Victorian Numbered Regulations

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL (FEES) REGULATIONS 2013 (SR NO 53 OF 2013) - SCHEDULE 1

SCHEDULE 1

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SCALE OF FEES

Column 1 Item No.	Column 2 Description	Column 3 Fee payable	Column 4 Fee payable	Column 5 Fee payable
	PART 1—FEES FOR COMMENCEMENT OR TRANSFER OF PROCEEDINGS
1.	No fee is payable for the commencement of proceedings under the following enabling enactments or provisions of enabling enactments—
1.1	Adoption Act 1984 section 129A(1)(a);
1.2	Assisted Reproductive Treatment Act 2008 ;
1.3	Children, Youth and Families Act 2005 ;
1.4	Disability Act 2006 ;
1.5	Equal Opportunity Act 2010 except section 89(5)(a);
1.6	Freedom of Information Act 1982 applications under section 50(2) if—
	(a)     the application is for the review of a deemed decision under section 53 refusing to grant access to a document; or

Column 1 Item No.	Column 2 Description	Column 3 Fee payable	Column 4 Fee payable	Column 5 Fee payable
	(b)     the applicant is a natural person and the document to which access is sought contains information relating to the applicant's personal affairs;
1.7	Guardianship and Administration Act 1986 ;
1.8	Health Records Act 2001 ;
1.9	Information Privacy Act 2000 ;
1.10	Instruments Act 1958 ;
1.11	Legal Profession Act 2004 Chapter 4;
1.12	Medical Treatment Act 1988 ;
1.13	Mental Health Act 1986 except section 79;
1.14	Public Health and Wellbeing Act 2008 sections 122 and 204;
1.15	Racial and Religious Tolerance Act 2001 section 23A;
1.16	Residential Tenancies Act 1997 Part 10;
1.17	Supported Residential Services (Private Proprietors) Act 2010 sections 105 and 121;
1.18	Trustee Companies Act 1984 .

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Column 1 Item No.	Column 2 Description	Column 3 Fee payable	Column 4 Fee payable	Column 5 Fee payable
2.	For the commencement of proceedings under the following enabling enactments—
2.1	Australian Consumer Law and Fair Trading Act 2012 where the claim is for a sum less than $500;
2.2	Credit Act 1984 sections 47, 62, 74(5), 76, 81, 85B (if the application is not made by a credit provider), 93, 95(1), 97, 104, 106, 107(8), 110(1), 111, 112, 114, 115, 116(7), 118 and 139(6);
2.3	Domestic Building Contracts Act 1995 where the claim is for a sum less than $500;
2.4	Equal Opportunity Act 2010 section 89(5)(a);
2.5	Landlord and Tenant Act 1958 ;
2.6	Motor Car Traders Act 1986 section 45;
2.7	Owners Corporations Act 2006 except section 191, where the claim is for a sum less than $500;
2.8	Planning and Environment Act 1987 sections 87, 89 and 93;
2.9	Residential Tenancies Act 1997 except Part 10;

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Column 1 Item No.	Column 2 Description	Column 3 Fee payable	Column 4 Fee payable	Column 5 Fee payable
2.10	Supported Residential Services (Private Proprietors) Act 2010 section 123.	3·5 fee units	4·2 fee units	4·8 fee units
3.	For the commencement of proceedings under the following enabling enactments—
3.1	Australian Consumer Law and Fair Trading Act 2012 where the claim is for a sum of $500 or more but less than $10 000;
3.2	Domestic Building Contracts Act 1995 where the claim is for a sum of $500 or more but less than $10 000;
3.3	Owners Corporation Act 2006 except section 191, where the claim is for a sum of $500 or more but less than $10 000.	10·3 fee units	12·0 fee units	13·8 fee units
4.	For the commencement of proceedings under the following enabling enactments—
4.1	Credit Act 1984 for any application (other than an application by the Director) to the Tribunal that is not otherwise referred to in these Regulations;
4.2	Local Government Act 1989 section 183.	18·9 fee units	22·5 fee units	26·0 fee units

