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Courts Legislation Amendment (Judicial Officers) Act 2013

No. 63 of 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—RESERVE JUDGES, RESERVE ASSOCIATE JUDGES, RESERVE MAGISTRATES AND RESERVE CORONERS 3

Division 1—Amendment of the Constitution Act 1975 3

3 Definitions 34 Divisions of the Court 35 Seniority 46 Appointment of reserve Judges 47 Cessation of office 48 Section 81B amended 49 Engaging in legal practice or other paid employment 510 Remuneration and entitlements of reserve Judge 511 New section 81GA inserted 7

81GA Power to complete matters—Judges of the Court and reserve Judges 7

12 New section 81J inserted 1081J Transitional provision—Courts Legislation

Amendment (Judicial Officers) Act 2013 1013 New sections 83B and 83C inserted 10

83B Remuneration and allowances of reserve Associate Judges 10

83C Appropriation of certain amounts in relation to reserve Associate Judges 14

14 Judges not to hold any other place of profit 1415 Section 87 amended 15

1

Division 2—Amendment of the Supreme Court Act 1986 15

16 Definitions 1517 Business to be disposed of by Trial Division constituted by a

Judge of the Court or by an Associate Judge 1618 Manner of making Rules 1619 Council of Judges 1620 Professional development and training 1621 Heading to Division 1 of Part 7 amended 1622 Pension entitlements of Associate Judges, their partners and

children 1623 Acting Senior Master 1724 New Division 1A inserted into Part 7 17

Division 1A—Reserve Associate Judges 17

105B Appointment of reserve Associate Judges 17105C Cessation of office 18105D Chief Justice may engage reserve Associate Judge

to undertake duties of Associate Judge 18105E Powers, jurisdiction, immunities and protection of

reserve Associate Judge 19105F Pension rights and service not affected by being a

reserve Associate Judge 19105G Engaging in legal practice or other paid employment 20105H Power to complete matters—Associate Judges and

reserve Associate Judges 20105I Constitution of Court in certain circumstances 23

25 Division 1B heading inserted in Part 7 23

Division 3—Amendment of the County Court Act 1958 23

26 Definitions 2327 Appointment of reserve judges 2428 Cessation of office 2429 Section 12B amended 2430 Engaging in legal practice or other paid employment 2531 Remuneration and entitlements of reserve judge 2532 New section 12H inserted 26

12H Power to complete matters—judges and reserve judges 26

33 Judges not to engage in legal practice or sit in Parliament 2834 Section 15 amended 2835 Professional development and training 2936 Pension entitlements of associate judges, their partners and

children 29

37 New Division 3AB inserted into Part I 30

Division 3AB—Reserve associate judges 30

17KA Appointment of reserve associate judges 3017KB Cessation of office 3017KC Chief Judge may engage reserve associate judge to

undertake duties of associate judge 3117KD Powers, jurisdiction, immunities and protection of

reserve associate judge 3217KE Pension rights and service not affected by being a

reserve associate judge 3217KF Engaging in legal practice or other paid employment 3217KG Remuneration and allowances of reserve associate

judges 3317KH Appropriation of certain amounts in relation to

reserve associate judges 3517KI Power to complete matters—associate judges and

reserve associate judges 3638 Power to make rules of practice 3939 New section 99 inserted 39

99 Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013 39

Division 4—Amendment of the Magistrates' Court Act 1989 39

40 Definitions 3941 Appointment of reserve magistrates 4042 Cessation of office 4043 Section 9C amended 4044 New section 9EA inserted 41

9EA Power to complete matters—magistrates and reserve magistrates 41

45 Engaging in legal practice or other paid employment 4346 New section 16AB inserted 44

16AB Constitution of Court if magistrate unable to continue and constitution of Court in certain circumstances 44

47 Remuneration and entitlements of reserve magistrate 4548 New clause 51A of Schedule 8 inserted 45

51A Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013 45

Division 5—Amendment of the Coroners Act 2008 46

49 Definitions 4650 State Coroner 4651 New Division 1B of Part 8 inserted 46

Division 1B—Reserve coroners 46

102L Appointment of reserve coroners 46102M Cessation of office 47102N State Coroner may engage reserve coroner to

undertake duties of coroner 47102O Powers, jurisdiction, immunities and protection of

reserve coroner 48102P Engaging in legal practice or other paid employment 48102Q Remuneration and allowances of reserve coroners 49102R Appropriation of certain amounts in relation to

reserve coroners 52102S Power to complete matters—coroners and reserve

coroners 52

Division 6—Amendment of the Children, Youth and Families Act 2005 55

52 Definitions 5553 President 55

PART 3—AMENDMENTS RELATING TO PART-TIME JUDICIAL SERVICE 57

Division 1—Amendment of the Constitution Act 1975 57

54 Definitions 5755 Definitions relating to pensions 5756 New sections 75C to 75F inserted 57

75C Entry into part-time service arrangement 5775D Variation of part-time service arrangement 5875E Suspension of part-time service arrangement 5975F Termination of part-time service arrangement 59

57 Salaries, allowances and pensions of Judges of the Supreme Court 60

58 As to pensions of Judges of the Supreme Court and their partners and children 61

59 New section 83AAA inserted 6183AAA Effect of part-time service arrangement on judicial

pensions 61

60 Salaries of Associate Judges 6361 New section 84A inserted 63

84A Judges serving under part-time service arrangement not to engage in legal practice or other paid employment 63

Division 2—Amendment of the Supreme Court Act 1986 64

62 Definitions 6463 New section 104AB inserted 64

104AB Effect of part-time service arrangement on pensions of Associate Judges 64

64 New sections 104JA to 104JD inserted 67104JA Entry into part-time service arrangement 67104JB Variation of part-time service arrangement 68104JC Termination of part-time service arrangement 68104JD Associate Judges serving under part-time service

arrangement not to engage in legal practice or other paid employment 68

Division 3—Amendment of the County Court Act 1958 69

65 Definitions 6966 Definitions relating to pensions 6967 New sections 8A to 8D inserted 70

8A Entry into part-time service arrangement 708B Variation of part-time service arrangement 718C Suspension of part-time service arrangement 718D Termination of part-time service arrangement 72

68 Salaries and allowances of the Chief Judge and other judges 7269 New section 13A inserted 73

13A Judges and associate judges serving under part-time service arrangement not to engage in legal practice or other paid employment 73

70 Provision for pensions to County Court judges and their partners 73

71 New section 14AAA inserted 7414AAA Effect of part-time service arrangement on judicial

pensions 7472 Salaries and allowances of associate judges 7673 New section 17BA inserted 76

17BA Effect of part-time service arrangement on pensions of associate judges 76

Division 4—Amendment of the Magistrates' Court Act 1989 78

74 Definitions 7875 Appointment of magistrates 7876 New sections 7A to 7D inserted 79

7A Entry into part-time service arrangement 797B Variation of part-time service arrangement 807C Suspension of part-time service arrangement 817D Termination of part-time service arrangement 81

77 Assignment of duties 8278 Salaries and allowances of magistrates 8279 New clause 51B of Schedule 8 inserted 82

51B Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013—part-time magistrates 82

PART 4—AMENDMENT OF THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 84

80 New section 17AA inserted—Victorian Civil and Administrative Tribunal Act 1998 8417AA Appropriation of certain amounts in relation to

non judicial members 84

PART 5—CONSEQUENTIAL AMENDMENTS AND OTHER AMENDMENTS 85

Division 1—Children, Youth and Families Act 2005 85

81 New section 513A inserted 85513A Constitution of Court if magistrate unable to continue 85

Division 2—Coroners Act 2008 85

82 Definitions 8583 Section 94 amended 8584 Delegation from the State Coroner to a registrar 8685 New section 101A inserted 86

101A Constitution of Coroners Court if coroner unable to continue and constitution of Coroners Court in certain circumstances 86

Division 3—Independent Broad-based Anti-corruption Commission Act 2011 87

86 Definitions 87

Division 4—Judicial Remuneration Tribunal Act 1995 87

87 Definitions 87

Division 5—Judicial Salaries Act 2004 88

88 Definitions 8889 Salaries of other judicial officers and remuneration of acting

magistrates (2004 to 2005) 8890 Salaries of other judicial officers and remuneration of reserve

magistrates (2005 onwards) 8991 Allowances of judicial officers 9092 Transitional—remuneration of acting magistrates before

1 May 2005 90

Division 6—Ombudsman Act 1973 91

93 Definitions—Ombudsman Act 1973 9194 Exempt persons and bodies—Schedule 2 to the Ombudsman

Act 1973 91

Division 7—Protected Disclosure Act 2012 92

95 Definitions 92

Division 8—Public Administration Act 2004 92

96 Public Administration Act 2004—Schedule 1A 92

PART 6—REPEAL OF AMENDING ACT 93

97 Repeal of amending Act 93═══════════════

ENDNOTES 94

Courts Legislation Amendment (Judicial Officers) Act 2013†

No. 63 of 2013

[Assented to 6 November 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The purposes of this Act are—

(a) to amend the Constitution Act 1975, the Supreme Court Act 1986, the County Court Act 1958 and the Magistrates' Court Act 1989 to provide for part-time judicial service; and

Victoria

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(b) to provide for the office of reserve associate judge and reserve coroner and to further provide for reserve judges and reserve magistrates; and

(c) to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to the remuneration of non-judicial members; and

(d) to make consequential amendments to other Acts.

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 February 2014, it comes into operation on that day.

__________________

s. 2 Section Page

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PART 2—RESERVE JUDGES, RESERVE ASSOCIATE JUDGES, RESERVE MAGISTRATES AND RESERVE

CORONERS

Division 1—Amendment of the Constitution Act 1975

3 DefinitionsSee:Act No.8750.Reprint No. 20as at13 October 2011 and amending Act Nos 8750, 5/2013, 28/2013 and 37/2013.LawToday:www.legislation.vic.gov.aus. 3

In section 5 of the Constitution Act 1975—

(a) insert the following definition—

"reserve Associate Judge has the same meaning as it has in the Supreme Court Act 1986;";

(b) in the definition of Associate Judge after "75(4)" insert "and, subject to this Act, and unless the context otherwise requires, in Part III includes a reserve Associate Judge engaged under section 105D of the Supreme Court Act 1986 to undertake the duties of an Associate Judge during any period of engagement or acting under section 105H of that Act";

(c) in the definition of Judge of the Court after "engagement" insert "or acting under section 81GA".

4 Divisions of the Court

Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and Reserve Coroners

Courts Legislation Amendment (Judicial Officers) Act 2013No. 63 of 2013

3

(1) In section 75A(6) of the Constitution Act 1975, after "section 81B" insert "or taken to be engaged under section 81GA".

(2) After section 75A(6) of the Constitution Act 1975 insert—

'(7) For the avoidance of doubt, in subsection (3)(b) "Judges of the Court" includes any reserve Judge engaged under section 81B to undertake the duties of a Judge of the Court during any period of engagement or acting under section 81GA.'.

5 Seniority

In section 78B(5) of the Constitution Act 1975 after "section 81B" insert "or reserve Associate Judge engaged under section 105D of the Supreme Court Act 1986".

