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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Victoria Law Foundation Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
PART 2--VICTORIA LAW FOUNDATION 4
4 Continuation of the Victoria Law Foundation 4
5 Functions of the Foundation 4
6 General powers of the Foundation 5
7 Constitution and membership of the Foundation 7
8 Terms and conditions of office of members 7
9 Meetings 8
10 Conflicts of interest 9
11 Validity of decisions 10
12 Executive Director and employees 10
PART 3--TRANSITIONAL PROVISIONS AND REPEAL 11
13 Transitional provisions 11
14 Repeal of Victoria Law Foundation Act 1978 11
ENDNOTES 12
561200B.I-24/6/2008 i BILL LA INTRODUCTION 24/6/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Victoria Law Foundation Bill 2008
A Bill for an Act to provide for the continuation of the Victoria Law
Foundation and to repeal the Victoria Law Foundation Act 1978 and
for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to provide for the continuation of the
5 Victoria Law Foundation and the
re-enactment with amendments of the laws
relating to the governance of the Foundation;
(b) to repeal the Victoria Law Foundation Act
1978.
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Part 1--Preliminary
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
5 1 July 2009, it comes into operation on that day.
3 Definitions
In this Act--
Foundation means the Victoria Law Foundation;
judicial office means the office of any of the
10 following--
(a) Judge of the Supreme Court;
(b) Master or Associate Judge of the
Supreme Court;
(c) judge of the County Court;
15 (d) master or associate judge of the County
Court;
(e) magistrate;
(f) judge, master, associate judge or
magistrate of--
20 (i) the High Court of Australia or of a
court created by the Parliament of
the Commonwealth; or
(ii) a court of a State other than
Victoria or of the Northern
25 Territory or the Australian Capital
Territory;
Law Institute means Law Institute of Victoria
Limited A.C.N. 075 475 731;
lawyer means--
30 (a) an Australian lawyer (within the
meaning of the Legal Profession Act
2004); or
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Victoria Law Foundation Bill 2008
Part 1--Preliminary
s. 3
(b) an Australian legal practitioner (within
the meaning of the Legal Profession
Act 2004); or
(c) a person who holds or has held judicial
5 office;
member means a member of the Victoria Law
Foundation;
Victorian Bar means Victorian Bar Inc, an
association incorporated under the
10 Associations Incorporation Act 1981.
__________________
561200B.I-24/6/2008 3 BILL LA INTRODUCTION 24/6/2008
Victoria Law Foundation Bill 2008
Part 2--Victoria Law Foundation
s. 4
PART 2--VICTORIA LAW FOUNDATION
4 Continuation of the Victoria Law Foundation
(1) There continues to be a body corporate called the
Victoria Law Foundation.
5 (2) The Foundation--
(a) has perpetual succession;
(b) must have an official seal;
(c) may sue and be sued in its corporate name;
(d) is capable of taking, purchasing, leasing,
10 holding, selling, exchanging and disposing
of real and personal property for the
purposes of this Act;
(e) may do and suffer all acts and things which a
body corporate may by law do and suffer.
15 (3) The official seal of the Foundation must be kept in
such custody as the Foundation directs and must
not be used except as authorised by the
Foundation.
(4) All courts must take judicial notice of the imprint
20 of the official seal on a document and, until the
contrary is proved, must presume that the
document was properly sealed.
5 Functions of the Foundation
The functions of the Foundation are--
25 (a) to promote or undertake community
education within Victoria, including school
programs, in relation to the law and the legal
system;
561200B.I-24/6/2008 4 BILL LA INTRODUCTION 24/6/2008
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Part 2--Victoria Law Foundation
s. 6
(b) to disseminate knowledge relating to the law
to assist persons in accessing the law and to
educate lawyers in matters relating to the
administration of justice and access to the
5 law;
(c) to commission research, and disseminate
such research, in relation to--
(i) access to the law;
(ii) identifying the needs of persons who
10 are unable to access, or face barriers in
accessing, the law effectively;
(d) to make grants to organisations to fund
projects and programs in relation to the law
that in the opinion of the Foundation are
15 likely to benefit the people of Victoria;
(e) to inform the people of Victoria about
matters in relation to the law that are in the
public interest;
(f) to publish or subsidise the publication of
20 material relating to, resulting from or
connected with, carrying out the functions of
the Foundation.
6 General powers of the Foundation
(1) Subject to this Act, the Foundation has power to
25 do all things necessary or convenient to be done
for or in connection with, or incidental to, the
performance of its functions.
(2) Without limiting or derogating from the generality
of the powers of the Foundation under this Act,
30 the powers of the Foundation include--
(a) creating and administering a trust fund;
(b) administering the Endowment and Reserve
Fund created by the Foundation;
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Part 2--Victoria Law Foundation
s. 6
(c) obtaining a financial benefit or assistance to
obtain a financial benefit by way of overdraft
of account at any authorised deposit-taking
institution (within the meaning of the
5 Banking Act 1959 of the Commonwealth) or
other financial institution in Australia;
(d) investing money of the Foundation;
(e) exercising any power in relation to
investments that a natural person may
10 exercise and, without limiting the generality
of the foregoing--
(i) selling, bartering, exchanging or
otherwise disposing of or getting in any
of its investments; and
15 (ii) varying its investments or transposing
any of its investments for other
investments;
(f) defraying any expenses incurred by the
Foundation for the purposes of this Act;
20 (g) charging fees for lectures, seminars, courses
or other activities conducted by the
Foundation;
(h) reimbursing to members reasonable
travelling and other expenses incurred in
25 attending meetings of the Foundation or
otherwise in connection with carrying out its
business.
