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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Magistrates' Court (Judicial Registrars and Court
Rules) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
PART 2--MAGISTRATES' COURT JUDICIAL REGISTRARS 3
3. Definition 3
4. Judicial registrar may constitute Magistrates' Court 3
5. New Part 2A inserted in the Magistrates' Court Act 1989 4
PART 2A--JUDICIAL REGISTRARS 4
16B. Guidelines relating to the appointment of judicial
registrars 4
16C. Appointment of judicial registrars 5
16D. Terms and conditions of appointment 6
16E. Resignation from office 6
16F. Suspension from office 7
16G. Investigation of judicial registrar 7
16H. Removal of judicial registrar from office 9
16I. Rules of Court 9
16J. Performance of duties by judicial registrar 10
16K. Review of decisions of judicial registrar 10
6. Amendment of Magistrates' Court Act 1989 consequential
on Legal Profession Act 2004 11
PART 3--RULES OF COURT IN THE MAGISTRATES' COURT 12
7. Amendment of section 16 of the Magistrates' Court
Act 1989 12
8. Repeal of certain regulation-making powers in section 140
of the Magistrates' Court Act 1989 16
9. Other consequential amendments 16
i
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Clause Page
10. Transitional provision 17
11. Consequential amendments 18
ENDNOTES 19
ii
551332B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Magistrates' Court Act 1989 so as to provide for the
appointment of, and the powers exercisable by, judicial registrars in
the Magistrates' Court and for the making of rules of court in relation
to criminal proceedings in the Magistrates' Court and for other
purposes.
Magistrates' Court (Judicial Registrars
and Court Rules) Act 2005
The Parliament of Victoria enacts as follows:
1
551332B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Magistrates' Court (Judicial Registrars and Court Rules) Act
2005
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to provide for the appointment of, and the
powers exercisable by, judicial registrars in
5
the Magistrates' Court; and
(b) to provide for the making of rules of court in
relation to criminal proceedings in the
Magistrates' Court.
2. Commencement
10
(1) This Act (other than section 6) comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Section 6 comes into operation on the day on
which item 63 in Schedule 1 to the Legal
15
Profession (Consequential Amendments) Act
2005 comes into operation.
__________________
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Act No.
Part 2--Magistrates' Court Judicial Registrars
s. 3
PART 2--MAGISTRATES' COURT JUDICIAL REGISTRARS
3. Definition
See:
Insert the following definition in section 3(1) of Act No.
the Magistrates' Court Act 1989-- 51/1989.
Reprint No. 10
' "judicial registrar" means a judicial registrar of
5 as at
13 October
the Court appointed under section 16C;'. 2004
and
4. Judicial registrar may constitute Magistrates' Court amending
Act Nos
(1) In section 4(2) of the Magistrates' Court Act 27/2002,
1989, after "magistrates" insert ", the judicial 80/2003,
94/2003,
registrars of the court".
10 68/2004,
77/2004,
(2) After section 4(3) of the Magistrates' Court Act 107/2004,
108/2004,
1989 insert-- 2/2005 and
3/2005.
"(3AA) Without limiting sub-section (3), the Court LawToday:
may be constituted by a judicial registrar in www.dms.
dpc.vic.
the case of any proceeding for which
15 gov.au
provision is made by rules of court for--
(a) the Court to be so constituted; and
(b) the delegation to judicial registrars of
powers of the Court to hear and
determine the proceeding.".
20
(3) After section 4(3A) of the Magistrates' Court
Act 1989 insert--
"(3AB) Nothing in sub-section (3A) prevents the
Industrial Division being constituted by a
judicial registrar in accordance with sub-
25
section (3AA).".
(4) After section 4A(3) of the Magistrates' Court
Act 1989 insert--
"(3A) Nothing in sub-section (3) prevents the Drug
Court Division being constituted by a
30
judicial registrar in accordance with
section 4(3AA).".
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(5) After section 4H(3) of the Magistrates' Court
Act 1989 insert--
"(3A) Nothing in sub-section (3) prevents the
Family Violence Court Division being
constituted by a judicial registrar in
5
accordance with section 4(3AA).".
5. New Part 2A inserted in the Magistrates' Court
Act 1989
After Part 2 of the Magistrates' Court Act 1989
insert--
10
"PART 2A--JUDICIAL REGISTRARS
16B. Guidelines relating to the appointment of
judicial registrars
(1) The Chief Magistrate may, in consultation
with the Attorney-General--
15
(a) prepare guidelines relating to the
appointment of judicial registrars of the
Court; and
(b) from time to time amend or revoke any
guidelines prepared under
20
paragraph (a).
