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Courts Legislation Amendment (Reserve Judicial Officers) Act 2013

No. 5 of 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—AMENDMENTS RELATING TO THE SUPREME COURT 3

Division 1—Amendments to the Constitution Act 1975 3

3 Definitions 34 Divisions of Court 35 Commissions of Judges 36 Chief Justice and Judges of Court of Appeal 47 Seniority 48 Governor in Council may appoint Acting Chief Justice 49 Governor in Council may appoint acting President 410 Appointment of acting Judges 411 Transitional provision—reserve Judges 412 New sections 81 to 81I inserted 5

81 Appointment of reserve Judges 581A Cessation of office 581B Attorney-General may engage reserve Judge to

undertake duties of Judge of the Court 681C Powers, jurisdiction, immunities and protection of

reserve Judge 681D Pension rights and service not affected by being a

reserve Judge 781E Engaging in legal practice or other paid employment 781F Remuneration and entitlements of reserve Judge 781G Appropriation of certain amounts in relation to

reserve Judges 1081H Construction of references—Courts Legislation

Amendment (Reserve Judicial Officers) Act 2013 1081I Regulations dealing with transitional matters—

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 11

1

13 As to pensions of Judges of the Supreme Court and their partners and children 12

14 Judges not to hold any other place of profit 12

Division 2—Amendments to the Supreme Court Act 1986 13

15 Definitions 1316 Business to be disposed of by Trial Division constituted by a

Judge of the Court or by an Associate Judge 1317 Power to make Rules 1418 Manner of making Rules 1419 Council of Judges 1420 Professional development and training 1421 New section 151 inserted 14

151 Regulations dealing with transitional matters—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 14

PART 3—AMENDMENTS RELATING TO THE COUNTY COURT 16

22 Definitions 1623 Appointment and qualification of judges 1624 Section 11 repealed 1625 New sections 12 to 12G inserted 17

12 Appointment of reserve judges 1712A Cessation of office 1712B Attorney-General may engage reserve judge to

undertake duties of judge of the court 1812C Powers, jurisdiction, immunities and protection of

reserve judge 1812D Pension rights and service not affected by being a

reserve judge 1812E Engaging in legal practice or other paid employment 1912F Remuneration and entitlements of reserve judge 1912G Appropriation of certain amounts in relation to

reserve judges 2126 Provision for pensions to County Court judges and their

partners 2227 Professional development and training 2228 Power to make rules of practice 2329 Council of Judges 2330 New sections 96 and 97 inserted 23

96 Transitional provisions—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 23


PART 4—AMENDMENTS RELATING TO THE MAGISTRATES' COURT 26

31 Definitions 2632 Appointment of magistrates 2633 Appointment of Acting Chief Magistrate 2634 Section 9 repealed 2635 New sections 9A to 9F inserted 27

9A Appointment of reserve magistrates 279B Cessation of office 279C Attorney-General may engage reserve magistrate to

undertake duties of a magistrate 289D Pension rights and service of Chief Magistrate not

affected by being a reserve magistrate 289E Powers, jurisdiction, immunities and protection of

reserve magistrate 299F Engaging in legal practice or other paid employment 29

36 Salaries 2937 Assignment of duties 2938 Council of magistrates 2939 Salaries and allowances of magistrates 30

PART 2—RESERVE MAGISTRATES 30

11 Remuneration and entitlements of reserve magistrate 3012 Appropriation of certain amounts in relation to

reserve magistrates 3240 Savings and transitional provisions 33

50 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 33


PART 5—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 37

Division 1—Judicial Remuneration Tribunal Act 1995 and Judicial Salaries Act 2004 37

41 Definitions—Judicial Remuneration Tribunal Act 1995 3742 Functions of the Tribunal 3843 Advisory opinions 3844 Attorney-General's certificate 3845 Definitions—Judicial Salaries Act 2004 3846 Salaries of other judicial officers and remuneration of acting

magistrates (2005 onwards) 3947 Allowances of judicial officers 40

Division 2—Amendments to other Acts 40

48 Definitions—Children, Youth and Families Act 2005 4049 President, magistrate or acting magistrate to be in attendance 4050 Assignment of magistrates or acting magistrates 4151 President 4152 Acting President 4253 Assignment of duties 4254 Delegation by President 4255 Protection of magistrates or acting magistrates 4256 Rules 4257 Definitions—Coroners Act 2008 4358 State Coroner 4359 Deputy State Coroner 4360 Assignment of magistrates and acting magistrates to be

coroners 4361 Rules of the Coroners Court 4462 Definitions—Independent Broad-based Anti-corruption

Commission Act 2011 4463 Definitions—Ombudsman Act 1973 4564 Definitions—Protected Disclosure Act 2012 4565 Public Administration Act 2004—Schedule 1A 4666 Definitions—Victims of Crime Assistance Act 1996 4667 Establishment 4768 Validity of proceedings 4769 Definitions—Victorian Civil and Administrative Tribunal

Act 1998 4770 President 4771 Vice Presidents 4872 Short-term Vice Presidents 4873 Vacation of office 4874 Acting President 4975 Acting Vice President 4976 Additional acting judicial appointments 4977 Membership 49

PART 6—AMENDMENTS TO CHILDREN, YOUTH AND FAMILIES ACT 2005—YOUTH PAROLE BOARD AND YOUTH RESIDENTIAL BOARD 50

78 Alternate members—Youth Residential Board 5079 Alternate members—Youth Parole Board 50

PART 7—REPEAL OF AMENDING ACT 51

80 Repeal of amending Act 51═══════════════

ENDNOTES 52

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013†

No. 5 of 2013

[Assented to 26 February 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main 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—

(i) to provide for reserve judicial officers of those Courts; and

Victoria

1

(ii) to repeal the office of acting judge and acting magistrate; and

(b) to consequentially amend the Judicial Salaries Act 2004 and other Acts.

