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PARLIAMENT OF VICTORIA
Courts Legislation (Miscellaneous Amendments)
Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF MAGISTRATES' COURT ACT 1989 3
3. Witnessing of statements to be tendered at committal
proceedings 3
PART 3--RECOGNITION OF PRIOR SERVICE WITH RESPECT
TO PENSIONS FOR JUDGES 4
4. Constitution Act 1975--Amendment of section 83 4
5. County Court Act 1958--Amendment of section 14 4
PART 4--AMENDMENT OF JUDICIAL REMUNERATION
TRIBUNAL ACT 1995 6
6. Amendment of section 11 6
7. Amendment of section 15 6
PART 5--AMENDMENT OF SENTENCING ACT 1991 7
8. Suspension of drug treatment order until offender attends the
Drug Court 7
i
551262B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Clause Page
PART 6--AMENDMENT OF OTHER ACTS 9
9. Repeal of sections 2(2), 2(3) and 10 of the Magistrates' Court
(Koori Court) Act 2002 9
10. Repeal of sections 2(2), 8, 9 and 14 of the Sentencing
(Amendment) Act 2002 9
11. Amendment of Public Administration Act 2004 in relation to
Legal Ombudsman 9
ENDNOTES 10
ii
551262B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Magistrates' Court Act 1989, the Constitution Act
1975, the County Court Act 1958, the Judicial Remuneration
Tribunal Act 1995, the Sentencing Act 1991 and certain other Acts
and for other purposes.
Courts Legislation (Miscellaneous
Amendments) Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are to--
(a) amend the Magistrates' Court Act 1989 to
authorise certain persons to take statements
5
for committal proceedings;
1
551262B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Courts Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 1--Preliminary
s. 2
(b) amend the Constitution Act 1975 and the
County Court Act 1958 to provide
recognition of certain prior service for
pension purposes;
(c) amend the Judicial Remuneration
5
Tribunal Act 1995 to allow the Attorney-
General to issue certain certificates in
relation to judicial conditions of service and
to allow the Judicial Remuneration Tribunal
to consider additional leave arrangements;
10
(d) amend the Magistrates' Court (Koori
Court) Act 2002 to repeal sunsetting
provisions relating to the Koori Court;
(e) amend the Sentencing Act 1991 in relation
to Drug Court absconders;
15
(f) amend the Sentencing (Amendment) Act
2002 to repeal sunsetting provisions relating
to the Drug Court.
2. Commencement
(1) This Act, except section 11, comes into operation
20
on the day after the day on which it receives the
Royal Assent.
(2) Section 11(1) is deemed to have come into
operation on 5 April 2005.
(3) Section 11(2) comes into operation on the day on
25
which section 6.3.1 of the Legal Profession Act
2004 comes into operation.
__________________
2
551262B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Courts Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Amendment of Magistrates' Court Act 1989
s. 3
See:
PART 2--AMENDMENT OF MAGISTRATES' COURT
Act No.
ACT 1989 51/1989.
Reprint No. 10
as at
3. Witnessing of statements to be tendered at 13 October
committal proceedings 2004
and
In Schedule 5 to the Magistrates' Court Act
5 amending
Act Nos
1989, before clause 8(1)(b)(vii) insert-- 27/2002,
80/2003,
"(vid) an employee of the Australian Postal Corporation who 94/2003,
is appointed by the Corporation to act as a Corporate 68/2004,
Investigator; or 77/2004,
107/2004,
10 (vie) an officer at Australian Public Service level 5 or 108/2004 and
3/2005.
higher who is a member of the National Investigations
LawToday:
Unit of the Department of Education, Science and
www.dms.
Training; or dpc.vic.
gov.au
(vif) an officer at Australian Public Service level 5 or
15 higher who is an Investigator or Investigation
Manager in the Insolvency and Trustee Service
Australia; or".
__________________
3
551262B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Courts Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 3--Recognition of Prior Service with respect to Pensions for Judges
s. 4
PART 3--RECOGNITION OF PRIOR SERVICE WITH
RESPECT TO PENSIONS FOR JUDGES
See: 4. Constitution Act 1975--Amendment of section 83
Act No.
8750.
After section 83(6) of the Constitution Act 1975
Reprint No. 16
insert--
5 as at
8 April 2003
'(6A) For the purposes of sub-section (6)(ab), if a
and
amending
Judge of the Court who immediately prior to
Act Nos
his or her appointment held the office of
2/2003,
37/2003,
Director of Public Prosecutions, Chief
66/2003,
Crown Prosecutor or a Senior Crown
10 110/2003,
38/2004,
Prosecutor (a "relevant office") had also held
39/2004,
another one or two of those relevant offices
73/2004,
108/2004 and
immediately prior to, or successively prior
3/2005.
to, his or her appointment to the last relevant
LawToday:
www.dms.
office held by him or her, then his or her
15 dpc.vic.
service in that other relevant office or those
gov.au
other relevant offices counts as service in the
last of the relevant offices held by him or
her.'.
See: 5. County Court Act 1958--Amendment of section 14
20 Act No.
6230.
