specific legislation granting further jurisdiction, in this instance, the [residential tenancies legislation].
In rejecting the suggestion that the Tribunal had jurisdiction to engage in collateral review of the decision of the applicant to apply to the Tribunal for possession of the relevant premises, Warren J noted that:[79]
To like effect, Weinberg JA observed that, while ‘VCAT’s jurisdiction is extremely broad ... its powers are confined to those conferred upon it by statute, either expressly or by implication’.[80]
To briefly explain, section 50(4) of the FOI Act provides that, on a review, the Tribunal has ‘the same powers as an agency ... in respect of a [freedom of information] request’. That power is consistent with section 51(1) of the VCAT Act (see [60]), while section 51(2) is discussed at [61] above. Section 51A is an additional power (introduced in 2014) enabling VCAT to ‘invite’ an agency to reconsider a decision which is being reviewed ‘[a]t any time in a proceeding’.
Case Details
Citation[2024] VCAT 807
CourtVCAT
JurisdictionVictoria
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