(3) The Foundation may delegate by instrument its
powers under subsection (2)(b), (2)(d) and (2)(e)
30 to--
(a) the Executive Director employed under
section 12;
(b) an employee employed under section 12;
(c) a consultant engaged under section 12.
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Part 2--Victoria Law Foundation
s. 7
7 Constitution and membership of the Foundation
(1) The Foundation consists of not less than 6 and not
more than 8 members (of whom 4 must be
lawyers) appointed by the Minister after
5 consultation with the Chief Justice of the Supreme
Court, the Law Institute and the Victorian Bar.
(2) In making an appointment under subsection (1),
the Minister must have regard to the need for the
Foundation collectively to have experience and
10 skills in, and knowledge of, the following areas--
(a) the law, legal research or community legal
education;
(b) management of community organisations,
not-for-profit organisations or bodies
15 corporate;
(c) financial management;
(d) grants administration;
(e) marketing, communications and publishing.
(3) The Minister must appoint one of the members
20 appointed under subsection (1) to be the
Chairperson of the Foundation.
8 Terms and conditions of office of members
(1) Subject to this section, a member holds office for
a term of 3 years from the date of the member's
25 appointment.
(2) A member is eligible for re-appointment.
(3) The Minister may at any time remove a member
from office on the ground that the member--
(a) in the opinion of the Minister, is mentally or
30 physically incapable of carrying out the
duties of the office; or
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Part 2--Victoria Law Foundation
s. 9
(b) is absent from 3 consecutive meetings of the
Foundation without the consent of the
Foundation; or
(c) resigns from his or her office in writing
5 delivered to the Chairperson; or
(d) is an insolvent under administration; or
(e) is disqualified from managing corporations
under the Corporations Act; or
(f) is found guilty of an indictable offence or an
10 offence that, if committed in Victoria, would
be an indictable offence.
9 Meetings
(1) Meetings of the Foundation must be held at such
times and places as the Foundation may from time
15 to time determine or as the Chairperson may
direct.
(2) The Chairperson must preside at any meeting of
the Foundation at which he or she is present.
(3) If the Chairperson is absent from a meeting of the
20 Foundation, the members present at the meeting
must elect one of those present to preside at the
meeting.
(4) The quorum of the Foundation is 4 members.
(5) A question arising at a meeting is determined by a
25 majority of votes of members present and the
person presiding has a deliberative vote and, in the
case of an equality of votes, a second or casting
vote.
(6) The person presiding at a meeting must ensure
30 that accurate minutes of the meeting are kept.
(7) Subject to this Act, the Foundation may regulate
its own proceedings.
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Part 2--Victoria Law Foundation
s. 10
10 Conflicts of interest
(1) If--
(a) a member has a personal interest (whether
pecuniary or otherwise) in a matter being
5 considered or about to be considered by the
Foundation; and
(b) the interest appears to raise a conflict of
interest with the proper performance of the
member's duties in relation to the
10 consideration of the matter--
the member, as soon as practicable after becoming
aware of the relevant facts, must declare the
nature of the interest at a meeting of the
Foundation.
15 Penalty: 5 penalty units.
(2) The person presiding at a meeting at which a
declaration is made must cause a record of the
declaration to be made in the minutes of the
meeting.
20 (3) After becoming aware of the conflict of interest in
a matter--
(a) unless the Foundation directs otherwise, the
member must not be present during any
deliberations on the matter; and
25 (b) the member is not entitled to vote on the
matter; and
(c) if the member does vote, the vote must be
disallowed.
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Victoria Law Foundation Bill 2008
Part 2--Victoria Law Foundation
s. 11
11 Validity of decisions
An act or decision of the Foundation is not invalid
merely because of--
(a) a defect or irregularity in, or in connection
5 with, the appointment of a member; or
(b) a vacancy in the office of a member.
12 Executive Director and employees
(1) The Foundation may appoint an Executive
Director and any other employees that are
10 necessary for the performance by the Foundation
of its functions.
(2) The Foundation may engage any person as a
consultant on any terms and conditions that it
thinks fit.
__________________
561200B.I-24/6/2008 10 BILL LA INTRODUCTION 24/6/2008
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Part 3--Transitional Provisions and Repeal
s. 13
PART 3--TRANSITIONAL PROVISIONS AND REPEAL
13 Transitional provisions
(1) On the day this Act commences--
(a) a person holding office as a member of the
5 Foundation immediately before that day
ceases to hold that office; and
(b) the person holding office as the President of
the Foundation immediately before that day
ceases to hold that office.
10 (2) Despite the repeal of the Victoria Law
Foundation Act 1978, section 6 of that Act
continues to apply in respect to any thing done or
omitted to be done before that repeal in the
exercise or purported exercise of any power or
15 duty conferred or imposed upon the Foundation or
on any member or members of the Foundation.
(3) The Foundation is the same body as the body
corporate under the Victoria Law Foundation
Act 1978 despite the repeal of that Act and the
20 change to its membership by this Act.
14 Repeal of Victoria Law Foundation Act 1978 See:
Act No.
9174.
The Victoria Law Foundation Act 1978 is Reprint No. 1
repealed. as at
1 January
1997
and
amending
Act No.
18/2005.
LawToday:
www.
legislation.
vic.gov.au
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Victoria Law Foundation Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561200B.I-24/6/2008 12 BILL LA INTRODUCTION 24/6/2008
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