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PARLIAMENT OF VICTORIA
Courts Legislation (Judicial Appointments and
Other Amendments) Act 2004
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
PART 2--ACTING JUDICIAL APPOINTMENTS 3
Division 1--Acting Judges of the Supreme Court 3
3. Repeal of sections 80A and 81 of the Constitution Act 1975 3
4. New sections 80D and 80E inserted in the Constitution Act
1975 3
80D. Appointment of acting Judges 3
80E. Transitional provision--reserve Judges 7
5. Pensions 8
Division 2--Acting Judges of the County Court 8
6. New section 11 inserted in the County Court Act 1958 8
11. Appointment of acting judges 8
7. Repeal of sections 13A, 16 and 16A of the County Court Act
1958 12
8. Pensions 12
9. New section 90 inserted in the County Court Act 1958 13
90. Transitional provision--reserve judges 13
Division 3--Acting Magistrates 14
10. Appointment of magistrates 14
11. Section 9 of the Magistrates' Court Act 1989 substituted 14
9. Appointment of acting magistrates 14
12. Clause 11 in Schedule 1 to the Magistrates' Court Act 1989
substituted 16
13. Transitional provisions 18
i
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Clause Page
PART 3--SERVICE AS MASTER COUNTED FOR PENSION
PURPOSES 19
14. Certain prior service to be counted for pension purposes for
Judges of the Supreme Court 19
15. Certain prior service to be counted for pension purposes for
judges of the County Court 19
PART 4--NON-CONSENSUAL MEDIATION AND COURT
SECURITY 21
Division 1--Non-consensual Mediation under the Magistrates'
Court Act 1989 21
16. Power to refer proceedings to mediation 21
Division 2--Court Security Act 1980 21
17. Definitions 21
18. Powers of authorized officers 22
PART 5--CONSEQUENTIAL AMENDMENTS 24
Division 1--Amendment of Judicial Remuneration Tribunal
Act 1995 24
19. Functions of the Tribunal 24
20. Advisory opinions 24
21. Attorney-General's certificate 24
Division 2--Amendment of Judicial Salaries Act 2004 24
22. Salaries of judicial officers and remuneration of acting
magistrates (2004-2005) 24
23. Salaries of other judicial officers and remuneration of acting
magistrates (2005 onwards) 25
24. Allowances of judicial officers 26
25. New section 7A inserted 26
7A. Transitional--remuneration of acting magistrates
before 1 May 2005 26
PART 6--AMENDMENT OF MAGISTRATES' COURT
ACT 1989 28
26. Directions in, and authority of, penalty enforcement warrant 28
27. Enforcement orders 28
28. Other powers of the Court 28
ENDNOTES 29
ii
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
PARLIAMENT OF VICTORIA
Initiated in Assembly 14 October 2004
As amended by Assembly 24 February 2005
A BILL
to amend the Constitution Act 1975, the County Court Act 1958,
the Magistrates' Court Act 1989, the Court Security Act 1980, the
Judicial Remuneration Tribunal Act 1995 and the Judicial Salaries
Act 2004 to provide for acting judicial appointments and for other
purposes.
Courts Legislation (Judicial
Appointments and Other Amendments)
Act 2004
The Parliament of Victoria enacts as follows:
1
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to provide for acting judicial appointments to
the Supreme Court, the County Court and the
5
Magistrates' Court;
(b) to enable service as a master to be counted in
relation to pension entitlements for Supreme
Court and County Court judges;
(c) to enable the Magistrates' Court to refer civil
10
proceedings to mediation without the consent
of the parties;
(d) to strengthen powers under the Court
Security Act 1980 in relation to the search
for, and seizure of, certain items and the
15
removal of persons from court premises in
certain circumstances;
(e) to change certain references to $100 in the
Magistrates' Court Act 1989 to a penalty
unit within the meaning of the Sentencing
20
Act 1991.
2. Commencement
(1) This Act, except Parts 2 and 5, comes into
operation on the day after the day on which it
receives the Royal Assent.
25
(2) Parts 2 and 5 come into operation on 1 May 2005.
