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Topic: Victorian Civil and Administrative Tribunal


  
  Victorian Civil and Administrative Tribunal Act 1998
Administrative functions of President and Vice Presidents 31.
The Tribunal may order statement of reasons to be given Subdivision 2-Jurisdiction of the Tribunal 48.
Tribunal or mediator may require personal attendance at mediation 90.
www.austlii.edu.au /au/legis/vic/consol_act/vcaata1998428   (440 words)

  
 Move to protect planning decisions - theage.com.au
About one-third of the tribunal members who regularly hear planning matters are believed to lack planning experience and are therefore unqualified to hear cases on their own.
VCAT tribunal member Tonia Komesaroff issued an enforcement order against the Warehouse Group because she said it was operating a "shop" in a zone set aside for bulky goods.
Stuart Morris, QC, argued that the tribunal was not properly constituted under the Civil and Administrative Tribunal Act 1998 because Ms Komesaroff, a lawyer, did not have experience in planning practice.
www.theage.com.au /articles/2002/04/25/1019441282760.html   (535 words)

  
 Office of the Public Advocate - introduction to the guardianship list - victorian civil and administrative tribunal ...   (Site not responding. Last check: 2007-09-17)
VCAT requires a medical report describing the disability and its effects on the person's ability to make reasonable decisions.
VCAT will also consider the wishes of the person and of their nearest relatives or other family members.
If VCAT makes an order appointing a guardian or an administrator the order may last for up to 3 years, but will be reassessed during that time.
www.publicadvocate.vic.gov.au /CA256A76007E8265/All/FEAC1E62DD4CC26ACA256C14001646BD?OpenDocument   (359 words)

  
 RMIT University - urban futures laboratory
On the first day of the hearing, the Victoria Civil and Administrative Tribunal, members of the Tribunal visited the VRC and undertook a full inspection of the proposed development, including "walking" up and down the small lanes and checking views from the various higher buildings that look out on the site.
The Tribunal was also provided with video footage and stills taken form the real-time model.
In the first use of real-time immersive technology by a planning tribunal in Australia, the Tribunal found in favour of the developer and instructed that a permit be issued for the full 28 storeys.
www.iii.rmit.edu.au /ufl/projects/vcat/index.html   (420 words)

  
 Business Victoria - Managing & Improving your Business - Mediation   (Site not responding. Last check: 2007-09-17)
The establishment of the Victorian Civil and Administrative Tribunal (VCAT) was formed to improve the operation of the Victorian justice system.
VCAT amalgamated a number of tribunals to offer a one stop shop dealing with a range of disputes.
Parties can put their case directly to VCAT themselves or, in some circumstances, VCAT allows the use of a lawyer or professional advocate to help settle the matter.
www.business.vic.gov.au /BUSVIC/STANDARD/1001/PC_50245.html   (887 words)

  
 Victorian Civil and Administrative Tribunal Rules 1998
Functions under section 47(1) of the Act to be exercised in general list of administrative division 3.03.
Tribunal may direct disclosure of valuation evidence 5.03.
Time within which statement of grounds must be lodged in case of proceeding under planning enactment 5.07.
www.austlii.edu.au /au/legis/vic/consol_reg/vcaatr1998477   (554 words)

  
 Chapter Two - Review of the Fences Act 1968
The Small Claims Tribunals were established in 1973,[24] the Residential Tenancies Tribunal in 1980,[25] the Administrative Appeals Tribunal[26] and the Equal Opportunity Board (now the Anti-Discrimination Tribunal)[27] in 1984, the Credit Tribunal in 1989,[28] and the Domestic Building Tribunal in 1995.
The most prevalent of these is mediation, in which the parties consent to the appointment of a person who assists them in formulating their own resolution, sometimes without direct reference to the legalities of the dispute.
[58] The Tribunal is able to sit anywhere in Victoria[59] and can conduct on-site inspections,[60] which may save the need for lengthy depositions and ensure the visibility of the key issues.
www.parliament.vic.gov.au /lawreform/fences/2.html   (3870 words)

  
 Call for reform of tribunal - theage.com.au
The community lobby group's policy on VCAT states that anyone wanting the tribunal to hear an appeal should first prove that a council had failed to comply with its own policies and legal obligations.
The group's policy states that tribunal outcomes were often unpredictable and inconsistent because members were able to apply their own subjective views to cases they hear without fear of challenge or review.
"VCAT hears and decides cases before it with fairness, objectivity and in accordance with the law in what are often difficult circumstances," he said.
www.theage.com.au /articles/2002/05/31/1022569831808.html   (485 words)

