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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Justice Legislation (Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
PART 2--AMENDMENT OF LEGAL AID ACT 1978 3
3. Definitions 3
4. Arrangements and guidelines for allocation of legal aid work 3
5. New Part VIB inserted 3
PART VIB--ALTERNATIVE DISPUTE RESOLUTION 3
40I. Alternative dispute resolution programs 3
40J. Confidentiality 4
40K. Freedom of Information Act 1982 6
40L. Admissibility of evidence 6
40M. Immunity for conference chairpersons 7
PART 3--STANDARD TIME IN VICTORIA 9
6. Amendment of Summer Time Act 1972 9
7. Amendment of Supreme Court Act 1986 9
8. New section 141 inserted in Supreme Court Act 1986 10
141. Transitional provision--Justice Legislation
(Amendment) Act 2005 10
PART 4--AMENDMENT OF VICTORIAN LAW REFORM
COMMISSION ACT 2000 11
9. New section 21A inserted 11
21A. Reports to Parliament when Parliament is in recess 11
ENDNOTES 13
i
551265B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Legal Aid Act 1978 to facilitate the provision of
alternative dispute resolution programs by VLA, to amend the
Summer Time Act 1972 and the Supreme Court Act 1986 to change
standard time in Victoria from Greenwich Mean Time to Co-ordinated
Universal Time, to amend the Victorian Law Reform Commission
Act 2000 and for other purposes.
Justice Legislation (Amendment) Act
2005
The Parliament of Victoria enacts as follows:
1
551265B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Justice Legislation (Amendment) Act 2005
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are to--
(a) amend the Legal Aid Act 1978 to--
(i) facilitate the provision of alternative
5
dispute resolution programs by VLA;
(ii) provide for the confidentiality of
information compiled for, or arising out
of, alternative dispute resolution
programs;
10
(iii) ensure that evidence arising out of an
alternative dispute resolution program
is not admissible in any court or legal
proceeding except in limited
circumstances;
15
(iv) provide alternative dispute resolution
conference chairpersons with limited
immunity;
(b) amend the Summer Time Act 1972 and the
Supreme Court Act 1986 to change
20
standard time in Victoria from Greenwich
Mean Time to Co-ordinated Universal Time;
(c) amend the Victorian Law Reform
Commission Act 2000 to provide for
Victorian Law Reform Commission interim
25
and final reports to be sent to Parliament
when Parliament is out of session.
2. Commencement
(1) This Act, except Part 3, comes into operation on
the day after the day on which it receives the
30
Royal Assent.
(2) Part 3 comes into operation on 1 September 2005.
__________________
2
551265B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Justice Legislation (Amendment) Act 2005
Act No.
Part 2--Amendment of Legal Aid Act 1978
s. 3
See:
PART 2--AMENDMENT OF LEGAL AID ACT 1978
Act No.
9245.
3. Definitions Reprint No. 4
as at
In section 2(1) of the Legal Aid Act 1978-- 1 January
1999
(a) insert the following definitions-- and
amending
Act Nos
' "alternative dispute resolution program"
5 61/1984,
means a program for the resolution of 76/2001,
108/2004.
disputes out of court and includes LawToday:
conferencing; www.dms.
dpc.vic.
"conferencing" means a structured gov.au
negotiation process in which a
10
conference chairperson assists the
parties to a dispute to settle the dispute;
"conference chairperson" means a person
to whom a matter has been referred for
conferencing;';
15
(b) in the definition of "legal aid", after
"includes" insert "alternative dispute
resolution programs,".
4. Arrangements and guidelines for allocation of legal
aid work
20
In section 8(1)(b) of the Legal Aid Act 1978,
before "to be made available" insert "or other
persons".
5. New Part VIB inserted
After Part VIA of the Legal Aid Act 1978
25
insert--
'PART VIB--ALTERNATIVE DISPUTE
RESOLUTION
40I. Alternative dispute resolution programs
(1) VLA may provide an alternative dispute
30
resolution program to the following--
3
551265B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Justice Legislation (Amendment) Act 2005
Act No.
Part 2--Amendment of Legal Aid Act 1978
s. 5
(a) persons who have applied to VLA for
legal assistance, whether or not the
application for legal assistance is
successful; or
(b) persons who have not applied to VLA
5
for legal assistance but have been
referred to VLA to engage in an
alternative dispute resolution program.