__________________
2
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 3
PART 2--ACTING JUDICIAL APPOINTMENTS
Division 1--Acting Judges of the Supreme Court
See:
3. Repeal of sections 80A and 81 of the Constitution Act No.
Act 1975 8750.
Reprint No. 16
Sections 80A and 81 of the Constitution Act
5 as at
8 April 2003
1975 are repealed. and
amending
4. New sections 80D and 80E inserted in the Act Nos
Constitution Act 1975 2/2003,
37/2003,
After section 80C of the Constitution Act 1975 39/2003,
66/2003,
insert--
10 110/2003,
38/2004 and
'80D. Appointment of acting Judges 39/2004.
LawToday:
(1) The Governor in Council may appoint as www.dms.
dpc.vic.
many acting Judges of the Court as are gov.au
necessary for transacting the business of the
Court.
15
(2) A person is not eligible for appointment as
an acting Judge unless he or she--
(a) has not attained the age of 75 years and
is or has been a judge or magistrate
of--
20
(i) the High Court of Australia or of a
court created by the Parliament of
the Commonwealth; or
(ii) a court of Victoria or of another
State or of the Northern Territory
25
or the Australian Capital
Territory; or
3
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 4
(b) has not attained the age of 70 years and
has been admitted to legal practice in
Victoria, another State, the Northern
Territory or the Australian Capital
Territory, or has been enrolled as a
5
legal practitioner of the High Court of
Australia, for not less than 5 years.
(3) The instrument of appointment of a person as
an acting Judge must specify the terms and
conditions of appointment.
10
(4) The Attorney-General may from time to
time, by notice in writing, require an acting
Judge to undertake the duties of a Judge on a
full time or sessional basis.
(5) The Attorney-General does not have the
15
power to revoke or amend a notice given
under sub-section (4).
(6) An acting Judge of the Court--
(a) has the same powers and jurisdiction as
a Judge of the Court;
20
(b) is eligible for re-appointment as an
acting Judge of the Court;
(c) ceases to hold office--
(i) at the end of 5 years from the date
of his or her appointment; or
25
(ii) on attaining the age of 70 years or,
in the case of an acting Judge of
the Court covered by sub-section
(2)(a), 75 years--
whichever is the sooner;
30
(d) may only be removed from office in the
same way and on the same grounds as a
Judge of the Court is liable to be
removed from office.
4
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 4
(7) Subject to sub-section (8), each acting Judge
of the Court, required to undertake the duties
of a Judge on a full time basis, shall be paid
a salary at a rate no less than the rate for the
time being applicable under the Judicial
5
Salaries Act 2004 to the holder of that office
on other than an acting basis.
(8) If an acting Judge of the Court, who is
required to undertake the duties of a Judge
on a full time basis, is entitled to--
10
(a) a non-contributory pension under a
relevant Act within the meaning of
section 16A of the State
Superannuation Act 1988; or
(b) because he or she has held a public
15
office in another jurisdiction, a non-
contributory pension under any other
law--
the amount of pension to which the acting
Judge is entitled shall be deducted from the
20
salary payable to that acting Judge under
sub-section (7).
(9) Subject to sub-section (10), each acting
Judge of the Court, required to undertake the
duties of a judge on a sessional basis, shall
25
be paid the sessional rate for the time being
applicable under the Judicial Salaries Act
2004 to the holder of that office.
(10) An acting Judge of the Court who is required
to undertake the duties of a Judge on a
30
sessional basis and is entitled to--
(a) a non-contributory pension under a
relevant Act within the meaning of
section 16A of the State
Superannuation Act 1988; or
35
5
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 4
(b) because he or she has held a public
office in another jurisdiction, a non-
contributory pension under any other
law--
shall be paid a salary calculated in
5
accordance with the following formula--
P
S-
235
where--
"S" means the sessional rate for the time
being applicable under the Judicial
10
Salaries Act 2004 to the acting Judge
of the Court;
"P" means the annual pension to which the
acting Judge is entitled that is referred
to in paragraph (a) or (b).
