County Court Act 1958 (Vic)

Version No. 184

County Court Act 1958

No. 6230 of 1958

Version incorporating amendments as at

10 February 2025

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

2Repeals

3Definitions

3AADefinitions relating to pensions

3AABMeaning of family member for purposes of Koori Court Division

3AAbolition of distinction between court and chambers

3BJudge may exercise jurisdiction of court

3BAAssociate judge may exercise jurisdiction of court

3CSaving provision

Part I—Court judges officers counsel and practitioners

Division 1—Establishment of the County Court and sittings

4Establishment of the County Court

4AAEstablishment of Drug Court Division

4AABAdjournment of proceeding to Drug Court Division

4AEstablishment of Koori Court Division

4BJurisdiction of Koori Court Division

4CDealing with proceedings for certain offences

4DHearing certain appeals

4DACircumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court

4ECircumstances in which Koori Court Division may deal with proceedings for certain offences or hear certain appeals

4EACertain matters may be dealt with by Koori Court Division only in certain venues

4FProceedings may be transferred to and from the Koori Court Division

4GSentencing procedure in Koori Court Division

5Where court to be held

5BConstruction of references

6Seal of the court

6ACourt may issue or transmit court documents electronically

Division 2—Time and place for holding court

7Where court held and days of sitting

Division 3—Judges

8Appointment and qualification of judges

8AAResignation by Chief Judge who is dual commission holder

8AABDeputy Chief Judge

8AACDeputy Chief Judge acting as Chief Judge

8AADDuties of Deputy Chief Judge

8AEntry into part-time service arrangement

8BVariation of part-time service arrangement

8CSuspension of part-time service arrangement

8DTermination of part-time service arrangement

8EAdministrative responsibility of Chief Judge

9AProtection of judges and associate judges

10Salaries, allowances and conditions of service of the Chief Judge, Deputy Chief Judge and other judges

12Appointment of reserve judges

12ACessation of office

12BChief Judge may engage reserve judge to undertake duties of judge of the court

12CPowers, jurisdiction, immunities and protection of reserve judge

12DPension rights and service not affected by being a reserve judge

12EEngaging in legal practice or other paid employment

12FSalary, allowances and other conditions of service of reserve judge

12GAppropriation of certain amounts in relation to reserve judges

12HPower to complete matters—judges and reserve judges

13Judges not to engage in legal practice or sit in Parliament

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

14Provision for pensions to County Court judges and their partners

14AAAEffect of part-time service arrangement on judicial pensions

14AAElection of County Court judges to commute future pensions for payment of superannuation contributions surcharge

14ABActuary's first calculation after election of judges to commute pensions

14ACActuary's second calculation after election of the judges to commute pensions and payment of lump sums

14ADElection of former judges to commute pensions for payment of superannuation contributions surcharge

14AEActuary's calculation after former judges' election to commute pensions

14AFPayment and commutation of pensions of former judges

14AGElection of judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge

14AHActuary's calculation of reduction of pensions of judges' partners and eligible children

14AIPayment and commutation of pensions of former judges' partners and eligible children

14AAppointment of judicial members of Liquor Control Commission as judges

15Power to exercise functions of judge or associate judge by another and constitution of court in certain circumstances

17Appointment of judges temporarily or during pleasure valid

Division 3AA—Professional development and training

17AAAProfessional development and training

Division 3A—Associate judges

17AAssociate judges

17ABAFunctions of associate judges

17AASalaries, allowances and conditions of service of associate judges

17BPension entitlements of associate judges, their partners and children

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

17CElection of associate judges to commute future pensions for payment of superannuation contributions surcharge

17DActuary's first calculation after election of associate judges to commute pensions

17EActuary's second calculation after election of associate judges to commute pensions and payment of lump sums

17FElection of former associate judges to commute pensions for payment of superannuation contributions surcharge

17GActuary's calculation after former associate judges' election to commute pensions

17HPayment and commutation of pensions of former associate judges

17IElection of associate judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge

17JActuary's calculation of reduction of pensions of associate judges' partners and eligible children

17KPayment and commutation of pensions of former associate judges' partners and eligible children

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

17KGSalary, allowances and conditions of service of reserve associate judges

17KHAppropriation of certain amounts in relation to reserve associate judges

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

Division 3B—Judicial registrars

17LAssignment of duties

17MGuidelines relating to the appointment of judicial registrars

17NRecommendation for appointment of judicial registrars

17OAppointment by Governor in Council

17PRemuneration and terms and conditions of appointment

17PAOath or affirmation of office

17QResignation from office

17UPerformance of duties by judicial registrar

17VAppeal from or review of determination of court constituted by judicial registrar

