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Victorian Civil and Administrative Tribunal

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The Victorian Civil and Administrative Tribunal (VCAT)[1] was formed by the Victorian Civil and Administrative Tribunal Act 1998[2] in the state of Victoria, Australia. As part of the Victorian Justice system the tribunal sits 'below' the Magistrates Court in the court hierarchy. However the tribunal itself is not a court, not possessing any jurisdiction or powers beyond those conferred by statute.[3] VCAT is less formal than a court and helps resolve disputes through mediations, compulsory conferences and formal hearings. The participation of lawyers or other legal representatives is not encouraged in some list areas, substantially reducing the cost of litigation. However some of the list areas will by necessity require parties to have some form of representation.

VCAT (pronounced ‘vee-cat’) resolves about 70,000 disputes per year and provides Victorians with a low-cost, accessible and independent dispute resolution service, which is deliberately informal and encourages self-representation. Its orders are enforceable by law once they have been registered with the Magistrates Court. VCAT began operating on 1 July 1998, amalgamating 15 smaller boards and tribunals, creating a 'one-stop-shop' for handling a broad range of disputes. When looking at the sheer number of cases, VCAT deals with the overwhelming majority of legal proceedings in Victoria.[4]

The VCAT President (currently Edward Woodward), is a Supreme Court Judge, and County Court Judges serve as vice presidents. Applications are heard and determined by deputy presidents (appointed full-time), as well as senior members and ordinary members, who may be appointed on a full-time, part-time or on a sessional basis. Members have a broad range of specialist skills and qualifications, enabling VCAT to hear and determine cases of considerable complexity and varying subject matter. VCAT has jurisdiction to hear and determine disputes under over 200 enabling provisions.

Divisions of VCAT

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VCAT has five divisions: Residential Tenancies, Civil, Planning and Environment, Human Rights and Administrative. Within these divisions, the various types of matters are allocated to what are referred to as 'lists'. (For example, residential tenancy matters are heard in the Residential Tenancies list.) The Civil Division has the Civil Claims List, Owners Corporations List, and Building and Property List. The Administrative Division consists of the Legal Practice List and Review and Regulation List. The Residential Tenancies Division only has the Residential Tenancies List. The Human Rights Division is made up of the Human Rights List and Guardianship List. The Planning and Environment Division consists of the Planning and Environment List and Land Valuation List.

The Civil Division hears and determines a range of civil disputes relating to:

  • consumer matters
  • domestic building works
  • owners corporation matters
  • retail tenancies
  • sale and ownership of property
  • use or flow of water between properties.

The Administrative Division deals with applications from people seeking a review of government and other bodies' decisions that affect them. These include decisions relating to:

  • Transport Accident Commission decisions
  • state taxation
  • legal services
  • business licences and professional registrations
  • Freedom of Information applications
  • WorkSafe assessments
  • disciplinary proceedings for a range of professions and industries.

The Residential Tenancies Division deals with matters involving:

  • residential tenants and landlords
  • rooming house owners and residents
  • the Director of Housing and public housing tenants
  • caravan park owners and residents.

The Human Rights Division deals with matters relating to:

  • guardianship and administration
  • equal opportunity
  • racial and religious vilification
  • voluntary assisted dying
  • health and privacy information
  • the Disability Act 2006 (Vic)
  • decisions made by the Mental Health Tribunal.

The Planning and Environment Division deals with matters relating to a reviews of decisions of councils and other authorities. [5]

Procedure

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VCAT reports to the Attorney General's office each year and these reports are publicly available.[6] According to the 2021-22 VCAT Annual Report, 75,288 applications were lodged, about 60 per cent were residential tenancy matters (45,863 applications received).

Applicants can apply online using VCAT's website (www.vcat.vic.gov.au) or in person at 55 King Street, Melbourne.[7] Application fees are payable for most matters that are brought to VCAT. Hearing fees are also payable on the day of the hearing in some circumstances.

To resolve disputes without the need for a full hearing, VCAT conducts compulsory conferences, mediations, and hearings on the papers (where members make decisions on cases based solely on lodged documentation, without requiring attendance by the parties).

VCAT's main hearing venue is 55 King Street, Melbourne. Its Human Rights Division is at Level 4, 414 La Trobe St, Melbourne. VCAT also has offices in Frankston, Oakleigh and Bundoora, as well as Bendigo Law Courts.

VCAT is required to make its decisions in accordance with the law, and can only make a decision based on the specific matter before it. For example, if the application to VCAT is to dispute whether the use of land needs to provide a certain number of car parks, then VCAT cannot make a decision about other matters such as whether the land should be used in the proposed manner (it can only consider the car parking issue).

In planning matters, VCAT must make its decisions based on the law and the requirements of the individual council's planning scheme, balancing competing objectives such as neighbourhood character or urban consolidation. The content of a council's planning scheme is determined by the individual council, with the approval of the Minister for Planning. VCAT has no say in what goes into a planning scheme and is not involved with the making of planning laws. It is, however, required to apply them.

VCAT decisions are final. The only exemptions for appeals are when:

  • the decision is set aside on appeal by a party to the Supreme Court on questions of law
  • the VCAT order contains a mistake and needs to be corrected
  • an order for enforcement reasons is varied
  • a party did not come to the hearing and the order is set aside (revoked) or changed.

References

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  1. ^ Victorian Civil and Administrative Tribunal
  2. ^ Victorian Civil and Administrative Tribunal Act 1998 (Vic).
  3. ^ King, Michael (2013). "Still not a court: Limitation to VCAT's expanded jurisdiction". Law Institute of Victoria. VCAT is a creature of statute and only has the jurisdiction and powers that parliament conferred on it. It has no inherent jurisdiction or powers.
  4. ^ Director of Housing v Sudi [2011] VSCA 266, Court of Appeal (Vic, Australia).
  5. ^ "Our structure | VCAT". www.vcat.vic.gov.au. Retrieved 30 August 2021.
  6. ^ "Corporate Reporting". Victorian Civil and Administrative Tribunal.
  7. ^ 55 King Street, Melbourne, Google maps
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