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This is a Bill, not an Act. For current law, see the Acts databases.


COURTS LEGISLATION MISCELLANEOUS AMENDMENTS BILL 2014

                 PARLIAMENT OF VICTORIA

Courts Legislation Miscellaneous Amendments Bill
                      2014



                      TABLE OF PROVISIONS
Clause                                                                   Page

PART 1--PRELIMINARY                                                         1
  1      Purposes                                                           1
  2      Commencement                                                       3

PART 2--CIVIL APPEALS                                                       4
Division 1--Supreme Court Act 1986                                          4
  3      Way in which Court of Appeal may be constituted                    4
  4      New sections 14A to 14D inserted                                   5
         14A      Leave to appeal required for civil appeals                5
         14B      Commencing a civil appeal                                 6
         14C      Appeal must have real prospect of success                 6
         14D      Determination of application for leave to appeal          6
  5      Business to be disposed of by Trial Division constituted by a
         Judge of the Court or by an Associate Judge                        7
  6      Restriction on appeals                                             7
  7      Power to make Rules                                                8
  8      New sections 154 to 156 inserted                                   9
         154      Transitional provisions--Courts Legislation
                  Miscellaneous Amendments Act 2014                         9
         155      Power to resolve transitional difficulties in
                  proceeding                                               10
         156      Regulations dealing with transitional matters            10
Division 2--Consequential Amendments to Other Acts                         12
  9      Accident Compensation Act 1985--Effect of decision on
         application                                                       12
  10     Casino Control Act 1991--Appeals                                  12
  11     County Court Act 1958--Appeal to the Court of Appeal              13
  12     Disability Act 2006--Appeals regarding extended leave             14
  13     Disability Act 2006--Appeals regarding revocation of
         extended leave                                                    14
  14     Fisheries Act 1995--Determination of claim                        15
  15     Imprisonment of Fraudulent Debtors Act 1958--Judgment
         debtor may appeal to Full Court                                   15


571503B.I-24/6/2014                    i      BILL LA INTRODUCTION 24/6/2014

 


 

Clause Page 16 Judgment Debt Recovery Act 1984--Persistent wilful default 16 17 Land Acquisition and Compensation Act 1986-- Determination of claim 16 18 Legal Profession Act 2004--Order disqualifying persons 16 19 Legal Profession Act 2004--Appeal against appointment 17 20 Status of Children Act 1974--Appeals 17 21 Urban Renewal Authority Victoria Act 2003--Grounds of review or appeal 17 22 Valuation of Land Act 1960--Powers on review or appeal 18 23 Victorian Civil and Administrative Tribunal Act 1998-- Appeals from the Tribunal 18 24 Workplace Injury Rehabilitation and Compensation Act 2013--Effect of decision on application 19 PART 3--VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 20 Division 1--Amendments to Victorian Civil and Administrative Tribunal Act 1998 20 25 Definitions 20 26 New section 16B inserted 20 16B Amendment of appointment of sessional and non-sessional members 20 27 New section 25B inserted 21 25B Member or former member may not appear as expert witness 21 28 Joinder of parties 22 29 Constitution of Tribunal in proceedings 22 30 Intervention 23 31 Mediation 23 32 New section 93A inserted 23 93A Party may object to mediator hearing the proceeding 23 33 General procedure 24 34 Power to award costs 24 35 Orders as to reimbursement or payment of fees 25 36 New section 115CA inserted 25 115CA Presumption of order for reimbursement of fees in certain planning matters 25 37 Re-opening an order on substantive grounds 26 38 Power to make rules 27 39 New section 168 inserted 27 168 Transitional provisions--Courts Legislation Miscellaneous Amendments Act 2014 27 40 Definition of planning enactment in Schedule 1 28 41 Parties to lodge grounds 28 42 Member of Tribunal can mediate 29 571503B.I-24/6/2014 ii BILL LA INTRODUCTION 24/6/2014

 


 

Clause Page 43 New clause 97A inserted in Schedule 1 29 97A Valuer-general may intervene and be represented 29 44 Subject matter for rules 29 45 Statute law revision 29 Division 2--Further amendments to Victorian Civil and Administrative Tribunal Act 1998 30 46 Definitions 30 47 Deputy Presidents, senior members and ordinary members 30 48 Appointment of members 31 49 Remuneration and allowances 31 50 Prohibition on outside employment 32 51 New sections 18A, 18B and 18C inserted 32 18A Entry into part-time service arrangement 32 18B Variation of part-time service arrangement 34 18C Termination of part-time service arrangement 34 52 Transitional provisions--Courts Legislation Miscellaneous Amendments Act 2014 35 Division 3--Amendment of Enabling Enactments 36 53 Planning and Environment Act 1987--Parties to review 36 54 Planning and Environment Act 1987--Injunctions 36 55 Retail Leases Act 2003--Meaning of retail tenancy dispute 37 56 Retail Leases Act 2003--Referral of retail tenancy disputes for alternative dispute resolution 37 57 Retail Leases Act 2003--Jurisdiction of Tribunal 38 58 Transport Accident Act 1986--Application to Tribunal 39 59 Transport Accident Act 1986--New Division 9 inserted in Part 11 40 Division 9--Courts Legislation Miscellaneous Amendments Act 2014 40 228 Application to Tribunal 40 60 Valuation of Land Act 1960--Functions of valuer-general 40 PART 4--CORONERS 41 61 Certain reportable deaths do not require investigation 41 62 Objections to autopsy 41 63 Documents and prepared statements requested by coroner 42 64 Inquest into a death 42 65 Publication of findings and reports 43 66 Appeal in relation to determination that death not a reportable death 43 67 Appeal in relation to determination of coroner not to investigate a fire 43 68 Appeal in relation to determination not to hold an inquest 43 571503B.I-24/6/2014 iii BILL LA INTRODUCTION 24/6/2014

 


 

Clause Page 69 Appeal against findings of a coroner 44 70 Appeal against refusal by coroner to re-open investigation 44 71 Appeal to Supreme Court is on a question of law 44 72 New section 87A inserted 44 87A Appeal to Supreme Court in the interests of justice 44 73 Rules of the Coroners Court 45 74 Access to documents 45 75 New section 120 inserted 46 120 Transitional provision--Courts Legislation Miscellaneous Amendments Act 2014 46 PART 5--COURT SECURITY 48 76 Definitions 48 77 Heading to section 4 inserted 49 78 New sections 4A, 4B and 4C inserted 49 4A Offence to record proceeding 49 4B Offence to publish recording of proceeding 50 4C Offence to transmit to or give recording of proceeding to another person 51 79 Regulations 52 80 Consequential amendment to Legal Profession Uniform Law Application Act 2014 53 26A Court Security Act 1980 53 PART 6--JUDICIAL REGISTRARS 54 Division 1--Supreme Court Act 1986 54 81 Guidelines relating to the appointment of judicial registrars 54 82 Appointment by the Governor in Council 54 83 Remuneration and terms and conditions of appointment 54 84 New section 113GB inserted 54 113GB Oath or affirmation of office 54 85 Section 113M substituted 55 113M Appeal from or review of determination of Court constituted by judicial registrar 55 Division 2--County Court Act 1958 57 86 Guidelines relating to the appointment of judicial registrars 57 87 Appointment by the Governor in Council 57 88 Remuneration and terms and conditions of appointment 57 89 New section 17PA inserted 58 17PA Oath or affirmation of office 58 90 Section 17V substituted 58 17V Appeal from or review of determination of court constituted by judicial registrar 58 571503B.I-24/6/2014 iv BILL LA INTRODUCTION 24/6/2014

 


 

Clause Page Division 3--Magistrates' Court Act 1989 60 91 Guidelines relating to the appointment of judicial registrars 60 92 Appointment of judicial registrars 60 93 Terms and conditions of appointment 60 94 New section 16DB inserted 61 16DB Oath or affirmation of office 61 95 Rules of Court 61 96 Section 16K substituted 61 16K Appeal from or review of determination of Court constituted by judicial registrar 61 Division 4--Children, Youth and Families Act 2005 63 97 Guidelines relating to the appointment of judicial registrars 63 98 Appointment by Governor in Council 63 99 Remuneration and terms and conditions of appointment 63 100 New section 542EA inserted 64 542EA Oath or affirmation of office 64 101 Section 542K substituted 64 542K Appeal from or review of determination of Court constituted by judicial registrar 64 Division 5--Coroners Act 2008 65 102 Guidelines relating to the appointment of judicial registrars 65 103 Appointment by Governor in Council 66 104 Remuneration and terms and conditions of appointment 66 105 New section 102EA inserted 66 102EA Oath or affirmation of office 66 106 Section 102K substituted 67 102K Appeal from or review of decisions of judicial registrar 67 Division 6--Victims of Crime Assistance Act 1996 68 107 Rules 68 108 Review of delegated Tribunal decisions 68 PART 7--FURTHER MISCELLANEOUS AMENDMENTS AND REPEAL 69 Division 1--Supreme Court Act 1986 69 109 Regulations 69 Division 2--Interpretation of Legislation Act 1984 71 110 Prescribing matters by reference to other documents 71 571503B.I-24/6/2014 v BILL LA INTRODUCTION 24/6/2014

 


 

Clause Page Division 3--Repeal of amending Act 71 111 Repeal of amending Act 71 ENDNOTES 72 571503B.I-24/6/2014 vi BILL LA INTRODUCTION 24/6/2014

