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Clause Page
Courts and Tribunals (General Amendment) Act
1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--ADMINISTRATIVE APPEALS TRIBUNAL ACT 1984 3
3. New section 38AA inserted 3
38AA. Mediation 3
4. Power of registrar to summon person to give evidence 4
5. Power of Tribunal to dismiss application or strike out party 4
6. Power to make costs order against legal practitioner 4
7. Protection and immunity of mediator 5
8. New section 65A inserted 5
65A. Supreme Court--limitation of jurisdiction 5
9. Regulations--reference to mediation 5
PART 3--APPEAL COSTS ACT 1964 7
10. Power to grant indemnity certificate 7
PART 4--CORONERS ACT 1985 8
11. Acting magistrates may be appointed coroners 8
12. Amendment of section 9 8
PART 5--COUNTY COURT ACT 1958 9
13. Appointment and qualification of judges 9
14. Payment of bailiff's fees 9
15. New section 47B inserted 10
47B. Mediation 10
16. Power to refer matters for inquiry or report without the consent
of the parties 10
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17. Power to enter judgment other than in accordance with a jury's
verdict 10
18. Repeal of section 79--Gazettal of orders in Council 11
PART 6--COURT SECURITY ACT 1980 12
19. Amendment of definitions 12
20. New sections 2A to 2F inserted 13
2A. Appointment of authorized officers 13
2B. Identity card 13
2C. Chief executive officer may enter into court security
agreement 14
2D. Matters to be included in agreement 14
2E. Application of FOI 15
2F. Investigation of administrative actions 16
21. Power of authorized officer to search person on court premises or
who is about to enter court premises 16
PART 7--CRIMINAL INJURIES COMPENSATION ACT 1983 19
22. Amendment of clause 1 of Schedule 1 19
2A. Vacation of office 19
PART 8--JUDICIAL STUDIES BOARD ACT 1990 20
23. Repeal of Act 20
PART 9--MAGISTRATES' COURT ACT 1989 21
24. Amendment of definitions 21
25. Acting magistrate may be assigned to and constitute Industrial
Division 22
26. Chief Magistrate to direct when Court to be held 22
27. New section 5A inserted 22
5A. Mention courts 23
28. Appointment of Acting Chief Magistrate 23
29. Acting magistrate must carry out assigned duties 24
30. Rules to be made by Chief Magistrate jointly with 2 or more
Deputy Chief Magistrates 24
31. Practice Notes 25
16A. Practice notes 25
32. Manner of paying sheriff's fees 25
33. Issue of summons by prescribed person 25
34. New section 88A inserted 26
88A. Regulations may prescribe costs of appeal 26
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35. New Division 3A of Part 5 inserted 26
108. Power to refer proceedings to mediation 26
108A. Protection of mediators 26
36. Costs discretion of the court subject to regulations 27
37. New section 139A inserted 27
139A. Supreme Court--limitation of jurisdiction 27
38. Regulations 27
39. Amendment to Schedule 2--charge filed at venue of the Court
other than proper venue 27
40. Amendment to Schedule 7--enforcement of infringement
penalties 28
PART 10--SUPREME COURT ACT 1986 31
41. Way in which Court of Appeal may be constituted 31
42. Vexatious litigants 31
43. New section 24A inserted 32
24A. Mediation 32
PART 11--MISCELLANEOUS PROVISIONS 33
44. Administrative Appeals Tribunal Act 1984--transitional
provision 33
45. Appeal Costs Act 1964--transitional provision 33
46. County Court Act 1958--transitional provisions 33
47. Magistrates' Court Act 1989--transitional provisions 34
48. Supreme Court Act 1986--transitional provision 34
NOTES 35
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531101B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
A BILL
to amend the Administrative Appeals Tribunal Act 1984, the
Appeal Costs Act 1964, the Coroners Act 1985, the County Court
Act 1958, the Court Security Act 1980, the Criminal Injuries
Compensation Act 1983, the Magistrates' Court Act 1989 and the
Supreme Court Act 1986, to repeal the Judicial Studies Board Act
1990 and for other purposes.
Courts and Tribunals (General
Amendment) Act 1996
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to--
(a) make amendments to the Administrative
Appeals Tribunal Act 1984, the Appeal
5
Costs Act 1964, the, the Coroners Act
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Courts and Tribunals (General Amendment) Act 1996
s. 2
Act No.
1985, the County Court Act 1958, the
Court Security Act 1980, the Criminal
Injuries Compensation Act 1983, the
Magistrates' Court Act 1989 and the
Supreme Court Act 1986; and
5
(b) repeal the Judicial Studies Board Act 1990.
2. Commencement
(1) This Part and Parts 2, 3, 4, 5, 7, 8, 10 and 11 come
into operation on the day on which this Act
receives the Royal Assent.
