VCAT and the Victorian Charter
On 6 September 2011, the Supreme Court, Court of Appeal handed down its decision in Director of Housing v Sudi [2011] VSCA 266. It decided that VCAT, in an application for a possession order under the Residential Tenancies Act 1997 (Vic), did not have the power to consider whether, by making the application for the possession order, the Director of Housing had complied with s 38(1) of the Charter. Section 38(1) states it is unlawful for a public authority to act in a way that is incompatible with, or fail to give proper consideration to, a relevant human right.