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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Justice Legislation Amendment (Miscellaneous) Bill
2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--ACCIDENT COMPENSATION ACT 1985 3
3 Giving of reasons 3
4 New Division 14 inserted into Part IX 3
390 Effect of repeal of section 134AE 3
PART 3--JUDICIAL REMUNERATION TRIBUNAL ACT 1995 5
5 Reports 5
PART 4--SUPREME COURT ACT 1986 6
6 Business may be disposed of by judicial registrars if Rules so
permit 6
7 Power to make Rules 6
PART 5--COUNTY COURT ACT 1958 8
8 Provision for pensions to County Court judges and their
partners 8
PART 6--AMENDMENT OF THE TERRORISM
(COMMUNITY PROTECTION) ACT 2003 9
9 Review 9
PART 7--REPEAL OF AMENDING ACT 10
10 Repeal of amending Act 10
ENDNOTES 11
571321B.I-9/10/2012 i BILL LA INTRODUCTION 9/10/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Justice Legislation Amendment
(Miscellaneous) Bill 2012
A Bill for an Act to repeal section 134AE of the Accident
Compensation Act 1985, to amend the Judicial Remuneration
Tribunal Act 1995 regarding reporting periods, to amend rule making
powers in the Supreme Court Act 1986, to amend the County Court
Act 1958 in relation to recognition of service for pension entitlements,
to amend the Terrorism (Community Protection) Act 2003 to
extend the date for tabling a report on the operation of that Act and for
other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to repeal section 134AE of the Accident
5 Compensation Act 1985, which requires the
court to give detailed reasons when deciding
a worker's application for leave to proceed
571321B.I-9/10/2012 1 BILL LA INTRODUCTION 9/10/2012
Justice Legislation Amendment (Miscellaneous) Bill 2012
Part 1--Preliminary
s. 2
with a common law claim for damages in
respect of serious injury;
(b) to amend the Judicial Remuneration
Tribunal Act 1995 to remove the
5 requirement that the Tribunal report to the
Attorney-General at specified intervals;
(c) to amend the Supreme Court Act 1986 to
clarify the rule making powers in relation
judicial registrars;
10 (d) to amend the County Court Act 1958 in
relation to recognition of service for pension
entitlements;
(e) to amend the Terrorism (Community
Protection) Act 2003 to extend the date for
15 tabling a report on the operation of that Act.
2 Commencement
(1) This Act, except Part 2, comes into operation on
the day after the day on which this Act receives
the Royal Assent.
20 (2) Part 2 comes into operation on 1 January 2013.
__________________
571321B.I-9/10/2012 2 BILL LA INTRODUCTION 9/10/2012
Justice Legislation Amendment (Miscellaneous) Bill 2012
Part 2--Accident Compensation Act 1985
s. 3
PART 2--ACCIDENT COMPENSATION ACT 1985
3 Giving of reasons
Section 134AE of the Accident Compensation See:
Act No.
Act 1985 is repealed. 10191.
Reprint No. 18
as at
1 July 2011
and
amending
Act Nos
80/2010,
76/2011,
18/2012,
22/2012,
27/2012 and
43/2012.
LawToday:
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5 4 New Division 14 inserted into Part IX
After Division 13 of Part IX of the Accident
Compensation Act 1985 insert--
"Division 14--Justice Legislation Amendment
(Miscellaneous) Act 2012
10 390 Effect of repeal of section 134AE
(1) If an application for leave to bring
proceedings under section 134AB(16)(b) has
been made and heard but a decision has not
been made on that application before 1
15 January 2013, on and from 1 January 2013,
the court, in deciding that application, must
give reasons as if section 134AE had not
been repealed.
(2) Despite section 14(2) of the Interpretation
20 of Legislation Act 1984, in relation to an
application for leave to bring proceedings
under section 134AB(16)(b) commenced
before 1 January 2013, other than an
application referred to in subsection (1), on
571321B.I-9/10/2012 3 BILL LA INTRODUCTION 9/10/2012
Justice Legislation Amendment (Miscellaneous) Bill 2012
Part 2--Accident Compensation Act 1985
s. 4
and from 1 January 2013, the repeal of
section 134AE takes effect for the purposes
of deciding that application.".
__________________
571321B.I-9/10/2012 4 BILL LA INTRODUCTION 9/10/2012
Justice Legislation Amendment (Miscellaneous) Bill 2012
Part 3--Judicial Remuneration Tribunal Act 1995
s. 5
PART 3--JUDICIAL REMUNERATION TRIBUNAL ACT 1995
5 Reports
For section 13(1) of the Judicial Remuneration See:
Act No.
