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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Courts Legislation Amendment (Judicial Education
and Other Matters) Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--JUDICIAL EDUCATION 3
3 New Division 6 inserted in Part 2 of the Supreme Court Act
1986 3
Division 6--Professional development and training 3
28A Professional development and training 3
4 New Division 3AA inserted in Part I of the County Court Act
1958 4
Division 3AA--Professional development and training 4
17AAA Professional development and training 4
5 New section 13B substituted in the Magistrates' Court
Act 1989 5
13B Professional development and training 5
6 New Division 5 inserted in Part 2 of the Victorian Civil and
Administrative Tribunal Act 1998 6
Division 5--Professional development and training 6
38A Professional development and training 6
7 Consequential amendment 6
PART 3--OTHER MATTERS 7
8 Commissions of Judges 7
9 Judicial pensions 7
10 Masters may constitute Court of Appeal 8
11 Appeals to the Court of Appeal from the County Court 8
561048B.I-22/5/2007 i BILL LA INTRODUCTION 22/5/2007
Clause Page
12 Continuation of Koori Court (Criminal Division) of the
Children's Court 9
13 Repeal of Act 10
ENDNOTES 11
561048B.I-22/5/2007 ii BILL LA INTRODUCTION 22/5/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Courts Legislation Amendment
(Judicial Education and Other Matters)
Bill 2007
A Bill for an Act to amend the Constitution Act 1975, the County
Court Act 1958, the Supreme Court Act 1986, the Magistrates'
Court Act 1989, the Victorian Civil and Administrative Tribunal
Act 1998 and the Children, Youth and Families Act 2005 and for
other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Supreme Court Act 1986, the
5 County Court Act 1958, the Magistrates'
Court Act 1989 and the Victorian Civil
and Administrative Tribunal Act 1998 to
provide for the professional development and
561048B.I-22/5/2007 1 BILL LA INTRODUCTION 22/5/2007
Courts Legislation Amendment (Judicial Education and Other Matters) Bill
2007
Part 1--Preliminary
s. 2
continuing education and training of judicial
officers;
(b) to amend the Constitution Act 1975 in
relation to the appointment, resignation and
5 retirement of Supreme Court Judges and the
entitlement of certain Judges or their spouses
to a pension;
(c) to amend the Constitution Act 1975 and the
Supreme Court Act 1986 to enable a
10 Supreme Court Master to constitute the
Court of Appeal in certain proceedings;
(d) to amend the County Court Act 1958 in
relation to appeals to the Court of Appeal in
civil proceedings;
15 (e) to amend the Children, Youth and Families
Act 2005 to provide for the Koori Court
(Criminal Division) of the Children's Court
to continue until 1 July 2009.
2 Commencement
20 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
561048B.I-22/5/2007 2 BILL LA INTRODUCTION 22/5/2007
Courts Legislation Amendment (Judicial Education and Other Matters) Bill
2007
Part 2--Judicial Education
s. 3
PART 2--JUDICIAL EDUCATION
3 New Division 6 inserted in Part 2 of the Supreme See:
Act No.
Court Act 1986 110/1986.
Reprint No. 6
After Division 5 of Part 2 of the Supreme Court as at
28 April 2006
5 Act 1986 insert-- and
amending
"Division 6--Professional development and Act No.
48/2006.
training LawToday:
www.
legislation.
28A Professional development and training vic.gov.au
(1) In this section--
10 judicial officer means--
(a) a Judge or acting Judge of the
Court; or
(b) a Master.
(2) The Chief Justice is responsible for directing
15 the professional development and continuing
education and training of judicial officers.
(3) In discharging his or her responsibility under
subsection (2) the Chief Justice may direct--
(a) all judicial officers; or
20 (b) a specified class of judicial officer; or
(c) a specified judicial officer--
to participate in a specified professional
development or continuing education and
training activity.
25 (4) A direction under subsection (3) may be
given orally or in writing.".
561048B.I-22/5/2007 3 BILL LA INTRODUCTION 22/5/2007
Courts Legislation Amendment (Judicial Education and Other Matters) Bill
2007
Part 2--Judicial Education
s. 4
4 New Division 3AA inserted in Part I of the County
Court Act 1958
See: After Division 3 of Part I of the County Court
Act No.
