Courts Legislation Amendment (Judicial Officers) Act 2013

Courts Legislation Amendment (Judicial Officers) Act 2013

No. 63 of 2013

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

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

Division 1—Amendment of the Constitution Act 1975

3Definitions

4Divisions of the Court

5Seniority

6Appointment of reserve Judges

7Cessation of office

8Section 81B amended

9Engaging in legal practice or other paid employment

10Remuneration and entitlements of reserve Judge

11New section 81GA inserted

81GAPower to complete matters—Judges of the Court
and reserve Judges

12New section 81J inserted

81JTransitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013

13New sections 83B and 83C inserted

83BRemuneration and allowances of reserve Associate Judges

83CAppropriation of certain amounts in relation to
reserve Associate Judges

14Judges not to hold any other place of profit

15Section 87 amended

Division 2—Amendment of the Supreme Court Act 1986

16Definitions

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

18Manner of making Rules

19Council of Judges

20Professional development and training

21Heading to Division 1 of Part 7 amended

22Pension entitlements of Associate Judges, their partners and children

23Acting Senior Master

24New Division 1A inserted into Part 7

Division 1A—Reserve Associate Judges

105BAppointment of reserve Associate Judges

105CCessation of office

105DChief Justice may engage reserve Associate Judge
to undertake duties of Associate Judge

105EPowers, jurisdiction, immunities and protection of reserve Associate Judge

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

105GEngaging in legal practice or other paid employment

105HPower to complete matters—Associate Judges and reserve Associate Judges

105IConstitution of Court in certain circumstances

25Division 1B heading inserted in Part 7

Division 3—Amendment of the County Court Act 1958

26Definitions

27Appointment of reserve judges

28Cessation of office

29Section 12B amended

30Engaging in legal practice or other paid employment

31Remuneration and entitlements of reserve judge

32New section 12H inserted

12HPower to complete matters—judges and reserve
judges

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

34Section 15 amended

35Professional development and training

36Pension entitlements of associate judges, their partners and children

37New Division 3AB inserted into Part I

Division 3AB—Reserve associate judges

17KAAppointment of reserve associate judges

17KBCessation of office

17KCChief Judge may engage reserve associate judge to undertake duties of associate judge

17KDPowers, jurisdiction, immunities and protection of reserve associate judge

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

17KFEngaging in legal practice or other paid employment

17KGRemuneration and allowances of reserve associate judges

17KHAppropriation of certain amounts in relation to
reserve associate judges

17KIPower to complete matters—associate judges and reserve associate judges

38Power to make rules of practice

39New section 99 inserted

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

Division 4—Amendment of the Magistrates' Court Act 1989

40Definitions

41Appointment of reserve magistrates

42Cessation of office

43Section 9C amended

44New section 9EA inserted

9EAPower to complete matters—magistrates and
reserve magistrates

45Engaging in legal practice or other paid employment

46New section 16AB inserted

16ABConstitution of Court if magistrate unable to
continue and constitution of Court in certain circumstances