After section 14(5) of the County Court Act
Reprint No. 11
1958 insert--
as at
1 July 2004
'(6) For the purposes of sub-section (5)(ab), if a
and
amending
judge under this Act who immediately prior
Act Nos
to his or her appointment held the office of
25 108/2004 and
3/2005.
Director of Public Prosecutions, Chief
LawToday:
Crown Prosecutor or a Senior Crown
www.dms.
dpc.vic.
Prosecutor (a "relevant office") had also held
gov.au
another one or two of those relevant offices
immediately prior to, or successively prior
30
to, his or her appointment to the last relevant
office held by him or her, then his or her
service in that other relevant office or those
other relevant offices counts as service in the
4
551262B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Courts Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 3--Recognition of Prior Service with respect to Pensions for Judges
s. 5
last of the relevant offices held by him or
her.'.
__________________
5
551262B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Courts Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 4--Amendment of Judicial Remuneration Tribunal Act 1995
s. 6
See: PART 4--AMENDMENT OF JUDICIAL REMUNERATION
Act No.
TRIBUNAL ACT 1995
22/1995
and
amending
6. Amendment of section 11
Act Nos
46/1998,
After section 11(1)(c)(i) of the Judicial
1/2000, 4/2002,
Remuneration Tribunal Act 1995 insert--
5 31/2004,
38/2004 and
"(ia) additional annual leave including, but not
108/2004.
LawToday:
limited to, leave under arrangements such as
www.dms.
48/52 schemes;".
dpc.vic.
gov.au
7. Amendment of section 15
For section 15(1)(b) of the Judicial
10
Remuneration Tribunal Act 1995 substitute--
"(b) in the case of a report which is an advisory
opinion which the Attorney-General has
accepted, authorising the adjustment of
salary, allowances and conditions of service
15
or salary or allowances or conditions of
service of holders of an office in accordance
with that report; and
(c) in the case of a report which is an advisory
opinion which the Attorney-General has
20
accepted, authorising the adjustment of
remuneration and conditions of service or
remuneration or conditions of service of
acting judges or acting magistrates in
accordance with that report.".
25
__________________
6
551262B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Courts Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 5--Amendment of Sentencing Act 1991
s. 8
See:
PART 5--AMENDMENT OF SENTENCING ACT 1991
Act No.
49/1991.
8. Suspension of drug treatment order until offender Reprint No. 7
as at
attends the Drug Court 1 January
2004
(1) After section 18ZN(3) of the Sentencing Act and
1991 insert--
5 amending
Act Nos
"(3A) If notice of the hearing concerning the 10/2004,
20/2004,
cancellation of the treatment and supervision 49/2004,
part of a drug treatment order-- 59/2004,
65/2004,
87/2004,
(a) has been given to the offender or has 108/2004 and
been, to the satisfaction of the Drug
10 110/2004.
LawToday:
Court, attempted to be given to the www.dms.
offender but the attempt is not dpc.vic.
gov.au
successful; and
(b) the offender does not attend for the
hearing--
15
then the treatment and supervision part of the
drug treatment order is suspended and the
period between the failure to attend the
hearing and the day on which the offender
does attend the Drug Court for the hearing
20
does not count in calculating the period for
which that part of the order operates.".
(2) After section 18ZP(4) of the Sentencing Act 1991
insert--
"(4A) If notice of the hearing concerning the
25
cancellation of the treatment and supervision
part of a drug treatment order--
(a) has been given to the offender or has
been, to the satisfaction of the Drug
Court, attempted to be given to the
30
offender but the attempt is not
successful; and
7
551262B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Courts Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 5--Amendment of Sentencing Act 1991
s. 8
(b) the offender does not attend for the
hearing--
then the treatment and supervision part of the drug
treatment order is suspended and the period
between the failure to attend the hearing and the
5
day on which the offender does attend the Drug
Court for the hearing does not count in calculating
the period for which that part of the order
operates.".
__________________
8
551262B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Courts Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 6--Amendment of Other Acts
s. 9
PART 6--AMENDMENT OF OTHER ACTS
9. Repeal of sections 2(2), 2(3) and 10 of the
Magistrates' Court (Koori Court) Act 2002
Sections 2(2), 2(3) and 10 of the Magistrates'
Court (Koori Court) Act 2002 are repealed.
5
10. Repeal of sections 2(2), 8, 9 and 14 of the Sentencing
(Amendment) Act 2002
Sections 2(2), 8, 9 and 14 of the Sentencing
(Amendment) Act 2002 are repealed.
11. Amendment of Public Administration Act 2004 in
10
relation to Legal Ombudsman
(1) After section 16(1)(f) of the Public
Administration Act 2004 insert--
"(fa) the Legal Ombudsman in relation to the
office of the Legal Ombudsman;".
15
(2) Section 16(1)(fa) of the Public Administration
Act 2004 is repealed.
9
551262B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
Courts Legislation (Miscellaneous Amendments) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
10
551262B.I1-17/5/2005 BILL LA INTRODUCTION 17/5/2005
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