(2) The Chief Magistrate must, as soon as
practicable after preparing, amending or
revoking any guidelines under sub-
section (1), cause a copy of the guidelines or
25
the amendment or notice of the revocation
(as the case requires) to be given to the
Attorney-General.
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16C. Appointment of judicial registrars
(1) The Chief Magistrate may, at any time,
having regard to any guidelines in force
under section 16B(1), recommend to the
Attorney-General that a judicial registrar, or
5
more than one judicial registrar, of the Court
be appointed by the Governor in Council.
(2) The Attorney-General, on receiving a
recommendation under sub-section (1), may
recommend to the Governor in Council that a
10
judicial registrar, or more than one judicial
registrar, of the Court be appointed by him or
her under sub-section (3).
(3) The Governor in Council, on the
recommendation of the Attorney-General,
15
may appoint a person as a judicial registrar
of the Court for the period, not exceeding
5 years, specified in his or her instrument of
appointment.
(4) A person is not eligible for appointment as a
20
judicial registrar unless he or she is--
(a) admitted to legal practice in Victoria,
another State, the Northern Territory or
the Australian Capital Territory; or
(b) enrolled as a legal practitioner of the
25
High Court of Australia.
(5) A judicial registrar may be appointed on a
full-time or part-time basis.
(6) A judicial registrar, although not appointed
on a part-time basis, may, by agreement in
30
writing entered into with the Chief
Magistrate, undertake the duties of a judicial
registrar on a part-time basis.
(7) A judicial registrar is eligible for re-
appointment.
35
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(8) The Public Administration Act 2004 does
not apply to a judicial registrar in respect of
the office of judicial registrar.
16D. Terms and conditions of appointment
(1) A judicial registrar is entitled to receive the
5
remuneration and allowances that are fixed
in respect of him or her from time to time by
the Governor in Council.
(2) Except with the approval of the Attorney-
General, a judicial registrar must not engage
10
in legal practice, undertake paid employment
or conduct a business, trade or profession of
any kind.
(3) A judicial registrar must disclose to the Chief
Magistrate in writing any direct or indirect
15
pecuniary interest that he or she has or
acquires that could conflict with the proper
performance of the duties of the office of
judicial registrar.
(4) Despite any provision to the contrary made
20
by or under any other Act, a person who has
held the office of judicial registrar is entitled
to have his or her service in that office taken
into account in computing the period of
service which entitles public officials (within
25
the meaning of the Public Administration
Act 2004) to be granted long service leave or
other leave entitlements, whether his or her
service in the office of judicial registrar is
before or after any period of service as such
30
a public official.
16E. Resignation from office
A judicial registrar may resign from office
by delivering to the Governor a signed letter
of resignation.
35
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16F. Suspension from office
(1) The Chief Magistrate, with the approval of
the Attorney-General, may suspend a judicial
registrar from office, if the Chief Magistrate
believes that there may be grounds for
5
removal of the judicial registrar from office.
(2) A judicial registrar who is suspended under
this section remains entitled to his or her
remuneration and allowances as judicial
registrar during the period of suspension.
10
16G. Investigation of judicial registrar
(1) As soon as practicable after the Chief
Magistrate suspends a judicial registrar from
office under section 16F, the Attorney-
General must appoint a person nominated by
15
the Chief Magistrate to undertake an
investigation into the judicial registrar's
conduct.
(2) A person appointed under sub-section (1)
must--
20
(a) investigate the judicial registrar's
conduct; and
(b) report to the Attorney-General on the
investigation; and
(c) give a copy of the report to the judicial
25
registrar and the Chief Magistrate.
(3) A report under sub-section (2)(b) may
include a recommendation that the judicial
registrar be removed from office.
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(4) After receiving a report under sub-section
(2)(b) recommending removal, the Attorney-
General, after consulting the Chief
Magistrate, may recommend to the Governor
in Council that the judicial registrar be
5
removed from office.
(5) The person who conducted the investigation
and the Attorney-General may only
recommend that a judicial registrar be
removed on the ground of proved
10
misbehaviour or incapacity.
(6) The Attorney-General must not make a
recommendation under sub-section (4)
unless the judicial registrar has been given a
reasonable opportunity to make written and
15
oral submissions to the person who
conducted the investigation and the Chief
Magistrate.
(7) In making a recommendation under sub-
section (4), the Attorney-General is entitled
20
to rely on any findings contained in the
report under sub-section (2).
(8) If the Attorney-General decides not to make
a recommendation under sub-section (4)--
(a) the Attorney-General must inform the
25
Chief Magistrate as soon as practicable
after receiving the report under sub-
section (2)(b); and
(b) the Chief Magistrate must lift the
suspension.