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Courts Legislation Miscellaneous Amendments Bill 2014 A Bill for an Act to amend the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989, the Coroners Act 2008, the Children, Youth and Families Act 2005, the Victorian Civil and Administrative Tribunal Act 1998, the Victims of Crime Assistance Act 1996, the Court Security Act 1980 and the Interpretation of Legislation Act 1984, to make consequential amendments to other Acts and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The main purposes of this Act are-- (a) to amend the Supreme Court Act 1986-- 5 (i) to provide for appeals to the Court of Appeal in civil proceedings to be 571503B.I-24/6/2014 1 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 1--Preliminary s. 1 generally by leave of the Court of Appeal; (ii) to make other procedural amendments in relation to appeals to the Court of 5 Appeal in civil proceedings; (iii) to provide for additional regulation making powers in relation to court fees; (b) to amend the Victorian Civil and Administrative Tribunal Act 1998 in 10 relation to the service arrangements and the terms and conditions of appointment of non- judicial members and to enhance further the powers and efficiency of VCAT and to make related amendments to certain enabling 15 enactments; (c) to amend the Coroners Act 2008-- (i) to further provide for various coronial processes; (ii) to further provide for appeals to the 20 Supreme Court; (iii) to amend the periods for bringing an appeal in respect of certain decisions of a coroner; (d) to amend the Court Security Act 1980 to 25 provide for certain offences in relation to the recording of court proceedings; (e) to amend court and tribunal Acts to make further provision in relation to the office of judicial registrar, including review of, and 30 appeals from, determinations of judicial registrars. 571503B.I-24/6/2014 2 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 1--Preliminary s. 2 2 Commencement (1) This Act (except Part 2, Division 2 of Part 3 and Parts 4, 5 and 6) comes into operation on the day after the day on which it receives the Royal 5 Assent. (2) Subject to subsection (3), Part 2, Division 2 of Part 3 and Parts 4, 5 and 6 come into operation on a day or days to be proclaimed. (3) If a provision of this Act does not come into 10 operation before 1 September 2015, it comes into operation on that day. __________________ 571503B.I-24/6/2014 3 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 3 PART 2--CIVIL APPEALS Division 1--Supreme Court Act 1986 3 Way in which Court of Appeal may be constituted See: (1) After section 11(1B) of the Supreme Court Act Act No. 5 110/1986. 1986 insert-- Reprint No. 8 as at "(1C) Subject to subsection (9), the Rules may 1 December 2013 provide that a single Judge of Appeal may and constitute, and may exercise all the amending Act Nos jurisdiction and powers of, the Court of 10 110/1986, Appeal-- 63/2013, 68/2013, (a) in particular kinds of applications and 1/2014, 17/2014 and appeals to or proceedings in the Court 25/2014. of Appeal; or LawToday: www. (b) generally.". legislation. 15 vic.gov.au (2) In section 11(4) of the Supreme Court Act 1986 omit "a single Judge of Appeal or". (3) After section 11(4A) of the Supreme Court Act 1986 insert-- "(4B) The Rules may provide that in particular 20 kinds of applications, appeals or proceedings, the Court of Appeal may discharge or vary a judgment, order or direction given or made by a single Judge of Appeal.". 25 (4) In section 11(5) of the Supreme Court Act 1986 omit "a single Judge of Appeal or". (5) In section 11(6) of the Supreme Court Act 1986 for "Subject to subsection (5)" substitute "Unless the Court of Appeal discharges or varies a 30 judgment, order or direction in accordance with any Rules made under subsection (4B)". 571503B.I-24/6/2014 4 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 4 (6) After section 11(8) of the Supreme Court Act 1986 insert-- "(9) Subsection (1C) does not apply in relation to-- 5 (a) an appeal from a refusal to grant habeas corpus; or (b) an appeal under the Serious Sex Offenders (Detention and Supervision) Act 2009.". 10 4 New sections 14A to 14D inserted After section 14 of the Supreme Court Act 1986 insert-- "14A Leave to appeal required for civil appeals (1) Subject to subsection (2), any civil appeal to 15 the Court of Appeal requires leave to appeal to be obtained from the Court of Appeal. (2) Leave to appeal is not required-- (a) for an appeal from a refusal to grant habeas corpus; or 20 (b) for an appeal under the Serious Sex Offenders (Detention and Supervision) Act 2009; or (c) if the Rules provide that leave to appeal is not required, whether in any 25 particular class of application or proceeding or generally. (3) For the purposes of this section, civil appeal means an appeal from a judgment or order made in exercise of civil jurisdiction, 30 including an appeal by way of rehearing or judicial review, for which this Act, any other Act or the Rules provide an appeal to the Court of Appeal. 571503B.I-24/6/2014 5 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 4 14B Commencing a civil appeal (1) An applicant for leave to appeal under section 14A must file an application for leave to appeal within 28 days from the date 5 of the judgment, order, determination or other decision which is the subject of appeal unless the Rules otherwise provide. (2) Unless this Act, any other Act or the Rules otherwise provide, an application for leave to 10 appeal is commenced by filing the application for leave to appeal. 14C Appeal must have real prospect of success The Court of Appeal may grant an application for leave to appeal under 15 section 14A only if it is satisfied that the appeal has a real prospect of success. 14D Determination of application for leave to appeal (1) The Court of Appeal constituted by one or 20 more Judges of Appeal may determine an application for leave to appeal under section 14A with or without an oral hearing of the parties. (2) Subject to subsection (3), if the Court of 25 Appeal dismisses an application for leave to appeal without an oral hearing, the applicant, in accordance with the Rules, may apply to have the dismissal set aside or varied at an oral hearing before the Court of Appeal 30 constituted by two or more Judges of Appeal. (3) If the Court of Appeal dismisses an application for leave to appeal without an oral hearing and has determined that the 35 application is totally without merit, the 571503B.I-24/6/2014 6 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 5 applicant has no right to apply to have the dismissal set aside or varied. (4) This section does not apply to-- (a) an appeal from a refusal to grant habeas 5 corpus; or (b) an appeal under the Serious Sex Offenders (Detention and Supervision) Act 2009.". 5 Business to be disposed of by Trial Division 10 constituted by a Judge of the Court or by an Associate Judge At the foot of section 17(2) of the Supreme Court Act 1986 insert-- "Note 15 See, for example, section 14A which requires leave of the Court of Appeal for civil appeals as defined in that section.". 6 Restriction on appeals (1) In section 17A of the Supreme Court Act 1986-- 20 (a) subsections (1) and (5) are repealed; (b) in subsection (3A) omit "or by leave of the Judge of the Court or Associate Judge constituting the Trial Division"; (c) in subsection (3C)-- 25 (i) for "except--" substitute "except by leave of the Court of Appeal."; (ii) paragraphs (a) and (b) are repealed; (d) for subsection (4)(b) substitute-- "(b) without leave of the Court of Appeal, 30 from a judgment or an order in an interlocutory application, being a judgment or order given by the Trial Division constituted by a Judge of the 571503B.I-24/6/2014 7 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 7 Court or by an Associate Judge in a criminal proceeding or quasi-criminal proceeding except in the following cases-- 5 (i) when the liberty of the subject or the custody of minors is concerned; (ii) a decision dismissing a proceeding for want of prosecution; 10 (iii) any cases prescribed by the Rules.". (2) Section 17A(7) of the Supreme Court Act 1986 is repealed. 7 Power to make Rules 15 After section 25(1)(ca) of the Supreme Court Act 1986 insert-- "(cab) without limiting paragraph (ca), in accordance with section 11, providing for the constitution of the Court of Appeal by a 20 single Judge of Appeal-- (i) in particular kinds of applications and appeals to or proceedings in the Court of Appeal; or (ii) generally; 25 (cac) without limiting paragraph (ca), in accordance with section 11, providing for the particular kinds of applications, appeals or proceedings in respect of which the Court of Appeal may discharge or vary a judgment, 30 order or direction given or made by a single Judge of Appeal;". 571503B.I-24/6/2014 8 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 8 8 New sections 154 to 156 inserted After section 153 of the Supreme Court Act 1986 insert-- "154 Transitional provisions--Courts 5 Legislation Miscellaneous Amendments Act 2014 (1) The amendments made to this Act by Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014 apply in relation to 10 any application or proceeding in the Court of Appeal, including any appeal referred to in section 14A (other than an appeal referred to in section 14A(2)) commenced on or after the commencement of that Part. 15 (2) The amendments made to this Act and to any other Act under which an application or a proceeding in the Court of Appeal may be commenced, including any appeal referred to in section 14A (other than an appeal referred 20 to in section 14A(2)) by Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014 do not apply in relation to that application or proceeding if-- (a) the application or proceeding 25 commenced before the commencement of Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014; and (b) the Court of Appeal has begun to hear 30 and determine that application or proceeding before the commencement of that Part. (3) If an application or a proceeding in the Court of Appeal, including any appeal referred to 35 in section 14A (other than an appeal referred to in section 14A(2)) has commenced before 571503B.I-24/6/2014 9 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 8 the commencement of Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014 but the Court of Appeal has not begun to hear and determine that application 5 or proceeding before the commencement of that Part, the amendments made to this Act and any other Act under which that application or proceeding is commenced do not apply in relation to that application or 10 proceeding, unless the Court of Appeal otherwise orders. 155 Power to resolve transitional difficulties in proceeding (1) If any difficulty arises because of the 15 operation of Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014 in relation to an application or a proceeding, the Court may make any order it considers appropriate to resolve the 20 difficulty. (2) An order made under subsection (1)-- (a) may be made on application of a party to the application or proceeding or on the Court's own motion; and 25 (b) has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006). 