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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 Resolution
Conference) Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--SUPREME COURT ACT 1986 3
3 Definitions 3
4 Mediation 3
5 New Division 3A of Part 2 inserted 3
Division 3A--Judicial resolution conferences 3
24B Judicial resolution conference 3
24C Protection of conduct of judicial resolution conference 4
6 Power to make Rules 4
PART 3--COUNTY COURT ACT 1958 5
7 Definitions 5
8 Mediation 5
9 New Division 4 of Part II inserted 5
Division 4--Judicial resolution conferences 5
41 Judicial resolution conference 5
42 Protection of conduct of judicial resolution conference 6
10 Division heading inserted 6
11 Power to make Rules 6
PART 4--MAGISTRATES' COURT ACT 1989 8
12 Definitions 8
13 Mediation 8
14 Rules of Court 9
561322B.I-27/7/2009 i BILL LA INTRODUCTION 27/7/2009
Clause Page
15 New Division 3B of Part 5 9
Division 3B--Judicial resolution conferences 9
108B Judicial resolution conferences 9
108C Protection of conduct of judicial resolution conference 9
PART 5--CHILDREN, YOUTH AND FAMILIES ACT 2005 11
16 Definitions 11
17 Proceedings to be heard in open court 11
18 New sections 527A and 527B inserted 11
527A Judicial resolution conference 11
527B Protection of conduct of judicial resolution conference 12
19 Rules 12
PART 6--GENERAL 14
20 Repeal of amending Act 14
ENDNOTES 15
561322B.I-27/7/2009 ii BILL LA INTRODUCTION 27/7/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Courts Legislation Amendment
(Judicial Resolution Conference) Bill
2009
A Bill for an Act to amend the Supreme Court Act 1986, the County
Court Act 1958, the Magistrates' Court Act 1989 and the Children,
Youth and Families Act 2005 to clarify that judicial immunity
applies to judges, associate judges and magistrates when carrying out
judicial resolution conferences and to further provide for the conduct
of those processes by judges, associate judges and magistrates and for
other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Supreme Court Act 1986, the County Court
5 Act 1958, the Magistrates' Court Act 1989 and
the Children, Youth and Families Act 2005--
561322B.I-27/7/2009 1 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 1--Preliminary
s. 2
(a) to clarify that judicial immunity applies to
judges, associate judges and magistrates
when carrying out judicial resolution
conferences; and
5 (b) to further provide for the conduct of those
processes by judges, associate judges and
magistrates.
2 Commencement
(1) Subject to subsection (2), this Act comes into
10 operation on a day or days to be proclaimed.
(2) If a provision referred to in subsection (1) does
not come into operation before 1 August 2010, it
comes into operation on that day.
__________________
561322B.I-27/7/2009 2 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 2--Supreme Court Act 1986
s. 3
PART 2--SUPREME COURT ACT 1986
3 Definitions
In section 3(1) of the Supreme Court Act 1986 See:
Act No.
insert the following definition-- 110/1986.
Reprint No. 6
5 "judicial resolution conference means a as at
28 April 2006
resolution process presided over by a Judge and
of the Court or an Associate Judge for the amending
Act Nos
purposes of negotiating a settlement of a 48/2006,
dispute including, but not limited to-- 24/2007,
8/2008, 9/2008,
10 (a) mediation, whether or not referred to 23/2008,
24/2008,
that person in accordance with the 78/2008,
Rules; 4/2009 and
9/2009.
(b) early neutral evaluation; LawToday:
www.
legislation.
(c) settlement conference; vic.gov.au
15 (d) conciliation;".
4 Mediation
In section 24A of the Supreme Court Act 1986,
after "to mediation" insert ", other than judicial
resolution conference".
20 5 New Division 3A of Part 2 inserted
After section 24A of the Supreme Court Act
1986 insert--
"Division 3A--Judicial resolution conferences
24B Judicial resolution conference
25 (1) If, in any proceeding, the Court orders or
directs that a judicial resolution conference
be conducted, no evidence shall be admitted
at the hearing of any proceeding of anything
said or done by any person in the course of
30 the conduct of the judicial resolution
conference unless the Court otherwise
561322B.I-27/7/2009 3 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 2--Supreme Court Act 1986
s. 6
orders, having regard to the interests of
justice and fairness.
(2) Without limiting section 16 of the Evidence
Act 2008, a Judge of the Court or an
5 Associate Judge is not compellable to give
evidence in any proceeding, whether civil or
criminal, of anything said or done or arising
from the conduct of the judicial resolution
conference.
