specific legislation granting further jurisdiction, in this instance, the RTA.[689] VCAT is intended to be a forum for speedy and inexpensive resolution of specific kinds of disputes in respect of which the legislature saw fit to confer jurisdiction.
Given these fundamental differences, if Parliament had intended to confer on VCAT the power to carry out judicial review of administrative decisions, it would have done so expressly, or at least by clear implication. No such express provision can be found, or clear implication discerned, in the VCAT Act, the RTA, or the Charter.[690]
Accordingly, the learned judge was right to hold that VCAT “does not possess a judicial review jurisdiction” in its original jurisdiction.
Case Details
Citation[2024] VSC 686
CourtVSC
JurisdictionVictoria
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