6 Appointment of reserve Judges

In section 81(2)(a) of the Constitution Act 1975 for "75" substitute "78".

7 Cessation of office

(1) In section 81A(1)(b) of the Constitution Act 1975 for "75" substitute "78".


"(1A) A reserve Judge may resign by sending his or her resignation in writing to the Governor.".

8 Section 81B amended

(1) In the heading to section 81B of the Constitution Act 1975 for "Attorney-General" substitute "Chief Justice".

(2) In section 81B(1) of the Constitution Act 1975 for "Attorney-General" substitute "Chief Justice".

s. 5Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and

Reserve Coroners


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(3) In section 81B(3) of the Constitution Act 1975—

(a) for "Attorney-General" substitute "Chief Justice";

(b) after "subsection (1)" insert ", other than with the consent of the reserve Judge".

(4) After section 81B(3) of the Constitution Act 1975 insert—

"(4) An engagement under subsection (1) must not exceed 6 months.

(5) For the purpose of deciding whether, when, or on what basis to engage a reserve Judge to undertake duties, the Chief Justice may request the reserve Judge to provide any information that the Chief Justice considers may be relevant to enable a decision to engage to be made.".

9 Engaging in legal practice or other paid employment

(1) In section 81E of the Constitution Act 1975—

(a) for "Attorney-General" substitute "Chief Justice";

(b) after "section 81B" insert "or acting under section 81GA".

(2) At the end of section 81E of the Constitution Act 1975 insert—

"(2) Except with the approval of the Chief Justice, a reserve Judge must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve Judge receives remuneration while engaged to undertake the duties of a Judge under section 81B or acting under section 81GA.


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(3) This section is in addition to the requirements of section 84.".

10 Remuneration and entitlements of reserve Judge

(1) For section 81F(1) of the Constitution Act 1975 substitute—

"(1) Subject to subsection (2), each reserve Judge engaged to undertake the duties of a Judge of the Court on a full time basis under section 81B must be paid a salary in accordance with the rate for the time being applicable under the Judicial Salaries Act 2004—

(a) to the holder of the office of Judge of Appeal other than on a reserve basis (other than the Chief Justice or the President of the Court of Appeal) if the reserve Judge—

(i) was a Judge of Appeal immediately before his or her commission ceased under section 77(4)(a), (b), (c), (d) or (e); or

(ii) is engaged under section 81B to undertake the duties of a Judge of Appeal;

(b) to the holder of the office of Supreme Court Judge within the meaning of that Act other than on a reserve basis, in any other case.".

(2) For section 81F(3) of the Constitution Act 1975 substitute—

"(3) Subject to subsection (4), each reserve Judge engaged to undertake the duties of a Judge of the Court on a sessional basis under section 81B must be paid the sessional rate


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for the time being applicable under the Judicial Salaries Act 2004—

(a) to the holder of the office of Judge of Appeal other than on a reserve basis (other than the Chief Justice or the President of the Court of Appeal) if the reserve Judge—

(i) was a Judge of Appeal immediately before his or her commission ceased under section 77(4)(a), (b), (c), (d) or (e); or

(ii) is engaged under section 81B to undertake the duties of a Judge of Appeal;

(b) to the holder of the office of Supreme Court Judge within the meaning of that Act other than on a reserve basis, in any other case.".

(3) After section 81F(9) of the Constitution Act 1975 insert—

"(9A) Despite subsections (1) and (3), a reserve Judge who is also a serving judge of a court of another State, the Northern Territory or the Australian Capital Territory or of the Commonwealth is not entitled to be paid a salary under this section if that person receives a salary in relation to his or her office in that other State or Territory or the Commonwealth.".

11 New section 81GA inserted

After section 81G of the Constitution Act 1975 insert—

"81GA Power to complete matters—Judges of the Court and reserve Judges


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(1) This section applies to—

(a) a Judge of the Court whose commission under section 77 ceases under section 77(4)(a), (b), (c), (d) or (e);

(b) a reserve Judge engaged under section 81B whose engagement expires;

(c) a reserve Judge engaged under section 81B—

(i) whose engagement expires; and

(ii) whose appointment as a reserve Judge ceases, other than by way of resignation—

but only if at the time of that cessation or expiry the Judge of the Court or reserve Judge had a matter—

(d) that was part-heard before him or her; or

(e) in respect of which his or her decision or determination is pending.

(2) Subject to subsection (4), a former Judge of the Court, reserve Judge or former reserve Judge to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that the former Judge of the Court, reserve Judge or former reserve Judge (as the case may be) had heard, or partly heard, before the cessation of his or her commission or expiry of his or her engagement.

(3) For the purposes of subsection (2)—

(a) a reserve Judge to whom this section applies whose engagement has expired


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is taken to be engaged under section 81B; and

(b) a former Judge of the Court or former reserve Judge to whom this section applies—

(i) holds office as a reserve Judge by virtue of this section as if he or she had been appointed under section 81; and

(ii) is taken to be a reserve Judge engaged under section 81B; and

(c) section 81F does not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her commission or appointment or the expiry of his or her engagement, as the case requires; and

(d) the person may continue to serve as a reserve Judge for the purposes of subsection (2) despite having attained the age of 78 years.

(4) Subject to subsection (5), any appointment or engagement of a person under this section ceases on the earlier of—

(a) the completion of the matters referred to in subsection (2); or

(b) 6 months from the date of that appointment or engagement; or

(c) the person being appointed under section 81 as a reserve Judge.

(5) A person to whom this section applies may resign his or her office as reserve Judge


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under this section by notice in writing to the Governor.

(6) Nothing in this section prevents a person being appointed as a reserve Judge under section 81 at any time, if he or she is eligible to be so appointed.

(7) Nothing in this section affects the operation of section 87 or of section 15 of the Supreme Court Act 1986.".

12 New section 81J inserted

After section 81I of the Constitution Act 1975 insert—

"81J Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013

A reserve Judge currently engaged by the Attorney-General under section 81B as in force immediately before the amendment of that section by the Courts Legislation Amendment (Judicial Officers) Act 2013 is taken to have been engaged by the Chief Justice under section 81B as amended by that Act and his or her engagement continues and has effect accordingly.".

13 New sections 83B and 83C inserted

After section 83A of the Constitution Act 1975 insert—

"83B Remuneration and allowances of reserve Associate Judges

(1) Subject to subsection (2), each reserve Associate Judge engaged to undertake the duties of an Associate Judge on a full time


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basis under section 105D of the Supreme Court Act 1986 must be paid a salary in accordance with the rate for the time being applicable under the Judicial Salaries Act 2004—

(a) to the holder of the office of Senior Master of the Supreme Court other than on a reserve basis if the reserve Associate Judge—

(i) was the Senior Master immediately before he or she retired or resigned; or

(ii) is engaged under section 105D of the Supreme Court Act 1986 to undertake the duties of the Senior Master;

(b) to a General Supreme Court Master within the meaning of that Act, in any other case.

(2) If a reserve Associate Judge who is engaged to undertake the duties of an Associate Judge on a full time basis under section 105D of the Supreme Court Act 1986 is entitled to—

(a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or

(b) because he or she has held a public office in another jurisdiction, a non-contributory pension under any other law—

the amount of pension to which the reserve Associate Judge is entitled must be deducted



11

from the salary payable to that reserve Associate Judge under subsection (1).

(3) Subject to subsection (4), each reserve Associate Judge engaged to undertake the duties of an Associate Judge on a sessional basis under section 105D of the Supreme Court Act 1986 must be paid the sessional rate for the time being applicable under the Judicial Salaries Act 2004—

(a) to the holder of the office of Senior Master if the reserve Associate Judge—

(i) was the Senior Master immediately before he or she retired or resigned; or

(ii) is engaged under section 105D of the Supreme Court Act 1986 to undertake the duties of the Senior Master;

(b) to a General Supreme Court Master within the meaning of that Act, in any other case.

(4) A reserve Associate Judge engaged to undertake the duties of an Associate Judge on a sessional basis under section 105D of the Supreme Court Act 1986 who is entitled to—



s. 13s. 13Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and

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must be paid a salary calculated in accordance with the following formula—

S − ( P235 )

where—

S means the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the reserve Associate Judge;

P means the annual pension to which the reserve Associate Judge is entitled that is referred to in paragraph (a) or (b).

(5) Each reserve Associate Judge shall be paid allowances at the rate or amount or of the kind as are for the time being applicable under the Judicial Salaries Act 2004.

(6) A reserve Associate Judge, by notice in writing to the Attorney-General, may enter into an arrangement under which the reserve Associate Judge agrees to receive the whole or part of his or her total amount of future salary (whether or not payable at a sessional rate) as non-salary benefits of an equivalent value.

(7) The notice under subsection (6) must specify a date from which the arrangement is to take effect which must be—

(a) the date on which the notice is given; or

(b) a later date.

(8) A reserve Associate Judge may vary or revoke a notice he or she has given under subsection (6) by notice in writing to the Attorney-General.


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(9) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be—


(b) a later date.

(10) Despite subsections (1) and (3), a reserve Associate Judge who is also a serving associate judge or a master (however designated) of a court of another State, the Northern Territory or the Australian Capital Territory or of the Commonwealth is not entitled to be paid a salary under this section if that person receives a salary in relation to his or her office in that other State or Territory or the Commonwealth.

(11) In subsection (6) and section 83C, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.

83C Appropriation of certain amounts in relation to reserve Associate Judges

The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

(a) the amounts (including the amount of any non-salary benefits) payable to or for reserve Associate Judges; and

(b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of any reserve Associate Judge; and

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid



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or payable to any reserve Associate Judge; and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve Associate Judge; and

(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any reserve Associate Judge.".

14 Judges not to hold any other place of profit

Section 84(6) of the Constitution Act 1975 is repealed.

15 Section 87 amended

(1) Insert the following heading to section 87 of the Constitution Act 1975—

"Exercise of jurisdiction if jurisdiction conferred on other bodies and constitution of Court in certain circumstances".

(2) After section 87(2) of the Constitution Act 1975 insert—

"(3) For the avoidance of doubt, for the purpose of completion of any matter under section 81GA or otherwise, the Court may be constituted or continue to be constituted by a reserve Judge who is a Judge of the Court without reconstitution of the Court despite any interruption in continuity of his or her tenure, appointment or engagement.".

Division 2—Amendment of the Supreme Court Act 1986

16 Definitions

In section 3(1) of the Supreme Court Act 1986—

(a) insert the following definition—

s. 14s. 15

See:Act No.110/1986.Reprint No. 7as at1 January 2011and amendingAct Nos50/2011, 26/2012, 68/2012, 80/2012 and 5/2013.LawToday:www.legislation.vic.gov.au



15

"reserve Associate Judge means a person appointed under section 105B;";

(b) in the definition of Associate Judge after "1975" insert "and, subject to this Act, and unless the context otherwise requires, includes a reserve Associate Judge engaged under section 105D to perform the duties of an Associate Judge during any period of engagement or acting under section 105H";

(c) in the definition of Judge of the Court after "engagement" insert "or acting under section 81GA of that Act".

