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PARLIAMENT OF VICTORIA
Courts Legislation Amendment (Associate Judges)
Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--ASSOCIATE JUDGES OF THE SUPREME COURT 3
Division 1--Amendment of the Constitution Act 1975 3
3 Definitions 3
4 Supreme Court of the State of Victoria 3
5 Divisions of the Court 3
6 Qualification and appointment of Judges 4
7 References to Payroll Tax Act updated 4
8 As to pensions of Judges of the Supreme Court and their
spouses and children 4
9 Salaries 5
10 Power to Judges to award habeas corpus 5
11 Court not to be required to exercise jurisdiction where
jurisdiction conferred on other bodies 5
12 Definitions--Part IIIAA 5
Division 2--Amendment of the Supreme Court Act 1986 6
13 Definitions 6
14 Robing of Judges 6
15 New section 9B inserted 6
9B Titles of Associate Judges 6
16 Jurisdiction and powers 7
17 Way in which Court of Appeal may be constituted 7
18 Business to be disposed of by Trial Division constituted by a
Judge 7
19 Restriction on appeals and references of matters to Court of
Appeal 8
20 Power to act in cases relating to rates and taxes 9
21 Vexatious litigants 9
22 Power to make Rules 9
561143B.I-27/2/2008 i BILL LA INTRODUCTION 27/2/2008
Clause Page
23 Manner of making Rules 10
24 Council of Judges 10
25 Professional development and training 10
26 Minors to become wards only by order and proceeding to test
legality of by-laws 11
27 Part 7 heading substituted 11
28 Section 104 substituted 11
104 Appointment of Associate Judges 11
29 Pension entitlements 14
30 Election to commute pension 16
31 Actuary's calculations after election to commute 16
32 Election to commute for payment of surcharge and actuary's
calculations 17
33 Payment and commutation of pension 18
34 Election by spouse and children to commute pensions for
payment of surcharge and actuary's calculations 18
35 Payment and commutation of pensions of spouse and children 19
36 Section 105 substituted and new section 105A inserted 19
105 Acting Associate Judges 19
105A Acting Senior Master 20
37 Power to employ officers 20
38 Functions of Associate Judges 20
39 New section 109A inserted 20
109A Chief Justice responsible for business of Associate
Judges 20
40 Section 110 substituted 21
110 Functions of the Senior Master 21
41 Sections 111 and 111A substituted 21
111 Functions of Associate Judges 21
111A Functions of Registrar of the Court of Appeal 21
42 Section 112 substituted 22
112 Functions of the Registrar of Criminal Appeals and
Taxing Master 22
PART 3--ASSOCIATE JUDGES OF THE COUNTY COURT 24
43 Definitions 24
44 New section 3BA inserted 24
3BA Associate judge may exercise jurisdiction of court 24
45 Establishment of the County Court 24
46 Judge to hold court where directed and appoint days of sitting 25
47 Protection of judges and associate judges 25
48 Salaries 25
49 Provision for pensions 25
50 Section 15 substituted 26
15 Power to exercise functions of judge or associate
judge by another 26
561143B.I-27/2/2008 ii BILL LA INTRODUCTION 27/2/2008
Clause Page
51 Professional development and training 26
52 Division heading amended 26
53 Section 17A substituted 27
17A Associate judges 27
54 New section 17ABA inserted 28
17ABA Functions of associate judges 28
55 Salaries and allowances 28
56 Amendments relating to pension entitlements 29
57 Election to commute future pensions for payment of
superannuation contributions surcharge 31
58 Actuary's calculations 31
59 Election to commute 32
60 Actuary's calculations after election to commute 32
61 Payment and commutation of pensions 33
62 Election of spouses and eligible children to commute pensions
for payment of surcharge 33
63 Actuary's calculation of reduction of pensions of spouses and
eligible children 33
64 Payment and commutation of pensions 34
65 Power to registrar to administer oaths 34
66 Arbitration by judge 34
67 Court may award costs where action or matter is struck out for
want of jurisdiction 34
68 Jury may be had on re-hearing of County Court proceeding in
Supreme Court 35
69 Appeal to the Court of Appeal 35
70 New section 75 inserted 35
75 Appeal from court constituted by associate judge to
Trial Division of the Supreme Court 35
71 Power to make rules of practice and Council of Judges 36
PART 4--TRANSITIONAL PROVISIONS 37
72 Section 92 inserted--County Court Act 1958 37
92 Transitional provisions--Courts Legislation
Amendment (Associate Judges) Act 2008 37
73 Sections 142 to 144 inserted--Supreme Court Act 1986 38
142 References 38
143 Masters to become Associate Judges 38
144 Pension entitlements 40
PART 5--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS 42
74 Accident Compensation Act 1985 42
75 Administration and Probate Act 1958 42
76 Courts (Case Transfer) Act 1991 42
77 Crimes Act 1958 42
561143B.I-27/2/2008 iii BILL LA INTRODUCTION 27/2/2008
Clause Page
78 Evidence Act 1958 43
79 Instruments Act 1958 43
80 Judicial College of Victoria Act 2001 43
81 Judicial Remuneration Tribunal Act 1995 44
82 Judicial Salaries Act 2004 44
83 Land Acquisition and Compensation Act 1986 47
84 Legal Profession Act 2004 47
85 Property Law Act 1958 47
86 Prostitution Control Act 1994 48
87 Public Administration Act 2004 48
88 Trustee Act 1958 48
PART 6--GENERAL 49
89 Statute law revision--Supreme Court Act 1986 49
90 Statute law revision--County Court Act 1958 49
91 Repeal of Act 49
ENDNOTES 50
561143B.I-27/2/2008 iv BILL LA INTRODUCTION 27/2/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Courts Legislation Amendment
(Associate Judges) Bill 2008
A Bill for an Act to amend the Constitution Act 1975, the Supreme
Court Act 1986 and the County Court Act 1958 to replace the office
of Master of the Supreme Court and master of the County Court with
the office of Associate Judge, to consequentially amend other
legislation and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to replace the
office of Master of the Supreme Court and master
5 of the County Court with the office of Associate
Judge.
561143B.I-27/2/2008 1 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 1--Preliminary
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 31 December 2009, it comes into
operation on that day.
__________________
561143B.I-27/2/2008 2 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 3
PART 2--ASSOCIATE JUDGES OF THE SUPREME COURT
Division 1--Amendment of the Constitution Act 1975
3 Definitions
In section 5 of the Constitution Act 1975-- See:
Act No.
8750.
5 (a) insert the following definitions-- Reprint No. 18
as at
"Associate Judge means an Associate Judge 31 October
of the Court referred to in 2006
and
section 75(4); amending
Act Nos
Judge of the Court means a Judge of the 24/2006 and
10 Court referred to in section 75(3);"; 24/2007.
LawToday:
www.
(b) the definition of Master is repealed. legislation.
vic.gov.au
4 Supreme Court of the State of Victoria
(1) In section 75(2) of the Constitution Act 1975 for
"Masters" substitute "Associate Judges".
15 (2) For section 75(4) of the Constitution Act 1975
substitute--
"(4) The Associate Judges of the Court are the
Associate Judges appointed from time to
time under section 104 of the Supreme
20 Court Act 1986, including an Associate
Judge who is the Senior Master.".
5 Divisions of the Court
In section 75A of the Constitution Act 1975--
(a) in subsection (2A) for "a Master" substitute
25 "an Associate Judge";
(b) in subsection (4) for "a Master" substitute
"an Associate Judge".