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Column 1 Item No.	Column 2 Description	Column 3 Fee payable	Column 4 Fee payable	Column 5 Fee payable
5.	For the commencement of proceedings under section 50(2) of the Freedom of Information Act 1982 except—
	(a)     applications for review of a deemed decision under section 53 refusing to grant access to a document; or
	(b)     if the applicant is a natural person and the document to which access is sought contains information relating to the applicant's personal affairs.	24·1 fee units	28·7 fee units	33·2 fee units
6.	For the commencement of proceedings under the following enabling enactments—
6.1	Aboriginal Heritage Act 2006 ;
6.2	Accident Compensation Act 1985 ;
6.3	Accident Towing Services Act 2007 ;
6.4	Adoption Act 1984 section 129A except section 129A(1)(a);
6.5	Agricultural and Veterinary Chemicals (Control of Use) Act 1992 ;
6.6	Architects Act 1991 ;
6.7	Associations Incorporation Reform Act 2012 ;

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6.8	Australian Consumer Law and Fair Trading Act 2012 where— (a)     the claim is for a sum of $10 000 or more but less than $100 000; or (b)     no specific monetary amount is sought in the claim;
6.9	Biological Control Act 1986 ;
6.10	Births, Deaths and Marriages Registration Act 1996 ;
6.11	Building Act 1993 ;
6.12	Bus Safety Act 2009 ;
6.13	Catchment and Land Protection Act 1994 ;
6.14	Cemeteries and Crematoria Act 2003 ;
6.15	Chattel Securities Act 1987 ;
6.16	Children's Services Act 1996 ;
6.17	Climate Change Act 2010 ;
6.18	Conservation, Forests and Lands Act 1987 ;
6.19	Conveyancers Act 2006 ;
6.20	Co-operatives Act 1996 ;
6.21	Country Fire Authority Act 1958 ;

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6.22	Credit Act 1984 sections 85, 85B and 86 if— (a)     the application is made by a credit provider; and (b)     the number of contracts that are the subject of the application does not exceed 3000;
6.23	Dairy Act 2000 ;
6.24	Dangerous Goods Act 1985 ;
6.25	Domestic Animals Act 1994 ;
6.26	Domestic Building Contracts Act 1995 where— (a)     the claim is for a sum of $10 000 or more, but is less than $100 000; or (b)     no specific monetary amount is sought in the claim;
6.27	Drugs, Poisons and Controlled Substances Act 1981 section 69B;
6.28	Duties Act 2000 ;
6.29	Education and Training Reform Act 2006 ;
6.30	Electoral Act 2002 ;
6.31	Electricity Safety Act 1998 ;
6.32	Emergency Management Act 1986 ;
6.33	Emergency Services Superannuation Act 1986 ;

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6.34	Environment Protection Act 1970 except sections 33(1) and 33A(1);
6.35	Equipment (Public Safety) Act 1994 ;
6.36	Estate Agents Act 1980 ;
6.37	Firearms Act 1996 ;
6.38	First Home Owner Grant Act 2000 ;
6.39	Fisheries Act 1995 ;
6.40	Flora and Fauna Guarantee Act 1988 ;
6.41	Fundraising Act 1998 ;
6.42	Gambling Regulation Act 2003 ;
6.43	Gas Safety Act 1997 ;
6.44	Health Practitioner Regulation National Law (Victoria);
6.45	Health Services Act 1988 ;
6.46	Heritage Act 1995 ;
6.47	House Contracts Guarantee Act 1987 ;
6.48	Land Tax Act 1958 ;
6.49	Legal Profession Act 2004 except Chapter 4;
6.50	Liquor Control Reform Act 1998 ;
6.51	Livestock Disease Control Act 1994 ;
6.52	Local Government Act 1989 except section 183;

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6.53	Major Sporting Events Act 2009 ;
6.54	Major Transport Projects Facilitation Act 2009 ;
6.55	Meat Industry Act 1993 ;
6.56	Mental Health Act 1986 section 79;
6.57	Metropolitan Fire Brigades Act 1958 ;
6.58	Mineral Resources (Sustainable Development) Act 1990 ;
6.59	Motor Car Traders Act 1986 except section 45;
6.60	Occupational Health and Safety Act 2004 ;
6.61	Occupational Health and Safety Regulations 2007 [3] ;
6.62	Owner Drivers and Forestry Contractors Act 2005 ;
6.63	Owners Corporations Act 2006 section 191, or under any other provision where— (a)     the claim is for the sum of $10 000 or more but less than $100   000; or (b)     no specific monetary amount is sought in the claim;
6.64	Parliamentary Salaries and Superannuation Act 1968 ;
6.65	Payroll Tax Act 2007 ;