Division 4—Registrars

18Appointment of registrar and deputy registrars

19Protection of registrars

21Duties of registrar

21AMoneys held under Act may be invested

22Power to registrar to administer oaths and affirmations

Division 4A—Aboriginal elders and respected persons

22AAppointment of Aboriginal elders or respected persons

Division 5—Bailiffs

23Appointment of bailiffs and assistant bailiffs of County Court

24Bailiff's duty

Division 6—Registrars, bailiffs and other officers

25Penalty on officers for corrupt practices

26Registrar and bailiff to be distinct persons and not to act as legal practitioner

27Registrar and bailiff to give security

Division 7—Court fees

28AExemption from court fees

Division 8—Proceedings against officers

29Proceedings against registrars etc.

30Proceedings against bailiffs etc.

32Protection to bailiffs etc.

Division 9—Legal practitioners—costs

33Fees to legal practitioners to be fixed by the judges

34Power to recover excessive fees

Part II—Jurisdiction

Division 1—Sittings of the court

35Court of record

36Proceedings arising outside Victoria

36AACourt may determine matter or proceeding without oral hearing

Division 1A—Criminal jurisdiction

36ACriminal jurisdiction of County Court

Division 2—Civil jurisdiction

37Extent of jurisdiction

39Whether proceedings within jurisdictional limit

39AAgreements by next friend etc. on behalf of infants

Division 2A—Administration of children's funds

39BCourt orders relating to administration of children's funds

Division 2B—Transfer and payment of money to the Supreme Court for person under disability

39CMoney held in court for person under disability

Division 3—Officers of the court

40Officers of the court

Division 6—Arbitration, mediation, and reference for inquiry

46Arbitration by agreement

47Arbitration

47APower to refer civil proceedings to mediation or arbitration

47BMediation

48Power to refer matters for inquiry and report

48AAssessor

48BOpinion of legal practitioner

48CProtection of special referees, mediators and arbitrators

48CAProtection of assessors

48DInteraction with Civil Procedure Act 2010

Division 7—Power to grant relief

49Power of court

49AAttachment of earnings

49BExecution of instruments by order of court

50Rules of law to apply to County Court

51Counter-claims in County Court and transfers therefrom

52Facts necessary to give jurisdiction need not appear upon any civil proceeding

53Mode of enforcing orders

Division 7A—Appellate jurisdiction

53AAppellate jurisdiction of County Court

Division 8—Contempt of court

54Contempt of court

Division 9—Costs where no jurisdiction

55Court may award costs where action or matter is struck out for want of jurisdiction

Part V—Trial of civil proceedings

65Trial to be by judge

66Judge may reserve his decision

67Trial may be by judge and jurors if required

68Judge may direct trial by jurors

70Verdict of jurors

72Jury may be had on re-hearing of County Court proceeding in Supreme Court

Part VI—Judgment, new trial and appeal

73Judgments to be final

74Appeal to the Court of Appeal

75Appeal from court constituted by associate judge to Trial Division of the Supreme Court

76Court may reserve question for opinion of the Court of Appeal

77Prerogative writ

Part VII—Rules, forms, scales of costs, regulations

78Power to make rules of practice

78ACosts

79ARegulations

Part VIII—Miscellaneous

80APublishing particulars of issued summonses an offence

82No privilege to exempt persons from provisions of Act

83Certain actions in Supreme Court to be stayed

84Securities for money, marketable securities etc. seized under warrant

86Transfer of judgment to Supreme Court

87Council of Judges

88Robing of Judges

89Transitional provisions

90Transitional provision—reserve judges

91Transitional provisions—Courts Legislation (Jurisdiction) Act 2006

92Transitional provisions—Courts Legislation Amendment (Associate Judges) Act 2008

93Transitional provision—County Court Amendment (Koori Court) Act 2008

94Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009

95Transitional provision—Courts and Sentencing Legislation Amendment Act 2012

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

98Savings—Open Courts Act 2013

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

100Transitional provision—Justice Legislation Further Amendment Act 2016

101Transitional provision—Justice Legislation Further Amendment Act 2016

102Transitional provisional—Family Violence Protection Amendment Act 2017

103Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

104Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020

105Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020

Schedules

First Schedule

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 184

County Court Act 1958

No. 6230 of 1958

Version incorporating amendments as at

10 February 2025

An Act to consolidate the Law relating to the County Court.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

This Act may be cited as the County Court Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2Repeals

(1)The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2)Except as in this Act expressly or by necessary implication provided—

(a)all persons things and circumstances appointed or created by or under either of the repealed Acts or existing or continuing under either of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b)in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order validation application determination decision direction certificate appointment commission notice fee liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under either of such Acts before the commencement of this Act; nor shall such repeal prejudice or affect the operation or effect of subsection (3) to (6) of section two of the County Court (Amendment) Act 1952, or of subsections (2) and (4) of section four or subsection (4) of section eight of the County Court Act 1957.