561143B.I-27/2/2008 3 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 6
6 Qualification and appointment of Judges
In section 75B of the Constitution Act 1975--
(a) in subsection (1), after "a Judge" insert
"of the Court";
5 (b) in subsection (2), after "Judges" insert
"of the Court".
7 References to Payroll Tax Act updated
In the Constitution Act 1975--
(a) in section 80D(14)(c), for "pay-roll tax
10 payable under the Pay-roll Tax Act 1971"
substitute "payroll tax payable under the
Payroll Tax Act 2007";
(b) in section 82(7)(c), for "pay-roll tax payable
under the Pay-roll Tax Act 1971" substitute
15 "payroll tax payable under the Payroll Tax
Act 2007".
8 As to pensions of Judges of the Supreme Court and
their spouses and children
In section 83(6) of the Constitution Act 1975--
20 (a) in paragraph (aa), for "Master" (where twice
occurring) substitute "Associate Judge";
(b) in paragraph (ac)--
(i) in subparagraph (i), after "Master"
insert "or Associate Judge";
25 (ii) in subparagraph (ii), after "master of
the County Court or" insert
"an associate judge of the County Court
or a master or associate judge (however
described)".
561143B.I-27/2/2008 4 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 9
9 Salaries
(1) Insert the following heading to section 83A of the
Constitution Act 1975--
"Salaries of Associate Judges".
5 (2) In section 83A of the Constitution Act 1975--
(a) in subsections (1) and (2), for "master"
substitute "Associate Judge";
(b) in subsection (3), for "masters" substitute
"Associate Judges";
10 (c) in subsection (4)--
(i) for "masters" (wherever occurring)
substitute "Associate Judges";
(ii) in paragraph (c), for "pay-roll tax
payable under the Pay-roll Tax Act
15 1971" substitute "payroll tax payable
under the Payroll Tax Act 2007".
10 Power to Judges to award habeas corpus
In section 86 of the Constitution Act 1975, after
"a Judge" insert "of the Court".
20 11 Court not to be required to exercise jurisdiction
where jurisdiction conferred on other bodies
In section 87(2) of the Constitution Act 1975--
(a) for "a Master" substitute "an Associate
Judge";
25 (b) for "or Master" (where twice occurring)
substitute "or Associate Judge".
12 Definitions--Part IIIAA
In section 87AAA of the Constitution Act 1975,
in the definition of judicial office--
30 (a) in paragraph (b), for "Master" substitute
"Associate Judge";
561143B.I-27/2/2008 5 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 13
(b) in paragraph (d), for "master" substitute
"associate judge".
Division 2--Amendment of the Supreme Court Act 1986
13 Definitions
5 In section 3(1) of the Supreme Court Act 1986--
See: (a) insert the following definitions--
Act No.
110/1986.
Reprint No. 6
"Associate Judge means an Associate Judge
as at appointed under section 104 and
28 April 2006
and
referred to in section 75(4) of the
10 amending Constitution Act 1975;
Act Nos
48/2006 and Judge of the Court means a Judge of the
24/2007.
LawToday: Court referred to in section 75(3) of the
www. Constitution Act 1975;";
legislation.
vic.gov.au (b) in the definition of court official, in
15 paragraph (c) after "Judge" insert
"or Associate Judge";
(c) the definition of Master is repealed.
14 Robing of Judges
In section 9A of the Supreme Court Act 1986,
20 after "of Judges" insert "of the Court".
15 New section 9B inserted
After section 9A of the Supreme Court Act 1986
insert--
"9B Titles of Associate Judges
25 Subject to this Act, the Chief Justice, after
consultation with the Council of Judges, may
determine all matters pertaining to the title of
any Associate Judge.".
561143B.I-27/2/2008 6 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 16
16 Jurisdiction and powers
(1) In section 10(1)(a) of the Supreme Court Act
1986, after "by a Judge" insert "of the Court".
(2) After section 10(1)(a) of the Supreme Court Act
5 1986 insert--
"(ab) all appeals from the Trial Division
constituted by an Associate Judge which the
Rules specify are to be heard and determined
by the Court of Appeal;".
10 (3) In section 10(1)(c) of the Supreme Court Act
1986 after "Judge" insert "of that Court".
17 Way in which Court of Appeal may be constituted
In section 11(4), (5) and (7) of the Supreme
Court Act 1986 for "a Master" substitute
15 "an Associate Judge".
18 Business to be disposed of by Trial Division
constituted by a Judge
(1) Insert the following heading to section 17 of the
Supreme Court Act 1986--
20 "Business to be disposed of by Trial Division
constituted by a Judge of the Court or by an
Associate Judge".
(2) In section 17(1) of the Supreme Court Act 1986,
after "a Judge" insert "of the Court".
25 (3) After section 17(1) of the Supreme Court Act
1986 insert--
"(1A) The Trial Division constituted by an
Associate Judge may hear and determine all
matters, whether civil or criminal, not
30 required by or under this Act or any other
Act or the Rules to be heard and
determined--
561143B.I-27/2/2008 7 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 19
(a) by the Court of Appeal; or
(b) by the Trial Division constituted by a
Judge of the Court.".
(4) In section 17(2) of the Supreme Court Act 1986,
5 after "a Judge" insert "of the Court".
(5) After section 17(2) of the Supreme Court Act
1986 insert--
"(3) Unless otherwise expressly provided by this
Act or any other Act or the Rules, an appeal
10 lies to the Trial Division constituted by a
Judge of the Court from any determination of
the Trial Division constituted by an
Associate Judge.".
19 Restriction on appeals and references of matters to
15 Court of Appeal
(1) In section 17A of the Supreme Court Act
1986--
(a) in subsection (1)--
(i) after "a Judge" insert "of the Court";
20 (ii) after "the Judge" insert "of the Court";
(b) in subsection (2), after "a Judge" (wherever
occurring) insert "of the Court";
(c) in subsection (3), after "a Judge" insert
"of the Court or constituted by an Associate
25 Judge";
(d) in subsection (3A)--
(i) after "a Judge" insert "of the Court or
constituted by an Associate Judge";
(ii) after "the Judge" insert "of the Court or
30 Associate Judge";
561143B.I-27/2/2008 8 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 20
(e) in subsection (4)(b)--
(i) after "the Judge" insert "of the Court or
Associate Judge";
(ii) after "a Judge" insert "of the Court or
5 an Associate Judge, as the case
requires";
(iii) in subparagraph (v), after "the Judges"
insert "of the Court";
(f) in subsection (7), after "the Judge" insert
10 "of the Court or an Associate Judge".
(2) In section 17B(2) of the Supreme Court Act
1986, after "a Judge" insert "of the Court or
constituted by an Associate Judge".
20 Power to act in cases relating to rates and taxes
15 In section 20A(1) of the Supreme Court Act
1986, after "Judge" insert ", Associate Judge".
21 Vexatious litigants
In section 21(7) of the Supreme Court Act 1986,
after "a Judge" insert "of the Court".
20 22 Power to make Rules
(1) In section 25(1) of the Supreme Court Act
1986--
(a) in paragraph (b) for "a Master" substitute
"an Associate Judge";
25 (b) in paragraph (c), for "from the Trial Division
constituted by a Master or from a Master of
the County Court" substitute "an associate
judge of the County Court";
561143B.I-27/2/2008 9 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 23
(c) after paragraph (ca) insert--
"(cb) appeals by way of rehearing or
otherwise from the Trial Division
constituted by an Associate Judge--
5 (i) to the Court of Appeal; or
(ii) to the Trial Division constituted
by a Judge of the Court;".
