Victorian Numbered Acts

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BAIL AMENDMENT ACT 2010 (NO. 70 OF 2010) - SECT 29

Section 120 substituted

For section 120 of the Magistrates' Court Act 1989 substitute

        "     120     Definitions

In this Division—

"bail justice", except in sections 120A, 120B, 120C, 120D,120G and 120H, includes an acting bail justice;

"code of conduct" means the code of conduct prescribed by the regulations.

        120A     Appointment of bail justices

    (1)     The Attorney-General, by instrument, may appoint as many bail justices as are necessary to perform the functions of bail justices under the Bail Act 1977 and the Children, Youth and Families Act 2005 .

    (2)     A person is not eligible for appointment as a bail justice unless—

        (a)     the person is of or over the age of 18 years and under the age of 65 years; and

        (b)     the person is an Australian citizen; and

        (c)     the person is not a bankrupt; and

        (d)     the property of the person is not subject to control under the law relating to bankruptcy; and

        (e)     the person has completed a prescribed course of training for appointment to the satisfaction of the Attorney-General; and

        (f)     the person is fluent in the English language; and

        (g)     the person ordinarily resides in Victoria.

    (3)     Subject to this Division, a bail justice appointed under this section holds office for a period of 5 years.

    (4)     The Public Administration Act 2004 does not apply to a bail justice appointed under this section in respect of the office of bail justice.

        120B     Application for appointment as bail justice

    (1)     A person may apply to the Attorney-General for appointment as a bail justice.

    (2)     An application must—

        (a)     include the prescribed particulars; and

        (b)     authorise the conduct of a police record check on the applicant; and

        (c)     be verified by statutory declaration.

        120C     Re-appointment of bail justices

    (1)     The Attorney-General, by instrument, may re-appoint a person as a bail justice.

    (2)     A person is not eligible for re-appointment as a bail justice unless—

        (a)     the person has completed a prescribed course of training for re-appointment to the satisfaction of the Attorney-General; and

        (b)     during the immediately preceding period of appointment as a bail justice

              (i)     the person was reasonably available to be rostered for duty as a bail justice; and

              (ii)     when rostered for duty as a bail justice, the person was reasonably available to perform that duty; and

        (c)     the person is not a bankrupt; and

        (d)     the property of the person is not subject to control under the law relating to bankruptcy; and

        (e)     the person ordinarily resides in Victoria.

    (3)     Subject to this Division, a bail justice re-appointed under this section holds office for a period of 5 years.

    (4)     The Public Administration Act 2004 does not apply to a bail justice re-appointed under this section in respect of the office of bail justice.

        120D     Application for re-appointment as bail justice

    (1)     A person may apply to the Attorney-General for re-appointment as a bail justice.

    (2)     An application must—

        (a)     include the prescribed particulars; and

        (b)     authorise the conduct of a police record check on the applicant; and

        (c)     be verified by statutory declaration.

        120E     Appointment of acting bail justices

    (1)     The Attorney-General, by instrument, may appoint as many acting bail justices as are necessary to perform the functions of bail justices under the Bail Act 1977 and the Children, Youth and Families Act 2005 .

    (2)     A person is not eligible for appointment as an acting bail justice unless—

        (a)     the person is of or over the age of 70 years and under the age of 75 years; and

        (b)     immediately before appointment, the person was a bail justice for at least 5 years; and

        (c)             during the immediately preceding period of appointment as a bail justice or acting bail justice

              (i)     the person was reasonably available to be rostered for duty as a bail justice; and

              (ii)     when rostered for duty as a bail justice, the person was reasonably available to perform that duty; and

        (d)     the person is not a bankrupt; and

        (e)     the property of the person is not subject to control under the law relating to bankruptcy; and

        (f)     the person ordinarily resides in Victoria.

    (3)     Subject to this Division, an acting bail justice holds office for the period of 12 months from the date of his or her appointment.

    (4)     An acting bail justice

        (a)     has the same powers and the same protection and immunity as a bail justice; and

        (b)     is subject to the same requirements as to conduct as a bail justice.

    (5)     An acting bail justice is eligible for re-appointment as an acting bail justice.

    (6)     An acting bail justice may only be removed from office in the same manner and on the same grounds as a bail justice is liable to be removed from office.

    (7)     The Public Administration Act 2004 does not apply to an acting bail justice in respect of the office of acting bail justice.

        120F     Application for appointment or re-appointment as acting bail justice

    (1)     A person may apply to the Attorney-General for appointment or re-appointment as an acting bail justice.

    (2)     An application must—

        (a)     include the prescribed particulars; and

        (b)     authorise the conduct of a police record check on the applicant; and

        (c)     be verified by statutory declaration.

        120G     Resignation

    (1)     A bail justice appointed under section 120A or re-appointed under section 120C may resign his or her office as bail justice by delivering to the Attorney-General a signed letter of resignation.

    (2)     An acting bail justice appointed under section 120E may resign his or her office as acting bail justice by delivering to the Attorney-General a signed letter of resignation.

        120H     Oath of office

Every person who is appointed or re-appointed as a bail justice or acting bail justice must, before so acting, take an oath of office in the prescribed form and manner.

        120I     Judge or magistrate may exercise power of bail justice

A judge of the Supreme Court, a judge of the County Court or a magistrate may exercise any power conferred on a bail justice by or under any Act.".



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