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PARLIAMENT OF VICTORIA
Judicial College of Victoria Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
3. Definitions 2
PART 2--ESTABLISHMENT, FUNCTIONS AND POWERS OF
THE COLLEGE 3
4. Establishment of the College 3
5. Functions of the College 3
6. Powers of the College 4
7. Delegation 5
PART 3--MANAGEMENT AND PROCEDURE OF THE
COLLEGE 6
8. Board of directors 6
9. Terms and conditions of office of directors 7
10. Payment of appointed directors 7
11. Vacancies and removal of appointed directors from office 7
12. Alternate directors 8
13. Validity of acts or decisions 9
14. Meetings of the Board 10
15. Committees 10
16. Staff 11
17. Appointment of consultants 11
PART 4--MISCELLANEOUS 12
18. Control on expenditure 12
19. Parliamentary requirement for information 12
20. Regulations 12
ENDNOTES 13
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Clause Page
INDEX 14
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s. 2
PARLIAMENT OF VICTORIA
Initiated in Assembly 2 May 2001
A BILL
to establish the Judicial College of Victoria and define its functions
and powers and for other purposes.
Judicial College of Victoria Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to establish the Judicial
College of Victoria with the function of assisting
5 the professional development of judicial officers
and providing continuing education and training
for judicial officers.
2. Commencement
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Judicial College of Victoria Act 2001
Act No.
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 February 2002, it comes into
5 operation on that day.
3. Definitions
In this Act--
"appointed director" means a director appointed
under section 8(1)(e);
10 "Board" means board of directors of the College;
"chairperson" means chairperson of the Board;
"College" means Judicial College of Victoria
established under section 4;
"director" means chairperson or other director of
15 the College;
"judicial officer" means--
(a) a Judge or Master of the Supreme
Court; or
(b) a judge or master of the County Court;
20 or
(c) a magistrate of the Magistrates' Court
or the Children's Court; or
(d) a coroner within the meaning of the
Coroners Act 1985; or
25 (e) a member of the Victorian Civil and
Administrative Tribunal.
_______________
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Judicial College of Victoria Act 2001
s. 4
Act No.
PART 2--ESTABLISHMENT, FUNCTIONS AND POWERS OF
THE COLLEGE
4. Establishment of the College
(1) The Judicial College of Victoria is established by
5 this Act.
(2) The College--
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
10 (c) may sue and be sued in its corporate name;
(d) subject to section 6, may acquire, hold and
dispose of personal property;
(e) subject to section 6, may do and suffer all
acts and things that a body corporate may by
15 law do and suffer.
(3) All courts must take judicial notice of the official
seal of the College affixed to a document and,
until the contrary is proved, must presume that it
was duly affixed.
20 (4) The official seal of the College must be kept in
such custody as the College directs and must not
be used except as authorised by it.
5. Functions of the College
(1) The functions of the College are--
25 (a) to assist in the professional development of
judicial officers;
(b) to provide continuing education and training
for judicial officers;
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Judicial College of Victoria Act 2001
s. 6
Act No.
(c) to produce relevant publications;
(d) to provide (on a fee for service basis)
professional development services, or
continuing judicial education and training
5 services, to persons who are not judicial
officers within the meaning of this Act;
(e) to liaise with persons and organisations in
connection with the performance of any of
its functions.
10 (2) In performing its functions under sub-section
(1)(a), (b) and (c), the College must--
(a) consult with judicial officers about the nature
and extent of the College's professional
development activities and continuing
15 education and training activities;
(b) have regard to the differing needs of
different classes of judicial officers and give
particular attention to the training of newly
appointed judicial officers;
20 (c) have regard to any other matters that appear
to the College to be relevant.
(3) The College may perform its functions, and
exercise its powers, within or outside Victoria.
6. Powers of the College
25 (1) Subject to sub-sections (2) and (3), the College
has power to do all things necessary or convenient
to be done for, or in connection with, performing
its functions.
(2) The College does not have power to acquire, hold
30 or dispose of real property.
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Judicial College of Victoria Act 2001
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Act No.
(3) The College must not, without the prior written
approval of the Attorney-General--
(a) acquire any personal property, right or
privilege for a consideration of more than
5 $50 000 or any higher amount prescribed for
the purposes of this paragraph; or
(b) dispose of any personal property, right or
privilege that has a value, or for a
consideration, of more than $50 000 or any
10 higher amount prescribed for the purposes of
this paragraph.
