9Referral to Director

9 Referral to Director (1) The Tribunal may request the Director to investigate any matter that arises in a proceeding under a credit enactment. (2) If a request is made under subclause (1)— (a) the Director may; or (b) if the Minister administering the credit enactment so determines, the Director must— investigate the matter and, if he or she does so, must report on the investigation to the Tribunal. 10 Any member of Tribunal may make a declaration Despite anything to the contrary in section 124, a declaration may be made in a proceeding under a credit enactment by the Tribunal constituted by any member. 11 Reasons must be requested at time of decision Despite anything to the contrary in section 117(2), the Tribunal is not obliged to give a person written reasons for an order made in a proceeding under a credit enactment unless the person has made a request to the Tribunal for written reasons for orders that may be made in the proceeding before or at the time of the giving or notification of the Tribunal's decision in the proceeding. Sch. 1 Pt 5AA (Heading and cls 11AA–11AI) inserted by No. 23/2006 s. 231 (as amended by No. 25/2007 s. 34(2)). Part 5AA—Disability Act 2006 Sch. 1 cl. 11AA inserted by No. 23/2006 s. 231 (as amended by No. 25/2007 s. 34(2)). 11AA Application of provisions (1) Clauses 11AB to 11AF apply in respect of any proceeding under the **Disability Act 2006**. (2) Clauses 11AG to 11AI apply in respect of any proceeding under Division 5 of Part 8 of the **Disability Act 2006**. Sch. 1 cl. 11AA(3) inserted by No. 22/2012 s. 87(1). (3) Clause 11AIA applies in relation to any proceeding on an application under section 199A of the **Disability Act 2006**. Sch. 1 cl. 11AB inserted by 11AB Representation Despite section 62(1)(b), a party to any proceeding under the **Disability Act 2006** may be represented by a professional advocate. Sch. 1 cl. 11AC inserted by 11AC Appointment of litigation guardian If a party to any proceeding under the **Disability Act 2006** is a person with a disability, the Tribunal may appoint a litigation guardian, in accordance with the rules, to conduct the proceeding on behalf of the person with a disability. Sch. 1 cl. 11AD inserted by 11AD Fees Despite section 68, no fee is payable in respect of an application under the **Disability Act 2006**. Sch. 1 cl. 11AE inserted by No. 23/2006 s. 231, substituted by No. 22/2012 s. 87(2). 11AE Commencement The Tribunal must commence the hearing of a proceeding on an application under the **Disability Act 2006** within— (a) in the case of an application under section 199A of that Act, 5 business days of the application being lodged with the Tribunal; or (b) in any other case, 30 days of the application being lodged with the Tribunal. Sch. 1 cl. 11AF inserted by No. 23/2006 s. 231, substituted by No. 23/2014 s. 21(1). 11AF Costs of Tribunal appointed experts Despite clause 7(5) of Schedule 3, a person with a disability is not responsible for the costs of a Tribunal appointed expert under clause 7 of that Schedule. Sch. 1 cl. 11AG inserted by 11AG Personal attendance The person with an intellectual disability must personally attend the proceeding unless the Tribunal orders that it would be detrimental to the health or well-being of the person to personally attend. Sch. 1 cl. 11AH inserted by No. 23/2006 s. 231, repealed by No. 58/2013 s. 63. Sch. 1 cl. 11AI inserted by 11AI Restriction on access to information Despite anything to the contrary in this Act, the Tribunal may order that the person with an intellectual disability not hear any particular evidence or be permitted to inspect a submission or other document if the Tribunal is of the opinion that it is necessary to do to prevent— (a) serious harm to the health or well-being of the person with an intellectual disability; or (b) exposing another person to a risk of serious harm; or (c) the unreasonable disclosure of information relating to the personal affairs of any other person; or (d) the disclosure of information given in confidence. Sch. 1 cl. 11AIA inserted by No. 22/2012 s. 87(3). 11AIA Application for review of assessment order (1) Section 49(2) does not apply to an application under section 199A of the **Disability Act 2006**. (2) If an application is made under section 199A of the **Disability Act 2006**, the copies required to be lodged under section 49(1) must be lodged within one business day after the Senior Practitioner receives notice of the application. Sch. 1 Pt 5AB (Heading and cls 11AIB–11AIE) inserted by No. 21/2019 s. 21. Part 5AB—Essential Services Commission Act 2001 cl. 11AIB 11AIB Definition ***Commission*** means the Essential Services Commission established under section 7 of the **Essential Services Commission Act 2001**. cl. 11AIC 11AIC Application of Part This Part applies to a proceeding for review of a requirement, decision or determination of the Commission under the **Essential Services Commission Act 2001**. cl. 11AID 11AID Evidence before Tribunal (1) This clause applies despite anything to the contrary in Part 3 or 4. (2) In a proceeding, the Tribunal must only consider as evidence— (a) the facts and materials that were in the possession of the Commission at the time the requirement, decision or determination that is the subject of the proceeding was made; and (b) the facts and materials that explain or relate to the processes of the Commission leading to its requirement, decision or determination that is the subject of the proceeding. (3) Despite subclause (2), the Tribunal may, allow the applicant or the Commission to place before it, for consideration as evidence, facts and materials not referred to in subclause (2)(a) or (b) if the applicant or Commission satisfies the Tribunal that the facts and materials— (a) are materially relevant to the proceeding; and (b) could not have been placed before the Commission before the time the requirement, decision or determination that is the subject of the proceeding was made. cl. 11AIE 11AIE Functions of Tribunal on review limited Despite section 51(2), in determining a proceeding, the Tribunal may only make an order in accordance with section 56 of the **Essential Services Commission Act 2001**. Sch. 1 Pt 5AAB (Heading and cl. 11AJ) inserted by No. 13/2010 s. 50. Part 5AAB—Health Practitioner Regulation National Law (Victoria) cl. 11AJ inserted by No. 13/2010 s. 50. 11AJ Constitution of Tribunal for hearings The Tribunal is to be constituted for the purposes of making a final determination under Part 8 of the Health Practitioner Regulation National Law (Victoria) by at least 3 members, of whom at least 2 must be health practitioners with professional qualifications in the health profession regulated by the National Board that is a party to the proceedings. Sch. 1 Pt 5A (Heading and cl. 11A) inserted by No. 97/2005 s. 181.