No.
My understanding, which may be incorrect, is that VCAT can authorise anyone.
I'd expect most people would request police, but not all.
VIC Property Law - Landlord Faking Utility Bills?
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- eviction property law
No.
My understanding, which may be incorrect, is that VCAT can authorise anyone.
I'd expect most people would request police, but not all.
@Jake Matherson - Thanks mate.
@Rod - That's what I thought too, but the legislation appears to say otherwise. The word "must" in s355(1) removes any discretion, so it's Police or someone authorised by the Minister only and there doesn't appear to be any authorised people listed anywhere in the regs. That leaves Police only.
The question is, do the words "in a particular case" in s355(5) provide any discretion? For the Tribunal itself, I would think not - at least not without some kind of formal process involving approval from the Minister's office.
There could be some other directive that gives the Tribunal discretion, but I would be surprised if there was. A warrant of this type should only be executed by Police or Officers of a Court anyway. Allowing everyday citizens to forcibly evict other everyday citizens would be asking for a whole heap of trouble - and our hostpitals certainly don't need the extra work.
@Rod - That's what I thought too, but the legislation appears to say otherwise. The word "must" in s355(1) removes any discretion, so it's Police or someone authorised by the Minister only and there doesn't appear to be any authorised people listed anywhere in the regs. That leaves Police only.
The question is, do the words "in a particular case" in s355(5) provide any discretion? For the Tribunal itself, I would think not - at least not without some kind of formal process involving approval from the Minister's office.
There could be some other directive that gives the Tribunal discretion, but I would be surprised if there was. A warrant of this type should only be executed by Police or Officers of a Court anyway. Allowing everyday citizens to forcibly evict other everyday citizens would be asking for a whole heap of trouble - and our hostpitals certainly don't need the extra work.
Code:
355 Warrant of possession
(1) A warrant of possession under this Part must—
(a) ...
(b) be directed—
(i) to a police officer; or
(ii) to an authorised person; and
(c) ...
...
(5) The Minister may authorise any person or class
of persons either generally or in a particular
case to execute warrants of possession.Why have you made this assumption when the power is not provided for in the legislation?
Powers have to be granted for Ministers somewhere and I don't see any here.
OK, sorry my bad. Still doesn't mean VCAT can't authorise anyone else. s.355(5) is not a limiting clause, merely gives additional powers to the Minister.
Actually it does, because the Act doesn't grant that power to the Tribunal or anyone else, only the Minister.
You therefore have:
355(1)(b)(i) - the warrant must be directed to Police; or
355(1)(b)(ii) - the warrant must be directed to an authorised person.
An "authorised person" in s355(1)(b)(ii) is a reference to any person that is authorised under the Act. Since the only clause that deals with that power is s355(5), it can only refer to a person authorised by the Minister under that single clause. The Tribunal itself therefore doesn't have that power - the legislation simply doesn't provide it.
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