Section 1 - Victorian Civil and Administrative Tribunal (Fees) Regulations 2016 - Victorian Civil and Administrative Tribunal (Fees) Regulations 2016

1Victorian Civil and Administrative Tribunal (Fees) Regulations 2016

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Version No. 007

Victorian Civil and Administrative Tribunal (Fees) Regulations 2016

S.R. No. 75/2016

Version incorporating amendments as at
31 March 2021

TABLE OF PROVISIONS

Regulation Page

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Revocation 2

5 Definitions 2

6 Complex case 4

7 Major case 5

8 Fees 5

9 Proceeding commenced under more than one enactment 7

10 Time for payment of hearing fee 7

11 Inspection of register of proceedings 7

12 Principal registrar's certificate 8

13 Inspection of proceeding files 8

14 Fee for issue of a witness summons 8

15 Reduction, waiver, postponement, remission or refund of fees 8

16 Transitional provisions—proceedings commenced before 1 July 2016 9

17 Transitional provision—proceedings in the Major Cases List commenced before 1 July 2020 10

Schedule 1—Fees 11

═══════════════

Endnotes 25

1 General information 25

2 Table of Amendments 27

3 Amendments Not in Operation 28

4 Explanatory details 29

Version No. 007

Victorian Civil and Administrative Tribunal (Fees) Regulations 2016

S.R. No. 75/2016

Version incorporating amendments as at
31 March 2021

1 Objectives

The objectives of these Regulations are to prescribe—

(a) fees payable for the commencement and hearing of proceedings in the Victorian Civil and Administrative Tribunal; and

(b) fees payable for—

(i) the issuing of warrants and witness summonses; and

(ii) inspection of the register; and

(iii) the provision of ancillary services by the Victorian Civil and Administrative Tribunal; and

2 Authorising provision

These Regulations are made under section 161 of the Victorian Civil and Administrative Tribunal Act 1998.

Column 1<br>Item No.

Column 2<br>Enactment

Column 3<br>Fee payable

Part 1—Fee for commencement of a proceeding

No fee is payable for the commencement of a proceeding under the following enabling enactments or provisions of enabling enactments—

Assisted Reproductive Treatment Act 2008

Children, Youth and Families Act 2005

Disability Act 2006, except section 45

Equal Opportunity Act 2010, except section 89(5)(a)

Freedom of Information Act 1982, applications under section 50 if—

(a) the application is for the review of a deemed decision under section 49J or 53 refusing to grant access to a document; or

(b) the applicant is a natural person and the document to which access is sought contains information relating to the applicant's personal affairs

Gender Equality Act 2020

Guardianship and Administration Act 1986

Health Records Act 2001

Medical Treatment Planning and Decisions Act 2016

Mental Health Act 2014

Powers of Attorney Act 2014

Privacy and Data Protection Act 2014

Public Health and Wellbeing Act 2008, sections 122 and 204

Racial and Religious Tolerance Act 2001

Residential Tenancies Act 1997, Part 10 and Part 12A

Supported Residential Services (Private Proprietors) Act 2010, sections 105 and 121.

Voluntary Assisted Dying Act 2017

For the commencement of a proceeding under the following enabling enactments—

Landlord and Tenant Act 1958, Part V

Motor Car Traders Act 1986, section 45

Residential Tenancies Act 1997, except Part 10 and Part 12A

Supported Residential Services (Private Proprietors) Act 2010, section 123

6·3 fee units.

For the commencement of a proceeding under the following enabling enactments—

Building Act 1993, except sections 25J and 186, Division 12 of Part 12A, section 187ZI and clause 10(3) and (4) of Schedule 7

Company Titles (Home Units) Act 2013

Domestic Building Contracts Act 1995, sections 45F, 46E, 63, 65, 66, 67 and 67A

Estate Agents Act 1980, sections 56A(4) and 56B(1)

House Contracts Guarantee Act 1987

Housing Act 1983

Owner Drivers and Forestry Contractors Act 2005

Retirement Villages Act 1986

Retirement Villages (Contractual Arrangements) Regulations 2017

Sale of Land Act 1962

Subdivision Act 1988, Part 5

Water Act 1989, section 19

47 fee units.