30 156 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an 35 application or savings nature, arising as a result of the enactment of Part 2 of the 571503B.I-24/6/2014 10 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 8 Courts Legislation Miscellaneous Amendments Act 2014, including any repeals and amendments made by that Part. (2) Regulations made under this section may-- 5 (a) have a retrospective effect to a day on or from the date that the Courts Legislation Miscellaneous Amendments Act 2014 receives the Royal Assent; 10 (b) be of limited or general application; (c) differ according to differences in time, place or circumstances; (d) leave any matter or thing to be decided by a specified person or specified class 15 of persons; (e) provide for the exemption of persons, applications or proceedings or a class of persons, applications or proceedings from any of the regulations made under 20 this section. (3) Regulations made under this section have effect despite anything to the contrary-- (a) in any Act (other than Part 2 of the Courts Legislation Miscellaneous 25 Amendments Act 2014 or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. (4) This section is repealed on the second 30 anniversary of the day on which it comes into operation.". 571503B.I-24/6/2014 11 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 9 Division 2--Consequential Amendments to Other Acts 9 Accident Compensation Act 1985--Effect of decision on application See: Section 134AC of the Accident Compensation Act No. 5 10191. Act 1985 is repealed. Reprint No. 19 as at 11 February 2013 and amending Act Nos 76/2011, 9/2013, 30/2013, 43/2013, 55/2013, 67/2013, 76/2013, 17/2014 and 26/2014. LawToday: www. legislation. vic.gov.au 10 Casino Control Act 1991--Appeals See: In section 155(3) of the Casino Control Act Act No. 47/1991. 1991, after "law" insert "with leave of the Court of Reprint No. 8 Appeal". as at 22 June 2011 and amending Act Nos 29/2009, 84/2009, 74/2010, 58/2011, 32/2012, 65/2013, 4/2014 and 17/2014. LawToday: www. legislation. vic.gov.au 571503B.I-24/6/2014 12 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 11 11 County Court Act 1958--Appeal to the Court of Appeal (1) In section 74(1) of the County Court Act 1958, See: Act No. after "Court of Appeal" insert "with leave of the 6320. 5 Court of Appeal". Reprint No. 15 as at 1 May 2013 (2) For section 74(2) of the County Court Act 1958 and substitute-- amending Act Nos "(2) An appeal by a party referred to in 6230, 28/2013, subsection (1) must be commenced by filing 58/2013, 10 an application for leave to appeal in the 63/2013, 67/2013, Court of Appeal within 28 days after the date 68/2013, of the judgment or order of the court being 70/2013, 17/2014 and appealed.". 25/2014. LawToday: (3) In section 74(2A) of the County Court Act 1958, www. 15 for "appeal may be brought" substitute "appeal or legislation. vic.gov.au an application for leave to appeal may be commenced". (4) For section 74(2B) of the County Court Act 1958 substitute-- 20 "(2B) An application for leave to appeal must be made in accordance with the Rules of the Supreme Court.". (5) In section 74(2C) of the County Court Act 1958, for "A notice" substitute "An application for 25 leave to appeal or a notice". (6) Section 74(2D), (2E) and (3) of the County Court Act 1958 are repealed. 571503B.I-24/6/2014 13 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 12 12 Disability Act 2006--Appeals regarding extended leave See: (1) In section 163(1)(b) of the Disability Act 2006, Act No. 23/2006. after "Court of Appeal" insert "with leave of the 5 Reprint No. 1 as at Court of Appeal". 31 October 2012 (2) In section 163(2) of the Disability Act 2006, after and "Court of Appeal" insert "with leave of the Court amending of Appeal". Act Nos 20/2012, 9/2013, (3) In section 163(3) of the Disability Act 2006, after 10 13/2013, "Court of Appeal" insert "with leave of the Court 75/2013 and 26/2014. of Appeal". LawToday: www. legislation. vic.gov.au 13 Disability Act 2006--Appeals regarding revocation of extended leave (1) In section 165(1) of the Disability Act 2006, after 15 "Court of Appeal" insert "with leave of the Court of Appeal". (2) In section 165(2) of the Disability Act 2006, after "Court of Appeal" insert "with leave of the Court of Appeal". 20 (3) In section 165(3) of the Disability Act 2006, after "Court of Appeal" insert "with leave of the Court of Appeal". 571503B.I-24/6/2014 14 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 14 14 Fisheries Act 1995--Determination of claim In section 210(2) of the Fisheries Act 1995, after See: Act No. "law" insert "and with leave of the Court of 92/1995. Appeal". Reprint No. 7 as at 18 March 2013 and amending Act Nos 9/2013, 64/2013, 70/2013 and 17/2014. LawToday: www. legislation. vic.gov.au 5 15 Imprisonment of Fraudulent Debtors Act 1958-- Judgment debtor may appeal to Full Court (1) Insert the following heading to section 9 of the See: Act No. Imprisonment of Fraudulent Debtors Act 6276. 1958-- Reprint No. 5 as at 10 "Judgment debtor may appeal to Court of 16 September 1999 Appeal". and amending (2) In section 9 of the Imprisonment of Fraudulent Act No. 68/2009. Debtors Act 1958-- LawToday: www. (a) for "order to the Full Court" substitute legislation. 15 "order to the Court of Appeal with leave of vic.gov.au the Court of Appeal"; (b) for "Full Court" (where twice occurring) substitute "Court of Appeal". 571503B.I-24/6/2014 15 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 16 16 Judgment Debt Recovery Act 1984--Persistent wilful default See: In section 19(4)(b) of the Judgment Debt Act No. 10063. Recovery Act 1984, after "Court of Appeal" 5 Reprint No. 2 as at insert "with leave of the Court of Appeal". 14 February 2008. LawToday: www. legislation. vic.gov.au 17 Land Acquisition and Compensation Act 1986-- Determination of claim See: In section 89(2) of the Land Acquisition and Act No. 121/1986. Compensation Act 1986 after "law" insert "and 10 Reprint No. 5 as at with leave of the Court of Appeal". 16 May 2013. LawToday: www. legislation. vic.gov.au 18 Legal Profession Act 2004--Order disqualifying persons See: In section 2.2.6(5) of the Legal Profession Act Act No. 99/2004. 2004, after "law" insert "with leave of the Court of 15 Reprint No. 4 as at Appeal". 1 July 2011 and amending Act Nos 36/2011, 15/2012, 20/2012, 21/2012, 68/2013 and 17/2014. LawToday: www. legislation. vic.gov.au 571503B.I-24/6/2014 16 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 19 19 Legal Profession Act 2004--Appeal against appointment In section 5.6.4(3)(b) of the Legal Profession Act 2004, after "Court of Appeal" insert "with leave 5 of the Court of Appeal,". 20 Status of Children Act 1974--Appeals In section 30(1) of the Status of Children Act See: Act No. 1974, after "Court of Appeal" insert "with leave 8602. of the Court of Appeal". Reprint No. 3 as at 1 May 2013. LawToday: www. legislation. vic.gov.au 10 21 Urban Renewal Authority Victoria Act 2003-- Grounds of review or appeal In section 51ZR(2) of the Urban Renewal See: Act No. Authority Victoria Act 2003, after "law" insert 59/2003. "and with leave of the Court of Appeal". Reprint No. 2 as at 25 October 2011 and amending Act Nos 61/2011 and 34/2013. LawToday: www. legislation. vic.gov.au 571503B.I-24/6/2014 17 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 22 22 Valuation of Land Act 1960--Powers on review or appeal See: In section 25(2) of the Valuation of Land Act Act No. 6653. 1960, after "law" insert "and with leave of the 5 Reprint No. 13 as at Court of Appeal". 19 May 2011 and amending Act Nos 69/2011, 58/2012 and 34/2014. LawToday: www. legislation. vic.gov.au 23 Victorian Civil and Administrative Tribunal Act 1998--Appeals from the Tribunal See: (1) For section 148(1) of the Victorian Civil and Act No. 53/1998. Administrative Tribunal Act 1998 substitute-- Reprint No. 9 10 as at "(1) A party to a proceeding may appeal on a 1 January 2014 question of law from an order of the Tribunal and in the proceeding-- amending Act Nos (a) if the Tribunal was constituted for the 11/2010, 67/2013, purpose of making the order by the 15 1/2014, President or a Vice President, whether 17/2014 and 23/2014. with or without others, to the Court of LawToday: Appeal with leave of the Court of www. legislation. Appeal; or vic.gov.au (b) in any other case, to the Trial Division 20 of the Supreme Court with leave of the Trial Division.". (2) In section 148(3) of the Victorian Civil and Administrative Tribunal Act 1998, after "If leave" insert "to appeal to the Trial Division of 25 the Supreme Court". 571503B.I-24/6/2014 18 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 2--Civil Appeals s. 24 24 Workplace Injury Rehabilitation and Compensation See: Act 2013--Effect of decision on application Act No. 67/2013 Section 351 of the Workplace Injury and amending Rehabilitation and Compensation Act 2013 is Act Nos 5 repealed. 17/2014 and 26/2014. Statute Book: www. legislation. vic.gov.au __________________ 571503B.I-24/6/2014 19 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 25 PART 3--VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL Division 1--Amendments to Victorian Civil and Administrative Tribunal Act 1998 5 25 Definitions Insert the following definition in section 3 of the Victorian Civil and Administrative Tribunal Act 1998-- "interim order means an order of an interim or 10 interlocutory nature;". 26 New section 16B inserted After section 16A of the Victorian Civil and Administrative Tribunal Act 1998 insert-- "16B Amendment of appointment of sessional 15 and non-sessional members (1) The Governor in Council may amend the appointment of a senior member or ordinary member who was appointed on a sessional basis so that the member's appointment 20 continues on a non-sessional basis. (2) The Governor in Council may amend the appointment of a senior member or ordinary member who was appointed on a non-sessional basis so that the member's 25 appointment continues on a sessional basis. (3) The Governor in Council may amend an appointment under this section only with the member's prior consent. (4) Subsection (1) does not apply to a sessional 30 member who has attained the age of 70 years. 571503B.I-24/6/2014 20 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 27 (5) If a member's appointment is amended under subsection (1), the member's term of office expires on whichever of the following first occurs-- 5 (a) the date that is 7 years after the original date of appointment; (b) the date that the member attains the age of 70 years. (6) If a member's appointment is amended under 10 subsection (2), the member's term of office expires on the date that is 7 years after the original date of appointment.". 27 New section 25B inserted After section 25A of the Victorian Civil and 15 Administrative Tribunal Act 1998 insert-- "25B Member or former member may not appear as expert witness (1) If the rules provide for proceedings to be entered in or transferred to lists of the 20 Tribunal and for members to be assigned to those lists-- (a) a member must not appear as an expert witness in any proceeding that has been entered into or transferred to a list to 25 which the member has been assigned, except with the approval of the President; and (b) for a period of 2 years after a member ceases to be a member, the former 30 member must not appear as an expert witness in any proceeding that has been entered into or transferred to a list to which the former member was assigned, except with the approval of 35 the President. 571503B.I-24/6/2014 21 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 28 (2) This section is subject to any other provision of this Act or an enabling enactment that allows a member or former member to appear as a witness. 5 Note See, for example, section 30 of the Valuation of Land Act 1960.". 28 Joinder of parties After section 60(2) of the Victorian Civil and 10 Administrative Tribunal Act 1998 insert-- "(3) On the application of a person who is entitled under section 73(4) to be joined as a party the Tribunal must order that the person be joined as a party.". 