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This is a Bill, not an Act. For current law, see the Acts databases.


COURTS LEGISLATION AMENDMENT (JUDICIAL RESOLUTION CONFERENCE) BILL 2009

                 PARLIAMENT OF VICTORIA

Courts Legislation Amendment (Judicial Resolution
               Conference) Bill 2009



                      TABLE OF PROVISIONS
Clause                                                                     Page

PART 1--PRELIMINARY                                                           1
  1      Purpose                                                              1
  2      Commencement                                                         2

PART 2--SUPREME COURT ACT 1986                                                3
  3      Definitions                                                          3
  4      Mediation                                                            3
  5      New Division 3A of Part 2 inserted                                   3
         Division 3A--Judicial resolution conferences                         3
         24B     Judicial resolution conference                               3
         24C     Protection of conduct of judicial resolution conference      4
  6      Power to make Rules                                                  4

PART 3--COUNTY COURT ACT 1958                                                 5
  7      Definitions                                                          5
  8      Mediation                                                            5
  9      New Division 4 of Part II inserted                                   5
         Division 4--Judicial resolution conferences                          5
         41      Judicial resolution conference                               5
         42      Protection of conduct of judicial resolution conference      6
  10     Division heading inserted                                            6
  11     Power to make Rules                                                  6

PART 4--MAGISTRATES' COURT ACT 1989                                           8
  12     Definitions                                                          8
  13     Mediation                                                            8
  14     Rules of Court                                                       9




561322B.I-27/7/2009                    i      BILL LA INTRODUCTION 27/7/2009

 


 

Clause Page 15 New Division 3B of Part 5 9 Division 3B--Judicial resolution conferences 9 108B Judicial resolution conferences 9 108C Protection of conduct of judicial resolution conference 9 PART 5--CHILDREN, YOUTH AND FAMILIES ACT 2005 11 16 Definitions 11 17 Proceedings to be heard in open court 11 18 New sections 527A and 527B inserted 11 527A Judicial resolution conference 11 527B Protection of conduct of judicial resolution conference 12 19 Rules 12 PART 6--GENERAL 14 20 Repeal of amending Act 14 ENDNOTES 15 561322B.I-27/7/2009 ii BILL LA INTRODUCTION 27/7/2009

