Victorian Consolidated Legislation

Constitution Act 1975 - SECT 85

Powers and jurisdiction of the Court

85. Powers and jurisdiction of the Court



(1) Subject to this Act the Court shall have jurisdiction in or in relation to
Victoria its dependencies and the areas adjacent thereto in all cases
whatsoever and shall be the superior Court of Victoria with unlimited
jurisdiction.



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(3) The Court has and may exercise such jurisdiction (whether original or
appellate) and such powers and authorities as it had immediately before the
commencement of the Supreme Court Act 1986.

(4) This Act does not limit or affect the power of the Parliament to confer
additional jurisdiction or powers on the Court.

(5) A provision of an Act, other than a provision which directly repeals or
directly amends any part of this section, is not to be taken to repeal, alter
or vary this section unless12-

   (a)  the Act expressly refers to this section in, or in relation to, that
        provision and expressly, and not merely by implication, states an
        intention to repeal, alter or vary this section; and

   (b)  the member of the Parliament who introduces the Bill for the Act or,
        if the provision is inserted in the Act by another Act, the Bill for
        that other Act, or a person acting on his or her behalf, makes a
        statement to the Council or the Assembly, as the case requires, of the
        reasons for repealing, altering or varying this section; and

   (c)  the statement is so made-

   (i)  during the member's second reading speech; or

   (ii) after not less than 24 hours' notice is given of the intention to make
        the statement but before the third reading of the Bill; or

   (iii) with the leave of the Council or the Assembly, as the case requires,
        at any time before the third reading of the Bill.

(6) A provision of a Bill which excludes or restricts, or purports to exclude
or restrict, judicial review by the Court of a decision of another court,
tribunal, body or person is to be taken to repeal, alter or vary this section
and to be of no effect unless the requirements of subsection (5) are
satisfied13.

(7) A provision of an Act which creates, or purports to create, a summary
offence is not to be taken, on that account, to repeal, alter or vary this
section14.

(8) A provision of an Act that confers jurisdiction on a court, tribunal, body
or person which would otherwise be exercisable by the Supreme Court, or which
augments any such jurisdiction conferred on a court, tribunal, body or person,
does not exclude the jurisdiction of the Supreme Court except as provided in
subsection (5)15.

(8A) The following sections of this Act alter or vary this section and have
effect, for the purposes of this section, as direct amendments of this
section-

   (a)  sections 73 and 74 as they apply to publication within the meaning of
        those sections as amended by section 3 of the Constitution (Amendment)
        Act 1997;

   (b)  section 74AA.



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(9) Section 63 of the Accident Compensation (WorkCover) Act 1992 as amended by
section 65(1) of the Accident Compensation (Amendment) Act 1994 and as amended
by section 50(1) of the Accident Compensation (Amendment) Act 1996 and as
amended by section 30 of the Accident Compensation (Further Amendment) Act
1996 and as amended by sections 11, 45, 46, 47 and 48 of the Accident
Compensation (Miscellaneous Amendment) Act 1997 alters or varies this section
to the extent necessary to limit the jurisdiction of the Supreme Court as
specified in that section and has effect as a direct amendment of this
section.

(10) Section 252C of the Accident Compensation Act 1985 alters or varies this
section and has effect as a direct amendment of this section.

(11) Section 4 of the Corporations (Commonwealth Powers) Act 2001 alters or
varies this section and has effect as a direct amendment of this section.

(12) Divisions 2 and 3 of Part 6 of the Road Management Act 2004 (as inserted
by section 270 of the Mitcham-Frankston Project Act 2004) and section 129 of
the Road Management Act 2004 (as inserted by section 272 of the
Mitcham-Frankston Project Act 2004) alter or vary this section and have effect
as direct amendments of this section.

(13) Section 52(4) of the Victorian Civil and Administrative Tribunal Act 1998
(as amended by section 167(1) of the Road Management Act 2004 as that Act is
amended by section 276 of the Mitcham-Frankston Project Act 2004) alters or
varies this section and has effect as a direct amendment of this section.

(14) Section 246CZC of the Transport Act 1983 (as inserted by section 15 of
the Transport Legislation (Further Amendment) Act 2005) alters or varies this
section and has effect as a direct amendment of this section.