  
 Administrative law & judicial review
These may lie to correct tribunals and inferior courts which commit jurisdictional error or breach of natural justice; also against public bodies which act beyond lawful power (ultra vires) or err in the exercise of power.
VCAT also has original jurisdiction consisting primarily of functions conferred on it by enabling enactments to make a first-instance decision.
Where further appeal is from order of VCAT not constituted by President or a Vice President, leave is to be sought from a Master.
www.justd.com /adminlaw.htm   (1082 words)

  
 Euthanasia: Victorian Tribunal orders death by starvation - 5 April 2003
Victorian government officials are about to order a woman with dementia to be starved and dehydrated to death.
The Victorian Civil and Administrative Tribunal early in March gave approval for feeding tubes to be removed from the woman claiming that the tubes were medical treatment and could be discontinued.
The husband of the 68-year-old woman approached the Tribunal just before last Christmas seeking to be appointed as her guardian so as to order the removal of the feeding tubes.
www.newsweekly.com.au /articles/2003apr05_e.html   (810 words)

  
 In Praise of the First and Second Amendments | The Brussels Journal   (Site not responding. Last check: 2007-09-17)
Victorian Civil and Administrative Tribunal (VCAT) deputy president Michael Higgins ordered two pastors to apologize for comments they made in a speech, on a website and in a newsletter.
The tribunal found Muslims were vilified by claims that Muslims were training to take over Australia, encouraging domestic violence and that Islam was an inherently violent religion.
The case was the first to be heard by VCAT since the Racial and Religious Tolerance Act took effect in 2002.
www.brusselsjournal.com /node/1199   (3006 words)

  
 Commercial Property News | Commercial Property Listings | Sydney | Melbourne | Brisbane - property review.com.au   (Site not responding. Last check: 2007-09-17)
The Victorian government is on the threshold of changing legislation to prevent several billion dollars worth of apartment contracts becoming void after a landmark Victorian Civil and Administrative Tribunal on Wednesday.
It is highly likely the Victorian government will make an urgent policy decision to push the changes to the Domestic Building Contracts Act through parliament as early as next week.
On Wednesday, Melbourne lawyer Charles Slidders stunned one of Australia’s largest apartment developers, Mirvac, and the property world by succeeding in a VCAT interlocutory injunction against the developer from obtaining a deposit bond on a $950,000 apartment at its highly successful Yarra’s Edge development at Melbourne’s Docklands.
propertyreview.com.au /archives/2004/10032004/headline/12032004001.html   (422 words)

  
 AAR: Publication: Focus: Arbitration
In brief: A recent decision of the Victorian Civil and Administrative Tribunal may have a profound effect on the use of expert determinations to resolve disputes.
In Age Old Builders Pty Limited v Swintons Pty Limited, the Deputy President of Victorian Civil and Administrative Tribunal (VCAT) was asked to consider, as a preliminary issue, whether an agreement to submit disputes to expert determination was void under section 14 of the Victorian Domestic Building Contracts Act 1995 (the Act).
The VCAT Deputy President found that the expert determination agreement was, in reality, an arbitration agreement and therefore void under s14 of the Act.
www.aar.com.au /pubs/ldr/foarbjun03.htm   (1544 words)

  
 The house is a pigsty, you snore all night and I love it - smh.com.au
A tribunal has ruled that Lily, Lucy and Oliver don't need a special permit to stay with Maggie and Neil Park in their house in Gisborne, 50km north of Melbourne.
Mrs Park said she was "as happy as a pig in mud" over the outcome of the Victorian Civil and Administrative Tribunal challenge, the latest in a series of protests from local residents over their unusual house pets.
They went to the Victorian Civil and Administrative Tribunal to prevent the Parks receiving a permit to keep the pigs, alleging that the animals were smelly and noisy.
www.smh.com.au /articles/2002/04/23/1019441246555.html   (483 words)

