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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Courts Legislation (Judicial Appointments) Act
2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Definition of "part-time magistrate" 2
4. Appointment of magistrates 2
5. Appointment of acting magistrates 3
6. Assignment of duties 4
7. Pro-rata salary for part-time magistrates 4
8. Magistrates' Court Act 1989--transitional 5
9. Judicial Remuneration Tribunal Act 1995 5
10. Qualification of County Court judges 6
11. Qualification of masters of the County Court 6
12. Qualification of Masters of the Supreme Court 7
ENDNOTES 8
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PARLIAMENT OF VICTORIA
Initiated in Assembly 21 April 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Magistrates' Court Act 1989 and the Judicial
Remuneration Tribunal Act 1995 to enable magistrates to work on a
part-time basis, to amend the County Court Act 1958 and the
Supreme Court Act 1986 to widen the eligibility criteria for certain
judicial appointments and for other purposes.
Courts Legislation (Judicial
Appointments) Act 2004
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to enable magistrates to work on a part-time
basis;
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Courts Legislation (Judicial Appointments) Act 2004
s. 2
Act No.
(b) to widen the eligibility criteria for
appointment as a magistrate, acting
magistrate, County Court judge, County
Court master or Supreme Court Master.
Victorian Legislation Parliamentary Documents
2. Commencement
5
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Definition of "part-time magistrate"
See: In section 3(1) of the Magistrates' Court Act
Act No.
1989 insert the following definition--
10 51/1989.
Reprint No. 9
' "part-time magistrate" means a magistrate
as at 7 May
2003 and
who--
amending
Act Nos
(a) is appointed on a part-time basis under
27/2002,
section 7; or
28/2003,
39/2003,
(b) has entered into an agreement with the
52/2003,
15
74/2003,
Chief Magistrate under section 13(3);'.
80/2003,
94/2003 and
108/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Appointment of magistrates
(1) After section 7(1) of the Magistrates' Court Act
1989 insert--
"(1A) A magistrate (other than the Chief
20
Magistrate) may be appointed on a full-time
or part-time basis.".
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Courts Legislation (Judicial Appointments) Act 2004
s. 5
Act No.
(2) For section 7(3) of the Magistrates' Court Act
1989 substitute--
"(3) A person is not eligible for appointment as a
magistrate unless he or she--
Victorian Legislation Parliamentary Documents
(a) is or has been a judge or magistrate
5
of--
(i) the High Court of Australia or of a
court created by the Parliament of
the Commonwealth; or
(ii) a court of Victoria or of another
10
State or of the Northern Territory
or the Australian Capital
Territory; or
(b) has been admitted to legal practice in
Victoria, another State, the Northern
15
Territory or the Australian Capital
Territory, or has been enrolled as a
legal practitioner of the High Court of
Australia, for not less than 5 years.".
(3) After section 7(7) of the Magistrates' Court Act
20
1989 insert--
"(8) A part-time magistrate, while undertaking
the duties of a magistrate, has the same
powers, duties, protection and immunity as a
full-time magistrate.
25
(9) A part-time magistrate must not engage in
legal practice at any time during the term of
his or her appointment.".
5. Appointment of acting magistrates
For section 9(2) of the Magistrates' Court Act
30
1989 substitute--
"(2) A person is not eligible for appointment as
an acting magistrate unless he or she has not
attained the age of 70 years and--
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Courts Legislation (Judicial Appointments) Act 2004
s. 6
Act No.
(a) is or has been a judge or magistrate
of--
(i) the High Court of Australia or of a
court created by the Parliament of
Victorian Legislation Parliamentary Documents
the Commonwealth; or
5
(ii) a court of Victoria or of another
State or of the Northern Territory
or the Australian Capital
Territory; or
(b) has been admitted to legal practice in
10
Victoria, another State, the Northern
Territory or the Australian Capital
Territory, or has been enrolled as a
legal practitioner of the High Court of
Australia, for not less than 5 years.".
15
6. Assignment of duties
After section 13(2) of the Magistrates' Court Act
1989 insert--
"(3) A magistrate, although not appointed on a
part-time basis, may, by agreement in
20
writing entered into with the Chief
Magistrate, undertake the duties of a
magistrate on a part-time basis.".
7. Pro-rata salary for part-time magistrates
(1) In Schedule 1 to the Magistrates' Court Act
25
1989, in clause 2--
(a) at the end of paragraph (a) insert "or";
(b) after paragraph (a) insert--
"(b) in the case of a part-time magistrate
who is a Deputy Chief Magistrate, a
30
pro-rata amount of the salary referred to
in paragraph (a).".
