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PARLIAMENT OF VICTORIA
Courts Legislation Miscellaneous Amendments Bill
2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--CIVIL APPEALS 4
Division 1--Supreme Court Act 1986 4
3 Way in which Court of Appeal may be constituted 4
4 New sections 14A to 14D inserted 5
14A Leave to appeal required for civil appeals 5
14B Commencing a civil appeal 6
14C Appeal must have real prospect of success 6
14D Determination of application for leave to appeal 6
5 Business to be disposed of by Trial Division constituted by a
Judge of the Court or by an Associate Judge 7
6 Restriction on appeals 7
7 Power to make Rules 8
8 New sections 154 to 156 inserted 9
154 Transitional provisions--Courts Legislation
Miscellaneous Amendments Act 2014 9
155 Power to resolve transitional difficulties in
proceeding 10
156 Regulations dealing with transitional matters 10
Division 2--Consequential Amendments to Other Acts 12
9 Accident Compensation Act 1985--Effect of decision on
application 12
10 Casino Control Act 1991--Appeals 12
11 County Court Act 1958--Appeal to the Court of Appeal 13
12 Disability Act 2006--Appeals regarding extended leave 14
13 Disability Act 2006--Appeals regarding revocation of
extended leave 14
14 Fisheries Act 1995--Determination of claim 15
15 Imprisonment of Fraudulent Debtors Act 1958--Judgment
debtor may appeal to Full Court 15
571503B.I-24/6/2014 i BILL LA INTRODUCTION 24/6/2014
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16 Judgment Debt Recovery Act 1984--Persistent wilful
default 16
17 Land Acquisition and Compensation Act 1986--
Determination of claim 16
18 Legal Profession Act 2004--Order disqualifying persons 16
19 Legal Profession Act 2004--Appeal against appointment 17
20 Status of Children Act 1974--Appeals 17
21 Urban Renewal Authority Victoria Act 2003--Grounds of
review or appeal 17
22 Valuation of Land Act 1960--Powers on review or appeal 18
23 Victorian Civil and Administrative Tribunal Act 1998--
Appeals from the Tribunal 18
24 Workplace Injury Rehabilitation and Compensation
Act 2013--Effect of decision on application 19
PART 3--VICTORIAN CIVIL AND ADMINISTRATIVE
TRIBUNAL 20
Division 1--Amendments to Victorian Civil and Administrative
Tribunal Act 1998 20
25 Definitions 20
26 New section 16B inserted 20
16B Amendment of appointment of sessional and
non-sessional members 20
27 New section 25B inserted 21
25B Member or former member may not appear as expert
witness 21
28 Joinder of parties 22
29 Constitution of Tribunal in proceedings 22
30 Intervention 23
31 Mediation 23
32 New section 93A inserted 23
93A Party may object to mediator hearing the proceeding 23
33 General procedure 24
34 Power to award costs 24
35 Orders as to reimbursement or payment of fees 25
36 New section 115CA inserted 25
115CA Presumption of order for reimbursement of fees in
certain planning matters 25
37 Re-opening an order on substantive grounds 26
38 Power to make rules 27
39 New section 168 inserted 27
168 Transitional provisions--Courts Legislation
Miscellaneous Amendments Act 2014 27
40 Definition of planning enactment in Schedule 1 28
41 Parties to lodge grounds 28
42 Member of Tribunal can mediate 29
571503B.I-24/6/2014 ii BILL LA INTRODUCTION 24/6/2014
Clause Page
43 New clause 97A inserted in Schedule 1 29
97A Valuer-general may intervene and be represented 29
44 Subject matter for rules 29
45 Statute law revision 29
Division 2--Further amendments to Victorian Civil and
Administrative Tribunal Act 1998 30
46 Definitions 30
47 Deputy Presidents, senior members and ordinary members 30
48 Appointment of members 31
49 Remuneration and allowances 31
50 Prohibition on outside employment 32
51 New sections 18A, 18B and 18C inserted 32
18A Entry into part-time service arrangement 32
18B Variation of part-time service arrangement 34
18C Termination of part-time service arrangement 34
52 Transitional provisions--Courts Legislation Miscellaneous
Amendments Act 2014 35
Division 3--Amendment of Enabling Enactments 36
53 Planning and Environment Act 1987--Parties to review 36
54 Planning and Environment Act 1987--Injunctions 36
55 Retail Leases Act 2003--Meaning of retail tenancy dispute 37
56 Retail Leases Act 2003--Referral of retail tenancy disputes
for alternative dispute resolution 37
57 Retail Leases Act 2003--Jurisdiction of Tribunal 38
58 Transport Accident Act 1986--Application to Tribunal 39
59 Transport Accident Act 1986--New Division 9 inserted in
Part 11 40
Division 9--Courts Legislation Miscellaneous
Amendments Act 2014 40
228 Application to Tribunal 40
60 Valuation of Land Act 1960--Functions of valuer-general 40
PART 4--CORONERS 41
61 Certain reportable deaths do not require investigation 41
62 Objections to autopsy 41
63 Documents and prepared statements requested by coroner 42
64 Inquest into a death 42
65 Publication of findings and reports 43
66 Appeal in relation to determination that death not a reportable
death 43
67 Appeal in relation to determination of coroner not to
investigate a fire 43
68 Appeal in relation to determination not to hold an inquest 43
571503B.I-24/6/2014 iii BILL LA INTRODUCTION 24/6/2014
Clause Page
69 Appeal against findings of a coroner 44
70 Appeal against refusal by coroner to re-open investigation 44
71 Appeal to Supreme Court is on a question of law 44
72 New section 87A inserted 44
87A Appeal to Supreme Court in the interests of justice 44
73 Rules of the Coroners Court 45
74 Access to documents 45
75 New section 120 inserted 46
120 Transitional provision--Courts Legislation
Miscellaneous Amendments Act 2014 46
PART 5--COURT SECURITY 48
76 Definitions 48
77 Heading to section 4 inserted 49
78 New sections 4A, 4B and 4C inserted 49
4A Offence to record proceeding 49
4B Offence to publish recording of proceeding 50
4C Offence to transmit to or give recording of proceeding
to another person 51
79 Regulations 52
80 Consequential amendment to Legal Profession Uniform Law
Application Act 2014 53
26A Court Security Act 1980 53
PART 6--JUDICIAL REGISTRARS 54
Division 1--Supreme Court Act 1986 54
81 Guidelines relating to the appointment of judicial registrars 54
82 Appointment by the Governor in Council 54
83 Remuneration and terms and conditions of appointment 54
84 New section 113GB inserted 54
113GB Oath or affirmation of office 54
85 Section 113M substituted 55
113M Appeal from or review of determination of Court
constituted by judicial registrar 55
Division 2--County Court Act 1958 57
86 Guidelines relating to the appointment of judicial registrars 57
87 Appointment by the Governor in Council 57
88 Remuneration and terms and conditions of appointment 57
89 New section 17PA inserted 58
17PA Oath or affirmation of office 58
90 Section 17V substituted 58
17V Appeal from or review of determination of court
constituted by judicial registrar 58
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Clause Page
Division 3--Magistrates' Court Act 1989 60
91 Guidelines relating to the appointment of judicial registrars 60
92 Appointment of judicial registrars 60
93 Terms and conditions of appointment 60
94 New section 16DB inserted 61
16DB Oath or affirmation of office 61
95 Rules of Court 61
96 Section 16K substituted 61
16K Appeal from or review of determination of Court
constituted by judicial registrar 61
Division 4--Children, Youth and Families Act 2005 63
97 Guidelines relating to the appointment of judicial registrars 63
98 Appointment by Governor in Council 63
99 Remuneration and terms and conditions of appointment 63
100 New section 542EA inserted 64
542EA Oath or affirmation of office 64
101 Section 542K substituted 64
542K Appeal from or review of determination of Court
constituted by judicial registrar 64
Division 5--Coroners Act 2008 65
102 Guidelines relating to the appointment of judicial registrars 65
103 Appointment by Governor in Council 66
104 Remuneration and terms and conditions of appointment 66
105 New section 102EA inserted 66
102EA Oath or affirmation of office 66
106 Section 102K substituted 67
102K Appeal from or review of decisions of judicial
registrar 67
Division 6--Victims of Crime Assistance Act 1996 68
107 Rules 68
108 Review of delegated Tribunal decisions 68
PART 7--FURTHER MISCELLANEOUS AMENDMENTS
AND REPEAL 69
Division 1--Supreme Court Act 1986 69
109 Regulations 69
Division 2--Interpretation of Legislation Act 1984 71
110 Prescribing matters by reference to other documents 71
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Clause Page
Division 3--Repeal of amending Act 71
111 Repeal of amending Act 71
ENDNOTES 72
571503B.I-24/6/2014 vi BILL LA INTRODUCTION 24/6/2014
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Courts Legislation Miscellaneous
Amendments Bill 2014
A Bill for an Act to amend the Supreme Court Act 1986, the County
Court Act 1958, the Magistrates' Court Act 1989, the Coroners
Act 2008, the Children, Youth and Families Act 2005, the
Victorian Civil and Administrative Tribunal Act 1998, the Victims
of Crime Assistance Act 1996, the Court Security Act 1980 and the
Interpretation of Legislation Act 1984, to make consequential
amendments to other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Supreme Court Act 1986--
5 (i) to provide for appeals to the Court of
Appeal in civil proceedings to be
571503B.I-24/6/2014 1 BILL LA INTRODUCTION 24/6/2014
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Part 1--Preliminary
s. 1
generally by leave of the Court of
Appeal;
(ii) to make other procedural amendments
in relation to appeals to the Court of
5 Appeal in civil proceedings;
(iii) to provide for additional regulation
making powers in relation to court fees;
(b) to amend the Victorian Civil and
Administrative Tribunal Act 1998 in
10 relation to the service arrangements and the
terms and conditions of appointment of non-
judicial members and to enhance further the
powers and efficiency of VCAT and to make
related amendments to certain enabling
15 enactments;
(c) to amend the Coroners Act 2008--
(i) to further provide for various coronial
processes;
(ii) to further provide for appeals to the
20 Supreme Court;
(iii) to amend the periods for bringing an
appeal in respect of certain decisions of
a coroner;
(d) to amend the Court Security Act 1980 to
25 provide for certain offences in relation to the
recording of court proceedings;
(e) to amend court and tribunal Acts to make
further provision in relation to the office of
judicial registrar, including review of, and
30 appeals from, determinations of judicial
registrars.
571503B.I-24/6/2014 2 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act (except Part 2, Division 2 of Part 3 and
Parts 4, 5 and 6) comes into operation on the day
after the day on which it receives the Royal
5 Assent.
(2) Subject to subsection (3), Part 2, Division 2 of
Part 3 and Parts 4, 5 and 6 come into operation on
a day or days to be proclaimed.