17 Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge

Section 17(4) of the Supreme Court Act 1986 is repealed.

18 Manner of making Rules

In section 26 of the Supreme Court Act 1986, for "or any Associate Judge" substitute ", Associate Judge or reserve Associate Judge".

19 Council of Judges

In section 28(4) of the Supreme Court Act 1986, for "or any" substitute ", Associate Judge or reserve".

20 Professional development and training

In section 28A(1) of the Supreme Court Act 1986, in paragraph (b) of the definition of judicial officer, after "Associate Judge" insert ", including a reserve Associate Judge".

21 Heading to Division 1 of Part 7 amended

In the heading to Division 1 of Part 7 of the Supreme Court Act 1986, after "Appointments" insert "of Associate Judges".


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22 Pension entitlements of Associate Judges, their partners and children

At the foot of section 104A(1) of the Supreme Court Act 1986 insert—"Note

See sections 105B and 105F as to pension entitlements and appointment as a reserve Associate Judge.".

23 Acting Senior Master

After section 105A(2) of the Supreme Court Act 1986 insert—

'(3) In this section a reference to "Associate Judge" does not include a reserve Associate Judge.'.

24 New Division 1A inserted into Part 7

After section 105A of the Supreme Court Act 1986 insert—

"Division 1A—Reserve Associate Judges

105B Appointment of reserve Associate Judges

(1) The Governor in Council may appoint as many reserve Associate Judges as are necessary for transacting the business of the Court.

(2) A person is not eligible for appointment as a reserve Associate Judge unless he or she—

(a) has not attained the age of 78 years; and

(b) is, or has been—

(i) an Associate Judge of the Court or a Master of the Court; or


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(ii) an associate judge or a master (however designated) of the Federal Court of Australia; or

(iii) an associate judge or a master (however designated) of the Supreme Court of another State or of the Northern Territory or the Australian Capital Territory.

(3) The instrument of appointment of a person as a reserve Associate Judge must specify the terms and conditions of appointment.

(4) A reserve Associate Judge is eligible for re-appointment as a reserve Associate Judge.

105C Cessation of office

(1) A reserve Associate Judge ceases to hold office on the earlier of—

(a) the end of 5 years from the date of his or her appointment as a reserve Associate Judge; or

(b) attaining the age of 78 years.

(2) A reserve Associate Judge may resign by sending his or her resignation in writing to the Governor.

(3) A reserve Associate Judge may only be removed from office in the same way and on the same grounds as an Associate Judge is liable to be removed from office.

105D Chief Justice may engage reserve Associate Judge to undertake duties of Associate Judge

(1) The Chief Justice may, from time to time, by notice in writing, engage a reserve Associate Judge to undertake the duties of an Associate Judge—


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(a) on a full time basis; or

(b) on a sessional basis.

(2) Without limiting subsection (1), an engagement under that subsection—

(a) may specify the duties that a reserve Associate Judge is to undertake, including duties of the Associate Judge who is the Senior Master; and

(b) must specify the period of the engagement.

(3) The Chief Justice does not have the power to revoke or amend a notice of engagement under subsection (1), other than with the consent of the reserve Associate Judge.

(4) An engagement under subsection (1) must not exceed 6 months.

(5) For the purpose of deciding whether, when, or on what basis to engage a reserve Associate Judge to undertake duties, the Chief Justice may request the reserve Associate Judge to provide any information that the Chief Justice considers may be relevant to enable a decision to engage to be made.

105E Powers, jurisdiction, immunities and protection of reserve Associate Judge

Subject to this Act and the Constitution Act 1975, a reserve Associate Judge has the same powers, jurisdiction, immunities and protection as an Associate Judge when undertaking the duties of an Associate Judge in accordance with an engagement under section 105D.

105F Pension rights and service not affected by being a reserve Associate Judge


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(1) Service as a reserve Associate Judge does not count as service in the office of Associate Judge for the purposes of section 104A or in the office of Judge of the Court for the purposes of section 83 of the Constitution Act 1975.

(2) Despite section 104A(7), appointment as a reserve Associate Judge does not affect the right of an Associate Judge to a pension under section 104A.

105G Engaging in legal practice or other paid employment

(1) Except with the approval of the Chief Justice, a reserve Associate Judge must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of an Associate Judge under section 105D or acting under section 105H.

(2) Except with the approval of the Chief Justice, a reserve Associate Judge must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve Associate Judge receives remuneration while engaged to undertake the duties of an Associate Judge under section 105D or acting under section 105H.

105H Power to complete matters—Associate Judges and reserve Associate Judges


(a) an Associate Judge whose appointment under section 104 ceases under section 104(7)(a) or (d);


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(b) a reserve Associate Judge engaged under section 105D whose engagement expires;

(c) a reserve Associate Judge engaged under section 105D—


(ii) whose appointment as a reserve Associate Judge ceases, other than by way of resignation—

but only if at the time of that cessation or expiry the Associate Judge or reserve Associate Judge had a matter—



(2) Subject to subsection (4), a former Associate Judge, reserve Associate Judge or former reserve Associate Judge to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that the former Associate Judge, reserve Associate Judge or former reserve Associate Judge (as the case may be) had heard, or partly heard, before the cessation of his or her appointment or the expiry of his or her engagement.


(a) a reserve Associate Judge to whom this section applies whose engagement has


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expired is taken to be engaged under section 105D; and

(b) a former Associate Judge or former reserve Associate Judge to whom this section applies—

(i) holds office as a reserve Associate Judge by virtue of this section as if he or she had been appointed under section 105B; and

(ii) is taken to be a reserve Associate Judge engaged under section 105D; and

(c) section 83B of the Constitution Act 1975 does not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her appointment or the expiry of his or her engagement, as the case requires; and

(d) the person may continue to serve as a reserve Associate Judge for the purposes of subsection (2) despite having attained the age of 78 years.




(c) the person being appointed under section 105B as a reserve Associate Judge.



22

(5) A person to whom this section applies may resign his or her office as reserve Associate Judge under this section by notice in writing to the Governor and upon acceptance of that resignation, his or her appointment under this section ceases.

(6) Nothing in this section prevents a person being appointed as a reserve Associate Judge under section 105B at any time, if he or she is eligible to be so appointed.

(7) Nothing in this section affects the operation of section 87 of the Constitution Act 1975.

105I Constitution of Court in certain circumstances

For the avoidance of doubt, for the purpose of completion of any matter whether under section 105H or otherwise, the Court may be constituted or continue to be constituted by a reserve Associate Judge who is an Associate Judge without reconstitution of the Court despite any interruption in continuity of his or her tenure, appointment or engagement.".

25 Division 1B heading inserted in Part 7

Before section 106 of the Supreme Court Act 1986 insert—

"Division 1B—Appointments of other officers".

Division 3—Amendment of the County Court Act 1958

26 Definitions

In section 3(1) of the County Court Act 1958—

(a) in the definition of associate judge after "17A" insert "and, subject to this Act, and unless the context otherwise requires, includes a reserve associate judge engaged

s. 24s. 25

See:Act No.6230/1958.Reprint No. 15as at1 May 2013and amendingAct Nos6230 and 28/2013.LawToday:www.legislation.vic.gov.au



23

under section 17KC to perform the duties of an associate judge during any period of engagement or acting under section 17KI";

(b) in the definition of judge—

(i) after "engagement" insert "or acting under section 12H";

(ii) after "associate judge" insert "or a reserve associate judge";

(c) insert the following definition—

"reserve associate judge means a person appointed under section 17KA;".

27 Appointment of reserve judges

In section 12(2)(a) of the County Court Act 1958 for "75" substitute "78".


(1) In section 12A(1)(b) of the County Court Act 1958 for "75" substitute "78".

(2) After section 12A(1) of the County Court Act 1958 insert—

"(1A) A reserve judge may resign by sending his or her resignation in writing to the Governor.".

29 Section 12B amended

(1) In the heading to section 12B of the County Court Act 1958 for "Attorney-General" substitute "Chief Judge".

(2) In section 12B(1) of the County Court Act 1958 for "Attorney-General" substitute "Chief Judge".

(3) In section 12B(3) of the County Court Act 1958—

(a) for "Attorney-General" substitute "Chief Judge";


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24

(b) after "subsection (1)" insert ", other than with the consent of the reserve judge".

(4) After section 12B(3) of the County Court Act 1958 insert—


(5) For the purpose of deciding whether, when, or on what basis to engage a reserve judge to undertake duties, the Chief Judge may request the reserve judge to provide any information that the Chief Judge considers may be relevant to enable a decision to engage to be made.".


(1) In section 12E of the County Court Act 1958—

(a) for "Attorney-General" substitute "Chief Judge";

(b) after "section 12B" insert "or acting under section 12H".

(2) At the end of section 12E of the County Court Act 1958 insert—

"(2) Except with the approval of the Chief Judge, a reserve judge must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve judge receives remuneration while engaged to undertake the duties of a judge under section 12B or acting under section 12H.

(3) This section is in addition to the requirements of section 13.".


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25

31 Remuneration and entitlements of reserve judge

After section 12F(9) of the County Court Act 1958 insert—

"(9A) Despite subsections (1) and (3), a reserve judge who is also a serving judge of a court of another State is not entitled to be paid a salary under this section if that person receives a salary in relation to his or her office in that other State.".

32 New section 12H inserted

After section 12G of the County Court Act 1958 insert—

'12H Power to complete matters—judges and reserve judges


(a) a judge whose commission under section 14 ceases under section 14(1)(a), (b) or (c);

(b) a reserve judge engaged under section 12B whose engagement expires;

(c) a reserve judge engaged under section 12B—


(ii) whose appointment as a reserve judge ceases, other than by way of resignation—

but only if at the time of that cessation or expiry the judge or reserve judge had a matter—




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26

(2) Subject to subsection (4), a former judge, reserve judge or former reserve judge to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that the former judge, reserve judge or former reserve judge (as the case may be) had heard, or partly heard, before the cessation of his or her commission or appointment or expiry of his or her engagement.


(a) a reserve judge to whom this section applies whose engagement has expired is taken to be engaged under section 12B; and

(b) a former judge or former reserve judge to whom this section applies—

(i) holds office as a reserve judge by virtue of this section as if he or she had been appointed under section 12; and

(ii) is taken to be a reserve judge engaged under section 12B; and

(c) section 12F does not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her commission or appointment or the expiry of his or her engagement, as the case requires; and

(d) the person may continue to serve as a reserve judge for the purposes of



27

subsection (2) despite having attained the age of 78 years.




(c) the person being appointed under section 12 as a reserve judge.

(5) A person to whom this section applies may resign his or her office as reserve judge under this section by notice in writing to the Governor.

(6) Nothing in this section prevents a person being appointed as a reserve judge under section 12 at any time, if he or she is eligible to be so appointed.

(7) Nothing in this section affects the operation of section 15 or of section 91(8) or 101A of the Coroners Act 2008.

(8) In this section a reference to "proceeding" includes—

(a) any proceeding or other matter in the Children's Court under the Children, Youth and Families Act 2005; and

(b) any investigation or inquiry under the Coroners Act 2008.'.