15
(11) Each acting Judge of the Court shall be paid
allowances at such rate or amount or of such
kind as are for the time being applicable
under the Judicial Salaries Act 2004.
(12) Except as provided by section 83(6)(aa),
20
service as an acting Judge of the Court does
not count as service in the office of Judge of
the Court for the purposes of section 83.
(13) Except with the approval of the Attorney-
General, an acting Judge of the Court must
25
not engage in legal practice, undertake paid
employment or conduct a business, trade or
profession of any kind while undertaking the
duties of a Judge.
6
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 4
(14) The following are to be paid out of the
Consolidated Fund, which is appropriated to
the necessary extent--
(a) the amounts payable under this section
to acting Judges of the Court; and
5
(b) premiums and other amounts payable
under the Accident Compensation
(WorkCover Insurance) Act 1993 in
respect of those acting Judges; and
(c) pay-roll tax payable under the Pay-roll
10
Tax Act 1971 in respect of wages paid
or payable to those acting Judges; and
(d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
15
those acting Judges.
80E. Transitional provision--reserve Judges
The repeal of section 80A by section 3 of the
Courts Legislation (Judicial
Appointments and Other Amendments)
20
Act 2004 does not affect an election or
appointment made under section 80A before
the commencement of section 3 of that Act
and a Judge who has made such an election
or been so appointed and who holds the
25
office of Judge immediately before that
commencement continues in that office
subject to section 80A as if section 80A had
not been repealed.'.
7
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 5
5. Pensions
Before section 83(6)(a) of the Constitution Act
1975 insert--
"(aa) if any Judge or Master of the Court was
immediately prior to his or her
5
appointment--
(i) an acting Judge of the Court; or
(ii) an acting judge of the County Court--
his or her service as acting Judge shall count
as service in the office of Judge or Master of
10
the Court (as the case may be);".
Division 2--Acting Judges of the County Court
See: 6. New section 11 inserted in the County Court Act
Act No.
1958
6230.
Reprint No. 11
After section 10 of the County Court Act 1958
15 as at
1 July 2004
insert--
and
amending Act
'11. Appointment of acting judges
No. 107/1986.
LawToday:
(1) The Governor in Council may appoint as
www.dms.
many acting judges of the court as are
dpc.vic.
gov.au
necessary for transacting the business of the
20
court.
(2) A person is not eligible for appointment as
an acting judge unless he or she--
(a) has not attained the age of 75 years and
is or has been a judge or magistrate
25
of--
(i) the High Court of Australia or of a
court created by the Parliament of
the Commonwealth; or
8
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 6
(ii) a court of Victoria or of another
State or of the Northern Territory
or the Australian Capital
Territory; or
(b) has not attained the age of 70 years and
5
has been admitted to legal practice in
Victoria, another State, the Northern
Territory or the Australian Capital
Territory, or has been enrolled as a
legal practitioner of the High Court of
10
Australia, for not less than 5 years.
(3) The instrument of appointment of a person as
an acting judge must specify the terms and
conditions of appointment.
(4) The Attorney-General may from time to
15
time, by notice in writing, require an acting
judge to undertake the duties of a judge on a
full time or sessional basis.
(5) The Attorney-General does not have the
power to revoke or amend a notice given
20
under sub-section (4).
(6) An acting judge of the court--
(a) has the same powers and jurisdiction as
a judge of the court;
(b) is eligible for re-appointment as an
25
acting judge of the court;
(c) ceases to hold office--
(i) at the end of 5 years from the date
of his or her appointment; or
(ii) on attaining the age of 70 years or,
30
in the case of an acting judge of
the court covered by sub-section
(2)(a), 75 years--
whichever is the sooner;
9
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 6
(d) may only be removed from office in the
same way and on the same grounds as a
judge of the court is liable to be
removed from office.
(7) Subject to sub-section (8), each acting judge
5
of the court, required to undertake the duties
of a judge on a full time basis, shall be paid a
salary at a rate no less than the rate for the
time being applicable under the Judicial
Salaries Act 2004 to the holder of that office
10
on other than an acting basis.