2 Commencement

(1) This Act, except sections 62, 63 and 64, comes into operation on the day after the day on which it receives the Royal Assent.

(2) Sections 62, 63 and 64 come into operation on a day or days to be proclaimed.

__________________

s. 2 Section Page

2

PART 2—AMENDMENTS RELATING TO THE SUPREME COURT

Division 1—Amendments to the Constitution Act 1975

3 Definitionss. 3

See:Act No.8750.Reprint No. 20as at13 October 2011.LawToday:www.legislation.vic.gov.au

(1) In section 5 of the Constitution Act 1975 insert the following definition—

"reserve Judge means a person appointed under section 81;".

(2) In section 5 of the Constitution Act 1975, in the definition of Judge of the Court after "75(3)" insert "and, subject to this Act, and unless the context otherwise requires, in Part III includes a reserve Judge engaged under section 81B to undertake the duties of a Judge of the Court during any period of engagement".

4 Divisions of Court

After section 75A(5) of the Constitution Act 1975 insert—

'(6) In this section, a reference to "Judges of Appeal" includes any reserve Judges engaged under section 81B to undertake the duties of a Judge of Appeal during any period of engagement.'.

5 Commissions of Judges

After section 77(4) of the Constitution Act 1975 insert—

Part 1—Preliminary

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013No. 5 of 2013

3

"(5) In this section, a reference to a Judge of the Court does not include a reserve Judge.".

6 Chief Justice and Judges of Court of Appeal

At the end of section 78A of the Constitution Act 1975 insert—

"(2) A reserve Judge must not be appointed as Chief Justice or President of the Court of Appeal.".

7 Seniority

After section 78B(4) of the Constitution Act 1975 insert—

"(5) Despite subsections (2) and (3), the Chief Justice may determine the rank, status and precedence of any reserve Judge engaged under section 81B.".

8 Governor in Council may appoint Acting Chief Justice


"(3) A reserve Judge must not be appointed as Acting Chief Justice.".

9 Governor in Council may appoint acting President

After section 79A(2) of the Constitution Act 1975 insert—

"(3) A reserve Judge must not be appointed as Acting President.".

10 Appointment of acting Judges

s. 6Part 1—Preliminary


4

Section 80D of the Constitution Act 1975 is repealed.

11 Transitional provision—reserve Judges

Section 80E of the Constitution Act 1975 is repealed.

12 New sections 81 to 81I inserted

Before section 82 of the Constitution Act 1975 insert—

"81 Appointment of reserve Judges

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

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

(a) has not attained the age of 75 years; and

(b) is, or has been—

(i) a Judge of the Court; or

(ii) a judge of the Federal Court of Australia; or

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

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

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

81A Cessation of office



5

(1) A reserve 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 Judge; or

(b) attaining the age of 75 years.

(2) A reserve Judge may only be removed from office in the same way and on the same grounds as a Judge of the Court is liable to be removed from office.

81B Attorney-General may engage reserve Judge to undertake duties of Judge of the Court

(1) The Attorney-General may, from time to time, by notice in writing, engage a reserve Judge to undertake the duties of a Judge of the Court—

(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 that a reserve Judge is to undertake—

(i) the duties of a Judge of Appeal;

(ii) the duties of a Judge of the Court other than a Judge of Appeal;

(b) must specify the period of the engagement.

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

81C Powers, jurisdiction, immunities and protection of reserve Judge



6

Subject to this Act and the Supreme Court Act 1986, a reserve Judge has the same powers, jurisdiction, immunities and protection as a Judge of the Court when undertaking the duties of a Judge of the Court in accordance with an engagement under section 81B.

81D Pension rights and service not affected by being a reserve Judge

(1) Service as a reserve Judge does not count as service in the office of Judge of the Court for the purposes of section 83.

(2) Despite section 83(4)(i) and (ii), appointment as a reserve Judge does not affect the right of a Judge to a pension under section 83.

81E Engaging in legal practice or other paid employment

Except with the approval of the Attorney-General, a reserve 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 a Judge of the Court under section 81B.

81F Remuneration and entitlements of reserve Judge

(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 to the holder of that office on other than a reserve basis.



7

(2) If a reserve Judge who is engaged to undertake the duties of a Judge of the Court on a full time basis under section 81B 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 Judge is entitled must be deducted from the salary payable to that reserve Judge under subsection (1).

(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 for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office.

