Victorian Civil and Administrative Tribunal Act 1998

Part 1—Preliminary

1 Purpose

The purpose of this Act is to establish a Victorian Civil and Administrative Tribunal.

2 Commencement

(1) This Part comes into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 31 December 1999, it comes into operation on that day.

3 Definitions

In this Act—

S. 3 def. of acting judge inserted by No. 14/2006 s. 21, repealed by No. 5/2013 s. 69(a).

S. 3 def. of ADR inserted by No. 6/2025 s. 174(2).

ADR means a process attended, or participated in, by a party in a proceeding for the purposes of negotiating a settlement of the proceeding or resolving or narrowing the issues in dispute, including, but not limited to—

(a) mediation;

(b) early neutral evaluation;

(c) settlement conference;

(d) reference of a question to an expert or other person;

(e) expert determination;

(f) compulsory conference;

(g) conciliation;

application means application to the Tribunal;

applicant means—

(a) a person who makes an application; or

(b) a person who requests or requires a matter to be referred to the Tribunal;

Business Licensing Authority means Business Licensing Authority established under

Part 2 of the Business Licensing Authority Act 1998;

Chief Judge means Chief Judge of the County Court;

Chief Justice means Chief Justice of the Supreme Court;

child means a person under 18 years of age;

decision-maker means a person who makes, or is deemed to have made, a decision under an enabling enactment;

Deputy President means Deputy President of the Tribunal;

S. 3 def. of Director substituted by No. 17/1999 s. 49(1), amended by No. 21/2012 s. 239(Sch. 6 item 46.1).

Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

enabling enactment means an enactment by or under which jurisdiction is conferred on the Tribunal;

enactment means—

(a) an Act; or

(b) a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984;

S. 3 def. of expert witness inserted by No. 23/2014 s. 4.

expert witness means a person who has specialised knowledge based on the person's training, study or experience;

S. 3 def. of full-time member inserted by No. 62/2014 s. 46(b).

full-time member means—

(a) the President or a Vice President, other than a Vice President who is undertaking the duties of a Vice President on a part-time or sessional basis under section 11A(2A); or

(b) a Deputy President, senior member or ordinary member who is appointed on a non-sessional basis and who is not undertaking the duties of office on a part-time basis;

function includes jurisdiction, power, duty and authority;

S. 3 def. of inquiry amended by No. 16/2010 s. 205(a) (as amended by No. 26/2011 s. 30(1)).

inquiry means an inquiry conducted by the Tribunal under an enabling enactment, other than an inquiry under section 141 of the Equal Opportunity Act 2010;

S. 3 def. of insolvent under administration repealed by No. 4/2008 s. 32(Sch. item 35).

S. 3 def. of interim order inserted by No. 62/2014 s. 25.

interim order means an order of an interim or interlocutory nature;

judicial member means the President or a Vice President;

S. 3 def. of legal practitioner substituted by No. 18/2005 s. 18(Sch. 1 item 115.1), repealed by No. 17/2014 s. 160(Sch. 2 item 105.1).

member, in relation to the Tribunal, means the President, a Vice President, a Deputy President, a senior member or an ordinary member;

S. 3 def. of member of Victoria Police personnel inserted by No. 37/2014 s. 10(Sch. item 177.1).

member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;

monetary order means an order of the Tribunal requiring the payment of money, including a fine or penalty;

non-judicial member means a member other than the President or a Vice President;

non-monetary order means an order of the Tribunal other than a monetary order;

order of the Tribunal includes interim order of the Tribunal;

ordinary member means a person appointed as a member of the Tribunal under section 14;

S. 3 def. of part-time member repealed by No. 62/2014 s. 46(c).

S. 3 def. of part-time service arrangement inserted by No. 62/2014 s. 46(a).

part-time service arrangement means an arrangement entered into under section 18A;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 177.1).

police officer has the same meaning as in the Victoria Police Act 2013;

President means President of the Tribunal;

presidential member means the President, a Vice President or a Deputy President;

presiding member, in a proceeding, means—

(a) if the Tribunal in that proceeding is constituted by a single member—that member; or

(b) in any other case—the member who presides in that proceeding, as determined in accordance with section 65;

S. 3 def. of proceeding amended by Nos 78/2000 s. 11(1)(a), 43/2006 s. 47(Sch. item 8.1), substituted by No. 16/2010 s. 205(b) (as amended by No. 26/2011 s. 30(2)), amended by Nos 13/2019 s. 207, 6/2025 s. 174(1).

proceeding means a proceeding in the Tribunal, including—

(a) an inquiry conducted by the Tribunal, including an inquiry under section 141 of the Equal Opportunity Act 2010; or

(b) a compulsory conference under section 83; or

(c) a mediation under section 88; or

(d) a rehearing or reassessment under Part 7 of the Guardianship and Administration Act 2019;

(e) an RDRV proceeding;

professional advocate has the meaning given in section 62(8);

S. 3 def. of RDRV inserted by No. 6/2025 s. 174(2).

RDRV means Rental Dispute Resolution Victoria;

S. 3 def. of RDRV proceeding inserted by No. 6/2025 s. 174(2).

RDRV proceeding means a proceeding in relation to an application to the Tribunal under the Residential Tenancies Act 1997 to be dealt with by ADR under Division 5A of Part 4;

S. 3 def. of reserve judge inserted by No. 51/2000 s. 12(a), substituted by No. 5/2013 s. 69(b).

reserve judge means—

(a) in relation to the Supreme Court, a reserve Judge within the meaning of the Constitution Act 1975;

(b) in relation to the County Court, a reserve judge within the meaning of the County Court Act 1958;

rules mean rules made by the Rules Committee under section 157;

senior member means a person appointed as a member of the Tribunal under section 13;

Tribunal means Victorian Civil and Administrative Tribunal established by Part 2;

S. 3 def. of Vice President amended by No. 51/2000 s. 12(b).

Vice President means Vice President of the Tribunal, including a Vice President appointed under section 11A.

4 When does a person make a decision?

(1) For the purposes of this Act or an enabling enactment, a person makes a decision if the person—

(a) makes, suspends, revokes or refuses to make a decision, order, determination or assessment (including a decision not to make a decision, order, determination or assessment);

(b) gives, suspends, revokes or refuses to give a certificate, direction, approval, consent or permission;

(c) issues, suspends, revokes or refuses to issue a licence, authority or other instrument;

(d) imposes a condition or restriction;

(e) amends or varies any of the things referred to in paragraph (a), (b), (c) or (d);

(f) makes a declaration, demand, direction or requirement;

(g) retains or refuses to deliver up an article;

(h) does or refuses to do any other act or thing.

(2) For the purposes of this Act or an enabling enactment—

(a) a decision is made under an enactment if it is made in the exercise or purported exercise of a function conferred or imposed by or under that enactment;

(b) a decision that purports to be made under an enactment is deemed to be a decision made under that enactment even if the decision was beyond the power of the decision-maker;

(c) a refusal by a decision-maker to make a decision under an enactment because the decision-maker considers that the decision cannot lawfully be made is deemed to be a decision made under that enactment to refuse to make the decision;

(d) a failure by a decision-maker to make a decision under an enactment within the period specified by that enactment is deemed to be a decision by the decision-maker at the end of that period to refuse to make the decision.

(3) If a person who made a decision by reason of holding or performing the duties of an office or appointment or a position in the public service ceases to hold or perform the duties of that office, appointment or position—

(a) the person for the time being holding or performing the duties of that office, appointment or position is deemed to be the decision-maker in respect of that decision; or

(b) if there is no such person, or if the office or position no longer exists, a person specified by the President is deemed to be the decision-maker in respect of that decision.

5 When are a person's interests affected by a decision?

If an enabling enactment provides that a person whose interests are affected by a decision may apply to the Tribunal for review of the decision—

(a) interests means interests of any kind and is not limited to proprietary, economic or financial interests;

(b) the person may apply to the Tribunal whether the person's interests are directly or indirectly affected by the decision and whether or not any other person's interests are also affected by the decision.

6 When is a document in a person's possession?

For the purposes of this Act, a document is in a person's possession if it is within the possession, power or control of the person.

7 Act binds the Crown

(1) This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

(2) However, nothing in this Act makes the Crown in any of its capacities liable for an offence.

Part 2—Victorian Civil and Administrative Tribunal

Division 1—Establishment and membership

8 Establishment of Tribunal

(1) The Victorian Civil and Administrative Tribunal is established.

(2) The Tribunal must have an official seal, which is to be kept in such custody as the Tribunal directs and is only to be used as authorised by the Tribunal.

S. 8(3) inserted by No. 23/2014 s. 5.

(3) The Tribunal consists of—

(a) a President; and

(b) the Vice Presidents, Deputy Presidents, senior members and ordinary members; and

(c) the principal registrar and registrars referred to in section 32.

S. 9 repealed by No. 23/2014 s. 6.

10 President

S. 10(1) amended by No. 5/2013 s. 70.

(1) The President must be a judge of the Supreme Court (other than a reserve Judge of the Supreme Court) who is recommended for appointment by the Minister after consultation with the Chief Justice.

(2) Subject to this Act, the President holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment.

(3) The appointment of a judge of the Supreme Court as President does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge.

(4) Service in the office of President must be taken for all purposes to be service in the office of judge of the Supreme Court.

(5) Nothing in this Act prevents a judge of the Supreme Court appointed as President from constituting the Supreme Court for the purpose of the exercise by the Supreme Court of any of its functions.

11 Vice Presidents

(1) As many Vice Presidents as are required for the proper functioning of the Tribunal shall be appointed.

S. 11(2) amended by No. 5/2013 s. 71.

(2) A Vice President must be a judge of the County Court (other than a reserve judge of the County Court) who is recommended for appointment by the Minister after consultation with the Chief Judge.

(3) Subject to this Act, a Vice President holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment.

(4) The appointment of a judge of the County Court as a Vice President does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge.

(5) Service in the office of Vice President must be taken for all purposes to be service in the office of judge of the County Court.

(6) Nothing in this Act prevents a judge of the County Court appointed as a Vice President from constituting the County Court for the purpose of the exercise by the County Court of any of its functions.

S. 11A
inserted by No. 51/2000 s. 13.

11A Short-term Vice Presidents

S. 11A(1) amended by Nos 14/2006 s. 22(1), 5/2013 s. 72(1)(a).

(1) If the President considers it necessary for the proper functioning of the Tribunal, he or she may request the Minister that one or more reserve judges be appointed as Vice Presidents.

S. 11A(2) amended by Nos 14/2006 s. 22(2)(3), 5/2013 s. 72(1)(b).

(2) The Minister may appoint a reserve judge as a Vice President for a term not exceeding 6 months.

S. 11A(2A) inserted by No. 14/2006 s. 22(4), amended by No. 5/2013 s. 72(1)(c).

(2A) In appointing a reserve judge as a Vice President, the Minister may from time to time require that judge to undertake the duties of a Vice President on a full-time or part-time basis, including a sessional basis.

S. 11A(3) amended by Nos 14/2006 s. 22(2)(5), 5/2013 s. 72(1)(c).

(3) A reserve judge may only be appointed as a Vice President after the Minister has consulted the Chief Judge or the Chief Justice, as the case requires.

S. 11A(4) amended by Nos 14/2006 s. 22(2), 5/2013 s. 72(1)(d).

(4) The appointment of a reserve judge as a Vice President does not affect his or her tenure of office or status as a reserve judge nor any pension or other rights or privileges that he or she has as a reserve judge.

S. 11A(5) amended by Nos 14/2006 s. 22(6), 5/2013 s. 72(1)(e).

(5) Service in the office of Vice President must be taken for all purposes to be service in the office of reserve judge.

S. 11A(6) substituted by No. 5/2013 s. 72(2).

(6) A reserve judge appointed under this section may only exercise powers of a Vice President when the reserve judge is engaged under section 81B of the Constitution Act 1975, or section 12B of the County Court Act 1958, to undertake the duties of a judge of the applicable court.

12 Deputy Presidents

(1) As many Deputy Presidents as are required for the proper functioning of the Tribunal shall be appointed.

S. 12(2) amended by No. 17/2014 s. 160(Sch. 2 item 105.2).

(2) A person is not eligible for appointment as a Deputy President unless he or she is a person who has been an Australian lawyer for not less than 5 years.

S. 12(3) substituted by No. 83/2012 s. 41.

(3) Subject to this Act, a Deputy President holds office for a term that expires on whichever of the following occurs first—

(b) the date that the Deputy President attains the age of 70 years.

S. 12(4) inserted by No. 83/2012 s. 41, substituted by No. 62/2014 s. 47(1).

(4) A Deputy President may only be appointed on a non-sessional basis.

13 Senior members

(1) As many senior members as are required for the proper functioning of the Tribunal shall be appointed.

(2) A person is not eligible for appointment as a senior member unless he or she—

S. 13(2)(a) amended by No. 17/2014 s. 160(Sch. 2 item 105.2).

(a) has been an Australian lawyer for not less than 5 years; or

(b) has, in the opinion of the Minister, extensive knowledge or experience in relation to any class of matter in respect of which functions may be exercised by the Tribunal.

S. 13(3) substituted by No. 83/2012 s. 42(1).

(3) Subject to this Act, a senior member holds office for a term that expires on whichever of the following occurs first—

(b) the date that the senior member attains the age of 70 years.

S. 13(4) substituted by No. 62/2014 s. 47(2).

(4) A senior member may be appointed on a sessional or a non-sessional basis.

S. 13(5) inserted by No. 83/2012 s. 42(2).

(5) Subsection (3)(b) does not apply in respect of a senior member who is appointed on a sessional basis.

14 Ordinary members

(1) As many ordinary members as are required for the proper functioning of the Tribunal shall be appointed.

(2) A person is not eligible for appointment as an ordinary member unless he or she—

S. 14(2)(a) amended by No. 17/2014 s. 160(Sch. 2 item 105.3).

(a) is an Australian lawyer; or

(b) has, in the opinion of the Minister, special knowledge or experience in relation to any class of matter in respect of which functions may be exercised by the Tribunal.

S. 14(3) substituted by No. 83/2012 s. 43(1).

(3) Subject to this Act, an ordinary member holds office for a term that expires on whichever of the following occurs first—

(b) the date that the ordinary member attains the age of 70 years.

S. 14(4) substituted by No. 62/2014 s. 47(3).

(4) An ordinary member may be appointed on a sessional or a non-sessional basis.

S. 14(5) inserted by No. 83/2012 s. 43(2).

(5) Subsection (3)(b) does not apply in respect of an ordinary member who is appointed on a sessional basis.

Division 2—General provisions relating to members

15 Applications for appointment

(1) A person may apply to the Minister for appointment as a member of the Tribunal.

(2) The Minister may refer an application to the Chief Commissioner of Police.

(3) The Chief Commissioner of Police must inquire into and report, within 30 days, to the Minister on any matters concerned with the application that the Minister requests.

(4) An applicant is required to consent to the referral of the application to the Chief Commissioner of Police and the making of inquiries and reports under subsection (3).

(5) If the applicant does not consent under subsection (4), the Minister may refuse to consider the application.