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 A Bill for an Act to amend the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 and the Children, Youth and Families Act 2005 to clarify that judicial immunity applies to judges, associate judges and magistrates when carrying out judicial resolution conferences and to further provide for the conduct of those processes by judges, associate judges and magistrates and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purpose The main purpose of this Act is to amend the Supreme Court Act 1986, the County Court 5 Act 1958, the Magistrates' Court Act 1989 and the Children, Youth and Families Act 2005-- 561322B.I-27/7/2009 1 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 1--Preliminary s. 2 (a) to clarify that judicial immunity applies to judges, associate judges and magistrates when carrying out judicial resolution conferences; and 5 (b) to further provide for the conduct of those processes by judges, associate judges and magistrates. 2 Commencement (1) Subject to subsection (2), this Act comes into 10 operation on a day or days to be proclaimed. (2) If a provision referred to in subsection (1) does not come into operation before 1 August 2010, it comes into operation on that day. __________________ 561322B.I-27/7/2009 2 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 2--Supreme Court Act 1986 s. 3 PART 2--SUPREME COURT ACT 1986 3 Definitions In section 3(1) of the Supreme Court Act 1986 See: Act No. insert the following definition-- 110/1986. Reprint No. 6 5 "judicial resolution conference means a as at 28 April 2006 resolution process presided over by a Judge and of the Court or an Associate Judge for the amending Act Nos purposes of negotiating a settlement of a 48/2006, dispute including, but not limited to-- 24/2007, 8/2008, 9/2008, 10 (a) mediation, whether or not referred to 23/2008, 24/2008, that person in accordance with the 78/2008, Rules; 4/2009 and 9/2009. (b) early neutral evaluation; LawToday: www. legislation. (c) settlement conference; vic.gov.au 15 (d) conciliation;". 4 Mediation In section 24A of the Supreme Court Act 1986, after "to mediation" insert ", other than judicial resolution conference". 20 5 New Division 3A of Part 2 inserted After section 24A of the Supreme Court Act 1986 insert-- "Division 3A--Judicial resolution conferences 24B Judicial resolution conference 25 (1) If, in any proceeding, the Court orders or directs that a judicial resolution conference be conducted, no evidence shall be admitted at the hearing of any proceeding of anything said or done by any person in the course of 30 the conduct of the judicial resolution conference unless the Court otherwise 561322B.I-27/7/2009 3 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 2--Supreme Court Act 1986 s. 6 orders, having regard to the interests of justice and fairness. (2) Without limiting section 16 of the Evidence Act 2008, a Judge of the Court or an 5 Associate Judge is not compellable to give evidence in any proceeding, whether civil or criminal, of anything said or done or arising from the conduct of the judicial resolution conference. 10 24C Protection of conduct of judicial resolution conference Without limiting any other law, whether written or unwritten, a Judge of the Court or an Associate Judge performing duties in 15 connection with any judicial resolution conference has the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge.". 6 Power to make Rules 20 In section 25 of the Supreme Court Act 1986-- (a) after subsection (1)(ea) insert-- "(eab) judicial resolution conferences, including, but not limited to, the practice and procedure of the Court in 25 relation to judicial resolution conferences;"; (b) in subsection (1A)-- (i) after "Chief Justice" insert ", a Judge of the Court, an Associate Judge"; 30 (ii) after "specified class of" insert "judge or". __________________ 561322B.I-27/7/2009 4 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 3--County Court Act 1958 s. 7 PART 3--COUNTY COURT ACT 1958 7 Definitions In section 3(1) of the County Court Act 1958 See: Act No. insert the following definition-- 6230. Reprint No. 13 5 "judicial resolution conference means a as at 15 January resolution process presided over by a judge 2009 or an associate judge for the purposes of and amending negotiating a settlement of a dispute Act Nos including, but not limited to-- 8/2008, 78/2008, 10 (a) mediation, whether or not referred to 4/2009, 9/2009 and 38/2009. that person in accordance with the LawToday: Rules; www. legislation. (b) early neutral evaluation; vic.gov.au (c) settlement conference; 15 (d) conciliation;". 8 Mediation In section 47B of the County Court Act 1958, after "to mediation" insert ", other than judicial resolution conference". 20 9 New Division 4 of Part II inserted After section 40 of the County Court Act 1958 insert-- "Division 4--Judicial resolution conferences 41 Judicial resolution conference 25 (1) If, in any civil proceeding, the Court orders or directs that a judicial resolution conference be conducted, no evidence shall be admitted at the hearing of any civil proceeding of anything said or done by any 30 person in the course of the conduct of the judicial resolution conference unless the 561322B.I-27/7/2009 5 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 3--County Court Act 1958 s. 10 Court otherwise orders, having regard to the interests of justice and fairness. (2) Without limiting section 16 of the Evidence Act 2008, a judge or an associate judge is 5 not compellable to give evidence in any proceeding, whether civil or criminal, of anything said or done or arising from the conduct of the judicial resolution conference. 42 Protection of conduct of judicial 10 resolution conference Without limiting any other law, whether written or unwritten, a judge or an associate judge performing duties in connection with judicial resolution conference has the same 15 protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.". 10 Division heading inserted Insert the following heading to Division 6 of 20 Part II of the County Court Act 1958-- "Division 6--Arbitration, mediation, and reference for inquiry". 