30
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16H. Removal of judicial registrar from office
The Governor in Council may remove a
judicial registrar from office on the
recommendation of the Attorney-General
under section 16G but not otherwise.
5
16I. Rules of Court
The Chief Magistrate together with 2 or
more Deputy Chief Magistrates may jointly
make rules of court for or with respect to--
(a) the prescription of the proceedings or
10
class of proceedings which may be
dealt with by the Court constituted by a
judicial registrar;
(b) delegating to the judicial registrars all
or any of the powers of the Court
15
except the power--
(i) to impose a sentence of
imprisonment or of detention in a
youth training centre or youth
residential centre; or
20
(ii) to make an intensive correction
order within the meaning of the
Sentencing Act 1991; or
(iii) to make a drug treatment order
within the meaning of the
25
Sentencing Act 1991; or
(iv) to make a hospital security order
within the meaning of the Mental
Health Act 1986; or
(v) to hear and determine an appeal
30
made to the Court.
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16J. Performance of duties by judicial
registrar
(1) A judicial registrar must not hear, or
continue to hear, a proceeding that the
judicial registrar considers for any reason
5
inappropriate for hearing and determination
by the Court constituted by a judicial
registrar and must make appropriate
arrangements for the proceeding to be heard
and determined by the Court constituted by a
10
magistrate.
(2) A judicial registrar, in the performance of his
or her duties as a judicial registrar, is not
subject to the direction or control of any
person or body.
15
(3) A judicial registrar has, in the performance
of his or her duties as a judicial registrar, the
same protection and immunity as a Judge of
the Supreme Court has in the performance of
his or her duties as a Judge.
20
16K. Review of decisions of judicial registrar
(1) The Court constituted by a magistrate may
direct that the hearing and determination of a
proceeding by the Court constituted by a
judicial registrar be reviewed by the Court
25
constituted by a magistrate.
(2) A direction may be given under sub-
section (1) at the request of a party to the
proceeding or by the Court of its own
motion.
30
(3) A review under this section is to be
conducted as a hearing de novo.".
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s. 6
6. Amendment of Magistrates' Court Act 1989
consequential on Legal Profession Act 2004
For section 16C(4)(a) of the Magistrates' Court
Act 1989 substitute--
"(a) an Australian lawyer within the meaning of
5
the Legal Profession Act 2004; or".
__________________
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Act No.
Part 3--Rules of Court in the Magistrates' Court
s. 7
PART 3--RULES OF COURT IN THE MAGISTRATES'
COURT
7. Amendment of section 16 of the Magistrates' Court
Act 1989
(1) Insert the following heading to section 16 of the
5
Magistrates' Court Act 1989--
"Rules of Court".
(2) After section 16(1) of the Magistrates' Court Act
1989 insert--
"(1A) The Chief Magistrate together with 2 or
10
more Deputy Chief Magistrates may jointly
make rules of court for or with respect to the
following--
(a) prescribing by scale or otherwise the
costs of and incidental to criminal
15
proceedings in the Court;
(b) prescribing a method for the electronic
filing of charges;
(c) the form in which process may be
issued out of the Court and the manner
20
in which it may be authenticated,
stored, transmitted or otherwise dealt
with;
(d) the manner in which orders may be
authenticated;
25
(e) any matter relating to the practice and
procedure of the Koori Court Division
of the Court;
(f) the transfer of proceedings to and from
the Koori Court Division of the Court;
30
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(g) any matter relating to the practice and
procedure of the Family Violence Court
Division of the Court;
(h) the transfer of proceedings to and from
the Family Violence Court Division of
5
the Court;
(i) the procedure to be followed on a
proceeding held under an order made
under section 56A;
(j) any matter relating to the practice and
10
procedure of the Court in committal
proceedings;
(k) without limiting paragraph (j), steps or
processes in the course of a committal
proceeding, the purpose or objective of
15
any such step or process, the
prescription of time limits in relation to
the taking of any such step or process
and the procedure applicable to that
step or process;
20
(l) forms to be used in committal
proceedings;
(m) prescribing the venue of the Court at
which any particular proceeding or
class of proceeding or procedure set out
25
in Schedule 7 is to be brought;
(n) prescribing the rules, practice and
procedure applicable to the execution
of a warrant to seize property issued for
the enforcement of an order made by
30
the Court in a criminal proceeding;
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(o) the storage, disposal or destruction of
documents--
(i) filed or lodged with the
appropriate registrar in criminal
proceedings; or
5
(ii) issued out of the Court in criminal
proceedings and kept by the
principal registrar;
(p) requirements for the purposes of
Part IIA of the Evidence Act 1958 for
10
or with respect to--
(i) the form of audio visual or audio
link;
(ii) the equipment, or class of
equipment, used to establish the
15
link;
(iii) the layout of cameras;
(iv) the standard, or speed, of
transmission;
(v) the quality of communication;
20
(vi) any other matter relating to the
link;
(q) applications to the Court under
Division 2 or 3 of Part IIA of the
Evidence Act 1958;
25
(r) any matter relating to the practice and
procedure of the Court under Part IIA
of the Evidence Act 1958;
(s) the forms to be used in criminal
proceedings;
30
(t) prescribing the manner of service of
any document in a criminal proceeding;
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s. 7
(u) the recording of proceedings in the
Court;
(v) generally, any matter relating to the
practice and procedure of the Court in
criminal proceedings.
