Victorian Current Acts Victorian Current Acts(1) In this Act—
"additional head of jurisdiction" means—
(a) the President of VCAT for a judicial officer (other than the President of VCAT) appointed or assigned to VCAT; or
(b) the President of the Children's Court for a magistrate or a reserve magistrate who has been appointed or assigned to that Court; or
(c) the State Coroner for a magistrate or a reserve magistrate who has been appointed or assigned to the Coroners Court;
"appointed member", of the Board, has the same meaning as in Part IIIAA of the Constitution Act 1975 ;
S. 3(1) def. of assessable disclosure amended by No. 2/2019 s. 93(b).
"assessable disclosure" has the same meaning as in the Public Interest Disclosures Act 2012 ;
"Australian court" means any of the following—
(a) a Victorian court;
(b) a court of another State;
(c) a court of a Territory;
(d) the High Court or another court of the Commonwealth;
"Board" has the same meaning as in Part IIIAA of the Constitution Act 1975 ;
S. 3(1) def. of coercive power amended by No. 6/2018 s. 68(Sch. 2 item 73.1).
"coercive power" means—
(a) in relation to an investigating panel—
(i) a power to require the officer concerned to undergo a medical examination under section 57; or
(ii) a power of an investigating panel to require the production of any document or thing under section 69; or
(iii) a power of an investigating panel to issue a witness summons; or
(iv) a power of a member of an investigating panel to examine a person under oath or by affirmation under section 78; or
(v) the power to apply for a search warrant under section 84; or
(b) in relation to the Judicial Commission, a power to require the officer concerned to undergo a medical examination under section 29;
"complaint" means a complaint made under section 5 or 6;
corrupt conduct has the meaning given by section 4 of the Independent Broad-based Anti-corruption Commission Act 2011 ;
"Court Services Victoria" has the same meaning as in the Court Services Victoria Act 2014 ;
"Director" means the Director of the Judicial Commission appointed by the Chief Executive Officer of Court Services Victoria under section 128;
disclosure considerations has the meaning given by section 4 ;
"head of jurisdiction", in relation to a judicial officer or non-judicial member of VCAT, means a person who is a principal head of jurisdiction or an additional head of jurisdiction for that officer;
"IBAC" means the Independent Broad-based Anti‑corruption Commission established by section 12 of the Independent Broad-based Anti-corruption Commission Act 2011 ;
"IBAC personnel" means—
(a) an IBAC Officer within the meaning of section 3 of the Independent Broad-based Anti-corruption Commission Act 2011 ; or
(b) a person who was formerly an IBAC Officer within the meaning of that Act;
"integrity body" means a person or body specified in Schedule 1;
"investigating panel" has the same meaning as in Part IIIAA of the Constitution Act 1975 ;
"Judicial Commission" has the same meaning as in Part IIIAA of the Constitution Act 1975 ;
"Judicial Commission officer" means—
(a) a member or acting member of the Board; or
(b) the Director or Acting Director of the Judicial Commission; or
(c) an employee referred to in section 36 of the Court Services Victoria Act 2014 who provides assistance to the Judicial Commission, an investigating panel or the Director; or
(d) a person engaged by the Judicial Commission under section 133 ;
"Judicial Commission report"—see section 113;
"judicial member", of the Board, has the same meaning as in Part IIIAA of the Constitution Act 1975 ;
"judicial officer" has the same meaning as in Part IIIAA of the Constitution Act 1975 ;
"law enforcement agency" means—
(a) Victoria Police; or
(b) the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 ; or
(c) the Environment Protection Authority established under section 5 of the Environment Protection Act 1970 ; or
(d) the Australian Federal Police; or
(e) the police force or police service (however described) of another State or Territory; or
(f) a person or body of another State, a Territory or the Commonwealth that has functions corresponding to any or all of the functions of a body referred to in paragraph (b) or (c); or
(g) any other prescribed person or body which has a law enforcement function;
"Law Institute" means the Law Institute of Victoria Limited ACN 075 475 731;
"medical examination" means any physical, psychological, psychiatric or other medical examination;
"medical test" includes diagnostic imaging and any test that requires the provision by a person of blood, bodily fluids or human tissue;
"member", in relation to VCAT, has the same meaning as in section 3 of the Victorian Civil and Administrative Tribunal Act 1998 ;
"nominated head of jurisdiction" means—
(a) if the officer concerned is not a head of jurisdiction, the principal head of jurisdiction for that officer and, if an additional head of jurisdiction has been nominated under section 109, that additional head of jurisdiction; or
(b) if the officer concerned is the President of VCAT, the Chief Justice; or
