As the name suggests, the Victorian Civil and Administrative Tribunal, or VCAT, is the body that deals with various civil disputes, ranging from domestic building works and problems with buying a used car, to issues with government agencies and guardianship matters.
Set up in 1998, VCAT was formed from the amalgamation of 15 boards and tribunals. It was designed to be a more efficient and low cost forum for the hearing of disputes and has wide ranging powers.
The civil justice tribunal deals with:
• the purchase and supply of goods and services;
• discrimination;
• domestic building works;
• guardianship and administration;
• disability services;
• legal profession services;
• residential and retail tenancies and owners corporations (body corporate); and
• consumer credit.
It also deals with disputes between members of the public and government (state/local) regarding planning and land valuation issues, licences to carry on businesses including medical professionals and travel agents, state taxes and many other government decisions such as Transport Accident Commission (TAC) decisions and freedom of information issues.
VCAT has three divisions – Civil, Administrative and Human Rights – with each division containing a number of “Lists” or sections which specialise in particular types of cases.
Anyone can file a claims application with the relevant List. Time limits apply and fees are payable, although these can be waived in some cases.
The Fair Trading Act 1999 (Vic) allows for a very wide range of applications to VCAT, but claims must be made within six years of the dispute.
VCAT can refer a dispute to a mediator, order money to be paid or make an order
that a contract be performed or that it be declared void.
To help settle a dispute, a Mediation, Directions Hearing or Compulsory Conference may take place before any actual hearing.
Once a matter has been heard, the sitting VCAT member either makes a decision on-the-spot or provides a written decision that is delivered to the parties as soon as possible. n