15 29 Constitution of Tribunal in proceedings After section 64(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert-- "(4) If a provision of this Act, the rules or an enabling enactment provides that a power of 20 the Tribunal is exercisable by any member, then any member of the Tribunal may exercise that power in a proceeding despite any provision of this Act or an enabling enactment that requires the Tribunal to be 25 constituted in a particular way for the purposes of the proceeding. Example As section 80(2) provides that the Tribunal's power to give directions is exercisable by any member, any 30 member may give directions in a proceeding under Division 5 of Part 3 of the Pharmacy Regulation Act 2010 even though clause 51AE of Schedule 1 requires the Tribunal to be constituted by at least 3 members for the purposes of proceedings under that Division. 571503B.I-24/6/2014 22 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 30 (5) If a provision of this Act, the rules or an enabling enactment provides that a power of the Tribunal is exercisable by the principal registrar, then the principal registrar may 5 exercise that power in a proceeding despite any provision of this Act or an enabling enactment that requires the Tribunal to be constituted in a particular way for the purposes of the proceeding.". 10 30 Intervention After section 73(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert-- "(4) A person (other than the Small Business Commissioner) who is entitled under this 15 Act or an enabling enactment to intervene in a proceeding and who does intervene is entitled to be joined as a party to the proceeding.". 31 Mediation 20 Section 88(6) of the Victorian Civil and Administrative Tribunal Act 1998 is repealed. 32 New section 93A inserted After section 93 of the Victorian Civil and Administrative Tribunal Act 1998 insert-- 25 "93A Party may object to mediator hearing the proceeding (1) This section applies in a proceeding that has been the subject of unsuccessful mediation by a mediator who is a member of the 30 Tribunal. (2) If it is proposed that the mediator constitute the Tribunal (whether with or without others) for the purpose of hearing the proceeding, the Tribunal must notify each party to the 35 proceeding of the party's right to object. 571503B.I-24/6/2014 23 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 33 (3) A party to the proceeding may object to the mediator constituting the Tribunal (whether with or without others) for the purpose of hearing the proceeding. 5 (4) The objection must be made to the Tribunal before or at the commencement of the hearing. (5) If an objection is made, the mediator must take no part, or no further part, in the 10 proceeding and, if necessary, the Tribunal must be reconstituted.". 33 General procedure After section 98(2) of the Victorian Civil and Administrative Tribunal Act 1998 insert-- 15 "(2A) Without limiting subsection (1), at the hearing of a proceeding the Tribunal may admit into evidence any material put before the Tribunal at an earlier stage of the proceeding, or any material put before the 20 Tribunal in another proceeding, if the Tribunal considers it desirable to do so. (2B) Subsection (2A) is subject to any other provision of this Act, an enabling enactment or any other law that provides that evidence 25 or material is not admissible in a proceeding. Example Section 85 provides that evidence of anything said or done in the course of a compulsory conference is not admissible except in certain circumstances.". 30 34 Power to award costs After section 109(6) of the Victorian Civil and Administrative Tribunal Act 1998 insert-- "(7) A power of the Tribunal under this section is exercisable by any member.". 571503B.I-24/6/2014 24 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 35 35 Orders as to reimbursement or payment of fees (1) In section 115B(3) of the Victorian Civil and Administrative Tribunal Act 1998, after "section 115C" insert "or 115CA". 5 (2) In the heading to section 115C of the Victorian Civil and Administrative Tribunal Act 1998, after "fees" insert "to successful party". 36 New section 115CA inserted After section 115C of the Victorian Civil and 10 Administrative Tribunal Act 1998 insert-- "115CA Presumption of order for reimbursement of fees in certain planning matters (1) Subject to subsections (2) and (3), an applicant to the Tribunal under section 79 of 15 the Planning and Environment Act 1987 is entitled to an order under section 115B that the responsible authority reimburse the applicant the whole of any fees paid by the applicant in the proceeding. 20 Note Section 79 of the Planning and Environment Act 1987 enables an applicant for a planning permit to apply to the Tribunal for review of a failure of the responsible authority to grant the permit within the 25 prescribed time. (2) If different fees are payable in a proceeding under section 79 of the Planning and Environment Act 1987 depending on an election made by the applicant, 30 subsection (1) applies to entitle the applicant to an order for reimbursement of only the amount of the lowest of those fees. Example If different fees are payable depending on the list of 35 the Tribunal in which the applicant elects to have the proceeding entered, then if the applicant elects to have 571503B.I-24/6/2014 25 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 37 the proceeding entered in a list that attracts a higher fee, the applicant would only be entitled under subsection (1) to an order for reimbursement of the amount of the lowest of those fees. 5 (3) Subsection (1) does not apply if the responsible authority satisfies the Tribunal that there was reasonable justification for the responsible authority to fail to grant the permit before the application to the Tribunal, 10 having regard to-- (a) the nature and complexity of the permit application; and (b) the conduct of the applicant in relation to the permit application; and 15 (c) any other matter beyond the reasonable control of the responsible authority.". 37 Re-opening an order on substantive grounds (1) For section 120(4)(a) of the Victorian Civil and Administrative Tribunal Act 1998 substitute-- 20 "(a) hear and determine the application if it is satisfied that-- (i) the applicant had a reasonable excuse for not attending or being represented at the hearing; and 25 (ii) it is appropriate to hear and determine the application having regard to the matters specified in subsection (4A); and". (2) After section 120(4) of the Victorian Civil and 30 Administrative Tribunal Act 1998 insert-- "(4A) For the purposes of subsection (4)(a)(ii), the matters are-- 571503B.I-24/6/2014 26 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 38 (a) whether the applicant has a reasonable case to argue in relation to the subject- matter of the order; and (b) any prejudice that may be caused to 5 another party if the application is heard and determined. (4B) The Tribunal may hear and determine an application under this section despite subsection (4A)(b) if the Tribunal is satisfied 10 that any prejudice that may be caused to a party may be addressed by an order for costs under section 109 or an order for reimbursement of fees under section 115B or both. 15 (4C) In deciding to hear and determine an application under this section the Tribunal may require the applicant to give any undertaking as to costs or damages that the Tribunal considers appropriate.". 20 38 Power to make rules After section 157(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert-- "(4) Rules made in relation to service of documents may provide for service outside 25 Australia of applications to the Tribunal only with leave of the Tribunal constituted by a member who is a legal practitioner.". 39 New section 168 inserted After section 167 of the Victorian Civil and 30 Administrative Tribunal Act 1998 insert-- "168 Transitional provisions--Courts Legislation Miscellaneous Amendments Act 2014 (1) Subject to subsection (2), each amendment 35 made to this Act by Division 1 of Part 3 of 571503B.I-24/6/2014 27 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 40 the Courts Legislation Miscellaneous Amendments Act 2014 (except section 26) applies, on and after the coming into operation of the amendment, in relation to all 5 proceedings in the Tribunal, whether those proceedings were commenced before or after the coming into operation of the amendment. (2) Section 115CA applies only in relation to an application to the Tribunal under section 79 10 of the Planning and Environment Act 1987 that is made on or after the coming into operation of section 36 of the Courts Legislation Miscellaneous Amendments Act 2014.". 15 40 Definition of planning enactment in Schedule 1 In clause 2 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, in the definition of planning enactment-- (a) paragraph (e) is repealed; 20 (b) in paragraph (g) omit "and sections 36 and 39". 41 Parties to lodge grounds (1) Insert the following heading to clause 56 of Schedule 1 to the Victorian Civil and 25 Administrative Tribunal Act 1998-- "Person wishing to contest proceeding to lodge grounds". (2) After clause 56(4) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 30 insert-- "(5) A person who lodges a statement under subclause (1) may lodge with the statement a written notice that the person does not intend to participate in the hearing of the 35 proceeding. 571503B.I-24/6/2014 28 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 42 (6) If a person lodges a notice under subclause (5), the person is not, or ceases to be, a party to the proceeding (as the case requires).". 5 42 Member of Tribunal can mediate Clause 70 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 is repealed. 43 New clause 97A inserted in Schedule 1 10 After clause 97 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert-- "97A Valuer-general may intervene and be represented 15 The valuer-general may intervene, and be represented by a professional advocate, at any time in a proceeding for review under Division 4 of Part III of the Valuation of Land Act 1960.". 20 44 Subject matter for rules In Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998, after "Service of documents" insert ", including service outside Victoria (including outside Australia)". 25 45 Statute law revision In clause 5(2) of Schedule 3 to the Victorian Civil and Administrative Tribunal Act 1998, for "subsection (1)" substitute "subclause (1)". 571503B.I-24/6/2014 29 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 46 Division 2--Further amendments to Victorian Civil and Administrative Tribunal Act 1998 46 Definitions In section 3 of the Victorian Civil and 5 Administrative Tribunal Act 1998-- (a) insert the following definition-- "part-time service arrangement means an arrangement entered into under section 18A;"; 10 (b) for the definition of full-time member substitute-- "full-time member means-- (a) the President or a Vice President, other than a Vice President who is 15 undertaking the duties of a Vice President on a part-time or sessional basis under section 11A(2A); or (b) a Deputy President, senior 20 member or ordinary member who is appointed on a non-sessional basis and who is not undertaking the duties of office on a part-time basis;"; 25 (c) the definition of part-time member is repealed. 47 Deputy Presidents, senior members and ordinary members (1) For section 12(4) of the Victorian Civil and 30 Administrative Tribunal Act 1998 substitute-- "(4) A Deputy President may only be appointed on a non-sessional basis.". 571503B.I-24/6/2014 30 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 48 (2) For section 13(4) of the Victorian Civil and Administrative Tribunal Act 1998 substitute-- "(4) A senior member may be appointed on a sessional or a non-sessional basis.". 5 (3) For section 14(4) of the Victorian Civil and Administrative Tribunal Act 1998 substitute-- "(4) An ordinary member may be appointed on a sessional or a non-sessional basis.". 