5
(1B) Without limiting any other power to make
rules of court conferred by this or any other
Act, the Chief Magistrate together with 2 or
more Deputy Chief Magistrates may jointly
make rules of court for or with respect to
10
generally prescribing any matter or thing
required or permitted by this Act to be
prescribed by rules of court or necessary to
be prescribed by rules of court to give effect
to this Act.
15
(1C) In exercising a power conferred by sub-
section (1A)(j), (k) or (l) to make rules, the
Chief Magistrate and the Deputy Chief
Magistrates must have regard to the interests
of the community in ensuring the prompt and
20
efficient disposal of criminal proceedings.
(1D) A power conferred by this Act to make rules
may be exercised--
(a) either in relation to all cases to which
the power extends, or in relation to all
25
those cases subject to specified
exceptions, or in relation to any
specified case or class of case; and
(b) so as to make, as respects the cases in
relation to which it is exercised--
30
(i) the same provision for all cases in
relation to which the power is
exercised, or different provisions
for different cases or classes of
case, or different provisions for
35
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the same case or class of case for
different purposes; or
(ii) any such provision either
unconditionally or subject to any
specified condition.
5
(1E) Rules made under this Act may be made so
as to--
(a) require a matter affected by the rules to
be approved by or to the satisfaction of
a specified court official or a specified
10
class of court official; and
(b) confer a discretionary authority or
impose a duty on a specified person or
a specified class of person; and
(c) provide in a specified case or class of
15
case for the exemption of proceedings
or a class of proceeding from any of the
provisions of the rules, whether
unconditionally or on specified
conditions and either wholly or to such
20
an extent as is specified.".
8. Repeal of certain regulation-making powers in
section 140 of the Magistrates' Court Act 1989
In section 140(1) of the Magistrates' Court Act
1989, paragraphs (ab), (ca), (d), (da), (i), (j), (k),
25
(l) and (la) are repealed.
9. Other consequential amendments
(1) Section 16(4) of the Magistrates' Court Act
1989 is repealed.
(2) Sections 141 to 145 of the Magistrates' Court
30
Act 1989 are repealed.
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10. Transitional provision
At the end of Schedule 8 to the Magistrates'
Court Act 1989 insert--
"34. (1) Subject to sub-clauses (2) and (3), the
5 amendments of section 140 of this Act made by
section 8 of the Magistrates' Court (Judicial
Registrars and Court Rules) Act 2005 do not
affect the operation of any regulations made
under that section of this Act.
10 (2) If, but for sub-clause (1), a provision of the
regulations made under section 140 would
cease to have effect because of the repeal of the
power conferred by that section to make the
provision, the provision continues in operation
15 until it is revoked or the first anniversary of the
commencement of section 8 of the
Magistrates' Court (Judicial Registrars and
Court Rules) Act 2005 (whichever first
occurs).
20 (3) A provision of the regulations made under
section 140 is of no force or effect to the extent
that it deals with a matter dealt with by a rule
made under section 16(1A).
(4) Despite the amendments of section 140 of this
25 Act made by section 8 of the Magistrates'
Court (Judicial Registrars and Court Rules)
Act 2005 and without limiting any other power
to make regulations conferred by this Act, the
Governor in Council may, until the first
30 anniversary of the commencement of section 8
of the Magistrates' Court (Judicial
Registrars and Court Rules) Act 2005, make
regulations under that section revoking any
provision of the regulations made under a
35 power conferred by that section that is repealed
by those amendments.".
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11. Consequential amendments
(1) In section 24(2) of the Children and Young
Persons Act 1989 for "regulations" substitute
"rules".
(2) In section 68(1) of the Sentencing Act 1991--
5
(a) for "and the County Court Act 1958 and the
power to make regulations under the
Magistrates' Court Act 1989" substitute
", the County Court Act 1958 and the
Magistrates' Court Act 1989";
10
(b) omit "or regulations (as the case requires)".
(3) In section 129H(4) of the Transport Act 1983 for
"regulations" substitute "rules".
18
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
19
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