(2) An alternative dispute resolution program
may be provided--
10
(a) by officers or employees of VLA; or
(b) by persons or bodies with expertise in
the area of alternative dispute
resolution that are engaged by VLA
specifically to conduct an alternative
15
dispute resolution program.
40J. Confidentiality
(1) In this section--
"relevant person" means--
(a) an officer or employee of VLA;
20
(b) a conference chairperson or other
person or body employed or
engaged in the conduct of an
alternative dispute resolution
program.
25
(2) A party, or a person representing a party, to
an alternative dispute resolution program
must not, except in accordance with sub-
section (4) and section 40L(2), give to any
other person or body, including a court,
30
information acquired in the course of, or
otherwise in connection with, the conduct of
an alternative dispute resolution program.
Penalty: 60 penalty units.
4
551265B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Justice Legislation (Amendment) Act 2005
Act No.
Part 2--Amendment of Legal Aid Act 1978
s. 5
(3) A relevant person must not, except in
accordance with sub-section (4) or (5), give
to any other person or body, including a
court, information acquired in the course of,
or otherwise in connection with, the conduct
5
of an alternative dispute resolution program.
Penalty: 60 penalty units.
(4) Sub-sections (2) and (3) do not apply where
a party, or a person representing a party, or a
relevant person gives, whether voluntarily or
10
at the request of VLA, the information to
VLA to fulfil its functions and duties, and for
the administration of VLA generally.
(5) Sub-section (3) does not apply where VLA
has given its consent to a relevant person,
15
and the relevant person gives the information
to another person or body in the following
circumstances--
(a) the person from whom the information
was originally obtained has consented
20
to giving it; or
(b) there are reasonable grounds to believe
that the disclosure is necessary to
prevent or minimise the danger of
injury to a person or damage to
25
property; or
(c) for statistical purposes without
revealing, or being likely to reveal, the
identity of a person about whom the
information relates; or
30
(d) if the information is required for
referring a party to any person, agency,
organisation or other body, and the
disclosure is made with the consent of
the party, for aiding in the resolution of
35
5
551265B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Justice Legislation (Amendment) Act 2005
Act No.
Part 2--Amendment of Legal Aid Act 1978
s. 5
a dispute or assisting the party in any
other matter; or
(e) the information is connected with a
proceeding founded on fraud alleged to
be connected with, or to have happened
5
during, an alternative dispute resolution
program.
(6) Nothing in this section limits or affects the
operation of section 43.
40K. Freedom of Information Act 1982
10
(1) A document which contains information
acquired in the course of, or otherwise in
connection with, the conduct of an
alternative dispute resolution program under
this Act is an exempt document within the
15
meaning of section 38 of the Freedom of
Information Act 1982.
(2) Sub-section (1) does not limit the operation
of section 38 of the Freedom of
Information Act 1982.
20
40L. Admissibility of evidence
(1) The following is not admissible in evidence
in any court or legal proceeding--
(a) anything said at or during the course of;
(b) any admission or agreement made at or
25
during the course of;
(c) any document prepared for the
purposes of, or in the course of, or as a
result of--
an alternative dispute resolution program.
30
6
551265B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Justice Legislation (Amendment) Act 2005
Act No.
Part 2--Amendment of Legal Aid Act 1978
s. 5
(2) Sub-section (1) does not apply in the
following circumstances--
(a) if all the parties to an alternative
dispute resolution program and VLA
consent to the admission of the
5
evidence or document;
(b) if the parties to an alternative dispute
resolution program have created any--
(i) note; or
(ii) record; or
10
(iii) minute of orders--
signed by the parties for the express
purpose of submitting it to a court, for
admission in evidence;
(c) if there are reasonable grounds to
15
believe that the admission of the
evidence or document is necessary to
prevent or minimise the danger of
injury to a person or damage to
property.
20
40M. Immunity for conference chairpersons
(1) A conference chairperson is not personally
liable for anything done or omitted to be
done in good faith--
(a) in the capacity of conference
25
chairperson under this Act; or
(b) in the reasonable belief that the thing
was done or omitted to be done in the
capacity of conference chairperson
under this Act.
