Overview of the Four Divisions of VCAT
Write about the Report for Victorian Civil and Administrative Tribunal.
Victorian Civil and Administrative Tribunal solves the many cases and gives the independent dispute resolution service to the Victorians at less cost. There are four divisions of Victorian Civil and Administrative Tribunal (VCAT) namely human rights, civil, residential tenancies and the administrative. There are civil claim list, proprietor’s companies list and list related to building and property in the civil department. The administrative division considers the legal practice list, list in respect of review and regulations and related to planning and environment list. The human right list and guardianship list are considered by the human right division. The residential tenancies list is considered by residential tenancy list.
In this report, the provisions related to civil administrative tribunal system in Victoria is discussed
The application to resolve the dispute can be made to VCAT by customers, organizations, dealers, registered business, trustees of trust and the incorporated association. The disputes may relate to claims about land, suspected breaches, and acquisition of goods and supply of service. In most of cases, application can be made within six years from the date of arising dispute. The application can lodge by email or fax or online. In lodging the application by email or fax or online, payment is required to make by the credit card. But if lodging personally then payment can make by credit card, bank cheque, cash, money order or EFTPOS (Solopotias & Martin 2016, p. 22).
Application fee is essential to pay at the time of making application. If application fee does not pay, then Victorian Civil and Administrative Tribunal will not consider the application. If applicant makes the application for non-monetary claim then click box can leave blank. It is also required to pay hearing fee for the each hearing. The amount of hearing fee depends upon the value of claim. The applicant may apply for waiver of fee by making the application for fee relief form (Cremean, 2001).
If someone wants to be represented by the lawyer or by other profession representation, then they are required to take permission from the member of Victorian Civil and Administrative Tribunal who is hearing the dispute of applicant to come on his behalf. If someone wants a lawyer or profession representation, then it is required to mention the details in the section of application (Billings, 2004).
The Victorian Civil and Administrative Tribunal has many functions to perform. The main function of Victorian Civil and Administrative Tribunal is to give reasonable, on time and quality access to justice in respect of civil matters. About ninety thousand cases present every year in Victorian Civil and Administrative Tribunal. About 50,000 to 60,000 cases solve by the way of negotiation (Harman, 2016). The other function of Victorian Civil and Administrative Tribunal is that it decreases the pressure of court by solving the dispute (Rozen & Crieghton, 2007).
Application Procedure for Resolving Disputes in VCAT
As per the some Acts of parliament, the review and regulation list of Victorian Civil and Administrative Tribunal can hear the dispute and solve the case under the original jurisdiction and under the review jurisdiction as well. The original jurisdiction of Victorian Civil and Administrative Tribunal refers to the first instance decision maker as per the act (Rowley & Taylor 2018, p. 24).
If there is no other name mentioned in original VCAT application but it is believed by applicant that they have key role in the matter, then applicant can make an application to add the name of that person. Victorian Civil and Administrative Tribunal can also add the name of anyone if it seems necessary. The added person or party is called as joined party or an applicant or a respondent. The party may add only when the interest of someone may be influenced by the consequences of dispute (Arnold 2016, p. 27). Victorian Civil and Administrative Tribunal may add the name of other party on own motion if there are reasons to believe that interest of person may be influenced or have the advantages of the judgment or they are required to bound by the orders or judgments. But a respondent cannot add anyone as applicant (Sliftel, 2006).
Alternative Dispute Resolution is a method of solving a matter which does not include formal hearing. It can include mandatory conference or the mediation. The mediation and mandatory conference help the persons to solve the dispute by agreement without appearing in a hearing. Generally, the case refers to hearing if it is not possible for parties to solve the matter at mediation or compulsory conference (O’Brien 2017, p. 25)
It is required to attend the hearing in a person but if hearing cannot attend in a person, then the parties are permitted to attend the hearing by the telephone or by the video conference. If a person cannot attend the hearing in a person then it is required to apply for permission to join hearing through electronic mode such as telephone or video conference. It is required to make application for electronic mode as soon as possible so that arrangements can make easily in effective manner. Victorian Civil and Administrative Tribunal only gives permission on the basis of reasonable grounds. The electronic modes are allowed only if the member of Victorian Civil and Administrative Tribunal thinks that case is suitable for telephone or video conference (Bartley 2017, p. 10).
