Victorian Numbered Acts Victorian Numbered ActsAfter section 87AAJ of the Constitution Act 1975 insert —
(1) The Judicial Commission of Victoria is established.
(2) The Judicial Commission—
(a) is a body corporate with perpetual succession; and
(b) must have an official seal; and
(c) may sue and be sued in its corporate name; and
(d) may acquire, hold and dispose of personal property; and
(e) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer.
(3) The official seal of the Judicial Commission must be kept as directed by the Judicial Commission and must not be used except as authorised by the Judicial Commission.
Note
The Judicial Commission is an exempt body: see section 4(1) of the Public Administration Act 2004 .
(1) The Judicial Commission has the following functions—
(a) professional standards functions, being to make guidelines regarding the standards of ethical and professional conduct and general standards of appropriate conduct expected of judicial officers and non-judicial members of VCAT;
(b) complaints handling functions, being the receipt, investigation and referral of complaints and referrals regarding judicial officers and non-judicial members of VCAT, including disclosures made under the Protected Disclosure Act 2012 ;
(c) to provide support to any investigating panel to assist the investigating panel in the performance of its functions;
(d) to disseminate information and educate the public about the functions of the Judicial Commission and investigating panels;
(e) any other function conferred on the Judicial Commission by or under this or any other Act.
(2) The Judicial Commission has all the powers necessary to perform its functions, including any power conferred on it by or under this or any other Act.
(1) The Judicial Commission is to have a governing body called a Board.
(2) The Board is responsible for—
(a) performing the functions of the Judicial Commission; and
(b) exercising the powers of the Judicial Commission.
(3) The Board consists of—
(a) the judicial members of the Board; and
(b) 4 members appointed under section 87AAO.
(1) The judicial members of the Board are—
(a) the Chief Justice; and
(b) the Chief Judge; and
(c) the Chief Magistrate; and
(d) the President of the Children's Court; and
(e) the State Coroner; and
(f) the President of VCAT.
(2) A judicial member of the Board is entitled to the allowances determined by the Governor in Council but is not entitled to remuneration.
(1) The Governor in Council may appoint a person to be a member of the Board on the recommendation of the Attorney-General.
(2) The Attorney-General may recommend a person of high standing in the community, other than a person—
(a) who is, or has been a judicial officer, non-judicial member of VCAT or member of a prescribed tribunal; or
(b) who is, or has been a judge, associate judge, master or magistrate (by whatever name called) of an Australian court (other than a Victorian court); or
(c) who is, or has been the holder of an office equivalent to the office of judicial registrar in an Australian court; or
(d) who is, or has been an Australian legal practitioner; or
(e) who is a member of the Parliament of Victoria or the Parliament of the Commonwealth or of another State or a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or
(f) who is employed under Part 3 of the Public Administration Act 2004 .
(3) An appointed member of the Board holds office—
(a) on the terms and conditions specified in the instrument of appointment; and
(b) for the period, not exceeding 5 years, specified in the instrument of appointment.
(4) An appointed member of the Board is eligible for reappointment, but must not hold office as a member of the Board for a period, or an aggregate of periods, exceeding 10 years.
(5) An appointed member of the Board is entitled to the remuneration and allowances determined by the Governor in Council.
(1) The Attorney-General may recommend to the Governor in Council that an appointed member of the Board be suspended if the Attorney-General is of the opinion that the member—
(a) is mentally or physically incapable of satisfactorily performing functions as a member of the Board; or
(b) is guilty of improper conduct in performing functions as a member of the Board; or
(c) has failed to attend 3 consecutive meetings of the Board without reasonable excuse; or
(d) has otherwise engaged in improper conduct of a nature or seriousness that is incompatible with the person continuing to hold office as a member of the Board.
(2) The Governor in Council may suspend an appointed member of the Board from office on the recommendation of the Attorney-General under subsection (1).
(3) If an appointed member of the Board is suspended from office, the Attorney-General must cause a full statement of the grounds of the suspension to be laid before each House of Parliament within 7 sitting days of that House suspension.
(4) The Governor in Council must remove the appointed member from office if each House of the Parliament within 20 sitting days of that House after the statement is laid before it passes a resolution calling for the member's removal from office.
(5) The Governor in Council must remove the suspension unless each House of the Parliament, within 20 sitting days after the statement is laid before it, passes a resolution calling for the member's removal from office.