(4) A reserve Judge engaged to undertake the duties of a Judge of the Court on a sessional basis under section 81B who is entitled to—





8

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 Judge;

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

(5) Each reserve 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 Judge, by notice in writing to the Attorney-General, may enter into an arrangement under which the reserve 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 Judge may vary or revoke a notice he or she has given under subsection (6) by notice in writing to the Attorney-General.

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



9


(b) a later date.

(10) In subsection (6) and section 81G, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.

81G Appropriation of certain amounts in relation to reserve 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 Judges; and

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

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

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

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

81H Construction of references—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013



10

Unless inconsistent with the context or the subject matter, on and from the commencement of section 10 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a reference in any Act (other than this Act, the Supreme Court Act 1986 or the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013), subordinate instrument or any other document to an acting Judge, being an acting Judge appointed under section 80D as in force immediately before its repeal, is to be construed as a reference to a reserve Judge so far as the reference relates to any period on or after that commencement.

81I Regulations dealing with transitional matters—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, including the repeals and amendments made by that Act.

(2) Regulations made under this section may—

(a) have a retrospective effect to a day on or from the day on which the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 received the Royal Assent; and

(b) be of limited or general application; and

(c) leave any matter or thing to be decided by a specified person or class of person; and

s. 12s. 12Part 1—Preliminary


11

(d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section.

(3) Regulations under this section have effect despite anything to the contrary—

(a) in any Act (other than the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 or the Charter of Human Rights and Responsibilities Act 2006); or

(b) in any subordinate instrument.

(4) This section is repealed on the second anniversary of the day on which it comes into operation.".

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

(1) At the foot of section 83(1) of the Constitution Act 1975 insert—"Note

See sections 81D and 81F as to pension entitlements and appointment as a reserve Judge.".

(2) In section 83(6)(aa) of the Constitution Act 1975, after "if" insert ", before the repeal of section 80D by section 10 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013,".

14 Judges not to hold any other place of profit



12


"(6) This section applies to a reserve Judge during any period of engagement under section 81B.".

Division 2—Amendments to the Supreme Court Act 1986

15 Definitionss. 15

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

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

"reserve Judge means a person appointed under section 81 of the Constitution Act 1975;".

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

(a) in the definition of Judge of Appeal after "1975" insert "and, subject to this Act, and unless the context otherwise requires, includes a reserve Judge engaged under section 81B of the Constitution Act 1975 to undertake the duties of a Judge of Appeal during any period of engagement";



13

(b) in the definition of Judge of the Court after "1975" insert "and, subject to this Act, and unless the context otherwise requires, includes a reserve Judge engaged under section 81B of the Constitution Act 1975 to undertake the duties of a Judge of the Court during any period of engagement".

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

After section 17(3) of the Supreme Court Act 1986 insert—

"(4) In this section, a reference to a Judge of the Court includes a reserve Judge engaged under section 81B of the Constitution Act 1975 to undertake the duties of a Judge of the Court in the Trial Division during any period of engagement.".

17 Power to make Rules

In section 25(1) of the Supreme Court Act 1986, for "Judge who has made an election under section 80A(1) or has been appointed under section 80A(3A) of the Constitution Act 1975" substitute "reserve Judge".

18 Manner of making Rules

In section 26 of the Supreme Court Act 1986, for "Judge who has made an election under section 80A(1) or has been appointed under section 80A(3A) of the Constitution Act 1975" substitute "reserve Judge".

19 Council of Judges



14

For section 28(4) of the Supreme Court Act 1986 substitute—

"(4) In this section, Judges does not include any reserve Judge or any Associate Judge.".

20 Professional development and training

In section 28A(1) of the Supreme Court Act 1986 for paragraph (a) of the definition of judicial officer substitute—

"(a) a Judge of the Court, including a reserve Judge; or".

21 New section 151 inserted

After section 150 of the Supreme Court Act 1986 insert—

"151 Regulations dealing with transitional matters—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013








15






__________________



16

PART 3—AMENDMENTS RELATING TO THE COUNTY COURT

22 Definitionss. 22

See:Act No.6230.Reprint No. 14as at1 August 2010and amendingAct Nos 34/2010,47/2010, 64/2010, 50/2011, 65/2011, 23/2012, 26/2012 and 68/2012.LawToday:www.legislation.vic.gov.au

(1) In section 3(1) of the County Court Act 1958, in the definition of judge—

(a) omit "or acting judge";

(b) after "Chief Judge" insert "and, subject to this Act, and unless the context otherwise requires, a reserve judge engaged under section 12B to undertake the duties of a judge during any period of engagement".

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

"reserve judge means a person appointed under section 12;".

23 Appointment and qualification of judges

After section 8(2B) of the County Court Act 1958 insert—

"(2C) A reserve judge must not—

(a) be appointed as Chief Judge;

(b) be appointed as Acting Chief Judge;

(c) act as Chief Judge.".



17

24 Section 11 repealed

Section 11 of the County Court Act 1958 is repealed.

25 New sections 12 to 12G inserted

Before section 13 of the County Court Act 1958 insert—

"12 Appointment of reserve judges

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

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



(i) a judge of the court; or

(ii) a judge of a District Court (however designated) of another State.