47Remuneration and entitlements of reserve magistrate

48New clause 51A of Schedule 8 inserted

51ATransitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013

Division 5—Amendment of the Coroners Act 2008

49Definitions

50State Coroner

51New Division 1B of Part 8 inserted

Division 1B—Reserve coroners

102LAppointment of reserve coroners

102MCessation of office

102NState Coroner may engage reserve coroner to
undertake duties of coroner

102OPowers, jurisdiction, immunities and protection of reserve coroner

102PEngaging in legal practice or other paid employment

102QRemuneration and allowances of reserve coroners

102RAppropriation of certain amounts in relation to
reserve coroners

102SPower to complete matters—coroners and reserve coroners

Division 6—Amendment of the Children, Youth and Families Act2005

52Definitions

53President

Part 3—Amendments Relating to Part-Time Judicial Service

Division 1—Amendment of the Constitution Act 1975

54Definitions

55Definitions relating to pensions

56New sections 75C to 75F inserted

75CEntry into part-time service arrangement

75DVariation of part-time service arrangement

75ESuspension of part-time service arrangement

75FTermination of part-time service arrangement

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

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

59New section 83AAA inserted

83AAAEffect of part-time service arrangement on judicial pensions

60Salaries of Associate Judges

61New section 84A inserted

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

Division 2—Amendment of the Supreme Court Act 1986

62Definitions

63New section 104AB inserted

104ABEffect of part-time service arrangement on pensions
of Associate Judges

64New sections 104JA to 104JD inserted

104JAEntry into part-time service arrangement

104JBVariation of part-time service arrangement

104JCTermination of part-time service arrangement

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

Division 3—Amendment of the County Court Act 1958

65Definitions

66Definitions relating to pensions

67New sections 8A to 8D inserted

8AEntry into part-time service arrangement

8BVariation of part-time service arrangement

8CSuspension of part-time service arrangement

8DTermination of part-time service arrangement

68Salaries and allowances of the Chief Judge and other judges

69New section 13A inserted

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

70Provision for pensions to County Court judges and their
partners

71New section 14AAA inserted

14AAAEffect of part-time service arrangement on judicial pensions

72Salaries and allowances of associate judges

73New section 17BA inserted

17BAEffect of part-time service arrangement on pensions
of associate judges

Division 4—Amendment of the Magistrates' Court Act 1989

74Definitions

75Appointment of magistrates

76New sections 7A to 7D inserted

7AEntry into part-time service arrangement

7BVariation of part-time service arrangement

7CSuspension of part-time service arrangement

7DTermination of part-time service arrangement

77Assignment of duties

78Salaries and allowances of magistrates

79New clause 51B of Schedule 8 inserted

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

Part 4—Amendment of the Victorian Civil and Administrative Tribunal Act 1998

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

17AAAppropriation of certain amounts in relation to nonjudicial members

Part 5—Consequential Amendments and Other Amendments

Division 1—Children, Youth and Families Act 2005

81New section 513A inserted

513AConstitution of Court if magistrate unable to continue

Division 2—Coroners Act 2008

82Definitions

83Section 94 amended

84Delegation from the State Coroner to a registrar

85New section 101A inserted

101AConstitution of Coroners Court if coroner unable to continue and constitution of Coroners Court in
certain circumstances

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

86Definitions

Division 4—Judicial Remuneration Tribunal Act 1995

87Definitions

Division 5—Judicial Salaries Act 2004

88Definitions

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

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

91Allowances of judicial officers

92Transitional—remuneration of acting magistrates before
1 May 2005

Division 6—Ombudsman Act 1973

93Definitions—Ombudsman Act 1973

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

Division 7—Protected Disclosure Act 2012

95Definitions

Division 8—Public Administration Act 2004

96Public Administration Act 2004—Schedule 1A

Part 6—Repeal of Amending Act

97Repeal of amending Act

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Endnotes

SectionPage

Victoria

SectionPage

Courts Legislation Amendment (Judicial Officers) Act 2013[†]

No. 63 of 2013

[Assented to 6 November 2013]

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

The Parliament of Victoriaenacts:

Part 6—Repeal of Amending Act

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

Part 1—Preliminary

1Purposes

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 1989to provide for part-time judicial service; and

(b)to provide for the office of reserve associate judgeand 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.

2Commencement

s. 2

(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.

______

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

Division 1—Amendment of the Constitution Act 1975

3Definitions

See:
Act No.
8750.
Reprint No. 20
as at
13 October 2011
and amending
Act Nos
8750, 5/2013, 28/2013 and 37/2013.
LawToday:
www.
legislation.
vic.gov.au

s. 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 PartIII includes a reserve Associate Judge engaged under section 105D of the Supreme Court Act 1986to 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 section81GA".

4Divisions of the Court

(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.'.

5Seniority

s. 5

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".

6Appointment of reserve Judges

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

7Cessation of office

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

(2)After section 81A(1) of the Constitution Act 1975insert—

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

8Section 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 1975for "Attorney-General" substitute "Chief Justice".

(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 1975insert—

"(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.".

9Engaging in legal practice or other paid employment

s. 9

(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 section81Bor acting under section 81GA.

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

10Remuneration 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 section81B 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 section77(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—

s. 10

"(3)Subject to subsection (4), each reserve Judge engaged to undertake the duties of a Judge of the Court on a sessional basis under section81B 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 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 section77(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.".

11New section 81GA inserted

s. 11

After section 81G of the Constitution Act 1975insert—

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

(1)This section applies to—

(a)a Judge of the Court whose commission under section 77 ceases under section77(4)(a), (b), (c), (d) or (e);

(b)a reserve Judge engaged under section81B whose engagement expires;

(c)a reserve Judge engaged under section81B—

(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 thecessation of his or her commission or expiry of his or her engagement.

s. 11

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

(a)a reserve Judge to whom this section applies whose engagement has expired is taken to be engaged under section81B; and

(b)a former Judge of the Court or former reserve Judgeto 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 asa reserve Judge for the purposes of subsection (2) despite having attained theage of 78 years.

(4)Subject to subsection (5), any appointment orengagement 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.

s. 11

(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 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.".

12New section 81J inserted

s. 12

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.".

13New sections 83Band 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 basis under section 105D of the Supreme Court Act 1986must 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 from the salary payable to that reserve Associate Judge under subsection (1).

s. 13

(3) Subject to subsection (4), each reserve Associate Judge engaged to undertake the duties of an Associate Judge on a sessional basis under section105D of the Supreme Court Act 1986must 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.

s. 13

(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 1986who 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—

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