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Courts Legislation (Judicial Appointments) Act 2004
s. 8
Act No.
(2) In Schedule 1 to the Magistrates' Court Act
1989, in clause 3--
(a) at the end of paragraph (a) insert "or";
Victorian Legislation Parliamentary Documents
(b) after paragraph (a) insert--
"(b) in the case of a part-time magistrate, a
5
pro-rata amount of the salary referred to
in paragraph (a).".
(3) In Schedule 1 to the Magistrates' Court Act
1989, in clause 9, for "Nothing" substitute
"Subject to clauses 2(b) and 3(b), nothing".
10
8. Magistrates' Court Act 1989--transitional
In Schedule 8 to the Magistrates' Court Act
1989, after clause 29 insert--
"30. A person is eligible for appointment as a magistrate
15 under section 7 if the person was, immediately before
the commencement of section 4(2) of the Courts
Legislation (Judicial Appointments) Act 2004,
eligible for appointment under section 7(3)(b) as then
in force.".
9. Judicial Remuneration Tribunal Act 1995
20
See:
In section 3 of the Judicial Remuneration Act No.
Tribunal Act 1995, in the definition of "holder of 22/1995 and
amending
an office"-- Act Nos
46/1998,
(a) in paragraph (h), after "Magistrates" insert 1/2000 and
"(whether full-time or part-time)";
25 4/2002.
LawToday:
(b) in paragraph (i), after "the Magistrates" www.dms.
dpc.vic.
insert "(whether full-time or part-time)". gov.au
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Courts Legislation (Judicial Appointments) Act 2004
s. 10
Act No.
10. Qualification of County Court judges
See: (1) In section 8(1) of the County Court Act 1958
Act No. 6230.
omit "each of whom shall be a practitioner of the
Reprint No. 10
as at Supreme Court of not less than 7 years' standing;".
Victorian Legislation Parliamentary Documents
27 September
2001 and
(2) After section 8(1) of the County Court Act 1958
5 amending
insert--
Act Nos
107/1986,
"(1A) A person is not eligible for appointment as
4/2002,
11/2002 and
Chief Judge or a judge unless the person--
39/2003.
LawToday:
(a) is or has been a judge or magistrate
www.dms.
of--
dpc.vic.
10
gov.au
(i) the High Court of Australia or of a
court created by the Parliament of
the Commonwealth; or
(ii) a court of Victoria or of another
State or of the Northern Territory
15
or the Australian Capital
Territory; or
(b) has been admitted to legal practice in
Victoria, another State, the Northern
Territory or the Australian Capital
20
Territory, or has been enrolled as a
legal practitioner of the High Court of
Australia, for not less than 5 years.".
11. Qualification of masters of the County Court
For section 17A(3) of the County Court Act
25
1958 substitute--
"(3) A person shall not be appointed a master
unless the person--
(a) is or has been a judge or magistrate
of--
30
(i) the High Court of Australia or of a
court created by the Parliament of
the Commonwealth; or
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Courts Legislation (Judicial Appointments) Act 2004
s. 12
Act No.
(ii) a court of Victoria or of another
State or of the Northern Territory
or the Australian Capital
Territory; or
Victorian Legislation Parliamentary Documents
(b) has been admitted to legal practice in
5
Victoria, another State, the Northern
Territory or the Australian Capital
Territory, or has been enrolled as a
legal practitioner of the High Court of
Australia, for not less than 5 years.".
10
12. Qualification of Masters of the Supreme Court
See:
For section 104(3) of the Supreme Court Act Act No.
1986 substitute-- 110/1986.
Reprint No. 4
"(3) A person must not be appointed as Senior as at 1 June
2001 and
Master, Master, Registrar of the Court of
15 amending
Appeal, Listing Master, Registrar of Act Nos
44/2001,
Criminal Appeals or Taxing Master unless 11/2002 and
that person-- 71/2003.
LawToday:
(a) is or has been a judge or magistrate www.dms.
dpc.vic.
of--
20 gov.au
(i) the High Court of Australia or of a
court created by the Parliament of
the Commonwealth; or
(ii) a court of Victoria or of another
State or of the Northern Territory
25
or the Australian Capital
Territory; or
(b) has been admitted to legal practice in
Victoria, another State, the Northern
Territory or the Australian Capital
30
Territory, or has been enrolled as a
legal practitioner of the High Court of
Australia, for not less than 5 years.".
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Courts Legislation (Judicial Appointments) Act 2004
Endnotes
Act No.
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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551156B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004
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