(1) An appointed member of the Board ceases to hold office if the appointed member—
(a) is removed from office by the Governor in Council in accordance with section 87AAP(4); or
(b) is found guilty of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or
(c) becomes an insolvent under administration; or
(d) nominates for election for a House of the Parliament of Victoria or of the Parliament of the Commonwealth or of another State or of a Territory; or
(e) delivers a signed letter of resignation to the Governor; or
(f) becomes—
(i) a judicial officer, non-judicial member of VCAT or member of a prescribed tribunal; or
(ii) a judge, associate judge, master or magistrate (by whatever name called) of an Australian court; or
(iii) the holder of an office equivalent to the office of judicial registrar in an Australian court; or
(iv) an Australian legal practitioner; or
(v) employed under Part 3 of the Public Administration Act 2004 .
(2) An appointed member of the Board must not be suspended or removed from office except in accordance with this Division.
(1) The Judicial Commission may appoint an investigating panel for the purposes of investigating a complaint or referral referred to an investigating panel under section 13(3) of the Judicial Commission of Victoria Act 2016 .
(2) The Judicial Commission may appoint more than one investigating panel at any time for the purposes of the investigation of different complaints or referrals referred under section 13(3) of the Judicial Commission of Victoria Act 2016 .
(3) An investigating panel may investigate
2 or
more complaints or referrals referred under section 13(3) of the
Judicial Commission of Victoria Act 2016 if the Judicial Commission
considers it appropriate in the circumstances.
(1) An investigating panel consists of 3 members appointed by the Judicial Commission of whom—
(a) one member must be a person appointed to the pool of persons under section 87AAW; and
(b) one member must be a person who, at the time the person is appointed to the investigating panel—
(i) has been but is no longer, a judicial officer; or
(ii) has been but is no longer, a non-judicial member of VCAT or a member of a prescribed tribunal; or
(iii) is the holder of an office referred to in paragraphs (a) to (g) of section 87AAA(2) and is not engaged to perform judicial duties; or
(iv) has been but is no longer, a judge, associate judge, master or magistrate (by whatever name called) of an Australian court (other than a Victorian court); or
(v) has been but is no longer, the holder of an office equivalent to the office of judicial registrar in an Australian court (other than a Victorian court); and
(c) one member must be a person who is or has been—
(i) a judicial officer; or
(ii) a non-judicial member of VCAT or a member of a prescribed tribunal; or
(iii) a judge, associate judge, master or magistrate (by whatever name called) of an Australian court (other than a Victorian court); or
(iv) the holder of an office equivalent to the office of judicial registrar in an Australian court (other than a Victorian court).
(2) A person must not be appointed under subsection (1) if the person—
(a) is a member of the Board; or
(b) does not consent to the appointment.
(3) A person must not be appointed under subsection (1)(c) if the person is a judicial officer (other than a person who is a holder of an office referred to in paragraphs (a) to (g) of section 87AAA(2) and is not engaged to perform judicial duties) who is—
(a) of the same court as the judicial officer who is the subject of the complaint or referral that is to be investigated by the panel; or
(b) of a lower court than the judicial officer who is the subject of the complaint or referral that is being investigated by the panel.
(4) A person who is, or has been, a judicial registrar or the holder of an equivalent office in an Australian court (other than a Victorian court) may only be appointed as a member of an investigating panel if the panel is investigating a complaint or referral that relates to a judicial registrar.
(5) A person who is, or has been a non-judicial member of VCAT or a member of a prescribed tribunal may only be appointed as a member of an investigating panel if the panel is investigating a complaint or referral that relates to a non-judicial member of VCAT.
(6) A person may be appointed to more than one investigating panel at the same time.
(1) A member of an investigating panel may, or may not, be entitled to remuneration and allowances as a panel member as provided in this section.
(2) A member of an investigating panel is not entitled to remuneration for the performance of duties as a member of an investigating panel if—
(a) the member is a judicial officer (other than a person who is the holder of an office referred to in paragraphs (a) to (g) of section 87AAA(2) and is not engaged to perform judicial duties); or
(b) the member is a judge, associate judge, master or magistrate (by whatever name called) of an Australian Court (other than a Victorian court) who receives a salary in relation to that office.