10
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 1998, it
15
comes into operation on that day.
_______________
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Courts and Tribunals (General Amendment) Act 1996
s. 3 Act No.
PART 2--ADMINISTRATIVE APPEALS TRIBUNAL ACT
1984
3. New section 38AA inserted
After section 38 of the Administrative Appeals
Tribunal Act 1984 insert--
5
No. 10155. "38AA. Mediation
Reprinted to
No. 62/1991.
(1) Subject to and in accordance with the
Subsequently
regulations, the Tribunal may, with or
amended by
Nos 91/1994,
without the consent of the parties, refer a
109/1994,
proceeding or any part of a proceeding to
10 30/1995 and
42/1995.
mediation.
(2) Where mediation occurs in accordance with
sub-section (1), if--
(a) at or after the mediation, agreement is
reached between the parties; and
15
(b) the terms of the agreement are reduced
to writing, signed by the parties and
lodged with the Tribunal; and
(c) the Tribunal is satisfied that a decision
of the Tribunal in those terms would be
20
within the powers of the Tribunal--
the Tribunal may, without holding a hearing,
make a decision in accordance with those
terms.
(3) Unless all the parties who attend the
25
mediation otherwise agree in writing, no
evidence shall be admitted at the hearing of
the proceeding before the Tribunal of
anything said or done by any person at the
mediation.
30
(4) If the mediator in a mediation under sub-
section (1) is a member for the purposes of
the proceeding and a party to the proceeding
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s. 4
6
Act No.
notifies the Tribunal before, or at the
commencement of, the hearing that the party
objects to that member participating in the
hearing, that member is not entitled to be a
member of the Tribunal as constituted for the
5
purposes of the proceeding.".
4. Power of registrar to summon person to give evidence
For section 45(2) of the Administrative Appeals
Tribunal Act 1984 substitute--
"(2) For the purposes of the hearing of a
10
proceeding before the Tribunal, the
Registrar--
(a) may; and
(b) if directed to do so by the President or
by the member who is to preside, or
15
who is presiding, at the hearing, must--
summon a person to appear before the
Tribunal at that hearing to give evidence and
to produce such documents (if any) as are
referred to in the summons.".
20
5. Power of Tribunal to dismiss application or strike out
party
(1) In section 48(1) of the Administrative Appeals
Tribunal Act 1984, after "the Tribunal may"
insert "strike out or".
25
(2) After section 48(1) of the Administrative
Appeals Tribunal Act 1984 insert--
"(1A) Where the Tribunal decides that a party
to an application (other than the
applicant) has unreasonably delayed
30
enabling the application to be heard, the
Tribunal may direct that the party
ceases to be a party to the proceeding.".
6. Power to make costs order against legal practitioner
4
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Courts and Tribunals (General Amendment) Act 1996
s. 9 Act No.
In section 50 of the Administrative Appeals
Tribunal Act 1984, after sub-section (2) insert--
"(2A) Without limiting the powers of the Tribunal
under sub-section (2), if the Tribunal is of
the opinion that a legal practitioner for a
5
party to a proceeding before the Tribunal has
unreasonably delayed enabling the
application to be heard, the Tribunal may
order that the legal practitioner pay the costs
of the proceeding or a portion of the costs of
10
the proceeding.".
7. Protection and immunity of mediator
In section 57 of the Administrative Appeals
Tribunal Act 1984, after sub-section (3) insert--
"(4) A mediator to whom a proceeding or any
15
part of a proceeding has been referred has, in
the performance of his or her duties in
connection with the reference, the same
protection and immunity as a Judge of the
Supreme Court has in the performance of his
20
or her duties as a Judge.
(5) The Registrar has in the performance of the
duties as Registrar under section 50(5), the
same protection and immunity as a Judge of
the Supreme Court has in the performance of
25
his or her duties as a Judge.".
8. New section 65A inserted
After section 65 of the Administrative Appeals
Tribunal Act 1984 insert--
"65A. Supreme Court--limitation of jurisdiction
30
It is the intention of section 57(4) and (5) to
alter or vary section 85 of the Constitution
Act 1975.".
9. Regulations--reference to mediation
5
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Courts and Tribunals (General Amendment) Act 1996
Act No.
In section 66(3) of the Administrative Appeals
Tribunal Act 1984, after paragraph (c) insert--
"(d) the reference of any proceeding or part of a
proceeding to mediation.".
5 _______________
6
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Courts and Tribunals (General Amendment) Act 1996
s. 10 Act No.
PART 3--APPEAL COSTS ACT 1964
10. Power to grant indemnity certificate
No. 7117. In section 13(1) of the Appeal Costs Act 1964 for
Reprinted to
"on a question of law succeeds" substitute
No. 48/1995.