(2) After section 25(1) of the Supreme Court Act
1986 insert--
10 "(1A) The Rules may--
(a) confer a discretionary authority or
impose a duty on the Chief Justice or a
specified court official or a specified
class of court official; and
15 (b) provide in a specified case or class of
case for the exemption of proceedings
or a class of proceeding from any of the
provisions of the Rules, whether
unconditionally or on specified
20 conditions and either wholly or to such
an extent as is specified.".
23 Manner of making Rules
In section 26 of the Supreme Court Act 1986,
after "1975" insert "or any Associate Judge".
25 24 Council of Judges
In section 28(4) of the Supreme Court Act 1986,
after "1975" insert "or any Associate Judge".
25 Professional development and training
In section 28A(1) of the Supreme Court Act
30 1986 in the definition of judicial officer, for
paragraph (b) substitute--
"(b) an Associate Judge.".
561143B.I-27/2/2008 10 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 26
26 Minors to become wards only by order and
proceeding to test legality of by-laws
(1) In section 102(1) of the Supreme Court Act
1986, after "by a Judge" insert "of the Court".
5 (2) In section 103(1) of the Supreme Court Act
1986, after "by a Judge" insert "of the Court".
27 Part 7 heading substituted
For the heading to Part 7 of the Supreme Court
Act 1986 substitute--
10 "PART 7--ASSOCIATE JUDGES AND
OFFICERS OF THE COURT".
28 Section 104 substituted
For section 104 of the Supreme Court Act 1986
substitute--
15 "104 Appointment of Associate Judges
(1) Subject to subsection (5), one or more
Associate Judges are to be appointed by the
Governor in Council.
(2) The Associate Judges appointed under
20 subsection (1)--
(a) must include an Associate Judge who is
the Senior Master; and
(b) may include--
(i) an Associate Judge who is the
25 Registrar of the Court of Appeal;
(ii) an Associate Judge who is the
Registrar of the Criminal Appeals;
(iii) an Associate Judge who is the
Taxing Master.
561143B.I-27/2/2008 11 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 28
(3) An Associate Judge may be appointed as
both Registrar of the Court of Appeal and the
Registrar of Criminal Appeals and may hold
both those offices concurrently.
5 (4) If the offices of Registrar of the Court of
Appeal and Registrar of Criminal Appeals
are held by the same person--
(a) the offices are deemed to be a single
office under the title of Registrar of the
10 Court of Appeal; and
(b) a reference in this or any other Act or in
the Rules or any other instrument or
document to the Registrar of Criminal
Appeals is deemed to be a reference to
15 the Registrar of the Court of Appeal.
(5) No new office is to be created in the Court
unless the Chief Justice certifies that a
majority of the Judges of the Court are of the
opinion that it should be created.
20 (6) A person must not be appointed as an
Associate Judge unless that person--
(a) is or has been a judge, an associate
judge or a magistrate of--
(i) the High Court of Australia or of a
25 court created by the Parliament of
the Commonwealth; or
(ii) a court of Victoria or of another
State or of the Northern Territory
or the Australian Capital
30 Territory; or
(b) has been admitted to legal practice in
Victoria, another State, the Northern
Territory or the Australian Capital
Territory, or has been enrolled as a
561143B.I-27/2/2008 12 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 28
legal practitioner of the High Court of
Australia, for not less than 5 years.
(7) An Associate Judge ceases to hold office
only--
5 (a) if he or she resigns by delivering to the
Governor a signed letter of resignation;
or
(b) if he or she is removed from office by
the Governor in Council in accordance
10 with Part IIIAA of the Constitution
Act 1975; or
(c) if his or her office is abolished by or
under an Act; or
(d) if he or she is not capable of continuing
15 in office because of subsection (9)
or (10).
(8) An Associate Judge who is the Senior Master
or the Registrar of the Court of Appeal and
any other Associate Judge is--
20 (a) entitled to such applicable salary and
allowances as are payable under section
83A of the Constitution Act 1975; and
(b) not subject to the Public
Administration Act 2004.
25 (9) Subject to subsection (10), a person who has
attained the age of 70 years is not capable of
being appointed to or continuing in an office
referred to in this section.
(10) A person appointed to the office of Master
30 before 1 July 1986 and holding that office
before the commencement of section 28 of
the Courts Legislation Amendment
(Associate Judges) Act 2008 continues in
office without interruption as an Associate
35 Judge until attaining the age of 72 years.".
561143B.I-27/2/2008 13 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 29
29 Pension entitlements
(1) In the heading to section 104A of the Supreme
Court Act 1986, for "Masters" substitute
"Associate Judges".
5 (2) In section 104A of the Supreme Court Act
1986--
(a) in subsection (1)--
(i) for "A Master" substitute
"An Associate Judge";
10 (ii) in paragraph (a)(ii) for "a Master
appointed" substitute "an Associate
Judge who was appointed as a Master";
(b) in subsection (1A)--
(i) for "A Master" substitute
15 "An Associate Judge";
(ii) for "a Master" (where twice occurring)
substitute "an Associate Judge";
(c) in subsection (1B)--
(i) for "A Master" substitute
20 "An Associate Judge";
(ii) in paragraph (a) for "as a Master"
substitute "as an Associate Judge";
(d) in subsection (2)--
(i) for "a Master" substitute "an Associate
25 Judge, a former Associate Judge";
(ii) for "the Master's former office"
substitute "the former office of the
Associate Judge or former Associate
Judge or the office of Associate Judge
30 that is equivalent to the former office of
the former Master, as the case
requires";
561143B.I-27/2/2008 14 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 29
(e) in subsection (3)--
(i) for "a Master" substitute "an Associate
Judge, a former Associate Judge";
(ii) for "the Master's" substitute "the
5 Associate Judge's or former Master's";
(f) in subsection (4)--
(i) for "a Master" substitute "an Associate
Judge, a former Associate Judge";
(ii) for "the Master" substitute "the
10 Associate Judge, former Associate
Judge";
(g) in subsection (5)--
(i) for "a Master" substitute "an Associate
Judge, a former Associate Judge";
15 (ii) for "the Master" substitute "the
Associate Judge, former Associate
Judge";
(h) in subsection (7), after "Master" insert
"or former Associate Judge";
20 (i) in subsection (9)--
(i) for "A Master" substitute
"An Associate Judge";
(ii) for "section 104(3A)(c)" substitute
"section 104(7)(d)".
25 (3) After section 104A(11) of the Supreme Court
Act 1986 insert--
"(12) For the purposes of this section, service as a
Master before the commencement of section
28 of the Courts Legislation Amendment
30 (Associate Judges) Act 2008 shall count as
service as an Associate Judge.
561143B.I-27/2/2008 15 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 30
(13) In this section, former Master means a
Master who resigned, retired or died before
the commencement of section 29 of the
Courts Legislation Amendment (Associate
5 Judges) Act 2008.".
30 Election to commute pension
(1) In the heading to section 104B of the Supreme
Court Act 1986, for "Masters" substitute
"Associate Judges".