For the commencement of a proceeding under the following enabling enactments—

Accident Compensation Act 1985

Accident Towing Services Act 2007

Accident Towing Services Regulations 2019

Adoption Act 1984, section 129A

Agricultural and Veterinary Chemicals (Control of Use) Act 1992

Architects Act 1991

Associations Incorporation Reform Act 2012

Back to Work Act 2015

Biological Control Act 1986

Births, Deaths and Marriages Registration Act 1996

Building Act 1993, sections 25J and 186, Division 12 of Part 12A, section 187ZI and clause 10(3) and (4) of Schedule 7

Bus Safety Act 2009

Business Licensing Authority Act 1998

Cemeteries and Crematoria Act 2003

Children's Services Act 1996

Commercial Passenger Vehicle Industry Act 2017

Conveyancers Act 2006, sections 33, 34, 146 and 187

Co‑operatives National Law (Victoria)

Country Fire Authority Act 1958

Dairy Act 2000

Dangerous Goods Act 1985

Disability Act 2006, section 45

Disability Service Safeguards Act 2018

Domestic Animals Act 1994

Drugs, Poisons and Controlled Substances Act 1981

Education and Care Services National Law (Victoria)

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

Electoral Act 2002

Electricity Safety Act 1998

Emergency Management Act 1986

Emergency Services Superannuation Act 1986

Equal Opportunity Act 2010, section 89(5)(a)

Equipment (Public Safety) Act 1994

Essential Services Commission Act 2001

Estate Agents Act 1980, except sections 56A(4) and 56B(1)

Firearms Act 1996, section 182

Fisheries Act 1995

Freedom of Information Act 1982, except applications under section 50 if—

(a) the application is for the review of a deemed decision under section 49J or 53 refusing to grant access to a document; or

(b) the applicant is a natural person and the document to which access is sought contains information relating to the applicant's personal affairs

Fundraising Act 1998

Gas Safety Act 1997

Health Practitioner Regulation National Law (Victoria) Act 2009

Health Practitioner Regulation National Law (Victoria)

Health Services Act 1988, sections 57C and 110

Labour Hire Licensing Act 2018

Liquor Control Reform Act 1998

Livestock Disease Control Act 1994

Local Government Act 1989, except sections 183, 185 and 185AA

Long Service Benefits Portability Act 2018

Major Events Act 2009

Meat Industry Act 1993, section 24

Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020

Metropolitan Fire Brigades Act 1958

Motor Car Traders Act 1986, except section 45

Occupational Health and Safety Act 2004

Owners Corporations Act 2006, section 191

Parliamentary Salaries and Superannuation Act 1968

Pharmacy Regulation Act 2010, section 62

Pipelines Act 2005, sections 64, 83 and 182

Prevention of Cruelty to Animals Act 1986, section 33

Private Security Act 2004, Part 7

Professional Boxing and Combat Sports Act 1985

Professional Engineers Registration Act 2019

Property Law Act 1958, Part IV

Public Health and Wellbeing Act 2008, section 207

Racing Act 1958

Rail Safety (Local Operations) Act 2006, Part 7

Rail Safety National Law (Victoria)

