Victorian Numbered Regulations

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL (TRANS-TASMAN PROCEEDINGS AMENDMENT) RULES 2013 (SR NO 17 OF 2013) - REG 5

After Order 7 of the Principal Rules insert —

" ORDER 8—TRANS-TASMAN PROCEEDINGS

        8.01     Definitions

    (1)     In this Order—

"Trans-Tasman Proceedings Act" means the Trans-Tasman Proceedings Act 2010 of the Commonwealth.

    (2)     An expression used in the Trans-Tasman Proceedings Act has the same meaning in this Order as it has in that Act.

        8.02     Application of Order

This Order applies in relation to any proceeding under the Trans-Tasman Proceedings Act in respect of which the Tribunal is a prescribed tribunal under that Act.

        8.03     Application for order for use of audio link or audiovisual link

    (1)     A party to a proceeding to which this Order applies may apply to the Tribunal for an order that evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand by filing an application in accordance with subrule (2).

    (2)     An application under subrule (1) must—

        (a)     be in Form 12 of Schedule 2;

        (b)     be filed at least 14 days before the person who is the subject of the application is due to give evidence or make submissions to the Tribunal.

        8.04     Service

As soon as practicable after the filing of the application, the applicant must serve a copy of the application on every other party.

        8.05     Duty of applicant

r. 5

If, whether before or after a direction has been given, an applicant no longer requires the person who is the subject of the application to give evidence or make submissions to the Tribunal by audio link or audiovisual link, the applicant must notify the principal registrar immediately.

        8.06     Technical requirements

    (1)     The technical requirements for an audio link are—

        (a)     both the Tribunal point and the remote point are equipped with facilities that—

              (i)     enable all appropriate persons at the Tribunal point to hear the person giving the evidence or making the submissions; and

              (ii)     enable all appropriate persons at the remote point to hear appropriate persons at the Tribunal point; and

        (b)     any other requirements imposed by the presiding member.

    (2)     The technical requirements for an audiovisual link are—

        (a)     both the Tribunal point and the remote point are equipped with facilities that—

              (i)     enable all appropriate persons at the Tribunal point to see and hear the person giving the evidence or making the submissions; and

              (ii)     enable all appropriate persons at the remote point to see and hear appropriate persons at the Tribunal point; and

        (b)     any other requirements imposed by the presiding member.

    (3)     Requirements imposed by the presiding member under subrule (1)(b) or (2)(b) must not be inconsistent with any other provision of these Rules.

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