  
 Paying The Rent   (Site not responding. Last check: 2007-09-17)
The Victorian Civil and Administrative Tribunal is an independent tribunal that decides tenancy related disputes between landlords and tenants.
The tribunal is not a court, however, the decision made by the tribunal has legal standing.
If you do not go, the tribunal will not be able to take into account your circumstances and may well issue an Order for Possession against you.
hnb.dhs.vic.gov.au /OOH/ne5ninte.nsf/LinkView/5B0C993D9AE7AB9E4A2569E5000958DE07A7849FE4FE137ACA25714100215F5B   (893 words)

  
 The Victorian Civil and Administrative Tribunal   (Site not responding. Last check: 2007-09-17)
If you are unable to attend the Tribunal on the day of the hearing you will need to get advice from the Tenants Union or a tenant advice service about how to get an adjournment.
The Tribunal will not adjourn your case because you have not got your witnesses or letters with you, nor will they make phone calls to verify your story.
You can ask the Tribunal to provide written reasons for the decision that they make, but you have to ask for them before the end of the hearing.
www.findlaw.com.au /article/256.htm   (1192 words)

  
 Deaf Today v2.0: Tribunal considers deaf student's education   (Site not responding. Last check: 2007-09-17)
A Murrumbeena family is accusing the Victorian College for the Deaf of failing to provide a suitable education for a nine-year-old student.
The Victorian Civil and Administrative Tribunal has been told 9-year-old Benjamin Zygorodimos has been taught by sign language rather than spoken English, which was more suitable for him.
The tribunal has heard he has been moved into a class for the intellectually disabled but his parents want him returned to the academic stream with appropriate tuition methods.
www.deaftoday.com /news/archives/003222.html   (154 words)

  
 The Victorian Civil and Administrative Tribunal   (Site not responding. Last check: 2007-09-17)
If you are unable to attend the Tribunal on the day of the hearing you will need to get advice from the Tenants Union or a tenant advice service about how to get an adjournment.
The Tribunal will not adjourn your case because you have not got your witnesses or letters with you, nor will they make phone calls to verify your story.
You can ask the Tribunal to provide written reasons for the decision that they make, but you have to ask for them before the end of the hearing.
www.au.lawoffice.com /article/256.htm   (1192 words)

  
 Anglican Media Melbourne | VCAT finds breach of racial and religious tolerance act   (Site not responding. Last check: 2007-09-17)
EA were critical of early reactions to the judgement from VCAT against Catch the Fire Ministries from some sectors of the religious community, particularly "ecumenical statements which by implication make the respondents in the case sound like subversive extremists; and statements which say the judgment means the end of free speech in Australia."
the Victorian Civil and Administrative Tribunal on Friday against Catch the Fire Ministries, who were found to have breached the Racial and Religious Tolerance Act.
The judgement summary was handed down in the Victorian Civil and Administrative Tribunal today by Judge Higgins, in favour of the complainant, the Islamic Council of Victoria.
www.media.anglican.com.au /news/2004/12/catchthefire.html   (771 words)

  
 AussieLegal - Free Australian legal information, useful DIY legal kits and recommended law firm referral service
If you are unable to attend the Tribunal on the day of the hearing, you will need to get advice from the Tenants Union or another tenant advice service about how to get an adjournment.
The Tribunal will not adjourn your case because you have not got your witnesses or documents with you, and they will not make phone calls to verify your claims.
You can ask the Tribunal to provide written reasons for their decision, but you have to ask the member for this at the start of the hearing.
www.aussielegal.com.au /informationoutline~nocache~1~SubTopicDetailsID~1065.htm   (1308 words)

  
 Aljazeera.Net - Tribunal: Muslims vilified in Australia   (Site not responding. Last check: 2007-09-17)
The Victorian Civil and Administrative Tribunal ruled on Friday that Catch the Fire Ministries office holders Danny Nalliah and Daniel Scot breached the Religious and Racial Tolerance Act in a 2002 seminar by, among other things, calling Muslims liars and demons.
The action against Catch the Fire was brought by the Islamic Council of Victoria and the decision was welcomed as setting the limits for religious debate in Australia.
The tribunal noted that in the seminar Scot claimed Muslims had a plan to overrun Western democracies by violence and terror and turn Australia into an Islamic nation.
english.aljazeera.net /NR/exeres/E91ABB17-0E09-4F52-AA97-B67D3D0EB559.htm   (241 words)

