Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Judicial College of Victoria Bill
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 sets out the purpose of the Act, which is to establish the Judicial
College of Victoria (the College).
Clause 2 provides that the Act will commence on a day or days to be
proclaimed, but no later than 1 February 2002.
Clause 3 sets out the definitions of terms used in the Act.
Clause 4 provides for the establishment of the College as a body
corporate.
Clause 5 sets out the functions of the College, which are to--
· assist in the professional development of judicial
officers;
· provide continuing education and training for judicial
officers;
· produce relevant publications;
· provide (on a fee for service basis) professional
development or continuing judicial education and
training services to persons other than judicial officers
as defined in the Act; and
· liaise with persons and organisations in connection with
the performance of any of its functions.
In addition, clause 5 contains a number of matters to which the
College must have regard in performing particular functions.
This is intended to assist and guide the College in performing its
functions relating to the provision of professional development
and continuing education and training services for judicial
officers, and the production of relevant publications.
Clause 6 provides that the College has the power to do all things necessary
or convenient to be done for, or in connection with, performing
its functions.
541181 BILL LA CIRCULATION 4/5/2001
1
Clause 4 of the Bill provides that the College has the power to
acquire, hold and dispose of personal property. However,
clause 6 provides that the College must not acquire or dispose of
any personal property, right or privilege worth more than
$50 000 without the written approval of the Attorney-General.
In addition, the College cannot acquire, hold or dispose of real
property.
Clause 7 provides that the College may delegate its functions or powers to
a director of the College, a member of staff or the members of a
committee established by the College.
Clause 8 provides for the constitution of the College. The Board of the
College is responsible for the management and affairs of the
College, and may exercise the powers of the College.
The Board consists of six directors. The Chief Justice, the
President of VCAT, the Chief Judge and the Chief Magistrate, or
their nominees, are directors of the College by virtue of their
judicial office. A director's nominee for the purposes of this
clause must be a judicial officer from the same court or tribunal
as the nominating director.
The Chief Justice or his or her nominee will chair the Board.
The remaining two directors of the College, described as
"appointed directors", are nominated by the Attorney-General
and appointed by the Governor in Council. Of these two
directors, one must have an academic background to assist the
College in designing courses which are academically sound. The
other must, in the opinion of the Attorney-General, have
experience in community issues affecting courts.
Clause 9 sets out the terms and conditions of office of directors of the
College. An appointed director is appointed for a term not
exceeding five years and is eligible for re-appointment.
The terms and conditions of office of an appointed director are
set out in his or her instrument of appointment.
The clause provides that the Public Sector Management and
Employment Act 1998 does not apply to the office of director of
the College. This means that a director is not an employee of the
public service.
2
In addition, the clause provides that service by a judge, master or
magistrate as a director of the College is deemed to be service as
a judge, master or magistrate, as the case requires. This is to
ensure that a judicial officer's entitlement to a judicial pension or
superannuation benefit is not affected by membership of the
Board.
Clause 10 provides for the payment of appointed directors. An appointed
director is entitled to receive remuneration and allowances as set
out in his or her instrument of appointment. A director, other
than an appointed director, is not entitled to receive remuneration
or allowances in respect of the office of director.
Clause 11 sets out the circumstances in which an appointed director's office
becomes vacant, and the grounds on which the Governor in
Council may remove an appointed director from office.
The clause provides that an appointed director may resign from
office by writing delivered to the Governor in Council.
In addition, the clause provides that the office of a director, other
than an appointed director, becomes vacant if he or she ceases to
hold the judicial office that he or she held on becoming director.
Clause 12 provides for the appointment of an alternate in respect of each
director of the College. An alternate director may act in the place
of a director when the director is absent from duty or unable to
perform any duty of the office of director.
An alternate in respect of an appointed director may only be
appointed by the Governor in Council on the nomination of the
Attorney-General. An alternate in respect of any director other
than an appointed director may be appointed by the director, and
must be a judicial officer from the same court or tribunal as the
director.
An alternate director may be appointed for a term not exceeding
12 months and is eligible for re-appointment. The appointment
of an alternate director may be revoked by the director or
Governor in Council, as the case requires.
Clause 13 provides that certain technical defects connected to the
appointment of a director or alternate director, a vacancy in the
membership of the Board, or participation in Board proceedings
by an alternate director, will not invalidate an act or decision of
the Board.
3
Clause 14 sets out how meetings of the Board will be convened and
conducted.
The chairperson must ensure that the Board meets at least once
every three months. The chairperson must preside at a meeting
of the Board at which he or she is present. If the chairperson is
absent, the directors may elect another director to preside at the
meeting. Clause 8 provides that the Chief Justice or his or her
nominee is the chairperson of the Board.
A quorum for a meeting of the Board is four directors or their
alternates, including at least one appointed director or his or her
alternate.
A question arising at a meeting of the Board is determined by a
majority of the directors present and voting on the question.
The person presiding has a deliberative vote, and, in the event of
an equality of votes, a casting vote.
Subject to the Act, the Board may regulate its own procedure.
Clause 15 provides that the College may establish committees to assist it in
performing any of its functions. A committee may be comprised
of directors of the College or other persons.
Clause 16 provides for the employment of a chief executive officer of the
College and a sufficient number of employees to enable the
College to perform its functions. The chief executive officer and
employees must be employed under Part 3 of the Public Sector
Management and Employment Act 1998, meaning that they
will be members of the public service.
Clause 17 provides that the College may engage consultants for
remuneration, to be determined by the College having regard to
its budget, or in an honorary capacity.
Clause 18 sets a control on the expenditure of the College.
Clause 19 requires the College to provide specific information to
Parliament or a Parliamentary Committee when requested.
The information may relate to the performance by the College of
its functions, the exercise by the College of its powers or the
College's expenditure or proposed expenditure.
Clause 20 provides that the Governor in Council may make regulations to
give effect to the Act.
4
5