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Justice Legislation Amendment Bill
2012
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purpose of the Bill.
Clause 2 provides that certain provisions of the Bill will come into
operation on certain dates. Part 4 has a retrospective
commencement, for the reasons outlined in the notes to clause 6.
If a provision of the Bill has not come into operation before
30 June 2012, it comes into operation on that day.
PART 2--AMENDMENTS TO THE CHILDREN, YOUTH AND
FAMILIES ACT 2005
Clause 3 amends the Children, Youth and Families Act 2005 by
providing that dispute resolution convenors may be appointed
and removed by the President of the Children's Court.
This replaces the current system in which convenors may be
appointed and removed by the Governor in Council on the
recommendation of the Attorney-General.
Subclause (2) removes the requirement for the Attorney-General
to be satisfied of the good character, appropriate qualifications
and experience of the person to be appointed as a dispute
resolution convener and replaces it with an identical requirement
for the President to be satisfied of those matters. This reflects
the change from appointment by the Governor in Council to
appointment by the President of the Children's Court.
571131 1 BILL LA INTRODUCTION 28/2/2012
Subclause (3) provides that the President of the Children's Court
may remove a convenor from office at any time.
PART 3--AMENDMENTS TO THE COUNTY COURT
ACT 1958
Clause 4 makes amendments to section 28 of the County Court Act 1958.
Subclause (1) inserts a new heading for section 28 of the County
Court Act 1958.
Subclause (2)(a) removes the words "allowed in the manner next
hereinafter mentioned and none other" and substitutes the word
"prescribed".
Subclause (2)(b) removes the requirement to display a table of
fees in the courthouse. The removal of these words does not
prevent the court displaying or publicising a table of fees in the
courthouse if it wishes.
Subclause (3) replaces section 28(2) with a new provision.
Subclause (4) repeals section 28(3) of the County Court Act
1958. These matters are now dealt with in new section 79A(2) as
inserted by clause 5.
Clause 5 inserts a regulation-making power into the County Court Act
1958.
The combined effect of the amendments made by clauses 4
and clause 5 is to grant a regulation-making power with respect
to fees payable in the County Court and for other matters.
This replaces the previous method of setting fees and brings the
County Court into conformity with other jurisdictions.
A subordinate instrument made under section 28(2) of the
County Court Act 1958 prior to the commencement of the Bill
will continue to have effect following the commencement of
clauses 4 and 5 of the Bill pursuant to section 16 of the
Subordinate Legislation Act 1994.
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PART 4--AMENDMENTS TO THE LIQUOR CONTROL
REFORM ACT 1998
Clause 6 amends sections 78(2)(a) and 148ZT(1)(f) of the Liquor Control
Reform Act 1998, and clauses 17(2), 17(2)(a) and 17(3) in
Schedule 3 to that Act to enable a statute law revision to be
made. The revision is taken to have come into operation on
6 February 2012, when the Victorian Commission for
Gambling and Liquor Regulation Act 2011 established a new
integrated regulator for both liquor and gambling in Victoria.
The amendments give the new Commission all the regulatory
powers of the former Director of Liquor Licensing.
PART 5--AMENDMENTS TO THE MAGISTRATES' COURT
ACT 1989
Clause 7 amends the Magistrates' Court Act 1989.
Subclause (1) provides that when determining whether a
particular accused meets the eligibility criteria for referral to the
Assessment and Referral Court List, the Court must, so far as is
practicable, have regard to any assessment undertaken by a
person with appropriate clinical qualifications and experience in
relation to the particular impairment or principal impairment that
the accused may have. The eligibility criteria for the Assessment
and Referral Court List are set out in section 4T of the
Magistrates' Court Act 1989.
Subclause (2) gives the Chief Magistrate a discretionary power
to--
create sub-lists within the Assessment and Referral
Court List;
provide for other arrangements to deal with needs or
requirements in relation to different types of
impairment.
Subclause (2) does not limit the Chief Magistrate's power to issue
practice directions, statements or notes for the Court in relation to
the Assessment and Referral Court List.
Subclause (3) inserts an additional list of matters which must be
included in the Magistrates' Court's Annual Report.
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Clause 8 inserts additional words into section 4T(4) of the Magistrates'
Court Act 1989 to clarify that a support plan under that section
has regard to diagnostic and functional criteria.
Clause 9 amends Schedule 8 to the Magistrates' Court Act 1989 to
provide transitional provisions with respect to the amendments
made by clause 7 of the Bill.
PART 6--AMENDMENTS TO THE VICTORIAN LAW
REFORM COMMISSION ACT 2000
Clause 10 amends section 1(2) of the Victorian Law Reform Commission
Act 2000, which outlines the purpose of the Act.
The amendment is consequential to the amendment in clause 11
allowing a part-time chairperson to be appointed to the Victorian
Law Reform Commission.
Clause 11 amends the constitution of the Commission to allow a part-time
chairperson to be appointed to the Victorian Law Reform
Commission.
PART 7--REPEAL OF AMENDING ACT
Clause 12 repeals this Bill on 30 June 2013.
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