  
 Religious Vilification findings
In that decision the Tribunal relied on the various decisions which related to defamation law, which is logical in the context of the use by the legislature of the words hatred, ridicule and contempt.
EXPERT EVIDENCE 82 The Tribunal is not bound by the rules as to evidence but may inform itself on any matter as it sees fit (section 98 of the Victorian Civil and Administrative Act 1998).
Their application in a Tribunal setting assists in doing that which it is required to do, namely, act fairly and according to the substantial merits of the case in all proceedings - see s.97 of the Act.
jmm.aaa.net.au /articles/14353.htm   (21033 words)

  
 Apollo 45
The Victorian Civil and Administrative tribunal handed down its finding May 25 affirming Greater Shepparton City Council's October 12 decision to grant a permit for a brothel at 45 Apollo Dve.
On Wednesday, the Victorian Civil and Administrative Tribunal upheld a decision to continue the development of a six-bedroom brothel, but William Albon is seeking clarification of testimony at the March hearing from objectors Joanne Atkinson and Dallas Terlich as well as key appellant Sondrae Johnson.
The result of a Victorian Civil and Administrative Tribunal hearing in March was expected to be handed down last month, but tribunal members Jeanette Rickards and Laurie Hewet are yet rule on the matter.
apollo45.com.au   (5356 words)

  
 The House Is A Pigsty
A tribunal has ruled that Lily, Lucy and Oliver don't need a special permit to stay with Maggie and Neil Park in their house in Gisborne, 50km north of Melbourne.
Mrs Park said she was "as happy as a pig in mud" over the outcome of the Victorian Civil and Administrative Tribunal challenge, the latest in a series of protests from local residents over their unusual house pets.
They went to the Victorian Civil and Administrative Tribunal to prevent the Parks receiving a permit to keep the pigs, alleging that the animals were smelly and noisy.
www.pigs4ever.com /news/house_isa_pigsty.htm   (511 words)

  
 DANIEL SCOT, DANNY NALLIAH DECISION IN THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
DANIEL SCOT, DANNY NALLIAH DECISION IN THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL.
The decision by Judge Michael Higgins in the Victorian Civil and Administrative Tribunal on December 17
This action in the VCAT simply demonstrates the intolerance of Islam and the intolerance of those that brought the case.
jimball.com.au /Features/Scot-Nalliah-VCAT-decision.htm   (1528 words)

  
 Julian Knight - Wikipedia, the free encyclopedia
On September 7, 1992, Knight appeared before the Administrative Appeals Tribunal seeking a review of a decision where he was refused Austudy assistance whilst imprisoned.
On July 4, 2002, Knight appeared before the Victorian Civil and Administrative Appeals Tribunal (VCAT) with a complaint regarding an abuse of human rights where prison officers removed items "of a political nature" from his cell.
On September 9, 2002, Knight appeared before the Victorian Civil and Administrative Tribunal seeking "Full access to the daily staff rosters for HM Prison Barwon since the 1st May 2001" under the Freedom of Information Act.
en.wikipedia.org /wiki/Julian_Knight   (1175 words)

  
 Witch Sues Christians Under Controversial Hate Laws
If the Victorian Civil and Administrative Tribunal (VCAT), which operates like a court, upholds a vilification complaint, it can order the payment of compensation of up to $3,900 for individuals and $19,800 for organizations.
Now a local Christian councilor in a small city on the edge of Melbourne is preparing to defend himself in the Victorian Civil and Administrative Tribunal against complaints brought by a witch.
A spokeswoman for the state commission that oversees the anti-vilification laws, Slavka Scott, said the aim of the process was to achieve conciliation between the parties before a case reached the Victorian Civil and Administrative Tribunal.
www.freemasonrywatch.org /witch_sueschristians.html   (1460 words)

  
 Religious Tolerance - complaint against Alpha dismissed
The fact is that people can still make complaints under the law and it may depend on the interpretation by a given Member as to what the outcome is. Regardless of the outcome, having to respond to such complaints imposes a considerable amount of financial and emotional strain on the defendant.
He recommends "consideration be given to the amendment of the Act to require a person seeking to pursue a claim before the tribunal to obtain the leave of the tribunal before the proceeding is initiated.
Comment: Of course, having cases brought to the Tribunal and not allowing the public to know about these cases would be impinging on our free and democratic society.
www.acl.org.au /national/browse.stw?article_id=4424   (1376 words)

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