(6) Nothing in this section prevents a person who has not applied under this section being appointed as a member of the Tribunal.

16 Appointment of members

S. 16(1) amended by No. 51/2000 s. 14(a).

(1) Members (other than a Vice President appointed under section 11A) are appointed by the Governor in Council on the recommendation of the Minister.

(2) A member is eligible for re-appointment.

S. 16(3) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 219.1).

(3) The Public Administration Act 2004 does not apply to a member in respect of the office of member.

S. 16(4) inserted by No. 83/2012 s. 44.

(4) A person who is appointed or reappointed as a non-judicial member must, before exercising any power or performing any function as a member, take an oath or affirmation of office in the prescribed form and manner.

S. 16(5) inserted by No. 83/2012 s. 44.

(5) Subsection (4) does not apply in the case of an appointment under section 16A.

S. 16(6) inserted by No. 83/2012 s. 44.

(6) Subsection (4) does not apply to a person who has previously taken an oath or affirmation of office under subsection (4).

S. 16(7) inserted by No. 83/2012 s. 44.

(7) A failure by a person to take an oath or affirmation of office in accordance with this section does not invalidate anything done by that person as a member of the Tribunal.

S. 16(8) inserted by No. 62/2014 s. 48.

(8) The instrument of appointment of a Deputy President, senior member or ordinary member may indicate that the member is to commence undertaking the duties of office on a part-time basis and, if so, may specify the proportion of full‑time duties to be worked by the member.

S. 16(9) inserted by No. 62/2014 s. 48.

(9) If a member's instrument of appointment indicates that the member is to commence undertaking the duties of office on a part‑time basis, the member is taken to have entered into a part-time service arrangement, which may be varied or terminated accordingly.

S. 16A inserted by No. 1/2000 s. 10.

16A Internal promotion of Tribunal members

(1) The Governor in Council, on the recommendation of the Minister, may appoint—

(a) a senior member of the Tribunal as a Deputy President;

(b) an ordinary member of the Tribunal as a senior member—

for the remainder of the member's term of office.

(2) The Minister may recommend the appointment of a member under subsection (1) only if—

(a) the member is eligible for appointment as a Deputy President or senior member, as the case requires; and

(b) the President has recommended the appointment to the Minister.

S. 16B inserted by No. 62/2014 s. 26.

16B Amendment of appointment of sessional and non‑sessional members

(1) The Governor in Council may amend the appointment of a senior member or ordinary member who was appointed on a sessional basis so that the member's appointment continues on a non-sessional basis.

(2) The Governor in Council may amend the appointment of a senior member or ordinary member who was appointed on a non‑sessional basis so that the member's appointment continues on a sessional basis.

(3) The Governor in Council may amend an appointment under this section only with the member's prior consent.

(4) Subsection (1) does not apply to a sessional member who has attained the age of 70 years.

(5) If a member's appointment is amended under subsection (1), the member's term of office expires on whichever of the following first occurs—

(a) the date that is 7 years after the original date of appointment;

(b) the date that the member attains the age of 70 years.

(6) If a member's appointment is amended under subsection (2), the member's term of office expires on the date that is 7 years after the original date of appointment.

S. 17
(Heading) inserted by No. 62/2014 s. 49(1).

17 Terms and conditions of service

S. 17(1) substituted by No. 62/2014 s. 49(2).

(1) A member is subject to the terms and conditions, including remuneration and allowances, that are determined from time to time by Order of the Governor in Council.

S. 17(2) substituted by No. 62/2014 s. 49(2).

(2) The Governor in Council may under subsection (1) determine different terms and conditions for different classes of members.

(3) For the purposes of subsection (2), the Governor in Council may determine the classes of members in any manner the Governor in Council thinks fit.

S. 17(3A) inserted by No. 62/2014 s. 49(3).

(3A) An Order of the Governor in Council under this section may apply, adopt or incorporate by reference any document formulated or published by a person or body, whether—

(a) without modification or as modified by the Order; or

(b) as formulated or published on or before the date when the Order is made; or

(c) as formulated or published from time to time.

(4) This section does not apply to a judicial member.

S. 17AA inserted by No. 63/2013 s. 80.

17AA Appropriation of certain amounts in relation to non‑judicial members

The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

(a) the amounts (including the amount of any non-salary benefits) payable to or for any non-judicial member; and

(b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of any non-judicial member; and

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any non-judicial member; and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any non-judicial member; and

(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any non-judicial member.

S. 17A inserted by No. 83/2008 s. 13.

17A Salary sacrifice

(1) A member may by notice in writing to the Attorney-General enter into an arrangement under which the member agrees to receive the whole or part of his or her total amount of future remuneration as a member as non-salary benefits of an equivalent value.

(2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

(3) A member may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General*.*

(4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.

(5) If, before the commencement of section 13 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a member entered into an arrangement under whichthe member agreed to receive the whole orpart of his or her total amount of salary as a member as non‑salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have hadfull effect according to its tenor as if it had been authorised under this section.

(6) On and after the commencement of section 13 ofthe 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3).

(7) In subsection (1), non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) ofSchedule 1A to the Public Administration Act 2004.

S. 18 amended by No. 62/2014 s. 50.

18 Prohibition on outside employment

A non-judicial member who is a full-time member must not, without the consent of the President and in accordance with any conditions attached to that consent, engage in the practice of any profession or in any paid employment (whether within or outside Victoria) outside the duties of his or her office.

S. 18A inserted by No. 62/2014 s. 51.

18A Entry into part-time service arrangement

(1) A Deputy President, senior member or ordinary member may enter into an arrangement with the President to undertake the duties of office on a part-time basis.

(2) A part-time service arrangement—

(a) must be in writing; and

(b) must specify the proportion of full-time duties to be worked by the member, which must be a minimum of 0·4 of full-time duties; and

(c) may specify an expiry date, but is not required to do so.

(3) The President may have regard to the following factors in considering whether to enter into a part‑time service arrangement—

(a) the operational needs of the Tribunal;

(b) the personal and professional circumstances of the member;

(c) parity and equity with other members;

(d) any other relevant consideration.

(4) A part-time service arrangement takes effect from the date specified in the part-time service arrangement.

(5) A Deputy President, senior member or ordinary member to whom a part-time service agreement applies is entitled to receive a pro‑rata amount of the remuneration applicable to a Deputy President, senior member or ordinary member (as the case requires) appointed on a non-sessional basis who is undertaking the duties of office on a full-time basis.

(6) This section does not apply to a senior member or ordinary member who is appointed on a sessional basis.

S. 18B inserted by No. 62/2014 s. 51.

18B Variation of part-time service arrangement

(1) A part-time service arrangement may be varied by agreement between the member to whom the arrangement applies and the President.

(2) A variation of a part-time service arrangement—

(a) must be in writing; and

(b) must specify the proportion of full-time duties to be worked by the member, which must be a minimum of 0·4 of full-time duties.

(3) The President may have regard to the factors referred to in section 18A(3) in considering whether to vary a part-time service arrangement.

(4) A variation of a part-time service arrangement takes effect from the date specified in the written variation of the part‑time service arrangement.

S. 18C inserted by No. 62/2014 s. 51.

18C Termination of part-time service arrangement

(1) A part-time service arrangement is terminated if the appointment of the member to whom the arrangement applies is amended from a non‑sessional basis to a sessional basis.

See section 16B(2).

(2) A part-time service arrangement may be terminated by agreement between the member to whom the arrangement applies and the President.

19 Disclosure of interests

(1) This section applies to a member who constitutes, or is to constitute, the Tribunal for the purposes of a particular proceeding, whether with or without others, and who has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the functions of the member in relation to that proceeding.

(2) The member—

(a) must not take part in the proceeding or exercise any powers in relation to it, unless all parties to the proceeding agree otherwise; and

(b) if not the President, must disclose the nature of the interest to the President; and

(c) if the President, must disclose the nature of the interest to the Chief Justice.

20 Resignation

A member may resign his or her office as member by delivering to the Governor a signed letter of resignation.

21 Vacation of office

S. 21(1) amended by Nos 51/2000 s. 14(b), 14/2006 s. 23(1), 5/2013 s. 73.

(1) The office of a judicial member becomes vacant if the member ceases to hold the office of judge or reserve judge, as the case requires.

(2) The office of a non-judicial member becomes vacant if the member becomes an insolvent under administration.

S. 21(3) inserted by No. 14/2006 s. 23(2).

(3) Without limiting subsection (2), the office of an ordinary member or a senior member, if that member is a magistrate, becomes vacant if the member ceases to hold the office of magistrate.

S. 22 amended by No. 51/2000 s. 15(1)(a), repealed by No. 16/2016 s. 212.

S. 23 amended by Nos 51/2000 s. 15(1)(b)(2), 16/2005 s. 9, repealed by No. 16/2016 s. 212.

S. 24
repealed by No. 16/2016 s. 212.

25 Validity of proceedings

A decision of the Tribunal is not invalid only because—

(a) of a vacancy in the office of a member; or

(b) of a defect or irregularity in, or in connection with, the appointment of a member or acting member; or

S. 25(c) amended by No. 51/2000 s. 16.

(c) in the case of a person appointed to act as President, a Vice President or a Deputy President, the occasion for so acting had not arisen or had ceased; or

S. 25(d) inserted by No. 51/2000 s. 16.

(d) a member or former member represents a party in a proceeding in contravention of section 25A.

S. 25A
inserted by No. 51/2000 s. 17.

25A Member or former member may not represent a party

If the rules provide for proceedings to be entered in or transferred to lists of the Tribunal and for members to be assigned to those lists—

(a) a member must not represent a party in any proceeding that has been entered in or transferred to a list to which the member has been assigned;

S. 25A(b)
amended by No. 14/2006 s. 24.

(b) for a period of 2 years after a member ceases to be a member, he or she must not represent a party in any proceeding that has been entered in or transferred to a list to which the former member was assigned, except with the approval of the President.

S. 25B inserted by No. 62/2014 s. 27.

25B Member or former member may not appear as expert witness

(1) If the rules provide for proceedings to be entered in or transferred to lists of the Tribunal and for members to be assigned to those lists—

(a) a member must not appear as an expert witness in any proceeding that has been entered into or transferred to a list to which the member has been assigned, except with the approval of the President; and

(b) for a period of 2 years after a member ceases to be a member, the former member must not appear as an expert witness in any proceeding that has been entered into or transferred to a list to which the former member was assigned, except with the approval of the President.

(2) This section is subject to any other provision of this Act or an enabling enactment that allows a member or former member to appear as a witness.

See, for example, section 30 of the Valuation of Land Act 1960.

Division 3—Acting appointments

26 Acting President

(1) If there is a vacancy in the office of President or the President is absent or, for any other reason, is unable to perform the duties of office, an acting President may be appointed in accordance with this section.

(2) The appointment of an acting President may be made by the Minister, for a term not exceeding 3 months, or by the Governor in Council, for a term not exceeding 6 months.

S. 26(3) amended by No. 5/2013 s. 74(1).

(3) Only a Vice President or a judge of the Supreme Court (other than a reserve judge) may be appointed to act as President.

S. 26(3A) inserted by No. 5/2013 s. 74(2).

(3A) A Vice President appointed under section 11A must not be appointed as acting President.

(4) A judge of the Supreme Court may only be appointed to act as President after the Minister has consulted the Chief Justice.

(5) A person appointed as acting President in accordance with this section—

(a) has all the powers and must perform all the duties of the President; and

(b) if not a judge of the Supreme Court, is entitled to be paid the salary and allowances for the time being payable to a judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal); and

(c) may resign the acting appointment by delivering to the Minister or the Governor, as the case requires, a signed letter of resignation; and

(d) is eligible for re-appointment (however, a person appointed as acting President by the Minister may only be re-appointed by the Governor in Council).

(6) The Minister or the Governor in Council, as the case requires, may at any time terminate an acting appointment.

(7) The appointment of a judge of the Supreme Court or a Vice President as acting President does not affect his or her tenure of office or status as a judge nor any other rights or privileges that he or she has as a judge nor, in the case of a judge of the Supreme Court, the payment of his or her salary or allowances as a judge.

(8) Service in the office of acting President must be taken for all purposes to be service in the office of judge of the Supreme Court or County Court, as the case requires.

(9) Nothing in this Act prevents a judge of the Supreme Court or a Vice President appointed as acting President from constituting the Supreme Court or County Court, as the case requires, for the purpose of the exercise by that Court of any of its functions.

27 Acting Vice President

(1) If there is a vacancy in the office of a Vice President or a Vice President is absent or, for any other reason, is unable to perform the duties of office, an acting Vice President may be appointed in accordance with this section.

(2) The appointment of an acting Vice President may be made by the Minister, for a term not exceeding 3 months, or by the Governor in Council, for a term not exceeding 6 months.

S. 27(3) amended by No. 5/2013 s. 75.

(3) Only a judge of the County Court (other than a reserve judge) may be appointed to act as a Vice President.

(4) A judge of the County Court may only be appointed to act as a Vice President after the Minister has consulted the Chief Judge.

(5) A person appointed as an acting Vice President in accordance with this section—

(a) has all the powers and must perform all the duties of the Vice President for whom he or she is acting; and

(b) may resign the acting appointment by delivering to the Minister or the Governor, as the case requires, a signed letter of resignation; and

(c) is eligible for re-appointment (however, a person appointed as an acting Vice President by the Minister may only be re-appointed by the Governor in Council).

(6) The Minister or the Governor in Council, as the case requires, may at any time terminate an acting appointment.

(7) The appointment of a judge of the County Court as an acting Vice President does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge.

(8) Service in the office of an acting Vice President must be taken for all purposes to be service in the office of judge of the County Court.

(9) Nothing in this Act prevents a judge of the County Court appointed as an acting Vice President from constituting the County Court for the purpose of the exercise by the County Court of any of its functions.

28 Acting Deputy President

(1) If there is a vacancy in the office of a Deputy President or a Deputy President is absent or, for any other reason, is unable to perform the duties of office, the President may appoint a senior member of the Tribunal as an acting Deputy President.

S. 28(2) amended by No. 15/2018 s. 59(1).

(2) The appointment of an acting Deputy President cannot exceed 6 months.

(3) A person appointed as an acting Deputy President—

S. 28(3)(a) amended by No. 15/2018 s. 59(2).

(a) has all the powers and may perform all the duties of the Deputy President for whom he or she is acting; and

(b) may resign the acting appointment by delivering to the President a signed letter of resignation; and

S. 28(3)(c) substituted by No. 15/2018 s. 59(3).

(c) subject to subsection (3A), is eligible for re‑appointment.

S. 28(3A) inserted by No. 15/2018 s. 59(4).

(3A) A person appointed as an acting Deputy President must not act as a Deputy President for a continuous period of more than 12 months, unless the Minister, in writing, approves a proposed re-appointment which would result in a person acting as a Deputy President for a continuous period of more than 12 months.

(4) The President may at any time terminate an acting appointment.

S. 28A inserted by No. 15/2018 s. 60.

28A Acting senior member

(1) If there is a vacancy in the office of a senior member or a senior member is absent or, for any other reason, is unable to perform the duties of office, the President may appoint an ordinary member of the Tribunal as an acting senior member.