"succeeds on a question of law, or on the ground
5
that the judgment or the verdict of the jury was
against the evidence or the weight of the evidence,
or that the damages awarded (by a jury or
otherwise) were excessive or inadequate".
10 _______________
7
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Courts and Tribunals (General Amendment) Act 1996
s. 11
Act No.
PART 4--CORONERS ACT 1985
11. Acting magistrates may be appointed coroners
No. 10257.
In section 8 of the Coroners Act 1985 for Reprinted to
"magistrates" substitute "magistrates, acting No. 92/1990.
Subsequently
magistrates".
5
amended by
Nos 23/1994,
31/1994,
22/1995,
25/1995 and
98/1995.
12. Amendment of section 9
In section 9 of the Coroners Act 1985, after sub-
section (4) insert--
"(5) The appointment as coroner of a person who
holds office as magistrate under section 7 of
10
the Magistrates' Court Act 1989 or acting
magistrate under section 9 of that Act ceases,
unless the appointment has previously
ceased, at the time the person ceases to hold
office as magistrate or acting magistrate.".
15
_______________
8
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s. 13 Act No.
PART 5--COUNTY COURT ACT 1958
13. Appointment and qualification of judges
No. 6230. (1) In section 8(1) of the County Court Act 1958 for
Reprinted to
"barrister or a barrister and solicitor of Victoria,
43/1991.
Subsequently and shall have practised as a barrister or a
5
amended by
barrister and solicitor in Victoria for seven years"
Nos 18/1994,
43/1994, substitute "practitioner of the Supreme Court of
109/1994,
not less than 7 years' standing".
9/1995 and
22/1995.
(2) For section 8(2)(b) of the County Court Act
1958 substitute--
10
"(b) a judge of the court appointed as the Acting
Chief Judge under this sub-section or acting
as Chief Judge under sub-section (2A) has,
during the period of appointment as Acting
Chief Judge or the period of acting as Chief
15
Judge, the same powers and jurisdiction as
the Chief Judge has.".
(3) After section 8(2) of the County Court Act 1958
insert--
"(2A) If there is a vacancy in the office of the Chief
20
Judge, the senior of the judges willing to act
as Chief Judge shall act as Chief Judge.
(2B) If the commissions of 2 or more judges bear
the same date, the judges have seniority
according to the seniority assigned by the
25
commissions, or if there is no such
assignment, according to the order of their
being sworn.".
14. Payment of bailiff's fees
(1) In section 28(1) of the County Court Act 1958
30
after "execution or commitment" insert ",
excluding fees payable to the bailiff,".
9
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s. 15
Act No.
(2) After section 28(4) of the County Court Act
1958 insert--
"(5) Sub-section (4) does not apply to fees
payable to the bailiff.".
15. New section 47B inserted
5
After section 47A of the County Court Act 1958
insert--
"47B. Mediation
Where the Court refers a proceeding or any
part of a proceeding to mediation, unless all
10
the parties who attend the mediation
otherwise agree in writing, no evidence shall
be admitted at the hearing of the proceeding
of anything said or done by any person at the
mediation.".
15
16. Power to refer matters for inquiry or report without
the consent of the parties
In section 48(1) of the County Court Act 1958
omit ", with the consent of the parties,".
17. Power to enter judgment other than in accordance
20
with a jury's verdict
(1) In section 70 of the County Court Act 1958
before "Subject" insert "(1)".
(2) At the end of the section 70 of the County Court
Act 1958 insert--
25
"(2) Despite sub-section (1), the judge in a
proceeding before a jury may, before the jury
has given a verdict, grant leave to a party to
apply for judgment other than in accordance
with the verdict of the jury.
30
(3) If leave is granted under sub-section (2),
judgment may be entered other than in
accordance with the verdict of the jury.".
10
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Courts and Tribunals (General Amendment) Act 1996
s. 18 Act No.
18. Repeal of section 79--Gazettal of orders in Council
Section 79 of the County Court Act 1958 is
repealed.
_______________
5
11
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Courts and Tribunals (General Amendment) Act 1996
s. 19
Act No.
PART 6--COURT SECURITY ACT 1980
No. 9499.
19. Amendment of definitions Amended by
Nos 39/1989
In section 2 of the Court Security Act 1980-- and 57/1989.