6230. Act 1958 insert--
Reprint No. 12
as at
5 28 April 2006 "Division 3AA--Professional development and
and training
amending
Act Nos
22/2006 and 17AAA Professional development and training
50/2006
LawToday: (1) In this section--
www.
legislation. judicial officer means--
vic.gov.au
10 (a) a judge; or
(b) a master of the court.
(2) The Chief Judge is responsible for directing
the professional development and continuing
education and training of judicial officers.
15 (3) In discharging his or her responsibility under
subsection (2) the Chief Judge may direct--
(a) all judicial officers; or
(b) a specified class of judicial officer; or
(c) a specified judicial officer--
20 to participate in a specified professional
development or continuing education and
training activity.
(4) A direction under subsection (3) may be
given orally or in writing.".
561048B.I-22/5/2007 4 BILL LA INTRODUCTION 22/5/2007
Courts Legislation Amendment (Judicial Education and Other Matters) Bill
2007
Part 2--Judicial Education
s. 5
5 New section 13B substituted in the Magistrates'
Court Act 1989
For section 13B of the Magistrates' Court Act See:
Act No.
1989 substitute-- 51/1989.
Reprint No. 12
5 "13B Professional development and training as at
1 October
(1) In this section-- 2006
and
judicial officer means-- amending
Act Nos
77/2004,
(a) a magistrate or acting magistrate; 62/2005,
or 2/2006,
48/2006,
10 (b) a judicial registrar; or 51/2006,
76/2006,
(c) the principal registrar, a registrar 79/2006 and
13/2007.
or a deputy registrar. LawToday:
www.
(2) The Chief Magistrate is responsible for legislation.
vic.gov.au
directing the professional development and
15 continuing education and training of judicial
officers.
(3) In discharging his or her responsibility under
subsection (2) the Chief Magistrate may
direct--
20 (a) all judicial officers; or
(b) a specified class of judicial officer; or
(c) a specified judicial officer--
to participate in a specified professional
development or continuing education and
25 training activity.
(4) A direction under subsection (3) may be
given orally or in writing.".
561048B.I-22/5/2007 5 BILL LA INTRODUCTION 22/5/2007
Courts Legislation Amendment (Judicial Education and Other Matters) Bill
2007
Part 2--Judicial Education
s. 6
6 New Division 5 inserted in Part 2 of the Victorian
Civil and Administrative Tribunal Act 1998
See: After Division 4 of Part 2 of the Victorian Civil
Act No.
53/1998. and Administrative Tribunal Act 1998 insert--
Reprint No. 5
as at
5 1 April 2007 "Division 5--Professional development and
and training
amending
Act Nos
18/2003, 38A Professional development and training
97/2005,
16/2006, (1) The President is responsible for directing the
23/2006,
24/2006, professional development and continuing
10 48/2006 and education and training of members.
69/2006.
LawToday: (2) In discharging his or her responsibility under
www.
legislation. subsection (1) the President may direct--
vic.gov.au
(a) all members; or
(b) a specified class of member; or
15 (c) a specified member--
to participate in a specified professional
development or continuing education and
training activity.
(3) A direction under subsection (2) may be
20 given orally or in writing.".
7 Consequential amendment
In section 30(2) of the Victorian Civil and
Administrative Tribunal Act 1998 omit "and for
directing the professional development and
25 training of members".
__________________
561048B.I-22/5/2007 6 BILL LA INTRODUCTION 22/5/2007
Courts Legislation Amendment (Judicial Education and Other Matters) Bill
2007
Part 3--Other Matters
s. 8
PART 3--OTHER MATTERS
8 Commissions of Judges
(1) In section 75B(2) of the Constitution Act 1975 See:
Act No.
after "Governor" insert "by commission". 8750.
Reprint No. 18
5 (2) In section 77(4)(d) of the Constitution Act 1975 as at
31 October
for "years." substitute "years; or". 2006
and
(3) After section 77(4)(d) of the Constitution Act amending
1975 insert-- Act No.
24/2006.
"(e) on the resignation in writing of the judge at LawToday:
www.
10 any time before attaining the age specified in legislation.
whichever of paragraphs (a), (b), (c) or (d) is vic.gov.au
applicable to the judge.".
