VPRS 8345 Appeal Files (Planning) [Sample Only Retained]

Full description

The files in this series were created by VA 1408 Planning Appeals Board (PAB), from December 1981 to August 1987, and the Planning Division of VA 2659 Administrative Appeals Tribunal from August 1987 to December 1988. The files are those created to record the process and result of appeals against, and applications relating to, decisions made by a variety of bodies in planning matters.

The PAB was created by the Planning Appeals Board Act 1980 (No. 9512) which came into operation on 1 December 1981. The PAB assumed the jurisdiction of several former authorities, which Act 9512 specified as:

- the Town Planning Appeals Tribunal (VA 598),
- the Environment Protection Appeal Board,
- any arbitrator appointed under section 569 AA(1A) of the Local Government Act 1958,
- the Drainage Tribunal,
- the Health Commission of Victoria established under the Health Commission Act 1977 in exercising its jurisdiction under section 95 of the Health Act 1958,
- the Minister administering the Port Phillip Authority Act 1966 in exercising his jurisdiction under section 9 of that Act.

Records of the Town Planning Appeals Tribunal have been transferred into archival custody in VPRS 3153 Town Planning Appeal Files, which is a previous series to this series. Some files in that series, especially those created late in 1981, relate to appeals that may have been heard by the PAB after December 1981.

The Planning Appeals (Amendment) Act (No. 9 of 1987) created the Planning Division of the AAT. From 1 August 1987 the PAB ceased to exist and all of its functions current at that time were assumed by the Planning Division of the AAT. The Planning Division continued to create appeal files in the sequence of annual single number file numbers commenced by the PAB at the beginning of 1987.

With the creation of the Planning Division, the AAT acquired a third division, the other two being the General and Taxation Divisions. Appeal files created by the Taxation and General Divisions were created in a sequence separate to the Planning Division appeal files. The records were physically stored separately and separate control records were created.

In July 1989, AAT began to use the Courtlink Case Management computer system to manage its records. Using the Courtlink system, file numbers were generated for appeal files created by all Divisions of the AAT in a single sequence, rather than in a sequence for Planning Appeal files and a separate sequence for General and Taxation appeal files. In anticipation of the link to the Courtlink system, the AAT commenced the single file number sequence from the beginning of 1989. This series is therefore determined to have ended in 1988. The subsequent series to this series is VPRS 8347 Appeal Files [Sample Only Retained] which contains the appeal files created by AAT from 1 January 1989.

The end series date of this series has been artificially extended to allow a previous/subsequent relationship to be entered on the database.

A personal computer (PC) based file registration system (known as 'the Webster system') was employed until July 1989 by the Planning Division and, possibly, by the PAB earlier. All data from that system has been lost and no hard copy indexes or other control records were apparently generated from that system. A card index, known as 'the green card index', was, however, also maintained. The card index has been registered as VPRS 8348 Card Index to Appeal Files, Planning.

A register of appeals in volume format was maintained initially by the Town Planning Appeals Tribunal and continued by the PAB and the Planning division until July 1989. These registers have been registered as VPRS 8376. They register every planning appeal file created from 1969 to July 1989. Entries in the registers were arranged sequentially by appeal number.

From July 1989 the green card index was discontinued. From that date the Courtlink system provided access to appeal files for AAT staff. An annual hard copy (paper or microfiche) index to all files is to be generated from the system each year to be transferred to archival custody (see VPRS 8375 Index to Appeal Files [Computer Output Hard Copy]).

In 1991 the Records Disposal Schedule for Records of the Administrative Appeals Tribunal was issued by the Keeper of Public Records as Public Record Office Standard (PROS) 91/10. In accordance with that disposal schedule all classes of records identified as temporary by the schedule were segregated and either marked for destruction or destroyed prior to the transfer of the permanent material into archival custody. PROS 91/10 identifies temporary Planning Division files as:
- refused appeal files,
- files relating to appeals heard where the Tribunal determines not to issue an order or declaration,
- withdrawn applications,
- files not otherwise classified.

The schedule identifies permanent records of the Planning Division as being: all files documenting appeals and claims heard by the Planning Division in relation to:
- drainage matters,
- all granted or amended appeal files,
- an annual random sample of 5 files per 1000 files identified as temporary.

In addition, the Disposal Schedule did not sentence appeal files where the cases were appealed to the Supreme Court.

The P1 consignment contains sample files from 1988.

In preparing the P2 consignment of this series for transfer (which contains PAB and Planning Division appeal files from 1983 to 1987) only the drainage files and granted or amended appeal files were retained. The Schedule was fully implemented for records created from 1988 onwards. At some time prior to the Schedule being issued, all files for the period 1981 to 1982 are believed to have been destroyed by the agency.

A file was created for each appeal or application. The file may have included original applications, documentation relating to the decision being appealed, reports, recommendations, correspondence, copies of relevant permits, conditions and refusals, appeal documentation including (occasionally) transcripts of proceedings, copies of relevant determinations.