(8) If an acting judge of the court, who is
required to undertake the duties of a judge on
a full time basis, is entitled to--
(a) a non-contributory pension under a
15
relevant Act within the meaning of
section 16A of the State
Superannuation Act 1988; or
(b) because he or she has held a public
office in another jurisdiction, a non-
20
contributory pension under any other
law--
the amount of pension to which the acting
judge is entitled shall be deducted from the
salary payable to that acting judge under sub-
25
section (7).
(9) Subject to sub-section (10), each acting
judge of the court, required to undertake the
duties of a judge on a sessional basis, shall
be paid the sessional rate for the time being
30
applicable under the Judicial Salaries Act
2004 to the holder of that office.
10
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 6
(10) An acting judge of the court who is required
to undertake the duties of a judge on a
sessional basis and is entitled to--
(a) a non-contributory pension under a
relevant Act within the meaning of
5
section 16A of the State
Superannuation Act 1988; or
(b) because he or she has held a public
office in another jurisdiction, a non-
contributory pension under any other
10
law--
shall be paid a salary calculated in
accordance with the following formula--
P
S-
235
where--
15
"S" means the sessional rate for the time
being applicable under the Judicial
Salaries Act 2004 to the acting judge
of the court;
"P" means the annual pension to which the
20
acting judge is entitled that is referred
to in paragraph (a) or (b).
(11) Each acting judge shall be paid allowances at
such rate or amount or of such kind as are for
the time being applicable under the Judicial
25
Salaries Act 2004.
(12) Except as provided by section 14(5)(aa),
service as an acting judge of the court does
not count as service in the office of judge of
the court for the purposes of section 14.
30
11
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 7
(13) Except with the approval of the Attorney-
General, an acting judge of the court must
not engage in legal practice, undertake paid
employment or conduct a business, trade or
profession of any kind while undertaking the
5
duties of a judge.
(14) The following are to be paid out of the
Consolidated Fund, which is appropriated to
the necessary extent--
(a) the amounts payable under this section
10
to acting judges of the court; and
(b) premiums and other amounts payable
under the Accident Compensation
(WorkCover Insurance) Act 1993 in
respect of those acting judges; and
15
(c) pay-roll tax payable under the Pay-roll
Tax Act 1971 in respect of wages paid
or payable to those acting judges; and
(d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
20
respect of fringe benefits provided to
those acting judges.'.
7. Repeal of sections 13A, 16 and 16A of the County
Court Act 1958
Sections 13A, 16 and 16A of the County Court
25
Act 1958 are repealed.
8. Pensions
Before section 14(5)(a) of the County Court Act
1958 insert--
"(aa) if any judge or master under this Act was
30
immediately prior to his or her
appointment--
(i) an acting judge of the court; or
12
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 9
(ii) an acting Judge of the Supreme
Court--
his or her service as acting judge shall count
as service in the office of judge or master of
the court (as the case may be);".
5
9. New section 90 inserted in the County Court Act
1958
After section 89 of the County Court Act 1958
insert--
"90. Transitional provision--reserve judges
10
The repeal of sections 13A, 16 and 16A by
section 7 of the Courts Legislation
(Judicial Appointments and Other
Amendments) Act 2004 does not affect an
election or appointment made under section
15
13A, 16 or 16A before the commencement
of section 7 of that Act and a judge who has
made such an election or been so appointed
and who holds the office of judge
immediately before that commencement
20
continues in that office subject to section
13A, 16 or 16A (as the case may be) as if
that section had not been repealed.".
13
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 10
Division 3--Acting Magistrates
10. Appointment of magistrates
See: (1) After section 7(7) of the Magistrates' Court Act
Act No.
1989 insert--
51/1989.
Reprint No. 10
"(7A) For the purposes of sub-section (7), if any
5 as at
13 October
magistrate, other than a Chief Magistrate
2004
appointed on or after 7 May 1996, was
and
amending
immediately prior to his or her appointment
Act Nos
an acting magistrate, during that appointment
27/2002,
80/2003 and
he or she is an officer within the meaning of
10 94/2003.
the State Superannuation Act 1988.".