10 (2) In section 104B of the Supreme Court Act
1986--
(a) in subsection (1)--
(i) for "A Master" substitute
"An Associate Judge";
15 (ii) for "the Master" substitute
"the Associate Judge";
(b) in subsection (2), for "A Master" substitute
"An Associate Judge".
31 Actuary's calculations after election to commute
20 (1) In the heading to section 104C of the Supreme
Court Act 1986, for "Masters" substitute
"Associate Judges".
(2) In section 104C of the Supreme Court Act
1986--
25 (a) in subsection (1)--
(i) for "a Master" substitute "an Associate
Judge";
(ii) for "former Master" (wherever
occurring) substitute "former
30 Associate Judge";
(b) for "Master's" (wherever occurring)
substitute "Associate Judge's";
561143B.I-27/2/2008 16 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 32
(c) in subsections (2), (4)(a) and (4)(b) for
"Master" substitute "Associate Judge".
(3) In the heading to section 104D of the Supreme
Court Act 1986, for "Masters" substitute
5 "Associate Judges".
(4) In section 104D of the Supreme Court Act
1986--
(a) for "Master's" (wherever occurring)
substitute "Associate Judge's";
10 (b) in subsections (1) and (2)(b), for "Master"
(wherever occurring) substitute "Associate
Judge".
32 Election to commute for payment of surcharge and
actuary's calculations
15 (1) In the heading to section 104E of the Supreme
Court Act 1986, for "Masters" substitute
"Associate Judges".
(2) In section 104E of the Supreme Court Act
1986--
20 (a) in subsections (1) and (2)(c), for "Master"
(wherever occurring) substitute "Associate
Judge";
(b) in subsection (2)(a) for "Master's" substitute
"Associate Judge's".
25 (3) In the heading to section 104F of the Supreme
Court Act 1986, for "Masters'" substitute
"Associate Judges'".
(4) In section 104F of the Supreme Court Act
1986--
30 (a) for "Master" (wherever occurring) substitute
"Associate Judge";
(b) for "Master's" (wherever occurring)
substitute "Associate Judge's".
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Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 33
33 Payment and commutation of pension
(1) In the heading to section 104G of the Supreme
Court Act 1986, for "Masters" substitute
"Associate Judges".
5 (2) In section 104G of the Supreme Court Act
1986--
(a) in subsections (2) and (3) for "Master's"
(wherever occurring) substitute "Associate
Judge's";
10 (b) in subsection (3), for "Master" (wherever
occurring) substitute "Associate Judge".
34 Election by spouse and children to commute
pensions for payment of surcharge and actuary's
calculations
15 (1) In the heading to section 104H of the Supreme
Court Act 1986, for "Masters'" substitute
"Associate Judges'".
(2) In section 104H of the Supreme Court Act
1986--
20 (a) for "Master" (wherever occurring) substitute
"Associate Judge";
(b) for "Master's" (wherever occurring)
substitute "Associate Judge's".
(3) In the heading to section 104I of the Supreme
25 Court Act 1986, for "Masters'" substitute
"Associate Judges'".
(4) In section 104I of the Supreme Court Act 1986,
for "Master" (where twice occurring) substitute
"Associate Judge".
561143B.I-27/2/2008 18 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 35
35 Payment and commutation of pensions of spouse
and children
(1) In the heading to section 104J of the Supreme
Court Act 1986, for "Masters'" substitute
5 "Associate Judges'".
(2) In section 104J of the Supreme Court Act
1986--
(a) in subsections (2) and (3)(a), for "Master"
(wherever occurring) substitute "Associate
10 Judge";
(b) in subsection (3)(a), for "Master's" (wherever
occurring) substitute "Associate Judge's".
36 Section 105 substituted and new section 105A
inserted
15 For section 105 of the Supreme Court Act 1986
substitute--
"105 Acting Associate Judges
(1) If an Associate Judge other than the
Associate Judge who is the Senior Master is
20 absent or temporarily unable to perform the
duties of office, the Governor in Council
may appoint another Associate Judge to act
in the place of that Associate Judge.
(2) If an Associate Judge other than the
25 Associate Judge who is the Senior Master is
absent for a period not exceeding 6 months,
the Chief Justice may nominate another
Associate Judge to act in the place of that
Associate Judge.
30 (3) A person appointed under subsection (1) or
nominated under subsection (2) has and may
exercise the duties and powers of the
Associate Judge in whose place the
appointee or nominee is acting.
561143B.I-27/2/2008 19 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 37
105A Acting Senior Master
(1) If the Associate Judge who is the Senior
Master is absent or temporarily unable to
perform the duties of office, the Governor in
5 Council may appoint another Associate
Judge to act in the place of the Senior
Master.
(2) If the Associate Judge who is the Senior
Master is absent, another Associate Judge
10 nominated by the Senior Master has and may
exercise the duties and powers of the Senior
Master in relation to the receipt, investment
and payment out of funds in court.".
37 Power to employ officers
15 After section 106(a) of the Supreme Court Act
1986 insert--
"(ab) registrars, deputy registrars and any other
employees that are necessary for the
effective operation of the Court generally;
20 and".
38 Functions of Associate Judges
For the heading to Division 2 of Part 7 of the
Supreme Court Act 1986 substitute--
"Division 2--Functions of Associate Judges".
25 39 New section 109A inserted
Before section 110 of the Supreme Court Act
1986 insert--
"109A Chief Justice responsible for business of
Associate Judges
30 The Chief Justice has responsibility for the
administration of the business of the
Associate Judges, including the Associate
Judge who is the Senior Master, and the
561143B.I-27/2/2008 20 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 40
orderly and expeditious exercise of their
functions and powers.".
40 Section 110 substituted
For section 110 of the Supreme Court Act 1986
5 substitute--
"110 Functions of the Senior Master
The Senior Master has the duties, powers
and authorities imposed or conferred on him
or her by or under this Act or any other Act
10 or the Rules.".
41 Sections 111 and 111A substituted
For sections 111 and 111A of the Supreme Court
Act 1986 substitute--
"111 Functions of Associate Judges
15 The Associate Judges--
(a) must assist in the general business of
the Court; and
(b) must perform the duties and exercise
the powers and authorities imposed or
20 conferred on them by or under this Act
or any other Act or the Rules.
111A Functions of Registrar of the Court of
Appeal
The Registrar of the Court of Appeal is,
25 subject to the general direction and control of
the President, responsible for--
(a) the preliminary examination of all
applications and appeals made to the
Court of Appeal, including all
30 applications made to the Court of
Appeal under Part VI of the Crimes
Act 1958 and the Rules made under
that Part;
561143B.I-27/2/2008 21 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 42
(b) taking such action as he or she is
authorised or required by the President
or the Rules to take to ensure the
efficient and expeditious despatch of
5 those applications and appeals to the
Court of Appeal;
(c) performing such other duties and
exercising such other powers and
authorities as are imposed or conferred
10 on him or her by the President, this Act
or any other Act or the Rules.".
42 Section 112 substituted
For section 112 of the Supreme Court Act 1986
substitute--
15 "112 Functions of the Registrar of Criminal
Appeals and Taxing Master
(1) The Registrar of Criminal Appeals is, subject
to the general direction and control of the
Registrar of the Court of Appeal, responsible
20 for--
(a) the preliminary examination of all
applications made to the Court of
Appeal under Part VI of the Crimes
Act 1958 and the Rules made under
25 that Part;
(b) taking such action as he or she is
authorised or required by the Registrar
of the Court of Appeal or the Rules to
take to ensure the efficient and
30 expeditious despatch of those
applications to the Court of Appeal;
(c) performing such other duties as are
imposed or conferred on him or her by
the Registrar of the Court of Appeal or
35 any Act or the Rules.