(2) The appointment of an acting senior member must not exceed 6 months.

(3) A person appointed as an acting senior member—

(a) has all the powers and may perform all the duties of the senior member for whom the acting senior member is acting; and

(b) may resign the acting appointment by delivering to the President a signed letter of resignation; and

(c) subject to subsection (4), is eligible for re‑appointment.

(4) A person appointed as an acting senior member must not act as a senior member for a continuous period of more than 12 months, unless the Minister, in writing, approves a proposed re‑appointment which would result in a person acting as a senior member for a continuous period of more than 12 months.

(5) The President may at any time terminate an acting appointment.

29 Additional acting judicial appointments

S. 29(1) amended by No. 5/2013 s. 76(1).

(1) The Chief Justice may appoint judges of the Supreme Court (other than a reserve Judge) to be members of a panel of judges available for acting appointments under this section.

S. 29(2) amended by No. 5/2013 s. 76(2).

(2) The Chief Judge may appoint judges of the County Court (other than a reserve judge) to be members of a panel of judges available for acting appointments under this section.

(3) If the President considers it desirable for an acting judicial member to be appointed temporarily to hear and determine any one or more proceedings, he or she may, with the approval of the Chief Justice or the Chief Judge, as the case requires, appoint a judge who is a member of a panel of judges to be an acting member for the purposes of those proceedings.

(4) An appointment under this section must be in writing.

(5) A judge appointed as an acting member in accordance with this section—

(a) has all the powers and must perform all the duties of a member; and

(b) for the purposes of constituting the Tribunal for a proceeding—

(i) in the case of a judge of the Supreme Court—must be treated as if he or she were the President;

(ii) in the case of a judge of the County Court—must be treated as if he or she were a Vice President.

(6) The appointment of a judge of the Supreme Court or County Court as an acting member in accordance with this section does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge.

(7) Service in the office of an acting member in accordance with this section must be taken for all purposes to be service in the office of judge of the Supreme Court or County Court, as the case requires.

(8) Nothing in this Act prevents a judge of the Supreme Court or County Court appointed as an acting member in accordance with this section from constituting the Supreme Court or County Court, as the case requires, for the purpose of the exercise by that Court of any of its functions.

Division 4—Administration

30 Administrative functions of President and Vice Presidents

(1) Subject to this Act and the rules, the President and the Vice Presidents are to direct the business of the Tribunal.

S. 30(2) amended by No. 24/2007 s. 7.

(2) The President and the Vice Presidents are responsible for the management of the administrative affairs of the Tribunal.

(3) The President and the Vice Presidents may determine the places and times for sittings of the Tribunal.

(4) In carrying out functions under this section, a Vice President is subject to the direction of the President.

31 President to advise Minister

It is a function of the President to advise the Minister with respect to any action that the President considers would lead to—

(a) the more convenient, economic and efficient disposal of the business of the Tribunal;

(b) the avoidance of delay in the hearing of proceedings;

(c) this Act or any enabling enactment being rendered more effective.

32 Employment of registrars and other staff

S. 32(1) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 219.1).

(1) To assist in the administration of the Tribunal there are to be employed under the Public Administration Act 2004—

(a) a principal registrar; and

S. 32(1)(b) repealed by No. 1/2014 s. 76.

(c) as many registrars and other staff as are necessary.

(2) The principal registrar—

(a) has the functions conferred by or under this or any other Act and the rules; and

(b) in carrying out those functions, is subject to the direction of the President.

(3) A registrar other than the principal registrar has, subject to the direction of the principal registrar, all the functions of the principal registrar.

S. 32AA inserted by No. 15/2018 s. 61.

32AA Principal registrar to give assistance

(1) The principal registrar is to give assistance as the principal registrar considers appropriate to—

(a) participants in a proceeding; and

(b) potential participants in a proceeding, including a person who is considering making an application but who has not yet made an application.

(2) Assistance given under subsection (1) may be in relation to all stages or any stage of a proceeding.

(3) To avoid doubt, assistance given under subsection (1) does not extend to providing legal advice.

S. 32AB inserted by No. 6/2025 s. 175.

32AB Functions of principal registrar—RDRV proceedings

(1) Without limiting section 32 or 32AA, the principal registrar has the following functions in relation to ADR at RDRV and RDRV proceedings—

(a) assessing applications under the Residential Tenancies Act 1997 for suitability or eligibility to be dealt with in accordance with Division 5A of Part 4;

(b) conducting RDRV proceedings under Division 5A of Part 4;

(c) any other function referred to in Division 5A of Part 4 or by rules made for the purposes of that Division.

(2) With the prior written approval of the President, the principal registrar may delegate any function referred to in subsection (1) to a member of staff referred to in section 32(1)(c) if satisfied that the member of staff is appropriately qualified to perform the function.

(4) In this section appropriately qualified has the same meaning as in section 32A(4).

S. 32A inserted by No. 23/2014 s. 7.

32A Delegation by principal registrar

(1) Subject to subsection (2), the principal registrar, with the prior written approval of the President, may delegate to a member of staff referred to in section 32(1)(c) any function of the principal registrar under the rules that the rules specify may be delegated under this section.

(2) The principal registrar may delegate a function under the rules only to a person the principal registrar is satisfied is appropriately qualified to perform the function.

The rules may specify the person or class of person to whom a function may be delegated—see section 157A(5)(b).

appropriately qualified, for a function, includes having the qualifications, experience or standing appropriate to perform the function.

33 Delegation by President and Vice Presidents

(1) The President may delegate to any member or class of members or to the principal registrar any function of the President under this Act, the rules or an enabling enactment, other than this power of delegation.

(2) A Vice President may delegate to any member or class of members or to the principal registrar any function of the Vice President under this Act, the rules or an enabling enactment, other than this power of delegation.

34 Secrecy

(1) This section applies to any person who is or has been—

(a) a member of the Tribunal;

(b) a registrar or other member of staff of the Tribunal;

(c) a person acting under the authority of the Tribunal.

(2) Except as permitted by this section, a person to whom this section applies must not directly or indirectly make a record of, or disclose to any person, any information about the affairs of a person acquired in the performance of functions under or in connection with this Act or an enabling enactment.

1. 60 penalty units.

(3) A person to whom this section applies may record or disclose information referred to in subsection (2)—

(a) with the written consent of the person to whom the information relates; or

(b) in connection with the performance of functions under this Act or an enabling enactment.

Note to s. 34(3)(b) inserted by No. 11/2023 s. 54(1).

There are information sharing functions of the Tribunal under sections 38AA and 147A.

S. 34(4) amended by No. 37/2014 s. 10(Sch. item 177.2).

(4) A person to whom this section applies may disclose any information referred to in subsection (2) to a police officer for the purposes of reporting a suspected offence or assisting in the investigation of a suspected offence.

(5) A person to whom this section applies may disclose any information referred to in subsection (2) for statistical purposes to a person approved by the Minister provided that the information does not identify any person to whom it relates.

(6) Nothing in this section[1] applies to the recording or disclosure of—

S. 34(6)(a) amended by No. 58/2013 s. 58.

(a) anything said or done at a hearing of the Tribunal (other than at a hearing that the Tribunal has directed to be held in private or that is the subject of a closed court order under Part 5 of the Open Courts Act 2013); or

(b) any decision or order of the Tribunal or the reasons for any such decision or order.

35 Prohibition on secondary disclosures

(1) A person to whom information referred to in section 34(2) is disclosed, and any employee of that person, is subject to the same obligations and liabilities with respect to the recording or disclosure of the information as they would be if they were a person referred to in section 34(1) who had acquired the information in the performance of functions under this Act or an enabling enactment.

S. 35(2) amended by No. 37/2014 s. 10(Sch. item 177.2).

(2) Subsection (1) does not apply to a police officer to whom information is disclosed under section 34(4).

36 Further restriction on disclosure

(1) Subject to this section—

(a) a person referred to in section 34(1) is not, except for the purposes of this Act or an enabling enactment, required—

(i) to produce in a court any document that has come into his or her possession; or

(ii) to disclose to a court any information that has come to his or her notice—

in the performance of functions under or in connection with this Act or an enabling enactment; and

(b) a person referred to in section 35 is not, except for the purposes of this Act or an enabling enactment, required—

(i) to produce in a court any document that has come into his or her possession; or

(ii) to disclose to a court any information that has come to his or her notice—

as a result of a disclosure to that person under section 34.

(2) If—

(a) the Minister certifies that it is necessary in the public interest that specified information should be disclosed to a court; or

(b) the person to whom information relates has given written consent for it to be disclosed to a court—

a person referred to in subsection (1) may be required to disclose the relevant information or produce the relevant document to the court.

(3) A person referred to in subsection (1) may be required—

(a) to produce in a court a document that has come into his or her possession; or

(b) to disclose to a court any information that has come to his or her notice—

in any proceeding for an indictable offence, including a committal proceeding and a summary hearing of an indictable offence.

court includes a tribunal and any person who has power to require the production of documents or the answering of questions.

37 Annual report

(1) As soon as practicable in each year but not later than 30 September, the Tribunal must submit to the Minister a report containing—

(a) a review of the operation of the Tribunal and of the Rules Committee during the 12 months ending on the preceding 30 June; and

(b) proposals for improving the operation of, and forecasts of the workload of, the Tribunal in the following 12 month period.

(2) The Minister must cause each report under subsection (1) to be laid before each House of the Parliament within 14 sitting days of that House after it is received by the Minister.

38 Where may the Tribunal sit?

The Tribunal may sit at any place in Victoria.

S. 38AA inserted by No. 11/2023 s. 54(2), substituted by No. 11/2023 s. 30, amended by No. 6/2025 s. 176 (ILA s. 39B(1)).

38AA Disclosure of information or data by Tribunal

(1) It is a function of the Tribunal—

(a) to disclose information or data of a prescribed class of information or data to the Victorian Building Authority or a relevant agency in accordance with an information sharing arrangement under section 259AB of the Building Act 1993 entered into by the Tribunal; and

(b) to provide information or data of a prescribed class of information or data to the Building Monitor, which is required by the Building Monitor under a notice given to the Tribunal under section 208K(1) of the Building Act 1993.

S. 38AA(2) inserted by No. 6/2025 s. 176.

(2) It is a function of the Tribunal to disclose information or data to the Director in accordance with an information sharing arrangement under section 133 of the Australian Consumer Law and Fair Trading Act 2012 entered into by the Tribunal.

Pt 2 Div. 5 (Heading and s. 38A) inserted by No. 24/2007 s. 6.

Division 5—Professional development and training

S. 38A inserted by No. 24/2007 s. 6.

38A Professional development and training

(1) The President is responsible for directing the professional development and continuing education and training of members.

(2) In discharging his or her responsibility under subsection (1) the President may direct—

(a) all members; or

(b) a specified class of member; or

(c) a specified member—

to participate in a specified professional development or continuing education and training activity.

(3) A direction under subsection (2) may be given orally or in writing.

Part 3—The Tribunal—jurisdiction and functions

Division 1—Introductory

39 Structure of Part

(1) This Part sets out the general jurisdiction and functions of the Tribunal.

(2) Schedule 1 sets out variations from this Part for certain types of proceedings[2].

40 Jurisdiction of the Tribunal

The Tribunal has 2 types of jurisdiction—

(a) original jurisdiction; and

(b) review jurisdiction.

41 What is original jurisdiction?

Original jurisdiction is the jurisdiction of the Tribunal other than its review jurisdiction[3].

42 What is review jurisdiction?

(1) Review jurisdiction is jurisdiction conferred on the Tribunal by or under an enabling enactment to review a decision made by a decision-maker.

S. 42(2) amended by Nos 78/2000 s. 11(1)(b), 13/2019 s. 208.

(2) For the avoidance of doubt, the Tribunal's jurisdiction under Part 7 of the Guardianship and Administration Act 2019 is original jurisdiction, not review jurisdiction.

Division 2—Original jurisdiction

43 How is original jurisdiction invoked?

The original jurisdiction of the Tribunal is invoked—

(a) by a person who is entitled by or under an enabling enactment to do so applying to the Tribunal in accordance with section 67; or

(b) by a matter being referred to the Tribunal under an enabling enactment in accordance with section 69; or

(c) in any other way permitted or provided for by the enabling enactment.

44 Functions of the Tribunal

In exercising its original jurisdiction, the Tribunal has the functions conferred on it by or under the enabling enactment, as well as any functions conferred on it by or under this Act, the regulations and the rules.

Division 3—Review jurisdiction

Subdivision 1—Obtaining reasons for decisions

45 Request for statement of reasons for decision

(1) A person who is entitled to apply to the Tribunal for review of a decision, or to have a decision referred to the Tribunal for review, may request the decision-maker to give the person a written statement of reasons for the decision.

(2) A request under subsection (1) must be made in writing within 28 days after the day on which the decision was made.

46 Decision-maker to give statement of reasons on request

(1) A decision-maker must give a written statement of reasons for a decision to a person as soon as practical, and in any event within 28 days or such other period as is specified in the enabling enactment, after receiving a request under section 45.

(2) Subject to this Act, the statement must set out—

(a) the reasons for the decision; and

(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.

(3) A statement of reasons need not be given under this section if the decision-maker has already given a written statement containing the matters referred to in subsection (2) to the person (whether as part of the decision or separately).

(4) A statement of reasons—

(a) must not include any information or matter to which a certificate under section 53 (Premier's certificate) applies; and

(b) subject to section 47, must not include any information or matter to which a certificate under section 54 (Attorney-General's certificate) applies.

(5) If a statement of reasons would be false or misleading if it did not include information or matter referred to in subsection (4), the decision-maker must inform the person who requested the statement of that fact and must not give the statement to the person.

(6) Subsection (2)(b) does not apply to a decision made by the Business Licensing Authority.

(7) A written statement of reasons for a decision by the Business Licensing Authority complies with subsection (2)(a) if it sets out the statutory ground on which the decision is based.

47 The Tribunal may order statement of reasons to be given

(1) If a statement of reasons is not given to a person in accordance with section 46, the person who requested the statement may apply to the Tribunal, in accordance with the rules, for an order that a statement of reasons be given to the person.

(2) The applicant must give notice of an application under subsection (1) to the decision-maker to whom the request for a statement of reasons was made.

(3) On an application under subsection (1), if the Tribunal is satisfied that the applicant is entitled to receive a statement of reasons, the Tribunal may order that the decision-maker give a statement of reasons to the applicant within the time specified in the order.

(4) The Tribunal must not order—

(a) that a statement of reasons include any information or matter to which a certificate under section 53 (Premier's certificate) applies; or

(b) that a statement of reasons be given to the applicant that is false or misleading because it does not contain information or matter referred to in section 46(4).

(5) The Tribunal may order that a statement of reasons include information or matter to which a certificate under section 54 (Attorney-General's certificate) applies if the Tribunal considers it would not be contrary to the public interest to do so.

(6) The Tribunal's power to make an order under subsection (5) is exercisable only by the President.

(7) For the purposes of this Act, the question whether or not the inclusion of information or matter in a statement of reasons would be contrary to the public interest is a question of law.

