{"id":"sr:victorian-civil-and-administrative-tribunal-federal-jurisdiction-matters","name":"Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021","slug":"victorian-civil-and-administrative-tribunal-federal-jurisdiction-matters-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185938,"registerId":"vic-sr:victorian-civil-and-administrative-tribunal-federal-jurisdiction-matters-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021","content":"Version No. 001\n\n**Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021**\n\n**S.R. No. 141/2021**\n\nVersion as at  \n29 November 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definitions 1\n\n5 Functions and powers that may be exercised by an officer 2\n\n6 Reconstruction of certain references 2\n\nSchedule 1—Functions and powers that may be exercised by officers 4\n\n═════════════\n\nEndnotes 6\n\n1 General information 6\n\n2 Table of Amendments 8\n\n3 Amendments Not in Operation 9\n\n4 Explanatory details 10\n\n**Version No.** **001**\n\n**Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021**\n\n**S.R. No. 141/2021**\n\nVersion as at  \n29 November 2021\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe functions and powers of the principal registrar of VCAT that may be exercised by the principal registrar and registrars of the Magistrates' Court, and ancillary matters,  in relation to substituted proceedings under Part 3A of the **Victorian Civil and Administrative Tribunal Act 1998**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 161 of the **Victorian Civil and Administrative Tribunal Act 1998**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 29 November 2021.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***officer*** means a magistrate, judicial registrar, registrar or other staff appointed under the **Magistrates' Court Act 1989**, acting in that capacity;\n\n***principal registrar of the Magistrates' Court***  has the same meaning as ***principal registrar***  has  in section 3(1) of the **Magistrates' Court Act 1989**;\n\n***principal registrar of VCAT*** means the principal registrar employed under section 32(1)(a) of the Act;\n\n***registrar of the Magistrates' Court***  has the same meaning as ***registrar***  has in section 3(1) of the **Magistrates' Court Act 1989**;\n\n***the Act*** means the **Victorian Civil and Administrative Tribunal Act 1998**.\n\n\t5 Functions and powers that may be exercised by an officer\n\n(1) For the purposes of Part 3A of the Act, a function or power of the principal registrar of VCAT under a provision of the Act or an enabling enactment specified in column 1 of Schedule 1 may be exercised by an officer specified in column 3 of that Schedule, subject to any qualification set out in that column.\n\n(2) The descriptions in column 2 of Schedule 1 are inserted for reference only and do not affect the operation of these Regulations.\n\n\t6 Reconstruction of certain references\n\n(1) In a section of the Act or an enabling enactment specified in subregulation (2), a reference to \"principal registrar\" in that section includes the principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court for the purpose of, or in relation to, the exercise of a function or power under a provision specified in Schedule 1.\n\n(2) For the purposes of subregulation (1), the following sections are specified—\n\n(a) sections 333(1)(c), 346(a), 348(1), 349(b), 486(a)(i), 498ZZJ(1)(c) and 498ZZM(a) of the **Residential Tenancies Act 1997**;\n\n(b) section 128(c) of the **Supported Residential Services (Private Proprietors) Act 2010**.\n\nSchedule 1—Functions and powers that may be exercised by officers\n\n| *Item No.* | *Column 1*<br>*Provision of Act or enabling enactment* | *Column 2*<br>*Description of function or    power* | *Column 3*<br>*Officer who may exercise function or power* |\n| --- | --- | --- | --- |\n| **Residential** **Tenancies Act 1997** | | | |\n| 1. | s. 351(1) | Issue a warrant of possession | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |\n| 2. | s. 355(1)(d) | Sign a warrant of possession | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |\n| 3. | s. 359 | Notification to sheriff after a warrant of possession is returned | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |\n| 4. | s. 498ZZP(1) | Issue a warrant of possession (specialist disability accommodation) | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |\n| 5. | s. 498ZZR(1)(d) | Sign a warrant of possession | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |\n| **Supported Residential Services (Private Proprietors) Act 2010** | | | |\n| 6. | s. 129(1) | Issue a warrant to remove resident | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n| **Victorian Civil and Administrative Tribunal Act 1998** | | | |\n| 7. | Schedule 1, clause 16(1) | Notification to the Victorian Equal Opportunity and Human Rights Commission of application under section 121 of the **Equal Opportunity Act 2010** for an interim order | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |\n| 8. | Schedule 1, clause 72(1) | Required referral of application under the **Residential Tenancies Act** **1997** for investigation and report by the Director | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |\n| 9. | Schedule 1, clause 72(2) | At request of a party, referral of application under the **Residential Tenancies Act** **1997** for investigation and report by the Director | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |\n| 10. | Schedule 1, clause 72A | Notification to Residential Tenancies Bond authority of an order made under section 420B of the **Residential Tenancies Act** **1997** or the withdrawal of an application made under section 419A of that Act | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |\n| 11. | Schedule 1, clause 73 | Amendment of application in a proceeding under the **Residential Tenancies Act** **1997** before it is heard | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021, S.R. No. 141/2021 were made on 23 November 2021 by the Governor in Council under section 161 of the **Victorian Civil and Administrative Tribunal Act 1998**, No. 53/1998 and came into operation on 29 November 2021: regulation 3.\n\nThe Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021 will sunset 10 years after the day of making on 23 November 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: enabling Magistrates' Court officers to exercise specific VCAT principal registrar functions in substituted proceedings. The scope has not expanded beyond this administrative facilitation role."