561143B.I-27/2/2008 22 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 2--Associate Judges of the Supreme Court
s. 42
(2) The Taxing Master is responsible for
assessing and settling bills of costs and for
that purpose has all the powers and
authorities of the Court.
5 Note
The Taxing Master also has functions in relation to
costs reviews under Division 7 of Part 3.4 of the
Legal Profession Act 2004.".
__________________
561143B.I-27/2/2008 23 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 43
PART 3--ASSOCIATE JUDGES OF THE COUNTY COURT
43 Definitions
See: In section 3(1) of the County Court Act 1958--
Act No.
6230.
Reprint No. 12
(a) insert the following definition--
as at
5 28 April 2006 "associate judge means a person appointed
and under section 17A;";
amending
Act Nos (b) in the definition of judge, after "Chief
22/2006,
50/2006, Judge" insert "but does not include an
24/2007, associate judge".
26/2007 and
28/2007.
LawToday:
www.
legislation.
vic.gov.au
10 44 New section 3BA inserted
After section 3B of the County Court Act 1958
insert--
"3BA Associate judge may exercise jurisdiction
of court
15 Subject to this Act, any other Act and the
Rules an associate judge may exercise at any
time and place all the jurisdiction vested in
the court.".
45 Establishment of the County Court
20 (1) In section 4(1A) of the County Court Act 1958,
for "masters" substitute "associate judges".
(2) In section 4(1B) of the County Court Act 1958--
(a) for "a master or registrar" substitute "an
associate judge or a registrar";
25 (b) for "judge, master or registrar" substitute
"judge, an associate judge or a registrar".
561143B.I-27/2/2008 24 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 46
46 Judge to hold court where directed and appoint
days of sitting
(1) Insert the following heading to section 7 of the
County Court Act 1958--
5 "Where court held and days of sitting".
(2) In section 7(1) of the County Court Act 1958,
after "a judge" insert "or, subject to the Rules, an
associate judge".
(3) In section 7(4) of the County Court Act 1958,
10 after "a judge" (wherever occurring) insert "or an
associate judge, as the case requires".
47 Protection of judges and associate judges
(1) Insert the following heading to section 9A of the
County Court Act 1958--
15 "Protection of judges and associate judges".
(2) At the end of section 9A of the County Court
Act 1958 insert--
"(2) An associate judge has in the performance of
his or her duties as an associate judge the
20 same protection and immunity as a Judge of
the Supreme Court has in the performance of
his or her duties as a Judge.".
48 Salaries
In section 10(9) of the County Court Act 1958,
25 after "2005" insert "or an associate judge".
49 Provision for pensions
In section 14(5) of the County Court Act 1958--
(a) in paragraph (aa) for "master" (where twice
occurring) substitute "associate judge";
30 (b) in paragraph (ad)--
(i) in subparagraph (i), after "master"
insert "or associate judge";
561143B.I-27/2/2008 25 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 50
(ii) in subparagraph (ii), for "a master of a"
substitute ", an Associate Judge of the
Supreme Court, or a master or an
associate judge (however described)
5 of a".
50 Section 15 substituted
For section 15 of the County Court Act 1958
substitute--
"15 Power to exercise functions of judge or
10 associate judge by another
Despite anything in any Act, any power, duty
or act which might have been exercised or
performed by any judge or associate judge
but for--
15 (a) his or her having ceased for any reason
to be a judge or associate judge; or
(b) his or her absence on leave or vacation
or in consequence of sickness or
otherwise--
20 shall be exercisable or performable by any
other judge or associate judge (as the case
requires).".
51 Professional development and training
In section 17AAA(1) of the County Court Act
25 1958, in the definition of judicial officer, for
paragraph (b) substitute--
"(b) an associate judge".
52 Division heading amended
In the heading to Division 3A of Part I of the
30 County Court Act 1958, for "Masters"
substitute "Associate Judges".
561143B.I-27/2/2008 26 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 53
53 Section 17A substituted
For section 17A of the County Court Act 1958
substitute--
"17A Associate judges
5 (1) The Governor in Council may appoint one or
more persons to be associate judges of the
court.
(2) An associate judge ceases to hold office
only--
10 (a) if he or she resigns by delivering to the
Governor a signed letter of resignation;
or
(b) if he or she is removed from office by
the Governor in Council in accordance
15 with Part IIIAA of the Constitution
Act 1975; or
(c) if his or her office is abolished; or
(d) if he or she is not capable of continuing
in office because of subsection (5).
20 (3) A person must not be appointed as an
associate judge unless the person--
(a) is or has been a judge, an associate
judge or a magistrate of--
(i) the High Court of Australia or of a
25 court created by the Parliament of
the Commonwealth; or
(ii) a court of Victoria or of another
State or of the Northern Territory
or the Australian Capital
30 Territory; or
(b) is an Australian lawyer of at least
5 years' standing.
561143B.I-27/2/2008 27 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 54
(4) An associate judge--
(a) is entitled to such salaries and
allowances as are from time to time
payable under section 17AA; and
5 (b) is not subject to the Public
Administration Act 2004.
(5) A person who has attained the age of
70 years is not capable of being appointed to
or continuing in office as an associate
10 judge.".
54 New section 17ABA inserted
After section 17A of the County Court Act 1958
insert--
"17ABA Functions of associate judges
15 (1) The Chief Judge may assign duties to an
associate judge.
(2) An associate judge must carry out the duties
from time to time assigned to him or her
under subsection (1).
20 (3) Without limiting subsection (1), an associate
judge must--
(a) assist in the general business of the
court; and
(b) perform such duties and exercise such
25 powers and authorities as are imposed
or conferred on the associate judge by
or under this Act or any other Act or by
the Rules.".
55 Salaries and allowances
30 (1) Insert the following heading to section 17AA of
the County Court Act 1958--
"Salaries and allowances of associate judges".
561143B.I-27/2/2008 28 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 56
(2) In section 17AA of the County Court Act
1958--
(a) in subsections (1) and (2), for "master"
substitute "associate judge";
5 (b) in subsections (3) and (4), for "masters of the
court" (wherever occurring) substitute
"associate judges".
56 Amendments relating to pension entitlements
(1) In the heading to section 17B of the County
10 Court Act 1958, for "masters" substitute
"associate judges".
(2) In section 17B of the County Court Act 1958--
(a) in subsection (1)--
(i) for "A master" substitute "An associate
15 judge";
(ii) in paragraph (a)(ii) for "a master
appointed" substitute "an associate
judge who was appointed as a master";
(b) in subsection (1A)--
20 (i) for "A master" substitute "An associate
judge";
(ii) for "a master" (where twice occurring)
substitute "an associate judge";
(c) in subsection (1B)--
25 (i) for "A master" substitute "An associate
judge";
(ii) in paragraph (a) for "as a master"
substitute "as an associate judge";
(d) in subsection (2)--
30 (i) for "a master" substitute "an associate
judge, a former associate judge";
561143B.I-27/2/2008 29 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 56
(ii) for "the master's former office"
substitute "the former office of the
associate judge, former associate judge
or the office of associate judge that is
5 equivalent to the former office of the
former master, as the case requires";
(e) in subsection (3)--
(i) for "a master" substitute "an associate
judge, a former associate judge";
10 (ii) for "the master's" substitute "the
associate judge's or former master's";
(f) in subsection (4)--
(i) for "a master" substitute "an associate
judge, a former associate judge";
15 (ii) for "the master" substitute "the
associate judge, former associate
judge";
(g) in subsection (5)--
(i) for "a master" substitute "an associate
20 judge, a former associate judge";
(ii) for "the master" substitute "the
associate judge, former associate
judge";
(h) in subsection (7), after "master" insert "or
25 former associate judge";
(i) in subsection (9)--
(i) "A master" substitute "An associate
judge";
(ii) for "section 17A(2)(c)" substitute
30 "section 17A(2)(d)".