(3) If a provision of this Act does not come into
10 operation before 1 September 2015, it comes into
operation on that day.
__________________
571503B.I-24/6/2014 3 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 2--Civil Appeals
s. 3
PART 2--CIVIL APPEALS
Division 1--Supreme Court Act 1986
3 Way in which Court of Appeal may be constituted
See: (1) After section 11(1B) of the Supreme Court Act
Act No.
5 110/1986. 1986 insert--
Reprint No. 8
as at "(1C) Subject to subsection (9), the Rules may
1 December
2013
provide that a single Judge of Appeal may
and constitute, and may exercise all the
amending
Act Nos
jurisdiction and powers of, the Court of
10 110/1986, Appeal--
63/2013,
68/2013, (a) in particular kinds of applications and
1/2014,
17/2014 and appeals to or proceedings in the Court
25/2014. of Appeal; or
LawToday:
www. (b) generally.".
legislation.
15 vic.gov.au
(2) In section 11(4) of the Supreme Court Act 1986
omit "a single Judge of Appeal or".
(3) After section 11(4A) of the Supreme Court Act
1986 insert--
"(4B) The Rules may provide that in particular
20 kinds of applications, appeals or
proceedings, the Court of Appeal may
discharge or vary a judgment, order or
direction given or made by a single Judge of
Appeal.".
25 (4) In section 11(5) of the Supreme Court Act 1986
omit "a single Judge of Appeal or".
(5) In section 11(6) of the Supreme Court Act 1986
for "Subject to subsection (5)" substitute "Unless
the Court of Appeal discharges or varies a
30 judgment, order or direction in accordance with
any Rules made under subsection (4B)".
571503B.I-24/6/2014 4 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 2--Civil Appeals
s. 4
(6) After section 11(8) of the Supreme Court Act
1986 insert--
"(9) Subsection (1C) does not apply in relation
to--
5 (a) an appeal from a refusal to grant habeas
corpus; or
(b) an appeal under the Serious Sex
Offenders (Detention and
Supervision) Act 2009.".
10 4 New sections 14A to 14D inserted
After section 14 of the Supreme Court Act 1986
insert--
"14A Leave to appeal required for civil appeals
(1) Subject to subsection (2), any civil appeal to
15 the Court of Appeal requires leave to appeal
to be obtained from the Court of Appeal.
(2) Leave to appeal is not required--
(a) for an appeal from a refusal to grant
habeas corpus; or
20 (b) for an appeal under the Serious Sex
Offenders (Detention and
Supervision) Act 2009; or
(c) if the Rules provide that leave to appeal
is not required, whether in any
25 particular class of application or
proceeding or generally.
(3) For the purposes of this section, civil appeal
means an appeal from a judgment or order
made in exercise of civil jurisdiction,
30 including an appeal by way of rehearing or
judicial review, for which this Act, any other
Act or the Rules provide an appeal to the
Court of Appeal.
571503B.I-24/6/2014 5 BILL LA INTRODUCTION 24/6/2014
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Part 2--Civil Appeals
s. 4
14B Commencing a civil appeal
(1) An applicant for leave to appeal under
section 14A must file an application for
leave to appeal within 28 days from the date
5 of the judgment, order, determination or
other decision which is the subject of appeal
unless the Rules otherwise provide.
(2) Unless this Act, any other Act or the Rules
otherwise provide, an application for leave to
10 appeal is commenced by filing the
application for leave to appeal.
14C Appeal must have real prospect of success
The Court of Appeal may grant an
application for leave to appeal under
15 section 14A only if it is satisfied that the
appeal has a real prospect of success.
14D Determination of application for leave to
appeal
(1) The Court of Appeal constituted by one or
20 more Judges of Appeal may determine an
application for leave to appeal under
section 14A with or without an oral hearing
of the parties.
(2) Subject to subsection (3), if the Court of
25 Appeal dismisses an application for leave to
appeal without an oral hearing, the applicant,
in accordance with the Rules, may apply to
have the dismissal set aside or varied at an
oral hearing before the Court of Appeal
30 constituted by two or more Judges of
Appeal.
(3) If the Court of Appeal dismisses an
application for leave to appeal without an
oral hearing and has determined that the
35 application is totally without merit, the
571503B.I-24/6/2014 6 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 2--Civil Appeals
s. 5
applicant has no right to apply to have the
dismissal set aside or varied.
(4) This section does not apply to--
(a) an appeal from a refusal to grant habeas
5 corpus; or
(b) an appeal under the Serious Sex
Offenders (Detention and
Supervision) Act 2009.".
5 Business to be disposed of by Trial Division
10 constituted by a Judge of the Court or by an
Associate Judge
At the foot of section 17(2) of the Supreme
Court Act 1986 insert--
"Note
15 See, for example, section 14A which requires leave of the
Court of Appeal for civil appeals as defined in that section.".
6 Restriction on appeals
(1) In section 17A of the Supreme Court Act
1986--
20 (a) subsections (1) and (5) are repealed;
(b) in subsection (3A) omit "or by leave of the
Judge of the Court or Associate Judge
constituting the Trial Division";
(c) in subsection (3C)--
25 (i) for "except--" substitute "except by
leave of the Court of Appeal.";
(ii) paragraphs (a) and (b) are repealed;
(d) for subsection (4)(b) substitute--
"(b) without leave of the Court of Appeal,
30 from a judgment or an order in an
interlocutory application, being a
judgment or order given by the Trial
Division constituted by a Judge of the
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Courts Legislation Miscellaneous Amendments Bill 2014
Part 2--Civil Appeals
s. 7
Court or by an Associate Judge in a
criminal proceeding or quasi-criminal
proceeding except in the following
cases--
5 (i) when the liberty of the subject or
the custody of minors is
concerned;
(ii) a decision dismissing a proceeding
for want of prosecution;
10 (iii) any cases prescribed by the
Rules.".
(2) Section 17A(7) of the Supreme Court Act 1986
is repealed.
7 Power to make Rules
15 After section 25(1)(ca) of the Supreme Court
Act 1986 insert--
"(cab) without limiting paragraph (ca), in
accordance with section 11, providing for the
constitution of the Court of Appeal by a
20 single Judge of Appeal--
(i) in particular kinds of applications and
appeals to or proceedings in the Court
of Appeal; or
(ii) generally;
25 (cac) without limiting paragraph (ca), in
accordance with section 11, providing for the
particular kinds of applications, appeals or
proceedings in respect of which the Court of
Appeal may discharge or vary a judgment,
30 order or direction given or made by a single
Judge of Appeal;".
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Courts Legislation Miscellaneous Amendments Bill 2014
Part 2--Civil Appeals
s. 8
8 New sections 154 to 156 inserted
After section 153 of the Supreme Court Act
1986 insert--
"154 Transitional provisions--Courts
5 Legislation Miscellaneous Amendments
Act 2014
(1) The amendments made to this Act by Part 2
of the Courts Legislation Miscellaneous
Amendments Act 2014 apply in relation to
10 any application or proceeding in the Court of
Appeal, including any appeal referred to in
section 14A (other than an appeal referred to
in section 14A(2)) commenced on or after
the commencement of that Part.
15 (2) The amendments made to this Act and to any
other Act under which an application or a
proceeding in the Court of Appeal may be
commenced, including any appeal referred to
in section 14A (other than an appeal referred
20 to in section 14A(2)) by Part 2 of the Courts
Legislation Miscellaneous Amendments
Act 2014 do not apply in relation to that
application or proceeding if--
(a) the application or proceeding
25 commenced before the commencement
of Part 2 of the Courts Legislation
Miscellaneous Amendments Act
2014; and
(b) the Court of Appeal has begun to hear
30 and determine that application or
proceeding before the commencement
of that Part.
(3) If an application or a proceeding in the Court
of Appeal, including any appeal referred to
35 in section 14A (other than an appeal referred
to in section 14A(2)) has commenced before
571503B.I-24/6/2014 9 BILL LA INTRODUCTION 24/6/2014
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Part 2--Civil Appeals
s. 8
the commencement of Part 2 of the Courts
Legislation Miscellaneous Amendments
Act 2014 but the Court of Appeal has not
begun to hear and determine that application
5 or proceeding before the commencement of
that Part, the amendments made to this Act
and any other Act under which that
application or proceeding is commenced do
not apply in relation to that application or
10 proceeding, unless the Court of Appeal
otherwise orders.
155 Power to resolve transitional difficulties in
proceeding
(1) If any difficulty arises because of the
15 operation of Part 2 of the Courts
Legislation Miscellaneous Amendments
Act 2014 in relation to an application or a
proceeding, the Court may make any order it
considers appropriate to resolve the
20 difficulty.
(2) An order made under subsection (1)--
(a) may be made on application of a party
to the application or proceeding or on
the Court's own motion; and
25 (b) has effect despite any provision to the
contrary made by or under any Act
(other than the Charter of Human
Rights and Responsibilities Act
2006).
30 156 Regulations dealing with transitional
matters
(1) The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
35 application or savings nature, arising as a
result of the enactment of Part 2 of the
571503B.I-24/6/2014 10 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 2--Civil Appeals
s. 8
Courts Legislation Miscellaneous
Amendments Act 2014, including any
repeals and amendments made by that Part.
(2) Regulations made under this section may--
5 (a) have a retrospective effect to a day on
or from the date that the Courts
Legislation Miscellaneous
Amendments Act 2014 receives the
Royal Assent;
10 (b) be of limited or general application;
(c) differ according to differences in time,
place or circumstances;
(d) leave any matter or thing to be decided
by a specified person or specified class
15 of persons;
(e) provide for the exemption of persons,
applications or proceedings or a class of
persons, applications or proceedings
from any of the regulations made under
20 this section.
(3) Regulations made under this section have
effect despite anything to the contrary--
(a) in any Act (other than Part 2 of the
Courts Legislation Miscellaneous
25 Amendments Act 2014 or the Charter
of Human Rights and
Responsibilities Act 2006); or
(b) in any subordinate instrument.
(4) This section is repealed on the second
30 anniversary of the day on which it comes
into operation.".
571503B.I-24/6/2014 11 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 2--Civil Appeals
s. 9
Division 2--Consequential Amendments to Other Acts
9 Accident Compensation Act 1985--Effect of
decision on application
See: Section 134AC of the Accident Compensation
Act No.
5 10191. Act 1985 is repealed.
Reprint No. 19
as at
11 February
2013
and
amending
Act Nos
76/2011,
9/2013,
30/2013,
43/2013,
55/2013,
67/2013,
76/2013,
17/2014 and
26/2014.