33 Judges not to engage in legal practice or sit in Parliament

In section 13(2) of the County Court Act 1958 for "to a judge who has made an election under section 13A" substitute "in relation to engaging


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28

in legal practice by a reserve judge who has been given approval by the Chief Judge to engage in legal practice under section 12E".


(1) In the heading to section 15 of the County Court Act 1958 after "another" insert "and constitution of court in certain circumstances".

(2) At the end of section 15 of the County Court Act 1958 insert—

"(2) For the avoidance of doubt, for the purpose of completion of any matter whether under section 12H or 17KI or otherwise, the court may be constituted or continue to be constituted by a reserve judge who is a judge or a reserve associate judge who is an associate judge without reconstitution of the court despite any interruption in continuity of that person's tenure, appointment or engagement.".

35 Professional development and training

In section 17AAA(1) of the County Court Act 1958 in paragraph (b) of the definition of judicial officer after "associate judge" insert "including a reserve associate judge".

36 Pension entitlements of associate judges, their partners and children

(1) At the foot of section 17B(1) of the County Court Act 1958 insert—"Note

See sections 17KA and 17KE as to pension entitlements and appointment as a reserve associate judge.".


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29

(2) In section 17B(8) of the County Court Act 1958, for "Subsection" substitute "Subject to subsection (8A), subsection".

(3) After section 17B(8) of the County Court Act 1958 insert—

"(8A) Subsection (7) does not apply to a reserve associate judge.".

37 New Division 3AB inserted into Part I

After section 17K of the County Court Act 1958 insert—

"Division 3AB—Reserve associate judges

17KA Appointment of reserve associate judges

(1) The Governor in Council may appoint as many reserve associate judges as are necessary for transacting the business of the court.

(2) A person is not eligible for appointment as a reserve associate judge unless he or she—


(b) is, or has been—

(i) an associate judge; or

(ii) an associate judge or a master (however designated) of a District Court of another State.

(3) The instrument of appointment of a person as a reserve associate judge must specify the terms and conditions of appointment.


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30

(4) A reserve associate judge is eligible for re-appointment as a reserve associate judge.

17KB Cessation of office

(1) A reserve associate judge ceases to hold office on the earlier of—

(a) the end of 5 years from the date of his or her appointment as a reserve associate judge; or


(2) A reserve associate judge may resign by sending his or her resignation in writing to the Governor.

(3) A reserve associate judge may only be removed from office in the same way and on the same grounds as an associate judge is liable to be removed from office.

17KC Chief Judge may engage reserve associate judge to undertake duties of associate judge

(1) The Chief Judge may, from time to time, by notice in writing, engage a reserve associate judge to undertake the duties of an associate judge—




(a) may specify the duties that a reserve associate judge is to undertake; and


(3) The Chief Judge does not have the power to revoke or amend a notice of engagement


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31

under subsection (1), other than with the consent of the reserve associate judge.


(5) For the purpose of deciding whether, when, or on what basis to engage a reserve associate judge to undertake duties, the Chief Judge may request the reserve associate judge to provide any information that the Chief Judge considers may be relevant to enable a decision to engage to be made.

17KD Powers, jurisdiction, immunities and protection of reserve associate judge

Subject to this Act, a reserve associate judge has the same powers, jurisdiction, immunities and protection as an associate judge when undertaking the duties of an associate judge in accordance with an engagement under section 17KC.

17KE Pension rights and service not affected by being a reserve associate judge

(1) Service as a reserve associate judge does not count as service in the office of associate judge for the purposes of section 14(5)(aa) or 17B.

(2) Despite section 17B(7), appointment as a reserve associate judge does not affect the right of an associate judge to a pension under section 17B.

17KF Engaging in legal practice or other paid employment

(1) Except with the approval of the Chief Judge, a reserve associate judge must not engage in legal practice, undertake paid employment or


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32

conduct a business, trade or profession of any kind while engaged to undertake the duties of an associate judge under section 17KC or acting under section 17KI.

(2) Except with the approval of the Chief Judge, a reserve associate judge must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve associate judge receives remuneration while engaged to undertake the duties of an associate judge under section 17KC or acting under section 17KI.

17KG Remuneration and allowances of reserve associate judges

(1) Subject to subsection (2), each reserve associate judge engaged to undertake the duties of an associate judge on a full time basis under section 17KC must be paid a salary in accordance with the rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office on other than a reserve basis.

(2) If a reserve associate judge who is engaged to undertake the duties of an associate judge on a full time basis under section 17KC is entitled to—




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the amount of pension to which the reserve associate judge is entitled must be deducted from the salary payable to that reserve associate judge under subsection (1).

(3) Subject to subsection (4), each reserve associate judge engaged to undertake the duties of an associate judge on a sessional basis under section 17KC must be paid the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office.

(4) A reserve associate judge engaged to undertake the duties of an associate judge on a sessional basis under section 17KC who is entitled to—




S − ( P235 )

where—

S means the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the reserve associate judge;



34

P means the annual pension to which the reserve associate judge is entitled that is referred to in paragraph (a) or (b).

(5) Each reserve associate judge shall be paid allowances at the rate or amount or of the kind as are for the time being applicable under the Judicial Salaries Act 2004.

(6) A reserve associate judge, by notice in writing to the Attorney-General, may enter into an arrangement under which the reserve associate judge agrees to receive the whole or part of his or her total amount of future salary (whether or not payable at a sessional rate) as non-salary benefits of an equivalent value.

(7) The notice under subsection (6) must specify a date from which the arrangement is to take effect which must be—


(b) a later date.

(8) A reserve associate judge may vary or revoke a notice he or she has given under subsection (6) by notice in writing to the Attorney-General.



(b) a later date.

(10) Despite subsections (1) and (3), a reserve associate judge who is also a serving associate judge or master (however designated) of a court of another State is not entitled to be paid a salary under this section


Reserve Coroners


35

if that person receives a salary in relation to his or her office in that other State.

(11) In subsection (6) and section 17KH, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.

17KH Appropriation of certain amounts in relation to reserve associate judges


(a) the amounts (including the amount of any non-salary benefits) payable to or for reserve associate judges; and

(b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of any reserve associate judge; and

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any reserve associate judge; and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve associate judge; and

(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any reserve associate judge.

17KI Power to complete matters—associate judges and reserve associate judges



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36

(a) an associate judge whose appointment under section 17A ceases under section 17A(2)(a) or (d);

(b) a reserve associate judge engaged under section 17KC whose engagement expires;

(c) a reserve associate judge engaged under section 17KC—


(ii) whose appointment as a reserve associate judge ceases, other than by way of resignation—

but only if at the time of that cessation or expiry the associate judge or reserve associate judge had a matter—



(2) Subject to subsection (4), a former associate judge, reserve associate judge or former reserve associate judge to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that the former associate judge, reserve associate judge or former reserve associate judge (as the case may be) had heard, or partly heard, before the cessation of his or her appointment or expiry of his or her engagement.


(a) a reserve associate judge to whom this section applies whose engagement has


Reserve Coroners


37

expired is taken to be engaged under section 17KC; and

(b) a former associate judge or former reserve associate judge to whom this section applies—

(i) holds office as a reserve associate judge by virtue of this section as if he or she had been appointed under section 17KA; and

(ii) is taken to be a reserve associate judge engaged under section 17KC; and

(c) section 17KG does not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her appointment or the expiry of his or her engagement, as the case requires; and

(d) the person may continue to serve as a reserve associate judge for the purposes of subsection (2) despite having attained the age of 78 years.




(c) the person being appointed under section 17KA as a reserve associate judge.


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38

(5) A person to whom this section applies may resign his or her office as reserve associate judge under this section by notice in writing to the Governor.

(6) Nothing in this section prevents a person being appointed as a reserve associate judge under section 17KA at any time, if he or she is eligible to be so appointed.

(7) Nothing in this section affects the operation of section 15.".

38 Power to make rules of practice

In section 78(1) and (2) of the County Court Act 1958, after "associate judges" insert "or reserve associate judges".

39 New section 99 inserted

At the end of Part VIII of the County Court Act 1958 insert—

"99 Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013

A reserve judge currently engaged by the Attorney-General under section 12B as in force immediately before the amendment of that section by the Courts Legislation Amendment (Judicial Officers) Act 2013 is taken to have been engaged by the Chief Judge under section 12B as amended by that Act and his or her engagement continues and has effect accordingly.".

Division 4—Amendment of the Magistrates' Court Act 1989

40 Definitions

In section 3(1) of the Magistrates' Court Act 1989, in the definition of magistrate, after

s. 38

See:Act No.51/1989.Reprint No. 17as at1 May 2013and amendingAct Nos51/1989, 51/2006, 12/2010, 30/2013, 31/2013 and 32/2013.LawToday:www.legislation.vic.gov.au



39

"engagement" insert "or acting under section 9EA".

41 Appointment of reserve magistrates

In section 9A(2)(a) of the Magistrates' Court Act 1989 for "75" substitute "78".


(1) In section 9B(1)(b) of the Magistrates' Court Act 1989 for "75" substitute "78".

(2) After section 9B(1) of the Magistrates' Court Act 1989 insert—

"(1A) A reserve magistrate may resign by sending his or her resignation in writing to the Governor.".

43 Section 9C amended

(1) In the heading to section 9C of the Magistrates' Court Act 1989 for "Attorney-General" substitute "Chief Magistrate".

(2) In section 9C(1) of the Magistrates' Court Act 1989 for "Attorney-General" substitute "Chief Magistrate".

(3) In section 9C(3) of the Magistrates' Court Act 1989—

(a) for "Attorney-General" substitute "Chief Magistrate";


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40

(b) after "subsection (1)" insert ", other than with the consent of the reserve magistrate".

(4) After section 9C(3) of the Magistrates' Court Act 1989 insert—


(5) For the purpose of deciding whether, when, or on what basis to engage a reserve magistrate to undertake duties, the Chief Magistrate may request the reserve magistrate to provide any information that the Chief Magistrate considers may be relevant to enable a decision to engage to be made.".

44 New section 9EA inserted

After section 9E of the Magistrates' Court Act 1989 insert—

"9EA Power to complete matters—magistrates and reserve magistrates


(a) a magistrate whose office ceases under section 12(a) or by resignation;

(b) a reserve magistrate engaged under section 9C whose engagement expires;

(c) a reserve magistrate engaged under section 9C—



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41

(ii) whose appointment as a reserve magistrate ceases, other than by way of resignation—

but only if at the time of that cessation or expiry the magistrate or reserve magistrate had a matter—



(2) Subject to subsection (4), a former magistrate, reserve magistrate or former reserve magistrate to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that former magistrate, reserve magistrate or former reserve magistrate (as the case may be) had heard, or partly heard, before the cessation of his or her office or appointment or expiry of his or her engagement.