LawToday:
www.dms.
(2) After section 7(9) of the Magistrates' Court Act
dpc.vic.
gov.au
1989 insert--
"(10) Subject to sub-section (7A), this section does
not apply to an acting magistrate.".
15
11. Section 9 of the Magistrates' Court Act 1989
substituted
For section 9 of the Magistrates' Court Act 1989
substitute--
"9. Appointment of acting magistrates
20
(1) The Governor in Council may appoint as
many acting magistrates as are necessary for
transacting the business of the Court.
(2) A person is not eligible for appointment as
an acting magistrate unless he or she--
25
(a) has not attained the age of 75 years and
is or has been a judge or magistrate
of--
(i) the High Court of Australia or of a
court created by the Parliament of
30
the Commonwealth; or
14
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 11
(ii) a court of Victoria or of another
State or of the Northern Territory
or the Australian Capital
Territory; or
(b) has not attained the age of 70 years and
5
has been admitted to legal practice in
Victoria, another State, the Northern
Territory or the Australian Capital
Territory, or has been enrolled as a
legal practitioner of the High Court of
10
Australia, for not less than 5 years.
(3) The instrument of appointment of a person as
an acting magistrate must specify the terms
and conditions of appointment.
(4) The Attorney-General may from time to
15
time, by notice in writing, require an acting
magistrate to undertake the duties of a
magistrate on a full time or sessional basis.
(5) The Attorney-General does not have the
power to revoke or amend a notice given
20
under sub-section (4).
(6) An acting magistrate--
(a) has the same powers and jurisdiction as
a magistrate;
(b) is eligible for re-appointment as an
25
acting magistrate;
(c) ceases to hold office--
(i) at the end of 5 years from the date
of his or her appointment; or
(ii) on attaining the age of 70 years or,
30
in the case of an acting magistrate
covered by sub-section (2)(a),
75 years--
whichever is the sooner;
15
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 12
(d) may only be removed from office in the
same way and on the same grounds as a
magistrate is liable to be removed from
office.
(7) Except as provided by section 7(7A), service
5
as an acting magistrate does not count as
service in the office of magistrate for the
purposes of section 7(7).
(8) Except with the approval of the Attorney-
General, an acting magistrate must not
10
engage in legal practice, undertake paid
employment or conduct a business, trade or
profession of any kind while undertaking the
duties of a magistrate.".
12. Clause 11 in Schedule 1 to the Magistrates' Court
15
Act 1989 substituted
For clause 11 in Part 2 of Schedule 1 to the
Magistrates' Court Act 1989 substitute--
'11. Subject to clause 11A and clause 11B, an acting
20 magistrate, while undertaking the duties of a
magistrate, is entitled to be paid remuneration--
(a) at the annual rate for the time being applicable
under the Judicial Salaries Act 2004 to the
holder of that office on other than an acting
25 basis, if the acting magistrate is required to
undertake the duties of a magistrate on a full
time basis; or
(b) at the rate per sitting day for the time being
applicable under the Judicial Salaries Act
30 2004 to the holder of that office, if the acting
magistrate is required to undertake the duties of
a magistrate on a sessional basis.
16
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 12
11A. If an acting magistrate, who is required to undertake
the duties of a magistrate on a full time basis, is
entitled to--
(a) a non-contributory pension under a relevant Act
5 within the meaning of section 16A of the State
Superannuation Act 1988; or
(b) because he or she has held a public office in
another jurisdiction, a non-contributory pension
under any other law--
10 the amount of pension to which the acting magistrate
is entitled shall be deducted from the remuneration
payable to that acting magistrate under clause 11(a).
11B. An acting magistrate who is required to undertake the
duties of a magistrate on a sessional basis and is
15 entitled to--
(a) a non-contributory pension under a relevant Act
within the meaning of section 16A of the State
Superannuation Act 1988; or
(b) because he or she has held a public office in
20 another jurisdiction, a non-contributory pension
under any other law--
shall receive remuneration calculated in accordance
with the following formula--
P
S-
235
25 where--
"S" means the rate per sitting day for the time being
applicable under the Judicial Salaries Act
2004 to the acting magistrate;
"P" means the annual pension to which the acting
30 magistrate is entitled that is referred to in
paragraph (a) or (b).