48 Appointment of members 10 After section 16(7) of the Victorian Civil and Administrative Tribunal Act 1998 insert-- "(8) The instrument of appointment of a Deputy President, senior member or ordinary member may indicate that the member is to 15 commence undertaking the duties of office on a part-time basis and, if so, may specify the proportion of full-time duties to be worked by the member. (9) If a member's instrument of appointment 20 indicates that the member is to commence undertaking the duties of office on a part-time basis, the member is taken to have entered into a part-time service arrangement, which may be varied or terminated 25 accordingly.". 49 Remuneration and allowances (1) Insert the following heading to section 17 of the Victorian Civil and Administrative Tribunal Act 1998-- 30 "Terms and conditions of service". (2) For section 17(1) and (2) of the Victorian Civil and Administrative Tribunal Act 1998 substitute-- 571503B.I-24/6/2014 31 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 50 "(1) A member is subject to the terms and conditions, including remuneration and allowances, that are determined from time to time by Order of the Governor in Council. 5 (2) The Governor in Council may under subsection (1) determine different terms and conditions for different classes of members.". (3) After section 17(3) of the Victorian Civil and 10 Administrative Tribunal Act 1998 insert-- "(3A) An Order of the Governor in Council under this section may apply, adopt or incorporate by reference any document formulated or published by a person or body, whether-- 15 (a) without modification or as modified by the Order; or (b) as formulated or published on or before the date when the Order is made; or (c) as formulated or published from time to 20 time.". 50 Prohibition on outside employment In section 18 of the Victorian Civil and Administrative Tribunal Act 1998, for "appointed on a full-time basis" substitute 25 "a full-time member". 51 New sections 18A, 18B and 18C inserted After section 18 of the Victorian Civil and Administrative Tribunal Act 1998 insert-- "18A Entry into part-time service arrangement 30 (1) A Deputy President, senior member or ordinary member may enter into an arrangement with the President to undertake the duties of office on a part-time basis. 571503B.I-24/6/2014 32 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 51 (2) A part-time service arrangement-- (a) must be in writing; and (b) must specify the proportion of full-time duties to be worked by the member, 5 which must be a minimum of 04 of full-time duties; and (c) may specify an expiry date, but is not required to do so. (3) The President may have regard to the 10 following factors in considering whether to enter into a part-time service arrangement-- (a) the operational needs of the Tribunal; (b) the personal and professional circumstances of the member; 15 (c) parity and equity with other members; (d) any other relevant consideration. (4) A part-time service arrangement takes effect from the date specified in the part-time service arrangement. 20 (5) A Deputy President, senior member or ordinary member to whom a part-time service agreement applies is entitled to receive a pro-rata amount of the remuneration applicable to a Deputy 25 President, senior member or ordinary member (as the case requires) appointed on a non-sessional basis who is undertaking the duties of office on a full-time basis. (6) This section does not apply to a senior 30 member or ordinary member who is appointed on a sessional basis. 571503B.I-24/6/2014 33 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 51 18B Variation of part-time service arrangement (1) A part-time service arrangement may be varied by agreement between the member to 5 whom the arrangement applies and the President. (2) A variation of a part-time service arrangement-- (a) must be in writing; and 10 (b) must specify the proportion of full-time duties to be worked by the member, which must be a minimum of 04 of full-time duties. (3) The President may have regard to the factors 15 referred to in section 18A(3) in considering whether to vary a part-time service arrangement. (4) A variation of a part-time service arrangement takes effect from the date 20 specified in the written variation of the part-time service arrangement. 18C Termination of part-time service arrangement (1) A part-time service arrangement is 25 terminated if the appointment of the member to whom the arrangement applies is amended from a non-sessional basis to a sessional basis. Note 30 See section 16B(2). (2) A part-time service arrangement may be terminated by agreement between the member to whom the arrangement applies and the President.". 571503B.I-24/6/2014 34 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 52 52 Transitional provisions--Courts Legislation Miscellaneous Amendments Act 2014 After section 168(2) of the Victorian Civil and Administrative Tribunal Act 1998 insert-- 5 "(3) A Deputy President, senior member or ordinary member who was appointed on a part-time basis and who held office immediately before the commencement of section 47 of the Courts Legislation 10 Miscellaneous Amendments Act 2014, on and after that commencement-- (a) continues to hold office as a Deputy President, senior member or ordinary member (as the case requires); and 15 (b) is taken to be serving under a part-time service arrangement on the same terms as applied to the person immediately before that commencement. (4) A Deputy President, senior member or 20 ordinary member who was appointed on a full-time basis and who held office immediately before the commencement of section 47 of the Courts Legislation Miscellaneous Amendments Act 2014, on 25 and after that commencement continues to hold office as a Deputy President, senior member or ordinary member (as the case requires) on the same terms as applied to the person immediately before that 30 commencement. (5) To avoid doubt, nothing in this Act prevents a person referred to in subsection (4) from entering into a part-time service arrangement.". 571503B.I-24/6/2014 35 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 53 Division 3--Amendment of Enabling Enactments 53 Planning and Environment Act 1987--Parties to review See: (1) After section 83(2) of the Planning and Act No. 5 45/1987. Environment Act 1987 insert-- Reprint No. 11 as at "(2A) Subsection (2) does not apply if the objector 28 October 2013 lodges notice under clause 56(5) of and Schedule 1 to the Victorian Civil and amending Act Nos Administrative Tribunal Act 1998.". 70/2013 and 10 17/2014. (2) After section 83(3) of the Planning and LawToday: Environment Act 1987 insert-- www. legislation. "(4) In addition to any other party to a proceeding vic.gov.au for review under section 82, the applicant for the permit is a party to the proceeding.". 15 54 Planning and Environment Act 1987--Injunctions (1) In section 125 of the Planning and Environment Act 1987, after "jurisdiction" insert "or to the Tribunal". (2) At the end of section 125 of the Planning and 20 Environment Act 1987 insert-- "(2) Section 123 of the Victorian Civil and Administrative Tribunal Act 1998 applies on an application to the Tribunal under subsection (1).". 571503B.I-24/6/2014 36 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 55 55 Retail Leases Act 2003--Meaning of retail tenancy dispute After section 81(1) of the Retail Leases Act 2003 See: Act No. insert-- 4/2003. Reprint No. 2 5 "(1A) In addition, a retail tenancy dispute as at 16 May 2013 includes-- and amending (a) a dispute between a landlord and a Act No. guarantor of a tenant's obligations 17/2014. LawToday: under a lease arising in circumstances www. 10 referred to in subsection (1)(a), (b) legislation. vic.gov.au or (c); and (b) a dispute between a landlord and a person who has given an indemnity to the landlord for loss or damage arising 15 as a result of a breach by a tenant of a lease in circumstances referred to in subsection (1)(a), (b) or (c).". 56 Retail Leases Act 2003--Referral of retail tenancy disputes for alternative dispute resolution 20 After section 86(1) of the Retail Leases Act 2003 insert-- "(1A) A guarantor of a tenant's obligations under a lease who has been called on to perform any of those obligations may refer a retail 25 tenancy dispute referred to in section 81(1A) to the Small Business Commissioner for mediation. (1B) A person who has given an indemnity to a landlord for loss or damage arising as a 30 result of a breach by a tenant of a lease and who has been called on to indemnify the landlord accordingly may refer a retail tenancy dispute referred to in section 81(1A) to the Small Business Commissioner for 35 mediation.". 571503B.I-24/6/2014 37 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 57 57 Retail Leases Act 2003--Jurisdiction of Tribunal (1) For section 89(1) of the Retail Leases Act 2003 substitute-- "(1) The Tribunal has jurisdiction to hear and 5 determine an application by any of the following persons seeking resolution of a retail tenancy dispute-- (a) a landlord or tenant under a retail premises lease; 10 (b) a guarantor of a tenant's obligations under a retail premises lease; (c) a person who has given an indemnity to a landlord for loss or damage arising as a result of a breach by a tenant of a 15 retail premises lease; (d) a specialist retail valuer.". (2) In section 89(4) of the Retail Leases Act 2003-- (a) in paragraph (b), for "Conduct)--" substitute "Conduct); or"; 20 (b) after paragraph (b) insert-- "(c) a retail tenancy dispute referred to in section 81(1A)--". 571503B.I-24/6/2014 38 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 58 58 Transport Accident Act 1986--Application to Tribunal (1) In section 77(1) of the Transport Accident Act See: Act No. 1986 omit ", within 12 months after becoming 111/1986. 5 aware of the decision,". Reprint No. 13 as at 1 January (2) After section 77(1) of the Transport Accident 2014 and Act 1986 insert-- amending Act Nos "(1A) An application under subsection (1) must be 30/2013, 67/2013 and made-- 26/2014. LawToday: 10 (a) within 12 months after the person www. becomes aware of the decision; or legislation. vic.gov.au (b) if the decision has been the subject of an application for a pre-issue review under the Protocols, within 3 months 15 after the Commission notifies the person in accordance with the Protocols of its decision on the application.". (3) After section 77(4) of the Transport Accident Act 1986 insert-- 20 "(5) In this section-- Protocols means the No Fault Dispute Resolution Protocols agreed between the Commission, the Law Institute of Victoria and the Australian Lawyers 25 Alliance on 1 March 2005 as amended from time to time.". 571503B.I-24/6/2014 39 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 3--Victorian Civil and Administrative Tribunal s. 59 59 Transport Accident Act 1986--New Division 9 inserted in Part 11 At the end of Part 11 of the Transport Accident Act 1986 insert-- 5 "Division 9--Courts Legislation Miscellaneous Amendments Act 2014 228 Application to Tribunal (1) Section 77(1) as amended by the amending Act and section 77(1A) as inserted by the 10 amending Act apply to-- (a) a decision of which a person becomes aware on or after the commencement day; and (b) a decision of which a person became 15 aware within 12 months before the commencement day, unless the person had applied for review of the decision under section 77(1) before the commencement day. 20 (2) In this section-- amending Act means the Courts Legislation Miscellaneous Amendments Act 2014; commencement day means the day on which 25 section 59 of the amending Act comes into operation.". 