(a) a reserve magistrate to whom this section applies whose engagement has expired is taken to be engaged under section 9C; and

(b) a former magistrate or former reserve magistrate to whom this section applies—

(i) holds office as a reserve magistrate by virtue of this section as if he or she had been appointed under section 9A; and


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42

(ii) is taken to be a reserve magistrate engaged under section 9C; and

(c) section 10(2) and Part 2 of Schedule 1 do not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her commission or appointment or the expiry of his or her engagement, as the case requires; and

(d) the person may continue to serve as a reserve magistrate for the purposes of subsection (2) despite having attained the age of 78 years.




(c) the person being appointed under section 9A as a reserve magistrate.

(5) A person to whom this section applies may resign his or her office as reserve magistrate under this section by notice in writing to the Governor.

(6) Nothing in this section prevents a person being appointed as a reserve magistrate under section 9A at any time, if he or she is eligible to be so appointed.

(7) Nothing in this section affects the operation of section 16AB.".



43


(1) In section 9F of the Magistrates' Court Act 1989—

(a) for "Attorney-General" substitute "Chief Magistrate";

(b) after "section 9C" insert "or acting under section 9EA".

(2) At the end of section 9F of the Magistrates' Court Act 1989 insert—

"(2) Except with the approval of the Chief Magistrate, a reserve magistrate must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve magistrate receives remuneration while engaged to undertake the duties of a magistrate under section 9C or acting under section 9EA.".

46 New section 16AB inserted

After section 16A of the Magistrates' Court Act 1989 insert—

"16AB Constitution of Court if magistrate unable to continue and constitution of Court in certain circumstances

(1) Subject to subsection (2), despite anything in any Act or the rules, any power, duty or act which might have been exercised or performed by the Court constituted by a magistrate may be exercised or performed by the Court constituted by any other magistrate if the Court cannot for any reason be constituted by that first mentioned magistrate.


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44

(2) If this Act or the rules provide that a division of the Court must be constituted by a magistrate assigned to that division, the Court may only be constituted under subsection (1) by a magistrate who is assigned to the relevant division.

(3) For the avoidance of doubt, for the purpose of completion of any matter whether under section 9EA or otherwise, the Court may be constituted or continue to be constituted by a reserve magistrate who is a magistrate without reconstitution of the Court despite any interruption in continuity of his or her tenure, appointment or engagement.".

47 Remuneration and entitlements of reserve magistrate

After clause 11(9) of Schedule 1 to the Magistrates' Court Act 1989 insert—

"(9A) Despite subclauses (1) and (3), a reserve magistrate who is also a serving magistrate of a court of another State, the Northern Territory or the Australian Capital Territory is not entitled to be paid a salary under this section if that person receives a salary in relation to his or her office in that other State or Territory.".

48 New clause 51A of Schedule 8 inserted

After clause 51 of Schedule 8 to the Magistrates' Court Act 1989 insert—

"51A Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013


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A reserve magistrate currently engaged by the Attorney-General under section 9C as in force immediately before the amendment of that section by the Courts Legislation Amendment (Judicial Officers) Act 2013 is taken to have been engaged by the Chief Magistrate under section 9C as amended by that Act and his or her engagement continues and has effect accordingly.".

Division 5—Amendment of the Coroners Act 2008

49 DefinitionsSee:Act No.77/2008.Reprint No. 1as at21 July 2011and amendingAct Nos52/2012, 83/2012, 5/2013 and 31/2013.LawToday:www.legislation.vic.gov.aus. 49

In section 3(1) of the Coroners Act 2008—

(a) in paragraph (a) of the definition of coroner, after "Coroner" insert ", including a person acting under section 12H of the County Court Act 1958";

(b) in the definition of coroner, after paragraph (d) insert—

"(e) a reserve coroner who is engaged under section 102N to perform the duties of a coroner during any period of engagement or acting under section 102S;";

(c) insert the following definition—



46

"reserve coroner means a person appointed under section 102L;".

50 State Coroner

In section 91(8) of the Coroners Act 2008, for "of the County Court" substitute "within the meaning of the County Court Act 1958".

51 New Division 1B of Part 8 inserted

After Division 1A of Part 8 of the Coroners Act 2008 insert—

"Division 1B—Reserve coroners

102L Appointment of reserve coroners

(1) The Governor in Council may appoint as many reserve coroners as are necessary for transacting the business of the Coroners Court.

(2) A person is not eligible for appointment as a reserve coroner unless he or she—


(b) is, or has been, a coroner appointed under section 94 or deemed to be a coroner under clause 16 of Schedule 1.

(3) The instrument of appointment of a person as a reserve coroner must specify the terms and conditions of appointment.

(4) A reserve coroner is eligible for re-appointment as a reserve coroner.

102M Cessation of office

(1) A reserve coroner ceases to hold office on the earlier of—


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(a) the end of 5 years from the date of his or her appointment as a reserve coroner; or


(2) A reserve coroner may resign by sending his or her resignation in writing to the Governor.

(3) A reserve coroner may only be removed from office in the same way and on the same grounds as a coroner is liable to be removed from office.

102N State Coroner may engage reserve coroner to undertake duties of coroner

(1) The State Coroner may, from time to time, by notice in writing, engage a reserve coroner to undertake the duties of a coroner—




(a) may specify the duties that a reserve coroner is to undertake; and


(3) The State Coroner does not have the power to revoke or amend a notice of engagement under subsection (1).


(5) For the purpose of deciding whether, when, or on what basis to engage a reserve coroner to undertake duties, the State Coroner may request the reserve coroner to provide any



48

information that the State Coroner considers may be relevant to enable a decision to engage to be made.

102O Powers, jurisdiction, immunities and protection of reserve coroner

Subject to this Act, a reserve coroner has the same powers, jurisdiction, immunities and protection as a coroner when undertaking the duties of a coroner in accordance with an engagement under section 102N.

102P Engaging in legal practice or other paid employment

(1) Except with the approval of the State Coroner, a reserve coroner must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of a coroner under section 102N or acting under section 102S.

(2) Except with the approval of the State Coroner, a reserve coroner must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve coroner receives remuneration while engaged to undertake the duties of a coroner under section 102N or acting under section 102S.

102Q Remuneration and allowances of reserve coroners

(1) Subject to subsection (2), each reserve coroner engaged to undertake the duties of a coroner on a full time basis under section 102N must be paid a salary in accordance with the rate for the time being applicable under the Judicial Salaries Act


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49

2004 to the holder of the office of magistrate (other than the Chief Magistrate or a Deputy Chief Magistrate) on other than a reserve basis.

(2) If a reserve coroner who is engaged to undertake the duties of a coroner on a full time basis under section 102N is entitled to—



the amount of pension to which the reserve coroner is entitled must be deducted from the salary payable to that reserve coroner under subsection (1).

(3) Subject to subsection (4), each reserve coroner engaged to undertake the duties of a coroner on a sessional basis under section 102N must be paid the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of the office of reserve magistrate.


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(4) A reserve coroner engaged to undertake the duties of a coroner on a sessional basis under section 102N who is entitled to—




S − ( P235 )

where—

S means the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the reserve coroner;

P means the annual pension to which the reserve coroner is entitled that is referred to in paragraph (a) or (b).

(5) Each reserve coroner shall be paid allowances at the rate or amount or of the kind as are for the time being applicable under the Judicial Salaries Act 2004.

(6) A reserve coroner, by notice in writing to the Attorney-General, may enter into an arrangement under which the reserve coroner agrees to receive the whole or part of his or her total amount of future salary (whether or not payable at a sessional rate) as non-salary benefits of an equivalent value.


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(7) The notice under subsection (6) must specify a date from which the arrangement is to take effect, which must be—


(b) a later date.

(8) A reserve coroner may vary or revoke a notice he or she has given under subsection (6) by notice in writing to the Attorney-General.



(b) a later date.

(10) Despite subsections (1) and (3), a reserve coroner who is also a serving coroner of another State is not entitled to be paid a salary under this section if that person receives a salary in relation to his or her office in that other State.

(11) In subsection (6) and section 102S, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.

102R Appropriation of certain amounts in relation to reserve coroners


(a) the amounts (including the amount of any non-salary benefits) payable to or for reserve coroners; and

(b) premiums and other amounts payable under the Accident Compensation



52

(WorkCover Insurance) Act 1993 in respect of any reserve coroner; and

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any reserve coroner; and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve coroner; and

(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any reserve coroner.

102S Power to complete matters—coroners and reserve coroners


(a) a coroner whose assignment under section 93 ceases;

(b) a reserve coroner engaged under section 102N whose engagement expires;

(c) a reserve coroner engaged under section 102N—


(ii) whose appointment as a reserve coroner ceases, other than by way of resignation;

(d) a coroner appointed under section 94 who ceases to hold office—

but only if at the time of that cessation or expiry the coroner or reserve coroner had a matter—


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(e) that was part-heard before him or her; or

(f) in respect of which his or her determination, recommendation or referral is pending.

(2) Subject to subsection (4), a former coroner, reserve coroner or former reserve coroner to whom this section applies may make any finding, recommendation or referral or complete or otherwise continue to deal with any matters relating to any investigation or inquiry that the former coroner, reserve coroner or former reserve coroner (as the case may be)—

(a) has heard, or partly heard before the cessation of his or her assignment or expiry of his or her engagement; or

(b) in respect of which a finding, recommendation or referral by the former coroner, reserve coroner or former reserve coroner is pending.


(a) a reserve coroner to whom this section applies whose engagement has expired is taken to be engaged under section 102N; and

(b) a former coroner or former reserve coroner to whom this section applies—

(i) holds office as a reserve coroner by virtue of this section as if he or she had been appointed under section 102L; and

(ii) is taken to be a reserve coroner engaged under section 102N; and


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(c) section 102Q does not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her appointment or the expiry of his or her engagement, as the case requires; and

(d) the person may continue to serve as a reserve coroner for the purposes of subsection (2) despite having attained the age of 78 years.

(4) Subject to subsection (5), any appointment of a person under this section ceases on the earlier of—



(c) the person being appointed under section 94 as a coroner; or

(d) the person being appointed under section 102L as a reserve coroner.

(5) A person to whom this section applies may resign his or her office as reserve coroner under this section by notice in writing to the Governor.

(6) Nothing in this section prevents a person being appointed as a reserve coroner under section 102L at any time, if he or she is eligible to be so appointed.

(7) Nothing in this section affects the operation of section 101A.".


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Division 6—Amendment of the Children, Youth and Families Act 2005

52 DefinitionsSee:Act No.96/2005.Reprint No. 4as at27 March 2013 and amending Act Nos 51/2006, 9/2013 and 30/2013.LawToday:www.legislation.vic.gov.aus. 52

In section 3(1) of the Children, Youth and Families Act 2005, in the definition of magistrate after "section 507" insert "and a person who was formerly the President who is acting under section 12H of the County Court Act 1958".

53 President

After section 508(10) of the Children, Youth and Families Act 2005 insert—

"(11) At the end of a term of office of the President, the person who was President may exercise the same power conferred on a magistrate by or under this or any other Act for 6 months immediately after the completion of that term of office, if the person continues to be a judge within the meaning of the County Court Act 1958.".