Subdivision 2—Jurisdiction of the Tribunal

48 How is review jurisdiction invoked?

The review jurisdiction of the Tribunal is invoked—

(a) by a person who is entitled to do so by or under an enabling enactment applying to the Tribunal in accordance with section 67 for review of a decision under that enactment; or

(b) by a decision-maker referring a decision to the Tribunal under an enabling enactment in accordance with section 69 for review of the decision; or

(c) in any other way permitted or provided for by the enabling enactment.

49 Decision-maker must lodge material

(1) If a proceeding is commenced for review of a decision, the decision-maker must lodge with the Tribunal as many copies as the rules require of—

(a) the statement of reasons given by the decision-maker under section 46(1) or, if no such statement has been given, a statement containing the matters set out in section 46(2) or, in the case of the Business Licensing Authority, section 46(2)(a); and

(b) every other document in the decision‑maker's possession that the decision-maker considers is relevant to the review of the decision.

(2) Copies must be lodged under subsection (1) within 28 days after—

(a) the day on which the decision-maker received notice of the application to the Tribunal; or

(b) the day on which the decision-maker referred the decision to the Tribunal—

as the case requires.

(3) If the Tribunal considers that there are further documents in the possession of the decision‑maker that may be relevant to
the review, the Tribunal may give written
notice to the decision-maker requiring the decision‑maker to lodge the number of copies of those documents required by the rules with the Tribunal within the time specified in the notice.

(4) If the Tribunal considers that a statement lodged under subsection (1)(a) is not adequate, the Tribunal may order the decision-maker to lodge the number of copies required by the rules of an additional statement containing the further particulars specified in the order within the time specified in the order.

(5) This section applies despite any rule of law relating to privilege or the public interest in relation to the production of documents[4].

50 Effect of original decision pending review

(1) Subject to subsection (2), the commencement of a proceeding for review of a decision does not affect the operation of the decision or prevent the taking of action to implement the decision.

(2) Subsection (1) does not apply—

(a) if the enabling enactment provides otherwise; or

(b) if the Tribunal makes an order under subsection (3).

(3) The Tribunal may make an order staying the operation of a decision that is the subject of a proceeding for review.

(4) The Tribunal may make an order under subsection (3)—

(a) on application by any party or on its own initiative;

(b) whether or not it has given any person whose interests may be affected by the order an opportunity to be heard.

(5) In making an order under subsection (3), the Tribunal—

(a) may require any undertaking as to costs or damages that it considers appropriate; and

(b) may make provision for the lifting of the order if specified conditions are met.

(6) The Tribunal may assess any costs or damages referred to in subsection (5)(a).

(7) The Tribunal's power to make an order under subsection (3) is exercisable by the presiding member.

51 Functions of Tribunal on review

(1) In exercising its review jurisdiction in respect of a decision, the Tribunal—

(a) has all the functions of the decision-maker; and

(b) has any other functions conferred on the Tribunal by or under the enabling enactment; and

(c) has any functions conferred on the Tribunal by or under this Act, the regulations and the rules.

(2) In determining a proceeding for review of a decision the Tribunal may, by order—

(a) affirm the decision under review; or

(b) vary the decision under review; or

(c) set aside the decision under review and make another decision in substitution for it; or

(d) set aside the decision under review and remit the matter for re-consideration by the decision-maker in accordance with any directions or recommendations of the Tribunal.

(3) Subject to subsection (4), a decision of a decision-maker as affirmed or varied by the Tribunal, or a decision made by the Tribunal in substitution for the decision of a decision-maker—

(a) is deemed to be a decision of that decision-maker; and

(b) subject to any contrary order by the Tribunal, has, or is deemed to have had, effect from the time at which the decision under review has or had effect.

(4) Subsection (3)(a) does not apply for the purposes of—

(a) an application to the Tribunal for review of the decision; or

(b) an appeal under Part 5.

(5) If an applicant does not appear (personally or by representative) at the hearing of a proceeding for review of a decision, the Tribunal must confirm the decision.

S. 51A inserted by No. 23/2014 s. 8.

51A Tribunal may invite decision-maker to reconsider decision

(1) At any time in a proceeding for review of a decision, the Tribunal may invite the decision‑maker to reconsider the decision.

(2) On being invited by the Tribunal to reconsider a decision, the decision-maker may—

(a) affirm the decision; or

(b) vary the decision; or

(c) set aside the decision and substitute a new decision for it.

(3) If the decision-maker varies the decision or
sets it aside and substitutes a new decision and the proceeding continues, it is taken to be a proceeding for review of the decision as varied or the new decision.

(4) As far as possible the Tribunal must ensure that a proceeding's priority is not affected by the making of an invitation under this section, unless the parties consent.

(5) The Tribunal cannot make an order for costs under section 74(2)(b) only because an applicant withdraws a proceeding following reconsideration by the decision-maker under this section.

52 Limitation of courts' jurisdiction in planning matters

(1) The Supreme Court, the County Court or the Magistrates' Court does not have jurisdiction to hear, or continue to hear, or determine any proceeding in which a person bringing the proceeding brings in issue the matter of the exercise of, or the failure to exercise, a power under a planning enactment if—

(a) the Tribunal has jurisdiction to review the matter of the exercise of, or the failure to exercise, that power; and

(b) the matter—

(i) has not been the subject of a proceeding in the Tribunal; or

(ii) if it has been the subject of a proceeding in the Tribunal, has not been determined by the Tribunal; or

(iii) if it has been determined by the Tribunal, the time for appeal against an order of the Tribunal in the proceeding has not expired; or

(iv) if an appeal has been brought against an order in the proceeding, the appeal has not been determined.

(2) If the Supreme Court, the County Court or the Magistrates' Court is of the opinion that there are special circumstances that justify the hearing by the Court of a proceeding to which subsection (1) applies, the court may direct that subsection (1) does not apply to that proceeding.

(3) If a court determines a proceeding to which subsection (1) applies but does not give a direction under subsection (2), nothing in this section invalidates the decision of the court.

S. 52(4) def. of planning enactment amended by Nos 12/2004 s. 167(1) (as amended by No. 39/2004 s. 276(1)), 69/2006 s. 224(Sch. 3 item 11.1), 6/2009 s. 57(1), 6/2010 s. 203(1)
(Sch. 6 item 49.1) (as amended by No 45/2010 s. 22), 28/2019 s. 53(1), 39/2018 s. 59(1).

planning enactment means—

(a) Catchment and Land Protection Act 1994;

(b) Environment Protection Act 2017;

(c) the provisions of the Mineral Resources (Sustainable Development) Act 1990 relating to extractive industries;

(d) section 36 of the Flora and Fauna Guarantee Act 1988;

(e) section 185 of the Local Government Act 1989;

(f) Planning and Environment Act 1987 (except sections 94(5) and 105);

(fa) section 57 of the Road Management Act 2004;

(fb) section 126 and Schedule 2 of the Road Management Act 2004;

(fc) section 132 of the Road Management Act 2004 and regulations made under that section;

(g) Subdivision Act 1988 (except Division 5 of Part 5 and section 39);

(h) section 56 of the Transport (Compliance and Miscellaneous) Act 1983 and regulations made under that section;

(i) Water Act 1989 (except section 19).

Subdivision 3—Matters of privilege and policy

53 Cabinet documents

(1) The Premier may certify in writing that the disclosure of information about a specified matter, or the disclosure of any matter contained in a document, would be contrary to the public interest because it would involve the disclosure of deliberations of the Cabinet or a committee of the Cabinet.

(2) The Tribunal must ensure that—

(a) information or a document to which a certificate under subsection (1) applies that islodged with or produced or given to the Tribunal in a proceeding for review of a decision is not disclosed to any person other than a member of the Tribunal as constituted for the purposes of the proceeding in which it was lodged, produced or given; and

(b) a document to which a certificate under subsection (1) applies that is lodged with or produced or given to the Tribunal in a proceeding for review of a decision is returned to the person by whom it was lodged, produced or given when no longer required by the Tribunal.

54 Crown privilege

(1) The Attorney-General may certify in writing that the disclosure of information about a specified matter, or the disclosure of any matter contained in a document, would be contrary to the public interest for a reason specified in the certificate thatcould form the basis for a claim by the State in a proceeding in the Supreme Court that the information or matter should not be disclosed.

(2) The Tribunal must ensure that—

(a) subject to subsection (3), information or a document to which a certificate under subsection (1) applies that is lodged with or produced or given to the Tribunal in a proceeding for review of a decision is not disclosed to any person other than a member of the Tribunal as constituted for the purposes of the proceeding in which it was lodged, produced or given; and

(b) a document to which a certificate under subsection (1) applies that is lodged with or produced or given to the Tribunal in a proceeding for review of a decision is returned to the person by whom it was lodged, produced or given when no longer required by the Tribunal.

(3) The Tribunal, with the consent of the President, may allow a party, or a representative of a party, to have access to, or inspect, information or a document to which a certificate under subsection (1) applies, on any conditions the Tribunal thinks fit.

55 Certain questions not required to be answered

(1) Subject to this section, a person is not required to answer a question put to him or her in the course of giving evidence before the Tribunal in a proceeding for review of a decision if to do so would involve the disclosure of any information or matter to which a certificate under section 53 (Premier's certificate) or 54 (Attorney-General's certificate) applies.

(2) The Tribunal may order that a person answer a question that would involve the disclosure of any information or matter to which a certificate under section 54 (Attorney-General's certificate) applies if the Tribunal considers it would not be contrary to the public interest for the person to answer the question.

(3) The Tribunal's power to make an order under subsection (2) is exercisable only by the President.

(4) For the purposes of this Act, the question whether or not the answering of a question would be contrary to the public interest is a question of law.

56 Exclusion of general rules of public interest

Except to the extent set out in this Act, the rules of law relating to the public interest in relation to the disclosure of information or of matter contained in a document in legal proceedings are excluded in any proceeding for review.

57 Application of statements of policy

(1) The relevant Minister may certify in writing that there was, at the time a decision the subject of a proceeding for review was made, a statement of policy applying to decisions of that kind.

(2) If a certificate is given under subsection (1), the Tribunal in conducting the proceeding must apply the statement of policy if—

(a) the Tribunal is satisfied that, at the time the decision was made—

(i) the applicant was aware of the statement of policy; or

(ii) persons entitled to apply for review of a decision under the enabling enactment could reasonably have been expected to be aware of the statement of policy; or

(iii) the statement of policy had been published in the Government Gazette; and

(b) the decision-maker states in the material lodged with the Tribunal under section 49 that the decision-maker relied on the statement of policy in making the decision.

(3) Subsection (2) does not apply to the extent that the statement of policy is outside power.

relevant Minister means the Minister administering the enactment under which the decision the subject of the proceeding for review was made.

Pt 3A (Heading and ss 57A-57K) inserted by No. 31/2021 s. 3.

Part 3A—Federal subject matter

S. 57A inserted by No. 31/2021 s. 3, amended by No. 20/2022 s. 39 (ILA s. 39B(1)).

57A Definitions

(1) In this Part—

designated judicial officer has the same meaning as in the Courts (Case Transfer) Act 1991;

federal subject matter means subject matter of a kind referred to in section 75 (other than section 75(v)) or 76 of the Constitution of the Commonwealth;

S. 57A(1) def. of invalid Tribunal decision substituted by No. 26/2023 s. 64.

invalid Tribunal decision means a decision, order or declaration, or purported decision, order or declaration, made on or before the date on which the Justice Legislation Amendment Act 2023 receives the Royal Assent by the Tribunal in any proceeding determined by exercising judicial power involving federal subject matter which is invalid only because of that reason;

substituted proceeding means a proceeding in the Magistrates' Court on an application made under section 57B.

S. 57A(2) inserted by No. 20/2022 s. 39.

(2) In this Part, a reference to an application to the Tribunal includes a reference to a referral of a matter to, or a matter that is the subject of a referral to, the Tribunal, except for the purposes of section 57B(1)(a).

S. 57A(3) inserted by No. 20/2022 s. 39.

(3) For the avoidance of doubt, subsection (2) does not prevent a referring entity under an enabling enactment from referring a matter, or a matter that is the subject of a referral, to the Magistrates' Court under this Part.

S. 57B inserted by No. 31/2021 s. 3.

57B Applications to Magistrates' Court

(1) The following persons may apply to the Magistrates' Court under this section—

(a) a person who is entitled to apply to the Tribunal in its original jurisdiction, or would have been so entitled if the Tribunal had jurisdiction to exercise judicial power to resolve controversies involving federal subject matter;

(b) a person whose application to the Tribunal in its original jurisdiction was, before, on or after the commencement of this Part, struck out, dismissed, rejected or withdrawn on the ground that the Tribunal had no jurisdiction to exercise judicial power to resolve controversies involving federal subject matter;

S. 57B(1)(c) substituted by No. 26/2023 s. 65(1).

(c) a person who was a party to a proceeding in the Tribunal in which an order of the Tribunal was set aside by a court, on an appeal or review commenced on or before the date on which the Justice Legislation Amendment Act 2023 receives the Royal Assent, on the ground that the Tribunal had no jurisdiction to exercise judicial power to resolve controversies involving federal subject matter.

(2) The Magistrates' Court may hear and determine an application made under this section if satisfied that—

(a) the application raises, or there is some doubt as to whether it raises, a controversy involving federal subject matter; and

(b) resolution of that controversy would involve, or there is some doubt as to whether it would involve, an exercise of judicial power; and

(c) the Tribunal would have had original jurisdiction enabling it to determine an application involving the same subject matter if the application did not raise a controversy involving federal subject matter the resolution of which would involve an exercise of judicial power.

(3) The fee payable for an application under this section is the relevant fee (if any) payable to the Tribunal under this Act.

(4) Subject to section 57D, any limitation period that would apply to the making of an application to the Tribunal applies to the making of an application to the Magistrates' Court under this section.

(5) The Magistrates' Court may strike-out, dismiss or reject an application if the Court is not satisfied under subsection (2).

S. 57B(6) repealed by No. 26/2023 s. 65(2).

S. 57C inserted by No. 31/2021 s. 3.

57C Substituted proceedings

(1) If the Magistrates' Court decides to hear and determine an application made under section 57B—

(a) the Court must hear and determine it in accordance with this Part; and

(b) the Court may make any orders it considers appropriate to facilitate the hearing and determination of the application.

(2) Without limiting any other function or power of the Magistrates' Court but subject to subsection (3), the Magistrates' Court has, and may exercise, all of the functions and powers in relation to a substituted proceeding that the Tribunal would have had if the proceeding were before the Tribunal and it had jurisdiction to exercise judicial power to resolve controversies involving federal subject matter, including functions and powers conferred or imposed by or under this Act or an enabling enactment.