(a) for the definition of "Authorized officer"
substitute--
5
' "authorized officer", in relation to any
court, means a member of the police
force or a protective services officer
appointed under section 118B of the
Police Regulation Act 1958 or a
10
person appointed as an authorized
officer under section 2A by the chief
executive officer of the court or the
clerk of the court;';
(b) insert the following definitions--
15
' "chief executive officer", in relation to a
court, means the chief executive officer
of the court, by whatever name called;
"contractor" means a party to an agreement
under section 2C with a chief executive
20
officer of a court;
"frisk search" means--
(a) a search of a person's body
conducted by quickly running the
hands over the person's outer
25
garments; and
(b) an examination of anything worn
by the person that is conveniently
and voluntarily removed by the
person; and
30
(c) an examination of anything
carried by the person that is
12
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Courts and Tribunals (General Amendment) Act 1996
s. 20 Act No.
voluntarily given to an authorized
officer;
"scanning search" means a search carried
out by an electronic or mechanical
device whether hand held or
5
otherwise;'.
20. New sections 2A to 2F inserted
After section 2 of the Court Security Act 1980
insert--
"2A. Appointment of authorized officers
10
The chief executive officer of a court or a
clerk of a court may only appoint as an
authorized officer a person whom the chief
executive officer or the clerk is satisfied--
(a) is competent to exercise the functions
15
conferred on an authorized officer by or
under this Act; and
(b) is of good repute, having regard to
character, honesty and integrity; and
(c) has agreed in writing to exercise the
20
functions conferred on an authorized
officer by or under this Act.
2B. Identity card
(1) The chief executive officer of a court or
a clerk of a court must issue an identity
25
card to each authorized officer
appointed by him or her under section
2A.
(2) An identity card under sub-section (1)
must--
30
(a) contain a photograph of the
authorized officer; and
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s. 20
Act No.
(b) contain the signature of the
authorized officer; and
(c) be signed by the chief executive
officer of the court or the clerk of
the court.
5
(3) An authorized officer issued with an
identity card under sub-section (1)
must--
(a) at all times while on duty at a
court wear it in such manner as to
10
be visible to other persons;
(b) produce it on being requested to
do so.
Penalty: 5 penalty units.
2C. Chief executive officer may enter into court
15
security agreement
Subject to the Financial Management Act
1994 and the regulations made under that
Act, a chief executive officer of a court may
enter into an agreement for and on behalf of
20
the Crown with a person or body for the
provision by that person or body of court
security services to that court.
2D. Matters to be included in agreement
An agreement under section 2C must provide
25
for--
(a) compliance by the contractor with all
relevant provisions of this Act or the
rules or regulations or of any other Act
or instrument of a legislative character;
30
(b) objectives and performance standards
in relation to the provision of services;
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Courts and Tribunals (General Amendment) Act 1996
s. 20 Act No.
(c) the fees, costs and charges to be paid to
the contractor;
(d) the submission of periodic reports by
the contractor to the chief executive
officer in relation to the contractor's
5
operations under the agreement;
(e) an indemnity by the contractor in
favour of the Crown and the Minister;
(f) the office the holder of which is to be
the principal officer for the purposes of
10
the application of the Freedom of
Information Act 1982 to the
contractor;
(g) the office the holder of which is to be
the principal officer for the purposes of
15
the application of the Ombudsman Act
1973 to the contractor;
(h) any other matter that may be
prescribed.
2E. Application of FOI
20
The Freedom of Information Act 1982
applies to a contractor in its capacity as a
provider of court security services under this
Act as if--
(a) the contractor were an agency within
25
the meaning of that Act; and
(b) the holder of the office specified in the
agreement under section 2C for the
purposes of the application of the
Freedom of Information Act 1982
30
were the principal officer of that
agency; and
(c) the Minister were the responsible
Minister of that agency; and
15
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s. 21
Act No.
(d) the persons employed by the contractor
were officers of that agency.
2F. Investigation of administrative actions
The Ombudsman Act 1973 applies to a
contractor in its capacity as a provider of
5
court security services under this Act as if--
(a) the contractor were a public statutory
body within the meaning of that Act;
and
(b) the holder of the office specified in the
10
agreement under section 2C for the
purposes of the application of the
Ombudsman Act 1973 were the
principal officer of that statutory body;
and
15
(c) the persons employed by the contractor
were employees of that public statutory
body.".
21. Power of authorized officer to search person on court
premises or who is about to enter court premises
20
For section 3(3) (4) and (5) of the Court Security
Act 1980 substitute--
"(3) Subject to any limitations or restrictions
provided by the rules, an authorized officer
may require--
25
(a) if he or she believes that it is
reasonably necessary in the interest of
security, a person who is on court
premises to submit to a frisk search and
a search of such of his or her personal
30
effects as may be reasonable for the
purpose of detecting--
(i) any firearm, explosive substance
or offensive weapon; or
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s. 21 Act No.