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

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

12A Cessation of office

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



18

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


(2) A reserve judge may only be removed from office in the same way and on the same grounds as a judge of the court is liable to be removed from office.

12B Attorney-General may engage reserve judge to undertake duties of judge of the court

(1) The Attorney-General may, from time to time, by notice in writing, engage a reserve judge to undertake the duties of a judge of the court—



(2) Without limiting subsection (1), an engagement under that subsection must specify the period of the engagement.


12C Powers, jurisdiction, immunities and protection of reserve judge

Subject to this Act, a reserve judge has the same powers, jurisdiction, immunities and protection as a judge of the court when undertaking the duties of a judge of the court in accordance with an engagement under section 12B.

12D Pension rights and service not affected by being a reserve judge



19

(1) Service as a reserve judge does not count as service in the office of judge of the court for the purposes of section 14.

(2) Despite section 14(3A)(a) and (b), appointment as a reserve judge does not affect the right of a judge to a pension under section 14.

12E Engaging in legal practice or other paid employment

Except with the approval of the Attorney-General, a reserve 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 a judge of the court under section 12B.

12F Remuneration and entitlements of reserve judge

(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 12B 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 judge who is engaged to undertake the duties of a judge of the court on a full time basis under section 12B is entitled to—




20


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

(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 12B 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 judge engaged to undertake the duties of a judge of the court on a sessional basis under section 12B 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 judge;



21

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

(5) Each reserve 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 judge, by notice in writing to the Attorney-General, may enter into an arrangement under which the reserve 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 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) In subsection (6) and section 12G, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.

12G Appropriation of certain amounts in relation to reserve judges



22


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

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

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

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

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

26 Provision for pensions to County Court judges and their partners

(1) At the foot of section 14(2) of the County Court Act 1958 insert—"Note

See sections 12D and 12F as to pension entitlements and appointment as a reserve judge.".

(2) In section 14(5)(aa) of the County Court Act 1958, after "if" insert ", before the repeal of section 11 by the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013,".



23

27 Professional development and training

In section 17AAA(1) of the County Court Act 1958 for paragraph (a) of the definition of judicial officer substitute—

"(a) a judge, including a reserve judge; or".

28 Power to make rules of practice

In section 78(1) and (2) of the County Court Act 1958, for "other than judges who made an election under section 13A(1), or were appointed under section 13A(3A), before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005" substitute "other than reserve judges".

29 Council of Judges

In section 87(3) of the County Court Act 1958 for "judge who made an election under section 13A(1), or was appointed under section 13A(3A), before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005" substitute "reserve judge".

30 New sections 96 and 97 inserted

After section 95 of the County Court Act 1958 insert—

"96 Transitional provisions—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013

(1) On and from the commencement of section 24 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person who held the office of acting judge under section 11 as in force



24

immediately before its repeal is taken to hold the office of reserve judge as if he or she had been appointed as a reserve judge under section 12.

(2) If a person referred to in subsection (1) was engaged under section 11 as in force immediately before its repeal on a full time or sessional basis, on and from the commencement of section 24 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, that engagement continues until its expiry as if it were an engagement under section 12B.

(3) Unless inconsistent with the context or the subject matter, on and from the commencement of section 24 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a reference in any Act (other than this Act or the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013), subordinate instrument or any other document to an acting judge, being an acting judge appointed under section 11 as in force immediately before its repeal, is to be construed as a reference to a reserve judge so far as the reference relates to any period on or after that commencement.

97 Regulations dealing with transitional matters—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Courts Legislation Amendment (Reserve Judicial



25

Officers) Act 2013, including the repeals and amendments made by that Act.










__________________



26

PART 4—AMENDMENTS RELATING TO THE MAGISTRATES' COURT

31 Definitionss. 31

See:Act No.51/1989.Reprint No. 16as at1 January 2012 and amending Act Nos 12/2010, 65/2011, 23/2012, 26/2012 and 48/2012.LawToday:www.legislation.vic.gov.au

(1) In section 3(1) of the Magistrates' Court Act 1989, in the definition of magistrate, for "an acting magistrate" substitute "a reserve magistrate engaged under section 9C to undertake the duties of a magistrate during any period of engagement".

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

"reserve magistrate means a person appointed under section 9A;".

32 Appointment of magistrates

(1) In section 7(7A) of the Magistrates' Court Act 1989, for "was immediately prior to his or her appointment an acting magistrate, during that appointment" substitute "was appointed as a magistrate before the repeal of section 9 by the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 and immediately before that appointment as a magistrate was an acting magistrate under section 9, during that appointment as an acting magistrate,".

(2) In section 7(10) of the Magistrates' Court Act 1989, for "an acting" substitute "a reserve".



27

33 Appointment of Acting Chief Magistrate

In section 8(1) of the Magistrates' Court Act 1989, after "the magistrates" insert "(other than a reserve magistrate)".

34 Section 9 repealed

Section 9 of the Magistrates' Court Act 1989 is repealed.

35 New sections 9A to 9F inserted

Before section 10 of the Magistrates' Court Act 1989 insert—

"9A Appointment of reserve magistrates

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

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



(i) a magistrate appointed under section 7 or any previous corresponding provision; or

(ii) a magistrate of a Magistrates' Court or Local Court (however designated) of another State or the Northern Territory or the Australian Capital Territory.