Fees and Waiver of Fees for VCAT
All the hearings of Victorian Civil and Administrative Tribunal are open to public. However, the member of Victorian Civil and Administrative Tribunal can give order to close them. In some exceptional conditions, hearing can make privately. If any party requires the hearing to be conducted privately, then the permission should be taken in written before conducting hearing or in the starting of hearing (Koeing, 2015).
Victorian Civil and Administrative Tribunal has powers to allow the witness or to refuse to call witness by the party to give evidences. VCAT can refuse to call witness if it seems not appropriate to call witness. If any witness does not come on his wish, then VCAT can give summon.
There are also provisions related to penalty for false evidences. If anyone makes false information or false evidence, then the person will be liable for penalty. The penalty will be of level 9 imprisonment (maximum six months) or level 9 fine (maximum 60 penalty units) or both (Willson, 2016).
Victorian Civil and Administrative Tribunal considers the documents important, then it may order to non-party or corporation to produce the documents. It makes flexible approach for the corporations. The corporations may serve the documents to resolve disputes in Victorian Civil and Administrative Tribunal. It hears and makes the decision for unpaid owner’s cooperation fees. It gives the judgment for maintaining common property or for alleged breaches. It also solves the neighborhood disputes influencing owners of units and service companies (Watson, 2006).
Conclusion
As per the above discussion, it can be concluded that in the justice system of Victoria, Victorian Civil and Administrative is independent institution. Victorian Civil and Administrative is responsible for resolving the disputes. It reduces the burden of court. It resolves the cases through mediation, conferences and negotiation at very low cost. Victorian Civil and Administrative deals with different matters but does not deal the motor vehicle accidents, fencing matters and recovery of debt.
It is recommended to Samantha to make application in Victorian Civil and Administrative to resolve her dispute related to property. The issues or disputes related to property can solve easily in Victorian Civil and Administrative at low cost in comparison of court. It deals all the matters in respect of human rights, civil, administration and residential tenancy. It conducts mediation, hearing programs, conference and short mediation. There is no need to go to the court after hearing and deciding the matters.
Reference
Arnold, L 2016, ‘Changes to VCAT application forms’, Planning news, vol. 42, no. 4, pp. 27.
Bartley, W 2017,’ 2016: VCAT year in review’, Planning news, vol. 27, no. 1, pp. 10.
Billings, J 2004, VCAT: Victorian Civil and Administrative Tribunal, Victorian Civil and Administrative Tribunal, Victoria.
Cremean, D 2001, VCAT: Victorian Civil and Administrative Tribunal: retail tenancies, Victorian Civil and Administrative Tribunal, Victoria.
Harman, G 2016, Review of the financial system external dispute resolution framework.
Koeinig, A 2015, process to make application in VCAT, Cambridge university press, Cambridge.
O’Brien, M 2017, ‘Current issues in the rented housing sector in Victoria’, Parity, vol. 30, no. 7, pp. 25.
Rowley, S & Taylor, E 2018, ‘from the urban lab: pencil or ink? ; How covenants trump the public interest’, Planning review, vol. 44, no. 1, pp. 24.
Rozen, P & Crieghton, B 2007, Occupational health and safety law in Victoria, Federation press, Australia.
Sliftel, B 2006, Role of VCAT, Routledge, Oxford.
Solopotias, S & Martin, P 2016,’ an overview of VCAT cases on restrictive covenants 2005-2015: part 1’, Planning News, vol. 42, no. 1, pp. 22.
Watson, V 2006, Dialouges in urban and regional planning, Routledge, Oxford.
Willson, N 2016, Disputes in VCAT, Oxford university press, Oxford.
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