(ii) any item capable of being used to
cause injury to, or to incapacitate,
a person;
(b) a person who wishes to enter or remain
on any court premises to submit to a
5
scanning search of his or her person
and of anything carried by him or her;
(c) if he or she believes that it is
reasonably necessary in the interest of
security, a person who wishes to enter
10
or remain on any court premises to
deposit with the authorized officer any
personal effects reasonably capable
of--
(i) concealing any firearm, explosive
15
substance or offensive weapon; or
(ii) being used to cause injury to, or to
incapacitate, a person.
(4) An authorized officer who conducts a search
under this section must not use more force,
20
or subject a person to greater indignity, than
is reasonably necessary in order to conduct
the search.
(5) If, when asked, a person does not submit to a
demand under sub-section (1) or a
25
requirement under sub-section (3), an
authorized officer may prohibit the person
from entering the court premises, or if the
person is on the court premises, remove the
person by reasonable force from the court
30
premises.
(6) If in the course of a search under this section
a firearm, explosive substance or offensive
weapon is found, an authorized officer--
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s. 21
Act No.
(a) may take possession of the firearm,
explosive substance or offensive
weapon; and
(b) may retain it for any period necessary
for the purposes of this Act.
5
(7) If any items are deposited with an authorized
officer under sub-section (3)(c), other than a
firearm, explosive substance or an offensive
weapon, the person who deposited the items
is entitled, upon request to an authorized
10
officer, to their return on that person leaving
the court premises.
(8) Nothing in this section authorises a person to
be refused entry to a court or to be removed
from a court if there is seating in the court
15
and if that person--
(a) has indicated a desire to see the
proceedings of the court or that he or
she has other lawful business in or
about the court; and
20
(b) has complied with any demands or
requirements made under this section.
(9) A person must not refuse to comply with a
requirement under sub-section (3)(a).
Penalty: 10 Penalty units.".
25
_______________
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Courts and Tribunals (General Amendment) Act 1996
s. 22 Act No.
PART 7--CRIMINAL INJURIES COMPENSATION ACT 1983
No. 9992. 22. Amendment of clause 1 of Schedule 1
Reprinted to
No. 41/1993.
In Schedule 1 to the Criminal Injuries
Compensation Act 1983--
(a) in clause 1(3) after "magistrate" insert "or an
5
acting magistrate";
(b) after clause 2 insert--
"2A. Vacation of office
The appointment of a person to be a
Tribunal, who at the time of
10
appointment held the office of
magistrate under section 7 of the
Magistrates' Court Act 1989 or acting
magistrate under section 9 of that Act
ceases, unless the appointment has
15
previously ceased, at the time the
person ceases to hold office as
magistrate or acting magistrate.".
_______________
20
19
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Courts and Tribunals (General Amendment) Act 1996
s. 23
Act No.
PART 8--JUDICIAL STUDIES BOARD ACT 1990
No. 60/1990.
23. Repeal of Act Amended by
Nos 49/1991
The Judicial Studies Board Act 1990 is and 31/1994.
repealed.
5 _______________
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Courts and Tribunals (General Amendment) Act 1996
s. 24 Act No.
PART 9--MAGISTRATES' COURT ACT 1989
No. 51/1989. 24. Amendment of definitions
Reprinted to
No. 99/1995.
In section 3(1) of the Magistrates' Court Act
1989--
(a) for the definition of "appropriate registrar"
5
substitute--
' "appropriate registrar" means--
(a) the registrar at the proper venue of
the Court; or
(b) the registrar at the venue of the
10
Court at which a proceeding is
heard and determined in
accordance with clause 1(2B) of
Schedule 2;';
(b) for the definition of "jurisdictional limit"
15
substitute--
' "jurisdictional limit" in a civil proceeding
means $40,000;';
(c) in the definition of "mention court" for
"prescribed to be" substitute "nominated by
20
the Chief Magistrate under section 5A as";
(d) for paragraph (a) of the definition of "proper
venue" substitute--
"(a) in relation to a criminal proceeding or a
class of criminal proceeding, means the
25
mention court that has been nominated
by the Chief Magistrate under section
5A for the proceeding or class of
proceeding, but in the absence of any
such nomination is the mention court
30
that is nearest to--
21
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s. 25
Act No.
(i) the place where the offence is
alleged to have been committed;
or
(ii) the place of residence of the
defendant; and";
5
(e) in the definition of "the rules" for "made by
the magistrates" substitute "jointly made by
the Chief Magistrate together with 2 or more
Deputy Chief Magistrates".
25. Acting magistrate may be assigned to and constitute
10
Industrial Division
In section 4(3A) of the Magistrates' Court Act
1989 after "magistrate" insert "or acting
magistrate".
26. Chief Magistrate to direct when Court to be held
15
(1) In section 5(1) of the Magistrates' Court Act
1989 omit ", on such days and at such times".