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

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

9B Cessation of office



28

(1) A reserve magistrate 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 magistrate; or


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

9C Attorney-General may engage reserve magistrate to undertake duties of a magistrate

(1) The Attorney-General may, from time to time, by notice in writing, engage a reserve magistrate to undertake the duties of a magistrate—



(2) Without limiting subsection (1), an engagement under that subsection must specify the period of the engagement.


9D Pension rights and service of Chief Magistrate not affected by being a reserve magistrate

(1) Despite section 10A(2), appointment as a reserve magistrate does not affect the right of a person who was the Chief Magistrate before that appointment to a pension under section 10A.



29

(2) Service as a reserve magistrate does not count as service in the office of Chief Magistrate for the purposes of section 10A.

9E Powers, jurisdiction, immunities and protection of reserve magistrate

Subject to this Act, a reserve magistrate has the same powers, jurisdiction, immunities and protection as a magistrate when undertaking the duties of a magistrate in accordance with an engagement under section 9C.

9F Engaging in legal practice or other paid employment

Except with the approval of the Attorney-General, a reserve magistrate 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 magistrate under section 9C.".

36 Salaries

In section 10(2) of the Magistrates' Court Act 1989, for "acting" substitute "reserve".

37 Assignment of duties

In section 13(3) of the Magistrates' Court Act 1989, for "an acting" substitute "a reserve".

38 Council of magistrates

(1) In section 15(1) of the Magistrates' Court Act 1989 omit "(not including any acting magistrate)".



30

(2) After section 15(3) of the Magistrates' Court Act 1989 insert—

'(4) In this section, "magistrate" does not include a reserve magistrate.'.

39 Salaries and allowances of magistrates

For Part 2 of Schedule 1 to the Magistrates' Court Act 1989 substitute—

"PART 2—RESERVE MAGISTRATES

11 Remuneration and entitlements of reserve magistrate

(1) Subject to subclause (2), each reserve magistrate engaged to undertake the duties of a magistrate on a full time basis under section 9C 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 magistrate who is engaged to undertake the duties of a magistrate on a full time basis under section 9C is entitled to—





31

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

(3) Subject to subclause (4), each reserve magistrate engaged to undertake the duties of a magistrate on a sessional basis under section 9C 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 magistrate engaged to undertake the duties of a magistrate on a sessional basis under section 9C 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 magistrate;

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



32

(5) Each reserve magistrate 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 magistrate, by notice in writing to the Attorney-General, may enter into an arrangement under which the reserve magistrate 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 subclause (6) must specify a date from which the arrangement is to take effect which must be—


(b) a later date.

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



(b) a later date.

(10) In subclause (6) and clause 12, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.

12 Appropriation of certain amounts in relation to reserve magistrates


s. 39s. 39Part 1—Preliminary


33

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

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

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

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

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

40 Savings and transitional provisions

After clause 49 of Schedule 8 to the Magistrates' Court Act 1989 insert—

"50 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013

(1) On and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person who held the office of acting magistrate under section 9 as in force immediately before its repeal who is not eligible to be a reserve magistrate under section 9A, but is eligible to be a magistrate under section 7, is taken to hold the office of magistrate as if he or she had been appointed as a magistrate under section 7 on the



34

commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013.

(2) On and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person other than a person referred to in subsection (1) who held the office of acting magistrate under section 9 as in force immediately before its repeal is taken to hold the office of reserve magistrate as if he or she had been appointed as a reserve magistrate under section 9A.

(3) If a person referred to in subclause (2) was required to undertake the duties of a magistrate under section 9(4) as in force immediately before its repeal on a full time or sessional basis, on and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, that requirement continues until its expiry as if it were an engagement under section 9C.

(4) If, immediately before the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person referred to in subclause (1) or (2) was assigned under section 93 of the Coroners Act 2008 to be a coroner for the Coroners Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act.

(5) If, immediately before the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person referred to in subclause



35

(1) or (2) was assigned under section 507 of the Children, Youth and Families Act 2005 to be a magistrate for the Children's Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act.

(6) Unless inconsistent with the context or the subject matter, on and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a reference in any Act (other than this Act or the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013), subordinate instrument or any other document to an acting magistrate, being an acting magistrate appointed under section 9 as in force immediately before its repeal, is to be construed as a reference to a reserve magistrate so far as the reference relates to any period on or after that commencement.

51 Regulations dealing with transitional matters—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013


(2) Regulations made under this clause may—

(a) have a retrospective effect to a day on or from the day on which the Courts Legislation Amendment (Reserve



36

Judicial Officers) Act 2013 received the Royal Assent; and



(d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this clause.

(3) Regulations under this clause have effect despite anything to the contrary—



(4) This clause is repealed on the second anniversary of the day on which it comes into operation.".

