VCAT Victorian Civil and Administrative Tribunal http www

VCAT – Victorian Civil and Administrative Tribunal http: //www. vcat. vic. gov. au/resources/video/taking-it-vcatchapter-1 -introduction-220

DANGEROUS DOG DECISION GOES TO VCAT • In 2011, Kooda and Bear, two dogs owned by Mr Nathan Laffan and Ms Samantha Graham (both aged 20 years) were seized by the Moira Shire Council after the council deemed them to be dangerous dogs. The council seized the dogs shortly before new laws restricting the ownership of dangerous dogs were introduced into Victoria. • In 2012, Mr Laffan and Ms Graham were granted permission to appeal the decision of the council and have their case reviewed at the Victorian Civil and Administrative Tribunal. The owners were appealing the council's decision on the basis that their dogs were incorrectly identified as pit bull terriers (a breed of restricted dogs) when in fact the owners believed them to be bullmastiff-cross American bulldogs. • Under Victorian laws introduced in 2011 (after a young child was tragically mauled to death by a pit bull terrier) local councils can seize and destroy unregistered pit bulls and their crosses based on visual

• Prior to 1998 there were a number of tribunals operating with different jurisdictions in Victoria. • The government decided to combine them into a “one-stopshop” with a common set of procedures • The Victorian Civil and Administrative Tribunal (VCAT) was established in 1998. • VCAT is divided into three divisions a Civil Division an Administrative Division and a Human Rights Division • Within each section there are what is know as “lists” – each list hears particular cases

• Approximately 86 000 cases are lodged at VCAT each year. The Residential Tenancies List is the busiest, accounting for approximately 66 per cent of all cases, followed by the Guardianship List hearing 12 per cent, the Civil Claims List hearing 11 per cent, and the Planning and Environment List hearing 4 per cent.

DEFINITION OF VCAT • VCAT was formed in 1998 as a super-tribunal to amalgamate Victoria’s numerous tribunals. It hears a range of minor civil disputes with three divisions: civil, administrative and human rights.

Civil Division Administrative Division Human Rights Division Civil Claims List — deals with disputes between consumers and traders over the purchase and supply of goods and services General List — reviews decisions made by government agencies including the Transport Accident Commission and Victims of Crime Assistance Tribunal Anti-discrimination List — deals with disputes involving discrimination on various grounds including age, sex and marital status, and racial and religious vilification Credit List — deals with disputes between borrowers and financial institutions, including those involving the supply of credit and seizing of property Land Valuation List — reviews land valuations made by local councils or other agencies for tax purposes Guardianship List — deals with the appointment of guardians to make financial and personal decisions on behalf of those who are unable to make their own decisions, such as cognitively impaired people Domestic Building List — deals with disputes between owners and builders over small and large scale building works, such as bathroom and kitchen renovations and housing construction The Legal Practice List — deals with disputes between clients and legal representatives, and reviews misconduct charges brought against lawyers Health and Privacy List — reviews decisions made by government bodies and medical professionals that affect an individual's rights, such as the denial of IVF treatment and denial of personal records Owners Corporations List — deals with disputes involving owners' corporations (‘body corporates’) that manage the common ownership of shared property (such as ownership of common garden areas in unit blocks) Occupational and Business Regulation List — reviews decisions made by agencies with regard to the granting of licences and misconduct cases for a range of businesses and occupational groups, such as motor vehicle traders, clubs and bars Mental Health List — reviews decisions made by the Mental Health Board about applicants' involuntary treatment Real Property List — deals with disputes over real estate, real estate agent commissions, and the use and flow of water between properties Planning and Environment List — reviews decisions made about planning permits Residential Tenancies List — deals with disputes between tenants and landlords over the rental of property Taxation List — reviews decisions and assessments made by the state taxation office

The role of VCAT • To provide cost effective, accessible and informal, timely and quality resolution of a range of civil cases to Victoria. • You must know these roles in detail.