__________________


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57

PART 3—AMENDMENTS RELATING TO PART-TIME JUDICIAL SERVICE

Division 1—Amendment of the Constitution Act 1975

54 Definitions

In section 5 of the Constitution Act 1975 insert the following definitions—

"excluded judicial officer means—

(a) the Chief Justice;

(b) the President of the Court of Appeal;

(c) a Judge of the Court who is appointed as President of VCAT;

part-time service arrangement means—

(a) in relation to a Judge of the Court, an arrangement entered under section 75C;

(b) in relation to an Associate Judge, an arrangement entered under section 104JA of the Supreme Court Act 1986;".

55 Definitions relating to pensions

In section 5A(1) of the Constitution Act 1975 after "section 83" insert "and section 83AAA".

56 New sections 75C to 75F inserted

After section 75B of the Constitution Act 1975 insert—

"75C Entry into part-time service arrangement

(1) A Judge of the Court other than an excluded judicial officer may enter into an arrangement with the Chief Justice to carry out the duties of Judge of the Court on a part-time basis.


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(2) A part-time service arrangement—

(a) must be in writing;

(b) must specify the proportion of full-time duties to be worked by the Judge of the Court to whom the part-time service arrangement applies, which must be a minimum of 0∙4 of full-time duties;

(c) may specify an expiry date, but is not required to do so.

(3) The Chief Justice may have regard to the following factors in considering whether to enter into a part-time service arrangement—

(a) the operational needs of the Court;

(b) the personal and professional circumstances of the Judge of the Court;

(c) parity and equity with other Judges of the Court;

(d) any other relevant consideration.

(4) A part-time service arrangement takes effect from the date specified in the part-time service arrangement.

75D Variation of part-time service arrangement

(1) A part-time service arrangement may be varied by agreement between the Judge of the Court to whom the arrangement applies and the Chief Justice.

(2) A variation of a part-time service arrangement—



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(b) must specify the proportion of full-time duties to be worked by the Judge of the Court to whom the part-time service arrangement applies, which must be a minimum of 0∙4 of full-time duties.

(3) The Chief Justice may have regard to the factors referred to in section 75C(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 specified in the written variation of the part-time service arrangement.

75E Suspension of part-time service arrangement

(1) A part-time service arrangement is suspended if the Judge of the Court to whom the part-time service arrangement applies is appointed as any one of the following—

(a) Acting Chief Justice;

(b) Acting President of the Court of Appeal;

(c) Acting President of VCAT.

(2) A suspension under subsection (1) is for the period of the acting appointment.

75F Termination of part-time service arrangement

(1) A part-time service arrangement is terminated if the Judge of the Court to whom the part-time service arrangement applies is appointed as any one of the following—

(a) Chief Justice;


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(b) President of the Court of Appeal;

(c) President of VCAT.

(2) A part-time service arrangement may be terminated by agreement between the Judge of the Court to whom the part-time service arrangement applies and the Chief Justice.".

57 Salaries, allowances and pensions of Judges of the Supreme Court

(1) In section 82(1B) of the Constitution Act 1975, for "Each" substitute "Subject to subsection (1C), each".

(2) After section 82(1B) of the Constitution Act 1975 insert—

"(1C) Each Judge of Appeal to whom a part-time service arrangement applies shall be paid a pro-rata amount of the salary referred to in subsection (1B).".

(3) In section 82(2) of the Constitution Act 1975, for "Each" substitute "Subject to subsection (2A), each".

(4) After section 82(2) of the Constitution Act 1975 insert—

"(2A) Each Judge of the Court to whom a part-time service arrangement applies shall be paid a pro-rata amount of the salary referred to in subsection (2).".

(5) After section 82(6C) of the Constitution Act 1975 insert—

"(6D) A part-time service arrangement does not constitute a reduction in the salary of the Judge of the Court or Associate Judge who enters into the arrangement.".


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58 As to pensions of Judges of the Supreme Court and their partners and children

In section 83(6) of the Constitution Act 1975 after "of this section" insert "and section 83AAA".

59 New section 83AAA inserted

After section 83 of the Constitution Act 1975 insert—

"83AAA Effect of part-time service arrangement on judicial pensions

(1) If a Judge of the Court has served under a part-time service arrangement, his or her pension under section 83, and any pension payable in relation to the Judge's partner or eligible children under that section, is reduced by multiplying the amount of the pension by the relevant factor determined under subsection (2) or (3).

(2) Subject to subsection (3), the factor for the purposes of subsection (1) is the highest of—

(a) the proportion of service that occurs during the period when the Judge served in the office of Judge of the Court;

(b) if the Judge is eligible for a pension under section 83(1)(a), the proportion of service that occurs within the 10 year period immediately before the Judge's retirement or resignation;

(c) if the Judge is eligible for a pension under section 83(1)(aa), the proportion of service that occurs in the periods in office that—


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(i) involve the highest proportion of full-time duties; and

(ii) cumulatively total 20 years.

(3) If a Judge of the Court continues service in office beyond the date on which he or she would qualify for a pension and a higher factor would have been calculated under subsection (2) if the Judge's period of office had ended on a date between that date of qualification and the date the Judge actually resigns or retires, that higher factor is the factor by which the pension must be multiplied under subsection (1).

(4) In this section—

judicial service means the sum of—

(a) all part-time service performed by a Judge of the Court calculated by reference to the proportion of full-time duties specified by each part-time service arrangement; and

(b) all full-time service performed by the Judge;

proportion of service means the judicial service during the relevant period divided by the relevant period.

Example

Judge A is appointed at the age of 55 and retires after 15 years at the age of 70. Judge A serves a combination of full-time and part-time service as follows—

(a) first 8 years as a Judge is part-time service at 0∙8 of full-time service;

(b) next 7 years as a Judge is full-time service.


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At the time of Judge A's retirement, the period that Judge A served in the office of Judge under subsection (2)(a) was 15 years and the proportion of service during that period was 13∙4 years (i.e. 8 × 0∙8 + 7). In the 10 year period immediately before Judge A's retirement, the proportion of service was 9∙4 years (i.e. 3 × 0∙8 + 7).

The proportion of service under subsection (2)(a) is 0∙893 (i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94 (i.e. 9∙4 ÷ 10) and these are the relevant factors. Subsection (3) does not alter the relevant factor in this case.

The highest proportion of service is 0∙94, which is the relevant factor. Judge A will therefore receive 94∙0% of a full judicial pension.".

60 Salaries of Associate Judges

(1) In section 83A(1) of the Constitution Act 1975, for "Each" substitute "Subject to subsection (1A), each".


"(1A) Each Associate Judge to whom a part-time service arrangement applies shall be paid a pro-rata amount of the salary referred to in subsection (1).".

61 New section 84A inserted

After section 84 of the Constitution Act 1975 insert—

"84A Judges serving under part-time service arrangement not to engage in legal practice or other paid employment

(1) Without limiting section 84, a Judge of the Court serving under a part-time service arrangement must not engage in legal practice.


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(2) Except with the approval of the Chief Justice, a Judge of the Court serving under a part-time service arrangement must not undertake paid employment or conduct a business, trade or profession of any kind.

(3) Except with the approval of the Chief Justice, a Judge of the Court serving under a part-time service arrangement must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the Judge receives remuneration.".

Division 2—Amendment of the Supreme Court Act 1986

62 Definitions

In section 3(1) of the Supreme Court Act 1986 insert the following definition—

"part-time service arrangement means—

(a) in relation to a Judge of the Court, an arrangement entered under section 75C of the Constitution Act 1975;

(b) in relation to an Associate Judge, an arrangement entered under section 104JA;".

63 New section 104AB inserted

After section 104A of the Supreme Court Act 1986 insert—

"104AB Effect of part-time service arrangement on pensions of Associate Judges

(1) If an Associate Judge has served under a part-time service arrangement, his or her pension under section 104A, and any pension payable in relation to the Associate


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Judge's partner or eligible children under that section, is reduced by multiplying the amount of the pension by the relevant factor determined under subsection (2) or (3).


(a) the proportion of service that occurs during the period when the Associate Judge served in the office of Associate Judge;

(b) if the Associate Judge is eligible for a pension under section 104A(1)(a), the proportion of service that occurs within the 10 year period immediately before the Associate Judge's retirement or resignation;

(c) if the Associate Judge is eligible for a pension under section 104A(1)(aa), the proportion of service that occurs in the periods in office that—



(3) If an Associate Judge continues service in office beyond the date on which he or she would qualify for a pension and a higher factor would have been calculated under subsection (2) if the Associate Judge's period of office had ended on a date between that date of qualification and the date the Associate Judge actually resigns or retires, that higher factor is the factor by which the pension must be multiplied under subsection (1).


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(a) all part-time service performed by the Associate Judge calculated by reference to the proportion of full-time duties specified by each part-time service arrangement; and

(b) all full-time service performed by the Associate Judge;


Example

Associate Judge A is appointed at the age of 55 and retires after 15 years at the age of 70. Associate Judge A serves a combination of full-time and part-time service as follows—

(a) first 8 years as an Associate Judge is part-time service at 0∙8 of full-time service;

(b) next 7 years as an Associate Judge is full-time service.

At the time of Associate Judge A's retirement, the period that Associate Judge A served as an Associate Judge under subsection (2)(a) was 15 years and the proportion of service during that period was 13∙4 years (i.e. 8 × 0∙8 + 7). In the 10 year period immediately before Associate Judge A's retirement, the proportion of service was 9∙4 years (i.e. 3 × 0∙8 + 7).


The highest proportion of service is 0∙94, which is the relevant factor. Associate Judge A will therefore receive 94∙0% of a full Associate Judge's pension.".


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64 New sections 104JA to 104JD inserted

After section 104J of the Supreme Court Act 1986 insert—

"104JA Entry into part-time service arrangement

(1) An Associate Judge may enter into an arrangement with the Chief Justice to carry out the duties of Associate Judge on a part-time basis.



(b) must specify the proportion of full-time duties to be worked by the Associate Judge to whom the part-time service arrangement applies which must be a minimum of 0·4 of full-time duties;


(3) The Chief Justice may have regard to the following factors in considering whether to enter into a part-time service arrangement—

(a) the operational needs of the Court;

(b) the personal and professional circumstances of the Associate Judge;

(c) parity and equity with other Associate Judges;




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104JB Variation of part-time service arrangement

(1) A part-time service arrangement may be varied by agreement between the Associate Judge to whom the arrangement applies and the Chief Justice.



(b) must specify the proportion of full-time duties to be worked by the Associate Judge to whom the part-time service arrangement applies, which must be a minimum of 0·4 of full-time duties.

(3) The Chief Justice may have regard to the factors referred to in section 104JA(3) in considering whether to vary a part-time service arrangement.


104JC Termination of part-time service arrangement

A part-time service arrangement may be terminated by agreement between the Associate Judge to whom the part-time service arrangement applies and the Chief Justice.

104JD Associate Judges serving under part-time service arrangement not to engage in legal practice or other paid employment


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(1) An Associate Judge serving under a part-time service arrangement must not engage in legal practice.

(2) Except with the approval of the Chief Justice, an Associate Judge serving under a part-time service arrangement must not undertake paid employment or conduct a business, trade or profession of any kind.