7. Delegation
The College, by instrument under its official seal,
may delegate to--
15 (a) a director; or
(b) the chief executive officer of the College; or
(c) an employee referred to in section 16(2); or
(d) the members of a committee established
under section 15--
20 any function or power of the corporation, other
than this power of delegation.
_______________
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Judicial College of Victoria Act 2001
s. 8
Act No.
PART 3--MANAGEMENT AND PROCEDURE OF THE
COLLEGE
8. Board of directors
(1) There shall be a board of directors of the College
5 consisting of 6 directors of whom--
(a) one is the Chief Justice of the Supreme
Court, or another Judge or a Master of that
Court nominated by the Chief Justice, who is
to be the chairperson; and
10 (b) one is the President of the Victorian Civil
and Administrative Tribunal or another
member of that Tribunal nominated by the
President; and
(c) one is the Chief Judge of the County Court
15 or another judge or a master of that Court
nominated by the Chief Judge; and
(d) one is the Chief Magistrate or another
magistrate nominated by the Chief
Magistrate; and
20 (e) 2 are persons appointed by the Governor in
Council on the nomination of the Attorney-
General of whom--
(i) one must have experience as a member
of the academic staff of a tertiary or
25 other educational institution; and
(ii) one must be a person who, in the
opinion of the Attorney-General, has
broad experience in community issues
affecting courts.
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Judicial College of Victoria Act 2001
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(2) The Board--
(a) is responsible for the management of the
affairs of the College; and
(b) may exercise the powers of the College.
5 9. Terms and conditions of office of directors
(1) An appointed director holds office--
(a) subject to section 11, for the term (not
exceeding 5 years) that is specified in his or
her instrument of appointment, and is
10 eligible for re-appointment; and
(b) on any other terms and conditions, not
inconsistent with this Act, that are specified
in his or her instrument of appointment.
(2) The Public Sector Management and
15 Employment Act 1998 does not apply to a
director in respect of the office of director.
(3) Service by a judge, master or magistrate as a
director of the College must be taken to be service
as a judge, master or magistrate, as the case
20 requires.
10. Payment of appointed directors
An appointed director is entitled to be paid the
remuneration and allowances that are specified in
his or her instrument of appointment or are fixed
25 from time to time in respect of him or her by the
Governor in Council.
11. Vacancies and removal of appointed directors from
office
(1) An appointed director's office becomes vacant--
30 (a) on the expiry of his or her term of office; or
(b) if he or she resigns from office under sub-
section (3); or
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(c) if he or she is removed from office under
sub-section (4); or
(d) if he or she is convicted of an indictable
offence or an offence that, if committed in
5 Victoria, would be an indictable offence; or
(e) if he or she, without the Attorney-General's
approval, fails to attend 3 consecutive
meetings of the Board.
(2) The office of a director, other than an appointed
10 director, becomes vacant if he or she ceases to
hold the judicial office that he or she held on
becoming a director.
(3) An appointed director may resign from office by
writing delivered to the Governor in Council.
15 (4) The Governor in Council may remove an
appointed director from office if of the opinion
that the director--
(a) is guilty of improper conduct in carrying out
the duties of his or her office; or
20 (b) is mentally or physically incapable of
carrying out satisfactorily the duties of his or
her office; or
(c) has failed to comply with any term or
condition of appointment.
25 12. Alternate directors
(1) A director, other than an appointed director, may,
with the approval of the Board, appoint another
judicial officer (from the same court or tribunal as
him or her) to be an alternate director.
30 (2) The Governor in Council may, on the nomination
of the Attorney-General, appoint another person
(qualified for appointment under section 8(1)(e))
to be an alternate director of an appointed
director.
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Act No.
(3) If a director is absent from duty or is, for any
reason, unable to attend a meeting of the Board or
perform any other duty of the office of director,
his or her alternate--
5 (a) may act in the place of the director; and
(b) while so acting, has all the powers, and may
perform all the functions and duties of the
director and is to be taken to be a director.
(4) An appointment of an alternate director is--
10 (a) subject to sub-section (6), for the period (not
exceeding 12 months) that is specified in his
or her instrument of appointment; and
(b) subject to any other terms and conditions,
not inconsistent with this Act, that are
15 specified in his or her instrument of
appointment.