3Definitions

(1)In this Act, unless the context or subject-matter otherwise requires—

Aboriginal elder or respected person means a person who holds office as an Aboriginal elder or respected person under section 22A;

Aborigine means a person who—

(a)is descended from an Aborigine or Torres Strait Islander; and

(b)identifies as an Aborigine or Torres Strait Islander; and

(c)is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

*                *                *                *                *

actuary means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;

appropriate dispute resolution has the same meaning as it has in the Civil Procedure Act 2010;

associate judge means a person appointed under section 17A and, subject to this Act, and unless the context otherwise requires, includes a reserve associate judge engaged under section 17KC to perform the duties of an associate judge during any period of engagement or acting under section 17KI;

*                *                *                *                *

Chief Judge means Chief Judge of the County Court and includes an Acting Chief Judge or the Deputy Chief Judge acting as Chief Judge;

*                *                *                *                *

*                *                *                *                *

court means the County Court;

Deputy Chief Judge means a person appointed as Deputy Chief Judge under section 8AAB;

excluded judicial officer means—

(a)the Chief Judge;

(ab)the Deputy Chief Judge;

(b)the State Coroner;

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

family member has the meaning given by section 3AAB;

judge means a judge of the court, and includes the Chief Judge 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 or acting under section 12H but does not include an associate judge or a reserve associate judge;

Judgeof the Supreme Court means a person referred to in section 75(3)(d) of the Constitution Act 1975;

*                *                *                *                *

judicial registrar means a judicial registrar of the County Court appointed under Division 3B of Part I;

judicial resolution conference has the same meaning as it has in the Civil Procedure Act 2010;

*                *                *                *                *

Koori Court Division means the division of the court established under section 4A;

Koori Court officer means a person who—

(a)is employed under Part 3 of the Public Administration Act 2004; and

(b)exercises powers, or performs functions, in relation to the Koori Court Division of the court;

legal practitioner means an Australian legal practitioner;

*                *                *                *                *

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

party includes a party to a civil proceeding and every person served with notice thereof or attending on the hearing of the same although not named as a party thereto and includes a body politic or corporate;

*                *                *                *                *

police officer has the same meaning as in the Victoria Police Act 2013;

*                *                *                *                *

proceeding means any matter in the court;

registrar means the registrar or a deputy registrar of the County Court;

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

reserve judge means a person appointed under section 12;

Rules means the Rules of Court made by the judges of the court whether under the powers conferred by this Act or otherwise;

Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

subordinate instrument has the same meaning as in section 3 of the Interpretation of Legislation Act 1984.

superannuation contributions surcharge means the superannuation contributions surcharge imposed by the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997 of the Commonwealth;

superannuation contributions surcharge notice means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth;

total pension entitlement means, on a particular day, the current value of all future pension payments on that day.

(2)In this or any other Act or enactment or in any subordinate instrument or other instrument a reference to a rule or decree of the Court is to be taken as a reference to an order of the court.

(3)If by this or any other Act or enactment or by any subordinate instrument or other instrument a procedure is prescribed for or in relation to any proceeding in the court or for or in relation to any step or process in such a proceeding and the County Court Rules of Procedure in Civil Proceedings 1989 prescribe a procedure that is applicable to such a proceeding or step or process, the procedure prescribed by those Rules applies despite the provisions of that Act, enactment, subordinate instrument or other instrument.

(4)A proceeding to which the County Court Rules of Procedure in Civil Proceedings 1989 apply must, despite anything in any Act or enactment, be commenced and conducted in accordance with those Rules and not otherwise.

(5)A judgment in any civil proceeding must be enforced in accordance with the County Court Rules of Procedure in Civil Proceedings 1989 and not otherwise.