561143B.I-27/2/2008 30 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 57
(3) After section 17B(11) of the County Court Act
1958 insert--
"(12) For the purposes of this section, service as a
master before the commencement of
5 section 53 of the Courts Legislation
Amendment (Associate Judges) Act 2008
shall count as service as an associate judge.
(13) In this section, former master means a
master who resigned, retired or died before
10 the commencement of section 56 of the
Courts Legislation Amendment (Associate
Judges) Act 2008.".
57 Election to commute future pensions for payment of
superannuation contributions surcharge
15 (1) In the heading to section 17C of the County
Court Act 1958, for "masters" substitute
"associate judges".
(2) In section 17C of the County Court Act 1958--
(a) in subsection (1)--
20 (i) for "A master" substitute "An associate
judge";
(ii) for "the master" substitute
"the associate judge";
(b) in subsection (2), for "A master" substitute
25 "An associate judge".
58 Actuary's calculations
(1) In the heading to section 17D of the County
Court Act 1958, for "masters" substitute
"associate judges".
30 (2) In section 17D of the County Court Act 1958--
(a) in subsection (1)--
(i) for "a master" substitute "an associate
judge";
561143B.I-27/2/2008 31 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 59
(ii) in paragraphs (a) and (b), for "former
master" substitute "former associate
judge";
(b) for "master's" (wherever occurring)
5 substitute "associate judge's";
(c) in subsections (2), (4)(a) and (4)(b) for
"master" substitute "associate judge".
(3) In the heading to section 17E of the County
Court Act 1958, for "masters" substitute
10 "associate judges".
(4) In section 17E of the County Court Act 1958--
(a) for "master's" (wherever occurring)
substitute "associate judge's";
(b) in subsections (1) and (2)(b), for "master"
15 (wherever occurring) substitute "associate
judge".
59 Election to commute
(1) In the heading to section 17F of the County
Court Act 1958, for "masters" substitute
20 "associate judges".
(2) In section 17F of the County Court Act 1958--
(a) in subsections (1) and (2)(c), for "master"
(wherever occurring) substitute "associate
judge";
25 (b) in subsection (2)(a) for "master's" substitute
"associate judge's".
60 Actuary's calculations after election to commute
(1) In the heading to section 17G of the County
Court Act 1958, for "masters'" substitute
30 "associate judges'".
561143B.I-27/2/2008 32 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 61
(2) In section 17G of the County Court Act 1958--
(a) for "master" (wherever occurring) substitute
"associate judge";
(b) for "master's" (wherever occurring)
5 substitute "associate judge's".
61 Payment and commutation of pensions
(1) In the heading to section 17H of the County
Court Act 1958, for "masters" substitute
"associate judges".
10 (2) In section 17H of the County Court Act 1958--
(a) in subsections (2) and (3) for "master's"
(wherever occurring) substitute "associate
judge's";
(b) in subsection (3), for "master" (where twice
15 occurring) substitute "associate judge".
62 Election of spouses and eligible children to commute
pensions for payment of surcharge
(1) In the heading to section 17I of the County Court
Act 1958, for "masters'" substitute "associate
20 judges'".
(2) In section 17I of the County Court Act 1958--
(a) for "master" (wherever occurring) substitute
"associate judge";
(b) for "master's" (wherever occurring)
25 substitute "associate judge's".
63 Actuary's calculation of reduction of pensions of
spouses and eligible children
(1) In the heading to section 17J of the County Court
Act 1958, for "masters'" substitute "associate
30 judges'".
561143B.I-27/2/2008 33 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 64
(2) In section 17J of the County Court Act 1958, for
"master" (where twice occurring) substitute
"associate judge".
64 Payment and commutation of pensions
5 (1) In the heading to section 17K of the County
Court Act 1958, for "masters'" substitute
"associate judges'".
(2) In section 17K of the County Court Act 1958--
(a) in subsections (2) and (3)(a), for "master"
10 (wherever occurring) substitute "associate
judge";
(b) in subsection (3)(a), for "master's" (wherever
occurring) substitute "associate judge's".
65 Power to registrar to administer oaths
15 In section 22(2) of the County Court Act 1958--
(a) after "Supreme Court" insert "or any
Associate Judge of the Supreme Court";
(b) for "or master" substitute "or associate
judge".
20 66 Arbitration by judge
Insert the following heading to section 47 of the
County Court Act 1958--
"Arbitration".
67 Court may award costs where action or matter is
25 struck out for want of jurisdiction
In section 55 of the County Court Act 1958, after
"the judge" insert "or associate judge, as the case
requires,".
561143B.I-27/2/2008 34 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 68
68 Jury may be had on re-hearing of County Court
proceeding in Supreme Court
In section 72(1) of the County Court Act 1958--
(a) for "Full Court of the Supreme Court"
5 (where twice occurring) substitute "Court of
Appeal";
(b) for "by a judge" substitute "by a Judge of
the Court";
(c) for "if he so" substitute "if the party so";
10 (d) for "six men" substitute "six persons".
69 Appeal to the Court of Appeal
In section 74(1) of the County Court Act 1958,
after "order of the court" insert "constituted by a
judge other than an associate judge".
15 70 New section 75 inserted
After section 74 of the County Court Act 1958
insert--
"75 Appeal from court constituted by
associate judge to Trial Division of the
20 Supreme Court
(1) Subject to subsection (2), any party to a civil
proceeding who is dissatisfied with any
judgment or order of the court constituted by
an associate judge may appeal from the same
25 to the Trial Division of the Supreme Court,
despite the civil proceeding having been
brought in the County Court by consent as
provided by this Act.
(2) An appeal under this section--
30 (a) is subject to leave by the associate
judge constituting the court or to leave
by the Trial Division of the Supreme
Court; and
561143B.I-27/2/2008 35 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 3--Associate Judges of the County Court
s. 71
(b) is to be in accordance with the Rules of
the Supreme Court.".
71 Power to make rules of practice and Council of
Judges
5 (1) In section 78(1) of the County Court Act 1958--
(a) after "2005" insert "or associate judges";
(b) for paragraph (fa) substitute--
"(fa) regulating the exercise by associate
judges of the jurisdiction of the court;";
10 (c) paragraph (fb) is repealed;
(2) In section 78(2) of the County Court Act 1958,
after "2005" insert "or associate judges".
(3) In section 87(3) of the County Court Act 1958,
after "2005" insert "or an associate judge".
