.3 Equal Opportunity Act 2010;

15.4 Health Records Act 2001;

15.5 Information Privacy Act 2000;

15.6 Mental Health Act 1986 section 79 (decisions of Secretary), section 120 (decisions of Mental Health Review Board);

15.7 Public Health and Wellbeing Act 2008 section 122;

15.8 Racial and Religious Tolerance Act 2001.

(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 human rights list of the human rights division.".

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28 Clause 16 of Schedule 1 (Mental Health List) revoked


29 Form 4 amended

In Schedule 2 to the Principal Rules, in Form 4, for "complainant" substitute "applicant".

30 New Form 10A

In Schedule 2 to the Principal Rules, after Form 10 insert—

"FORM 10A

Victorian Civil and Administrative Tribunal Rules 2008

Rule 6.30A

WARRANT OF POSSESSION—DISABILITY ACT 2006

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNALRegistry ref:

RESIDENTIAL TENANCIES LIST

Name of Applicant(s)—

Name of Respondent—

TO: *OFFICER IN CHARGE, POLICE STATION at [place], or

*[Name of authorised person]

TAKE NOTICE that on [date] the Victorian Civil and Administrative Tribunal ordered that the resident vacate a room at—

[insert details]

AND that a warrant of possession issue.

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YOU are authorised, within [insert number of days, not to exceed 30] days of the day on which this warrant was issued—

(a) to enter the room and group home, by force if necessary; and

(b) with such assistance as is necessary, to compel all persons for the time being occupying the room to vacate the room and the group home and give possession of them to the applicant.

NOTES

1. Section 85B(3) of the Disability Act 2006 provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods from the room or group home.

2. Section 85B(4) of the Disability Act 2006 provides that entry under a warrant of possession must not be made—

(a) between the hours of 6 p.m and 8 a.m; or

(b) on a Sunday or public holiday.

Date of issue—[date]

[Signed]

Principal Registrar

*delete if inapplicable

__________________".

Dated: 11 February 2013

GREGORY GARDE, President

PAMELA JENKINS, Vice President

M. F. MACNAMARA, Vice President

MARK DWYER, Deputy President

BILL SIBONIS, Member═══════════════

S.R. No. 16/2013


28

r. 30

ENDNOTES

Endnotes S.R. No. 16/2013


29

1 Rule 4: S.R. No. 65/2008. Reprint No. 1 as at 1 April 2012. Reprinted to S.R. No. 1/2012.

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