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PARLIAMENT OF VICTORIA
Court Services Victoria and Other Acts
Amendment Bill 2015
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 2
1 Purposes 2
2 Commencement 2
Part 2--Amendment of Court Services Victoria Act 2014 3
3 Definitions 3
4 New Division 2A of Part 4 inserted 3
5 New Division 4 of Part 7 inserted 5
Part 3--Amendment of Financial Management Act 1994 6
6 Appropriation for borrowing against future appropriation 6
7 Unused appropriation 6
8 Temporary advances to authorities 6
Part 4--Amendment of Independent Broad-based Anti-corruption
Commission Act 2011 7
9 Definitions 7
Part 5--Repeal 8
10 Repeal of amending Act 8
Endnotes 9
1 General information 9
581063B.I-5/5/2015 i BILL LA INTRODUCTION 5/5/2015
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Court Services Victoria and Other Acts
Amendment Bill 2015
A Bill for an Act to amend the Court Services Victoria Act 2014 to
make provision for the employment of the chief executive officer of
the Judicial College of Victoria, to amend the Financial Management
Act 1994 to provide Court Services Victoria with greater budget
flexibility and to amend the Independent Broad-based Anti-
corruption Commission Act 2011 to clarify the role of the Chief
Executive Officer of Court Services Victoria in relation to complaints
made to, and investigations by, the Independent Broad-based Anti-
corruption Commission and for other purposes.
The Parliament of Victoria enacts:
581063B.I-5/5/2015 1 BILL LA INTRODUCTION 5/5/2015
Court Services Victoria and Other Acts Amendment Bill 2015
Part 1--Preliminary
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Court Services Victoria Act
5 2014 to provide that the Chief Executive
Officer of Court Services Victoria must
employ a person, nominated by the Board of
the Judicial College of Victoria, to be the
chief executive officer of the College on the
10 terms and conditions fixed by the Board; and
(b) to amend the Financial Management Act
1994 to provide Court Services Victoria with
the same budget flexibility afforded to a
department by that Act; and
15 (c) to amend the Independent Broad-based
Anti-corruption Commission Act 2011 to
include the Chief Executive Officer of Court
Services Victoria in the definition of
relevant principal officer.
20 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2016, it comes into
25 operation on that day.
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Court Services Victoria and Other Acts Amendment Bill 2015
Part 2--Amendment of Court Services Victoria Act 2014
Part 2--Amendment of Court Services
Victoria Act 2014
3 Definitions
In section 3 of the Court Services Victoria Act
5 2014--
(a) in the definition of member of the staff, for
"2001;" substitute "2001.";
(b) the definition of State Services Authority is
repealed.
10 4 New Division 2A of Part 4 inserted
After Division 2 of Part 4 of the Court Services
Victoria Act 2014 insert--
"Division 2A--Chief executive officer of
Judicial College of Victoria
15 35A Employment of chief executive officer of
Judicial College of Victoria
(1) For the purposes of section 16(1) of the
Judicial College of Victoria Act 2001, the
Chief Executive Officer must employ a
20 person, nominated by the Board of the
Judicial College of Victoria, to be the chief
executive officer of the Judicial College of
Victoria.
Note
25 Section 16(1) of the Judicial College of Victoria Act
2001 provides that a chief executive officer of the
College must be employed under Part 3 of the Public
Administration Act 2004.
(2) The employment of the chief executive
30 officer of the Judicial College of Victoria is
on the terms and conditions (including
remuneration and allowances) fixed by the
Board of the Judicial College of Victoria.
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Court Services Victoria and Other Acts Amendment Bill 2015
Part 2--Amendment of Court Services Victoria Act 2014
(3) In fixing the remuneration to the chief
executive officer of the Judicial College of
Victoria, the Board of the Judicial College of
Victoria must comply with any guidelines
5 issued by the State in relation to executive
remuneration for public entities in the public
sector.
(4) The Chief Executive Officer must not
terminate the employment of the chief
10 executive officer of the Judicial College of
Victoria unless the Board of the Judicial
College of Victoria has approved the
termination.
(5) Section 15 of the Public Administration
15 Act 2004 does not apply to employment of
the chief executive officer of the Judicial
College of Victoria to the extent that it is
inconsistent with this section.
35B Functions of chief executive officer of
20 Judicial College of Victoria
In performing his or her functions, the chief
executive officer of the Judicial College of
Victoria is responsible to, and must comply
with any directions given by--
25 (a) the Board of the Judicial College of
Victoria in relation to the operation of
the College; and
(b) the Chief Executive Officer in relation
to all other matters.".
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Court Services Victoria and Other Acts Amendment Bill 2015
Part 2--Amendment of Court Services Victoria Act 2014
5 New Division 4 of Part 7 inserted
After section 58 of the Court Services Victoria
Act 2014 insert--
"Division 4--Other transitional
5 provisions
58A Transitional provision--Court Services
Victoria and Other Acts Amendment Act
2015
(1) This section applies to the person who holds
10 the position of chief executive officer of the
Judicial College of Victoria immediately
before the day on which section 4 of the
Court Services Victoria and Other Acts
Amendment Act 2015 comes into operation
15 (the commencement day).
(2) On and after the commencement day, the
person--
(a) is taken to have been employed as chief
executive officer of the Judicial College
20 of Victoria in accordance with
section 35A; and
(b) continues to be employed in that
capacity on the terms and conditions
(including remuneration and
25 allowances) no less favourable than
those that applied immediately before
the commencement day.".
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Court Services Victoria and Other Acts Amendment Bill 2015
Part 3--Amendment of Financial Management Act 1994
Part 3--Amendment of Financial
Management Act 1994
6 Appropriation for borrowing against future
appropriation
5 After section 28(4) of the Financial Management
Act 1994 insert--
"(5) In this section--
department includes Court Services
Victoria.".
10 7 Unused appropriation
After section 32(4) of the Financial Management
Act 1994 insert--
"(5) In this section--
authority includes Court Services Victoria.".
15 8 Temporary advances to authorities
After section 36(2) of the Financial Management
Act 1994 insert--
"(3) In this section--
authority includes Court Services Victoria.".
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Court Services Victoria and Other Acts Amendment Bill 2015
Part 4--Amendment of Independent
Broad-based Anti-corruption Commission Act 2011
Part 4--Amendment of Independent
Broad-based Anti-corruption Commission
Act 2011
9 Definitions
5 In section 3(1) of the Independent Broad-based
Anti-corruption Commission Act 2011, after
paragraph (c) of the definition of relevant
principal officer insert--
"(d) the Chief Executive Officer, within the
10 meaning of the Court Services Victoria Act
2014, in relation to Court Services Victoria
established under that Act and the members
of the staff of Court Services Victoria;".
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Court Services Victoria and Other Acts Amendment Bill 2015
Part 5--Repeal
Part 5--Repeal
10 Repeal of amending Act
This Act is repealed on 1 July 2017.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Court Services Victoria and Other Acts Amendment Bill 2015
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
581063B.I-5/5/2015 9 BILL LA INTRODUCTION 5/5/2015
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