},"complexity_factors":["Only 6 substantive regulations plus a short schedule","4 defined terms, all straightforward institutional roles","Single-layer conditional logic (subject to qualifications in Schedule 1 column 3)","No nested exceptions or cross-referencing beyond pointing to specific sections of other Acts","Schedule 1 is a simple lookup table with 11 items across 3 Acts","No delegated legislative powers or complex machinery provisions"],"plain_english_summary":"**What this does:**\nThese regulations allow certain court staff from the Magistrates' Court to perform specific administrative tasks for VCAT (the Victorian Civil and Administrative Tribunal) in federal jurisdiction matters. Essentially, when VCAT is handling cases that involve federal law (called \"substituted proceedings\" under Part 3A of the VCAT Act), these rules let Magistrates' Court registrars step in and do paperwork that would normally be done by VCAT's principal registrar.\n\n**Who it affects:**\n- **Tenants and landlords** – The regulations cover warrants of possession (eviction orders) under residential tenancy laws\n- **People in supported residential services** – Covers warrants to remove residents from these facilities\n- **VCAT and Magistrates' Court staff** – Specifically the principal registrars and registrars who process these documents\n\n**Key practical changes:**\n- **Magistrates' Court registrars can now issue and sign warrants of possession** that VCAT has ordered (items 1–5 in Schedule 1)\n- **They can notify the sheriff** when eviction warrants are returned (item 3)\n- **They can handle bond authority notifications** and application amendments for tenancy disputes (items 10–11)\n- **They can refer tenancy matters** to the Director for investigation (items 8–9)\n\n**Why it matters:**\nThis is administrative machinery to make the \"substituted proceedings\" system work smoothly. When federal jurisdiction cases are transferred to VCAT, these rules ensure the practical paperwork (especially urgent eviction warrants) can still be processed through the Magistrates' Court system, which may have better resources or geographic coverage for these administrative functions. It prevents a bottleneck where VCAT's principal registrar would be the only person who could sign off on these documents."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available text, the regulations appear to serve their stated purpose: providing procedural rules for VCAT when exercising federal jurisdiction. There is no indication of scope creep beyond this focused technical function. However, the source text provided is heavily truncated (largely version history metadata), so a full scope assessment of the operative provisions is not possible."},"complexity_factors":["Intersection of state and federal constitutional law, requiring understanding of Chapter III of the Australian Constitution (which governs judicial power)","Jurisdictional boundary issues between state tribunal authority and federal judicial power","Requires familiarity with both the Victorian Civil and Administrative Tribunal Act 1998 (Vic) and relevant federal enabling legislation","Limited source text provided — full complexity of the operative provisions cannot be assessed from the available excerpt","The subject matter (federal jurisdiction vested in state bodies) is an area of ongoing legal complexity and litigation in Australian constitutional law","Procedural regulations often interact with multiple parent Acts simultaneously, multiplying interpretive layers"],"plain_english_summary":"These regulations set the procedural rules VCAT must follow when it hears disputes involving federal law, clarifying how the state tribunal can validly manage and decide those matters despite constitutional limits on exercising federal judicial power. \n\nThey affect people, businesses, and VCAT members involved in federally‑based claims (eg. discrimination or consumer disputes) by keeping those processes legally sound."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No. The instrument confines delegation to the specific functions and powers listed in Schedule 1 and only reconstructs references to \"principal registrar\" for those sections (see regulations 5–6 and Schedule 1). It does not broaden other statutory authorities or create new substantive powers beyond the identified administrative actions."},"complexity_factors":["Cross-references to multiple Acts (VCAT Act, Magistrates' Court Act, Residential Tenancies Act, Supported Residential Services Act)","Reconstruction of statutory references so that \"principal registrar\" can include Magistrates' Court officers (regulation 6)","Schedule-based mapping that ties particular statutory powers to specific officer types rather than a general delegation (Schedule 1)","Technical definitions of who counts as an \"officer\" and which officer titles may act (regulation 4)","Limited substantive scope (administrative/registry functions) but operational reliance on external agencies (sheriff, bond authority, Director, Commission)"],"plain_english_summary":"These Regulations allow certain functions and powers normally performed by VCAT’s principal registrar in substituted proceedings under Part 3A of the VCAT Act to be exercised by officers of the Magistrates’ Court (magistrates, judicial registrars, registrars and the court’s principal registrar). They apply mainly to administrative steps in residential-tenancy and supported-residential-services matters (warrants, notifications, referrals and pre-hearing amendments) and therefore change who formally carries out those specific actions."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/victorian-civil-and-administrative-tribunal-federal-jurisdiction-matters-regulations-2021","history":"/api/acts/victorian-civil-and-administrative-tribunal-federal-jurisdiction-matters-regulations-2021/history","analysis":"/api/acts/victorian-civil-and-administrative-tribunal-federal-jurisdiction-matters-regulations-2021/analysis","conflicts":"/api/acts/victorian-civil-and-administrative-tribunal-federal-jurisdiction-matters-regulations-2021/conflicts","importantCases":"/api/acts/victorian-civil-and-administrative-tribunal-federal-jurisdiction-matters-regulations-2021/important-cases","documents":"/api/acts/victorian-civil-and-administrative-tribunal-federal-jurisdiction-matters-regulations-2021/documents"}}