3AADefinitions relating to pensions

(1)For the purposes of section 14 and section 14AAA—

approved deposit fund has the meaning given by section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

domestic partner of a person means—

(a)a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or

(b)a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);

eligible rollover fund means a fund within the meaning of section 242 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

eligible superannuation plan means—

(a)a regulated superannuation fund; or

(b)an approved deposit fund; or

(c)an exempt public sector superannuation scheme; or

(d)an RSA;

exempt public sector superannuation scheme means a public sector superannuation scheme within the meaning of section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

flag lifting agreement has the meaning given by section 90MN of the Family Law Act 1975 of the Commonwealth;

flagging order means an order mentioned in section 90MU(1) of the Family Law Act 1975 of the Commonwealth;

interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

member means a judge;

member spouse, in relation to a superannuation interest, means the spouse who has the superannuation interest;

non-member spouse, in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest;

partner of a person means the person's spouse or domestic partner;

payment flag has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

regulated superannuation fund means a superannuation fund which complies with section 19 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

relevant condition of release means a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;

reversionary interest has the meaning given by section 90MF of the Family Law Act 1975 of the Commonwealth;

RSA means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;

specified period means the period which is specified to be the specified period in the specified standards;

splitting order means an order mentioned in section 90MT of the Family Law Act 1975 of the Commonwealth;

spouseof a person (except in sections 14(7) to 14(21)) means a person to whom the person is, or was at the time of the person's death, married;

superannuation agreement has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

superannuation interest means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest;

unsplittable interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest means the value as determined in accordance with regulation 14G(8) of the Family Law (Superannuation) Regulations 2001 of the Commonwealth;

value of the member spouse's interest in the Fund means the value as determined in accordance with Part 5 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth.

(1A)For the purposes of sections 14(7) to 14(21), spouse has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(3)For the purposes of section 14, a reference to the transfer of an amount is to be construed as including a reference to the rollover of an amount.

3AAB Meaning of family member for purposes of Koori Court Division

(1)In sections 4A and 4G, family member of a person means—

(a)the spouse or domestic partner of the person; or

(b)a person who has, or has had, an intimate personal relationship with the person; or

(c)a person who is, or has been, a relative of the person; or

(d)a child who normally or regularly resides with the person; or

(e)a child of whom the person is a guardian; or

(f)another person who is, or has been, ordinarily a member of the household of the person.

(2)For the purposes of the definition of family member in subsection (1)—

(a)domestic partner of a person means—

(i)a person who is in a registered relationship with the person; or

(ii)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(A)for fee or reward; or

(B)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

(b)parent of a child includes a guardian of the child or a person with whom the child normally or regularly resides;

(c)relative of a person means—

(i)a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law of the person; or

(ii)a son, daughter, grandson, granddaughter, step-son, step-daughter, son-in-law or daughter-in-law of the person; or

(iii)a brother, sister, half-brother, half-sister, brother-in-law or sister-in-law of the person; or

(iv)an uncle, aunt, uncle-in-law or aunt-in-law of the person; or

(v)a nephew or niece of the person; or

(vi)a cousin of the person—

and includes, in the case of domestic partners, a person who would be such a relative if the domestic partners were married to each other;

(d)spouse of a person means a person to whom the person is, or was, married.

(3)For the purposes of the definition of domestic partner in subsection (2)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

3AAbolition of distinction between court and chambers

The distinction between court and chambers is abolished.

3BJudge may exercise jurisdiction of court

Any judge of the court may exercise at any time and place all the jurisdiction vested in the court.

3BAAssociate judge may exercise jurisdiction of court

Subject to this Act, any other Act and the Rules an associate judge may exercise at any time and place all the jurisdiction vested in the court.

3CSaving provision

The amendments made to this or any other Act by the County Court (Amendment) Act 1989 do not affect any ministerial power exercisable by a judge of the court under this or that other Act.

PART I—COURT JUDGES OFFICERS COUNSEL AND PRACTITIONERS

Division 1—Establishment of the County Court and sittings

4Establishment of the County Court

(1)A court shall be held in and for the State of Victoria styled "The County Court" for the trial of offences and the trial and determination of all appeals, applications, claims, disputes and other proceedings both criminal and civil both at law and in equity as are by this or any other Act enacted to fall into and be within the jurisdiction of the court.

(1A)The court consists of such number of judges as are from time to time appointed as provided by this Act, the associate judges of the court, the judicial registrars of the court and the registrar of the court.

(1B)The court shall be held by and before a judge or, in the case of any matter with respect to which the jurisdiction of the court has been conferred upon an associate judge or a registrar by any Act or by the Rules of Court, by and before a judge, an associate judge or a registrar.

(1C)Without limiting subsection (1B), the court may be constituted by a judicial registrar in the case of a proceeding for which provision is made by Rules for—

(a)the court to be so constituted; and

(b)the delegation to judicial registrars of powers of the court to hear and determine such a matter or proceeding.