__________________



37

PART 5—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

Division 1—Judicial Remuneration Tribunal Act 1995 and Judicial Salaries Act 2004

41 Definitions—Judicial Remuneration Tribunal Act 1995

In section 3 of the Judicial Remuneration Tribunal Act 1995—

(a) in the definition of recommendation for "acting magistrates" substitute "reserve office holders";

(b) after the definition of recommendation insert—

"reserve office holder means—

(a) in the case of the Supreme Court, 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;

(b) in the case of the County Court, 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;

(c) in the case of the Magistrates' Court, a reserve magistrate within the meaning of the Magistrates' Court Act 1989 engaged under section 9C of that Act to undertake the duties of a magistrate;".

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



38

42 Functions of the Tribunal

In section 11(1)(c) of the Judicial Remuneration Tribunal Act 1995, for "office, acting judges and acting magistrates" substitute "office or reserve office holders".

43 Advisory opinions

In section 11A of the Judicial Remuneration Tribunal Act 1995—

(a) in subsection (2) for "acting magistrates" substitute "reserve office holders";

(b) subsection (3) is repealed.

44 Attorney-General's certificate

In section 15(1) of the Judicial Remuneration Tribunal Act 1995—

(a) in paragraph (a) for "office, acting judges or acting magistrates" substitute "office or reserve office holders";

(b) in paragraph (c) for "acting judges or acting magistrates" substitute "reserve office holders".

45 Definitions—Judicial Salaries Act 2004

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

"reserve judge of the County Court means 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;

reserve Judge of the Supreme Court means a reserve Judge within the meaning of the Constitution Act 1975 engaged under

s. 42

See:Act No.38/2004.Reprint No. 1as at20 May 2010and amendingAct No.34/2010.LawToday:www.legislation.vic.gov.au



39

section 81B of that Act to undertake the duties of a Judge of the Court;

reserve magistrate means a reserve magistrate within the meaning of the Magistrates' Court Act 1989 engaged under section 9C of that Act to undertake the duties of a magistrate;".

46 Salaries of other judicial officers and remuneration of acting magistrates (2005 onwards)

(1) In the heading to section 6 of the Judicial Salaries Act 2004, for "acting magistrates" substitute "reserve magistrates".

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

"(3AA) Subsections (2A), (2B) and (3) cease to have effect on the commencement of section 3 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013.

(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 1/235th of the annual salary of a Supreme Court Judge who is not a reserve Judge.

(3AAC) A reserve judge of the County 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 1/235th of the annual salary of a judge of the County Court (other than the Chief Judge) who is not a reserve judge.

(3AAD) A reserve magistrate performing the duties of a magistrate on a sessional basis is entitled



40

to be paid from time to time remuneration at the rate per sitting day which is 1/235th of the annual salary of a magistrate (other than the Chief Magistrate and the Deputy Chief Magistrates) who is not a reserve magistrate.".

47 Allowances of judicial officers

In section 7(2) of the Judicial Salaries Act 2004 for "an acting" (wherever occurring) substitute "a reserve".

Division 2—Amendments to other Acts

48 Definitions—Children, Youth and Families Act 2005

(1) In section 3(1) of the Children, Youth and Families Act 2005, insert the following definitions—

"reserve judge has the same meaning as it has in the County Court Act 1958;

reserve magistrate has the same meaning as it has in the Magistrates' Court Act 1989;".

(2) In section 3(1) of the Children, Youth and Families Act 2005, in the definition of magistrate after "the Court" insert "and includes a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate and assigned to be a magistrate of the Court under section 507".

49 President, magistrate or acting magistrate to be in attendance

(1) In the heading to section 506 of the Children, Youth and Families Act 2005, for "acting" substitute "reserve".

(2) In section 506 of the Children, Youth and Families Act 2005, for "an acting magistrate"

s. 47

See:Act No.96/2005.Reprint No. 3as at1 January 2011and amendingAct Nos 51/2006, 53/2010, 27/2011, 29/2011, 54/2011, 80/2011, 20/2012, 23/2012, 26/2012 and 48/2012.LawToday:www.legislation.vic.gov.au



41

substitute "a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989".

50 Assignment of magistrates or acting magistrates


(2) In section 507(1) of the Children, Youth and Families Act 2005, for "as an acting magistrate under section 9 of that Act" substitute "as a reserve magistrate".

(3) In section 507(2) of the Children, Youth and Families Act 2005, for "acting magistrate" (where twice occurring) substitute "reserve magistrate".

(4) In section 507(3) of the Children, Youth and Families Act 2005, for "acting magistrate" substitute "reserve magistrate".

(5) In section 507(4) of the Children, Youth and Families Act 2005, for "acting magistrate" (wherever occurring) substitute "reserve magistrate".

(6) After section 507(4) of the Children, Youth and Families Act 2005 insert—

"(5) A reserve magistrate assigned under this section to be a magistrate for the Court may only exercise powers of a magistrate for the Court when the reserve magistrate is engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate.".

51 President

In section 508(2) of the Children, Youth and Families Act 2005, after "judge of the County Court" insert "(other than a reserve judge)".



42

52 Acting President

In section 509(1) of the Children, Youth and Families Act 2005, after "magistrate" insert "(other than a reserve magistrate)".

53 Assignment of duties

In section 510(1) of the Children, Youth and Families Act 2005, after "for the Court" insert ", including a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate and assigned to the Court".

