Attorney-General's terms of reference

Appendix: President's review of VCAT 

INTRODUCTION:
VCAT was established in July 1998 to:

• provide a new structure for Victoria’s tribunals and to streamline their administration;
• improve access to justice;
• facilitate the use of technology and alternative dispute resolution (ADR); and
• develop flexible and cost-effective practices for hearing and determining disputes in its original and review jurisdictions.

VCAT’s workload has increased steadily over the past ten years.  It has acquired many new jurisdictions (such as health professionals, Working With Children Checks and disability issues) and has added the Human Rights Division and the Legal Practice List to its original structure. 

REVIEW SCOPE
The review will audit VCAT’s performance over the past 10 years and broadly focus on the following key issues:
Access issues:

• Whether VCAT has succeeded in improving access to justice and in delivering equitable outcomes for all Victorians; and
• Whether steps could be taken to further improve such access.

Operational issues:

• Whether VCAT has been cost-effective in delivering services to Victorians, and whether there is scope for achieving greater administrative efficiencies; and
• Whether VCAT’s use of technology and ADR has assisted parties to resolve disputes fairly and more speedily, and whether existing services could be enhanced. 

Jurisdictional issues:

• Whether the additional jurisdiction assigned to VCAT since 1998 has been appropriate, and whether the process and principles under which VCAT acquires new jurisdictions could be enhanced; and
• Whether the exercise of concurrent jurisdiction with Victoria’s courts has enhanced the administration of justice in Victoria.

Further issues identified in the course of the review may also be considered.

TIMING
The review report should be delivered on or before 30 November 2009.

3 March 2008