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6.66	Pipelines Act 2005 ;
6.67	Plant Biosecurity Act 2010 ;
6.68	Prevention of Cruelty to Animals Act 1986 ;
6.69	Private Security Act 2004 ;
6.70	Professional Boxing and Combat Sports Act 1985 ;
6.71	Property Law Act 1958 ;
6.72	Public Health and Wellbeing Act 2008 section 207;
6.73	Racing Act 1958 ;
6.74	Relationships Act 2008 ;
6.75	Retail Leases Act 2003 where— (a)     the amount sought is less than $100 000; or (b)     no specific monetary amount is sought in the claim;
6.76	Retirement Villages Act 1986 ;
6.77	Road Management Act 2004 ;
6.78	Road Safety (Vehicles) Regulations 2009 [4] ;
6.79	Sale of Land Act 1962 ;
6.80	Second-Hand Dealers and Pawnbrokers Act 1989;
6.81	Sex Work Act 1994 ;

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6.82	State Employees Retirement Benefits Act 1979 ;
6.83	State Superannuation Act 1988 ;
6.84	Subdivision Act 1988 ;
6.85	Superannuation (Portability) Act 1989 ;
6.86	Supported Residential Services (Private Proprietors) Act 2010 section 206;
6.87	Surveying Act 2004 ;
6.88	Taxation Administration Act 1997 ;
6.89	The Constitution Act Amendment Act 1958 ;
6.90	Therapeutic Goods (Victoria) Act 2010 ;
6.91	Transport Accident Act 1986 ;
6.92	Transport (Compliance and Miscellaneous) Act 1983 ;
6.93	Transport Superannuation Act 1988 ;
6.94	Travel Agents Act 1986 ;
6.95	Unclaimed Money Act 2008 ;

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6.96	Valuation of Land Act 1960 where— (a)     the net annual value of the property is less than $60 000; or (b)     the site value is less than $750 000; or
	(c)     the capital improved value is less than $1 million;
6.97	Veterinary Practice Act 1997 ;
6.98	Victims of Crime Assistance Act 1996 ;
6.99	Victoria State Emergency Service Act 2005 ;
6.100	Victoria State Emergency Service Regulations 2006 [5] ;
6.101	Victorian Plantations Corporation Act 1993 ;
6.102	Water Act 1989 ;
6.103	Wildlife Act 1975 ;
6.104	Working with Children Act 2005 .	33·4 fee units	39·7 fee units	46·0 fee units
7.	For the commencement of proceedings under the following enabling enactments—
7.1	Australian Consumer Law and Fair Trading Act 2012 where the claim is for a sum of $100 000 or more but less than $1 million;

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Column 1 Item No.	Column 2 Description	Column 3 Fee payable	Column 4 Fee payable	Column 5 Fee payable
7.2	Domestic Building Contracts Act 1995 where the claim is for a sum of $100 000 or more but less than $1 million;
7.3	Environment Protection Act 1970 sections 33(1) and 33A(1) if the proceedings are in respect of a development of any kind where the estimated cost of the development is less than $1 million;
7.4	Land Acquisition and Compensation Act 1986 where the claim is for compensation of less than $1 million;
7.5	Owners Corporations Act 2006 except section 191, where the claim is for a sum of $100 000 or more but less than $1 million;
7.6	Planning and Environment Act 1987 except— (a)     sections 77, 79, 80 and 87A if the proceedings are in respect of a development of any kind where the estimated cost of the development is $1 million or more; (b)     sections 87, 89 and 93;
7.7	Retail Leases Act 2003 where the amount sought is $100 000 or more.	62·7 fee units	74·5 fee units	86·3 fee units