(3) Except with the approval of the Chief Justice, an Associate Judge serving under a part-time service arrangement must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the Associate Judge receives remuneration.".

Division 3—Amendment of the County Court Act 1958

65 Definitions

In section 3(1) of the County Court Act 1958 insert the following definitions—


(a) the Chief Judge;

(b) the State Coroner;

(c) the President of the Children's Court;

part-time service arrangement means an arrangement entered under section 8A;".

66 Definitions relating to pensions

In section 3AA(1) of the County Court Act 1958 after "section 14" insert "and section 14AAA".


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67 New sections 8A to 8D inserted

After section 8 of the County Court Act 1958 insert—

"8A Entry into part-time service arrangement

(1) A judge or an associate judge, other than an excluded judicial officer, may enter into an arrangement with the Chief Judge to carry out the duties of judge, or associate judge, on a part-time basis.



(b) must specify the proportion of full-time duties to be worked by the judge or associate judge to whom the part-time service arrangement applies, which must be a minimum of 0·4 of full-time duties;


(3) The Chief Judge may have regard to the following factors in considering whether to enter into a part-time service arrangement—

(a) the operational needs of the court;

(b) the personal and professional circumstances of the judge or the associate judge;

(c) parity and equity with other judges or other associate judges;



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8B Variation of part-time service arrangement

(1) A part-time service arrangement may be varied by agreement between the judge or the associate judge to whom the arrangement applies and the Chief Judge.



(b) must specify the proportion of full-time duties to be worked by the judge or the associate judge to whom the part-time service arrangement applies, which must be a minimum of 0·4 of full-time duties.

(3) The Chief Judge may have regard to the factors referred to in section 8A(3) in considering whether to vary a part-time service arrangement.


8C Suspension of part-time service arrangement

(1) A part-time service arrangement is suspended if the judge to whom the part-time service arrangement applies is appointed as any one of the following—

(a) Acting Chief Judge;

(b) Acting State Coroner;


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(c) Acting President of the Children's Court;

(d) Acting President of VCAT.


8D Termination of part-time service arrangement

(1) A part-time service arrangement is terminated if the judge to whom the part-time service arrangement applies is appointed as any one of the following—

(a) Chief Judge;

(b) State Coroner;

(c) President of the Children's Court.

(2) A part-time service arrangement may be terminated by agreement between the judge, or the associate judge, to whom the arrangement applies and the Chief Judge.".

68 Salaries and allowances of the Chief Judge and other judges

(1) In section 10(2) of the County Court Act 1958, for "Each" substitute "Subject to subsection (2A), each".

(2) After section 10(2) of the County Court Act 1958 insert—

"(2A) Each judge to whom a part-time service arrangement applies shall be paid a pro-rata amount of the salary referred to in subsection (2).".

(3) After section 10(6C) of the County Court Act 1958 insert—

"(6D) A part-time service arrangement does not constitute a reduction in the salary of the


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judge or associate judge who enters into the arrangement.".



"13A Judges and associate judges serving under part-time service arrangement not to engage in legal practice or other paid employment

(1) Without limiting section 13, a judge or an associate judge serving under a part-time service arrangement must not engage in legal practice.

(2) Except with the approval of the Chief Judge, a judge or an associate judge serving under a part-time service arrangement must not undertake paid employment or conduct a business, trade or profession of any kind.

(3) Except with the approval of the Chief Judge, a judge or an associate judge serving under a part-time service arrangement must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the judge or the associate judge receives remuneration.".

70 Provision for pensions to County Court judges and their partners

In section 14(5) of the County Court Act 1958 after "purposes of this section" insert "and section 14AAA".


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71 New section 14AAA inserted


"14AAA Effect of part-time service arrangement on judicial pensions

(1) If a judge has served under a part-time service arrangement, his or her pension under section 14, and any pension payable in relation to the judge's partner or eligible children under that section, is reduced by multiplying the amount of the pension by the relevant factor determined under subsection (2) or (3).


(a) the proportion of service that occurs during the period when the judge served in the office of judge;

(b) if the judge is eligible for a pension under section 14(2)(a), the proportion of service that occurs within the 10 year period immediately before the judge's retirement or resignation;

(c) if the judge is eligible for a pension under section 14(2)(b), the proportion of service that occurs in the periods in office that—




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(3) If a judge continues service in office beyond the date on which he or she would qualify for a pension and a higher factor would have been calculated under subsection (2) if the judge's period of office had ended on a date between that date of qualification and the date the judge actually resigns or retires, that higher factor is the factor by which the pension must be multiplied under subsection (1).



(a) all part-time service performed by the judge calculated by reference to the proportion of full-time duties specified by each part-time service arrangement; and

(b) all full-time service performed by the judge;


Example

Judge A is appointed at the age of 55 and retires after 15 years at the age of 70. Judge A serves a combination of full-time and part-time service as follows—

(a) first 8 years as a judge is part-time service at 0∙8 of full-time service;

(b) next 7 years as a judge is full-time service.

At the time of Judge A's retirement, the period that Judge A served in the office of judge under subsection (2)(a) was 15 years and the proportion of service during that period was 13∙4 years (i.e. 8 × 0∙8 + 7). In the 10 year period immediately before Judge A's retirement, the proportion of service was 9∙4 years (i.e. 3 × 0∙8 + 7).

The proportion of service under subsection (2)(a) is 0∙893 (i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94


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(i.e. 9∙4 ÷ 10) and these are the relevant factors. Subsection (3) does not alter the relevant factor in this case.

The highest proportion of service is 0∙94, which is the relevant factor. Judge A will therefore receive 94∙0% of a full judicial pension.".

72 Salaries and allowances of associate judges

(1) In section 17AA(1) of the County Court Act 1958, for "Each" substitute "Subject to subsection (1A), each".

(2) After section 17AA(1) of the County Court Act 1958 insert—

"(1A) Each associate judge to whom a part-time service arrangement applies shall be paid a pro-rata amount of the salary referred to in subsection (1).".

73 New section 17BA inserted

After section 17B of the County Court Act 1958 insert—

"17BA Effect of part-time service arrangement on pensions of associate judges

(1) If an associate judge has served under a part-time service arrangement, his or her pension under section 17B, and any pension payable in relation to the associate judge's partner or eligible children under that section, is reduced by multiplying the amount of the pension by the relevant factor determined under subsection (2) or (3).


(a) the proportion of service that occurs during the period when the associate judge served in the office of associate judge;


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(b) if the associate judge is eligible for a pension under section 17B(1)(a), the proportion of service that occurs within the 10 year period immediately before the associate judge's retirement or resignation;

(c) if the associate judge is eligible for a pension under section 17B(1)(aa), the proportion of service that occurs in the periods in office that—



(3) If an associate judge continues service in office beyond the date on which he or she would qualify for a pension and a higher factor would have been calculated under subsection (2) if the associate judge's period of office had ended on a date between that date of qualification and the date the associate judge actually resigns or retires, that higher factor is the factor by which the pension must be multiplied under subsection (1).



(a) all part-time service performed by the associate judge calculated by reference to the proportion of full time duties specified by each part-time service arrangement; and

(b) all full-time service performed by the associate judge;


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Example

Associate Judge A is appointed at the age of 55 and retires after 15 years at the age of 70. Associate Judge A serves a combination of full-time and part-time service as follows—

(a) first 8 years as an associate judge is part-time service at 0∙8 of full-time service;

(b) next 7 years as an associate judge is full-time service.

At the time of Associate Judge A's retirement, the period that Associate Judge A served in the office of associate judge under subsection (2)(a) was 15 years and the proportion of service during that period was 13∙4 years (i.e. 8 × 0∙8 + 7). In the 10 year period immediately before Associate Judge A's retirement, the proportion of service was 9∙4 years (i.e. 3 × 0∙8 + 7).


The highest proportion of service is 0∙94, which is the relevant factor. Associate Judge A will therefore receive 94∙0% of a full associate judge's pension.".

Division 4—Amendment of the Magistrates' Court Act 1989

74 Definitions

(1) In section 3(1) of the Magistrates' Court Act 1989 insert the following definitions—


(a) the Chief Magistrate;

(b) a Deputy Chief Magistrate;

(b) a Deputy State Coroner;

part-time service arrangement means an arrangement entered under section 7A;".


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(2) In section 3(1) of the Magistrates' Court Act 1989 the definition of part-time magistrate is repealed.

75 Appointment of magistrates

(1) Section 7(1A) of the Magistrates' Court Act 1989 is repealed.

(2) Section 7(8) of the Magistrates' Court Act 1989 is repealed.

(3) For section 7(9) of the Magistrates' Court Act 1989 substitute—

"(9) A magistrate serving under a part-time service arrangement must not engage in legal practice.

(9A) Except with the approval of the Chief Magistrate, a magistrate serving under a part-time service arrangement must not undertake paid employment or conduct a business, trade or profession of any kind.

(9B) Except with the approval of the Chief Magistrate, a magistrate serving under a part-time service arrangement must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the magistrate receives remuneration.".

76 New sections 7A to 7D inserted

After section 7 of the Magistrates' Court Act 1989 insert—

"7A Entry into part-time service arrangement

(1) A magistrate other than an excluded judicial officer may enter into an arrangement with the Chief Magistrate to carry out the duties of magistrate on a part-time basis.


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(b) must specify the proportion of full-time duties to be worked by the magistrate to whom the part-time service arrangement applies, which must be a minimum of 0·4 of full-time duties;


(3) The Chief Magistrate may have regard to the following factors in considering whether to enter into a part-time service arrangement—

(a) the operational needs of the court;

(b) the personal and professional circumstances of the magistrate;

(c) parity and equity with other magistrates;


(4) A part-time service arrangement takes effect from the date agreed by the Chief Magistrate and the magistrate and specified in the part-time service arrangement.

7B Variation of part-time service arrangement

(1) A part-time service arrangement may be varied by agreement between the magistrate to whom the arrangement applies and the Chief Magistrate.



(b) must specify the proportion of full-time duties to be worked by the magistrate to


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whom the part-time service arrangement applies, which must be a minimum of 0·4 of full-time duties.

(3) The Chief Magistrate may have regard to the factors referred to in section 7A(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 agreed by the Chief Magistrate and the magistrate and specified in the written variation of the part-time service arrangement.

7C Suspension of part-time service arrangement

(1) A part-time service arrangement is suspended if the magistrate to whom the part-time service arrangement applies is appointed as any one of the following—

(a) Acting Chief Magistrate;

(b) Acting Deputy Chief Magistrate;

(c) Acting Deputy State Coroner.


7D Termination of part-time service arrangement

(1) A part-time service arrangement is terminated if the magistrate to whom the part-time service arrangement applies is appointed as any one of the following—

(a) Chief Magistrate;

(b) Deputy Chief Magistrate;


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(b) Deputy State Coroner.

(2) A part-time service arrangement may be terminated by agreement between the magistrate to whom the arrangement applies and the Chief Magistrate.".

77 Assignment of duties

Section 13(3) of the Magistrates' Court Act 1989 is repealed.