LawToday:
www.
legislation.
vic.gov.au
10 Casino Control Act 1991--Appeals
See: In section 155(3) of the Casino Control Act
Act No.
47/1991. 1991, after "law" insert "with leave of the Court of
Reprint No. 8 Appeal".
as at
22 June 2011
and
amending
Act Nos
29/2009,
84/2009,
74/2010,
58/2011,
32/2012,
65/2013,
4/2014 and
17/2014.
LawToday:
www.
legislation.
vic.gov.au
571503B.I-24/6/2014 12 BILL LA INTRODUCTION 24/6/2014
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Part 2--Civil Appeals
s. 11
11 County Court Act 1958--Appeal to the Court of
Appeal
(1) In section 74(1) of the County Court Act 1958, See:
Act No.
after "Court of Appeal" insert "with leave of the 6320.
5 Court of Appeal". Reprint No. 15
as at
1 May 2013
(2) For section 74(2) of the County Court Act 1958 and
substitute-- amending
Act Nos
"(2) An appeal by a party referred to in 6230,
28/2013,
subsection (1) must be commenced by filing 58/2013,
10 an application for leave to appeal in the 63/2013,
67/2013,
Court of Appeal within 28 days after the date 68/2013,
of the judgment or order of the court being 70/2013,
17/2014 and
appealed.". 25/2014.
LawToday:
(3) In section 74(2A) of the County Court Act 1958, www.
15 for "appeal may be brought" substitute "appeal or legislation.
vic.gov.au
an application for leave to appeal may be
commenced".
(4) For section 74(2B) of the County Court Act
1958 substitute--
20 "(2B) An application for leave to appeal must be
made in accordance with the Rules of the
Supreme Court.".
(5) In section 74(2C) of the County Court Act 1958,
for "A notice" substitute "An application for
25 leave to appeal or a notice".
(6) Section 74(2D), (2E) and (3) of the County Court
Act 1958 are repealed.
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Part 2--Civil Appeals
s. 12
12 Disability Act 2006--Appeals regarding extended
leave
See: (1) In section 163(1)(b) of the Disability Act 2006,
Act No.
23/2006. after "Court of Appeal" insert "with leave of the
5 Reprint No. 1
as at
Court of Appeal".
31 October
2012
(2) In section 163(2) of the Disability Act 2006, after
and "Court of Appeal" insert "with leave of the Court
amending of Appeal".
Act Nos
20/2012,
9/2013, (3) In section 163(3) of the Disability Act 2006, after
10 13/2013, "Court of Appeal" insert "with leave of the Court
75/2013 and
26/2014.
of Appeal".
LawToday:
www.
legislation.
vic.gov.au
13 Disability Act 2006--Appeals regarding revocation
of extended leave
(1) In section 165(1) of the Disability Act 2006, after
15 "Court of Appeal" insert "with leave of the Court
of Appeal".
(2) In section 165(2) of the Disability Act 2006, after
"Court of Appeal" insert "with leave of the Court
of Appeal".
20 (3) In section 165(3) of the Disability Act 2006, after
"Court of Appeal" insert "with leave of the Court
of Appeal".
571503B.I-24/6/2014 14 BILL LA INTRODUCTION 24/6/2014
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Part 2--Civil Appeals
s. 14
14 Fisheries Act 1995--Determination of claim
In section 210(2) of the Fisheries Act 1995, after See:
Act No.
"law" insert "and with leave of the Court of 92/1995.
Appeal". Reprint No. 7
as at
18 March
2013
and
amending
Act Nos
9/2013,
64/2013,
70/2013 and
17/2014.
LawToday:
www.
legislation.
vic.gov.au
5 15 Imprisonment of Fraudulent Debtors Act 1958--
Judgment debtor may appeal to Full Court
(1) Insert the following heading to section 9 of the See:
Act No.
Imprisonment of Fraudulent Debtors Act 6276.
1958-- Reprint No. 5
as at
10 "Judgment debtor may appeal to Court of 16 September
1999
Appeal". and
amending
(2) In section 9 of the Imprisonment of Fraudulent Act No.
68/2009.
Debtors Act 1958-- LawToday:
www.
(a) for "order to the Full Court" substitute legislation.
15 "order to the Court of Appeal with leave of vic.gov.au
the Court of Appeal";
(b) for "Full Court" (where twice occurring)
substitute "Court of Appeal".
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Part 2--Civil Appeals
s. 16
16 Judgment Debt Recovery Act 1984--Persistent
wilful default
See: In section 19(4)(b) of the Judgment Debt
Act No.
10063. Recovery Act 1984, after "Court of Appeal"
5 Reprint No. 2
as at
insert "with leave of the Court of Appeal".
14 February
2008.
LawToday:
www.
legislation.
vic.gov.au
17 Land Acquisition and Compensation Act 1986--
Determination of claim
See: In section 89(2) of the Land Acquisition and
Act No.
121/1986. Compensation Act 1986 after "law" insert "and
10 Reprint No. 5
as at
with leave of the Court of Appeal".
16 May 2013.
LawToday:
www.
legislation.
vic.gov.au
18 Legal Profession Act 2004--Order disqualifying
persons
See: In section 2.2.6(5) of the Legal Profession Act
Act No.
99/2004. 2004, after "law" insert "with leave of the Court of
15 Reprint No. 4
as at
Appeal".
1 July 2011
and
amending
Act Nos
36/2011,
15/2012,
20/2012,
21/2012,
68/2013 and
17/2014.
LawToday:
www.
legislation.
vic.gov.au
571503B.I-24/6/2014 16 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 2--Civil Appeals
s. 19
19 Legal Profession Act 2004--Appeal against
appointment
In section 5.6.4(3)(b) of the Legal Profession Act
2004, after "Court of Appeal" insert "with leave
5 of the Court of Appeal,".
20 Status of Children Act 1974--Appeals
In section 30(1) of the Status of Children Act See:
Act No.
1974, after "Court of Appeal" insert "with leave 8602.
of the Court of Appeal". Reprint No. 3
as at
1 May 2013.
LawToday:
www.
legislation.
vic.gov.au
10 21 Urban Renewal Authority Victoria Act 2003--
Grounds of review or appeal
In section 51ZR(2) of the Urban Renewal See:
Act No.
Authority Victoria Act 2003, after "law" insert 59/2003.
"and with leave of the Court of Appeal". Reprint No. 2
as at
25 October
2011
and
amending
Act Nos
61/2011 and
34/2013.
LawToday:
www.
legislation.
vic.gov.au
571503B.I-24/6/2014 17 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 2--Civil Appeals
s. 22
22 Valuation of Land Act 1960--Powers on review or
appeal
See: In section 25(2) of the Valuation of Land Act
Act No.
6653. 1960, after "law" insert "and with leave of the
5 Reprint No. 13
as at
Court of Appeal".
19 May 2011
and
amending
Act Nos
69/2011,
58/2012 and
34/2014.
LawToday:
www.
legislation.
vic.gov.au
23 Victorian Civil and Administrative Tribunal
Act 1998--Appeals from the Tribunal
See: (1) For section 148(1) of the Victorian Civil and
Act No.
53/1998. Administrative Tribunal Act 1998 substitute--
Reprint No. 9
10 as at "(1) A party to a proceeding may appeal on a
1 January
2014
question of law from an order of the Tribunal
and in the proceeding--
amending
Act Nos (a) if the Tribunal was constituted for the
11/2010,
67/2013, purpose of making the order by the
15 1/2014, President or a Vice President, whether
17/2014 and
23/2014. with or without others, to the Court of
LawToday: Appeal with leave of the Court of
www.
legislation. Appeal; or
vic.gov.au
(b) in any other case, to the Trial Division
20 of the Supreme Court with leave of the
Trial Division.".
(2) In section 148(3) of the Victorian Civil and
Administrative Tribunal Act 1998, after
"If leave" insert "to appeal to the Trial Division of
25 the Supreme Court".
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s. 24
24 Workplace Injury Rehabilitation and Compensation See:
Act 2013--Effect of decision on application Act No.
67/2013
Section 351 of the Workplace Injury and
amending
Rehabilitation and Compensation Act 2013 is Act Nos
5 repealed. 17/2014 and
26/2014.
Statute Book:
www.
legislation.
vic.gov.au
__________________
571503B.I-24/6/2014 19 BILL LA INTRODUCTION 24/6/2014
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Part 3--Victorian Civil and Administrative Tribunal
s. 25
PART 3--VICTORIAN CIVIL AND ADMINISTRATIVE
TRIBUNAL
Division 1--Amendments to Victorian Civil and
Administrative Tribunal Act 1998
5 25 Definitions
Insert the following definition in section 3 of the
Victorian Civil and Administrative Tribunal
Act 1998--
"interim order means an order of an interim or
10 interlocutory nature;".
26 New section 16B inserted
After section 16A of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"16B Amendment of appointment of sessional
15 and non-sessional members
(1) The Governor in Council may amend the
appointment of a senior member or ordinary
member who was appointed on a sessional
basis so that the member's appointment
20 continues on a non-sessional basis.
(2) The Governor in Council may amend the
appointment of a senior member or ordinary
member who was appointed on a
non-sessional basis so that the member's
25 appointment continues on a sessional basis.
(3) The Governor in Council may amend an
appointment under this section only with the
member's prior consent.
(4) Subsection (1) does not apply to a sessional
30 member who has attained the age of
70 years.
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(5) If a member's appointment is amended under
subsection (1), the member's term of office
expires on whichever of the following first
occurs--
5 (a) the date that is 7 years after the original
date of appointment;
(b) the date that the member attains the age
of 70 years.
(6) If a member's appointment is amended under
10 subsection (2), the member's term of office
expires on the date that is 7 years after the
original date of appointment.".
27 New section 25B inserted
After section 25A of the Victorian Civil and
15 Administrative Tribunal Act 1998 insert--
"25B Member or former member may not
appear as expert witness
(1) If the rules provide for proceedings to be
entered in or transferred to lists of the
20 Tribunal and for members to be assigned to
those lists--
(a) a member must not appear as an expert
witness in any proceeding that has been
entered into or transferred to a list to
25 which the member has been assigned,
except with the approval of the
President; and
(b) for a period of 2 years after a member
ceases to be a member, the former
30 member must not appear as an expert
witness in any proceeding that has been
entered into or transferred to a list to
which the former member was
assigned, except with the approval of
35 the President.
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(2) This section is subject to any other provision
of this Act or an enabling enactment that
allows a member or former member to
appear as a witness.
5 Note
See, for example, section 30 of the Valuation of
Land Act 1960.".
28 Joinder of parties
After section 60(2) of the Victorian Civil and
10 Administrative Tribunal Act 1998 insert--
"(3) On the application of a person who is
entitled under section 73(4) to be joined as a
party the Tribunal must order that the person
be joined as a party.".
