Victorian Consolidated Legislation

Council of Law Reporting in Victoria Act 1967 - SECT 5

Constitution of Council

5. Constitution of Council



(1) The Council shall consist of-

   (a)  a judge of the Supreme Court who shall be appointed by the Chief
        Justice as chairman of the Council;

   (b)  the Attorney-General; the Solicitor-General and the Librarian of the
        Supreme Court who shall be members ex officio;

   (c)  two members appointed by the professional association known as Law
        Institute of Victoria Limited ACN 075 475 731;





   (d)  two members appointed by the professional association known as
        Victorian Bar Inc, an association incorporated under the
        Associations Incorporation Act 1981.



(1A) Where-

   (a)  there is a vacancy in the office of Chairman; or

   (b)  the Chairman is or is about to be absent or for any reason unable to
        perform the functions of his office-

the Chief Justice may appoint a judge of the Supreme Court or a member of the
Council to act as the Chairman until the filling of the vacancy or during the
absence or inability.

(2) Despite the change in membership composition made by section 16 of the
Justice Legislation (Further Amendment) Act 2006-

   (a)  the Council continues to be the same body after as before that change
        and that change does not affect any act, matter or thing; and

   (b)  a member appointed by Law Institute of Victoria Limited ACN 075 475
        731 and holding office under subsection (1)(c) (as in force
        immediately before the commencement of that section of that Act)
        continues in office, subject to this Act, as an appointee of that body
        until the expiry of his or her current term of office or the
        appointment of his or her successor, whichever is the later; and

   (c)  a member appointed by the Victorian Bar Council under subsection
        (1)(d) (as in force immediately before the commencement of section 453
        of the Legal Practice Act 1996) and continuing to hold office as a
        member by force of section 6(2) immediately before the commencement of
        section 16 of the Justice Legislation (Further Amendment) Act 2006
        continues in office, subject to this Act, as if he or she were an
        appointee of Victorian Bar Inc under subsection (1)(d) until the
        expiry of his or her current term of office or the appointment of his
        or her successor, whichever is the later.

(3) The Attorney-General and Solicitor-General may respectively nominate
persons to represent them at any meeting of the Council and a person while so
representing either of them shall be deemed to be a member of the Council.



(4) The powers of the Council or the validity of its acts shall not be
affected by any vacancy in the membership thereof or by any defect or
irregularity in the appointment or qualification of any member.