Tribunal Act 1995 substitute-- 22/1995.
Reprint No. 1
5 "(1) In the case of a recommendation, the as at
22 June 2005
Tribunal may report to the Attorney-General and
as the Tribunal considers appropriate.". amending
Act Nos
80/2006,
24/2008 and
77/2008.
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vic.gov.au
__________________
571321B.I-9/10/2012 5 BILL LA INTRODUCTION 9/10/2012
Justice Legislation Amendment (Miscellaneous) Bill 2012
Part 4--Supreme Court Act 1986
s. 6
PART 4--SUPREME COURT ACT 1986
6 Business may be disposed of by judicial registrars if
Rules so permit
See: In section 17AA of the Supreme Court Act 1986,
Act No.
5 110/1986. for paragraphs (a) and (b) substitute--
Reprint No. 7
as at "(a) the matter falls within a particular class of
1 January
2011
matters and provision is made by the Rules
and for the Court constituted by a judicial
amending
Act Nos
registrar to hear and determine a matter of
10 50/2011 and that class; or
26/2012.
LawToday: (b) provision is made by the Rules for a Judge or
www.
legislation. an Associate Judge to refer any matter
vic.gov.au (whether or not it falls within a particular
class of matter) to a judicial registrar for
15 hearing and determination and a Judge or an
Associate Judge so refers the matter--
and the Rules provide for the delegation to
judicial registrars of all or any powers of the Court
in relation to the hearing and determination of
20 such a matter or class of matter.".
7 Power to make Rules
(1) For section 25(1)(de) of the Supreme Court Act
1986 substitute--
"(de) the prescription of classes of matters
25 (whether civil or criminal) which may be
heard and determined by the Court
constituted by a judicial registrar;
(dea) without limiting paragraph (dg), the referral
by a Judge or an Associate Judge of any
30 matter (whether civil or criminal and
whether or not it falls within a particular
class of matter) to the Court constituted by a
judicial registrar for hearing and
determination;".
571321B.I-9/10/2012 6 BILL LA INTRODUCTION 9/10/2012
Justice Legislation Amendment (Miscellaneous) Bill 2012
Part 4--Supreme Court Act 1986
s. 7
(2) In section 25(1)(df) of the Supreme Court Act
1986 for "proceedings prescribed under paragraph
(de)" substitute "matters to be heard and
determined by judicial registrars in accordance
5 with the Rules".
__________________
571321B.I-9/10/2012 7 BILL LA INTRODUCTION 9/10/2012
Justice Legislation Amendment (Miscellaneous) Bill 2012
Part 5--County Court Act 1958
s. 8
PART 5--COUNTY COURT ACT 1958
8 Provision for pensions to County Court judges and
their partners
See: After section 14(5)(ab) of the County Court Act
Act No.
5 6230/1958. 1958 insert--
Reprint No. 14
as at "(aba) if any judge under this Act was, immediately
1 August 2010
and
prior to his or her appointment, the Chief
amending Magistrate and his or her appointment as
Act Nos
34/2010,
Chief Magistrate was made on or after
10 47/2010, 6 March 2001, his or her service as the Chief
64/2010,
50/2011,
Magistrate shall count as service in the office
65/2011, of judge under this Act;".
23/2012 and
26/2012.
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__________________
571321B.I-9/10/2012 8 BILL LA INTRODUCTION 9/10/2012
Justice Legislation Amendment (Miscellaneous) Bill 2012
Part 6--Amendment of the Terrorism (Community Protection) Act 2003
s. 9
PART 6--AMENDMENT OF THE TERRORISM
(COMMUNITY PROTECTION) ACT 2003
9 Review
In section 38(1) and (2) of the Terrorism See:
Act No.
5 (Community Protection) Act 2003, for "30 June 7/2003.
2013" substitute "31 December 2013". Reprint No. 2
as at
7 May 2009
and
amending
Act Nos
46/2008,
25/2009,
68/2009,
69/2009,
33/2011 and
56/2011.
LawToday:
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legislation.
vic.gov.au.
__________________
571321B.I-9/10/2012 9 BILL LA INTRODUCTION 9/10/2012
Justice Legislation Amendment (Miscellaneous) Bill 2012
Part 7--Repeal of Amending Act
s. 10
PART 7--REPEAL OF AMENDING ACT
10 Repeal of amending Act
This Act is repealed on 1 January 2014.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
571321B.I-9/10/2012 10 BILL LA INTRODUCTION 9/10/2012
Justice Legislation Amendment (Miscellaneous) Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571321B.I-9/10/2012 11 BILL LA INTRODUCTION 9/10/2012
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