15 29 Constitution of Tribunal in proceedings
After section 64(3) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(4) If a provision of this Act, the rules or an
enabling enactment provides that a power of
20 the Tribunal is exercisable by any member,
then any member of the Tribunal may
exercise that power in a proceeding despite
any provision of this Act or an enabling
enactment that requires the Tribunal to be
25 constituted in a particular way for the
purposes of the proceeding.
Example
As section 80(2) provides that the Tribunal's power to
give directions is exercisable by any member, any
30 member may give directions in a proceeding under
Division 5 of Part 3 of the Pharmacy Regulation Act
2010 even though clause 51AE of Schedule 1 requires
the Tribunal to be constituted by at least 3 members
for the purposes of proceedings under that Division.
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(5) If a provision of this Act, the rules or an
enabling enactment provides that a power of
the Tribunal is exercisable by the principal
registrar, then the principal registrar may
5 exercise that power in a proceeding despite
any provision of this Act or an enabling
enactment that requires the Tribunal to be
constituted in a particular way for the
purposes of the proceeding.".
10 30 Intervention
After section 73(3) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(4) A person (other than the Small Business
Commissioner) who is entitled under this
15 Act or an enabling enactment to intervene in
a proceeding and who does intervene is
entitled to be joined as a party to the
proceeding.".
31 Mediation
20 Section 88(6) of the Victorian Civil and
Administrative Tribunal Act 1998 is repealed.
32 New section 93A inserted
After section 93 of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
25 "93A Party may object to mediator hearing the
proceeding
(1) This section applies in a proceeding that has
been the subject of unsuccessful mediation
by a mediator who is a member of the
30 Tribunal.
(2) If it is proposed that the mediator constitute
the Tribunal (whether with or without others)
for the purpose of hearing the proceeding,
the Tribunal must notify each party to the
35 proceeding of the party's right to object.
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s. 33
(3) A party to the proceeding may object to the
mediator constituting the Tribunal (whether
with or without others) for the purpose of
hearing the proceeding.
5 (4) The objection must be made to the Tribunal
before or at the commencement of the
hearing.
(5) If an objection is made, the mediator must
take no part, or no further part, in the
10 proceeding and, if necessary, the Tribunal
must be reconstituted.".
33 General procedure
After section 98(2) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
15 "(2A) Without limiting subsection (1), at the
hearing of a proceeding the Tribunal may
admit into evidence any material put before
the Tribunal at an earlier stage of the
proceeding, or any material put before the
20 Tribunal in another proceeding, if the
Tribunal considers it desirable to do so.
(2B) Subsection (2A) is subject to any other
provision of this Act, an enabling enactment
or any other law that provides that evidence
25 or material is not admissible in a proceeding.
Example
Section 85 provides that evidence of anything said or
done in the course of a compulsory conference is not
admissible except in certain circumstances.".
30 34 Power to award costs
After section 109(6) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(7) A power of the Tribunal under this section is
exercisable by any member.".
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35 Orders as to reimbursement or payment of fees
(1) In section 115B(3) of the Victorian Civil and
Administrative Tribunal Act 1998, after
"section 115C" insert "or 115CA".
5 (2) In the heading to section 115C of the Victorian
Civil and Administrative Tribunal Act 1998,
after "fees" insert "to successful party".
36 New section 115CA inserted
After section 115C of the Victorian Civil and
10 Administrative Tribunal Act 1998 insert--
"115CA Presumption of order for reimbursement
of fees in certain planning matters
(1) Subject to subsections (2) and (3), an
applicant to the Tribunal under section 79 of
15 the Planning and Environment Act 1987 is
entitled to an order under section 115B that
the responsible authority reimburse the
applicant the whole of any fees paid by the
applicant in the proceeding.
20 Note
Section 79 of the Planning and Environment Act
1987 enables an applicant for a planning permit to
apply to the Tribunal for review of a failure of the
responsible authority to grant the permit within the
25 prescribed time.
(2) If different fees are payable in a proceeding
under section 79 of the Planning and
Environment Act 1987 depending on an
election made by the applicant,
30 subsection (1) applies to entitle the applicant
to an order for reimbursement of only the
amount of the lowest of those fees.
Example
If different fees are payable depending on the list of
35 the Tribunal in which the applicant elects to have the
proceeding entered, then if the applicant elects to have
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Part 3--Victorian Civil and Administrative Tribunal
s. 37
the proceeding entered in a list that attracts a higher
fee, the applicant would only be entitled under
subsection (1) to an order for reimbursement of the
amount of the lowest of those fees.
5 (3) Subsection (1) does not apply if the
responsible authority satisfies the Tribunal
that there was reasonable justification for the
responsible authority to fail to grant the
permit before the application to the Tribunal,
10 having regard to--
(a) the nature and complexity of the permit
application; and
(b) the conduct of the applicant in relation
to the permit application; and
15 (c) any other matter beyond the reasonable
control of the responsible authority.".
37 Re-opening an order on substantive grounds
(1) For section 120(4)(a) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute--
20 "(a) hear and determine the application if it is
satisfied that--
(i) the applicant had a reasonable excuse
for not attending or being represented at
the hearing; and
25 (ii) it is appropriate to hear and determine
the application having regard to the
matters specified in subsection (4A);
and".
(2) After section 120(4) of the Victorian Civil and
30 Administrative Tribunal Act 1998 insert--
"(4A) For the purposes of subsection (4)(a)(ii), the
matters are--
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s. 38
(a) whether the applicant has a reasonable
case to argue in relation to the subject-
matter of the order; and
(b) any prejudice that may be caused to
5 another party if the application is heard
and determined.
(4B) The Tribunal may hear and determine an
application under this section despite
subsection (4A)(b) if the Tribunal is satisfied
10 that any prejudice that may be caused to a
party may be addressed by an order for costs
under section 109 or an order for
reimbursement of fees under section 115B
or both.
15 (4C) In deciding to hear and determine an
application under this section the Tribunal
may require the applicant to give any
undertaking as to costs or damages that the
Tribunal considers appropriate.".
20 38 Power to make rules
After section 157(3) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(4) Rules made in relation to service of
documents may provide for service outside
25 Australia of applications to the Tribunal only
with leave of the Tribunal constituted by a
member who is a legal practitioner.".
39 New section 168 inserted
After section 167 of the Victorian Civil and
30 Administrative Tribunal Act 1998 insert--
"168 Transitional provisions--Courts
Legislation Miscellaneous Amendments
Act 2014
(1) Subject to subsection (2), each amendment
35 made to this Act by Division 1 of Part 3 of
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Part 3--Victorian Civil and Administrative Tribunal
s. 40
the Courts Legislation Miscellaneous
Amendments Act 2014 (except section 26)
applies, on and after the coming into
operation of the amendment, in relation to all
5 proceedings in the Tribunal, whether those
proceedings were commenced before or after
the coming into operation of the amendment.
(2) Section 115CA applies only in relation to an
application to the Tribunal under section 79
10 of the Planning and Environment Act 1987
that is made on or after the coming into
operation of section 36 of the Courts
Legislation Miscellaneous Amendments
Act 2014.".
15 40 Definition of planning enactment in Schedule 1
In clause 2 of Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998, in the
definition of planning enactment--
(a) paragraph (e) is repealed;
20 (b) in paragraph (g) omit "and sections 36
and 39".
41 Parties to lodge grounds
(1) Insert the following heading to clause 56 of
Schedule 1 to the Victorian Civil and
25 Administrative Tribunal Act 1998--
"Person wishing to contest proceeding to lodge
grounds".
(2) After clause 56(4) of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998
30 insert--
"(5) A person who lodges a statement under
subclause (1) may lodge with the statement a
written notice that the person does not intend
to participate in the hearing of the
35 proceeding.
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s. 42
(6) If a person lodges a notice under
subclause (5), the person is not, or ceases to
be, a party to the proceeding (as the case
requires).".
5 42 Member of Tribunal can mediate
Clause 70 of Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998 is
repealed.
43 New clause 97A inserted in Schedule 1
10 After clause 97 of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998
insert--
"97A Valuer-general may intervene and be
represented
15 The valuer-general may intervene, and be
represented by a professional advocate, at
any time in a proceeding for review under
Division 4 of Part III of the Valuation of
Land Act 1960.".
20 44 Subject matter for rules
In Schedule 2 to the Victorian Civil and
Administrative Tribunal Act 1998, after
"Service of documents" insert ", including service
outside Victoria (including outside Australia)".
25 45 Statute law revision
In clause 5(2) of Schedule 3 to the Victorian
Civil and Administrative Tribunal Act 1998,
for "subsection (1)" substitute "subclause (1)".
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s. 46
Division 2--Further amendments to Victorian Civil and
Administrative Tribunal Act 1998
46 Definitions
In section 3 of the Victorian Civil and
5 Administrative Tribunal Act 1998--
(a) insert the following definition--
"part-time service arrangement means an
arrangement entered into under
section 18A;";
10 (b) for the definition of full-time member
substitute--
"full-time member means--
(a) the President or a Vice President,
other than a Vice President who is
15 undertaking the duties of a Vice
President on a part-time or
sessional basis under
section 11A(2A); or
(b) a Deputy President, senior
20 member or ordinary member who
is appointed on a non-sessional
basis and who is not undertaking
the duties of office on a part-time
basis;";
25 (c) the definition of part-time member is
repealed.
47 Deputy Presidents, senior members and ordinary
members
(1) For section 12(4) of the Victorian Civil and
30 Administrative Tribunal Act 1998 substitute--
"(4) A Deputy President may only be appointed
on a non-sessional basis.".
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(2) For section 13(4) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute--
"(4) A senior member may be appointed on a
sessional or a non-sessional basis.".
5 (3) For section 14(4) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute--
"(4) An ordinary member may be appointed on a
sessional or a non-sessional basis.".
48 Appointment of members
10 After section 16(7) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(8) The instrument of appointment of a Deputy
President, senior member or ordinary
member may indicate that the member is to
15 commence undertaking the duties of office
on a part-time basis and, if so, may specify
the proportion of full-time duties to be
worked by the member.
(9) If a member's instrument of appointment
20 indicates that the member is to commence
undertaking the duties of office on a
part-time basis, the member is taken to have
entered into a part-time service arrangement,
which may be varied or terminated
25 accordingly.".
49 Remuneration and allowances
(1) Insert the following heading to section 17 of the
Victorian Civil and Administrative Tribunal
Act 1998--
30 "Terms and conditions of service".
(2) For section 17(1) and (2) of the Victorian Civil
and Administrative Tribunal Act 1998
substitute--
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"(1) A member is subject to the terms and
conditions, including remuneration and
allowances, that are determined from time to
time by Order of the Governor in Council.