11 Power to make Rules In section 78 of the County Court Act 1958-- 25 (a) after subsection (1)(hca) insert-- "(hcb) judicial resolution conferences, including, but not limited to the practice and procedure of the Court in relation to judicial resolution 30 conferences;"; (b) in subsection (6), after "by subsection" insert "(1)(hcb),"; 561322B.I-27/7/2009 6 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 3--County Court Act 1958 s. 11 (c) in subsection (7), after "under subsection" insert "(1)(hcb),". __________________ 561322B.I-27/7/2009 7 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 4--Magistrates' Court Act 1989 s. 12 PART 4--MAGISTRATES' COURT ACT 1989 12 Definitions See: In section 3(1) of the Magistrates' Court Act Act No. 51/1989. 1989 insert the following definition-- Reprint No. 14 5 as at "judicial resolution conference means a 21 August 2008 resolution process presided over by a and magistrate for the purposes of negotiating a amending Act Nos settlement of a dispute including, but not 51/2006, limited to-- 12/2008, 10 34/2008, (a) mediation, whether or not referred to 38/2008, 52/2008, that person in accordance with the 68/2008, Rules; 72/2008, 74/2008, (b) early neutral evaluation; 76/2008, 78/2008, 83/2008, (c) settlement conference; 4/2009, 7/2009, 15 9/2009, (d) conciliation;". 13/2009, 25/2009 and 30/2009. LawToday: www. legislation. vic.gov.au 13 Mediation After section 108(2) of the Magistrates' Court Act 1989 insert-- "(3) Subsection (2) does not apply to mediation 20 by judicial resolution conference. Note See section 108B.". 561322B.I-27/7/2009 8 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 4--Magistrates' Court Act 1989 s. 14 14 Rules of Court After section 16(1)(fb) of the Magistrates' Court Act 1989 insert-- "(fc) judicial resolution conferences, including, 5 but not limited to the practice and procedure of the Court in relation to judicial resolution conferences;". 15 New Division 3B of Part 5 After Division 3A of Part 5 of the Magistrates' 10 Court Act 1989 insert-- "Division 3B--Judicial resolution conferences 108B Judicial resolution conferences (1) If, in any civil proceeding, the Court orders or directs that a judicial resolution 15 conference be conducted, no evidence shall be admitted at the hearing of any civil proceeding of anything said or done by any person in the course of the conduct of the judicial resolution conference unless the 20 Court otherwise orders, having regard to the interests of justice and fairness. (2) Without limiting section 16 of the Evidence Act 2008, a magistrate is not compellable to give evidence in any proceeding, whether 25 civil or criminal, of anything said or done or arising from the conduct of the judicial resolution conference. 108C Protection of conduct of judicial resolution conference 30 Without limiting any other law, whether written or unwritten, a magistrate performing duties in connection with any judicial resolution conference has the same protection and immunity as a Judge of the 561322B.I-27/7/2009 9 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 4--Magistrates' Court Act 1989 s. 15 Supreme Court has in the performance of his or her duties as a Judge.". __________________ 561322B.I-27/7/2009 10 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 5--Children, Youth and Families Act 2005 s. 16 PART 5--CHILDREN, YOUTH AND FAMILIES ACT 2005 16 Definitions In section 3(1) of the Children, Youth and See: Act No. Families Act 2005 insert the following 96/2005. 5 definition-- Reprint No. 1 as at 23 April 2007 "judicial resolution conference means a and resolution process in the Family Division of amending Act Nos the Court presided over by the President or a 97/2005, magistrate for the purposes of negotiating a 23/2006, 24/2006, 10 settlement of a dispute-- 51/2006, 81/2006, (a) including, but not limited to-- 24/2007, 28/2007, (i) mediation; or 56/2007, 7/2008, 8/2008, (ii) early neutral evaluation; 9/2008, 12/2008, (iii) settlement conference; 52/2008, 68/2008, 15 (iv) conciliation; 77/2008, 4/2009, 7/2009, 22/2009, (b) other than a dispute resolution 25/2009 and conference under section 217;". 26/2009 LawToday: www. legislation. vic.gov.au 17 Proceedings to be heard in open court In section 523(1) of the Children, Youth and 20 Families Act 2005 after "subsection (2)" insert "and section 527A". 18 New sections 527A and 527B inserted After section 527 of the Children, Youth and Families Act 2005 insert-- 25 "527A Judicial resolution conference (1) If, in any proceeding in the Family Division of the Court, the court orders or directs that a judicial resolution conference be conducted, 561322B.I-27/7/2009 11 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 5--Children, Youth and Families Act 2005 s. 19 no evidence is admissible at the hearing of any proceeding in that Division of anything said or done by any person in the course of the conduct of the judicial resolution 5 conference unless the court otherwise orders, having regard to the interests of justice and fairness. (2) Without limiting section 16 of the Evidence Act 2008, the President or a magistrate is not 10 compellable to give evidence in any proceeding, whether civil or criminal, of anything said or done or arising from the conduct of the judicial resolution conference. 527B Protection of conduct of judicial 15 resolution conference Without limiting any other law, whether written or unwritten, the President or a magistrate performing duties in connection with any judicial resolution conference has 20 the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.". 19 Rules For section 588(1) of the Children, Youth and 25 Families Act 2005 substitute-- "(1) The President together with 2 or more magistrates for the Court may jointly make rules of court for or with respect to-- (a) the prescription of forms for the 30 purposes of the Family Division of the Court; 561322B.I-27/7/2009 12 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 5--Children, Youth and Families Act 2005 s. 19 (b) judicial resolution conferences, including, but not limited to the practice and procedure of the Court in relation to judicial resolution 5 conferences.". __________________ 561322B.I-27/7/2009 13 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Part 6--General s. 20 PART 6--GENERAL 20 Repeal of amending Act This Act is repealed on 1 August 2011. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 561322B.I-27/7/2009 14 BILL LA INTRODUCTION 27/7/2009

 


 

Courts Legislation Amendment (Judicial Resolution Conference) Bill 2009 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561322B.I-27/7/2009 15 BILL LA INTRODUCTION 27/7/2009

 


 

 


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