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Courts Legislation (Miscellaneous Amendments)
Bill
Introduction Print
EXPLANATORY MEMORANDUM
General
The Bill amends the Magistrates' Court Act 1989, the Constitution Act
1975, the County Court Act 1958, the Judicial Remuneration Tribunal
Act 1995, the Sentencing Act 1991, the Magistrates' Court (Koori Court)
Act 2002 and the Sentencing (Amendment) Act 2002 to improve the
operational efficiency of Victoria's courts and tribunals.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill, which are to--
· authorise certain persons to take statements for
committal proceedings;
· provide recognition of prior service for pension
purposes for the Director of Public Prosecutions, the
Chief Crown Prosecutor and Senior Crown Prosecutor
in certain circumstances;
· allow the Attorney-General to issue certificates in
relation to judicial conditions of service and allow the
Judicial Remuneration Tribunal to consider additional
leave arrangements;
· make amendments in relation to Drug Court absconders;
· repeal sunsetting provisions relating to the Koori Court;
· repeal sunsetting provisions relating to the Drug Court.
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551262 BILL LA INTRODUCTION 17/5/2005
Clause 2 provides that the Bill, with the exception of clause 11, will
commence on the day after the day of Royal Assent.
Clause 11(1) is back-dated to the commencement of section 16
of the Public Administration Act 2004. Clause 11(2) will
commence when the Office of Legal Services Commissioner is
established.
PART 2--AMENDMENT OF MAGISTRATES' COURT
ACT 1989
Clause 3 inserts new subsections (vid), (vie) and (vif) into clause 8(1)(b)
of Schedule 5 to the Magistrates' Court Act 1989 to provide
that designated employees of the Australian Postal Corporation,
the National Investigations Unit of the Department of Education,
Science and Training and the Insolvency and Trustee Service
Australia are authorised to take hand-up briefs.
PART 3--RECOGNITION OF PRIOR SERVICE WITH
RESPECT TO PENSIONS FOR JUDGES
Clause 4 amends section 83 of the Constitution Act 1975 to provide
recognition of prior service as the Director of Public
Prosecutions, the Chief Crown Prosecutor or a Senior Crown
Prosecutor for pension purposes for a Supreme Court judge
where one or more of those offices were held immediately prior
to their appointment as a Supreme Court Judge.
Clause 5 amends section 14 of the County Court Act 1958 to provide
recognition of prior service as the Director of Public
Prosecutions, the Chief Crown Prosecutor or a Senior Crown
Prosecutor for pension purposes for a County Court judge where
one or more of those offices were held immediately prior to their
appointment as a County Court Judge.
PART 4--AMENDMENT OF JUDICIAL REMUNERATION
TRIBUNAL ACT 1995
Clause 6 amends section 11 of the Judicial Remuneration Tribunal Act
1995 to allow the Judicial Remuneration Tribunal to consider
additional leave arrangements.
Clause 7 amends section 15 of the Judicial Remuneration Tribunal Act
1995 to allow the Attorney-General to issue certificates in
relation to judicial conditions of service.
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PART 5--AMENDMENT OF SENTENCING ACT 1991
Clause 8 amends sections 18ZN and 18ZP of the Sentencing Act 1991
to provide that the treatment and supervision part of a drug
treatment order is suspended where an offender fails to attend a
hearing under sections 18ZN or 18ZP, and has either been given
notice of the hearing or an attempt to give notice has been made
to the satisfaction of the Drug Court. The effect of the
suspension of the treatment and supervision part of the drug
treatment order is that the time for which it is suspended does not
count in calculating the period during which the treatment and
supervision part of the order is considered to have operated.
PART 6--AMENDMENT OF OTHER ACTS
Clause 9 repeals sections 2(2), 2(3) and 10 of the Magistrates' Court
(Koori Court) Act 2002.
Clause 10 repeals sections 2(2), 8, 9 and 14 of the Sentencing
(Amendment) Act 2002.
Clause 11 amends the Public Administration Act 2004 to ensure that the
Legal Ombudsman has the functions of a public service body
Head under that Act until the Legal Ombudsman is replaced by
the Legal Services Commissioner under the Legal Profession
Act 2004.
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