(2)Subject to the Rules, the court may sit and act at any time and place.

*                *                *                *                *

4AAEstablishment of Drug Court Division

(1)The court has a Drug Court Division.

(2)The Drug Court Division has such of the powers of the court as are necessary to enable it to exercise its jurisdiction.

(3)Despite section 4(1B), the Drug Court Division shall only be constituted by a judge who has been assigned to that Division by the Chief Judge by notice published in the Government Gazette.

(4)Nothing in subsection (3) prevents the Drug Court Division being held by and before an associate judge in accordance with section 4(1B).

(5)Nothing in subsection (3) prevents the Drug Court Division being constituted by a judicial registrar in accordance with section 4(1C).

(6)The operation of sections 3B and 3BA is subject to this section.

(7)Despite anything to the contrary in this Act, the Drug Court Division may only sit and act at a venue of the court specified by the Chief Judge by notice published in the Government Gazette.

(8)The Drug Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the court permit.

4AAB Adjournment of proceeding to Drug Court Division

(1)The court, at any time before taking a formal plea from the accused in a criminal proceeding that is not in the Drug Court Division, may adjourn the proceeding to the Drug Court Division at that or another venue if—

(a)it appears to the court that the accused might be eligible for a drug and alcohol treatment order if convicted of the offence by the Drug Court Division; and

(b)the usual place of residence of the accused (if the accused has one) is within a postcode area specified, in relation to the venue at which the Drug Court Division sits and acts, by the Minister by notice published in the Government Gazette; and

(c)the accused consents to the court doing so.

(2)Despite subsection (1), the court must not adjourn to the Drug Court Division an appeal under Part 6.1 of the Criminal Procedure Act 2009.

(3)Despite subsection (1), the court must not adjourn a proceeding to the Drug Court Division after the fifth anniversary of the commencement of section 3 of the Justice Legislation Amendment (Drug Court and Other Matters) Act 2020.

4AEstablishment of Koori Court Division

(1)The court has a Koori Court Division.

(2)The Koori Court Division has such of the powers of the court as are necessary to enable it to exercise its jurisdiction.

(3)Despite anything to the contrary in this Act, the Koori Court Division may only sit and act at a place of the court specified by the Chief Judge by notice published in the Government Gazette.

(4)The operation of sections 3B and 3BA is subject to this section.

(5)The Koori Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the court permit.

(6)The Koori Court Division must take steps to ensure that, so far as practicable, any proceeding before it is conducted in a way which it considers will make it comprehensible to—

(a)the accused; and

(b)a family member of the accused; and

(c)any member of the Aboriginal community who is present in court.

(7)Subject to this Act, the regulations and the rules, the Koori Court Division may regulate its own procedure.

4BJurisdiction of Koori Court Division

The Koori Court Division has—

(a)jurisdiction to deal with a proceeding for an offence given to it by section 4C; and

(b)jurisdiction to deal with a contravention of a sentence imposed by it (including any offence constituted by such a contravention) or variation of such a sentence, in the circumstances set out in section 4DA; and

(ba)jurisdiction to deal with a contravention of a sentence imposed by the County Court (including any offence constituted by such a contravention), or a variation of such a sentence, in the circumstances set out in section 4DA; and

(c)jurisdiction to hear (in accordance with the rules) an appeal given to it by section 4D; and

(d)any other jurisdiction given to it by or under this or any other Act or the rules.

4CDealing with proceedings for certain offences

The Koori Court Division has jurisdiction to deal with a proceeding for an offence (other than an offence constituted by a contravention of a sentence imposed by it) in the circumstances set out in section 4E.

4DHearing certain appeals

(1)The Koori Court Division has jurisdiction to hear an appeal under section 254 or 257 of the Criminal Procedure Act 2009 in the circumstances set out in section 4E if the appeal is against the sentence imposed by—

(a)the Koori Court Division of the Magistrates' Court; or

(b)the Magistrates' Court other than the Koori Court Division of that court.

(2)An appeal to the Koori Court Division under section 254 or 257 of the Criminal Procedure Act 2009 must be conducted as a re-hearing and is limited to an appeal against the sentence imposed.

(3)Sections 256(1) and 259(1) of the Criminal Procedure Act 2009 do not apply to an appeal to the Koori Court Division.

4DACircumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court

For the purposes of sections 4B(b) and (ba), the circumstances are—

(a)the accused is Aboriginal; and

(b)the offence to which the sentence relates is within the jurisdiction of the County Court, other than—

(i)a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; and

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(c)in the case of an offence constituted by a contravention of a sentence referred to in section 4B(b) or (ba), the accused pleads guilty to the offence; and

(d)the accused consents to the proceeding being dealt with by the Koori Court Division; and

(e)the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it.

4ECircumstances in which Koori Court Division may deal with proceedings for certain offences or hear certain appeals

For the purposes of sections 4C and 4D, the circumstances are—

(a)the accused is Aboriginal; and

(b)the offence is within the jurisdiction of the County Court, other than—

(i)a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; and

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(c)the accused pleads guilty to the offence; and

(d)the accused consents to the proceeding being dealt with by the Koori Court Division; and

(e)the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it.

4EACertain matters may be dealt with by Koori Court Division only in certain venues

(1)The Chief Judge may, by notice in the Government Gazette, specify a venue of the court as a venue at which the Koori Court Division may exercise—

(a)the jurisdiction conferred on the Koori Court Division by section 4B(b) and (ba) in relation to the contravention or variation of a sentence imposed in relation to—

(i)a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008; or

(ii)an offence arising out of the same conduct as that from which the contravention arose; and

(b)the jurisdiction conferred on the Koori Court Division by section 4B(b) and (ba) in relation to an offence constituted by a contravention of a sentence referred to in paragraph (a); and

(c)the jurisdiction conferred on the Koori Court Division by section 4C or 4D in relation to a matter referred to in paragraph (a)(i) or (ii).

(2)The Koori Court Division must not exercise the jurisdiction referred to in subsection (1) except when sitting at a venue specified under that subsection.

4FProceedings may be transferred to and from the Koori Court Division

Subject to, and in accordance with the rules—

(a)a proceeding may be transferred to the Koori Court Division, whether sitting at the same or a different venue; and

(b)the Koori Court Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the court, sitting other than as the Koori Court Division, at the same or a different venue.

4GSentencing procedure in Koori Court Division

(1)This section applies to the Koori Court Division when it is considering the sentence to impose on an offender.

(2)The Koori Court Division may consider any oral statement made to it by an Aboriginal elder or respected person.

(3)The Koori Court Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by—

(a)a Koori Court officer; or

(b)a community corrections officer appointed under Part 4 of the Corrections Act 1986; or

(c)a health service provider; or

(d)a victim of the offence; or

(e)a family member of the offender; or

(f)anyone else whom the Koori Court Division considers appropriate.

(4)Nothing in this section affects the requirement to observe the rules of natural justice.

(5)This section does not limit—

(a)any other power conferred on the court by or under this or any other Act or the rules; or

(b)any other specific provision made by or under this or any other Act or the rules for the making of any report, statement or submission, or the giving of any evidence, to the court for the purpose of assisting it in determining sentence.

(6)To avoid doubt, Part 3.10 of the Evidence Act 2008 does not apply to the Koori Court Division in considering the sentence to impose on an offender under this section, unless the Koori Court Division directs, in accordance with section 4(2) of the Evidence Act 2008, that that Act applies.

5Where court to be held

(1)The court is to be held at such places as the Governor in Council by Order published in the Government Gazette directs.

(2)The Governor in Council may by Order published in the Government Gazette direct that the court shall cease to be held at any place and may subsequently direct that it shall be again held at that place.

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5BConstruction of references

(1)Any reference in any Act or in any proclamation regulation rule or by-law to a "court of general sessions" or to a "court of general sessions of the peace" shall after the commencement of the County Court (Jurisdiction) Act 1968 be read and construed as a reference to the County Court and any reference to a "chairman of general sessions" shall be read and construed as a reference to a judge of the County Court.

(2)Any reference in any summons, application, notice, recognizance, judgment, order, determination, decision, direction, or other instrument to a "court of general sessions" or "court of general sessions of the peace" shall after the commencement of the County Court (Jurisdiction) Act 1968 be read and construed as a reference to the County Court and any reference to a "chairman of general sessions" shall be read and construed as a reference to a judge of the County Court.

6Seal of the court

At every place at which the court is held under this Act there shall be a seal of the court, and all summonses and other process issuing out of the court shall be sealed or stamped with the seal of the court. The seal of any county court in use at any place before the commencement of the County Court Act 1957 may be continued in use as the seal of the court at that place under this Act.

6ACourt may issue or transmit court documents electronically

(1)Any order, judgment or other document that the court, a judge, an associate judge, a judicial registrar or a registrar may issue or transmit under this Act or any other Act, statutory rule or other enactment or law may be issued or transmitted by electronic communication.