(3) For the purposes of a substituted proceeding—

(a) the Magistrates' Court is to be constituted as provided for by or under the Magistrates' Court Act 1989 instead of as provided for by or under this Act or an enabling enactment; and

(b) subject to paragraphs (c) to (i), the practice and procedure applicable in the Magistrates' Court (including in relation to enforcement of orders) apply, unless the Court determines otherwise; and

(c) the Evidence Act 2008 and the rules of evidence do not apply except to the extent that the Court determines otherwise; and

(d) sections 62 (representation of parties), 63 (interpreters) and 63A (support persons) of this Act apply as if a reference in those sections to a proceeding were a reference to the substituted proceeding; and

(e) section 105 of this Act (self-incrimination) applies as if a reference in that section to a proceeding were a reference to the substituted proceeding; and

(f) a person who could have been made a party to, or intervened in, the proceeding if it were before the Tribunal, with the leave of the Court, may also be made a party or intervene; and

(g) section 120 of this Act (re-opening an order on substantive grounds) applies in addition to section 110 of the Magistrates' Court Act 1989; and

(h) section 120A of this Act (re-opening an order for enforcement reasons) applies; and

(i) the Court may award or order costs or reimbursement or payment of fees in the proceeding only in the circumstances that the Tribunal would have been permitted to award or order costs or reimbursement or payment of fees (and costs are to be assessed in the same way as they would have been) if the proceeding were before the Tribunal; and

See sections 74(2), 75(2) and 109 and Division 8A of Part 4 of this Act in relation to costs and reimbursement or payment of fees.

(j) subject to subsection (4), the law applicable to appeals from the Magistrates' Court in civil proceedings applies to decisions of the Court in the substituted proceeding instead of Part 5 of this Act.

(4) A party to a substituted proceeding may appeal against an order of an interim or interlocutory nature made by the Magistrates' Court in the proceeding in the same way as a party may appeal against a final order made by the Magistrates' Court.

(5) A party that appeals under subsection (4) must notify the principal registrar of the Magistrates' Court.

(6) A reference to the Tribunal in this Act or an enabling enactment includes a reference to the Magistrates' Court in relation to any function or power conferred on the Court because of the operation of this section.

(7) In this section—

costs include amounts of the nature referred to in section 75(2).

S. 57D inserted by No. 31/2021 s. 3.

57D Extension of limitation periods

(1) The Magistrates' Court may extend any limitation period that applies to the making of an application under section 57B so as to allow the application to be made and determined, if satisfied that—

(a) the application involves the same subject matter as an application to the Tribunal that was struck out, dismissed, rejected or withdrawn for lack of jurisdiction; and

(b) the late making of the application is attributable to additional steps the applicant was required to take to have the matter determined by the Court because the application to the Tribunal was struck out, dismissed, rejected or withdrawn; and

(2) The Tribunal may extend any limitation period that applies to the making of an application to the Tribunal so as to allow the application to be made and determined, if satisfied that—

(a) the application involves the same subject matter as an application to the Magistrates' Court under section 57B that was—

(i) struck out, dismissed, rejected or withdrawn because the Court was not satisfied as referred to in section 57B(2); or

(ii) withdrawn before the Court had determined whether or not it was satisfied as referred to in section 57B(2); and

(b) the late making of the application is attributable to additional steps the applicant was required to take to have the matter determined by the Tribunal because the application under section 57B was struck out, dismissed, rejected or withdrawn; and

(3) A limitation period may be extended under this section even though the limitation period has already expired.

S. 57E inserted by No. 31/2021 s. 3.

57E Time limits for dealing with applications

(1) Any time limits for dealing with an application that would apply to the Tribunal if an application that is the subject of a substituted proceeding had been an application to the Tribunal apply to the Court, with any periods being reckoned from the time the application was made to the Court.

(2) Despite subsection (1), if a substituted proceeding involves the same subject matter as an application to the Tribunal that was struck out, dismissed, rejected or withdrawn for lack of jurisdiction, the Magistrates' Court must—

(a) have regard to that fact in observing any time limits; and

(b) hear and determine the proceeding as expeditiously as possible.

(3) If an application to the Tribunal involves the same subject matter as an application to the Magistrates' Court under section 57B that was struck out, dismissed, rejected or withdrawn because the Court was not satisfied as referred to in section 57B(2), or withdrawn before the Court had determined whether or not it was satisfied as referred to in section 57B(2), the Tribunal must have regard to that fact in observing any time limit that applies to the Tribunal in dealing with the application.

See also section 98(1)(d) as to the requirement for the Tribunal to determine a proceeding speedily.

S. 57F inserted by No. 31/2021 s. 3.

57F Rights and liabilities—past invalid Tribunal decisions

(1) By force of this section, the rights and liabilities of all persons are deemed to be, and always to have been, the same as if—

(a) in relation to a proceeding in which an invalid Tribunal decision was made, any decision, order or declaration in the proceeding had been made by the Magistrates' Court in accordance with this Part as if this Part had been in operation at the time of the invalid Tribunal decision; and

(b) the decision, order or declaration referred to in paragraph (a) were valid orders of the Magistrates' Court in relation to such a proceeding.

(2) A right or liability conferred, imposed or affected by subsection (1) is exercisable or enforceable, and is deemed to have always been exercisable or enforceable, as if it were a right or liability conferred, imposed or affected by a valid order of the Magistrates' Court made under this Part, including any right to seek review of, or appeal against, the order, whether in accordance with section 57C(3)(j) or (4) or otherwise.

S. 57G inserted by No. 31/2021 s. 3.

57G Effect of things done or omitted to be done under or in relation to rights and liabilities

(1) Any act or thing done or omitted to be done before, on or after the commencement of this Part under or in relation to a right or liability conferred, imposed or affected by section 57F—

(a) has the same effect, and gives rise to the same consequences, for the purposes of any written or other law; and

(b) is deemed to have always had the same effect, and given rise to the same consequences, for the purposes of any written or other law—

as if it were done, or omitted to be done, to give effect to, or under the authority of, or in reliance on, a valid order of the Magistrates' Court made under this Part.

(2) Any act or thing done or omitted to be done before, on or after the commencement of this Part gives rise to the same consequences, and is to be regarded as always having given rise to the same consequences, as if each invalid Tribunal decision were a valid order of the Magistrates' Court made under this Part for the purposes of a provision of a law (other than a law relating to contempt of court) that sets out a consequence for a person if—

(a) the person contravenes a judgment or order, or a particular kind of judgment or order, given by a court; or

(b) the person acts in a specified way while there is in force a judgment or order, or a particular kind of judgment or order, given by a court.

(3) Without limiting subsection (1), if, before, on or after the commencement of this Part, a person has—

(a) interfered with a right or liability conferred, imposed or affected by section 57F; or

(b) failed to satisfy or comply with a liability conferred, imposed or affected by section 57F—

the interference or failure is, and is deemed always to have been, a matter that can be dealt with by way of a proceeding for contempt in the same manner as if the interference or failure had been in relation to a right conferred, imposed or affected, or a liability conferred, imposed or affected, by an order of the Supreme Court.

(4) Nothing in subsection (3) limits sections 121, 122 or 137.

S. 57H inserted by No. 31/2021 s. 3.

57H Powers of Magistrates' Court in relation to rights and liabilities

(1) The Magistrates' Court may vary, revoke, set aside, revive or suspend a right or liability conferred, imposed or affected by section 57F as if it were a right or liability validly conferred, imposed or affected by the Magistrates' Court in or in relation to a substituted proceeding of the kind in relation to which the invalid Tribunal decision was made.

(2) In addition to its powers under subsection (1), the Magistrates' Court also has power to make an order achieving any other result that could have been achieved if—

(a) the invalid Tribunal decision had been a valid order of the Magistrates' Court made in or in relation to a substituted proceeding of the kind in or in relation to which the invalid Tribunal decision was made; and

(b) the Magistrates' Court had been considering whether—

(i) to vary, revoke, set aside, revive or suspend that order; or

(ii) to extend the time for the doing of any thing; or

(iii) to grant a stay of the proceeding.

S. 57I inserted by No. 31/2021 s. 3.

57I Rights and liabilities do not apply in certain circumstances

(1) Sections 57F, 57G and 57H do not apply if any order is made by the County Court or the Supreme Court (including the Court of Appeal) before the commencement of this Part which quashes, overturns or reverses a decision, order or declaration of the Tribunal on the ground that the Tribunal has no jurisdiction to exercise judicial power to resolve controversies involving federal subject matter.

(2) Sections 57F, 57G and 57H do not apply if an appeal or a review which includes the ground that the Tribunal has no jurisdiction to exercise judicial power to resolve controversies involving federal subject matter has been commenced but not determined before or on the date on which the Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021 receives the Royal Assent.

S. 57I(3) inserted by No. 26/2023 s. 66.

(3) Sections 57F, 57G and 57H do not apply if an appeal or a review which includes the ground that the Tribunal has no jurisdiction to exercise judicial power to resolve controversies involving federal subject matter has been commenced but not determined after 10 August 2021 and before or on the date on which the Justice Legislation Amendment Act 2023 receives the Royal Assent.

10 August 2021 is the day of Royal Assent of the Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021.

S. 57J inserted by No. 31/2021 s. 3.

57J Transfer of substituted proceedings

(1) A substituted proceeding may be transferred from the Magistrates' Court to the Supreme Court or the County Court (the transferee court) under this section, after it has been referred under subsection (2) to the designated judicial officers of the Magistrates' Court and the transferee court.

(2) A judicial or administrative officer of the Magistrates' Court (which may include the designated judicial officer of that Court) or a party to a substituted proceeding may refer the proceeding to the designated judicial officers of the Magistrates' Court and the transferee court.

(3) A substituted proceeding may be transferred under this section only if—

(a) the designated judicial officers of the Magistrates' Court and the transferee court are of the opinion that the transfer is appropriate; or

(b) in a case of disagreement between the designated judicial officers, the designated judicial officer of the transferee court is of the opinion that the transfer is appropriate.

(4) In forming an opinion for the purposes of subsection (3), the designated judicial officers may consider—

(a) any amount claimed in the substituted proceeding; and

(b) the complexity of the substituted proceeding; and

(c) whether, if the Tribunal had jurisdiction to determine the subject matter of the substituted proceeding, it is likely that the matter would have been heard by the President or a Vice President; and

(d) which court in the circumstances is the most natural forum for resolution of the matters in dispute in the substituted proceeding; and

(e) anything else that the designated judicial officers consider relevant.

(5) If the designated judicial officer or officers form the opinion referred to in subsection (3), the Magistrates' Court constituted by its designated judicial officer, as soon as practicable, must make an order transferring the substituted proceeding to the transferee court and, on the making of that order—

(a) the proceeding is discontinued in the Magistrates' Court; and

(b) the Magistrates' Court must cause the record and all documents relating to the proceeding to be sent to the transferee court.

(6) If the substituted proceeding is transferred—

(a) the transferee court has, in addition to its existing jurisdiction, functions and powers, any jurisdiction, functions and powers the Magistrates' Court would have had if the proceeding had not been transferred; and

(b) unless the transferee court otherwise orders, the practice and procedure applicable in the transferee court apply in relation to the proceeding; and

(c) unless the transferee court otherwise orders, anything done or omitted to be done in the proceeding under or in accordance with the rules of court that applied to it before the transfer must be taken, so far as possible, to have been done or omitted under the rules that apply in the transferee court; and

(d) the transferee court must endeavour to ensure that the proceeding is heard and determined no later than it would have been if it had not been transferred; and

(e) a judgment given or order made by the transferee court in the proceeding has effect and may be enforced or appealed against like any other judgment or order of that court; and

(f) the transferee court may award costs in any manner it sees fit; and

(g) the transferee court may transfer the proceeding to the Tribunal if satisfied that the Tribunal has jurisdiction to determine the subject matter of the substituted proceeding.

(7) This section is in addition to anything in the Courts (Case Transfer) Act 1991.

S. 57K inserted by No. 31/2021 s. 3.

57K Part prevails

If a provision of this Part is inconsistent with another provision of this Act or a provision of an enabling enactment, the provision of this Part prevails to the extent of the inconsistency.

Part 4—The Tribunal—general procedure

Division 1—Introduction

58 Structure of Part

(1) This Part sets out the general procedure of the Tribunal.

(2) Schedule 1 sets out variations from the general procedure for certain types of proceedings.

Division 2—Parties

59 Who are the parties to a proceeding?

(1) The parties to a proceeding are—

(a) in a proceeding in the Tribunal's original jurisdiction—

(i) the person who applies to the Tribunal, or who requests or requires a matter to be referred to the Tribunal; and

(ii) in the case of an inquiry by the Tribunal, the person who is the subject of the inquiry; and

(iii) any person joined as a party to the proceeding by the Tribunal; and

(iv) any other person specified by or under this Act or the enabling enactment as a party;

(b) in a proceeding in the Tribunal's review jurisdiction—

(i) the person who applies to the Tribunal for review of a decision, or who requests or requires a decision to be referred to the Tribunal for review; and

(ii) the decision-maker who made the decision; and

(iii) any person joined as a party to the proceeding by the Tribunal; and

(iv) any other person specified by or under this Act or the enabling enactment as a party.

(2) A decision-maker who made a decision by reason of holding or performing the duties of an office or appointment or a position in the public service is to be described in any proceeding in respect of the decision by the decision-maker's official name.

60 Joinder of parties

(1) The Tribunal may order that a person be joined as a party to a proceeding if the Tribunal considers that—

(a) the person ought to be bound by, or have the benefit of, an order of the Tribunal in the proceeding; or

(b) the person's interests are affected by the proceeding; or

(c) for any other reason it is desirable that the person be joined as a party.

(2) The Tribunal may make an order under subsection (1) on its own initiative or on the application of any person.

S. 60(3) inserted by No. 62/2014 s. 28.

(3) On the application of a person who is entitled under section 73(4) to be joined as a party the Tribunal must order that the person be joined as a party.

S. 60A inserted by No. 23/2014 s. 9.

60A Removal of parties

(1) The Tribunal may order that a person cease to be a party to a proceeding if the Tribunal considers that—

(a) the person's interests are not, or are no longer, affected by the proceeding; or

(b) the person is not a proper or necessary party to the proceeding, whether or not the person was one originally.

(2) An order under subsection (1) may include any other matters of a consequential or ancillary nature that the Tribunal considers appropriate.

(3) The Tribunal may make an order under subsection (1) on its own initiative or on the application of a party.

61 Unincorporated associations

(1) An unincorporated association cannot be a party to a proceeding.

(2) If the Tribunal permits, a submission may be made on behalf of an unincorporated association on any relevant matter in a proceeding by—

(a) a member of the association; or

(b) a person authorised by the association who is not a member.

(3) The Tribunal may require a person referred to in subsection (2)(b) who seeks to make a submission to produce a certificate of authorisation from the unincorporated association signed by the president, secretary or other similar officer of the association.

62 Representation of parties

(1) In any proceeding a party—

(a) may appear personally; or

(b) may be represented by a professional advocate if—

(i) the party is a person referred to in subsection (2); or

(ii) another party to the proceeding is a professional advocate; or

(iii) another party to the proceeding who is permitted under this section to be represented by a professional advocate is so represented; or

(iv) all the parties to the proceeding agree; or

(c) may be represented by any person (including a professional advocate) permitted or specified by the Tribunal.