78 Salaries and allowances of magistrates

(1) Clause 2(b) of Schedule 1 to the Magistrates' Court Act 1989 is repealed.

(2) In clause 3(b) of Schedule 1 to the Magistrates' Court Act 1989 for "part-time magistrate" substitute "magistrate serving under a part-time service arrangement".

(3) In clause 9 of Schedule 1 to the Magistrates' Court Act 1989 for "clauses 2(b) and" substitute "clause".

79 New clause 51B of Schedule 8 inserted

After clause 51A of Schedule 8 to the Magistrates' Court Act 1989 insert—

"51B Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013—part-time magistrates

A magistrate who was a part-time magistrate as defined in section 3(1) immediately before the repeal of that definition by the Courts Legislation Amendment (Judicial Officers) Act 2013, on and from that repeal—


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(a) continues to hold the office of magistrate; and

(b) is taken to be serving under a part-time service arrangement on the same terms as applied to the magistrate in his or her capacity as a part-time magistrate.".

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PART 4—AMENDMENT OF THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998

See:Act No.53/1998.Reprint No. 8as at24 January 2013and amendingAct Nos11/2010, 83/2012, 5/2013 and 19/2013.LawToday:www.legislation.vic.gov.aus. 80

80 New section 17AA inserted—Victorian Civil and Administrative Tribunal Act 1998

After section 17 of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"17AA Appropriation of certain amounts in relation to non-judicial members


(a) the amounts (including the amount of any non-salary benefits) payable to or for any non-judicial member; and

(b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of any non-judicial member; and

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any non-judicial member; and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in



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respect of fringe benefits provided to any non-judicial member; and

(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any non-judicial member.".

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86

PART 5—CONSEQUENTIAL AMENDMENTS AND OTHER AMENDMENTS

Division 1—Children, Youth and Families Act 2005


After section 513 of the Children, Youth and Families Act 2005 insert—

"513A Constitution of Court if magistrate unable to continue

Despite anything in any Act or the rules, any power, duty or act which might have been exercised or performed by the Court constituted by a magistrate may be exercised or performed by the Court constituted by any other magistrate if the Court cannot for any reason be constituted by that first mentioned magistrate.".

Division 2—Coroners Act 2008

82 Definitions

In section 3(1) of the Coroners Act 2008, in the definition of coroner, in paragraph (d) for "an acting" substitute "a".


(1) In the heading to section 94 of the Coroners Act 2008, for "Acting" substitute "Appointment of".

(2) In section 94 of the Coroners Act 2008—

(a) in subsection (1) for "acting coroners" substitute "coroners under this section";

(b) in subsection (2) for "an acting coroner" substitute "a coroner under this section";


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(c) in subsection (3)—

(i) for "An acting coroner" substitute "A coroner under this section";

(ii) for "an acting" substitute "a";

(d) in subsection (4)—

(i) for "An acting coroner" substitute "A coroner under this section";

(ii) omit "acting" where secondly and thirdly occurring;

(e) in subsection (5), for "An acting coroner" substitute "A coroner under this section".

84 Delegation from the State Coroner to a registrar

For section 99(2)(e) of the Coroners Act 2008 substitute—

"(e) ordering that a body be released;".


After section 101 of the Coroners Act 2008 insert—

"101A Constitution of Coroners Court if coroner unable to continue and constitution of Coroners Court in certain circumstances

(1) Despite anything in any Act or the rules, any power, duty or act which might have been exercised or performed by the Coroners Court constituted by a coroner may be exercised or performed by the Coroners Court constituted by any other coroner if the Coroners Court cannot for any reason be constituted by that first mentioned coroner.

(2) For the avoidance of doubt, for the purpose of completion of any matter whether under section 102S or otherwise, the Coroners Court may be constituted or continue to be


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constituted by a reserve coroner who is a coroner without reconstitution of the Court despite any interruption in continuity of his or her tenure, appointment or engagement.".

Division 3—Independent Broad-based Anti-corruption Commission Act 2011

86 DefinitionsSee:Act No.66/2011. Reprint No. 1 as at11 February 2013and amendingAct Nos79/2012, 5/2013 and 28/2013.LawToday:www.legislation.vic.gov.aus. 86

In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, in the definition of judicial officer—

(a) after paragraph (b) insert—

"(ba) a reserve Associate Judge of the Supreme Court;";

(b) after paragraph (e) insert—

"(ea) a reserve associate judge of the County Court;".

Division 4—Judicial Remuneration Tribunal Act 1995

87 Definitions

In section 3 of the Judicial Remuneration Tribunal Act 1995, in the definition of reserve office holder for paragraphs (a) and (b) substitute—

"(a) in the case of the Supreme Court—

See:Act No.22/1995.Reprint No. 1as at22 June 2005and amendingAct Nos80/2006, 24/2008, 77/2008, 68/2012 and 5/2013.LawToday:www.legislation.vic.gov.au



89

(i) a reserve Judge within the meaning of the Constitution Act 1975 engaged under section 81B of that Act to undertake the duties of a Judge of the Court;

(ii) a reserve Associate Judge within the meaning of the Supreme Court Act 1986 engaged under section 105D of that Act to undertake the duties of an Associate Judge;

(b) in the case of the County Court—

(i) a reserve judge within the meaning of the County Court Act 1958 engaged under section 12B of that Act to undertake the duties of a judge of the court;

(ii) a reserve associate judge within the meaning of the County Court Act 1958 engaged under section 17KC of that Act to undertake the duties of an associate judge;".

Division 5—Judicial Salaries Act 2004

88 DefinitionsSee:Act No.38/2004.Reprint No. 1as at20 May 2010and amendingAct Nos34/2010 and 5/2013.LawToday:www.legislation.vic.gov.aus. 88

In section 3(1) of the Judicial Salaries Act 2004 insert the following definitions—



90

"reserve associate judge of the County Court means a reserve associate judge within the meaning of the County Court Act 1958;

reserve Associate Judge of the Supreme Court means a reserve Associate Judge within the meaning of the Supreme Court Act 1986;".

89 Salaries of other judicial officers and remuneration of acting magistrates (2004 to 2005)

In section 4 of the Judicial Salaries Act 2004, subsections (2), (3) and (4) are repealed.

90 Salaries of other judicial officers and remuneration of reserve magistrates (2005 onwards)

(1) In section 6 of the Judicial Salaries Act 2004—

(a) subsections (2A), (2B), (3) and (3AA) are repealed;

(b) in subsection (4) for "acting magistrates" substitute "reserve judges, reserve associate judges and reserve magistrates".

(2) For section 6(3AAB) of the Judicial Salaries Act 2004 substitute—

"(3AAB) A reserve Judge of the Supreme Court performing the duties of a Judge on a sessional basis is entitled to be paid from time to time remuneration at the rate per sitting day which is—

(a) in the case of a reserve Judge referred to in section 81F(3)(a) of the Constitution Act 1975, 1/235th of the annual salary of a Judge of Appeal


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(other than the Chief Justice and the President of the Court of Appeal) who is not a reserve Judge; and

(b) in any other case, 1/235th of the annual salary of a Judge of the Supreme Court who is not a reserve Judge.".

(3) After section 6(3AAD) of the Judicial Salaries Act 2004 insert—

"(3AAE) A reserve Associate Judge of the Supreme Court performing the duties of an Associate Judge on a sessional basis is entitled to be paid from time to time remuneration at the rate per sitting day which is—

(a) in the case of a reserve Associate Judge referred to in section 83B(3)(a) of the Constitution Act 1975, 1/235th of the annual salary of an Associate Judge who is the Senior Master who is not a reserve Associate Judge; and

(b) in any other case, 1/235th of the annual salary of a General Supreme Court Master.

(3AAF) A reserve associate judge of the County Court performing the duties of an associate judge on a sessional basis is entitled to be paid from time to time remuneration at the rate per sitting day which is 1/235th of the annual salary of an associate judge of the County Court who is not a reserve associate judge.".

91 Allowances of judicial officers

In section 7(2) of the Judicial Salaries Act 2004—

(a) after paragraph (a) insert—


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"(ab) a reserve Associate Judge of the Supreme Court; or";

(b) after paragraph (b) insert—

"(ba) a reserve associate judge of the County Court; or".

92 Transitional—remuneration of acting magistrates before 1 May 2005

Section 7A of the Judicial Salaries Act 2004 is repealed.

Division 6—Ombudsman Act 1973

93 Definitions—Ombudsman Act 1973See:Act No.8414.Reprint No. 9 as at11 February 2013and amendingAct No.5/2013.LawToday:www.legislation.vic.gov.aus. 93

In section 2(1) of the Ombudsman Act 1973, the definition of acting coroner is repealed.



93

94 Exempt persons and bodies—Schedule 2 to the Ombudsman Act 1973

In clause 7 of Schedule 2 to the Ombudsman Act 1973—

(a) after paragraph (c) insert—

"(ca) a reserve Associate Judge within the meaning of the Supreme Court Act 1986;";

(b) after paragraph (g) insert—

"(ga) a reserve associate judge within the meaning of the County Court Act 1958;";

(c) for paragraph (l) substitute—

"(l) a coroner;

(la) a reserve coroner within the meaning of the Coroners Act 2008;".

Division 7—Protected Disclosure Act 2012

95 DefinitionsSee:Act No.85/2012and amendingAct Nos82/2012, 85/2012 and 5/2013.LawToday:www.legislation.vic.gov.aus. 95



94

(1) In section 3 of the Protected Disclosure Act 2012, the definition of acting coroner is repealed.

(2) In section 3 of the Protected Disclosure Act 2012 in the definition of judicial officer—

(a) after paragraph (c) insert—

"(ca) a reserve Associate Judge within the meaning of the Supreme Court Act 1986;";

(b) after paragraph (g) insert—

"(ga) a reserve associate judge within the meaning of the County Court Act 1958;";

(c) for paragraph (l) substitute—

"(l) a coroner;

(la) a reserve coroner within the meaning of the Coroners Act 2008;".

Division 8—Public Administration Act 2004

96 Public Administration Act 2004—Schedule 1A

In Schedule 1A to the Public Administration Act 2004—

(a) in clause 2(c) after "Court" insert "or a reserve Associate Judge within the meaning of the Supreme Court Act 1986";

(b) in clause 2(d) after "Court" insert "or a reserve associate judge within the meaning of the County Court Act 1958".

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See:Act No.108/2004.Reprint No. 4as at1 July 2013.LawToday:www.legislation.vic.gov.au



95

PART 6—REPEAL OF AMENDING ACT

97 Repeal of amending Act

This Act is repealed on 1 February 2015.Note

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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ENDNOTES

Endnotes


97

† Minister's second reading speech—

Legislative Assembly: 21 August 2013

Legislative Council: 17 October 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Constitution Act 1975, the Supreme Court Act 1986, the County Court Act 1958 and the Magistrates' Court Act 1989 to provide for part-time judicial service, to provide for the office of reserve associate judge and reserve coroner and further provide for reserve judges and reserve magistrates, to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to remuneration of non-judicial members, to consequentially amend other Acts and for other purposes."

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 16 October 2013

Legislative Council: 29 October 2013

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