(2)If any provision of an Act, a statutory rule or other enactment or law in Victoria permits or requires any order, determination or other document to be issued or transmitted by manual means, that requirement is taken to be met if the issuing or transmission occurs by electronic communication.

Example

If an Act or other law requires or permits the court to sign or seal a document, the court could use an electronic signature or electronic seal and the requirement is met in the same way as if the document had been signed or sealed by hand.

(3)Nothing in this section—

(a)limits the court, a judge, an associate judge, a judicial registrar or a registrar from issuing or providing any order, judgment or other document in paper form; or

(b)affects or limits any practice, procedure or Rules that provide for electronic processes in the court; or

(c)affects or limits the power to make Rules; or

(d)limits any other power of the court, a judge, an associate judge, a judicial registrar or a registrar.

Division 2—Time and place for holding court

7Where court held and days of sitting

(1)At each place at which the Governor in Council directs that the court be held a judge or, subject to the Rules, an associate judge shall attend and hold the court on such days and at such time as the Chief Judge from time to time appoints.

(2)Notice of the days on which the court will commence sitting at each such place shall be published in the Government Gazette.

(3)The Chief Judge may from time to time alter the days and times for the holding of the court at any place, and when any day so appointed is altered, notice of the intended alteration and of the time when it will take effect shall be published in the Government Gazette.

(4)If a judge or an associate judge, as the case requires does not arrive at the court house before one o'clock in the afternoon of any day upon which the holding of the court has been fixed the registrar may open the court and adjourn the same to the following day or to such other day as he is directed by a judge or an associate judge, as the case requires either by signed order or by other electronic communication and extend the bail of a person attending on that day in relation to a criminal proceeding in respect of which the person has been granted bail to the day to which the court is adjourned.

Division 3—Judges

8Appointment and qualification of judges

(1)Subject to subsection (1B), the Governor in Council shall appoint a person as Chief Judge and as many other persons as are needed to be judges of the county court under this Act, and when the Chief Judge or any other judge under this Act dies resigns retires or is removed another Chief Judge or judge (whichever case applies) may be appointed in his stead[1].

(1A)A person is not eligible for appointment as Chief Judge or a judge unless the person—

(a)is or has been a judge or magistrate of—

(i)the High Court of Australia or of a court created by the Parliament of the Commonwealth; or

(ii)a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or

(b)is an Australian lawyer of at least 5 years' standing.

(1B)Without limiting subsection (1) or (1A), the Chief Judge, when appointed under subsection (1) must—

(a)already be a Judge of the Supreme Court; or

(b)be simultaneously appointed as Chief Judge under subsection (1) and appointed under section 75B of the Constitution Act 1975 as a Judge of the Supreme Court.

(2)When the Chief Judge is absent on leave or for any reason is temporarily unable to perform the duties of the office—

(a)the Governor in Council may appoint a judge of the court to be the Acting Chief Judge for such period or periods as the Governor in Council may determine; and

Note

Section 8AAC(1) also provides for the Deputy Chief Judge to act as the Chief Judge if the Governor in Council has not appointed an Acting Chief Judge and the Chief Judge has nominated or authorised the Deputy Chief Judge to act as Chief Judge.

(b)a judge of the court appointed as the Acting Chief Judge under this subsection or acting as Chief Judge under subsection (2A) has, during the period of appointment as Acting Chief Judge or the period of acting as Chief Judge, the same powers and jurisdiction as the Chief Judge has.

(2A)If there is a vacancy in the office of the Chief Judge—

(a)the Deputy Chief Judge is to act as Chief Judge; or

(b)if the Deputy Chief Judge is unable to act as Chief Judge, the senior of the judges willing to act as Chief Judge is to act as Chief Judge.

(2B)If the commissions of 2 or more judges bear the same date, the judges have seniority according to the seniority assigned by the commissions, or if there is no such assignment, according to the order of their being sworn.

(2C)A reserve judge must not—

(a)be appointed as Chief Judge;

(b)be appointed as Acting Chief Judge;

(c)act as Chief Judge;

(d)be appointed as Deputy Chief Judge.

(3)No person who has attained the age of 70 years shall be appointed to be a judge under this Act.

(4)Any reference to a judge of county courts in any other Act or in any proclamation, order, rule, regulation, by-law or other instrument or document shall, where the context allows, be read and construed as a reference to a judge of the County Court.

