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7.10

U3AOS2 - VCAT

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VCAT (Victorian Civil and Administrative Tribunal) was passed by Vic. Parliament in 1998 under the Victorian Civil and Administrative Tribunal Act 1998 (Vic). VCAT (Victorian Civil and Administrative Tribunal) was passed by Vic. Parliament in 1998 under the Victorian Civil and Administrative Tribunal Act 1998 (Vic).
Governing body of VCAT President, vice-presidents, deputy presidents, senior members and ordinary members
President A judge of the Supreme Court
Vice-presidents Judges of the County Court and are responsible for the management/administration of VCAT
Residential Tenancies Division Residential Tenancies List
Civil Division Civil Claims List, Building and Property List, Owners Corporations List
Human Rights Division Guardianship List, Human Rights List
Planning and Environment Division Planning and Environment List
Administrative Division Legal Practice List, Review and Regulation List
Purpose of VCAT in Resolving Disputes To provide a dispute-resolution process that is low-cost, accessible, efficient and independent
How VCAT achieves low cost Small filing fees, tiered fee structure, minimal pre-trial procedures, self-representation encouraged
Standard filing fee for small claims Just over $70
Corporate fee tier Higher fees for businesses and corporations
Health care card holders fee tier Pay nominal or no fees
No hearing fees incurred for Many claims under $100,000 or quick rental disputes
Self-representation rate at VCAT Around 80%
Main centre of VCAT Melbourne
VCAT's accessibility Online applications and phone/online hearings
Formality of VCAT hearings Less formal than court hearings
Efficiency strategy of VCAT Reducing waiting times, no pre-trial procedures
Independence of VCAT VCAT members are independent and act as unbiased adjudicators
Source of VCAT’s power to hear cases Statutes passed by Parliament
Exclusive jurisdiction definition Only VCAT has authority to hear certain types of claims, not courts
Alternative dispute resolution body (when VCAT doesn’t have exclusive jurisdiction) Courts
Type of dispute in Residential Tenancies Division Tenancy disputes (e.g. tenants vs. landlords)
Examples of Residential Tenancies disputes Unpaid rent, repairs, excessive rent increases
Type of dispute in Administrative Division Professional conduct inquiries, review of decisions
Examples of Administrative disputes Cost disputes between lawyers and clients, dog declared dangerous
Type of dispute in Civil Division Consumer matters, building works, owners’ corporation matters
Examples of Civil disputes Faulty goods/services, poor building work, water damage disputes
Type of dispute in Human Rights Division Guardianship, equal opportunity, privacy
Examples of Human Rights disputes Discrimination complaints, vilification, disability issues
Type of dispute in Planning and Environment Division Reviews of decisions by councils
Examples of Planning disputes Disputes about permits, land valuation for rates
Disputes VCAT cannot hear Class actions, employment disputes, neighbour disputes (unless owners corp), car accident disputes
VCAT jurisdiction limits (residency and law) Cannot hear disputes between residents of different states or when Commonwealth is a party
Main dispute resolution methods at VCAT Mediation, compulsory conferences, final hearing
Mediation definition Cooperative process where parties negotiate solutions with optional legal support
Outcome of successful mediation Settlement can be formalised by a deed or tribunal order
Effect of formalised mediation settlement Becomes binding and enforceable by VCAT
Fast Track Mediation and Hearing applies to Civil claims list disputes up to $10,000
If fast track mediation fails Case proceeds to hearing before VCAT member on another day
Created by: nandistudies
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