Do remittals to VCAT following an appeal require a reconstituted Tribunal?

In Seventh Day Adventist (Victorian Conference) Limited v Casey CC [2011] VCAT 1032 the Tribunal has considered the question of whether the Tribunal should be reconstituted following a successful appeal to the Supreme Court.

In its reasons for decision the Tribunal identifies the successful grounds for appeal and the reasons of the Supreme Court. The Tribunal grapples with the question whether the Supreme Court in its reasons had made a direction pursuant to section  148(7) and 8 of the Victorian Civil and Administrative Act or whether it has given advice or guidance in relation to the constitution of the Tribunal on remittal.

The Tribunal concludes that the Court’s reasons in Casey City CouncilSeventh Day Adventist (Victorian Conference) Limited [2010] VSC 635 contain a direction that the Tribunal should be constituted by the same members who made the original order.