60 Valuation of Land Act 1960--Functions of valuer- general For section 5(1)(a) of the Valuation of Land Act 30 1960 substitute-- "(a) to carry out the duties and functions conferred by this or any other Act;". __________________ 571503B.I-24/6/2014 40 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 4--Coroners s. 61 PART 4--CORONERS 61 Certain reportable deaths do not require investigation (1) In section 17(1) of the Coroners Act 2008, for See: Act No. 5 "A coroner" substitute "Subject to subsection (3), 77/2008. a coroner". Reprint No. 1 as at 21 July 2011 (2) After section 17(2) of the Coroners Act 2008 and insert-- amending Act Nos "(3) This section does not apply to a reportable 52/2012, 83/2012, 10 death of a person who, immediately before 5/2013 and death, was a person placed in custody or 63/2013. LawToday: care. www. legislation. Note vic.gov.au See section 52 which provides for the investigatory 15 requirements in respect of a death due to natural causes where the deceased was, immediately before death, a person placed in custody or care.". 62 Objections to autopsy (1) For section 26(2) of the Coroners Act 2008 20 substitute-- "(2) Within 48 hours after receiving notice under subsection (1), the senior next of kin may-- (a) ask the coroner to reconsider the direction that an autopsy be performed; 25 or (b) if the senior next of kin does not object to the autopsy and would like the autopsy to be performed without delay, consent, in accordance with the rules, to 30 the waiver of the period remaining for the senior next of kin to make a request under paragraph (a).". (2) In section 26(3) of the Coroners Act 2008, for "subsection (2)" substitute "subsection (2)(a)". 571503B.I-24/6/2014 41 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 4--Coroners s. 63 (3) For section 26(4)(b) of the Coroners Act 2008 substitute-- "(b) subject to paragraph (c), if-- (i) a request has been made under 5 subsection (2)(a), 48 hours after the notice is given under subsection (3); or (ii) the remainder of the period specified in subsection (2) has been waived by the senior next of kin under subsection 10 (2)(b), on the giving of the waiver; or". 63 Documents and prepared statements requested by coroner (1) In the heading to section 42 of the Coroners Act 2008, for "requested" substitute "required". 15 (2) In section 42(2) of the Coroners Act 2008-- (a) for "request made by the coroner" substitute "requirement"; (b) in paragraph (b) for "request" substitute "requirement". 20 (3) In section 42(3) of the Coroners Act 2008-- (a) for "requested" substitute "required"; (b) for "request" substitute "requirement". 64 Inquest into a death (1) In section 52(2) of the Coroners Act 2008, for 25 "subsection (3)" substitute "subsections (3) and (3A)". (2) After section 52(3) of the Coroners Act 2008 insert-- "(3A) The coroner is not required to hold an 30 inquest in the circumstances set out in subsection (2)(b) if the coroner considers that the death was due to natural causes. 571503B.I-24/6/2014 42 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 4--Coroners s. 65 (3B) For the purposes of subsection (3A), a death may be considered to be due to natural causes if the coroner has received a report from a medical investigator, in accordance 5 with the rules, that includes an opinion that the death was due to natural causes.". (3) In section 52(4) of the Coroners Act 2008, for "subsection (3)" substitute "subsections (3) and (3A)". 10 65 Publication of findings and reports After section 73(1) of the Coroners Act 2008 insert-- "(1A) Subject to subsection (1B), the findings, comments and recommendations made 15 following an investigation may be published on the Internet in accordance with the rules. (1B) A finding made following an investigation of a death of a deceased who was, immediately before the death, a person placed in custody 20 or care that the death was due to natural causes must be published on the Internet in accordance with the rules.". 66 Appeal in relation to determination that death not a reportable death 25 In section 78(2) of the Coroners Act 2008, for "3 months" substitute "28 days". 67 Appeal in relation to determination of coroner not to investigate a fire In section 80(2) of the Coroners Act 2008, for 30 "3 months" substitute "28 days". 68 Appeal in relation to determination not to hold an inquest (1) In section 82(2) of the Coroners Act 2008, for "3 months" substitute "28 days". 571503B.I-24/6/2014 43 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 4--Coroners s. 69 (2) At the foot of section 82 of the Coroners Act 2008 insert-- "Note See also section 87A.". 5 69 Appeal against findings of a coroner In section 83(3) of the Coroners Act 2008, for "6 months" substitute "2 months". 70 Appeal against refusal by coroner to re-open investigation 10 (1) In section 84(2) of the Coroners Act 2008, for "3 months" substitute "28 days". (2) At the foot of section 84 of the Coroners Act 2008 insert-- "Note 15 See also section 87A.". 71 Appeal to Supreme Court is on a question of law (1) In the heading to section 87 of the Coroners Act 2008 omit "is on a question of law". (2) In section 87(1) of the Coroners Act 2008, for 20 "An appeal" substitute "Subject to section 87A, an appeal". 72 New section 87A inserted After section 87 of the Coroners Act 2008 insert-- 25 "87A Appeal to Supreme Court in the interests of justice (1) An appeal to the Supreme Court other than on a question of law may be made under section 82(1) in respect of a decision by a 30 coroner to not hold an inquest into a death, or section 84(1) in respect of a refusal by the Coroners Court to re-open an investigation into a death, if the appeal is made by-- 571503B.I-24/6/2014 44 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 4--Coroners s. 73 (a) the senior next of kin of the deceased; or (b) a person with sufficient interest. (2) The Supreme Court may allow an appeal 5 under subsection (1) if it is satisfied that it is necessary or desirable in the interests of justice to do so.". 73 Rules of the Coroners Court After section 105(1)(ba) of the Coroners Act 10 2008 insert-- "(bb) the manner of making a waiver under section 26(2)(b) and the recording of such of a waiver;". 74 Access to documents 15 (1) For section 115(1) of the Coroners Act 2008 substitute-- "(1) Unless otherwise ordered by the coroner, the principal registrar must-- (a) provide the senior next of kin of a 20 deceased person written notice, in accordance with the rules, specifying-- (i) that reports have been given to a coroner as a result of a medical examination performed on the 25 deceased; and (ii) that the senior next of kin may request copies of those reports; and (iii) the manner in which the senior 30 next of kin may request copies of those reports; and 571503B.I-24/6/2014 45 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 4--Coroners s. 75 (b) if an inquest is to be held, provide an interested party with a copy of the coronial brief.". (2) In section 115(7) of the Coroners Act 2008-- 5 (a) for "inquest brief" substitute "coronial brief"; (b) in paragraph (c), for "an inquest" substitute "a coronial investigation"; (c) in paragraph (d), for "the inquest" substitute 10 "the coronial investigation". (3) In section 115(8) of the Coroners Act 2008-- (a) for "an inquest brief" substitute "a coronial brief"; (b) for "the inquest" substitute "the coronial 15 investigation". 75 New section 120 inserted After section 119 of the Coroners Act 2008 insert-- "120 Transitional provision--Courts 20 Legislation Miscellaneous Amendments Act 2014 (1) In this section-- amending Act means the Courts Legislation Miscellaneous 25 Amendments Act 2014; commencement day means the day on which section 64 of the amending Act comes into operation. (2) Section 52, as in force on the 30 commencement day, applies to a death of a deceased who was, immediately before the death, a person placed in custody or care if, immediately before the commencement day, 571503B.I-24/6/2014 46 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 4--Coroners s. 75 an investigation into that death has not been completed by the coroner.". __________________ 571503B.I-24/6/2014 47 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 5--Court Security s. 76 PART 5--COURT SECURITY 76 Definitions See: In section 2(1) of the Court Security Act 1980 Act No. 9499. insert the following definitions-- Reprint No. 3 5 as at "Australian legal practitioner has the same 7 August 2013 and meaning as in the Legal Profession Act amending 2004; Act Nos 68/2013 and Court Services Victoria has the same meaning as 37/2014. LawToday: in the Court Services Victoria Act 2014; www. 10 legislation. judicial officer includes a non-judicial member of vic.gov.au VCAT; news media organisation has the same meaning as in the Open Courts Act 2013; proceeding means a proceeding in the Supreme 15 Court, the County Court, the Magistrates' Court, the Children's Court, the Coroners Court, VCAT or the Victims of Crime Assistance Tribunal; publish means disseminate or provide access to 20 the public by any means, including-- (a) by publication in a book, newspaper, magazine or other written publication; or (b) broadcast by radio or television; or 25 (c) by electronic communication; or (d) by public exhibition; recording means all or part of an audio, visual or audiovisual recording and includes a photograph;". 571503B.I-24/6/2014 48 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 5--Court Security s. 77 77 Heading to section 4 inserted Insert the following heading to section 4 of the Court Security Act 1980-- "Offence to carry or possess firearm, explosive 5 substance or offensive weapon on court premises". 78 New sections 4A, 4B and 4C inserted After section 4 of the Court Security Act 1980 insert-- 10 "4A Offence to record proceeding (1) A person must not intentionally make a recording of a proceeding except in accordance with subsection (2), (3) or (4). Penalty: 20 penalty units. 15 (2) An officer, employee or agent, or any person authorised by or on behalf, of Court Services Victoria may make a recording of a proceeding if that person does so in the course of the person's engagement, 20 employment or contract. Example To enable the preparation of an official transcript of a court proceeding. (3) Subject to any direction of a judicial 25 officer-- (a) a representative of a news media organisation may make an audio recording of a proceeding for the purpose of preparing a media report; 30 and (b) an Australian legal practitioner or other prescribed person may make an audio recording of a proceeding for the 571503B.I-24/6/2014 49 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 5--Court Security s. 78 purposes of the legal representation of a person in that proceeding. (4) A person may make a recording of a proceeding if-- 5 (a) express written permission is given by a judicial officer, whether in respect of-- (i) a specific proceeding or class of proceedings; or (ii) generally; or 10 (b) required by or authorised under any other Act or subordinate instrument; or (c) the recording is of a prescribed class of recordings. 4B Offence to publish recording of 15 proceeding (1) A person must not intentionally publish a recording of a proceeding except in accordance with subsection (2). Penalty: 20 penalty units. 20 (2) A person may publish a recording of a proceeding if express written permission is given by a judicial officer, whether-- (a) in respect of a specific proceeding or class of proceedings or generally; or 25 (b) for a specific purpose; or (c) subject to specified conditions; or (d) in respect of a specific recording or class of recordings; or (e) as provided for in any combination of 30 paragraphs (a), (b), (c) or (d). 571503B.I-24/6/2014 50 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 5--Court Security s. 78 (3) A person who, after publishing a recording of a proceeding, becomes aware that the recording is not a recording permitted to be made under section 4A(2), (3) or (4) or 5 permitted to be published under subsection (1) must take all reasonable steps within that person's power to remove from publication or take down that recording. Penalty: 20 penalty units. 10 (4) A person is not liable to be prosecuted for an offence against both subsection (1) and section 4C(1) in respect of the same recording. 