(c) if the officer concerned is the President of the Children's Court or the State Coroner, the Chief Judge;
"nominated person" means, if the officer concerned is the Chief Justice, the Chief Judge or the Chief Magistrate, the person who has been nominated under section 110;
"non-judicial member of VCAT" means a member of VCAT who is not a judicial officer;
"officer concerned", in relation to a complaint or referral, means the judicial officer or non‑judicial member of VCAT in respect of whom the complaint or referral is made;
"police gaol" has the same meaning as in the Corrections Act 1986 ;
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
"principal head of jurisdiction" means—
(a) the Chief Justice for a judge (other than the Chief Justice), a reserve judge, an associate judge, a reserve associate judge or a judicial registrar of the Supreme Court; or
(b) the Chief Judge for a judge (other than the Chief Judge), a reserve judge, an associate judge, a reserve associate judge or a judicial registrar of the County Court; or
(c) the Chief Magistrate for a magistrate (other than the Chief Magistrate), a reserve magistrate or a judicial registrar of the Magistrates' Court; or
(d) the President of the Children's Court for a judicial registrar of that court; or
(e) the State Coroner for—
(i) a judicial registrar of the Coroners Court; or
(ii) a coroner who is not a judge of the County Court, a magistrate or a reserve magistrate; or
(f) the President of VCAT for a non-judicial member of VCAT;
"prison" means—
(a) a prison within the meaning of section 3(1) of the Corrections Act 1986 ; or
(b) a youth justice facility within the meaning of section 482A of the Children, Youth and Families Act 2005 ;
"privilege" means—
(a) any privilege that a person is entitled to claim in any proceedings before a court or tribunal, other than—
(i) the privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008 ; or
(ii) the privilege against self‑incrimination; or
(b) public interest immunity;
S. 3(1) def. of protected disclosure complaint repealed by No. 2/2019 s. 93(c).
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S. 3(1) def. of public interest complaint inserted by No. 2/2019 s. 93(a).
"public interest complaint" means a disclosure that the IBAC has determined under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint;
"referral "means—
(a) a referral by a head of jurisdiction under section 7; or
(b) a referral by the Attorney-General under section 8;
"registered medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than a student);
S. 3(1) def. of relevant council of judges amended by Nos 16/2016 s. 214, 1/2022 s. 98.
"relevant council of judges "means—
(a) in relation to a judicial officer of the Supreme Court, the Council of the Judges within the meaning of section 28 of the Supreme Court Act 1986 ; or
(b) in relation to a judicial officer of the County Court (other than the Chief Judge if the Chief Judge is a dual commission holder), the Council of the Judges within the meaning of section 87 of the County Court Act 1958 ; or
(c) in relation to the Chief Magistrate (unless the Chief Magistrate is a dual commission holder), the Council of the magistrates within the meaning of section 15 of the Magistrates' Court Act 1989 ; or
(d) in relation to the Chief Judge who is a dual commission holder, the Council of Judges within the meaning of section 28 of the Supreme Court Act 1986 ; or
(e) in relation to the Chief Magistrate who is a dual commission holder, the Council of the Judges within the meaning of section 28 of the Supreme Court Act 1986 ;
"staff of the Judicial Commission" means—
(a) employees referred to in section 36 of the Court Services Victoria Act 2014 who provide assistance to the Judicial Commission, an investigating panel or the Director; and
(b) persons engaged by the Judicial Commission under section 133 ;
"vexatious complainant" means a person in respect of whom a declaration under section 140 is in force;
"Victoria Police" has the same meaning as in the Victoria Police Act 2013 ;
"Victorian Bar "means Victorian Bar Inc, an association incorporated under the Associations Incorporation Reform Act 2012 ;
"Victorian court "means any of the following—
(a) the Supreme Court;
(b) the County Court;
(c) the Magistrates' Court;
(d) the Children's Court;
(e) the Coroners Court;
"Victorian Inspectorate" has the same meaning as in the Victorian Inspectorate Act 2011 ;
"witness summons" means a summons issued under section 70.
(2) In this Act—
(a) a reference to a function includes a reference to a power and a duty; and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty; and
(c) a reference to the functions of a judicial officer or non-judicial member of VCAT includes a reference to any functions of an office to which the person is appointed or assigned or which the person holds including the following—
(i) in the case of an appointment as head of jurisdiction, the functions as head of jurisdiction;
(ii) in the case of an appointment or assignment of a judicial officer to another court or tribunal, any functions as a member of that court or tribunal.