30
7
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Justice Legislation (Amendment) Act 2005
Act No.
Part 2--Amendment of Legal Aid Act 1978
s. 5
(2) Any liability that would, but for sub-section
(1), attach to a conference chairperson,
attaches instead to VLA.'.
__________________
8
551265B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Justice Legislation (Amendment) Act 2005
Act No.
Part 3--Standard Time in Victoria
s. 6
PART 3--STANDARD TIME IN VICTORIA
See:
6. Amendment of Summer Time Act 1972 Act No.
8297.
In section 2 of the Summer Time Act 1972, for Reprint No. 1
the definition of "standard time" substitute-- as at
17 April 1997.
' "standard time" means the time that is 10 hours
5 LawToday:
www.dms.
in advance of Co-ordinated Universal Time; dpc.vic.
gov.au
Note: Under section 8AA of the National
Measurement Act 1960 of the Commonwealth
the Chief Metrologist is required to maintain
10 Co-ordinated Universal Time (UTC) as
determined by the International Bureau of
Weights and Measures.'.
See:
7. Amendment of Supreme Court Act 1986 Act No.
110/1986.
(1) Insert the following heading to section 43 of the Reprint No. 5
Supreme Court Act 1986--
15 as at
1 July 2004
"Standard time in Victoria". and
amending
(2) For section 43(1) of the Supreme Court Act Act No.
108/2004.
1986 substitute-- LawToday:
www.dms.
"(1) Standard time throughout Victoria is the time dpc.vic.
gov.au
that is 10 hours in advance of Co-ordinated
20
Universal Time.
Note: Under section 8AA of the National
Measurement Act 1960 of the Commonwealth
the Chief Metrologist is required to maintain
25 Co-ordinated Universal Time (UTC) as
determined by the International Bureau of
Weights and Measures.".
9
551265B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Justice Legislation (Amendment) Act 2005
Act No.
Part 3--Standard Time in Victoria
s. 8
8. New section 141 inserted in Supreme Court
Act 1986
After section 140 of the Supreme Court Act
1986 insert--
"141. Transitional provision--Justice
5
Legislation (Amendment) Act 2005
The amendment of section 43 of this Act
made by section 7(2) of the Justice
Legislation (Amendment) Act 2005 applies
to an instrument or anything done or not
10
done, irrespective of when the instrument
was made or the thing was done or not
done.".
__________________
10
551265B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Justice Legislation (Amendment) Act 2005
Act No.
Part 4--Amendment of Victorian Law Reform Commission Act 2000
s. 9
See:
PART 4--AMENDMENT OF VICTORIAN LAW REFORM
Act No.
COMMISSION ACT 2000 44/2000
and
amending
9. New section 21A inserted Act Nos
110/2003 and
After section 21 of the Victorian Law Reform 108/2004.
Commission Act 2000 insert--
5 LawToday:
www.dms.
"21A. Reports to Parliament when Parliament is dpc.vic.
gov.au
in recess
(1) If the Attorney-General proposes to cause an
interim or final report submitted to him or
her under section 21 to be laid before
10
Parliament at a time when Parliament is in
recess, the Attorney-General must--
(a) give one business day's notice of his or
her intention to do so to the clerk of
each House of the Parliament; and
15
(b) give the report to the clerk of each
House on the day indicated in the
notice.
(2) The clerk of each House must--
(a) notify each member of the House of the
20
receipt of a notice under sub-section
(1)(a) on the same day that the clerk
receives that notice; and
(b) give a copy of the report to each
member of the House as soon as
25
practicable after the report is received
under sub-section (1)(b); and
(c) cause the report to be laid before the
House on the next sitting day of the
House.
30
11
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Justice Legislation (Amendment) Act 2005
Act No.
Part 4--Amendment of Victorian Law Reform Commission Act 2000
s. 9
(3) An interim or final report that is given to the
clerks under sub-section (1)(b) is taken to
have been published by order, or under the
authority, of the Houses of the Parliament.
(4) For the purposes of this section, Parliament
5
is in recess when each House stands
adjourned to a date to be fixed by the
presiding officer of that House.".
12
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Justice Legislation (Amendment) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
13
551265B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
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