(3) A member of an investigating panel other than a member specified in subsection (2) is entitled to be remunerated for the performance of duties as a member of an investigating panel as if the member were appointed as a reserve Judge under section 81 and engaged to undertake the duties of a Judge of Appeal on a sessional basis under section 81B.
Note
See section 7 of the Judicial Entitlements Act 2015 .
(4) A member of an investigating panel is entitled to the prescribed allowances (if any).
(5) The amounts payable to a person as a member of an investigating panel are to be paid out of the Consolidated Fund which is appropriated to the necessary extent.
If a person who has been a Judge or Associate Judge of the Supreme Court, a judge or associate judge of the County Court or has been the Chief Magistrate is appointed as a member of an investigating panel, the appointment does not affect any pension or other rights or privileges the person has as a former Judge or Associate Judge of the Supreme Court, judge or associate judge of the County Court or Chief Magistrate.
(1) For the purposes of making appointments under section 87AAS(1)(a) to an investigating panel there is to be a pool of persons.
(2) The pool of persons must consist of no fewer than 3 persons appointed by the Governor in Council under section 87AAW.
(1) The Governor in Council may appoint a person to be a member of the pool of persons on the recommendation of the Attorney-General.
(2) The Attorney-General may recommend a person of high standing in the community, other than a person—
(a) who is or has been a judicial officer, non-judicial member of VCAT or member of a prescribed tribunal; or
(b) who is or has been a judge, associate judge, master or magistrate (by whatever name called) of an Australian court (other than a Victorian court); or
(c) who is or has been the holder of an office equivalent to the office of judicial registrar in an Australian court; or
(d) who is or has been an Australian legal practitioner; or
(e) who is a member of the Parliament of Victoria or the Parliament of the Commonwealth or of another State or a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or
(f) who is employed under Part 3 of the Public Administration Act 2004 .
(1) A member of the pool of persons—
(a) is a member of the pool for the period, not exceeding 5 years, specified in the instrument of appointment; and
(b) may be reappointed as a member of the pool.
(2) A member of an investigating panel whose membership of the pool expires by effluxion of time, or ceases under section 87AAY(1)(a), (b), (c), (d), (e), (f), (g) or (h), before the panel makes a decision under section 34 of the Judicial Commission of Victoria Act 2016 in respect of the matter it is investigating, remains a member of the panel until the panel makes such a decision.
(1) A member of the pool of persons appointed under section 87AAW ceases to be a member if the person—
(a) becomes a judicial officer; or
(b) becomes a judge, associate judge, master or magistrate (by whatever name called) of an Australian court (other than a Victorian court); or
(c) becomes the holder of an office equivalent to the office of judicial registrar in an Australian court (other than a Victorian court); or
(d) becomes a non-judicial member of VCAT or member of a prescribed tribunal; or
(e) becomes a member of the Parliament of Victoria or of the Parliament of the Commonwealth or of another State or Territory; or
(f) becomes employed under Part 3 of the Public Administration Act 2004 ; or
(g) becomes an Australian legal practitioner; or
(h) becomes a member of the Board; or
(i) delivers a signed letter of resignation to the Governor; or
(j) is found guilty of—
(i) an indictable offence; or
(ii) an offence that, if committed in Victoria, would be an indictable offence; or
(k) becomes an insolvent under administration.
(2) The Judicial Commission may make a recommendation to the Attorney-General for the removal of a member from the pool of persons.
(3) The Governor in Council may remove a member from the pool of persons on the recommendation of the Attorney-General.
(4) The Attorney-General and the
Judicial Commission must not make a recommendation under subsection (2)
or (3)
unless the Attorney-General and the Judicial Commission (as appropriate) is
satisfied that that the member of the pool of persons—
(a) is mentally or physically incapable of satisfactorily carrying out the member's functions as a member of the pool; or
(b) has engaged in improper conduct of a nature or seriousness that is incompatible with being a member of the pool.
(1) The Governor in Council may make regulations for or with respect to the following—
(a) prescribing the allowances of persons appointed as members of an investigating panel;
(b) prescribing a tribunal of another State or Territory, or a tribunal created by the Parliament of the Commonwealth, for the purposes of Divisions 3, 4 and 5;
(c) generally prescribing any other matter or thing required or permitted by Divisions 3, 4 and 5 to be prescribed to give effect to those Divisions.".
Part 11—Amendment of other Acts
Division 1—Amendment of Court Services Victoria Act 2014