(5) An alternate director is eligible for re-
appointment.
(6) The director or Governor in Council may at any
20 time revoke the appointment of an alternate
director appointed by him or her.
13. Validity of acts or decisions
An act or decision of the Board is not invalid
merely because of--
25 (a) a defect or irregularity in, or in connection
with, the appointment of a director or
alternate director; or
(b) a vacancy in the membership of the Board;
or
30 (c) the occasion for an alternate director acting
in the place of a director not having arisen or
having ceased.
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Judicial College of Victoria Act 2001
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Act No.
14. Meetings of the Board
(1) The chairperson must convene as many meetings
of the Board as he or she considers necessary for
the efficient conduct of its affairs but must ensure
5 that the Board meets at least once every 3 months.
(2) The chairperson must preside at any meeting of
the Board at which he or she is present.
(3) If the chairperson is absent, a director elected by
the directors present must preside.
10 (4) The quorum for a meeting of the Board is
4 directors, including at least one appointed
director.
(5) A question arising at a meeting of the Board is
determined by a majority of the votes of the
15 directors present and voting on the question.
(6) The person presiding has a deliberative vote and,
in the event of an equality of votes on any
question, a second or casting vote.
(7) Subject to this Act, the Board may regulate its
20 own procedure.
15. Committees
(1) The College may establish committees to assist it
in performing any of its functions.
(2) It does not matter that any or all of the members
25 of a committee are not directors.
(3) Subject to any determination made by the College,
the procedure for the calling of meetings of a
committee and for the conduct of business at those
meetings shall be determined by the committee.
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Judicial College of Victoria Act 2001
s. 16
Act No.
16. Staff
(1) A chief executive officer of the College must be
employed under Part 3 of the Public Sector
Management and Employment Act 1998.
5 (2) Subject to the College's budget, as many other
employees as are necessary to enable the College
to perform its functions may be employed under
Part 3 of the Public Sector Management and
Employment Act 1998.
10 17. Appointment of consultants
(1) The College may engage persons with suitable
qualifications and experience as consultants to the
College either in an honorary capacity or for
remuneration.
15 (2) The remuneration of consultants shall be
determined by the College having regard to its
budget.
_______________
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Judicial College of Victoria Act 2001
s. 18
Act No.
PART 4--MISCELLANEOUS
18. Control on expenditure
Money must only be spent by the College in
defraying expenses incurred by it in performing
5 its functions, including paying any remuneration,
salaries or allowances payable to appointed
directors, staff or consultants.
19. Parliamentary requirement for information
(1) The College must comply with any information
10 requirement lawfully made of it by a House of the
Parliament or a Parliamentary Committee within
the meaning of the Parliamentary Committees
Act 1968.
(2) In this section "information requirement"
15 means a requirement to give information of a
specified kind within a specified period relating
to--
(a) the performance by the College of its
functions; or
20 (b) the exercise by the College of its powers; or
(c) the College's expenditure or proposed
expenditure.
20. Regulations
The Governor in Council may make regulations
25 for or with respect to any matter or thing required
or permitted to be prescribed or necessary to be
prescribed to give effect to this Act.
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Judicial College of Victoria Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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Judicial College of Victoria Act 2001
Act No.
INDEX
Subject Section
Act
commencement 2
purpose 1
3, 8-12
Appointed directors
8, 12
Attorney-General
8
Chief Judge of the County Court
8
Chief Justice of the Supreme Court
8
Chief Magistrate
17
Consultants
3
Definitions
18, 19
Expenditure
19
Information requirements of Parliament
Judicial College of Victoria
board of directors
alternate directors 12
appointed directors 3, 8-12
chairperson 8, 14
constitution and powers 8
meetings and procedure 14
payment of appointed directors 10
terms and conditions of office 9
vacancies, resignations, removal from office 11
validity of acts or decisions 13
chief executive officer 16
committees 15
compliance with information requirements 19
consultants 17
delegation 7
establishment 4
expenditure 18, 19
functions 5, 19
limits on power to deal in property 6
powers 6, 19
staff 16
Judicial officers
as directors of Board 8, 9, 12
College's functions regarding 5
definition 3
20
Regulations
Victorian Civil and Administrative Tribunal
President 8
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