(2) After section 5(2) of the Magistrates' Court Act
1989 insert--
"(3) The Court must sit on such days and at such
20
times as the Chief Magistrate from time to
time directs by notice published in the
Government Gazette.
(4) The Chief Magistrate may from time to time,
by notice published in the Government
25
Gazette, alter the days and times appointed
for the holding of the Court at any place.".
27. New section 5A inserted
After section 5 of the Magistrates' Court Act
1989 insert--
30
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Courts and Tribunals (General Amendment) Act 1996
s. 28 Act No.
"5A. Mention courts
The Chief Magistrate may from time to time,
by notice published in the Government
Gazette, nominate a venue of the court as a
mention court, whether generally or for a
5
particular class of proceeding.".
28. Appointment of Acting Chief Magistrate
(1) After section 8(1) of the Magistrates' Court Act
1989 insert--
"(1A) If there is--
10
(a) a vacancy in the office of the Chief
Magistrate; or
(b) a period when the Chief Magistrate is
absent on leave or for any reason is
temporarily unable to perform the
15
duties of the office of Chief Magistrate
and the Governor in Council has not
made an appointment under sub-section
(1)--
the senior of the Deputy Chief Magistrates
20
willing to act as Chief Magistrate shall act as
Chief Magistrate.
(1B) If the appointment as Deputy Chief
Magistrate of 2 or more Deputy Chief
Magistrates took place on the same date, the
25
Deputy Chief Magistrates have seniority
according to the seniority assigned in the
instruments of appointment, or if there is no
such assignment, according to the order of
their taking oath of office.".
30
(2) In section 8(2) of the Magistrates' Court Act
1989--
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s. 29
Act No.
(a) after "Acting Chief Magistrate" insert "or
acts as Chief Magistrate under sub-section
(1A)"; and
(b) after "appointment" insert "or the period of
acting as Chief Magistrate".
5
29. Acting magistrate must carry out assigned duties
In section 13 of the Magistrates' Court Act 1989
after "magistrate" (where first occurring) insert
"or acting magistrate".
30. Rules to be made by Chief Magistrate jointly with 2 or
10
more Deputy Chief Magistrates
(1) In section 16(1) of the Magistrates' Court Act
1989--
(a) for "magistrates (not including any acting
magistrate) may" substitute "Chief
15
Magistrate together with 2 or more Deputy
Chief Magistrates may jointly";
(b) after paragraph (f) insert--
"(fa) the reference of any civil proceeding or
of any part of a civil proceeding to
20
mediation;".
(2) For section 16(2) and (3) of the Magistrates'
Court Act 1989 substitute--
"(2) The power of the Chief Magistrate together
with 2 or more Deputy Chief Magistrates to
25
jointly make rules of court, whether that
power is conferred by this or any other Act,
is subject to the rules being disallowed by a
House of the Parliament in accordance with
section 23 of the Subordinate Legislation
30
Act 1994.".
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s. 31 Act No.
31. Practice Notes
After section 16 of the Magistrates' Court Act
1989 insert--
"16A. Practice notes
(1) The Chief Magistrate may from time to time
5
issue practice directions, statements or notes
for the Court in relation to civil or criminal
proceedings or any class of civil or criminal
proceedings.
(2) Practice directions, statements or notes
10
issued under sub-section (1) must not be
inconsistent with any provision made by or
under this or any other Act.".
32. Manner of paying sheriff's fees
In section 22 of the Magistrates' Court Act
15
1989, after sub-section (2) insert--
"(3) Sub sections (1) and (2) do not apply to fees
payable to the sheriff.".
33. Issue of summons by prescribed person
(1) In section 30(3) of the Magistrates' Court Act
20
1989 for "If" substitute "Subject to sub-section
(4), if".
(2) After section 30(3) of the Magistrates' Court
Act 1989 insert--
"(4) If a prescribed person issues a summons
25
under sub-section (1) and files the charge
and original summons with the registrar at a
venue of the Court other than the proper
venue, sub-clauses (2A) and (2B) of clause 1
of Schedule 2 apply to the hearing and
30
determination of the charge.".
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s. 34
Act No.
34. New section 88A inserted
After section 88 of the Magistrates' Court Act
1989 insert--
"88A. Regulations may prescribe costs of appeal
The Governor in Council may make
5
regulations for or with respect to prescribing
by scale or otherwise the costs of and
incidental to proceedings in the County
Court on an appeal under section 83 or 84.".
35. New Division 3A of Part 5 inserted
10
After section 107 of the Magistrates' Court Act
1989 insert--
"Division 3A--Mediation
108. Power to refer proceedings to mediation
(1) With the consent of the parties and subject to
15
and in accordance with the Rules, the Court
may refer the whole or any part of a civil
proceeding to mediation.