54 Delegation by President

At the end of section 511 of the Children, Youth and Families Act 2005 insert—

'(2) In this section, "magistrate for the Court" does not include a reserve magistrate.'.

55 Protection of magistrates or acting magistrates


(2) In section 513 of the Children, Youth and Families Act 2005, for "or acting magistrate" substitute ", or a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989,".

56 Rules

After section 588(2) of the Children, Youth and Families Act 2005 insert—



43

'(3) In this section, "magistrate" or "magistrate for the Court" does not include a reserve magistrate.'.

57 Definitions—Coroners Act 2008

(1) In section 3(1) of the Coroners Act 2008, in the definition of coroner, in paragraph (c) for "acting magistrate" substitute "reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989".

(2) In section 3(1) of the Coroners Act 2008, insert the following definitions—

"reserve judge has the same meaning as it has in the County Court Act 1958;

reserve magistrate has the same meaning as it has in the Magistrates' Court Act 1989;".

58 State Coroner

In section 91(2) of the Coroners Act 2008, after "a judge of the County Court" insert "(other than a reserve judge)".

59 Deputy State Coroner

In section 92(2) of the Coroners Act 2008, after "magistrate" insert "(other than a reserve magistrate)".

60 Assignment of magistrates and acting magistrates to be coroners

(1) In the heading to section 93 of the Coroners Act 2008, for "acting" substitute "reserve".

(2) In section 93(1) of the Coroners Act 2008, for "an acting magistrate under section 9 of that Act" substitute "a reserve magistrate".

See:Act No.77/2008.Reprint No. 1as at21 July 2011 and amending Act No. 52/2012.LawToday:www.legislation.vic.gov.au



44

(3) In section 93(2) of the Coroners Act 2008, for "acting magistrate" (where twice occurring) substitute "reserve magistrate".

(4) In section 93(3) of the Coroners Act 2008, for "acting" substitute "reserve".

(5) In section 93(4) of the Coroners Act 2008, for "acting magistrate" (wherever occurring) substitute "reserve magistrate".

(6) After section 93(4) of the Coroners Act 2008 insert—

"(5) A reserve magistrate assigned under this section to be a coroner may only exercise powers of a coroner when the reserve magistrate is engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate.".

61 Rules of the Coroners Court

After section 105(3) of the Coroners Act 2008 insert—

'(4) In this section, "coroner" does not include a reserve magistrate.'.

62 Definitions—Independent Broad-based Anti-corruption Commission Act 2011

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

(a) after paragraph (a) insert—

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

(b) after paragraph (d) insert—

"(da) a reserve judge of the County Court;";

(c) after paragraph (f) insert—

"(fa) a reserve magistrate;".

s. 61

See:Act No.66/2011and amendingAct Nos 66/2011, 70/2011, 13/2012, 28/2012 and 52/2012.LawToday:www.legislation.vic.gov.au



45

63 Definitions—Ombudsman Act 1973

(1) In section 2(1) of the Ombudsman Act 1973, in the definition of acting coroner, in paragraph (a) for "an acting" substitute "a reserve".

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

(a) for paragraph (c) substitute—

"(c) a reserve Judge within the meaning of the Constitution Act 1975;";

(b) in paragraph (d) for "an acting Judge" substitute "a reserve Judge";

(c) for paragraph (g) substitute—

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

(d) in paragraph (h) for "an acting judge" substitute "a reserve judge";

(e) for paragraph (j) substitute—

"(j) a reserve magistrate within the meaning of the Magistrates' Court Act 1989;";

(f) in paragraph (k) for "an acting magistrate" substitute "a reserve magistrate".

64 Definitions—Protected Disclosure Act 2012

(1) In section 3 of the Protected Disclosure Act 2012, in the definition of acting coroner, in paragraph (a) for "an acting" substitute "a reserve".

See:Act No.8414.Reprint No. 8 as at7 March 2008and amendingAct Nos65/2007, 34/2008, 27/2009, 69/2009, 29/2011, 66/2011, 70/2011, 72/2011, 6/2012, 43/2012 and 52/2012.LawToday:www.legislation.vic.gov.au



46

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

(a) for paragraph (c) substitute—

"(c) a reserve Judge within the meaning of the Constitution Act 1975;";

(b) in paragraph (d) for "an acting Judge" substitute "a reserve Judge";

(c) for paragraph (g) substitute—

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

(d) in paragraph (h) for "an acting judge" substitute "a reserve judge";

(e) for paragraph (j) substitute—

"(j) a reserve magistrate within the meaning of the Magistrates' Court Act 1989;";

(f) in paragraph (k) for "an acting magistrate" substitute "a reserve magistrate".

65 Public Administration Act 2004—Schedule 1A

In Schedule 1A to the Public Administration Act 2004—

(a) in clause 2(a) for "acting" substitute "reserve";

(b) in clause 2(b) for "acting" substitute "reserve".

66 Definitions—Victims of Crime Assistance Act 1996

In section 3 of the Victims of Crime Assistance Act 1996 in the definition of member for "acting magistrate" substitute "reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989".