(4) In section 83(1C) of the Constitution Act 1975--
(a) for "retire" substitute "resign in writing";
15 (b) for "retirement" substitute "resignation".
9 Judicial pensions
(1) After section 83(1C) of the Constitution Act
1975 insert--
"(1D) A person who--
20 (a) having resigned from the office of
Judge of the Court in the circumstances
set out in subsection (1C); and
(b) before attaining the age of 65 years has
become afflicted with some permanent
25 incapacity which, had he or she not
resigned, would have disabled him or
her from the due execution of his or her
office--
is entitled, on becoming so afflicted, to a
30 pension payable fortnightly at the rate of the
pension that would have been payable under
subsection (1C) if he or she had attained the
561048B.I-22/5/2007 7 BILL LA INTRODUCTION 22/5/2007
Courts Legislation Amendment (Judicial Education and Other Matters) Bill
2007
Part 3--Other Matters
s. 10
age of 65 years before becoming so
afflicted.".
(2) In section 83(2)(b) of the Constitution Act 1975
for "(1)" substitute "(1), (1A), (1B), (1C) or
5 (1D)".
10 Masters may constitute Court of Appeal
(1) After section 75A(2) of the Constitution Act
1975 insert--
"(2A) The Court of Appeal may be constituted by a
10 Master in the case of a proceeding for which
provision is made by an Act or enactment or
by rules of court for the Court of Appeal to
be so constituted.".
(2) In section 11(4) of the Supreme Court Act 1986
15 after "Judge of Appeal" insert "or a Master".
(3) For section 11(5) of the Supreme Court Act
1986 substitute--
"(5) The Court of Appeal may discharge or vary a
judgment, order or direction given or made
20 by a single Judge of Appeal or a Master.".
(4) After section 11(6) of the Supreme Court Act
1986 insert--
"(7) Subject to subsection (5), a judgment, order
or direction given or made by a Master when
25 exercising the jurisdiction and powers of the
Court of Appeal has effect as a judgment,
order or direction of the Court of Appeal.".
11 Appeals to the Court of Appeal from the County
Court
30 (1) In section 74(1) of the County Court Act 1958
for "Any" substitute "Subject to this section,
any".
561048B.I-22/5/2007 8 BILL LA INTRODUCTION 22/5/2007
Courts Legislation Amendment (Judicial Education and Other Matters) Bill
2007
Part 3--Other Matters
s. 12
(2) After section 74(2D) of the County Court Act
1958 insert--
"(2E) An appeal does not lie to the Court of Appeal
from a judgment or order of the court as to
5 costs which are in the discretion of the court,
being a judgment or order made on or after
the commencement of section 11 of the
Courts Legislation Amendment (Judicial
Education and Other Matters) Act 2007,
10 except with the leave of the Court of Appeal
or of the judge constituting the court which
gave the judgment or made the order.".
(3) For section 74(4) of the County Court Act 1958
substitute--
15 "(4) Except so far as the Court of Appeal or the
County Court otherwise orders, an appeal
from a judgment or order made on or after
the commencement of section 11 of the
Courts Legislation Amendment (Judicial
20 Education and Other Matters) Act 2007
does not operate as a stay of execution or of
proceedings under the judgment or order.".
12 Continuation of Koori Court (Criminal Division) of
the Children's Court
25 In section 2(3) of the Children, Youth and See:
Act No.
Families Act 2005 for "1 July 2007" substitute 96/2005.
"1 July 2009". Reprint No. 1
as at 23 April
2007
and
amending
Act Nos
97/2005,
23/2006,
24/2006,
29/2006,
51/2006 and
81/2006.
LawToday:
www.
legislation.
vic.gov.au
561048B.I-22/5/2007 9 BILL LA INTRODUCTION 22/5/2007
Courts Legislation Amendment (Judicial Education and Other Matters) Bill
2007
Part 3--Other Matters
s. 13
13 Repeal of Act
This Act is repealed on the first anniversary of its
commencement.
561048B.I-22/5/2007 10 BILL LA INTRODUCTION 22/5/2007
Courts Legislation Amendment (Judicial Education and Other Matters) Bill
2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561048B.I-22/5/2007 11 BILL LA INTRODUCTION 22/5/2007
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