Cost effective • VCAT provides a low-cost method of resolving disputes as opposed to courts • Fees for filing a claim used to be minimal and range from around $37 but have increased as of 2013, some to as much as $1500. This is still significantly cheaper than courts. No charge for claims in Human Rights Division • Parties also do not generally require legal representation in VCAT hearings further reducing costs

Changes to VCAT fees • In May 2013 the VCAT changes were made to fees by the Governor in Council • This was enacted after review by the Department of Justice • This reflects a change in government policy in regard to funding of courts and tribunals (they cut funding) • Eg – application under the Owners Corporation Act used to be $39 and is now $1553 • Overall increase in application fee • Increase of fee to inspect files

Accessible and informal • Less formal than court hearings due to absence of strict rules of evidence and procedure which is less intimidating to use • Hearings are conducted at around 43 venues state-wide also making it physically more accessible • Many forms can be lodged online • Can use video and telephone conferencing making it accessible for those geographically challenged or with a disability

Timely resolution • Parties using VCAT can avoid time delays of court as time between application and hearing is around two weeks, in Residential Tenancies List (most popular list) and around 11 weeks in Civil Claims List. • Most cases resolved within a day, which is significantly shorter than court cases

Quality and expertise • Each List of VCAT operates within its own specialised jurisdiction resulting in tribunal personnel developing expertise in resolving disputes in that specified area. This allows for quality service and there is also ongoing professional development or staff to improve their skills, adding to this quality and expertise.

Resolving a dispute at VCAT

Compulsory conference and Hearings • In an attempt to settle a dispute, VCAT may require parties to attend a compulsory conference with the aim of identifying and clarifying the key issues in dispute and promoting an early settlement. Compulsory conferences use conciliation as a method of dispute settlement. • If parties cannot resolve their dispute with mediation and conciliation, it may be resolved at a hearing using judicial determination (where a member makes a legally binding decision on behalf of the parties). While VCAT hearings follow certain procedures (for example, parties and witnesses give evidence under oath or affirmation), there are no strict rules of evidence and procedure, as required in court cases.

VCAT original jurisdiction, review jurisdiction and orders Original jurisdiction Review jurisdiction Orders VCAT’s power comes from many Acts of parliament including Victorian Civil and Administrative Tribunal Act 1998 (Vic) and other enabling Acts Tribunal hears disputes involving individuals and organizations and also reviews decisions of other decision-makers Types of orders vary from list to list, in general VCAT can: - Require a party to pay money - Require a party to do something, such as perform work, carry out repairs, vacate premises (mandatory injunction) - Require a party to refrain from doing something (restrictive injunction) - Declare that a debt is or is not owing - Review, carry or cancel a contract - Dismiss a claim Eg- Victims of Crime Assistance Tribunal decision can be reviewed by VCAT They can: - Affirm the decision - Vary the decision - Set aside the decision and make another decision in substitution

Appeals • Decisions made by VCAT are generally final, although parties may appeal on a point of law to the Supreme Court. VCAT also has the power to review decisions made by specific government agencies and statutory authorities. • Appeals from VCAT: Parties who are not satisfied with the legally binding decision at a VCAT hearing can only appeal the decision on a point of law to the Supreme Court (Trial Division) or the Court of Appeal (if the order under review was originally made by either the president or a vice-president of VCAT). • In deciding an appeal case from VCAT, the Supreme Court or Court of Appeal may uphold VCAT's original order, make a new one, or return the case to VCAT for a rehearing.

Courts are always better at resolving disputes than VCAT. To what extent do you agree with this statement justify your response. (6 marks)

• To a large extent I agree with this statement, however, at times, VCAT can be a more effective dispute resolution method. • Due to the courts’ formality and jurisdictions, they are always legally binding. This is a significant strength of their ability to resolve disputes as parties are required to abide by the decision. In contrast to VCAT, where at times, such as in mediation, the decision is not legally binding unless terms of settlement are entered into. Furthermore, the use of legal representation in courts means that parties are able to have their case presented in the best possible manner, as apposed to VCAT, where legal representation is not always necessary, and can mean one party with more knowledge may dominate proceedings.

• On the other hand, courts can be very expensive, with fees ranging from 150 -10, 000 dollars, making it, at times, inaccessible for some parties. Whereas VCAT Is far more affordable with much lower fees. However, since the 2013 funding cut these fees have been raised significantly. • Therefore, though VCAT can be a good method for resolving disputes, courts are to a large extent the more superior option.

• 5. 8 (1 -5) • 1. ) Provide four reasons for the existence of VCAT. • 2. ) Explain the role of VCAT and describe how courts differ from VCAT when it comes to resolving civil disputes. • 3. ) Explain the three main methods used to resolve disputes at VCAT. • 4. ) List two types of remedies VCAT can order. • 5. ) Explain the avenues of appeal available to a party dissatisfied with a VCAT decision.

Explain the role of vcat (4 marks)