VCAT fee structure modified following community feedback

Attorney-General Robert Clark today announced that the Government has modified key elements of the proposed new VCAT fee structure after considering community feedback from Regulatory Impact Statement consultations

Objectors in planning applications will not be liable to pay any fees if they oppose an application to VCAT by a developer, and those bringing consumer, building or owner corporation claims worth less than $500 will continue to pay a fee only at the low “community fee” level.

As well, separate fees will no longer be charged for mediations, with user contributions to mediation costs instead being covered from commencement fees.

“The Government has listened and responded to key issues raised during public consultations,” Mr Clark said.

“At the same time, the new fee structure will restore a reasonable balance between taxpayer and user funding and provide VCAT with additional funds so it can hear more cases more quickly.

“Most fees payable by VCAT users will remain well below the full cost of VCAT proceedings, and many lists will continue to have no fee and low fee arrangements.

“Waiver and fee reduction provisions will also continue to apply in cases of hardship.”

“The previous Labor government failed to keep VCAT fees in line with the costs of running VCAT, meaning that an increasing and unreasonable share of the costs of running VCAT has been falling on taxpayers,” Mr Clark said.

Mr Clark said that after carefully considering the more than 250 submissions received as part of the RIS process that commenced in December last year, the Government intended to alter the new fee structure so that:
•fair trading, domestic building and owners corporation claims worth less than $500 will continue to pay a fee at the ”community fee” level, of $43.90 when the new fees take effect.
•separate mediation fees will no longer be charged, with a portion of the costs of mediation instead being recovered through an addition to application fees. A standard application fee in a planning matter will be $785.60 when the new fees take effect.
•fees for claims about non-compliance with or improper issue of planning permits will also remain at the “community fee” level.

As at present, an applicant seeking to overturn a decision made by a Council on behalf of the local community about granting a planning permit or the conditions attached to it will continue to pay the standard application fee.

The new fee structure will take effect on 1 June 2013.