__________________
561143B.I-27/2/2008 36 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 4--Transitional Provisions
s. 72
PART 4--TRANSITIONAL PROVISIONS
72 Section 92 inserted--County Court Act 1958
After section 91 of the County Court Act 1958
insert--
5 "92 Transitional provisions--Courts
Legislation Amendment (Associate
Judges) Act 2008
(1) Unless the contrary intention appears, on and
from the commencement of section 53 of the
10 Courts Legislation Amendment (Associate
Judges) Act 2008, a reference in any Act
(other than that Act), subordinate instrument
or other document, to a master of the County
Court is to be construed as a reference to an
15 associate judge of the County Court.
(2) Nothing in the Courts Legislation
Amendment (Associate Judges) Act 2008
affects the pension entitlements of a master
who resigned, retired or died before the
20 commencement of section 56 of that Act or
the spouse or partner or eligible child of such
a master and--
(a) subject to paragraph (b), those
entitlements continue in existence as if
25 the amendments made by that Act had
not been made;
(b) a reference in section 17B to the annual
salary for the time being applicable or
payable in respect of an office held
30 immediately before retirement or at the
date of death, resignation or retirement
is, in relation to a former master who
resigned or retired before the
commencement of section 56 of the
35 Courts Legislation Amendment
561143B.I-27/2/2008 37 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 4--Transitional Provisions
s. 73
(Associate Judges) Act 2008 or the
spouse or partner or eligible child of
such a former master, a reference to the
annual salary for the time being payable
5 under section 17AA(1) of the County
Court Act 1958 in respect of the office
of associate judge.".
73 Sections 142 to 144 inserted--Supreme Court
Act 1986
10 After section 141 of the Supreme Court Act
1986 insert--
"142 References
Unless the contrary intention appears, on and
from the commencement of section 28 of the
15 Courts Legislation Amendment (Associate
Judges) Act 2008, a reference in any Act
(other than that Act), subordinate instrument
or other document--
(a) to a Master of the Supreme Court is to
20 be construed as a reference to an
Associate Judge of the Supreme Court;
and
(b) to the Senior Master is to be construed
as a reference to the Associate Judge
25 who is the Senior Master; and
(c) to the Taxing Master is to be construed
as a reference to the Associate Judge
who is the Taxing Master.
143 Masters to become Associate Judges
30 (1) On and from the commencement of
section 28 of the Courts Legislation
Amendment (Associate Judges) Act
2008--
561143B.I-27/2/2008 38 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 4--Transitional Provisions
s. 73
(a) a person appointed to the office of
Senior Master before that
commencement and holding that office
immediately before that
5 commencement continues to hold office
as an Associate Judge who is the Senior
Master appointed under section
104(2)(a) as substituted by section 28
of that Act without further
10 appointment;
(b) a person appointed to the office of
Registrar of the Court of Appeal before
that commencement and holding that
office immediately before that
15 commencement continues to hold office
as an Associate Judge who is the
Registrar of the Court of Appeal
appointed under section 104(2)(b) as
substituted by section 28 of that Act
20 without further appointment;
(c) a person appointed to the office of
Registrar of Criminal Appeals before
that commencement and holding that
office immediately before that
25 commencement continues to hold office
as an Associate Judge who is the
Registrar of Criminal Appeals
appointed under section 104(2)(b) as
substituted by section 28 of that Act
30 without further appointment;
(d) a person appointed to the office of
Taxing Master before that
commencement and holding that office
immediately before that
35 commencement continues to hold office
as an Associate Judge who is the
Taxing Master appointed under section
104(2)(b) as substituted by section 28
561143B.I-27/2/2008 39 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 4--Transitional Provisions
s. 73
of that Act without further
appointment;
(e) a person appointed to the office of
Master before that commencement and
5 holding that office immediately before
that commencement continues to hold
office as an Associate Judge appointed
under section 104 as substituted by
section 28 of that Act without further
10 appointment.
(2) Subsection (1) does not affect any salary,
other remuneration, allowances or pension
entitlements of any person referred to in that
subsection.
15 144 Pension entitlements
Nothing in the Courts Legislation
Amendment (Associate Judges) Act 2008
affects the pension entitlements of a Master
who resigned, retired or died before the
20 commencement of section 29 of that Act or
the spouse or partner or eligible child of such
a Master and--
(a) subject to paragraph (b), those
entitlements continue in existence as if
25 the amendments made by that Act had
not been made;
(b) a reference in section 104A to the
annual salary for the time being
applicable or payable in respect of an
30 office held immediately before
retirement or at the date of death,
resignation or retirement is, in relation
to a Master who resigned, retired or
died before the commencement of
35 section 29 of the Courts Legislation
Amendment (Associate Judges) Act
561143B.I-27/2/2008 40 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 4--Transitional Provisions
s. 73
2008 or the spouse or partner or eligible
child of such a Master, a reference to
the annual salary for the time being
payable under section 83A(1) of the
5 Constitution Act 1975 in respect of the
office of Associate Judge equivalent to
the office of that Master.".
__________________
561143B.I-27/2/2008 41 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 5--Consequential Amendments to Other Acts
s. 74
PART 5--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
74 Accident Compensation Act 1985
In section 135BA of the Accident Compensation
5 Act 1985--
(a) in subsection (3) for "the Master of the
Supreme Court" substitute "an Associate
Judge of the Supreme Court";
(b) in subsections (4), (5) and (6) for "Master of
10 the Supreme Court" (wherever occurring)
substitute "Associate Judge of the Supreme
Court".
75 Administration and Probate Act 1958
In section 3 of the Administration and Probate
15 Act 1958, the definition of Master is repealed.
76 Courts (Case Transfer) Act 1991
In section 3(1) of the Courts (Case Transfer)
Act 1991 in the definition of Designated judicial
officer--
20 (a) in paragraph (a), for "a Master of the
Supreme Court" substitute "an Associate
Judge";
(b) in paragraph (b), for "a Master" substitute
"an associate judge".
25 77 Crimes Act 1958
Insert the following definition in section 2A(1) of
the Crimes Act 1958--
"Taxing Master means any Associate Judge of the
Supreme Court from time to time carrying
30 out the functions of assessing, settling or
taxing of costs in proceedings in that Court.".
561143B.I-27/2/2008 42 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 5--Consequential Amendments to Other Acts
s. 78
78 Evidence Act 1958
(1) In section 3(1) of the Evidence Act 1958, in the
definition of person acting judicially, for "master"
substitute "Associate Judge".
5 (2) For section 107A(1)(h) of the Evidence Act 1958
substitute--
"(h) the associate of an Associate Judge of the
Supreme Court or of an associate judge of
the County Court;".
10 (3) For section 123C(1)(b) of the Evidence Act 1958
substitute--
"(b) an Associate Judge of the Supreme Court or
the associate to such Associate Judge;
(ba) an associate judge of the County Court or the
15 associate to such associate judge;".
79 Instruments Act 1958
In the Second Schedule to the Instruments Act
1958, for "a Master" substitute "an Associate
Judge".
20 80 Judicial College of Victoria Act 2001
(1) In section 3 of the Judicial College of Victoria
Act 2001 in the definition of judicial officer--
(a) in paragraph (a) for "Master" substitute
"an Associate Judge";
25 (b) in paragraph (b) for "master" substitute
"an associate judge".
(2) In section 8(1) of the Judicial College of Victoria
Act 2001--
(a) in paragraph (a) for "a Master" substitute
30 "an Associate Judge";
(b) in paragraph (c) for "a master" substitute
"an associate judge".
561143B.I-27/2/2008 43 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 5--Consequential Amendments to Other Acts
s. 81
(3) In section 9(3) of the Judicial College of Victoria
Act 2001, for "master" (where twice occurring)
substitute "associate judge".
