UNIT 4 LEGAL STUDIES

VCAT was created on 1 July 1998 and amalgamated 15 boards and tribunals to offer a one stop shop dealing with a range of disputes, providing Victorians with access to a civil justice system which is modern, accessible, efficient and cost effective.

VCAT deals with disputes about: purchase and supply of goods credit discrimination domestic building works guardianship and administration

disability services legal profession services owners corporations (body corporate) residential tenancies retail tenancies.

VCAT also deals with disputes between people and government (State/Local) in areas such as: land valuation licences to carry on businesses (including travel agents, motor car traders and others) planning and environment State taxation many other government decisions (such as Transport Accident Commission decisions and freedom of information issues).

How VCAT resolves cases VCAT has a number of "lists" (sections) which specialise in particular types of cases. Some cases may take 15 minutes to resolve, while others may take a day. In exceptional circumstances, it may take several weeks to hear a case due to the complex nature of the issues involved.

To help settle a dispute, a mediation, directions hearing or compulsory conference may take place Hearings give parties the opportunity to call or give evidence, ask questions of witnesses and make submissions. At the end of the hearing, a member of VCAT either gives a decision on-the-spot, or writes a decision after the hearing

Decisions of VCAT can be appealed to the Supreme Court of Victoria but only on questions of law.

VCAT has three Divisions: Civil Administrative Human Rights Each Division has a number of "lists" (sections) which specialise in particular types of cases.

Hearing Locations VCAT conducts hearings at 55 King Street, Melbourne. In addition we visit metropolitan and country locations as listed below. These sittings are held at Magistrates' Court premises and other centres.

A CAR wash that shows customers soft-porn videos while bikini-clad models provide a "$20 wash 'n' wax" faces closure after Victoria's appeals tribunal found it breached local planning laws. The Victorian Civil and Administrative Tribunal found Kittens car wash in Bentleigh East was primarily involved in the promotion of Kittens strip club and required a separate business permit to continue operation.

VCAT senior member Richard Horsfall said up to six "skimpily clad girls" were employed to spruik for the affiliated strip venue. The tribunal order instructed Kittens to reduce car wash staff from eight to two, remove promotional billboards and put up a fence on the Warrigal Road site by August 13.

On 7 September 1992, Knight appeared before the Administrative Appeals Tribunal seeking a review of a decision where he was refused Austudy assistance with his university studies while imprisoned. On 4 July 2002, Knight appeared before the (VCAT) with a complaint regarding an abuse of human rights where prison officers removed items "of a political nature" from his cell. On 2 September 2002, Knight appeared before the Victorian Civil and Administrative Tribunal seeking access to various prison documents under the Freedom of Information Act. On 9 September 2002, Knight appeared before the Victorian Civil and Administrative Tribunal seeking "Full access to the daily staff rosters for HM Prison Barwon since the 1st May 2001" under the Freedom of Information Act. The application was affirmed.

The Victorian Civil and Administrative Tribunal used the analogy to uphold the murderer's appeal against a decision to refuse him a licence. Mr Butcher rejected the Victorian Taxi Directorate's decision to refuse Gray a tow truck licence on the grounds it could diminish public confidence in the industry. Gray was 21 when he shot dead his 19-year-old ex-girlfriend at Bendigo in July He pleaded guilty to murder in June 1988 and was sentenced to 15 years' jail with a minimum non-parole period of 11 years.

"Essentially, he stalked her. He found out she was at a hotel with a group of friends, waited outside until she came out and approached her with his.22 rifle," Supt Kent said. "She ran away and he chased her and put three shots into her. "The last one was fired into the back of her head to finish her off as she lay slumped across some beer barrels." Gray then turned the rifle on himself and fired a shot that entered his mouth and came out the front of his face, but caused no critical injury.