10 24C Protection of conduct of judicial
resolution conference
Without limiting any other law, whether
written or unwritten, a Judge of the Court or
an Associate Judge performing duties in
15 connection with any judicial resolution
conference has the same protection and
immunity as a Judge of the Court has in the
performance of his or her duties as a Judge.".
6 Power to make Rules
20 In section 25 of the Supreme Court Act 1986--
(a) after subsection (1)(ea) insert--
"(eab) judicial resolution conferences,
including, but not limited to, the
practice and procedure of the Court in
25 relation to judicial resolution
conferences;";
(b) in subsection (1A)--
(i) after "Chief Justice" insert ", a Judge of
the Court, an Associate Judge";
30 (ii) after "specified class of" insert "judge
or".
__________________
561322B.I-27/7/2009 4 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 3--County Court Act 1958
s. 7
PART 3--COUNTY COURT ACT 1958
7 Definitions
In section 3(1) of the County Court Act 1958 See:
Act No.
insert the following definition-- 6230.
Reprint No. 13
5 "judicial resolution conference means a as at
15 January
resolution process presided over by a judge 2009
or an associate judge for the purposes of and
amending
negotiating a settlement of a dispute Act Nos
including, but not limited to-- 8/2008,
78/2008,
10 (a) mediation, whether or not referred to 4/2009, 9/2009
and 38/2009.
that person in accordance with the LawToday:
Rules; www.
legislation.
(b) early neutral evaluation; vic.gov.au
(c) settlement conference;
15 (d) conciliation;".
8 Mediation
In section 47B of the County Court Act 1958,
after "to mediation" insert ", other than judicial
resolution conference".
20 9 New Division 4 of Part II inserted
After section 40 of the County Court Act 1958
insert--
"Division 4--Judicial resolution conferences
41 Judicial resolution conference
25 (1) If, in any civil proceeding, the Court orders
or directs that a judicial resolution
conference be conducted, no evidence shall
be admitted at the hearing of any civil
proceeding of anything said or done by any
30 person in the course of the conduct of the
judicial resolution conference unless the
561322B.I-27/7/2009 5 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 3--County Court Act 1958
s. 10
Court otherwise orders, having regard to the
interests of justice and fairness.
(2) Without limiting section 16 of the Evidence
Act 2008, a judge or an associate judge is
5 not compellable to give evidence in any
proceeding, whether civil or criminal, of
anything said or done or arising from the
conduct of the judicial resolution conference.
42 Protection of conduct of judicial
10 resolution conference
Without limiting any other law, whether
written or unwritten, a judge or an associate
judge performing duties in connection with
judicial resolution conference has the same
15 protection and immunity as a Judge of the
Supreme Court has in the performance of his
or her duties as a Judge.".
10 Division heading inserted
Insert the following heading to Division 6 of
20 Part II of the County Court Act 1958--
"Division 6--Arbitration, mediation, and
reference for inquiry".
11 Power to make Rules
In section 78 of the County Court Act 1958--
25 (a) after subsection (1)(hca) insert--
"(hcb) judicial resolution conferences,
including, but not limited to the
practice and procedure of the Court in
relation to judicial resolution
30 conferences;";
(b) in subsection (6), after "by subsection"
insert "(1)(hcb),";
561322B.I-27/7/2009 6 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 3--County Court Act 1958
s. 11
(c) in subsection (7), after "under subsection"
insert "(1)(hcb),".
__________________
561322B.I-27/7/2009 7 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 4--Magistrates' Court Act 1989
s. 12
PART 4--MAGISTRATES' COURT ACT 1989
12 Definitions
See: In section 3(1) of the Magistrates' Court Act
Act No.
51/1989. 1989 insert the following definition--
Reprint No. 14
5 as at "judicial resolution conference means a
21 August
2008
resolution process presided over by a
and magistrate for the purposes of negotiating a
amending
Act Nos
settlement of a dispute including, but not
51/2006, limited to--
12/2008,
10 34/2008, (a) mediation, whether or not referred to
38/2008,
52/2008, that person in accordance with the
68/2008, Rules;
72/2008,
74/2008, (b) early neutral evaluation;
76/2008,
78/2008,
83/2008,
(c) settlement conference;
4/2009, 7/2009,
15 9/2009, (d) conciliation;".
13/2009,
25/2009 and
30/2009.
LawToday:
www.
legislation.
vic.gov.au
13 Mediation
After section 108(2) of the Magistrates' Court
Act 1989 insert--
"(3) Subsection (2) does not apply to mediation
20 by judicial resolution conference.
Note
See section 108B.".