4C Offence to transmit to or give recording of 15 proceeding to another person (1) A person must not intentionally transmit to or give a recording of a proceeding to another person except in accordance with subsection (2), (3) or (4). 20 Penalty: 20 penalty units. (2) An officer, employee or agent, or any person authorised by or on behalf, of Court Services Victoria may transmit a recording of a proceeding if that person does so in the 25 course of the person's engagement, employment or contract. Example To enable the preparation of an official transcript of a court proceeding. 30 (3) Subject to any direction of a judicial officer-- (a) a representative of a news media organisation may transmit an audio recording of a proceeding made in 35 accordance with section 4A(3)(a) to 571503B.I-24/6/2014 51 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 5--Court Security s. 79 another employee or agent of that news media organisation to enable that news media organisation to prepare a media report; and 5 (b) an Australian legal practitioner or other prescribed person may transmit an audio recording of a proceeding made in accordance with section 4A(3)(b) to another person assisting with the legal 10 representation of the person referred to in that section in that proceeding. (4) A person may transmit or give a recording of a proceeding to another person if-- (a) express written permission is given by a 15 judicial officer, whether in respect of-- (i) a specific proceeding or class of proceedings; or (ii) generally; or (b) required by or authorised under any 20 other Act or subordinate instrument; or (c) the recording is of a prescribed class of recordings.". 79 Regulations At the end of section 6 of the Court Security Act 25 1980 insert-- "(2) The regulations-- (a) may be of general or limited application; (b) may differ according to differences in 30 time, place or circumstances; 571503B.I-24/6/2014 52 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 5--Court Security s. 80 (c) without limiting paragraph (b), may make different provision for different courts or tribunals or classes of courts or tribunals.". 5 80 Consequential amendment to Legal Profession See: Act No. Uniform Law Application Act 2014 17/2014 and After item 26 of Schedule 2 to the Legal amending Act No. Profession Uniform Law Application Act 2014 37/2014. insert-- StatuteBook: www. 10 "26A Court Security Act 1980 legislation. vic.gov.au 26A.1 In section 2(1), the definition of Australian legal practitioner is repealed.". __________________ 571503B.I-24/6/2014 53 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 81 PART 6--JUDICIAL REGISTRARS Division 1--Supreme Court Act 1986 81 Guidelines relating to the appointment of judicial registrars 5 In section 113D(1)(a) of the Supreme Court Act 1986, after "appointment" insert "(including re- appointment)". 82 Appointment by the Governor in Council In section 113F(5) of the Supreme Court Act 10 1986, after "re-appointment" insert "in accordance with section 113E and this section if the Chief Justice recommends to the Attorney- General that the person be re-appointed". 83 Remuneration and terms and conditions of 15 appointment At the end of section 113G of the Supreme Court Act 1986 insert-- "(8) Nothing in this section authorises the salary or the aggregate value of the allowances 20 payable to a judicial registrar to be reduced.". 84 New section 113GB inserted Before section 113H of the Supreme Court Act 1986 insert-- 25 "113GB Oath or affirmation of office (1) A judicial registrar must take an oath or affirmation of office in the prescribed form and manner. (2) Subsection (1) only applies to a person who 30 is appointed or re-appointed as a judicial registrar on or after the commencement of section 84 of the Courts Legislation Miscellaneous Amendments Act 2014. 571503B.I-24/6/2014 54 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 85 (3) A failure by a person to take an oath or affirmation of office in accordance with this section does not invalidate anything done by that person as a judicial registrar.". 5 85 Section 113M substituted For section 113M of the Supreme Court Act 1986 substitute-- "113M Appeal from or review of determination of Court constituted by judicial registrar 10 (1) The Rules may provide for appeals from or reviews of a determination of the Court constituted by a judicial registrar-- (a) whether in respect of-- (i) the hearing and determination of 15 any proceeding (whether criminal or civil); or (ii) any interlocutory application; and (b) whether in respect of specified kinds of application or proceeding or generally; 20 and (c) by specifying whether the procedure is by way of appeal or review or both; and (d) by specifying the way in which the Court may be constituted for those 25 appeals or reviews. (2) The powers in subsection (1) are in addition to and do not limit any power to make Rules under section 25. (3) Unless the Rules otherwise provide, a 30 determination of the Court constituted by a judicial registrar may be appealed from or reviewed-- 571503B.I-24/6/2014 55 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 85 (a) on application of a party to the proceeding; or (b) on the Court's own motion. (4) If the Rules do not provide for an appeal 5 from or a review of a determination of the Court constituted by a judicial registrar, the determination is to be subject to a review or an appeal conducted-- (a) by way of hearing de novo by the Court 10 constituted-- (i) in the case of a determination of the Court of Appeal constituted by a judicial registrar, by a Judge of Appeal; and 15 (ii) in the case of a determination of the Trial Division constituted by a judicial registrar, by a Judge of the Court; and (b) otherwise in accordance with the Rules, 20 if any. (5) This section does not apply to a determination of the Costs Court constituted by a judicial registrar under Division 2B of Part 2 which is to be dealt with in accordance 25 with section 17HA and the Rules.". 571503B.I-24/6/2014 56 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 86 Division 2--County Court Act 1958 86 Guidelines relating to the appointment of judicial registrars In section 17M(1)(a) of the County Court Act See: Act No. 5 1958, after "appointment" insert "(including 6230. re-appointment)". Reprint No. 15 as at 1 May 2013 and amending Act Nos 6230, 28/2013, 58/2013, 63/2013, 67/2013, 68/2013, 70/2013, 17/2014, 25/2014 and 37/2014. LawToday: www. legislation. vic.gov.au 87 Appointment by the Governor in Council In section 17O(5) of the County Court Act 1958, after "re-appointment" insert "in accordance with 10 section 17N and this section if the Chief Judge recommends to the Attorney-General that the person be re-appointed". 88 Remuneration and terms and conditions of appointment 15 At the end of section 17P of the County Court Act 1986 insert-- "(8) Nothing in this section authorises the salary or the aggregate value of the allowances payable to a judicial registrar to be 20 reduced.". 571503B.I-24/6/2014 57 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 89 89 New section 17PA inserted After section 17P of the County Court Act 1958 insert-- "17PA Oath or affirmation of office 5 (1) A judicial registrar must take an oath or affirmation of office in the prescribed form and manner. (2) Subsection (1) only applies to a person who is appointed or re-appointed as a judicial 10 registrar on or after the commencement of section 89 of the Courts Legislation Miscellaneous Amendments Act 2014. (3) A failure by a person to take an oath or affirmation of office in accordance with this 15 section does not invalidate anything done by that person as a judicial registrar.". 90 Section 17V substituted For section 17V of the County Court Act 1958 substitute-- 20 "17V Appeal from or review of determination of court constituted by judicial registrar (1) The Rules may provide for appeals from or reviews of a determination of the court constituted by a judicial registrar-- 25 (a) whether in respect of-- (i) the hearing and determination of any proceeding (whether criminal or civil); or (ii) any interlocutory application; and 30 (b) whether in respect of specified kinds of application or proceeding or generally; and 571503B.I-24/6/2014 58 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 90 (c) by specifying whether the procedure is by way of appeal or review or both; and (d) by specifying the way in which the court may be constituted for those 5 appeals or reviews. (2) The powers in subsection (1) are in addition to and do not limit any power to make Rules under section 78. (3) Unless the Rules otherwise provide, a 10 determination of the court constituted by a judicial registrar may be appealed from or reviewed-- (a) on application of a party to the proceeding; or 15 (b) on the court's own motion. (4) If the Rules do not provide for an appeal from or a review of a determination of the court constituted by a judicial registrar, the determination is to be subject to a review or 20 an appeal conducted-- (a) by way of hearing de novo by the court constituted by a judge of the court; and (b) otherwise in accordance with the Rules, if any.". 571503B.I-24/6/2014 59 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 91 Division 3--Magistrates' Court Act 1989 91 Guidelines relating to the appointment of judicial registrars See: In section 16B(1)(a) of the Magistrates' Court Act No. 5 51/1989. Act 1989, after "appointment" insert "(including Reprint No. 18 re-appointment)". as at 7 March 2014 and amending Act Nos 51/1989, 12/2010, 32/2013, 67/2013, 1/2014, 17/2014, 25/2014, 26/2014, 32/2014 and 37/2014. LawToday: www. legislation. vic.gov.au 92 Appointment of judicial registrars In section 16C(7) of the Magistrates' Court Act 1989, after "re-appointment" insert "in 10 accordance with this section if the Chief Magistrate recommends to the Attorney-General that the person be re-appointed". 93 Terms and conditions of appointment At the end of section 16D of the Magistrates' 15 Court Act 1989 insert-- "(7) Nothing in this section authorises the salary or the aggregate value of the allowances payable to a judicial registrar to be reduced.". 571503B.I-24/6/2014 60 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 94 94 New section 16DB inserted Before section 16E of the Magistrates' Court Act 1989 insert-- "16DB Oath or affirmation of office 5 (1) A judicial registrar must take an oath or affirmation of office in the prescribed form and manner. (2) Subsection (1) only applies to a person who is appointed or re-appointed as a judicial 10 registrar on or after the commencement of section 94 of the Courts Legislation Miscellaneous Amendments Act 2014. (3) A failure by a person to take an oath or affirmation of office in accordance with this 15 section does not invalidate anything done by that person as a judicial registrar.". 95 Rules of Court In section 16I of the Magistrates' Court Act 1989-- 20 (a) in paragraph (b)(vi) for "1991." substitute "1991;"; (b) after paragraph (b) insert-- "(c) reviews of, and appeals from, the court constituted by a judicial registrar.". 25 96 Section 16K substituted For section 16K of the Magistrates' Court Act 1989 substitute-- "16K Appeal from or review of determination of Court constituted by judicial registrar 30 (1) The rules may provide for appeals from or reviews of a determination of the Court constituted by a judicial registrar-- 571503B.I-24/6/2014 61 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 96 (a) whether in respect of-- (i) the hearing and determination of any proceeding (whether criminal or civil); or 5 (ii) any interlocutory application; and (b) whether in respect of specified kinds of application or proceeding or generally; and (c) by specifying whether the procedure is 10 by way of appeal or review or both; and (d) by specifying the way in which the Court may be constituted for those appeals or reviews. (2) The powers in subsection (1) are in addition 15 to and do not limit any power to make rules under section 16I. (3) Unless the rules otherwise provide, a determination of the Court constituted by a judicial registrar may be appealed from or 20 reviewed-- (a) on application of a party to the proceeding; or (b) on the Court's own motion. (4) If the rules do not provide for an appeal from 25 or a review of a determination of the Court constituted by a judicial registrar, the determination is to be subject to a review or an appeal conducted-- (a) by way of hearing de novo by the Court 30 constituted by a magistrate; and (b) otherwise in accordance with the rules, if any.". 