Relationships Act 2008, Part 2.4 of Chapter 2

Road Management Act 2004

Road Management (General) Regulations 2016

Road Safety Act 1986

Road Safety (Vehicles) Regulations 2009, regulations 128 and 215

Seafood Safety Act 2003

Second-Hand Dealers and Pawnbrokers Act 1989, sections 9B, 14 and 18A

Sentencing Act 1991, section 105L

Service Victoria Act 2018

Sex Work Act 1994

Small Business Commission Act 2017, section 13

State Employees Retirement Benefits Act 1979

State Superannuation Act 1988

Superannuation (Portability) Act 1989

Supported Residential Services (Private Proprietors) Act 2010, section 206

Surveying Act 2004, section 33

taxing Act

Therapeutic Goods (Victoria) Act 2010, section 30

Transport Accident Act 1986

Transport (Compliance and Miscellaneous) Act 1983

Transport Superannuation Act 1988

Veterinary Practice Act 1997, section 55

Vexatious Proceedings Act 2014

Victims of Crime Assistance Act 1996

Victoria State Emergency Service Act 2005

Victoria State Emergency Service Regulations 2006

Victorian Plantations Corporation Act 1993

Wildlife Act 1975

Worker Screening Act 2020

Workplace Injury Rehabilitation and Compensation Act 2013

64 fee units.

For the commencement of a proceeding under the following enabling enactments—

Aboriginal Heritage Act 2006

Catchment and Land Protection Act 1994, section 48

Climate Change Act 2010

Conservation, Forests and Lands Act 1987, section 76

Education and Training Reform Act 2006, except Division 14 of Part 2.6 and Part 4.8

Flora and Fauna Guarantee Act 1988

Gambling Regulation Act 2003

Health Services Act 1988, section 67

Heritage Act 1995

Land Acquisition and Compensation Act 1986

Legal Profession Uniform Law Application Act 2014, section 91

Legal Profession Uniform Law (Victoria)

Local Government Act 1989, sections 183, 185 and 185AA

Petroleum Act 1998

Pipelines Act 2005, section 154

Plant Biosecurity Act 2010, section 59

Major Transport Projects Facilitation Act 2009

Mineral Resources (Sustainable Development) Act 1990

Subdivision Act 1988, except Part 5

Traditional Owner Settlement Act 2010

Urban Renewal Authority Victoria Act 2003

Valuation of Land Act 1960

Water Act 1989, except section 19

84 fee units.

For the commencement of a proceeding under—

(a) the Australian Consumer Law and Fair Trading Act 2012, except a proceeding allocated to the residential tenancies division;

(b) the Domestic Building Contracts Act 1995, except a proceeding under sections 45F, 46E, 63, 65, 66, 67 and 67A

if the claim is—

(d) for a sum that is specified, but is not more than $3000

6·3 fee units

(e) for a sum that is more than $3000 but not more than $15 000

21 fee units

(f) not for a sum, or is for a sum that is—

(i) not specified; or

(ii) more than $15 000 but not more than $100 000

47 fee units

(g) for a sum that is more than $100 000 but not more than $500 000

77 fee units

(h) for a sum that is more than $500 000 but not more than $1 million

105 fee units

(i) for a sum that is more than $1 million but not more than $5 million

133 fee units

(j) for a sum that is more than $5 million

161 fee units.

For the commencement of a proceeding under the Australian Consumer Law and Fair Trading Act 2012, if the proceeding is allocated to the residential tenancies division and the claim is—

(a) for a sum that is not more than $15 000 or not for a sum

6·3 fee units

(b) for a sum that is not specified or is more than $15 000

21 fee units.

For the commencement of a proceeding under the Retail Leases Act 2003, if the claim is—

(a) for a sum that is not specified or is not more than $100 000 or not for a sum

47 fee units

(b) for a sum that is more than $100 000 but not more than $500 000

77 fee units

105 fee units

(d) for a sum that is more than $1 million but not more than $5 million

133 fee units

(e) for a sum that is more than $5 million

161 fee units.

For the commencement of a proceeding under the Owners Corporations Act 2006, except section 191, if the claim is—

(a) not for a sum, or is for a sum that is specified, but is not more than $3000

6·3 fee units

(b) for a sum that is more than $3000 but not more than $15 000

21 fee units

47 fee units

(d) for a sum that is more than $100 000 but not more than $500 000

77 fee units

(e) for a sum that is more than $500 000 but not more than $1 million

105 fee units

(f) for a sum that is more than $1 million but not more than $5 million

133 fee units

(g) for a sum that is more than $5 million

161 fee units.

10.