(2) The following persons may be represented by a professional advocate in a proceeding—

(a) a child;

(b) a municipal council;

(c) the State or a Minister or other person who represents the State;

S. 62(2)(d) amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 108/2004 s. 117(1) (Sch. 3 item 219.2).

(d) a public entity within the meaning of the Public Administration Act 2004;

S. 62(2)(e) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 219.3).

(e) the holder of a statutory office within the meaning of the Public Administration Act 2004;

S. 62(2)(f) amended by No. 11/2010 s. 59(1).

(f) a credit provider within the meaning of the Credit Act 1984;

(g) an insurer within the meaning of the Domestic Building Contracts Act 1995.

(3) A party that is a body corporate may be represented in a proceeding by a director, secretary or other officer except, in the case of a body corporate that is not referred to in subsection (2), a director, secretary or officer who is a professional advocate.

(4) Despite subsection (3), if all officers of a body corporate are professional advocates, one of those officers may represent the body corporate in a proceeding.

(5) If a party is a child, the Tribunal may appoint a litigation guardian, in accordance with the rules, to conduct the proceeding on behalf of the child.

(6) If a party is unrepresented in a proceeding, the Tribunal may appoint a person (whether or not a professional advocate) to represent that party.

(7) If a person who is not a professional advocate seeks to represent a party in a proceeding—

(a) if the party is a body corporate, the person must give the Tribunal a certificate of authority for the representation from the body corporate; or

(b) in any other case, the Tribunal may require the person to produce a certificate of authority for the representation from the party.

(8) In this section—

S. 62(8) def. of professional advocate amended by No. 17/2014 s. 160(Sch. 2 item 105.4).

professional advocate means—

(a) a person who is or has been an Australian lawyer; or

(b) a person who is or has been an articled clerk or law clerk in Australia; or

(c) a person who holds a degree, diploma or other qualification in law granted or conferred in Australia; or

(d) a person who, in the opinion of the Tribunal, has had substantial experience as an advocate in proceedings of a similar nature to the proceeding before the Tribunal—

other than a person who is in a class of persons disqualified by the rules from being a professional advocate.

(9) Rules for the purposes of subsection (8) may only disqualify a class of persons from being professional advocates on the basis that persons in that class—

(a) have been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth or under the rules of a professional or occupational association or other body; and

(b) have been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional or occupational standards.

63 Interpreters

Unless the Tribunal directs otherwise, a party may be assisted in a proceeding by an interpreter or another person necessary or desirable to make the proceeding intelligible to that party.

S. 63A inserted by No. 15/2018 s. 63.

63A Support persons

(1) Unless the Tribunal directs otherwise, a party may be assisted in a proceeding by a support person for the purposes of providing emotional or other support to that party.

A support person may include, but is not limited to, a family member or friend, or a person with appropriate cultural or social knowledge who provides emotional or other support to a party.

(2) A support person referred to in subsection (1) must not—

(a) be a party to the proceeding; or

(b) represent a party to the proceeding.

Division 3—Constitution of Tribunal

64 Constitution of Tribunal in proceedings

(1) Subject to the rules, the Tribunal is to be constituted for the purposes of any particular proceeding by 1, 2, 3, 4 or 5 members.

Note to s. 64(1) inserted by No. 23/2014 s. 10.

The rules may provide for the Tribunal to be constituted by the principal registrar for performing certain functions—see section 157A. If so, a registrar may also perform those functions—see section 32(3).

(2) If the Tribunal is to be constituted at a proceeding—

S. 64(2)(a) amended by No. 17/2014 s. 160(Sch. 2 item 105.5).

(a) by one member only, that member must be an Australian lawyer; and

S. 64(2)(b) amended by No. 17/2014 s. 160(Sch. 2 item 105.5).

(b) by more than one member, at least one must be an Australian lawyer.

(3) The President determines how the Tribunal is to be constituted for the purposes of each proceeding.

S. 64(4) inserted by No. 62/2014 s. 29.

(4) If a provision of this Act, the rules or an enabling enactment provides that a power of the Tribunal is exercisable by any member, then any member of the Tribunal may exercise that power in a proceeding despite any provision of this Act or an enabling enactment that requires the Tribunal to be constituted in a particular way for the purposes of the proceeding.

As section 80(2) provides that the Tribunal's power to give directions is exercisable by any member, any member may give directions in a proceeding under Division 5 of Part 3 of the Pharmacy Regulation Act 2010 even though clause 51AE of Schedule 1 requires the Tribunal to be constituted by at least 3 members for the purposes of proceedings under that Division.

S. 64(5) inserted by No. 62/2014 s. 29.

(5) If a provision of this Act, the rules or an enabling enactment provides that a power of the Tribunal is exercisable by the principal registrar, then the principal registrar may exercise that power in a proceeding despite any provision of this Act or an enabling enactment that requires the Tribunal to be constituted in a particular way for the purposes of the proceeding.

S. 64(6) inserted by No. 6/2025 s. 177.

(6) Subsections (1) and (2) do not apply to any RDRV proceeding.

65 Who presides in a proceeding?

At a proceeding at which the Tribunal is constituted by more than one member—

(a) if the President is a member, the President presides;

(b) if the President is not a member but a Vice President is, the Vice President presides or, if there is more than one, then the Vice President nominated by the President for this purpose presides;

(c) if neither the President nor a Vice President is a member but a Deputy President is, the Deputy President presides or, if there is more than one, then the Deputy President nominated by the President for this purpose presides;

(d) if neither the President nor a Vice President nor a Deputy President is a member but a senior member is, the senior member presides or, if there is more than one, then the senior member nominated by the President for this purpose presides;

(e) if the members are all ordinary members, then the member nominated by the President for this purpose presides.

66 Opinions equally divided

If for the purposes of any particular proceeding the Tribunal is constituted by 2 or 4 members and the opinions of those members on a question before them are equally divided, the question must be decided according to the opinion of the presiding member.

Division 4—Preliminary procedure

67 How to make an application to the Tribunal

(1) An application to the Tribunal—

(a) must be in the form, and contain the particulars, required by the rules; and

(b) must be accompanied by any documents or further information required by the rules; and

(c) must be lodged in the manner specified in the rules.

(2) The rules may require an application to be verified by statutory declaration or in any other manner.

(3) Two or more persons entitled to make an application to the Tribunal may make a joint application.

S. 67(4) repealed by No. 15/2018 s. 62.

68 Application fee

(1) An applicant must pay the prescribed fee (if any) for the application.

(2) The principal registrar may determine the fee payable for a joint application as if a separate application had been made by each person who makes the joint application.

S. 68(3) amended by No. 51/2000 s. 18(1).

(3) If the fee is not paid at the time the application is lodged, the Tribunal is to take no further action in respect of the application (other than action referred to in subsection (4)) until—

(a) the fee is paid; or

(b) the fee is waived under section 132; or

(c) if the fee is reduced under section 132, the reduced fee is paid.

S. 68(3A) inserted by No. 20/2015 s. 17(1).

(3A) Subsection (3) does not apply in respect of an application for which payment of the fee is postponed.

S. 68(4) substituted by No. 51/2000 s. 18(2).

(4) If the fee is not paid within 30 days after the day on which the application is lodged, the Tribunal may make an order striking out the proceeding, unless—

(a) the fee has been waived under section 132 in that period; or

(b) the fee has been reduced under section 132 and the reduced fee has been paid in that period; or

S. 68(4)(c) amended by No. 20/2015 s. 17(2).

(c) an applicant has requested the reduction, waiver or postponement of the fee and the request has not been determined by the end of that period.

S. 68(5) inserted by No. 20/2015 s. 17(3).

(5) Despite subsections (3) and (4), in the case of a fee which has been postponed, the Tribunal may make an order striking out the proceeding if the postponed fee is not paid by the date specified for payment when it was postponed.

69 Procedure where a matter is referred to the Tribunal

If an enabling enactment provides for a matter to be referred to the Tribunal, the referral is to be made in accordance with the enabling enactment and the rules.

70 Referral fee

(1) If a matter is referred to the Tribunal, the applicant must pay the prescribed fee (if any) for the referral.

(2) The Tribunal may refuse to continue with a proceeding on a referral if a fee payable for the referral has not been paid.

71 Principal registrar or the Tribunal may reject certain applications

(1) Unless otherwise provided for in the rules, the principal registrar may reject an application that—

(a) is made by a person not entitled to make it; or

(b) is lodged after the expiry of the period specified in the enabling enactment; or

(c) does not otherwise comply with this Act, the regulations or the rules.

(2) If the principal registrar rejects an application, the applicant may require the principal registrar to refer the application to the Tribunal for review of the rejection.

(3) If the principal registrar rejects an application, he or she must inform the applicant of the right of referral under subsection (2).

(4) No fee is payable for a referral under subsection (2).

(5) On a referral under subsection (2), the Tribunal must review the rejection and may—

(a) confirm the rejection; or

(b) order the principal registrar to accept the application.

(6) Instead of rejecting an application under subsection (1), the principal registrar may refer it to the Tribunal.

(7) On a referral under subsection (6), the Tribunal may order that the application be rejected if it is an application referred to in subsection (1)(a), (b) or (c).

(8) Nothing in Division 3 of Part 3 applies to a review under subsection (2).

72 Notification of commencement

(1) An applicant must serve a copy of an application or referral, within the time specified by the rules—

(a) on each other party; and

(b) on any other person entitled to notice of the application under this Act, the enabling enactment or the rules; and

(c) on any person that the Tribunal directs be given notice of the proceeding.

(2) Subsection (1) does not apply if—

(a) the principal registrar undertakes service on behalf of the applicant; or

S. 72(2)(b) amended by No. 101/1998 s. 23(a)(i).

(b) a member makes an order under subsection (3).

S. 72(3) amended by Nos 101/1998 s. 23(a)(ii), 17/2014 s. 160(Sch. 2 item 105.5).

(3) A member who is an Australian lawyer may make an order that service under subsection (1) be dispensed with if he or she is satisfied—

(a) that the applicant has made all reasonable attempts to serve a person, but has been unsuccessful; or

(b) that the making and hearing of an application or referral without notice to a person would not cause injustice.

S. 72(4) amended by No. 101/1998 s. 23(a)(iii).

(4) An order under subsection (3) may be made on the application of the applicant or at the member's own initiative.

73 Intervention

(1) The Attorney-General may intervene on behalf of the State in a proceeding at any time.

S. 73(2) amended by Nos 17/1999 s. 49(2), 21/2012 s. 239(Sch. 6 item 46.2).

(2) The Director may intervene at any time in a proceeding under an enabling enactment that is administered by the Minister administering the Australian Consumer Law and Fair Trading Act 2012.

S. 73(2A) inserted by No. 6/2003 s. 16, amended by No. 16/2017 s. 29(1).

(2A) The Small Business Commission established under the Small Business Commission Act 2017 may intervene at any stage in proceedings brought before the Tribunal—

(a) concerning a retail tenancy dispute within the meaning of Part 10 of the Retail Leases Act 2003; or

S. 73(2A)(b) amended by No. 49/2005 s. 67(1)(a), substituted by No. 72/2010 s. 48(Sch. item 24).

(b) under section 22 of the Australian Consumer Law (Victoria); or

S. 73(2A)(c) inserted by No. 49/2005 s. 67(1)(b).

(c) under the Owner Drivers and Forestry Contractors Act 2005.

S. 73(2B) inserted by No. 6/2003 s. 16, amended by No. 16/2017 s. 29(2).

(2B) If the Small Business Commission intervenes in proceedings referred to in subsection (2A), it becomes a party to the proceedings and has all the rights (including rights of appeal) of such a party.

S. 73(2C) inserted by No. 100/2005 s. 15, repealed by No. 21/2009 s. 6.

(3) The Tribunal may give leave at any time for a person to intervene in a proceeding subject to any conditions the Tribunal thinks fit.

S. 73(4) inserted by No. 62/2014 s. 30, amended by No. 16/2017 s. 29(3).

(4) A person (other than the Small Business Commission) who is entitled under this Act or an enabling enactment to intervene in a proceeding and who does intervene is entitled to be joined as a party to the proceeding.

74 Withdrawal of proceedings

(1) If the Tribunal gives leave, an applicant may withdraw an application or referral before it is determined by the Tribunal.

(2) If an applicant withdraws an application or referral—

(a) the applicant must notify all other parties in writing of the withdrawal; and

(b) the Tribunal may make an order that the applicant pay all, or any part of, the costs of the other parties to the proceeding; and

(c) the principal registrar may refund any application fee paid by the applicant; and

(d) the applicant cannot make a further application or request or require a further referral in relation to the same facts and circumstances without the leave of the Tribunal.

(3) Subsection (2)(a) does not apply if the principal registrar notifies the other parties in writing on behalf of the applicant.

75 Summary dismissal of unjustified proceedings

(1) At any time, the Tribunal may make an order summarily dismissing or striking out all, or any part, of a proceeding that, in its opinion—

(a) is frivolous, vexatious, misconceived or lacking in substance; or

(b) is otherwise an abuse of process.

(2) If the Tribunal makes an order under subsection (1), it may order the applicant to pay any other party an amount to compensate that party for any costs, expenses, loss, inconvenience and embarrassment resulting from the proceeding.

(3) The Tribunal's power to make an order under subsection (1) or (2) is exercisable by—

(a) the Tribunal as constituted for the proceeding; or

S. 75(3)(b) amended by No. 51/2000 s. 19.

(b) a presidential member; or

S. 75(3)(c) inserted by No. 51/2000 s. 19, amended by Nos 79/2006 s. 56, 17/2014 s. 160(Sch. 2 item 105.5).

(c) a member who is an Australian lawyer.

(4) An order under subsection (1) or (2) may be made on the application of a party or on the Tribunal's own initiative.

(5) For the purposes of this Act, the question whether or not an application is frivolous, vexatious, misconceived or lacking in substance or is otherwise an abuse of process is a question of law.

76 Summary dismissal for want of prosecution

(1) At any time, the Tribunal may make an order summarily dismissing or striking out all, or any part, of a proceeding for want of prosecution.

(2) The Tribunal's power to dismiss or strike out a proceeding under this section is exercisable by—

(a) the Tribunal as constituted for the proceeding; or

(b) a presidential member.

(3) An order under subsection (1) may be made on the application of a party or on the Tribunal's own initiative.

77 More appropriate forum

(1) At any time, the Tribunal may make an order striking out all, or any part, of a proceeding (other than a proceeding for review of a decision) if it considers that the subject-matter of the proceeding would be more appropriately dealt with by a tribunal (other than the Tribunal), a court or any other person or body.

S. 77(2) substituted by No. 26/2023 s. 67(1).

(2) An order under subsection (1) may be made on the application of a party or on the Tribunal's own initiative.

(3) If the Tribunal makes an order under subsection (1), it may refer the matter to the relevant tribunal, court, person or body if it considers it appropriate to do so.

S. 77(4) substituted by No. 26/2023 s. 67(2).

(4) If the Tribunal refers a matter to a court under subsection (3), the court may extend any limitation period that applies to the commencement of a proceeding in relation to that matter so as to allow the proceeding to be commenced and determined, if the court is satisfied that—

(a) the proceeding involves the same subject matter as a proceeding in the Tribunal that was struck out under subsection (1) on the ground, or on grounds that included, that the Tribunal lacked jurisdiction to exercise judicial power to resolve controversies involving federal subject matter within the meaning of section 57A(1); and

S. 77(4)(b) repealed by No. 2/2024 s. 60(1).

S. 77(4A) inserted by No. 2/2024 s. 60(2).

(4A) To avoid doubt, a reference in subsection (4) to the commencement of a proceeding includes the joinder of a person who was not a party to the proceeding in the Tribunal referred to in subsection (4)(a).

