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VCAT The Victorian Civil and Administrative Tribunal

VCAT The Victorian Civil and Administrative Tribunal. www.vcat.vic.gov.au. In the past . Before VCAT was established, disputes were resolved by:. Credit Tribunal. Small Claims Tribunal. Anti –Discrimination Tribunal. Residential Tenancies Tribunal. Administrative Appeals Tribunal.

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VCAT The Victorian Civil and Administrative Tribunal

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  1. VCATThe Victorian Civil and Administrative Tribunal www.vcat.vic.gov.au

  2. In the past ... Before VCAT was established, disputes were resolved by: • Credit Tribunal • Small Claims Tribunal • Anti –Discrimination Tribunal • Residential Tenancies Tribunal • Administrative Appeals Tribunal

  3. Establishment of VCAT1st July 1998 • Victorian Civil and Administrative Tribunal Act (1998) • Reasons for its establishment: • To overcome problems with having a number of tribunals • High cost of administration • Confusion about where to go • Less duplication

  4. Structure VCAT Civil division Civil Claims ListCredit ListDomestic Building ListOwners Corporation ListReal Property ListResidential Tenancies ListRetail Tenancies List Administrative Division General ListLand Valuation ListLegal Practice ListOccupational and Business Regulation ListPlanning and Environment ListTaxation List Human Rights Division Anti-Discrimination ListGuardianship ListHealth and Privacy ListMental Health List

  5. Civil Claims List(Small claims) • Disputes between consumers and traders • $37 to lodge a claim of less that $10,000 • Legal representation is not encouraged

  6. Jurisdiction • Hears disputes between consumers and traders over the sale, supply or hire of goods and services • Fair Trading Act (1999) • Unlimited value of claims. Most claims are less that $10,000 • Claim is less that 2 years old

  7. Orders What type of orders do you think could be made? • Require a party to pay money • Require a party to perform work to rectify a defect in goods or services • Require a party to return goods • Dismiss a claim • Strike out a claim when beyond VCAT jurisdiction

  8. Residential Tenancies List • Fair Trading Act (1999) • Residential Tenancies Act (1997) • Disputes relating to tenancy agreements • Rentals, Caravans, rooming houses • $37 to lodge a claim of less that $10,000 • Landlords may be represented by their estate agent

  9. Jurisdiction • Amounts up to $10,000 • A claim can be made by a landlord against a tenant or a tenant against a landlord • Orders can include • Ordering a tenant to pay landlord damages • Ordering a landlord to return bond • Dismiss the claim

  10. Anti-discrimination List • Equal Opportunity Act (1995) • Racial and Religious Tolerance Act (2001) • Matters involving sexual harassment and unfair treatment of individuals • On the basis of: Age, illness, injury, marital status, physical features, pregnancy etc. • In: Employment, education, sport etc • There is no fee to lodge a claim

  11. Equal opportunity commission Complaint received in writing by EOC Respondent notified EOC decides if the dispute can be solved through conciliation Conciliable Not conciliable Resolved Referred to VCAT for adjudication Referred to VCAT for adjudication Abandoned

  12. Anti-discrimination orders • Order the person to stop the discrimination • Order the discriminator to pay compensation • Order the person to perform specified acts to redress the loss • Dismiss the claim

  13. Methods of dispute resolution • Informal atmosphere • Relaxed rules of evidence and procedure CONCILIATION • Settlement through conciliation is the main aim of VCAT • Parties are encouraged to take part in a pre hearing conference to • Clarify the issue in dispute • Promote a settlement

  14. Methods of dispute resolution MEDIATION Parties may be ordered to mediate in an attempt to resolve the matter. If no settlement is reached, a hearing date is set

  15. Hearing Procedure • An application is lodged with VCAT • Date and time set for a hearing • A hearing takes place before a member of VCAT • Parties to the dispute have the opportunity to call or give evidence, ask questions of witnesses and make submissions • The referee will ask most of the questions

  16. Hearing Procedure • Parties can put their case directly to VCAT or, in some circumstances VCAT can allow the use of a lawyer or a professional advocate to help settle the matter • At the end of the hearing the Tribunal makes a decision • VCAT decisions are legally binding

  17. Appeals from VCAT If any party remains unsatisfied with the Tribunal’s decision they can lodge an appeal, on a question of law, with the Supreme Court

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