The Victorian Civil and Administrative Tribunal (VCAT)

1. The Victorian Civil and Administrative Tribunal (VCAT)

2. 2012 – 2013 VCAT Cases

3. Dispute Resolution Methods

4. Reasons why tribunals are important Chapter 5, The courts and the VCAT, pg. 139

5. Resolves everyday legal issues

6. VCAT’s Structure • Headed by a President- A Supreme Court judge • Vice-presidents- County Court judges • Deputypresidents- allocated to each list. • VCAT members are lawyers who preside over the hearings and are responsible for conciliation and arbitration of disputes • VCAT is divided into 3 divisions called“Lists”

7. Review P.211 - Divisions Chapter 5, The courts and the VCAT, pg. 140

8. 2012 – 2013 Case load per list VCAT Annual Report 2012 -2013

9. Example: Civil Claims List • Hears disputes for small payment claims • Faulty goods • Mainly between consumers and traders • Performance of work. • Motor car Trading • Disputes settled through; Mediation Conciliation Arbitration

10. Example: Residential Tenancies List • Hears disputes between landlord and tenant. • Dispute settlement procedures: Mediation Conciliation Arbitration

11. Administrative Division • Example:Planning and Environment List-deals with appeals and applications about the use and development of land. Usually about local council planning decisions or permits

12. Human Rights Division • Anti-Discrimination List - hears complaints against discrimination (race, age, pregnancy) • Guardian List – hears involving people who cannot make decisions for themselves due to disability

13. Resolving a dispute at VCAT

14. Resolving disputes in VCAT • Mediation- neutral 3rd party helps the parties negotiate an agreement – if unsuccessful- back to VCAT for hearing • Conciliation- unbiased 3rd party suggests solutions to resolve dispute • Arbitration- Independent 3rd party imposes a legally binding decision to settle a dispute. This is legally binding

15. Compulsory Conferences • Parties may be required to attend a pre-hearing compulsory conference • Here they are given opportunity to mediate or conciliate a resolution before it proceeds to arbitration where a binding decision is imposed • Identifies issues and questions of law and fact • Direction is given on what will happen next

16. Hearing • Many cases proceed to a hearing • Evidence is presented, witnesses are questioned • At the end a VCAT member adjudicating the dispute will make a legally binding decision • Parties usually don’t have legal representation but can in a variety of circumstances

17. Rules of Evidence and Procedure • Formal rules used in courts do not apply • Witnesses can be examined, cross-examined and re-examined • Can use conference calls via video links • Telephone • Entirely based on documents without physical appearance

18. Appeals • Can appeal a VCAT decision (on a point of law only) To the Supreme Court (Trial Division) (OR) If decision made by the president/vice president (VCAT) can appeal to the Court of Appeal • VCAT does not have appellate jurisdiction • Does have power to review decisions of specific government agencies and statutory example. • See P214 case as an example.

19. Your Turn • Questions 1 – 6 located on Page 214 of student text