7.2 Victorian Civil and Administrative Tribunal Flashcards
What is VCAT?
The Victorian Civil Administrative Tribunal is a tribunal, that resolves civil disputes and is intended to be less costly, more informal and a faster way to resolve disputes.
What are the divisions that VCAT is able to hear disputes on?
- Administrative
- Civil
- Human Rights
- Planning and environment
- Residential tenancies
What is the administrative division?
Deals with professional conduct inquiries and applications from people seeking a review of decisions made by government and other authorities.
What is the Civil Division?
Deals with a range of civil disputes relating to consumer matters, domestic building works, owners’ corporation matters, retail tenancies, sale and ownership of property, and use or flow of water between properties.
What is the Human Rights division?
Deals with matters relating to guardianship and administration, equal opportunity, racial and religious vilification, health and privacy information, disability matters and decisions made by the Mental Health Tribunal.
What is the planning and environment division?
Deals with reviews of decisions made by councils or other authorities (e.g. decision to grant a permit).
What is the Residential Tenancies division?
Deals with tenancy disputes, including disputes between residential tenants and landlords, rooming house owners and residents, caravan park owners and residents, and site tenants and owners.
What are the purposes of VCAT?
Low cost, accessible, efficient and independent
What is VCAT mediation?
Mediation is a method of dispute resolution using an independent third party (mediator) to help the parties to reach a resolution.
What are VCAT compulsory conferences?
This is a confidential meeting between the parties involved with the presence of a third party to discuss ways to resolve their differences.
What is a VCAT final hearing?
A final hearing requires that both parties present their case and is heard before a VCAT member who will make a binding decision on the parties.
Orders are able to be made via this method.
What kind of appeals can be made in a VCAT final hearing?
Appeals can be made based on a question of law rather than the decision that was determined.
What is not in VCAT’s jurisdiction?
- representative proceedings
- disputes between employees and employers
- disputes between neighbours
- disputes between drivers in car accidents.
What are the strengths of VCAT?
- VCAT is normally cheaper than courts due to low application fees and usually lower hearing fees
- generally offers a speedy resolution of disputes
- informal atmosphere ensures parties can put their case forward in their own way
- VCAT’s flexibility can ensure fairness and equality for an unrepresented party
- each list operates in its own specialised jurisdiction
- parties are encouraged to reach a resolution between themselves
- smaller claims benefit from a more streamlined process
- a decision made in a final hearing is binding on parties
What are the weaknesses of VCAT?
- for large/ complex cases, including class actions, VCAT is not appropriate
- limited right to appeal VCAT decisions, must be on a point of law and to the supreme court
