Muto v Department of Planning and Community Development

(2013) 38 VR 293; [2013] VSCA 85

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › Victorian Civil and Administrative Tribunal
4. › Constitution of Tribunal
5. › Consent orders
6. › Whether s 93 of VCAT Act authorises any member to make orders giving effect to settlement notwithstanding Schedule 1 constitution requirements
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 93, sch 1 cl 46E(1)
1. Administrative Law
2. › Tribunals
3. › Victorian Civil and Administrative Tribunal
4. › Jurisdiction
5. › Whether President sitting alone had jurisdiction to make consent orders in local government misconduct proceedings
6. › Local Government Act 1989 (Vic), ss 81D, 81E, 81J(1)(b), 81K
1. Practice and Procedure
2. › Appeal
3. › Extension of time
4. › Leave to appeal
5. › Jurisdictional point not raised below
6. › Whether leave should be granted on point of jurisdiction apparent from face of proceedings
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148(2), (5)
1. Statutory Interpretation
2. › Construction of tribunal legislation
3. › Relationship between general procedural provisions and specific constitution requirements
4. › Whether general settlement power overridden by specific constitution requirements in Schedule

Quick Take

Section 93 of the VCAT Act authorises any single member of VCAT to make orders giving effect to a settlement, even in proceedings where Schedule 1 requires the Tribunal to be constituted by multiple members with specified qualifications. However, if the Tribunal departs from the agreed penalty and imposes a different one, the special constitution requirements in Schedule 1 apply. The expression 'senior member' in Schedule 1 includes the President of VCAT.