S. 77(5) inserted by No. 26/2023 s. 67(2).

(5) The Tribunal's power to make an order under subsection (1) and to refer a matter under subsection (3) is exercisable only by—

(a) a presidential member; or

(b) a senior member who has been an Australian lawyer for not less than 5 years.

78 Conduct of proceeding causing disadvantage

(1) This section applies if the Tribunal believes that a party to a proceeding is conducting the proceeding in a way that unnecessarily disadvantages another party to the proceeding by conduct such as—

(a) failing to comply with an order or direction of the Tribunal without reasonable excuse; or

(b) failing to comply with this Act, the regulations, the rules or an enabling enactment; or

(c) asking for an adjournment as a result of (a) or (b); or

(d) causing an adjournment; or

(e) attempting to deceive another party or the Tribunal; or

S. 78(1)(f) amended by No. 51/2000 s. 20.

(f) vexatiously conducting the proceeding; or

S. 78(1)(g) inserted by No. 51/2000 s. 20.

(g) failing to attend mediation or the hearing of the proceeding.

(2) If this section applies, the Tribunal may—

(a) order that the proceeding be dismissed or struck out, if the party causing the disadvantage is the applicant; or

(b) if the party causing the disadvantage is not the applicant—

(i) determine the proceeding in favour of the applicant and make any appropriate orders; or

(ii) order that the party causing the disadvantage be struck out of the proceeding;

(c) make an order for costs under section 109.

(3) The Tribunal's powers under this section are exercisable by the presiding member.

S. 78A (Heading) amended by No. 69/2009 s. 54(Sch. Pt 2 item 57.1).

S. 78A inserted by No. 53/2006 s. 6,
amended by No. 69/2009 s. 54(Sch. Pt 2 item 57.2).

78A Application of Division 9 of Part III of Evidence (Miscellaneous Provisions) Act 1958—Document unavailability

Despite section 98(1)(b), Division 9 of Part III of the Evidence (Miscellaneous Provisions) Act 1958 applies to a proceeding commenced on or after the commencement of the Evidence (Document Unavailability) Act 2006, regardless of when the document was destroyed, disposed of, lost, concealed or rendered illegible, undecipherable or incapable of identification.

79 Security for costs

(1) On the application of a party to a proceeding, the Tribunal may order at any time—

(a) that another party give security for that party's costs within the time specified in the order; and

(b) that the proceeding as against that party be stayed until the security is given.

(2) If security for costs is not given within the time specified in the order, the Tribunal may make an order dismissing the proceeding as against the party that applied for the security.

(3) The Tribunal's power to make an order under this section in a proceeding is exercisable by—

(a) the presiding member; or

(b) a presidential member.

80 Directions

(1) The Tribunal may give directions at any time in a proceeding and do whatever is necessary for the expeditious or fair hearing and determination of a proceeding.

(2) The Tribunal's power to give directions is exercisable by any member.

(3) The Tribunal may give directions under this section requiring a party to produce a document or provide information in a proceeding for review of a decision despite anything to the contrary in section 106(1) or any rule of law relating to privilege or the public interest in relation to the production of documents.

81 Obtaining information from third parties

(1) On the application of a party to a proceeding, the Tribunal may order that a person—

(a) who is not a party to the proceeding; and

(b) who has, or is likely to have, in the person's possession a document that is relevant to the proceeding—

produce the document to the Tribunal or the party within the time specified in the order.

(2) The Tribunal's power to make an order under subsection (1) is exercisable by any member.

82 Consolidation of proceedings

(1) The Tribunal may direct that 2 or more applications or referrals that concern the same or related facts and circumstances—

(a) be consolidated into the one proceeding; or

(b) remain as separate proceedings but be heard and determined together.

(2) The Tribunal's power to give a direction under subsection (1)(a) is exercisable by a presidential member.

(3) The Tribunal's power to give a direction under subsection (1)(b) is exercisable by any member.

(4) If applications or referrals are consolidated, evidence given in the proceeding is admissible in relation to all applications or referrals consolidated into that proceeding.

Division 5—Compulsory conferences, mediation and settlement

83 Compulsory conferences

S. 83(1) substituted by No. 15/2018 s. 64(1).

(1) Before a proceeding is heard by the Tribunal, the Tribunal or principal registrar may require the parties to the proceeding to attend one or more compulsory conferences before—

(a) a member of the Tribunal; or

(b) the principal registrar; or

(c) a person nominated by the Tribunal or the principal registrar.

S. 83(1A) inserted by No. 15/2018 s. 64(2).

(1A) A person nominated under subsection (1)(c) or clause 52(3) of Schedule 1 to conduct a compulsory conference must not make directions under subsection (2)(d).

(2) The functions of a compulsory conference are—

(a) to identify and clarify the nature of the issues in dispute in the proceeding;

(b) to promote a settlement of the proceeding;

(c) to identify the questions of fact and law to be decided by the Tribunal;

(d) to allow directions to be given concerning the conduct of the proceeding.

(3) Notice of a compulsory conference must be given to each party in accordance with the rules.

(4) Unless the person presiding otherwise directs, a compulsory conference must be held in private.

(5) Subject to this Act and the rules, the procedure for a compulsory conference is at the discretion of the person presiding.

84 Tribunal may require personal attendance at compulsory conference

The Tribunal or the principal registrar may require a party to attend a compulsory conference personally or by a representative who has authority to settle the proceeding on behalf of the party.

85 Evidence inadmissible

Evidence of anything said or done in the course of a compulsory conference is not admissible in any hearing before the Tribunal in the proceeding, except—

(a) where all parties agree to the giving of the evidence; or

(b) evidence of directions given at a compulsory conference or the reasons for those directions; or

(c) evidence of anything said or done that is relevant to—

(i) a proceeding for an offence in relation to the giving of false or misleading information; or

(ii) a proceeding under section 137 (contempt); or

(iii) a proceeding in relation to an order made under section 87(b)(i).

86 Party may object to member hearing the proceeding

(1) A party to a proceeding who attended or was represented at a compulsory conference may object to the member who presided constituting the Tribunal (whether with or without others) for the purpose of hearing the proceeding.

(2) The objection must be made to the Tribunal before or at the commencement of the hearing.

(3) If an objection is made, the member must take no further part in the hearing and, if necessary, the Tribunal must be reconstituted.

87 What happens if a party fails to attend a compulsory conference?

If a party does not attend a properly convened compulsory conference—

(a) the conference may proceed at the appointed time in the party's absence; and

(b) if a member of the Tribunal is presiding and all the parties present agree, the Tribunal, constituted by that member, may—

(i) determine the proceeding adversely to the absent party and make any appropriate orders; or

(ii) direct that the absent party be struck out of the proceeding.

88 Mediation

(1) The Tribunal or the principal registrar may refer a proceeding or any part of it for mediation by a person nominated by the Tribunal or principal registrar (as the case requires).

(2) A referral may be made under subsection (1) with or without the consent of the parties.

(3) The principal registrar must give notice of the mediation to each party in accordance with the rules.

(4) A party must pay the prescribed fee (if any) for mediation, whether or not the party consented to the referral for mediation.

(5) The Tribunal may refuse to continue with a proceeding if a fee payable for mediation has not been paid.

S. 88(6) repealed by No. 62/2014 s. 31.

(7) Subject to this Act and the rules, the procedure for mediation is at the discretion of the mediator.

S. 89
amended by Nos 51/2000 s. 21, 23/2014 s. 11(1).

89 Tribunal or mediator may require personal attendance at mediation

The member or principal registrar who refers a proceeding or any part of it for mediation or the mediator may require a party to attend the mediation, either personally or by a representative who has authority to settle the proceeding or part on behalf of the party.

S. 90
amended by Nos 51/2000 s. 22, 23/2014 s. 11(2).

90 What happens if mediation is successful?

If the parties agree to settle a proceeding or any part of it as a result of mediation, the mediator must notify the principal registrar that the parties have agreed to settle.

S. 91 amended by No. 23/2014 s. 11(2).

91 What happens if mediation is unsuccessful?

If the mediator has attempted unsuccessfully to settle the proceeding or any part of it by mediation, the mediator must notify the principal registrar that mediation has been unsuccessful.

92 Evidence inadmissible

Evidence of anything said or done in the course of mediation is not admissible in any hearing before the Tribunal in the proceeding, unless all parties agree to the giving of the evidence.

93 Settlement of proceeding

S. 93(1) amended by No. 23/2014 s. 11(2).

(1) If the parties agree to settle a proceeding or any part of it at any time, the Tribunal may make any orders necessary to give effect to the settlement.

(2) The Tribunal's power to make an order under subsection (1) is exercisable by any member including, if the settlement is achieved through mediation conducted by a member, that member.

S. 93(3) amended by No. 23/2014 s. 11(2).

(3) If the parties agree to settle a proceeding or any part of it at a compulsory conference at which the principal registrar is presiding, the principal registrar may exercise the Tribunal's power to make orders under subsection (1).

S. 93(4) inserted by No. 15/2018 s. 65.

(4) If the parties agree to settle a proceeding or any part of it at a compulsory conference at which a person nominated under section 83(1)(c) or clause 52(3) of Schedule 1 is presiding—

(a) the Tribunal may make any orders under subsection (1); or

(b) the principal registrar may exercise the Tribunal's power to make any orders under subsection (1).

S. 93A inserted by No. 62/2014 s. 32.

93A Party may object to mediator hearing the proceeding

(1) This section applies in a proceeding that has been the subject of unsuccessful mediation by a mediator who is a member of the Tribunal.

(2) If it is proposed that the mediator constitute the Tribunal (whether with or without others) for the purpose of hearing the proceeding, the Tribunal must notify each party to the proceeding of the party's right to object.

(3) A party to the proceeding may object to the mediator constituting the Tribunal (whether with or without others) for the purpose of hearing the proceeding.

(4) The objection must be made to the Tribunal before or at the commencement of the hearing.

(5) If an objection is made, the mediator must take no part, or no further part, in the proceeding and, if necessary, the Tribunal must be reconstituted.

Pt 4 Div. 5A (Heading and ss 93B–93I) inserted by No. 6/2025 s. 178.

Division 5A—RDRV and RDRV proceedings

S. 93B inserted by No. 6/2025 s. 178.

93B Application of this Division

(1) This Division applies to RDRV proceedings.

(2) This Division is in addition to, and does not limit, the procedures in Division 5.

S. 93C inserted by No. 6/2025 s. 178.

93C Objects of this Division

The objects of this Division are to provide for effective and prompt mechanisms for resolving disputes by use of ADR by RDRV for RDRV proceedings for applications under the Residential Tenancies Act 1997.

S. 93D inserted by No. 6/2025 s. 178.

93D RDRV proceedings

(1) If the Tribunal or the principal registrar considers that an application under the Residential Tenancies Act 1997 or any part of it is suitable to be dealt with as an RDRV proceeding, the Tribunal or the principal registrar may refer the application or any part of it to be dealt with as an RDRV proceeding to be resolved by a person nominated by the Tribunal or principal registrar (as the case requires) by ADR.

(2) A referral may be made under subsection (1) with or without the consent of the applicants or parties.

(3) The principal registrar must give notice of the referral to each applicant or party in accordance with the rules.

(4) An applicant or a party must pay the prescribed fee (if any) for an RDRV proceeding, whether or not the applicant or party consented to the referral.

(5) The person conducting the RDRV proceeding may refuse to continue with the proceeding if the fee payable under subsection (4) has not been paid.

(6) Subject to this Act and the rules, the procedure for an RDRV proceeding is at the discretion of the person conducting it.

S. 93E inserted by No. 6/2025 s. 178.

93E Personal attendance may be required at RDRV proceedings

The Tribunal or principal registrar who refers an application under the Residential Tenancies Act 1997 or any part of it to be dealt with as an RDRV proceeding may require a party to attend the proceeding, either—

(a) personally; or

(b) by a representative who has authority to settle the proceeding or part of it on behalf of the party.

S. 93F inserted by No. 6/2025 s. 178.

93F What happens if RDRV proceeding is successful?

If the parties agree to settle an RDRV proceeding or any part of it, the person conducting the RDRV proceeding must notify the principal registrar that the parties have agreed to settle, unless the principal registrar is the person conducting the RDRV proceeding.

S. 93G inserted by No. 6/2025 s. 178.

93G What happens if RDRV proceeding is unsuccessful?

If the person conducting the RDRV proceeding has attempted unsuccessfully to settle the proceeding or any part of it, the person must notify the principal registrar that the RDRV proceeding has been unsuccessful, unless the principal registrar is the person conducting the RDRV proceeding.

S. 93H inserted by No. 6/2025 s. 178.

93H Evidence inadmissible

Evidence of anything said or done in the course of ADR for an RDRV proceeding is not admissible in any subsequent hearing before the Tribunal in the proceeding to which the application under the Residential Tenancies Act 1997 relates, unless all parties agree to the giving of the evidence.

S. 93I inserted by No. 6/2025 s. 178.

93I Settlement of RDRV proceeding

(1) If the parties agree to settle the RDRV proceeding or any part of it at any time, the Tribunal may make any orders necessary to give effect to the settlement.

(2) The Tribunal's power to make an order under subsection (1) is exercisable by any member.

(3) If the parties agree to settle an RDRV proceeding or any part of an RDRV proceeding at which the principal registrar is presiding, the principal registrar may exercise the Tribunal's power to make any orders under subsection (1).

Division 6—Referral to experts

S. 94 substituted by No. 23/2014 s. 12.

94 Expert witnesses and expert evidence

Schedule 3, which deals with expert witnesses and expert evidence, has effect.

95 Special referees

(1) The Tribunal may refer any question arising in a proceeding to a special referee for the special referee—

(a) to decide the question; or

S. 95(1)(b) amended by No. 6/2025 s. 179(1).

(b) to give the special referee's opinion with respect to it.

(2) The parties are responsible for any costs of a special referee, and are to pay those costs in the proportions determined by the Tribunal.

S. 95(3) inserted by No. 6/2025 s. 179(2).

(3) This section does not apply to any RDRV proceeding.

96 Referral of questions of law to Court

(1) The Tribunal, with the consent of the President, may refer any question of law arising in a proceeding to the Trial Division of the Supreme Court or the Court of Appeal for decision.

(2) A referral may be made under subsection (1) on the application of a party or on the Tribunal's own initiative.

(3) If a question of law has been referred to the Trial Division or the Court of Appeal, the Tribunal must not—

(a) make a determination to which the question is relevant while the referral is pending; or

(b) proceed in a manner or make a determination that is inconsistent with the opinion of the Trial Division or Court of Appeal on the question.

Division 7—Hearings

97 Tribunal must act fairly

The Tribunal must act fairly and according to the substantial merits of the case in all proceedings.