5 (2) The Governor in Council may under
subsection (1) determine different terms and
conditions for different classes of
members.".
(3) After section 17(3) of the Victorian Civil and
10 Administrative Tribunal Act 1998 insert--
"(3A) An Order of the Governor in Council under
this section may apply, adopt or incorporate
by reference any document formulated or
published by a person or body, whether--
15 (a) without modification or as modified by
the Order; or
(b) as formulated or published on or before
the date when the Order is made; or
(c) as formulated or published from time to
20 time.".
50 Prohibition on outside employment
In section 18 of the Victorian Civil and
Administrative Tribunal Act 1998, for
"appointed on a full-time basis" substitute
25 "a full-time member".
51 New sections 18A, 18B and 18C inserted
After section 18 of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"18A Entry into part-time service arrangement
30 (1) A Deputy President, senior member or
ordinary member may enter into an
arrangement with the President to undertake
the duties of office on a part-time basis.
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(2) A part-time service arrangement--
(a) must be in writing; and
(b) must specify the proportion of full-time
duties to be worked by the member,
5 which must be a minimum of 0·4 of
full-time duties; and
(c) may specify an expiry date, but is not
required to do so.
(3) The President may have regard to the
10 following factors in considering whether to
enter into a part-time service arrangement--
(a) the operational needs of the Tribunal;
(b) the personal and professional
circumstances of the member;
15 (c) parity and equity with other members;
(d) any other relevant consideration.
(4) A part-time service arrangement takes effect
from the date specified in the part-time
service arrangement.
20 (5) A Deputy President, senior member or
ordinary member to whom a part-time
service agreement applies is entitled to
receive a pro-rata amount of the
remuneration applicable to a Deputy
25 President, senior member or ordinary
member (as the case requires) appointed on a
non-sessional basis who is undertaking the
duties of office on a full-time basis.
(6) This section does not apply to a senior
30 member or ordinary member who is
appointed on a sessional basis.
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18B Variation of part-time service
arrangement
(1) A part-time service arrangement may be
varied by agreement between the member to
5 whom the arrangement applies and the
President.
(2) A variation of a part-time service
arrangement--
(a) must be in writing; and
10 (b) must specify the proportion of full-time
duties to be worked by the member,
which must be a minimum of 0·4 of
full-time duties.
(3) The President may have regard to the factors
15 referred to in section 18A(3) in considering
whether to vary a part-time service
arrangement.
(4) A variation of a part-time service
arrangement takes effect from the date
20 specified in the written variation of the
part-time service arrangement.
18C Termination of part-time service
arrangement
(1) A part-time service arrangement is
25 terminated if the appointment of the member
to whom the arrangement applies is amended
from a non-sessional basis to a sessional
basis.
Note
30 See section 16B(2).
(2) A part-time service arrangement may be
terminated by agreement between the
member to whom the arrangement applies
and the President.".
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52 Transitional provisions--Courts Legislation
Miscellaneous Amendments Act 2014
After section 168(2) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
5 "(3) A Deputy President, senior member or
ordinary member who was appointed on a
part-time basis and who held office
immediately before the commencement of
section 47 of the Courts Legislation
10 Miscellaneous Amendments Act 2014, on
and after that commencement--
(a) continues to hold office as a Deputy
President, senior member or ordinary
member (as the case requires); and
15 (b) is taken to be serving under a part-time
service arrangement on the same terms
as applied to the person immediately
before that commencement.
(4) A Deputy President, senior member or
20 ordinary member who was appointed on a
full-time basis and who held office
immediately before the commencement of
section 47 of the Courts Legislation
Miscellaneous Amendments Act 2014, on
25 and after that commencement continues to
hold office as a Deputy President, senior
member or ordinary member (as the case
requires) on the same terms as applied to the
person immediately before that
30 commencement.
(5) To avoid doubt, nothing in this Act prevents
a person referred to in subsection (4) from
entering into a part-time service
arrangement.".
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Division 3--Amendment of Enabling Enactments
53 Planning and Environment Act 1987--Parties to
review
See: (1) After section 83(2) of the Planning and
Act No.
5 45/1987. Environment Act 1987 insert--
Reprint No. 11
as at "(2A) Subsection (2) does not apply if the objector
28 October
2013
lodges notice under clause 56(5) of
and Schedule 1 to the Victorian Civil and
amending
Act Nos
Administrative Tribunal Act 1998.".
70/2013 and
10 17/2014. (2) After section 83(3) of the Planning and
LawToday: Environment Act 1987 insert--
www.
legislation. "(4) In addition to any other party to a proceeding
vic.gov.au
for review under section 82, the applicant for
the permit is a party to the proceeding.".
15 54 Planning and Environment Act 1987--Injunctions
(1) In section 125 of the Planning and Environment
Act 1987, after "jurisdiction" insert "or to the
Tribunal".
(2) At the end of section 125 of the Planning and
20 Environment Act 1987 insert--
"(2) Section 123 of the Victorian Civil and
Administrative Tribunal Act 1998 applies
on an application to the Tribunal under
subsection (1).".
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55 Retail Leases Act 2003--Meaning of retail tenancy
dispute
After section 81(1) of the Retail Leases Act 2003 See:
Act No.
insert-- 4/2003.
Reprint No. 2
5 "(1A) In addition, a retail tenancy dispute as at
16 May 2013
includes-- and
amending
(a) a dispute between a landlord and a Act No.
guarantor of a tenant's obligations 17/2014.
LawToday:
under a lease arising in circumstances www.
10 referred to in subsection (1)(a), (b) legislation.
vic.gov.au
or (c); and
(b) a dispute between a landlord and a
person who has given an indemnity to
the landlord for loss or damage arising
15 as a result of a breach by a tenant of a
lease in circumstances referred to in
subsection (1)(a), (b) or (c).".
56 Retail Leases Act 2003--Referral of retail tenancy
disputes for alternative dispute resolution
20 After section 86(1) of the Retail Leases Act 2003
insert--
"(1A) A guarantor of a tenant's obligations under a
lease who has been called on to perform any
of those obligations may refer a retail
25 tenancy dispute referred to in section 81(1A)
to the Small Business Commissioner for
mediation.
(1B) A person who has given an indemnity to a
landlord for loss or damage arising as a
30 result of a breach by a tenant of a lease and
who has been called on to indemnify the
landlord accordingly may refer a retail
tenancy dispute referred to in section 81(1A)
to the Small Business Commissioner for
35 mediation.".
571503B.I-24/6/2014 37 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 3--Victorian Civil and Administrative Tribunal
s. 57
57 Retail Leases Act 2003--Jurisdiction of Tribunal
(1) For section 89(1) of the Retail Leases Act 2003
substitute--
"(1) The Tribunal has jurisdiction to hear and
5 determine an application by any of the
following persons seeking resolution of a
retail tenancy dispute--
(a) a landlord or tenant under a retail
premises lease;
10 (b) a guarantor of a tenant's obligations
under a retail premises lease;
(c) a person who has given an indemnity to
a landlord for loss or damage arising as
a result of a breach by a tenant of a
15 retail premises lease;
(d) a specialist retail valuer.".
(2) In section 89(4) of the Retail Leases Act 2003--
(a) in paragraph (b), for "Conduct)--"
substitute "Conduct); or";
20 (b) after paragraph (b) insert--
"(c) a retail tenancy dispute referred to in
section 81(1A)--".
571503B.I-24/6/2014 38 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 3--Victorian Civil and Administrative Tribunal
s. 58
58 Transport Accident Act 1986--Application to
Tribunal
(1) In section 77(1) of the Transport Accident Act See:
Act No.
1986 omit ", within 12 months after becoming 111/1986.
5 aware of the decision,". Reprint No. 13
as at
1 January
(2) After section 77(1) of the Transport Accident 2014 and
Act 1986 insert-- amending
Act Nos
"(1A) An application under subsection (1) must be 30/2013,
67/2013 and
made-- 26/2014.
LawToday:
10 (a) within 12 months after the person www.
becomes aware of the decision; or legislation.
vic.gov.au
(b) if the decision has been the subject of
an application for a pre-issue review
under the Protocols, within 3 months
15 after the Commission notifies the
person in accordance with the Protocols
of its decision on the application.".
(3) After section 77(4) of the Transport Accident
Act 1986 insert--
20 "(5) In this section--
Protocols means the No Fault Dispute
Resolution Protocols agreed between
the Commission, the Law Institute of
Victoria and the Australian Lawyers
25 Alliance on 1 March 2005 as amended
from time to time.".
571503B.I-24/6/2014 39 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 3--Victorian Civil and Administrative Tribunal
s. 59
59 Transport Accident Act 1986--New Division 9
inserted in Part 11
At the end of Part 11 of the Transport Accident
Act 1986 insert--
5 "Division 9--Courts Legislation Miscellaneous
Amendments Act 2014
228 Application to Tribunal
(1) Section 77(1) as amended by the amending
Act and section 77(1A) as inserted by the
10 amending Act apply to--
(a) a decision of which a person becomes
aware on or after the commencement
day; and
(b) a decision of which a person became
15 aware within 12 months before the
commencement day, unless the person
had applied for review of the decision
under section 77(1) before the
commencement day.
20 (2) In this section--
amending Act means the Courts
Legislation Miscellaneous
Amendments Act 2014;
commencement day means the day on which
25 section 59 of the amending Act comes
into operation.".
60 Valuation of Land Act 1960--Functions of valuer-
general
For section 5(1)(a) of the Valuation of Land Act
30 1960 substitute--
"(a) to carry out the duties and functions
conferred by this or any other Act;".
__________________
571503B.I-24/6/2014 40 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 4--Coroners
s. 61
PART 4--CORONERS
61 Certain reportable deaths do not require
investigation
(1) In section 17(1) of the Coroners Act 2008, for See:
Act No.
5 "A coroner" substitute "Subject to subsection (3), 77/2008.
a coroner". Reprint No. 1
as at
21 July 2011
(2) After section 17(2) of the Coroners Act 2008 and
insert-- amending
Act Nos
"(3) This section does not apply to a reportable 52/2012,
83/2012,
10 death of a person who, immediately before 5/2013 and
death, was a person placed in custody or 63/2013.
LawToday:
care. www.
legislation.
Note vic.gov.au
See section 52 which provides for the investigatory
15 requirements in respect of a death due to natural
causes where the deceased was, immediately before
death, a person placed in custody or care.".
62 Objections to autopsy
(1) For section 26(2) of the Coroners Act 2008
20 substitute--
"(2) Within 48 hours after receiving notice under
subsection (1), the senior next of kin may--
(a) ask the coroner to reconsider the
direction that an autopsy be performed;
25 or
(b) if the senior next of kin does not object
to the autopsy and would like the
autopsy to be performed without delay,
consent, in accordance with the rules, to
30 the waiver of the period remaining for
the senior next of kin to make a request
under paragraph (a).".
