{"id":"sr:victorian-civil-and-administrative-tribunal-oath-and-affirmation-office","name":"Victorian Civil and Administrative Tribunal (Oath and Affirmation of Office) Regulations 2023","slug":"victorian-civil-and-administrative-tribunal-oath-and-affirmation-of-office-regulations-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185896,"registerId":"vic-sr:victorian-civil-and-administrative-tribunal-oath-and-affirmation-office-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victorian Civil and Administrative Tribunal (Oath and Affirmation of Office) Regulations 2023","content":"Version No. 001\n\n**Victorian Civil and Administrative Tribunal (Oath and Affirmation of Office) Regulations 2023**\n\n**S.R. No. 19/2023**\n\nVersion as at  \n22 April 2023\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Oath or affirmation of office 1\n\nSchedule 1—Oath and affirmation of office 3\n\n═════════════\n\nEndnotes 4\n\n1 General information 4\n\n2 Table of Amendments 6\n\n3 Explanatory details 7\n\n**Version No.** **001**\n\n**Victorian Civil and Administrative Tribunal (Oath and Affirmation of Office) Regulations 2023**\n\n**S.R. No. 19/2023**\n\nVersion as at  \n22 April 2023\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe the form and manner of an oath of office and an affirmation of office for non-judicial members of the Victorian Civil and Administrative Tribunal.\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 22 April 2023.\n\n\t4 Revocation\n\nThe Victorian Civil and Administrative Tribunal (Oath and Affirmation of Office) Regulations 2013[[1]](#endnote-1) are **revoked**.\n\n\t5 Oath or affirmation of office\n\n(1) For the purposes of section 16(4) of the **Victorian Civil and Administrative Tribunal Act 1998**, the prescribed form of an oath or affirmation of office for a non-judicial member is set out in the Schedule.\n\n(2) An oath or affirmation of office for a non-judicial member must be administered by a presidential member.\n\nSchedule 1—Oath and affirmation of office\n\nRegulation 5\n\nOATH OF OFFICE\n\nI, [*Full name*], swear by Almighty God [*or the person may name a god recognised by the person's religion*]  that as a member of the Victorian Civil and Administrative Tribunal I will at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.\n\nAFFIRMATION OF OFFICE\n\nI, [*Full name*], solemnly and sincerely declare and affirm that as a member of the Victorian Civil and Administrative Tribunal I will at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.\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 (Oath and Affirmation of Office) Regulations 2023, S.R. No. 19/2023 were made on 28 March 2023 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 22 April 2023: regulation 3.\n\nThe Victorian Civil and Administrative Tribunal (Oath and Affirmation of Office) Regulations 2023 will sunset 10 years after the day of making on 28 March 2033 (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 (Oath and Affirmation of Office) Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 45/2013. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation appears to do exactly what its title suggests — prescribe the form of oath and affirmation for VCAT office holders. There is no indication of scope creep or departure from the original intent. It is a standard administrative regulation replacing or updating a prior equivalent instrument."},"complexity_factors":["Extremely narrow and procedural subject matter — only prescribes oath/affirmation wording","No substantive legal rights or obligations created for the general public","Straightforward enabling regulation under a parent Act (VCAT Act 1998)","Limited source material provided — the legislative text itself appears incomplete or corrupted in the provided document, making full analysis difficult","No complex definitions, exemptions, or multi-stage compliance requirements"],"plain_english_summary":"These regulations prescribe the exact oath or affirmation VCAT members must make before exercising their powers. They apply to newly appointed tribunal members and ensure decision‑makers formally commit to faithful, impartial performance of their duties. \n\nIt’s a procedural safeguard: without taking the prescribed oath or affirmation a member cannot lawfully act, so the rules protect the integrity of VCAT’s decisions for anyone appearing before the tribunal."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It is a direct replacement of the 2013 regulations with the same scope: prescribing oath and affirmation forms for VCAT members. No expansion of purpose or creeping scope."},"complexity_factors":["Only 5 regulations total","No defined terms section","Single, straightforward purpose: prescribing oath/affirmation wording","No cross-references to other legislation beyond the basic authorising provision","No conditional logic or exceptions","Schedule contains only the prescribed forms with minimal bracketed options"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the exact words that non-judicial members of VCAT (the Victorian Civil and Administrative Tribunal) must say when they are sworn into office. Think of it like a script for a formal ceremony.\n\n**Who it affects:**\n\n- **Non-judicial members of VCAT** — these are tribunal members who are not judges. They hear disputes about things like renting, building works, discrimination, and consumer complaints.\n- **Presidential members** — senior VCAT members who must administer (oversee) the oath or affirmation.\n\n**What are the options?**\n\nMembers can choose between:\n- **An oath** — swearing to God (or a deity recognised by their religion) to do their job properly\n- **An affirmation** — making a solemn declaration without any religious reference\n\nBoth versions promise the same thing: to treat everyone equally, follow the law, and do the job to the best of their ability \"without fear, favour or affection\" (meaning they won't be influenced by personal relationships, bribes, or intimidation).\n\n**Why it matters:**\n\nThis ensures all VCAT members make a formal, public commitment to integrity and fairness before they start deciding cases that affect Victorians' lives. It replaces the 2013 version of the same rules."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation does not alter the scope of who must take an oath or affirmation; it restates and standardises the form and administration for non‑judicial VCAT members (reg 1; reg 5). It revokes the 2013 regulations (reg 4) but does not add new categories of officeholders, enforcement powers, penalties, or substantive duties beyond existing statutory requirements."},"complexity_factors":["Very narrow subject matter: only the form and manner of oath/affirmation (reg 1, Schedule).","Prescriptive Schedule provides exact wording, reducing interpretative ambiguity.","Limited discretion: administration must be by a presidential member (reg 5(2)).","Statutory cross‑references to the VCAT Act (authorising provision reg 2 referencing s161; reg 5(1) references s16(4)) require basic statutory alignment.","Revocation of prior instrument (reg 4) means this replaces rather than expands existing rules.","Fixed commencement date (reg 3) and administrative nature keep compliance burden low.","Endnotes note automatic sunset under the Subordinate Legislation Act, adding a time limit to the regulation's operation."],"plain_english_summary":"This regulation prescribes the exact wording and how an oath or affirmation of office must be taken by non‑judicial members of the Victorian Civil and Administrative Tribunal. It revokes the 2013 rules and began on 22 April 2023. It requires a presidential member to administer the oath. Affected parties are VCAT non‑judicial members and tribunal administrators; costs are limited to routine administrative time and no new substantive powers or penalties are created."}},"importantCases":[],"_links":{"self":"/api/acts/victorian-civil-and-administrative-tribunal-oath-and-affirmation-of-office-regulations-2023","history":"/api/acts/victorian-civil-and-administrative-tribunal-oath-and-affirmation-of-office-regulations-2023/history","analysis":"/api/acts/victorian-civil-and-administrative-tribunal-oath-and-affirmation-of-office-regulations-2023/analysis","conflicts":"/api/acts/victorian-civil-and-administrative-tribunal-oath-and-affirmation-of-office-regulations-2023/conflicts","importantCases":"/api/acts/victorian-civil-and-administrative-tribunal-oath-and-affirmation-of-office-regulations-2023/important-cases","documents":"/api/acts/victorian-civil-and-administrative-tribunal-oath-and-affirmation-of-office-regulations-2023/documents"}}