Media Releases 2013

Council submission on VCAT fee regulations

18 Feb 2013
Stonnington Mayor, Cr Matthew Koce has made a submission to the State Government Department of Justice on behalf of Stonnington Council in relation to proposed VCAT fee increases.

The submission responded to the Regulatory Impact Statement for proposed VCAT fees regulation, released in December 2012.

Cr Koce said: “Council is concerned that several of the fee increases proposed appear out of step with the key objectives of the Victorian Civil and Administrative Tribunal which is to provide the community with access to a civil justice system which is both accessible and cost-effective.

“In particular, fee increases for ‘objector appeals’ and mediation will be particularly hard on ordinary residents, who unlike property developers, are unable to claim the cost of VCAT fees as a tax deduction or business expense. These proposed fee increases are substantial and risks placing the justice system beyond the reach of many Victorians.

“Cost-effective dispute resolution is, and must remain, a fundamental objective of VCAT because VCAT was established to provide affordable and fair access to justice for the whole Victorian community.”

Mayor, Cr Koce said: “Council is concerned that the Regulatory Impact Statement mentioned VCAT could introduce mediation fees – to be set at a level equivalent to 45 per cent of the estimated cost of carrying out the activity.

“Increased fees should not be imposed for mediation. Mediation provides a useful tool in resolving issues without the formality of a hearing, coupled with obvious time and cost savings to all parties. Increasing such fees may dissuade participants to utilise this option.”

However, no objections were proposed in relation to VCAT fee increases for major cases, large scale developments and enforcement orders relating to breaches of the Planning Scheme.

Cr Koce said: “The fee increases for some permit applicants appear relative to the cost of a larger development. It is considered appropriate that this fee is increased based on the cost of the development (i.e. increasing after both $1m and $5m) – which is generally proportionate to the resources required to deal with the matter.”

He said that in terms of Enforcement Orders, Council took no objection to a fee increase as Council can recoup such costs as part of such applications to the Tribunal (in the instance of successfully being able to establish a breach of the Planning Scheme).

The submission letter is available on the Stonnington website at www.stonnington.vic.gov.au/news-and-information/whats-new
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