11C. Each acting magistrate shall be paid allowances at
such rate or amount or of such kind as are for the time
being applicable under the Judicial Salaries Act
35 2004.'.
17
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 2--Acting Judicial Appointments
s. 13
13. Transitional provisions
At the end of Schedule 8 to the Magistrates'
Court Act 1989 insert--
"32. The substitution of section 9 of this Act made by
5 section 11 of the Courts Legislation (Judicial
Appointments and Other Amendments) Act 2004
does not affect an appointment made under section 9
as in force immediately before the commencement of
section 11 of that Act and a magistrate who has been
10 so appointed and who holds the office of acting
magistrate immediately before that commencement
continues in that office subject to section 9 as if
section 9 had not been substituted.
33. The substitution of clause 11 in Part 2 of Schedule 1
15 to this Act made by section 12 of the Courts
Legislation (Judicial Appointments and Other
Amendments) Act 2004 does not affect the
remuneration of an acting magistrate applicable
immediately before the commencement of section 12
20 of that Act and an acting magistrate who receives
remuneration under clause 11 immediately before that
commencement continues to receive remuneration
during the period of his or her appointment as if
clause 11 had not been substituted.".
__________________
18
551230B.A1-25/2/2005 BILL LA AS SENT 25/2/2005
Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 3--Service as Master Counted for Pension Purposes
s. 14
PART 3--SERVICE AS MASTER COUNTED FOR PENSION
PURPOSES
14. Certain prior service to be counted for pension
purposes for Judges of the Supreme Court
(1) In section 83(4)(ia) of the Constitution Act 1975,
5
for "sub-section (6)(ba)" substitute "sub-section
(6)(ac) or (6)(ba)".
(2) After section 83(6)(ab) of the Constitution Act
1975 insert--
"(ac) if any Judge of the Court was immediately
10
prior to his or her appointment--
(i) a Master of the Court; or
(ii) a master of the County Court or of a
court of another State, the Northern
Territory or the Australian Capital
15
Territory, other than a Magistrates'
Court or equivalent court--
his or her service as such shall count as
service in the office of Judge of the Court;".
15. Certain prior service to be counted for pension
20
purposes for judges of the County Court
(1) In section 14(3A)(ab) of the County Court Act
1958, after "sub-section (5)(ac)" insert
"or (5)(ad)".
(2) After section 14(5)(ac) of the County Court Act
25
1958 insert--
"(ad) if any judge under this Act was immediately
prior to his or her appointment--
(i) a master of the court; or
(ii) a Master of the Supreme Court or a
30
master of a court of another State, the
Northern Territory or the Australian
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 3--Service as Master Counted for Pension Purposes
s. 15
Capital Territory, other than the
Magistrates' Court or equivalent
court--
his or her service as such shall count as
service in the office of judge under this
5
Act;".
__________________
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 4--Non-consensual Mediation and Court Security
s. 16
PART 4--NON-CONSENSUAL MEDIATION AND COURT
SECURITY
Division 1--Non-consensual Mediation under the
Magistrates' Court Act 1989
16. Power to refer proceedings to mediation
5
In section 108(1) of the Magistrates' Court Act
1989, for "With the consent of the parties and
subject to and in accordance with the Rules, the
Court may" substitute "Subject to and in
accordance with the Rules, the Court may, with or
10
without the consent of the parties,".
See:
Division 2--Court Security Act 1980 Act No.
9499.
17. Definitions Reprint No. 2
as at
(1) In section 2 of the Court Security Act 1980, after 23 October
1997
the definition of "offensive weapon" insert--
15 and
amending
' "prohibited item" means-- Act No.
10/2004.
(a) a firearm; or LawToday:
www.dms.
(b) an explosive substance; or dpc.vic.
gov.au
(c) an offensive weapon; or
(d) an item that is likely to affect adversely
20
the security, good order or management
of the court premises;'.