(2) In section 26(3) of the Coroners Act 2008, for
"subsection (2)" substitute "subsection (2)(a)".
571503B.I-24/6/2014 41 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 4--Coroners
s. 63
(3) For section 26(4)(b) of the Coroners Act 2008
substitute--
"(b) subject to paragraph (c), if--
(i) a request has been made under
5 subsection (2)(a), 48 hours after the
notice is given under subsection (3); or
(ii) the remainder of the period specified in
subsection (2) has been waived by the
senior next of kin under subsection
10 (2)(b), on the giving of the waiver; or".
63 Documents and prepared statements requested by
coroner
(1) In the heading to section 42 of the Coroners Act
2008, for "requested" substitute "required".
15 (2) In section 42(2) of the Coroners Act 2008--
(a) for "request made by the coroner" substitute
"requirement";
(b) in paragraph (b) for "request" substitute
"requirement".
20 (3) In section 42(3) of the Coroners Act 2008--
(a) for "requested" substitute "required";
(b) for "request" substitute "requirement".
64 Inquest into a death
(1) In section 52(2) of the Coroners Act 2008, for
25 "subsection (3)" substitute "subsections (3)
and (3A)".
(2) After section 52(3) of the Coroners Act 2008
insert--
"(3A) The coroner is not required to hold an
30 inquest in the circumstances set out in
subsection (2)(b) if the coroner considers
that the death was due to natural causes.
571503B.I-24/6/2014 42 BILL LA INTRODUCTION 24/6/2014
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Part 4--Coroners
s. 65
(3B) For the purposes of subsection (3A), a death
may be considered to be due to natural
causes if the coroner has received a report
from a medical investigator, in accordance
5 with the rules, that includes an opinion that
the death was due to natural causes.".
(3) In section 52(4) of the Coroners Act 2008, for
"subsection (3)" substitute "subsections (3)
and (3A)".
10 65 Publication of findings and reports
After section 73(1) of the Coroners Act 2008
insert--
"(1A) Subject to subsection (1B), the findings,
comments and recommendations made
15 following an investigation may be published
on the Internet in accordance with the rules.
(1B) A finding made following an investigation of
a death of a deceased who was, immediately
before the death, a person placed in custody
20 or care that the death was due to natural
causes must be published on the Internet in
accordance with the rules.".
66 Appeal in relation to determination that death not a
reportable death
25 In section 78(2) of the Coroners Act 2008, for
"3 months" substitute "28 days".
67 Appeal in relation to determination of coroner not
to investigate a fire
In section 80(2) of the Coroners Act 2008, for
30 "3 months" substitute "28 days".
68 Appeal in relation to determination not to hold an
inquest
(1) In section 82(2) of the Coroners Act 2008, for
"3 months" substitute "28 days".
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Part 4--Coroners
s. 69
(2) At the foot of section 82 of the Coroners Act
2008 insert--
"Note
See also section 87A.".
5 69 Appeal against findings of a coroner
In section 83(3) of the Coroners Act 2008, for
"6 months" substitute "2 months".
70 Appeal against refusal by coroner to re-open
investigation
10 (1) In section 84(2) of the Coroners Act 2008, for
"3 months" substitute "28 days".
(2) At the foot of section 84 of the Coroners Act
2008 insert--
"Note
15 See also section 87A.".
71 Appeal to Supreme Court is on a question of law
(1) In the heading to section 87 of the Coroners Act
2008 omit "is on a question of law".
(2) In section 87(1) of the Coroners Act 2008, for
20 "An appeal" substitute "Subject to section 87A,
an appeal".
72 New section 87A inserted
After section 87 of the Coroners Act 2008
insert--
25 "87A Appeal to Supreme Court in the interests
of justice
(1) An appeal to the Supreme Court other than
on a question of law may be made under
section 82(1) in respect of a decision by a
30 coroner to not hold an inquest into a death,
or section 84(1) in respect of a refusal by the
Coroners Court to re-open an investigation
into a death, if the appeal is made by--
571503B.I-24/6/2014 44 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 4--Coroners
s. 73
(a) the senior next of kin of the deceased;
or
(b) a person with sufficient interest.
(2) The Supreme Court may allow an appeal
5 under subsection (1) if it is satisfied that it is
necessary or desirable in the interests of
justice to do so.".
73 Rules of the Coroners Court
After section 105(1)(ba) of the Coroners Act
10 2008 insert--
"(bb) the manner of making a waiver under
section 26(2)(b) and the recording of such of
a waiver;".
74 Access to documents
15 (1) For section 115(1) of the Coroners Act 2008
substitute--
"(1) Unless otherwise ordered by the coroner, the
principal registrar must--
(a) provide the senior next of kin of a
20 deceased person written notice, in
accordance with the rules, specifying--
(i) that reports have been given to a
coroner as a result of a medical
examination performed on the
25 deceased; and
(ii) that the senior next of kin may
request copies of those reports;
and
(iii) the manner in which the senior
30 next of kin may request copies of
those reports; and
571503B.I-24/6/2014 45 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 4--Coroners
s. 75
(b) if an inquest is to be held, provide an
interested party with a copy of the
coronial brief.".
(2) In section 115(7) of the Coroners Act 2008--
5 (a) for "inquest brief" substitute "coronial
brief";
(b) in paragraph (c), for "an inquest" substitute
"a coronial investigation";
(c) in paragraph (d), for "the inquest" substitute
10 "the coronial investigation".
(3) In section 115(8) of the Coroners Act 2008--
(a) for "an inquest brief" substitute "a coronial
brief";
(b) for "the inquest" substitute "the coronial
15 investigation".
75 New section 120 inserted
After section 119 of the Coroners Act 2008
insert--
"120 Transitional provision--Courts
20 Legislation Miscellaneous Amendments
Act 2014
(1) In this section--
amending Act means the Courts
Legislation Miscellaneous
25 Amendments Act 2014;
commencement day means the day on which
section 64 of the amending Act comes
into operation.
(2) Section 52, as in force on the
30 commencement day, applies to a death of a
deceased who was, immediately before the
death, a person placed in custody or care if,
immediately before the commencement day,
571503B.I-24/6/2014 46 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 4--Coroners
s. 75
an investigation into that death has not been
completed by the coroner.".
__________________
571503B.I-24/6/2014 47 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 5--Court Security
s. 76
PART 5--COURT SECURITY
76 Definitions
See: In section 2(1) of the Court Security Act 1980
Act No.
9499. insert the following definitions--
Reprint No. 3
5 as at "Australian legal practitioner has the same
7 August 2013
and
meaning as in the Legal Profession Act
amending 2004;
Act Nos
68/2013 and Court Services Victoria has the same meaning as
37/2014.
LawToday: in the Court Services Victoria Act 2014;
www.
10 legislation. judicial officer includes a non-judicial member of
vic.gov.au VCAT;
news media organisation has the same meaning
as in the Open Courts Act 2013;
proceeding means a proceeding in the Supreme
15 Court, the County Court, the Magistrates'
Court, the Children's Court, the Coroners
Court, VCAT or the Victims of Crime
Assistance Tribunal;
publish means disseminate or provide access to
20 the public by any means, including--
(a) by publication in a book, newspaper,
magazine or other written publication;
or
(b) broadcast by radio or television; or
25 (c) by electronic communication; or
(d) by public exhibition;
recording means all or part of an audio, visual or
audiovisual recording and includes a
photograph;".
571503B.I-24/6/2014 48 BILL LA INTRODUCTION 24/6/2014
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Part 5--Court Security
s. 77
77 Heading to section 4 inserted
Insert the following heading to section 4 of the
Court Security Act 1980--
"Offence to carry or possess firearm, explosive
5 substance or offensive weapon on court
premises".
78 New sections 4A, 4B and 4C inserted
After section 4 of the Court Security Act 1980
insert--
10 "4A Offence to record proceeding
(1) A person must not intentionally make a
recording of a proceeding except in
accordance with subsection (2), (3) or (4).
Penalty: 20 penalty units.
15 (2) An officer, employee or agent, or any person
authorised by or on behalf, of Court Services
Victoria may make a recording of a
proceeding if that person does so in the
course of the person's engagement,
20 employment or contract.
Example
To enable the preparation of an official transcript of a
court proceeding.
(3) Subject to any direction of a judicial
25 officer--
(a) a representative of a news media
organisation may make an audio
recording of a proceeding for the
purpose of preparing a media report;
30 and
(b) an Australian legal practitioner or other
prescribed person may make an audio
recording of a proceeding for the
571503B.I-24/6/2014 49 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 5--Court Security
s. 78
purposes of the legal representation of a
person in that proceeding.
(4) A person may make a recording of a
proceeding if--
5 (a) express written permission is given by a
judicial officer, whether in respect of--
(i) a specific proceeding or class of
proceedings; or
(ii) generally; or
10 (b) required by or authorised under any
other Act or subordinate instrument; or
(c) the recording is of a prescribed class of
recordings.
4B Offence to publish recording of
15 proceeding
(1) A person must not intentionally publish a
recording of a proceeding except in
accordance with subsection (2).
Penalty: 20 penalty units.
20 (2) A person may publish a recording of a
proceeding if express written permission is
given by a judicial officer, whether--
(a) in respect of a specific proceeding or
class of proceedings or generally; or
25 (b) for a specific purpose; or
(c) subject to specified conditions; or
(d) in respect of a specific recording or
class of recordings; or
(e) as provided for in any combination of
30 paragraphs (a), (b), (c) or (d).
571503B.I-24/6/2014 50 BILL LA INTRODUCTION 24/6/2014
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Part 5--Court Security
s. 78
(3) A person who, after publishing a recording
of a proceeding, becomes aware that the
recording is not a recording permitted to be
made under section 4A(2), (3) or (4) or
5 permitted to be published under
subsection (1) must take all reasonable steps
within that person's power to remove from
publication or take down that recording.
Penalty: 20 penalty units.
10 (4) A person is not liable to be prosecuted for an
offence against both subsection (1) and
section 4C(1) in respect of the same
recording.
4C Offence to transmit to or give recording of
15 proceeding to another person
(1) A person must not intentionally transmit to
or give a recording of a proceeding to
another person except in accordance with
subsection (2), (3) or (4).
20 Penalty: 20 penalty units.
(2) An officer, employee or agent, or any person
authorised by or on behalf, of Court Services
Victoria may transmit a recording of a
proceeding if that person does so in the
25 course of the person's engagement,
employment or contract.
Example
To enable the preparation of an official transcript of a
court proceeding.
