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Court Services Victoria and Other Acts Amendment Bill 2015

 Court Services Victoria and Other Acts
         Amendment Bill 2015

                        Introduction Print


               EXPLANATORY MEMORANDUM


                                  General
The Court Services Victoria and Other Acts Amendment Bill 2015 amends
the Court Services Victoria Act 2014, the Financial Management Act
1994 and the Independent Broad-based Anti-corruption Commission Act
2011.
The aim of the Bill is to make provision for the employment of the chief
executive officer of the Judicial College of Victoria, to provide Court
Services Victoria with greater budget flexibility, 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 to repeal a redundant definition of State Services Authority.

                               Clause Notes
Clause 1   sets out the purpose of the Bill.

Clause 2   provides for the provisions of the Bill to come into operation on a
           day or days to be proclaimed, or on 1 July 2016 if not proclaimed
           before that date.

Clause 3   repeals the redundant definition of State Services Authority
           in section 3 of the Court Services Victoria Act 2014.
           This definition is not used elsewhere in that Act.

Clause 4   inserts a new Division 2A after Division 2 of Part 4 of the Court
           Services Victoria Act 2014. The new Division 2A provides 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 Judicial


581063                                1        BILL LA INTRODUCTION 5/5/2015

 


 

College of Victoria, on terms and conditions fixed (in accordance with any guidelines issued by the State in relation to executive remuneration for public entities in the public sector) by the Board of the Judicial College of Victoria. Ordinarily, by operation of section 15 of the Public Administration Act 2004, the Chief Executive Officer of Court Services Victoria is not subject to direction in relation to the exercise of powers of employment in respect of any individual but must act independently. The new Division 2A makes it clear that section 15 of the Public Administration Act 2004 does not apply to the employment of the chief executive officer of the Judicial College of Victoria. The new Division 2A also makes it clear that the chief executive officer of the Judicial College of Victoria is subject to the direction of the Board of the Judicial College of Victoria, in relation to the operation of the College, and to the direction of the Chief Executive Officer of Court Services Victoria in relation to all other matters. Clause 5 inserts new Division 4 of Part 7 after section 58 of the Court Services Victoria Act 2014 which provides for transitional provisions confirming the appointment and terms and conditions of the person who holds the position of chief executive officer of the Judicial College of Victoria immediately before the day on which clause 4 comes into operation. Clause 6 amends section 28 of the Financial Management Act 1994 to insert a new subsection (5), which defines department, for the purposes of section 28, to include Court Services Victoria. As a consequence of the amendment, the Governor in Council will be empowered to make an Order pursuant to section 28 of the Financial Management Act 1994 approving the allocation to Court Services Victoria of amounts in addition to the amounts appropriated for the purposes of Court Services Victoria in the annual appropriation. Clause 7 amends section 32 of the Financial Management Act 1994 to insert a new subsection (5), which defines authority, for the purposes of section 32, to include Court Services Victoria. As a consequence of the amendment, the Minister administering section 32 of the Financial Management Act 1994 will be empowered to determine that an amount appropriated for Court Services Victoria, or part of it, that is not applied in a financial 2

 


 

year may be applied for Court Services Victoria in the next financial year. Clause 8 amends section 36 of the Financial Management Act 1994 to insert a new subsection (3), which defines authority, for the purposes of section 36, to include Court Services Victoria. As a consequence of the amendment, the temporary issue out of the Public Account of advances and special advances to Court Services Victoria will be authorised. Clause 9 amends the definition of relevant principal officer in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011 to insert a new paragraph (d), with the effect that the Chief Executive Officer, within the meaning of the Court Services Victoria Act 2014, is the relevant principal officer in relation to Court Services Victoria and the members of the staff of Court Services Victoria. Clause 10 provides for the automatic repeal of this Act on 1 July 2017. Once the repeals and amendments made by this Act have taken effect, this Act will be spent. The repeal of this Act does not affect in any way the continuing operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984). 3

 


 

 


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