98 General procedure

(1) The Tribunal—

(a) is bound by the rules of natural justice;

(b) is not bound by the rules of evidence or any practices or procedures applicable to courts of record, except to the extent that it adopts those rules, practices or procedures;

(c) may inform itself on any matter as it sees fit;

(d) must conduct each proceeding with as little formality and technicality, and determine each proceeding with as much speed, as the requirements of this Act and the enabling enactment and a proper consideration of the matters before it permit.

(2) Without limiting subsection (1)(b), the Tribunal may admit into evidence the contents of any document despite the non-compliance with any time limit or other requirement specified in the rules in relation to that document or service of it.

S. 98(2A) inserted by No. 62/2014 s. 33.

(2A) Without limiting subsection (1), at the hearing of a proceeding the Tribunal may admit into evidence any material put before the Tribunal at an earlier stage of the proceeding, or any material put before the Tribunal in another proceeding, if the Tribunal considers it desirable to do so.

S. 98(2B) inserted by No. 62/2014 s. 33.

(2B) Subsection (2A) is subject to any other provision of this Act, an enabling enactment or any other law that provides that evidence or material is not admissible in a proceeding.

Section 85 provides that evidence of anything said or done in the course of a compulsory conference is not admissible except in certain circumstances.

(3) Subject to this Act, the regulations and the rules, the Tribunal may regulate its own procedure.

(4) Subsection (1)(a) does not apply to the extent that this Act or an enabling enactment authorises, whether expressly or by implication, a departure from the rules of natural justice.

99 Notice of hearings

(1) The principal registrar must give notice, in accordance with the rules, of the time and place for the hearing of a proceeding to—

(a) each party to the proceeding; and

(b) each other person entitled to notice of the proceeding or hearing under this Act, the enabling enactment or the rules; and

(c) any other person that the Tribunal directs be given notice of the hearing.

(2) If a person, including a party, to whom notice has been given in accordance with the rules fails to attend, the hearing may be held in the absence of that person.

S. 99(3) inserted by No. 11/2021 s. 57.

(3) In this section, the place for the hearing of a proceeding includes the hearing of a proceeding by audio link or audio visual link.

100 Method of conducting hearings

(1) If the Tribunal thinks it appropriate, it may conduct all or part of a proceeding by means of a conference conducted using telephones, video links or any other system of telecommunication.

S. 100(2) substituted by No. 11/2021 s. 58.

(2) The Tribunal may conduct all or part of a proceeding entirely on the basis of documents, without the appearance of the parties or their representatives or witnesses, unless a party objects to all or part of the proceeding being conducted in this manner.

S. 100(3) inserted by No. 11/2021 s. 58.

(3) The Tribunal may conduct all or part of a proceeding (other than a prescribed proceeding or a prescribed class of proceeding) entirely on the basis of documents, without the appearance of the parties or their representatives or witnesses, if—

(a) a party objects to all or part of the proceeding being conducted in this manner; and

(b) the Tribunal is satisfied that the objection is not reasonable.

S. 100(4) inserted by No. 6/2025 s. 180.

(4) Subsections (2) and (3) do not apply to any RDRV proceeding.

Note to s. 100 inserted by No. 58/2013 s. 59.

The Open Courts Act 2013 governs suppression orders and closed tribunal orders generally in relation to the Tribunal.

S. 101 amended by No. 51/2000 s. 23,
repealed by No. 58/2013 s. 60.

102 Evidence

(1) The Tribunal must allow a party a reasonable opportunity—

(a) to call or give evidence; and

(b) to examine, cross-examine or re-examine witnesses; and

(c) to make submissions to the Tribunal.

(2) Despite subsection (1), the Tribunal may refuse to allow a party to call evidence on a matter if the Tribunal considers that there is already sufficient evidence of that matter before the Tribunal.

(3) Evidence in a proceeding—

(a) may be given orally or in writing; and

S. 102(3)(b) amended by No. 6/2018 s. 68(Sch. 2 item 132.1).

(b) if the Tribunal requires, must be given on oath or by affirmation or by affidavit.

S. 102(4) amended by No. 6/2018 s. 68(Sch. 2 item 132.2).

(4) A member of the Tribunal may administer or cause to be administered an oath or affirmation or take or cause to be taken an affirmation for the purpose of taking and receiving evidence at a hearing.

S. 102(5) inserted by No. 6/2025 s. 181.

(5) This section does not apply to any RDRV proceeding.

103 Authorisation of person to take evidence

(1) The Tribunal may authorise, in writing, a person (whether or not a member of the Tribunal) to take evidence on behalf of the Tribunal for the purposes of any proceeding.

(2) The Tribunal's power under subsection (1) to authorise the taking of evidence is exercisable only by a presidential member.

(3) A person may take evidence under this section outside Victoria if the Tribunal so authorises.

(4) The Tribunal may give directions as to the taking of evidence under this section.

(5) If a person other than a member of the Tribunal is authorised to take evidence—

(a) the person has all the powers of a member of the Tribunal in relation to the taking of evidence; and

(b) section 135 (failing to give evidence) applies as if the person were the presiding member of the Tribunal.

(6) Evidence taken under this section—

(a) is deemed to be evidence given to the Tribunal; and

(b) in the case of evidence taken outside Victoria, is deemed to have been given in Victoria.

104 Witness summons

(1) The principal registrar—

(a) may; and

(b) if directed by the Tribunal, must—

issue a summons to a person to attend the Tribunal to give evidence and produce any documents that are referred to in the summons[5].

(2) A summons may be issued, or a direction given, under subsection (1) at the request of a party or on the principal registrar's or Tribunal's own initiative.

(3) The Tribunal's power to make a direction under subsection (1)(b) in a proceeding is exercisable by a presidential member or the presiding member.

S. 104(3A) inserted by No. 11/2021 s. 59.

(3A) A person who receives a summons to produce documents may produce the documents by filing them with the Tribunal by electronic communication or by post.

S. 104(3B) inserted by No. 11/2021 s. 59.

(3B) A person who receives a summons to physically attend the Tribunal under subsection (1) may instead appear before the Tribunal by audio link or audio visual link.

(4) A person who attends in answer to a summons is entitled to be paid the prescribed fees and allowances or, if no fees and allowances are prescribed, the fees and allowances (if any) determined by the Tribunal.

(5) The fees and allowances are to be paid—

(a) if the person was summoned at the request of a party, by that party; or

(b) if the person was summoned on the initiative of the Tribunal, by the parties in the proportion determined by the Tribunal.

105 Rule against self-incrimination does not apply

(1) A person is not excused from answering a question or producing a document in a proceeding on the ground that the answer or document might tend to incriminate the person.

(2) If the person claims, before answering a question or producing a document, that the answer or document might tend to incriminate them, the answer or document is not admissible in evidence in any criminal proceedings, other than in proceedings in respect of the falsity of the answer.

106 Other claims of privilege

(1) Except as provided by section 80(3) or 105, a person is excused from answering a question or producing a document in a proceeding if the person could not be compelled to answer the question or produce the document in proceedings in the Supreme Court.

(2) The Tribunal may require a person to produce a document to it for the purpose of determining whether or not it is a document that the Tribunal has power to compel the person to produce.

107 Dealing with questions of law

S. 107(1) amended by No. 17/2014 s. 160(Sch. 2 item 105.6(a)).

(1) A question of law arising in a proceeding must be decided by a judicial member or a member who is an Australian lawyer.

S. 107(2) amended by No. 17/2014 s. 160(Sch. 2 item 105.6(b)).

(2) If the Tribunal is constituted in a proceeding by more than one judicial member or Australian lawyer (or both), a question of law arising in the proceeding must be decided by the presiding member.

S. 107(3) amended by No. 17/2014 s. 160(Sch. 2 item 105.6(c)(i)).

(3) If a question of law arises in a proceeding where the Tribunal is constituted by a member or members who are not judicial members or Australian lawyers—

S. 107(3)(a) amended by No. 17/2014 s. 160(Sch. 2 item 105.6(c)(ii)).

(a) the question must be decided by another member who is a judicial member or Australian lawyer; and

(b) for that purpose only, the Tribunal in the proceeding is to be reconstituted to include that other member.

(4) In this section, question of law includes a question of mixed law and fact.

S. 108 amended by No. 14/2006 s. 25, substituted by No. 23/2014 s. 13.

108 Reconstitution of Tribunal

(1) At any time before the conclusion of the hearing of a proceeding—

(a) a party may apply to the Tribunal for the reconstitution of the Tribunal for the purposes of the proceeding; or

(b) the President or a member of the Tribunal as presently constituted may give notice to the parties that the President or member seeks the reconstitution of the Tribunal for the purposes of the proceeding.

(2) If an application is made under subsection (1)(a) or notice is given under subsection (1)(b)—

(a) a presidential member, after allowing the parties to make submissions, may decide that the Tribunal should be reconstituted; and

(b) if so, the President must reconstitute the Tribunal.

(3) If the Tribunal is reconstituted for the purposes of a proceeding, the reconstituted Tribunal may have regard to any record of the proceeding in the Tribunal as previously constituted, including a record of any evidence taken in the proceeding.

Division 8—Costs

109 Power to award costs

(1) Subject to this Division, each party is to bear their own costs in the proceeding.

(2) At any time, the Tribunal may order that a party pay all or a specified part of the costs of another party in a proceeding.

(3) The Tribunal may make an order under subsection (2) only if satisfied that it is fair to do so, having regard to—

(a) whether a party has conducted the proceeding in a way that unnecessarily disadvantaged another party to the proceeding by conduct such as—

(i) failing to comply with an order or direction of the Tribunal without reasonable excuse;

(ii) failing to comply with this Act, the regulations, the rules or an enabling enactment;

(iii) asking for an adjournment as a result of (i) or (ii);

(iv) causing an adjournment;

(v) attempting to deceive another party or the Tribunal;

(vi) vexatiously conducting the proceeding;

(b) whether a party has been responsible for prolonging unreasonably the time taken to complete the proceeding;

(c) the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law;

(d) the nature and complexity of the proceeding;

(e) any other matter the Tribunal considers relevant.

(4) If the Tribunal considers that the representative of a party, rather than the party, is responsible for conduct described in subsection (3)(a) or (b), the Tribunal may order that the representative in his or her own capacity compensate another party for any costs incurred unnecessarily.

(5) Before making an order under subsection (4), the Tribunal must give the representative a reasonable opportunity to be heard.

(6) If the Tribunal makes an order for costs before the end of a proceeding, the Tribunal may require that the order be complied with before it continues with the proceeding.

S. 109(7) inserted by No. 62/2014 s. 34.

(7) A power of the Tribunal under this section is exercisable by any member.

Note to s. 109 inserted by No. 78/2008 s. 18.

See section 17D(1)(b) to (d) of the Supreme Court Act 1986.

110 Costs of intervention

(1) The Tribunal may order that a person given leave to intervene in a proceeding pay an amount specified by the Tribunal to a party as compensation for all or part of the costs reasonably incurred by the party as a result of the intervention.

(2) If the Attorney-General or Director intervenes in a proceeding, the Tribunal may order that the State pay an amount specified by the Tribunal to a party as compensation for all or part of the costs reasonably incurred by the party as a result of the intervention.

S. 111 amended by No. 51/2000 s. 24, substituted by No. 78/2008 s. 19.

111 Amount of costs

If the Tribunal makes an order for costs, the Tribunal—

(a) may fix the amount of costs itself; or

(b) may order that costs be assessed, settled, taxed or reviewed by the Costs Court.

See section 146 of the Supreme Court Act 1986 which deals with transitional matters relating to the Costs Court.

112 Presumption of order for costs if settlement offer is rejected

(1) This section applies if—

(a) a party to a proceeding (other than a proceeding for review of a decision) gives another party an offer in writing to settle the proceeding; and

(b) the other party does not accept the offer within the time the offer is open; and

(c) the offer complies with sections 113 and 114; and

(d) in the opinion of the Tribunal, the orders made by the Tribunal in the proceeding are not more favourable to the other party than the offer.

(2) If this section applies and unless the Tribunal orders otherwise, a party who made an offer referred to in subsection (1)(a) is entitled to an order that the party who did not accept the offer pay all costs incurred by the offering party after the offer was made.

(3) In determining whether its orders are or are not more favourable to a party than an offer, the Tribunal—

(a) must take into account any costs it would have ordered on the date the offer was made; and

(b) must disregard any interest or costs it ordered in respect of any period after the date the offer was received.

S. 112(4) inserted by No. 6/2025 s. 182.

(4) This section does not apply to any RDRV proceeding or settlement by ADR at RDRV.

113 Provisions regarding settlement offers

(1) An offer may be made—

(a) with prejudice, meaning that any party may refer to the offer, or to any terms of the offer, at any time during the proceeding; or

(b) without prejudice, meaning that the Tribunal is not able to be told of the making of the offer until after it has made its orders in respect of the matters in dispute in the proceeding (other than orders in respect of costs).

(2) If an offer does not specify whether it is made with or without prejudice, it is to be treated as if it had been made without prejudice.

(3) A party may serve more than one offer.

(4) If an offer provides for the payment of money, the offer must specify when that money is to be paid.

S. 113(5) inserted by No. 6/2025 s. 183.

(5) This section does not apply to any RDRV proceeding or settlement by ADR at RDRV.

114 Provisions concerning the acceptance of settlement offers

(1) An offer must be open for acceptance until immediately before the Tribunal makes its orders on the matters in dispute, or until the expiry of a specified period after the offer is made, whichever is the shorter period.

(2) The minimum period that can be specified is 14 days.

(3) An offer cannot be withdrawn while it is open for acceptance without the permission of the Tribunal.

(4) In deciding whether to give permission, the Tribunal may examine the offer, even if it was made without prejudice.

(5) If the offer was made without prejudice, a member of the tribunal who examines it for the purposes of subsection (4) can take no further part in the proceeding after determining whether or not to give permission.

(6) A party can only accept an offer by giving the party who made it a signed notice of acceptance.

(7) A party may accept an offer even though it has made a counter-offer.

S. 114(8) inserted by No. 6/2025 s. 184.

(8) This section does not apply to any RDRV proceeding or settlement by ADR at RDRV.

S. 115 amended by No. 6/2025 s. 185 (ILA s. 39B(1)).

115 Consequences if accepted offer is not complied with

(1) If an offer is accepted, but the party who made the offer does not comply with its terms, the Tribunal, at the request of the party who accepted the offer, may—

(a) make an order giving effect to the terms of the offer; or

(b) if the party making the offer was the applicant—

(i) dismiss the proceeding; or

(ii) if the party who accepted the offer made a counterclaim before the offer was made, make an order awarding the party any or all of the things asked for in the counterclaim; or

(c) if the party who accepted the offer is the applicant, make an order awarding the applicant any or all of the things asked for in the application.

S. 115(2) inserted by No. 6/2025 s. 185.

(2) This section does not apply to any RDRV proceeding or settlement by ADR at RDRV.

Pt 4 Div. 8A (Heading and ss 115A–115D) inserted by No. 23/2014 s. 14.

Division 8A—Reimbursement of fees

S. 115A inserted by No. 23/2014 s. 14.