30 (3) Subject to any direction of a judicial
officer--
(a) a representative of a news media
organisation may transmit an audio
recording of a proceeding made in
35 accordance with section 4A(3)(a) to
571503B.I-24/6/2014 51 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 5--Court Security
s. 79
another employee or agent of that news
media organisation to enable that news
media organisation to prepare a media
report; and
5 (b) an Australian legal practitioner or other
prescribed person may transmit an
audio recording of a proceeding made
in accordance with section 4A(3)(b) to
another person assisting with the legal
10 representation of the person referred to
in that section in that proceeding.
(4) A person may transmit or give a recording of
a proceeding to another person if--
(a) express written permission is given by a
15 judicial officer, whether in respect of--
(i) a specific proceeding or class of
proceedings; or
(ii) generally; or
(b) required by or authorised under any
20 other Act or subordinate instrument; or
(c) the recording is of a prescribed class of
recordings.".
79 Regulations
At the end of section 6 of the Court Security Act
25 1980 insert--
"(2) The regulations--
(a) may be of general or limited
application;
(b) may differ according to differences in
30 time, place or circumstances;
571503B.I-24/6/2014 52 BILL LA INTRODUCTION 24/6/2014
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Part 5--Court Security
s. 80
(c) without limiting paragraph (b), may
make different provision for different
courts or tribunals or classes of courts
or tribunals.".
5 80 Consequential amendment to Legal Profession See:
Act No.
Uniform Law Application Act 2014 17/2014
and
After item 26 of Schedule 2 to the Legal amending
Act No.
Profession Uniform Law Application Act 2014 37/2014.
insert-- StatuteBook:
www.
10 "26A Court Security Act 1980 legislation.
vic.gov.au
26A.1 In section 2(1), the definition of Australian
legal practitioner is repealed.".
__________________
571503B.I-24/6/2014 53 BILL LA INTRODUCTION 24/6/2014
Courts Legislation Miscellaneous Amendments Bill 2014
Part 6--Judicial Registrars
s. 81
PART 6--JUDICIAL REGISTRARS
Division 1--Supreme Court Act 1986
81 Guidelines relating to the appointment of judicial
registrars
5 In section 113D(1)(a) of the Supreme Court Act
1986, after "appointment" insert "(including re-
appointment)".
82 Appointment by the Governor in Council
In section 113F(5) of the Supreme Court Act
10 1986, after "re-appointment" insert "in
accordance with section 113E and this section if
the Chief Justice recommends to the Attorney-
General that the person be re-appointed".
83 Remuneration and terms and conditions of
15 appointment
At the end of section 113G of the Supreme Court
Act 1986 insert--
"(8) Nothing in this section authorises the salary
or the aggregate value of the allowances
20 payable to a judicial registrar to be
reduced.".
84 New section 113GB inserted
Before section 113H of the Supreme Court Act
1986 insert--
25 "113GB Oath or affirmation of office
(1) A judicial registrar must take an oath or
affirmation of office in the prescribed form
and manner.
(2) Subsection (1) only applies to a person who
30 is appointed or re-appointed as a judicial
registrar on or after the commencement of
section 84 of the Courts Legislation
Miscellaneous Amendments Act 2014.
571503B.I-24/6/2014 54 BILL LA INTRODUCTION 24/6/2014
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Part 6--Judicial Registrars
s. 85
(3) A failure by a person to take an oath or
affirmation of office in accordance with this
section does not invalidate anything done by
that person as a judicial registrar.".
5 85 Section 113M substituted
For section 113M of the Supreme Court Act
1986 substitute--
"113M Appeal from or review of determination of
Court constituted by judicial registrar
10 (1) The Rules may provide for appeals from or
reviews of a determination of the Court
constituted by a judicial registrar--
(a) whether in respect of--
(i) the hearing and determination of
15 any proceeding (whether criminal
or civil); or
(ii) any interlocutory application; and
(b) whether in respect of specified kinds of
application or proceeding or generally;
20 and
(c) by specifying whether the procedure is
by way of appeal or review or both; and
(d) by specifying the way in which the
Court may be constituted for those
25 appeals or reviews.
(2) The powers in subsection (1) are in addition
to and do not limit any power to make Rules
under section 25.
(3) Unless the Rules otherwise provide, a
30 determination of the Court constituted by a
judicial registrar may be appealed from or
reviewed--
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Part 6--Judicial Registrars
s. 85
(a) on application of a party to the
proceeding; or
(b) on the Court's own motion.
(4) If the Rules do not provide for an appeal
5 from or a review of a determination of the
Court constituted by a judicial registrar, the
determination is to be subject to a review or
an appeal conducted--
(a) by way of hearing de novo by the Court
10 constituted--
(i) in the case of a determination of
the Court of Appeal constituted by
a judicial registrar, by a Judge of
Appeal; and
15 (ii) in the case of a determination of
the Trial Division constituted by a
judicial registrar, by a Judge of the
Court; and
(b) otherwise in accordance with the Rules,
20 if any.
(5) This section does not apply to a
determination of the Costs Court constituted
by a judicial registrar under Division 2B of
Part 2 which is to be dealt with in accordance
25 with section 17HA and the Rules.".
571503B.I-24/6/2014 56 BILL LA INTRODUCTION 24/6/2014
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Part 6--Judicial Registrars
s. 86
Division 2--County Court Act 1958
86 Guidelines relating to the appointment of judicial
registrars
In section 17M(1)(a) of the County Court Act See:
Act No.
5 1958, after "appointment" insert "(including 6230.
re-appointment)". Reprint No. 15
as at
1 May 2013
and
amending
Act Nos
6230,
28/2013,
58/2013,
63/2013,
67/2013,
68/2013,
70/2013,
17/2014,
25/2014 and
37/2014.
LawToday:
www.
legislation.
vic.gov.au
87 Appointment by the Governor in Council
In section 17O(5) of the County Court Act 1958,
after "re-appointment" insert "in accordance with
10 section 17N and this section if the Chief Judge
recommends to the Attorney-General that the
person be re-appointed".
88 Remuneration and terms and conditions of
appointment
15 At the end of section 17P of the County Court
Act 1986 insert--
"(8) Nothing in this section authorises the salary
or the aggregate value of the allowances
payable to a judicial registrar to be
20 reduced.".
571503B.I-24/6/2014 57 BILL LA INTRODUCTION 24/6/2014
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Part 6--Judicial Registrars
s. 89
89 New section 17PA inserted
After section 17P of the County Court Act 1958
insert--
"17PA Oath or affirmation of office
5 (1) A judicial registrar must take an oath or
affirmation of office in the prescribed form
and manner.
(2) Subsection (1) only applies to a person who
is appointed or re-appointed as a judicial
10 registrar on or after the commencement of
section 89 of the Courts Legislation
Miscellaneous Amendments Act 2014.
(3) A failure by a person to take an oath or
affirmation of office in accordance with this
15 section does not invalidate anything done by
that person as a judicial registrar.".
90 Section 17V substituted
For section 17V of the County Court Act 1958
substitute--
20 "17V Appeal from or review of determination of
court constituted by judicial registrar
(1) The Rules may provide for appeals from or
reviews of a determination of the court
constituted by a judicial registrar--
25 (a) whether in respect of--
(i) the hearing and determination of
any proceeding (whether criminal
or civil); or
(ii) any interlocutory application; and
30 (b) whether in respect of specified kinds of
application or proceeding or generally;
and
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Part 6--Judicial Registrars
s. 90
(c) by specifying whether the procedure is
by way of appeal or review or both; and
(d) by specifying the way in which the
court may be constituted for those
5 appeals or reviews.
(2) The powers in subsection (1) are in addition
to and do not limit any power to make Rules
under section 78.
(3) Unless the Rules otherwise provide, a
10 determination of the court constituted by a
judicial registrar may be appealed from or
reviewed--
(a) on application of a party to the
proceeding; or
15 (b) on the court's own motion.
(4) If the Rules do not provide for an appeal
from or a review of a determination of the
court constituted by a judicial registrar, the
determination is to be subject to a review or
20 an appeal conducted--
(a) by way of hearing de novo by the court
constituted by a judge of the court; and
(b) otherwise in accordance with the Rules,
if any.".
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Part 6--Judicial Registrars
s. 91
Division 3--Magistrates' Court Act 1989
91 Guidelines relating to the appointment of judicial
registrars
See: In section 16B(1)(a) of the Magistrates' Court
Act No.
5 51/1989. Act 1989, after "appointment" insert "(including
Reprint No. 18 re-appointment)".
as at
7 March 2014
and
amending
Act Nos
51/1989,
12/2010,
32/2013,
67/2013,
1/2014,
17/2014,
25/2014,
26/2014,
32/2014 and
37/2014.
LawToday:
www.
legislation.
vic.gov.au
92 Appointment of judicial registrars
In section 16C(7) of the Magistrates' Court Act
1989, after "re-appointment" insert "in
10 accordance with this section if the Chief
Magistrate recommends to the Attorney-General
that the person be re-appointed".
93 Terms and conditions of appointment
At the end of section 16D of the Magistrates'
15 Court Act 1989 insert--
"(7) Nothing in this section authorises the salary
or the aggregate value of the allowances
payable to a judicial registrar to be
reduced.".
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Part 6--Judicial Registrars
s. 94
94 New section 16DB inserted
Before section 16E of the Magistrates' Court
Act 1989 insert--
"16DB Oath or affirmation of office
5 (1) A judicial registrar must take an oath or
affirmation of office in the prescribed form
and manner.
(2) Subsection (1) only applies to a person who
is appointed or re-appointed as a judicial
10 registrar on or after the commencement of
section 94 of the Courts Legislation
Miscellaneous Amendments Act 2014.
(3) A failure by a person to take an oath or
affirmation of office in accordance with this
15 section does not invalidate anything done by
that person as a judicial registrar.".
95 Rules of Court
In section 16I of the Magistrates' Court Act
1989--
20 (a) in paragraph (b)(vi) for "1991." substitute
"1991;";
(b) after paragraph (b) insert--
"(c) reviews of, and appeals from, the court
constituted by a judicial registrar.".
25 96 Section 16K substituted
For section 16K of the Magistrates' Court Act
1989 substitute--
"16K Appeal from or review of determination of
Court constituted by judicial registrar
30 (1) The rules may provide for appeals from or
reviews of a determination of the Court
constituted by a judicial registrar--
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s. 96
(a) whether in respect of--
(i) the hearing and determination of
any proceeding (whether criminal
or civil); or
5 (ii) any interlocutory application; and
(b) whether in respect of specified kinds of
application or proceeding or generally;
and
(c) by specifying whether the procedure is
10 by way of appeal or review or both; and
(d) by specifying the way in which the
Court may be constituted for those
appeals or reviews.