(2) At the end of section 2 of the Court Security Act
1980 insert--
'(2) A reference in this Act to "the security,
25
good order or management of the court
premises" includes--
(a) the safety of all persons who work at or
attend the court premises;
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 4--Non-consensual Mediation and Court Security
s. 18
(b) the safety and welfare of all persons in
custody at the court premises;
(c) the good order or management of legal
proceedings or other business
conducted at the court premises.'.
5
18. Powers of authorized officers
(1) For section 3(3) of the Court Security Act 1980
substitute--
"(3) Subject to any limitations or restrictions
provided by the rules, an authorized officer
10
may require a person who wishes to enter the
court premises, or is on the court premises--
(a) to submit to a frisk search or a search of
any thing in the person's possession;
(b) to submit to a scanning search of his or
15
her person or of any thing in the
person's possession;
(c) to surrender to the authorized officer
any item that the authorized officer
believes on reasonable grounds is a
20
prohibited item.".
(2) For sections 3(6), 3(7), 3(8) and 3(9) of the Court
Security Act 1980 substitute--
"(6) An authorized officer, who during a search
finds a prohibited item or to whom a
25
prohibited item is surrendered, may seize and
retain that prohibited item in accordance
with this section.
(7) A prohibited item (other than a firearm, an
explosive substance or an offensive weapon)
30
that is surrendered by a person in compliance
with a requirement under sub-section (3)(c)
must be retained by the authorized officer
until--
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 4--Non-consensual Mediation and Court Security
s. 18
(a) the person requests the item's return; or
(b) the expiration of 28 days after the item
was surrendered--
whichever happens first.
(8) Despite anything to the contrary in this
5
section, if--
(a) a surrendered or seized prohibited item
is a firearm, an explosive substance or
an offensive weapon whose possession
would constitute an offence under the
10
Crimes Act 1958, the Control of
Weapons Act 1990 or this Act, the
chief executive officer or a clerk of the
court must ensure that the item is given
to a member of the police force within
15
24 hours after the item is surrendered or
seized;
(b) a surrendered or seized prohibited
item is not an item referred to in
paragraph (a) and is not collected
20
within 28 days after it was surrendered
or seized, the chief executive officer or
a clerk of the court may destroy the
item or sell the item and retain the
proceeds of the item's sale.
25
(9) An authorized officer may refuse a person
entry to the court premises or remove a
person from the court premises if the
authorized person believes on reasonable
grounds that the person is likely to affect
30
adversely the security, good order or
management of the court premises.
(10) A person must not refuse to comply with a
requirement under sub-section (3).
Penalty: 10 penalty units.".
35
__________________
23
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 5--Consequential Amendments
s. 19
PART 5--CONSEQUENTIAL AMENDMENTS
See: Division 1--Amendment of Judicial Remuneration Tribunal
Act No.
Act 1995
22/1995
and
amending
19. Functions of the Tribunal
Acts Nos
46/1998,
In section 11(1)(c) of the Judicial Remuneration
5 1/2000, 4/2002,
Tribunal Act 1995, for "office" substitute
31/2004 and
38/2004.
"office, acting judges".
LawToday:
www.dms.
20. Advisory opinions
dpc.vic.
gov.au
After section 11A(2) of the Judicial
Remuneration Tribunal Act 1995 insert--
10
"(3) The Attorney-General may refer any matter
relating to the remuneration or conditions of
service of acting judges to the Tribunal for
an advisory opinion.".
21. Attorney-General's certificate
15
(1) In section 15(1)(a) of the Judicial Remuneration
Tribunal Act 1995, for "office" substitute
"office, acting judges".
(2) In section 15(1)(b) of the Judicial Remuneration
Tribunal Act 1995, after "office" insert "or
20
acting judges".
See: Division 2--Amendment of Judicial Salaries Act 2004
Act No.
38/2004.
22. Salaries of judicial officers and remuneration of
LawToday:
www.dms.
acting magistrates (2004-2005)
dpc.vic.
gov.au
(1) In section 4(2)(b) of the Judicial Salaries Act
25
2004, for "2004" substitute "2004; and".