561322B.I-27/7/2009 8 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 4--Magistrates' Court Act 1989
s. 14
14 Rules of Court
After section 16(1)(fb) of the Magistrates' Court
Act 1989 insert--
"(fc) judicial resolution conferences, including,
5 but not limited to the practice and procedure
of the Court in relation to judicial resolution
conferences;".
15 New Division 3B of Part 5
After Division 3A of Part 5 of the Magistrates'
10 Court Act 1989 insert--
"Division 3B--Judicial resolution conferences
108B Judicial resolution conferences
(1) If, in any civil proceeding, the Court orders
or directs that a judicial resolution
15 conference be conducted, no evidence shall
be admitted at the hearing of any civil
proceeding of anything said or done by any
person in the course of the conduct of the
judicial resolution conference unless the
20 Court otherwise orders, having regard to the
interests of justice and fairness.
(2) Without limiting section 16 of the Evidence
Act 2008, a magistrate is not compellable to
give evidence in any proceeding, whether
25 civil or criminal, of anything said or done or
arising from the conduct of the judicial
resolution conference.
108C Protection of conduct of judicial
resolution conference
30 Without limiting any other law, whether
written or unwritten, a magistrate performing
duties in connection with any judicial
resolution conference has the same
protection and immunity as a Judge of the
561322B.I-27/7/2009 9 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 4--Magistrates' Court Act 1989
s. 15
Supreme Court has in the performance of his
or her duties as a Judge.".
__________________
561322B.I-27/7/2009 10 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 5--Children, Youth and Families Act 2005
s. 16
PART 5--CHILDREN, YOUTH AND FAMILIES ACT 2005
16 Definitions
In section 3(1) of the Children, Youth and See:
Act No.
Families Act 2005 insert the following 96/2005.
5 definition-- Reprint No. 1
as at
23 April 2007
"judicial resolution conference means a and
resolution process in the Family Division of amending
Act Nos
the Court presided over by the President or a 97/2005,
magistrate for the purposes of negotiating a 23/2006,
24/2006,
10 settlement of a dispute-- 51/2006,
81/2006,
(a) including, but not limited to-- 24/2007,
28/2007,
(i) mediation; or 56/2007,
7/2008, 8/2008,
(ii) early neutral evaluation; 9/2008,
12/2008,
(iii) settlement conference; 52/2008,
68/2008,
15 (iv) conciliation; 77/2008,
4/2009, 7/2009,
22/2009,
(b) other than a dispute resolution 25/2009 and
conference under section 217;". 26/2009
LawToday:
www.
legislation.
vic.gov.au
17 Proceedings to be heard in open court
In section 523(1) of the Children, Youth and
20 Families Act 2005 after "subsection (2)" insert
"and section 527A".
18 New sections 527A and 527B inserted
After section 527 of the Children, Youth and
Families Act 2005 insert--
25 "527A Judicial resolution conference
(1) If, in any proceeding in the Family Division
of the Court, the court orders or directs that a
judicial resolution conference be conducted,
561322B.I-27/7/2009 11 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 5--Children, Youth and Families Act 2005
s. 19
no evidence is admissible at the hearing of
any proceeding in that Division of anything
said or done by any person in the course of
the conduct of the judicial resolution
5 conference unless the court otherwise orders,
having regard to the interests of justice and
fairness.
(2) Without limiting section 16 of the Evidence
Act 2008, the President or a magistrate is not
10 compellable to give evidence in any
proceeding, whether civil or criminal, of
anything said or done or arising from the
conduct of the judicial resolution conference.
527B Protection of conduct of judicial
15 resolution conference
Without limiting any other law, whether
written or unwritten, the President or a
magistrate performing duties in connection
with any judicial resolution conference has
20 the same protection and immunity as a Judge
of the Supreme Court has in the performance
of his or her duties as a Judge.".
19 Rules
For section 588(1) of the Children, Youth and
25 Families Act 2005 substitute--
"(1) The President together with 2 or more
magistrates for the Court may jointly make
rules of court for or with respect to--
(a) the prescription of forms for the
30 purposes of the Family Division of the
Court;
561322B.I-27/7/2009 12 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 5--Children, Youth and Families Act 2005
s. 19
(b) judicial resolution conferences,
including, but not limited to the
practice and procedure of the Court in
relation to judicial resolution
5 conferences.".
__________________
561322B.I-27/7/2009 13 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Part 6--General
s. 20
PART 6--GENERAL
20 Repeal of amending Act
This Act is repealed on 1 August 2011.
Note
5 The repeal of 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).
561322B.I-27/7/2009 14 BILL LA INTRODUCTION 27/7/2009
Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561322B.I-27/7/2009 15 BILL LA INTRODUCTION 27/7/2009
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