(2) The powers in subsection (1) are in addition
15 to and do not limit any power to make rules
under section 16I.
(3) Unless the rules otherwise provide, a
determination of the Court constituted by a
judicial registrar may be appealed from or
20 reviewed--
(a) on application of a party to the
proceeding; or
(b) on the Court's own motion.
(4) If the rules do not provide for an appeal from
25 or a review of a determination of the Court
constituted by a judicial registrar, the
determination is to be subject to a review or
an appeal conducted--
(a) by way of hearing de novo by the Court
30 constituted by a magistrate; and
(b) otherwise in accordance with the rules,
if any.".
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Part 6--Judicial Registrars
s. 97
Division 4--Children, Youth and Families Act 2005
97 Guidelines relating to the appointment of judicial
registrars
In section 542B(1)(a) of the Children, Youth and See:
Act No.
5 Families Act 2005, after "appointment" insert 96/2005.
"(including re-appointment)". Reprint No. 4
as at
27 March
2013
and
amending
Act Nos
96/2005,
9/2013,
30/2013,
52/2013,
63/2013,
67/2013,
74/2013,
17/2014,
19/2014,
26/2014,
29/2014,
36/2014 and
37/2014.
LawToday:
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legislation.
vic.gov.au
98 Appointment by Governor in Council
In section 542D(5) of the Children, Youth and
Families Act 2005, after "re-appointment" insert
10 "in accordance with section 542C and this section
if the President recommends to the Attorney-
General that the person be re-appointed".
99 Remuneration and terms and conditions of
appointment
15 At the end of section 542E of the Children,
Youth and Families Act 2005 insert--
"(8) Nothing in this section authorises the salary
or the aggregate value of the allowances
payable to a judicial registrar to be
20 reduced.".
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Part 6--Judicial Registrars
s. 100
100 New section 542EA inserted
After section 542E of the Children, Youth and
Families Act 2005 insert--
"542EA Oath or affirmation of office
5 (1) A judicial registrar must take an oath or
affirmation of office in the prescribed form
and manner.
(2) Subsection (1) only applies to a person who
is appointed or re-appointed as a judicial
10 registrar on or after the commencement of
section 100 of the Courts Legislation
Miscellaneous Amendments Act 2014.
(3) A failure by a person to take an oath or
affirmation of office in accordance with this
15 section does not invalidate anything done by
that person as a judicial registrar.".
101 Section 542K substituted
For section 542K of the Children, Youth and
Families Act 2005 substitute--
20 "542K Appeal from or review of determination of
Court constituted by judicial registrar
(1) The rules of court may provide for appeals
from or reviews of a determination of the
Court constituted by a judicial registrar--
25 (a) whether in respect of--
(i) the hearing and determination of
any proceeding; or
(ii) any interlocutory application; and
(b) whether in respect of specified kinds of
30 application or proceeding or generally;
and
(c) by specifying whether the procedure is
by way of appeal or review or both; and
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Part 6--Judicial Registrars
s. 102
(d) by specifying the way in which the
Court may be constituted for those
appeals or reviews.
(2) The powers in subsection (1) are in addition
5 to and do not limit any power to make rules
of court under section 588.
(3) Unless the rules of court otherwise provide, a
determination of the Court constituted by a
judicial registrar may be appealed from or
10 reviewed--
(a) on application of a party to the
proceeding; or
(b) on the Court's own motion.
(4) If the rules of court do not provide for an
15 appeal from or a review of a decision of the
Court constituted by a judicial registrar, the
decision is to be subject to a review or an
appeal conducted--
(a) by way of hearing de novo by the court
20 constituted by a magistrate for the
Court; and
(b) otherwise in accordance with the rules
of court, if any.".
Division 5--Coroners Act 2008
25 102 Guidelines relating to the appointment of judicial
registrars
In section 102B(1)(a) of the Coroners Act 2008,
after "appointment" insert "(including
re-appointment)".
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Part 6--Judicial Registrars
s. 103
103 Appointment by Governor in Council
In section 102D(5) of the Coroners Act 2008,
after "re-appointment" insert "in accordance with
section 102C and this section if the State Coroner
5 recommends to the Attorney-General that the
person be re-appointed".
104 Remuneration and terms and conditions of
appointment
At the end of section 102E of the Coroners Act
10 2008 insert--
"(8) Nothing in this section authorises the salary
or the aggregate value of the allowances
payable to a judicial registrar to be
reduced.".
15 105 New section 102EA inserted
After section 102E of the Coroners Act 2008
insert--
"102EA Oath or affirmation of office
(1) A judicial registrar must take an oath or
20 affirmation of office in the prescribed form
and manner.
(2) Subsection (1) only applies to a person who
is appointed or re-appointed as a judicial
registrar on or after the commencement of
25 section 105 of the Courts Legislation
Miscellaneous Amendments Act 2014.
(3) A failure by a person to take an oath or
affirmation of office in accordance with this
section does not invalidate anything done by
30 that person as a judicial registrar.".
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Part 6--Judicial Registrars
s. 106
106 Section 102K substituted
For section 102K of the Coroners Act 2008
substitute--
"102K Appeal from or review of decisions of
5 judicial registrar
(1) The rules may provide for appeals from or
reviews of a decision of the Coroners Court
constituted by a judicial registrar--
(a) whether in respect of specified kinds of
10 matters or generally; and
(b) by specifying whether decisions are by
way of appeal or review; and
(c) by specifying the way in which the
Coroners Court may be constituted for
15 those appeals or reviews.
(2) The powers in subsection (1) are in addition
to and do not limit any power to make rules
under section 105.
(3) Unless the rules otherwise provide, a
20 decision of the Coroners Court constituted
by a judicial registrar may be appealed from
or reviewed on the Coroner's Court's own
motion.
(4) If the rules do not provide for an appeal from
25 or a review of a decision of the Coroners
Court constituted by a judicial registrar, the
decision is to be subject to a review or an
appeal conducted--
(a) by way of hearing de novo by the
30 Coroners Court constituted by a
coroner; and
(b) otherwise in accordance with the rules,
if any.".
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Part 6--Judicial Registrars
s. 107
Division 6--Victims of Crime Assistance Act 1996
107 Rules
See: After section 57(1)(c) of the Victims of Crime
Act No.
81/1996. Assistance Act 1996 insert--
Reprint No. 5
5 as at "(ca) reviews under section 59A of decisions of
16 June 2011
and
the Tribunal constituted by a judicial
amending registrar, including specifying whether the
Act Nos
5/2013,
review is by way of hearing de novo or
17/2014 and otherwise;".
26/2014.
LawToday:
www.
legislation.
vic.gov.au
10 108 Review of delegated Tribunal decisions
(1) In section 59A(1) of the Victims of Crime
Assistance Act 1996 for "A person" substitute
"In accordance with the rules, a person".
(2) In section 59A(2) of the Victims of Crime
15 Assistance Act 1996--
(a) for "A review" substitute "Unless the rules
otherwise provide, a review";
(b) after "novo" insert "by the Tribunal
constituted by a magistrate and otherwise in
20 accordance with the rules, if any".
__________________
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Courts Legislation Miscellaneous Amendments Bill 2014
Part 7--Further Miscellaneous Amendments and Repeal
s. 109
PART 7--FURTHER MISCELLANEOUS AMENDMENTS
AND REPEAL
Division 1--Supreme Court Act 1986
109 Regulations
5 (1) After section 129(2)(d) of the Supreme Court
Act 1986 insert--
"(da) different fees for different classes of
proceedings or different classes of party;".
(2) After section 129(2) of the Supreme Court Act
10 1986 insert--
"(2A) The regulations may--
(a) be of general or limited application; and
(b) differ according to differences in time,
place or circumstances; and
15 (c) provide in a specified case or class of
case for the exemption of any
proceeding, person or thing or a class of
proceeding, person or thing from any of
the provisions of the regulations,
20 whether--
(i) unconditionally or on specified
conditions; and
(ii) either wholly or to such an extent
as is specified; and
25 (d) provide for the payment in advance of
any fee fixed under subsection (1)(a);
and
(e) provide for proportionate consequences
of failure to pay any fee fixed under
30 subsection (1)(a); and
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Part 7--Further Miscellaneous Amendments and Repeal
s. 109
(f) provide for the reduction, waiver,
postponement, remission or refund, in
whole or in part, of any fee fixed under
subsection (1)(a); and
5 (g) provide, in specified circumstances, for
the reinstatement or payment, in whole
or in part, of any fee fixed under
subsection (1)(a) which was reduced,
waived, postponed, remitted or
10 refunded by or in accordance with the
regulations; and
(h) confer a discretionary authority or
impose a duty on any Judge of the
Court, an Associate Judge, a judicial
15 registrar or a specified court official or
a specified class of judge, class of
judicial registrar or court official; and
(i) leave any matter or thing dealt with by
or in accordance with the regulations to
20 be decided by a specified court official
or class of court official.".
(3) In section 129(3) of the Supreme Court Act 1986
for "The prothonotary" substitute "Subject to the
regulations or any power to reduce, waive,
25 postpone, remit or refund any fee fixed under
subsection (1)(a), the prothonotary".
(4) After section 129(3) of the Supreme Court Act
1986 insert--
"(4) If the regulations provide for a remission or
30 refund of a fee fixed under subsection (1)(a),
the Consolidated Fund is appropriated to the
necessary extent to enable any remission or
refund to be paid.".
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Part 7--Further Miscellaneous Amendments and Repeal
s. 110
Division 2--Interpretation of Legislation Act 1984
110 Prescribing matters by reference to other
documents
After section 32(13) of the Interpretation of See:
Act No.
5 Legislation Act 1984 insert-- 10096.
Reprint No. 11
"(13A) If a subordinate instrument may prescribe, as at
17 January
determine or fix any conditions of office for 2013
any person or class of persons, those and
amending
conditions of office may be prescribed, Act Nos
10 determined or fixed by the subordinate 7/2013,
22/2013,
instrument by reference in that subordinate 30/2013,
instrument to the conditions of office 36/2013,
57/2013,
applicable to any other person or class of 70/2013,
persons prescribed, determined or fixed from 17/2014 and
15 time to time-- 32/2014.
LawToday:
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(a) by or under any other Act; or legislation.
vic.gov.au
(b) by or under any Commonwealth Act.
(13B) Subsection (13A) applies--
(a) whether or not the power to prescribe,
20 determine or fix by subordinate
instrument is subject to conditions,
restrictions or limitations; and
(b) despite any rule of law to the
contrary.".
25 Division 3--Repeal of amending Act
111 Repeal of amending Act
This Act is repealed on 1 September 2016.
Note
The repeal of this Act does not affect the continuing operation of
30 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Courts Legislation Miscellaneous Amendments Bill 2014
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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