(2) After section 4(2)(b) of the Judicial Salaries Act
2004 insert--
"(c) at the rate of $710 per sitting day with effect
on and from 1 May 2005.".
30
24
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 5--Consequential Amendments
s. 23
(3) After section 4(2) of the Judicial Salaries Act
2004 insert--
"(3) An acting Judge of the Supreme Court,
required to undertake the duties of a Judge
on a sessional basis, is entitled to be paid
5
remuneration at the rate of $1025 per sitting
day.
(4) An acting judge of the County Court,
required to undertake the duties of a judge on
a sessional basis, is entitled to be paid
10
remuneration at the rate of $888 per sitting
day.".
23. Salaries of other judicial officers and remuneration
of acting magistrates (2005 onwards)
(1) After section 6(2) of the Judicial Salaries Act
15
2004 insert--
"(2A) With effect on and from 1 July 2005 an
acting Judge of the Supreme Court, required
to undertake the duties of a Judge on a
sessional basis, is entitled to be paid from
20
time to time remuneration at the rate per
sitting day that bears, in relation to the
annual salary of a Supreme Court Judge, the
same proportion as the sitting day rate of an
acting Judge of the Supreme Court bore to
25
the annual salary of a Supreme Court Judge
in the period commencing on 1 May 2005
and ending on 30 June 2005.
(2B) With effect on and from 1 July 2005 an
acting judge of the County Court, required to
30
undertake the duties of a judge on a sessional
basis, is entitled to be paid from time to time
remuneration at the rate per sitting day that
bears, in relation to the annual salary of a
judge of the County Court (other than the
35
Chief Judge), the same proportion as the
25
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 5--Consequential Amendments
s. 24
sitting day rate of an acting judge of the
County Court bore to the annual salary of
such a judge in the period commencing on
1 May 2005 and ending on 30 June 2005.".
(2) In section 6(3) of the Judicial Salaries Act 2004
5
for "financial year 2004/2005" substitute "period
commencing on 1 May 2005 and ending on
30 June 2005".
24. Allowances of judicial officers
At the end of section 7 of the Judicial Salaries
10
Act 2004 insert--
"(2) In this section, a reference to the holder of a
judicial office specified in column 1 of the
Table in section 4(1) includes a reference to
a person who holds a judicial office as--
15
(a) an acting Judge of the Supreme Court;
or
(b) an acting judge of the County Court; or
(c) an acting magistrate.".
25. New section 7A inserted
20
After section 7 of the Judicial Salaries Act 2004
insert--
"7A. Transitional--remuneration of acting
magistrates before 1 May 2005
The amendment of section 4(2) by
25
section 22(2) of the Courts Legislation
(Judicial Appointments and Other
Amendments) Act 2004 does not affect the
remuneration of an acting magistrate
applicable immediately before the
30
commencement of section 22 of that Act and
an acting magistrate who receives
remuneration under section 4(2) immediately
before that commencement continues to
26
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 5--Consequential Amendments
s. 25
receive remuneration during the period of his
or her appointment as if section 4(2) had not
been amended.".
__________________
27
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Part 6--Amendment of Magistrates' Court Act 1989
s. 26
PART 6--AMENDMENT OF MAGISTRATES' COURT ACT
1989
26. Directions in, and authority of, penalty enforcement
warrant
In section 82D(1)(c)(iii)(A) of the Magistrates'
5
Court Act 1989, for "each $100 or part of $100"
substitute "each penalty unit or part of a penalty
unit".
27. Enforcement orders
In clause 5(1)(a) in Schedule 7 to the
10
Magistrates' Court Act 1989, for "each $100 or
part of $100" substitute "each penalty unit or part
of a penalty unit".
28. Other powers of the Court
In clause 24(2)(a) in Schedule 7 to the
15
Magistrates' Court Act 1989, for "each $100 or
part of $100" substitute "each penalty unit or part
of a penalty unit".
28
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Courts Legislation (Judicial Appointments and Other
Amendments) Act 2004
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
29
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