Director of Housing v Sudi

(2011) 33 VR 559; [2011] VSCA 266

Victorian Court of Appeal

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Catchwords

1. Administrative Law
2. › Judicial review
3. › Collateral review
4. › Power of administrative tribunal to conduct collateral review of administrative decision
5. › Whether VCAT had power to review lawfulness of Director's decision to make application for possession order
6. › Whether Parliament intended to confer power of collateral review
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic)
8. › Residential Tenancies Act 1997 (Vic), ss 344, 345, 446(c)
1. Administrative Law
2. › Tribunals
3. › Jurisdiction
4. › Original jurisdiction of VCAT
5. › Distinction between original and review jurisdiction
6. › Limits on tribunal jurisdiction derived from statute
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 40, 41, 42
1. Human Rights
2. › Charter of Human Rights and Responsibilities Act 2006 (Vic)
3. › Remedies for breach
4. › Section 39(1)
5. › Whether s 39 confers power of collateral review on VCAT
6. › Whether Charter unlawfulness can only be relied upon in direct challenge proceedings
7. › Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 38(1), 39(1)
1. Human Rights
2. › Charter of Human Rights and Responsibilities Act 2006 (Vic)
3. › Public housing
4. › Eviction of tenant
5. › Right to privacy, family and home
6. › Whether statutory exclusion of collateral review infringed tenant's rights
7. › Whether declaration of inconsistent interpretation should be made
8. › Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 13(a), 32(1), 36(2)

Quick Take

VCAT has no power to conduct collateral review of the lawfulness of an administrative decision to commence proceedings before it, including on Charter of Human Rights and Responsibilities Act 2006 grounds. A tenant facing eviction by the Director of Housing who wishes to challenge the Director's compliance with Charter obligations must seek judicial review in the Supreme Court; the challenge cannot be raised as a defence in VCAT proceedings. Section 39(1) of the Charter does not confer or expand any power of collateral review on VCAT.