See:Act No.108/2004.Reprint No. 3as at26 July 2012and amendingAct Nos6/2012 and 20/2012.LawToday:www.legislation.vic.gov.au

s. 65

See:Act No.81/1996.Reprint No. 5as at16 June 2011.LawToday:www.legislation.vic.gov.au



47

67 Establishment

In section 19(2) of the Victims of Crime Assistance Act 1996 for "acting magistrate under section 9" substitute "reserve magistrate engaged under section 9C".

68 Validity of proceedings

In section 22 of the Victims of Crime Assistance Act 1996 for "acting magistrate" substitute "reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989".

69 Definitions—Victorian Civil and Administrative Tribunal Act 1998

In section 3 of the Victorian Civil and Administrative Tribunal Act 1998—

(a) the definition of acting judge is repealed;

(b) for the definition of reserve judge substitute—

"reserve judge means—

(a) in relation to the Supreme Court, a reserve Judge within the meaning of the Constitution Act 1975;

(b) in relation to the County Court, a reserve judge within the meaning of the County Court Act 1958;".

70 President

In section 10(1) of the Victorian Civil and Administrative Tribunal Act 1998 after

s. 67

See:Act No.53/1998.Reprint No. 7as at1 January 2011and amendingAct Nos 11/2010, 16/2010, 74/2010, 6/2012, 20/2012, 21/2012, 22/2012, 27/2012 and 63/2012.LawToday:www.legislation.vic.gov.au



48

"Supreme Court" insert "(other than a reserve Judge of the Supreme Court)".

71 Vice Presidents

In section 11(2) of the Victorian Civil and Administrative Tribunal Act 1998 after "County Court" insert "(other than a reserve judge of the County Court)".

72 Short-term Vice Presidents

(1) In section 11A of the Victorian Civil and Administrative Tribunal Act 1998—

(a) in subsection (1) omit "of the County Court or acting judges of the Supreme Court or County Court";

(b) in subsection (2) omit "or an acting judge";

(c) in subsections (2A) and (3) (wherever occurring) omit "or an acting judge";

(d) in subsection (4)—

(i) omit "or an acting judge" (wherever occurring); and

(ii) omit "salary,";

(e) in subsection (5) omit "or acting".

(2) For section 11A(6) of the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"(6) A reserve judge appointed under this section may only exercise powers of a Vice President when the reserve judge is engaged under section 81B of the Constitution Act 1975, or section 12B of the County Court



49

Act 1958, to undertake the duties of a judge of the applicable court.".

73 Vacation of office

In section 21(1) of the Victorian Civil and Administrative Tribunal Act 1998 omit "or acting judge".

74 Acting President

(1) In section 26(3) of the Victorian Civil and Administrative Tribunal Act 1998 after "Court" insert "(other than a reserve judge)".

(2) After section 26(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(3A) A Vice President appointed under section 11A must not be appointed as acting President.".

75 Acting Vice President

In section 27(3) of the Victorian Civil and Administrative Tribunal Act 1998 after "Court" insert "(other than a reserve judge)".

76 Additional acting judicial appointments

(1) In section 29(1) of the Victorian Civil and Administrative Tribunal Act 1998 after "Supreme Court" insert "(other than a reserve Judge)".

(2) In section 29(2) of the Victorian Civil and Administrative Tribunal Act 1998 after "County Court" insert "(other than a reserve judge)".

77 Membership

In section 152(1)(b) of the Victorian Civil and Administrative Tribunal Act 1998 after "Vice President" insert "(other than a reserve judge)".

__________________



50



51

PART 6—AMENDMENTS TO CHILDREN, YOUTH AND FAMILIES ACT 2005—YOUTH PAROLE BOARD AND

YOUTH RESIDENTIAL BOARD

78 Alternate members—Youth Residential Board


"(1A) For the purposes of subsection (1)(a), a reserve judge may be nominated and appointed as an alternate member for the chairperson of the Youth Residential Board.

(1B) For the purposes of section 14(3A)(a) and (b) of the County Court Act 1958, the office of alternate member under subsection (1)(a) is not to be taken to be a judicial office or an office or place of profit under the Crown.".

79 Alternate members—Youth Parole Board


"(1A) For the purposes of subsection (1)(a), a reserve judge may be nominated and appointed as an alternate member for the chairperson of the Youth Parole Board.

(1B) For the purposes of section 14(3A)(a) and (b) of the County Court Act 1958, the office of alternate member under subsection (1)(a) is not to be taken to be a judicial office or an office or place of profit under the Crown.".

__________________



52

PART 7—REPEAL OF AMENDING ACT

80 Repeal of amending Act

This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation.

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).

═══════════════



53

ENDNOTES

Endnotes


54

† Minister's second reading speech—

Legislative Assembly: 13 December 2012

Legislative Council: 7 February 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 and the County Court Act 1958 to provide for the office of reserve judge, to amend the Magistrates' Court Act 1989 to provide for the office of reserve magistrate, to repeal the offices of acting judge and acting magistrate and to consequentially amend the Judicial Salaries Act 2004 and other Acts and for other purposes."

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 7 February 2013

Legislative Council: 21 February 2013

courts legislation amendment (reserve judicial …file/13-005a.docx · web viewocpc-vic, word 2007,...

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