81 Judicial Remuneration Tribunal Act 1995
5 In section 3 of the Judicial Remuneration
Tribunal Act 1995, in the definition of holder of
an office--
(a) in paragraph (j), for "Masters" substitute
"Associate Judges";
10 (b) in paragraph (k), for "Masters" substitute
"associate judges".
82 Judicial Salaries Act 2004
(1) In section 3 of the Judicial Salaries Act 2004--
(a) insert the following definitions--
15 "Associate Judge of the Supreme Court has
the same meaning as Associate Judge
has in the Supreme Court Act 1986;
associate judge of the County Court has the
same meaning as associate judge has in
20 the County Court Act 1958;";
(b) in the definition of Supreme Court Judge,
for "Appeal or the other Judges of Appeal"
substitute "Appeal, the other Judges of
Appeal or an Associate Judge of the
25 Supreme Court".
(2) At the end of section 3 of the Judicial Salaries
Act 2004 insert--
"(2) On and from the commencement of
section 28 of the Courts Legislation
30 Amendment (Associate Judges) Act 2008,
a reference in this Act--
561143B.I-27/2/2008 44 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 5--Consequential Amendments to Other Acts
s. 82
(a) to "General Supreme Court Master"
includes an Associate Judge of the
Supreme Court other than--
(i) an Associate Judge who is the
5 Senior Master; or
(ii) an Associate Judge who is the
Registrar of the Court of Appeal;
or
(iii) a Specialist Supreme Court
10 Master;
(b) to the Senior Master of the Supreme
Court is a reference to the Associate
Judge who is the Senior Master;
(c) to the Registrar of the Court of Appeal
15 is a reference to an Associate Judge
who is the Registrar of the Court of
Appeal.
(3) On and from the commencement of
section 53 of the Courts Legislation
20 Amendment (Associate Judges) Act 2008,
a reference in this Act to "Master of the
County Court" includes an associate judge of
the County Court.".
(3) After section 6(3) of the Judicial Salaries Act
25 2004 insert--
"(3A) With effect on and from the commencement
of section 28 of the Courts Legislation
Amendment (Associate Judges) Act 2008,
the holder of an office of Associate Judge
30 referred to in section 3(2) is entitled to be
paid from time to time a salary at the annual
rate that bears, in relation to the annual
salary of a Supreme Court Judge, the same
proportion as--
561143B.I-27/2/2008 45 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 5--Consequential Amendments to Other Acts
s. 82
(a) in the case of the office of Associate
Judge who is the Senior Master, the
annual salary of the Senior Master of
the Supreme Court bore to the annual
5 salary of a Supreme Court Judge in the
financial year 2004/2005; and
(b) in the case of the office of Associate
Judge who is the Registrar of the Court
of Appeal, the annual salary of the
10 Registrar of the Court of Appeal bore to
the annual salary of a Supreme Court
Judge in the financial year 2004/2005;
and
(c) in the case of the office of Associate
15 Judge other than Senior Master or
Registrar of the Court of Appeal or a
Specialist Master of the Supreme Court,
the annual salary of a General Master
of the Supreme Court bore to the
20 annual salary of a Supreme Court Judge
in the financial year 2004/2005.
(3B) With effect on and from the commencement
of section 53 of the Courts Legislation
Amendment (Associate Judges) Act 2008,
25 the holder of an office of Associate Judge
referred to in section 3(3) is entitled to be
paid from time to time a salary at the annual
rate that bears, in relation to the annual
salary of a Supreme Court Judge, the same
30 proportion as the annual salary of a Master
of the County Court bore to the annual salary
of a Supreme Court Judge in the financial
year 2004/2005.".
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Courts Legislation Amendment (Associate Judges) Bill 2008
Part 5--Consequential Amendments to Other Acts
s. 83
83 Land Acquisition and Compensation Act 1986
(1) Insert the following definition in section 3(1) of
the Land Acquisition and Compensation Act
1986--
5 "Taxing Master means any Associate Judge of the
Supreme Court from time to time carrying
out the functions of assessing, settling or
taxing of costs in proceedings in that Court;".
(2) In section 85(1) of the Land Acquisition and
10 Compensation Act 1986, for "a Master"
substitute "an Associate Judge".
84 Legal Profession Act 2004
In section 3.4.2 of the Legal Profession Act 2004,
for the definition of Taxing Master substitute--
15 "Taxing Master means any Associate Judge of the
Supreme Court from time to time carrying
out the functions of assessing, settling or
taxing of costs in proceedings in that Court;".
85 Property Law Act 1958
20 (1) In section 253 of the Property Law Act 1958--
(a) for "Master of the Supreme Court or Master
of the County Court" substitute
"an Associate Judge of the Supreme Court or
an associate judge of the County Court";
25 (b) for "such judge Master" substitute
"such judge, associate judge".
(2) In section 254 of the Property Law Act 1958, for
"Master" substitute "associate judge".
(3) In the Ninth Schedule to the Property Law Act
30 1958, for "Master of the Supreme Court"
substitute "Associate Judge of the Supreme Court
or associate judge of the County Court".
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Courts Legislation Amendment (Associate Judges) Bill 2008
Part 5--Consequential Amendments to Other Acts
s. 86
86 Prostitution Control Act 1994
In sections 69(3)(b)(ii)(B) and 70(3)(b)(ii)(B) of
the Prostitution Control Act 1994, for
"a Master" substitute "an Associate Judge".
5 87 Public Administration Act 2004
(1) In section 101(b) of the Public Administration
Act 2004, for "a Master of the Supreme Court or"
substitute "an Associate Judge of the Supreme
Court or an associate judge of".
10 (2) In section 106(1) of the Public Administration
Act 2004--
(a) in paragraph (c) for "a master" substitute
"an Associate Judge";
(b) in paragraph (d) for "a master" substitute
15 "an associate judge";
88 Trustee Act 1958
(1) In section 62 of the Trustee Act 1958--
(a) for "the Master of the Supreme Court"
substitute "an Associate Judge of the
20 Supreme Court";
(b) for "such Master" substitute "such Associate
Judge".
(2) In section 77 of the Trustee Act 1958, for
"the Master" substitute "an Associate Judge".
__________________
561143B.I-27/2/2008 48 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Part 6--General
s. 89
PART 6--GENERAL
89 Statute law revision--Supreme Court Act 1986
In the Supreme Court Act 1986--
(a) in section 33A, in the definition of Chapter I
5 of the Rules, for "1996" substitute "2005";
(b) in section 33ZK for "Chapter I of the Rules"
substitute "the Supreme Court (General
Civil Procedure) Rules 1996".
90 Statute law revision--County Court Act 1958
10 (1) In the note to section 39C(5) of the County Court
Act 1958, for "the Supreme Court (General
Civil Procedure) Rules 1996" substitute
"Chapter I of the Rules of the Supreme Court".
(2) Insert the following heading to section 76 of the
15 County Court Act 1958--
"Court may reserve question for opinion of the
Court of Appeal".
91 Repeal of Act
This Act is repealed on 31 December 2010.
20 Note
The repeal this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561143B.I-27/2/2008 49 BILL LA INTRODUCTION 27/2/2008
Courts Legislation Amendment (Associate Judges) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561143B.I-27/2/2008 50 BILL LA INTRODUCTION 27/2/2008
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