(2) Unless all the parties who attend the
mediation otherwise agree in writing, no
20
evidence shall be admitted at the hearing of
the proceeding of anything said or done by
any person at the mediation.
108A. Protection of mediators
A mediator to whom a civil proceeding or
25
any part of a civil proceeding has been
referred has, in the performance of his or her
duties in connection with the reference, the
same protection and immunity as a Judge of
the Supreme Court has in the performance of
30
his or her duties as a Judge.".
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s. 36 Act No.
36. Costs discretion of the court subject to regulations
In section 131(2) of the Magistrates' Court Act
1989 after "the Rules" insert "or the regulations".
37. New section 139A inserted
After section 139 of the Magistrates' Court Act
5
1989 insert--
"139A. Supreme Court--limitation of jurisdiction
It is the intention of section 108A to alter or
vary section 85 of the Constitution Act
1975.".
10
38. Regulations
In section 140(1) of the Magistrates' Court Act
1989--
(a) after paragraph (a) insert--
"(ab) prescribing by scale or otherwise the
15
costs of and incidental to criminal
proceedings in the Court;";
(b) paragraph (c) is repealed.
39. Amendment to Schedule 2--charge filed at venue of
the Court other than proper venue
20
In Schedule 2 to the Magistrates' Court Act
1989, after sub-clause (2) of clause 1 insert--
"(2A) If at any time, whether or not any evidence is
given in support of the charge and whether
or not the defendant appears, the Court is
25
satisfied that the charge was filed at a venue
of the Court other than the proper venue, the
Court must--
(a) adjourn the proceeding to the proper
venue; or
30
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Courts and Tribunals (General Amendment) Act 1996
s. 40
Act No.
(b) if satisfied there has been an abuse of
process, strike the proceeding out--
and may award costs against the informant.
(2B) Despite sub-clause (2A), where there is no
objection by the defendant to the hearing and
5
determination of the proceeding at a venue
other than the proper venue, the Court may,
at its discretion, hear and determine the
proceeding at that other venue.".
40. Amendment to Schedule 7--enforcement of
10
infringement penalties
(1) In Schedule 7 to the Magistrates' Court Act
1989, in clause 8, for sub-clauses (2) and (3)
substitute--
"(2) No step may be taken in execution of a
15
penalty enforcement warrant unless a person
authorised to execute the warrant has--
(a) made a demand on the person in
default; and
(b) delivered to the person in default a
20
statement in writing in the prescribed
form setting out a summary of the
provisions of this Part with respect to--
(i) the allowance of time to pay; and
(ii) payment by instalments; and
25
(iii) applications for revocation of
enforcement orders.
(3) During the period of 7 days after sub-clause
(2) has been complied with, a person
authorised to execute the penalty
30
enforcement warrant may seize and take
possession of the personal property of the
person in default but may not remove it from
the residential or business property in which
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s. 40 Act No.
it is situated unless the person executing the
warrant believes on reasonable grounds that
it is necessary to do so to avoid it being
disposed of or removed.
(3A) The person who executes a penalty
5
enforcement warrant by removing property
during the period referred to in sub-clause
(3) must--
(a) by statutory declaration state the reason
for so doing; and
10
(b) file the statutory declaration with the
registrar.
(3B) After the expiry of the period referred to in
sub-clause (3), any step may be taken in
execution of the penalty enforcement
15
warrant (including selling any personal
property seized during that period) if the fine
or instalment or any part of the fine or
instalment remains unpaid unless the person
in default has obtained an instalment order or
20
time to pay order.".
(2) In Schedule 7 to the Magistrates' Court Act
1989, in clause 10(1), for "a warrant has been
executed under this Part in enforcement of the
order." substitute--
25
"--
(a) in the case of a natural person, a penalty
enforcement warrant has been issued under
this Part in enforcement of the order and--
(i) a step has been taken as mentioned in
30
clause 8(3) and the period referred to in
that clause has expired; or
(ii) no step has been taken as mentioned in
clause 8(3) but the warrant is executed
after the expiration of that period; or
35
29
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s. 40
Act No.
(b) in the case of a corporation, a warrant to
seize property issued under this Part in
enforcement of the order has been
executed.".
(3) In Schedule 7 to the Magistrates' Court Act
5
1989, in clause 17(1), for "a warrant has been
executed under this Part in enforcement of the
order." substitute--
"--
(a) in the case of a natural person, a penalty
10
enforcement warrant has been issued under
this Part in enforcement of the order and--
(i) a step has been taken as mentioned in
clause 8(3) and the period referred to in
that clause has expired; or
15
(ii) no step has been taken as mentioned in
clause 8(3) but the warrant is executed
after the expiration of that period; or
(b) in the case of a corporation, a warrant to
seize property issued under this Part in
20
enforcement of the order has been
executed.".