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8.	For the commencement of proceedings under the following enabling enactments—
8.1	Australian Consumer Law and Fair Trading Act 2012 where the claim is for a sum of $1 million or more;
8.2	Credit Act 1984 sections 85, 85B and 86 if— (a)     the application is made by a credit provider; and (b)     the number of contracts that are the subject of the application exceeds 3000;
8.3	Domestic Building Contracts Act 1995 where the claim is for a sum of $1 million or more;
8.4	Environment Protection Act 1970 sections 33(1) and 33A(1) if— (a)     the proceedings are in respect of a development of any kind where the estimated cost of the development is $1 million or more; and (b)     the proceedings are not entered in the Major Cases List within the Planning and Environment List;

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8.5	Land Acquisition and Compensation Act 1986 where the claim is for compensation of $1 million or more;
8.6	Owners Corporations Act 2006 except section 191, where the claim is for a sum of $1 million or more;
8.7	Planning and Environment Act 1987 sections 77, 79, 80 and 87A if— (a)     the proceedings are in respect of a development of any kind where the estimated cost of the development is $1million or more; and (b)     the proceedings are not entered in the Major Cases List within the Planning and Environment List;
8.8	Valuation of Land Act 1960 where— (a)     the net annual value of the property is $60 000 or more; or (b)     the site value is $750 000 or more; or (c)     the capital improved value is $1 million or more.	121·0 fee units	143·8 fee units	166·7 fee units

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9.	For the commencement of proceedings under the following enabling enactments—
9.1	Environment Protection Act 1970 sections 33(1) and 33A(1) if the proceedings are in respect of a development of any kind where the proceedings are, by election of the applicant, entered into the Major Cases List within the Planning and Environment List;
9.2	Planning and Environment Act 1987 sections 77, 79, 80 and 87A if— (a)     the proceedings are in respect of a development that does not include a dwelling (within the meaning of the Victoria Planning Provisions) where the proceedings are, by election of the applicant, entered in the Major Cases List within the Planning and Environment List; or
	(b)     the proceedings are in respect of a development where— (i)     the estimated cost of that development is $10 million or more; and

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Column 1 Item No.	Column 2 Description	Column 3 Fee payable	Column 4 Fee payable	Column 5 Fee payable
	(ii)     the proceedings are, by election of the applicant, entered in the Major Cases List within the Planning and Environment List.	260·0 fee units	260·0 fee units	260·0 fee units
10.	For the commencement of a proceeding under any enabling enactment not shown in this Schedule.	33·4 fee units	39·7 fee units	46·0 fee units
11.	For the transfer of proceedings under the following enabling enactments—
11.1	Environment Protection Act 1970 section 33B if the proceedings are in respect of a development of any kind where the proceedings are entered in the Planning and Environment List and are subsequently transferred to the Major Cases List within the Planning and Environment List.
11.2	Planning and Environment Act 1987 sections 82 and 82B if— (a)     the proceedings are in respect of a development that does not include a dwelling (within the meaning of the Victoria Planning Provisions) where the proceedings are entered in the

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	Planning and Environment List and are subsequently transferred to the Major Cases List within the Planning and Environment List; or
	(b)     the proceedings are in respect of a development of any kind where— (i)     the estimated cost of that development is $10 million or more; and (ii)     the proceedings are entered in the Planning and Environment List and are subsequently transferred to the Major Cases List within the Planning and Environment List.	197·3 fee units	185·5 fee units	173·7 fee units
	PART 2—HEARING FEES
1.	For hearing proceedings in the Major Cases List within the Planning and Environment List, for each day or part of a day.	257·5 fee units	257·5 fee units	257·5 fee units

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2.	For hearing proceedings for which a fee is payable under Part 1 of this Schedule on commencement where the principal registrar is of the opinion that the proceeding is a complex case having regard to whether—
	(a)     more than one member is or is likely to be appointed to hear the proceeding; and (b)     the hearing of the proceeding is likely to take 2 or more days— For each day or part of a day after the first day.	113·9 fee units	130·2 fee units	146·4 fee units
3.	For hearing all other proceedings for which a fee is payable under Part 1 of this Schedule on commencement—
	(a)     for days 2 to 4, per day or part of a day;	29·4 fee units	29·4 fee units	29·4 fee units
	(b)     for days 5 to 9, per day or part of a day;	49·2 fee units	49·2 fee units	49·2 fee units
	(c)     for day 10 and any subsequent day, per day or part of a day.	82·1 fee units	82·1 fee units	82·1 fee units

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