571503B.I-24/6/2014 62 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 97 Division 4--Children, Youth and Families Act 2005 97 Guidelines relating to the appointment of judicial registrars In section 542B(1)(a) of the Children, Youth and See: Act No. 5 Families Act 2005, after "appointment" insert 96/2005. "(including re-appointment)". Reprint No. 4 as at 27 March 2013 and amending Act Nos 96/2005, 9/2013, 30/2013, 52/2013, 63/2013, 67/2013, 74/2013, 17/2014, 19/2014, 26/2014, 29/2014, 36/2014 and 37/2014. LawToday: www. legislation. vic.gov.au 98 Appointment by Governor in Council In section 542D(5) of the Children, Youth and Families Act 2005, after "re-appointment" insert 10 "in accordance with section 542C and this section if the President recommends to the Attorney- General that the person be re-appointed". 99 Remuneration and terms and conditions of appointment 15 At the end of section 542E of the Children, Youth and Families Act 2005 insert-- "(8) Nothing in this section authorises the salary or the aggregate value of the allowances payable to a judicial registrar to be 20 reduced.". 571503B.I-24/6/2014 63 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 100 100 New section 542EA inserted After section 542E of the Children, Youth and Families Act 2005 insert-- "542EA Oath or affirmation of office 5 (1) A judicial registrar must take an oath or affirmation of office in the prescribed form and manner. (2) Subsection (1) only applies to a person who is appointed or re-appointed as a judicial 10 registrar on or after the commencement of section 100 of the Courts Legislation Miscellaneous Amendments Act 2014. (3) A failure by a person to take an oath or affirmation of office in accordance with this 15 section does not invalidate anything done by that person as a judicial registrar.". 101 Section 542K substituted For section 542K of the Children, Youth and Families Act 2005 substitute-- 20 "542K Appeal from or review of determination of Court constituted by judicial registrar (1) The rules of court may provide for appeals from or reviews of a determination of the Court constituted by a judicial registrar-- 25 (a) whether in respect of-- (i) the hearing and determination of any proceeding; or (ii) any interlocutory application; and (b) whether in respect of specified kinds of 30 application or proceeding or generally; and (c) by specifying whether the procedure is by way of appeal or review or both; and 571503B.I-24/6/2014 64 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 102 (d) by specifying the way in which the Court may be constituted for those appeals or reviews. (2) The powers in subsection (1) are in addition 5 to and do not limit any power to make rules of court under section 588. (3) Unless the rules of court otherwise provide, a determination of the Court constituted by a judicial registrar may be appealed from or 10 reviewed-- (a) on application of a party to the proceeding; or (b) on the Court's own motion. (4) If the rules of court do not provide for an 15 appeal from or a review of a decision of the Court constituted by a judicial registrar, the decision is to be subject to a review or an appeal conducted-- (a) by way of hearing de novo by the court 20 constituted by a magistrate for the Court; and (b) otherwise in accordance with the rules of court, if any.". Division 5--Coroners Act 2008 25 102 Guidelines relating to the appointment of judicial registrars In section 102B(1)(a) of the Coroners Act 2008, after "appointment" insert "(including re-appointment)". 571503B.I-24/6/2014 65 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 103 103 Appointment by Governor in Council In section 102D(5) of the Coroners Act 2008, after "re-appointment" insert "in accordance with section 102C and this section if the State Coroner 5 recommends to the Attorney-General that the person be re-appointed". 104 Remuneration and terms and conditions of appointment At the end of section 102E of the Coroners Act 10 2008 insert-- "(8) Nothing in this section authorises the salary or the aggregate value of the allowances payable to a judicial registrar to be reduced.". 15 105 New section 102EA inserted After section 102E of the Coroners Act 2008 insert-- "102EA Oath or affirmation of office (1) A judicial registrar must take an oath or 20 affirmation of office in the prescribed form and manner. (2) Subsection (1) only applies to a person who is appointed or re-appointed as a judicial registrar on or after the commencement of 25 section 105 of the Courts Legislation Miscellaneous Amendments Act 2014. (3) A failure by a person to take an oath or affirmation of office in accordance with this section does not invalidate anything done by 30 that person as a judicial registrar.". 571503B.I-24/6/2014 66 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 106 106 Section 102K substituted For section 102K of the Coroners Act 2008 substitute-- "102K Appeal from or review of decisions of 5 judicial registrar (1) The rules may provide for appeals from or reviews of a decision of the Coroners Court constituted by a judicial registrar-- (a) whether in respect of specified kinds of 10 matters or generally; and (b) by specifying whether decisions are by way of appeal or review; and (c) by specifying the way in which the Coroners Court may be constituted for 15 those appeals or reviews. (2) The powers in subsection (1) are in addition to and do not limit any power to make rules under section 105. (3) Unless the rules otherwise provide, a 20 decision of the Coroners Court constituted by a judicial registrar may be appealed from or reviewed on the Coroner's Court's own motion. (4) If the rules do not provide for an appeal from 25 or a review of a decision of the Coroners Court constituted by a judicial registrar, the decision is to be subject to a review or an appeal conducted-- (a) by way of hearing de novo by the 30 Coroners Court constituted by a coroner; and (b) otherwise in accordance with the rules, if any.". 571503B.I-24/6/2014 67 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 6--Judicial Registrars s. 107 Division 6--Victims of Crime Assistance Act 1996 107 Rules See: After section 57(1)(c) of the Victims of Crime Act No. 81/1996. Assistance Act 1996 insert-- Reprint No. 5 5 as at "(ca) reviews under section 59A of decisions of 16 June 2011 and the Tribunal constituted by a judicial amending registrar, including specifying whether the Act Nos 5/2013, review is by way of hearing de novo or 17/2014 and otherwise;". 26/2014. LawToday: www. legislation. vic.gov.au 10 108 Review of delegated Tribunal decisions (1) In section 59A(1) of the Victims of Crime Assistance Act 1996 for "A person" substitute "In accordance with the rules, a person". (2) In section 59A(2) of the Victims of Crime 15 Assistance Act 1996-- (a) for "A review" substitute "Unless the rules otherwise provide, a review"; (b) after "novo" insert "by the Tribunal constituted by a magistrate and otherwise in 20 accordance with the rules, if any". __________________ 571503B.I-24/6/2014 68 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 7--Further Miscellaneous Amendments and Repeal s. 109 PART 7--FURTHER MISCELLANEOUS AMENDMENTS AND REPEAL Division 1--Supreme Court Act 1986 109 Regulations 5 (1) After section 129(2)(d) of the Supreme Court Act 1986 insert-- "(da) different fees for different classes of proceedings or different classes of party;". (2) After section 129(2) of the Supreme Court Act 10 1986 insert-- "(2A) The regulations may-- (a) be of general or limited application; and (b) differ according to differences in time, place or circumstances; and 15 (c) provide in a specified case or class of case for the exemption of any proceeding, person or thing or a class of proceeding, person or thing from any of the provisions of the regulations, 20 whether-- (i) unconditionally or on specified conditions; and (ii) either wholly or to such an extent as is specified; and 25 (d) provide for the payment in advance of any fee fixed under subsection (1)(a); and (e) provide for proportionate consequences of failure to pay any fee fixed under 30 subsection (1)(a); and 571503B.I-24/6/2014 69 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 7--Further Miscellaneous Amendments and Repeal s. 109 (f) provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of any fee fixed under subsection (1)(a); and 5 (g) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee fixed under subsection (1)(a) which was reduced, waived, postponed, remitted or 10 refunded by or in accordance with the regulations; and (h) confer a discretionary authority or impose a duty on any Judge of the Court, an Associate Judge, a judicial 15 registrar or a specified court official or a specified class of judge, class of judicial registrar or court official; and (i) leave any matter or thing dealt with by or in accordance with the regulations to 20 be decided by a specified court official or class of court official.". (3) In section 129(3) of the Supreme Court Act 1986 for "The prothonotary" substitute "Subject to the regulations or any power to reduce, waive, 25 postpone, remit or refund any fee fixed under subsection (1)(a), the prothonotary". (4) After section 129(3) of the Supreme Court Act 1986 insert-- "(4) If the regulations provide for a remission or 30 refund of a fee fixed under subsection (1)(a), the Consolidated Fund is appropriated to the necessary extent to enable any remission or refund to be paid.". 571503B.I-24/6/2014 70 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Part 7--Further Miscellaneous Amendments and Repeal s. 110 Division 2--Interpretation of Legislation Act 1984 110 Prescribing matters by reference to other documents After section 32(13) of the Interpretation of See: Act No. 5 Legislation Act 1984 insert-- 10096. Reprint No. 11 "(13A) If a subordinate instrument may prescribe, as at 17 January determine or fix any conditions of office for 2013 any person or class of persons, those and amending conditions of office may be prescribed, Act Nos 10 determined or fixed by the subordinate 7/2013, 22/2013, instrument by reference in that subordinate 30/2013, instrument to the conditions of office 36/2013, 57/2013, applicable to any other person or class of 70/2013, persons prescribed, determined or fixed from 17/2014 and 15 time to time-- 32/2014. LawToday: www. (a) by or under any other Act; or legislation. vic.gov.au (b) by or under any Commonwealth Act. (13B) Subsection (13A) applies-- (a) whether or not the power to prescribe, 20 determine or fix by subordinate instrument is subject to conditions, restrictions or limitations; and (b) despite any rule of law to the contrary.". 25 Division 3--Repeal of amending Act 111 Repeal of amending Act This Act is repealed on 1 September 2016. Note The repeal of this Act does not affect the continuing operation of 30 the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571503B.I-24/6/2014 71 BILL LA INTRODUCTION 24/6/2014

 


 

Courts Legislation Miscellaneous Amendments Bill 2014 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571503B.I-24/6/2014 72 BILL LA INTRODUCTION 24/6/2014

 


 

 


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