_______________
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s. 41 Act No.
PART 10--SUPREME COURT ACT 1986
No. 110/1986. 41. Way in which Court of Appeal may be constituted
Reprinted to
No. 43/1991.
(1) For section 11(1) of the Supreme Court Act
Subsequently
1986 substitute--
amended by
Nos 124/1993,
"(1) Subject to this Act and the Rules, any 3 or
18/1994,
5
45/1994,
more Judges of Appeal constitute, and may
52/1994,
exercise all the jurisdiction and powers of,
109/1994,
9/1995,
the Court of Appeal.
22/1995 and
41/1995.
(1A) If the President of the Court of Appeal so
determines in a particular case or if the Rules
10
so provide in particular classes of
applications or appeals to or proceedings in
the Court of Appeal, 2 Judges of Appeal
constitute, and may exercise all the
jurisdiction and powers of, the Court of
15
Appeal.".
(2) In section 11(5) of the Supreme Court Act 1986
for "a Judge" (where twice occurring) substitute
"a single Judge".
(3) In section 11(6) of the Supreme Court Act 1986
20
for "a Judge" substitute "a single Judge".
42. Vexatious litigants
(1) In section 21(2) of the Supreme Court Act 1986
for "or any inferior court" substitute ", an inferior
court or a tribunal".
25
(2) For section 21(3) and (4) of the Supreme Court
Act 1986 substitute--
"(3) An order under sub-section (2) may provide
that the vexatious litigant must not without
leave of--
30
(a) the Court; or
(b) an inferior court; or
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s. 43
Act No.
(c) a tribunal constituted or presided over
by a person who is a barrister and
solicitor of the Court--
do the following--
(d) continue any legal proceedings in the
5
Court, inferior court or tribunal; or
(e) commence any legal proceedings in the
Court or any specified inferior court or
tribunal; or
(f) commence any specified type of legal
10
proceedings in the Court or any
specified inferior court or tribunal.
(4) Leave must not be given unless the Court, or
if the order under sub-section (2) so
provides, the inferior court or tribunal is
15
satisfied that the proceedings are not or will
not be an abuse of the process of the Court,
inferior court or tribunal.".
(3) In section 21(5) of the Supreme Court Act 1986
after "time" insert "vary,".
20
43. New section 24A inserted
After section 24 of the Supreme Court Act 1986
insert--
"24A. Mediation
Where the Court refers a proceeding or any
25
part of a proceeding to mediation, unless all
the parties who attend the mediation
otherwise agree in writing, no evidence shall
be admitted at the hearing of the proceeding
of anything said or done by any person at the
30
mediation.".
_______________
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s. 44 Act No.
PART 11--MISCELLANEOUS PROVISIONS
44. Administrative Appeals Tribunal Act 1984--
transitional provision
The amendments made by sections 3, 5 and 6 to
the Administrative Appeals Tribunal Act 1984
5
only apply to proceedings before the Tribunal
commenced after the commencement of those
sections.
45. Appeal Costs Act 1964--transitional provision
The amendment made by section 10 to section
10
13(1) of the Appeal Costs Act 1964 applies only
to appeals commenced after the commencement of
section 10.
46. County Court Act 1958--transitional provisions
(1) The amendments made by section 13(1) to section
15
8(1) of the County Court Act 1958 apply only to
appointments made after the commencement of
section 13(1).
(2) The amendments made by section 15 to the
County Court Act 1958 apply only to
20
proceedings commenced after the commencement
of that section.
(3) The amendment made by section 16 to section
48(1) of the County Court Act 1958 applies only
to proceedings commenced after the
25
commencement of section 16.
(4) The amendments made by section 17 to section 70
of the County Court Act 1958 apply to
proceedings, whether commenced before or after
the commencement of section 17.
30
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s. 47
Act No.
47. Magistrates' Court Act 1989--transitional provisions
(1) The amendments made by section 33 to section 30
of the Magistrates' Court Act 1989 apply only to
summonses issued after the commencement of
section 30.
5
(2) The amendments made by section 35 to the
Magistrates' Court Act 1989 applies to
proceedings, whether commenced before or after
the commencement of that section.
(3) The amendments made by section 39 to Schedule
10
2 to the Magistrates' Court Act 1989 apply only
to proceedings commenced after the
commencement of that section.
(4) The amendments made by section 40 to Schedule
7 to the Magistrates' Court Act 1989 apply only
15
to warrants issued after the commencement of that
section.
48. Supreme Court Act 1986--transitional provision
The amendment made by section 43 to the
Supreme Court Act 1986 applies only to
20
proceedings commenced after the commencement
of that section.
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Courts and Tribunals (General Amendment) Act 1996
Notes Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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