The Law Handbook 2024

Chapter 1.2: An introduction to the courts 23 • While courts are bound by the previous decisions of superior courts, tribunals are not. Instead, tribunals are required to determine each matter on its merits. However, in practice, many tribunals follow precedent for the sake of being consistent in their decision-making. VCAT The Victorian Civil and Administrative Tribunal ( VCAT ) was established by the Victorian Civil and Administrative Tribunal Act 1998 (Vic). VCAT is also bound by the Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 (Vic) and Victorian Civil and Administrative Tribunal Rules 2018. VCAT deals with many different types of cases: • residential tenancies; • goods and services; • planning and the environment; • guardianship; • owners corporations; • building and property; • review and regulation; • human rights; • legal practice. (See VCAT’s website at www.vcat.vic.gov.au. ) AAT The Administrative Appeals Tribunal Act 1975 (Cth) provides for the establishment, structure and management of the Administrative Appeals Tribunal ( AAT ). The Act and the Administrative Appeals Tribunal Regulation 2015 (Cth) set out the core powers and procedures of the AAT for all divisions (except for the Migration and Refugee Division). The AAT can review Centrelink decisions through its Social Services and Child Support Division; it can review most decisions made by the Australian Government Department of Home Affairs through its Migration and Refugee Division. The AAT can also review decisions about Australian citizenship, Commonwealth workers’ compensation, freedom of information, the National Disability Insurance Scheme, tax, and veterans’ pensions. The AAT’s General Division can undertake a second review of some decisions made by other AAT divisions. The Migration Review Tribunal, Refugee Review Tribunal, Social Security Appeals Tribunal and Classification Review Board have been amalgamated with the AAT. The AAT conducts merits review of freedom of information matters, which was previously undertaken by the Office of the Australian Information Commissioner. (See AAT’s website at www.aat.gov.au. ) Appealing a tribunal’s decision The manner of appealing a tribunal’s decision varies. It is usually set out in the legislation that established the tribunal. The AAT hears appeals from most of the lesser specialist tribunals. An AAT decision can be reviewed by the Federal Court, but on very narrow grounds. For further information, visit AAT’s website at www.aat.gov.au. A VCAT decision can be appealed to the Supreme Court, but only with the court’s leave, and only in relation to a question of law. For further information, visit VCAT’s website at www.vcat.vic.gov.au. Making a complaint about a judge or magistrate Complaints about a judge or magistrate can be made to the Judicial Commission of Victoria. Created by the Judicial Commission of Victoria Act 2016 (Vic), the Judicial Commission is an independent body that investigates complaints about Victorian judicial officers. For more information about making a complaint, see the commission’s website (www.judicialcommission.vic.gov.au) . Juries NOTE: COVID-19 AND JURY SERVICE Jury trials have resumed in Melbourne and most Victorian regional court locations and are operating in line with COVIDSafe measures. Extensive work has been undertaken to ensure that jury trials can be conducted safely. A list of the measures implemented to keep jurors safe is available at www.juriesvictoria.vic.gov.au/juror- safety-during-covid-19. Jurors who are unwell or who are required to self-isolate under public health rules must phone the Jury Commissioner’s office. The wearing of masks by jurors during trials is no longer compulsory.