For the commencement of a proceeding under section 77 or 79 of the Planning and Environment Act 1987 if the proceeding is not a major case and relates to—

(a) a VicSmart proceeding or a development that is solely a single dwelling

84 fee units

(b) a development of a kind not referred to in paragraph (a) having an estimated cost of—

(i) nil

111 fee units

(ii) more than nil but is not more than $1 million

94 fee units

(iii) more than $1 million but is not more than $5 million

111 fee units

(iv) more than $5 million but is not more than $15 million

139 fee units

(v) more than $15 million but is not more than $50 million

167 fee units

(vi) more than $50 million or is not specified

195 fee units.

11.

For the commencement of a proceeding under the Planning and Environment Act 1987, sections 87, 89 or 93

17 fee units.

12.

For the commencement of a proceeding that is a major case, if the proceeding relates to a development having an estimated cost of—

(a) nil

223 fee units

(b) more than nil but not more than $1 million

206 fee units

223 fee units

(d) more than $5 million but not more than $15 million

251 fee units

(e) more than $15 million but not more than $50 million

279 fee units

(f) more than $50 million or is not specified

307 fee units.

13.

For the commencement of a proceeding under any provision of the Planning and Environment Act 1987, the Environment Protection Act 1970 or the Environment Protection Act 2017 not otherwise specified in Part 1 of this Schedule

84 fee units.

14.

For the commencement of a proceeding under any enabling enactment not otherwise specified in Part 1 of this Schedule

64 fee units.

Part 2—Fee for an application and other matters in relation to an existing proceeding

15.

For the making of an application for the costs of a proceeding under section 109 of the Act or under an enabling enactment, if final orders have been made in that proceeding and the proceeding was allocated to the Tribunal's—

(a) administrative division or planning and environment division

64 fee units

(b) civil division

36 fee units.

16.

For the making of an application under section 120 of the Act, if the proceeding in relation to which the application is made was allocated to the Tribunal's—

(a) administrative division or planning and environment division

17 fee units

(b) civil division

6·3 fee units.

16A.

For the making of an application under section 120A of the Act, if the proceeding in relation to which the application is made was allocated to the Tribunal's—

(a) administrative division or planning and environment division

64 fee units

(b) civil division

36 fee units.

17.

For lodging a statement of grounds in accordance with clause 56 of Schedule 1 to the Act, unless accompanied by a written notice under subclause (5)

2 fee units.

18.

For transfer of a proceeding from the Magistrates' Court to the Tribunal (payable, in addition to the relevant fee for commencement of the proceeding in the Tribunal)

6·3 fee units.

19.

For an application for an injunction to be heard urgently (payable, in addition to the relevant fee for commencement of the proceeding), except if the proceeding is allocated to the residential tenancies division

21 fee units.

20.

For the issuing of a warrant in a proceeding allocated to the residential tenancies division

11 fee units.

Part 3—Hearing fee

21.

For hearing a proceeding for which a fee is payable under Part 1 of this Schedule on commencement, for each day or part of a day, if the proceeding is—

(a) a complex case that is allocated to the administrative division

241 fee units

(ab) a major case or a complex case that is allocated to the planning and environment division

241 fee units

(b) a complex case that is allocated to the civil division or the human rights division

177 fee units

(i) day one, for a proceeding that is—

(A) a proceeding under the Owners Corporations Act 2006, except section 191; or

(B) allocated to the residential tenancies division; or

nil

(ii) day one, otherwise than provided in subparagraph (i)

35 fee units

(iii) days 2 to 4

35 fee units

(iv) days 5 to 9

70 fee units

(v) day 10 and any subsequent day

105 fee units

(d) for review of a decision made by a decision‑maker—

(i) day one, for a proceeding that is—

(A) a VicSmart proceeding; or

(B) a proceeding under section 80 of the Planning and Environment Act 1987

nil

(ii) day one, otherwise than provided in subparagraph (i)

35 fee units

(iii) days 2 to 4

35 fee units

(iv) days 5 to 9

70 fee units

(v) day 10 and any subsequent day

105 fee units.