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(6)Any reference to the senior judge of county courts or of any county court or the chairman of judges of the County Court or any reference of like import to those references (however expressed) in any other Act or in any proclamation, order, rule, regulation, by-law or other instrument or document shall, where the context allows, be read and construed as a reference to the Chief Judge of the court.

8AAResignation by Chief Judge who is dual commission holder

The Chief Judge who is a dual commission holder may—

(a)resign simultaneously from both the office of Chief Judge under this Act and the office of Judge of the Supreme Court under section 77(4)(e) of the Constitution Act 1975; or

(b)resign from the office of Chief Judge under this Act and continue in office as a Judge of the Supreme Court; or

(c)resign from the office of Judge of the Supreme Court under section 77(4)(e) of the Constitution Act 1975 and continue in office as Chief Judge without being a dual commission holder.

8AAB Deputy Chief Judge

(1)The Governor in Council, on the recommendation of the Attorney-General made after consultation with the Chief Judge, may appoint a person to the office of Deputy Chief Judge.

(2)Without limiting subsection (1), the Deputy Chief Judge, when appointed under subsection (1), must already be a judge.

(3)Subject to this Act, the Deputy Chief Judge holds office—

(a)for the term (not exceeding 5 years) that is specified in the Deputy Chief Judge's instrument of appointment and is eligible for re-appointment; and

(b)on any other terms and conditions that are specified in the instrument of appointment.

8AAC Deputy Chief Judge acting as Chief Judge

(1)The Deputy Chief Judge is to act as Chief Judge during any period that the Chief Judge is absent on leave or for any reason temporarily unable to perform the duties of Chief Judge if—

(a)the Deputy Chief Judge is nominated or authorised to do so by the Chief Judge; and

(b)the Governor in Council has not appointed an Acting Chief Judge under section 8(2)(a).

(2)The Deputy Chief Judge, during the period of acting as Chief Judge—

(a)has the same powers and jurisdiction as the Chief Judge; and

(b)if the period of acting extends for a continuous period of more than 1 week, is entitled to be paid for the entire period at the rate for the time being applicable for the Chief Judge under the Judicial Entitlements Act 2015.

(3)The Deputy Chief Judge may not act under subsection (1) as Chief Judge for a term exceeding 3 months, unless the Governor in Council authorises a longer term on the recommendation of the Attorney-General, made after consultation with the Chief Judge.

8AAD Duties of Deputy Chief Judge

(1)The Deputy Chief Judge continues to perform the duties of a judge.

(2)The Chief Judge may assign duties to the Deputy Chief Judge relating to the Chief Judge's responsibilities under section 8E.

(3)The Deputy Chief Judge must carry out the duties from time to time assigned by the Chief Judge under subsection (2).

8AEntry 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.

(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 or associate judge 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 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;

(d)any other relevant consideration.

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

8BVariation 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.

(2)A variation of 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 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.

(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.

8CSuspension 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;

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

(d)Acting President of VCAT.

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

8DTermination 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;

(ab)Deputy 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.

8EAdministrative responsibility of Chief Judge

(1)The Chief Judge is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.

(2)The Chief Judge has the power to do all things necessary or convenient to be done to perform the Chief Judge's responsibilities under subsection (1).

(3)Nothing in this section limits the responsibilities, functions or powers of the Chief Judge under this Act or any other Act.

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9AProtection of judges and associate judges

(1)A judge has in the performance of his or her duties as a judge the same protection and immunity as a judge of the Supreme Court has in the performance of his or her duties as a judge.

(2)An associate judge has in the performance of his or her duties as an associate judge the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.

10Salaries, allowances and conditions of service of the Chief Judge, Deputy Chief Judge and other judges

(1)The Chief Judge shall be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015.

(1A)The Chief Judge who is a dual commission holder—

(a)is entitled to the salary referred to in subsection (1) and the allowances and other conditions of service referred to in subsection (3); and

(b)is not entitled to receive any salary, allowances or other conditions of service as a Judge of the Supreme Court during the period of being a dual commission holder.

(1B)Subject to section 8AAC(2), the Deputy Chief Judge is entitled to be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015.

(2)Each judge other than the Chief Judge or the Deputy Chief Judge shall be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015.

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(3)Each judge is entitled to the allowances and the other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.

(3A)Without limiting subsection (3), the Chief Judge who is a dual commission holder is taken to be entitled, in accordance with Schedule 1 to the certificate dated 19 July 2007 issued under section 15 of the Judicial Remuneration Tribunal Act 1995 (as continued in operation under section 43 of the Judicial Entitlements Act 2015), to a library allowance at the same level as that of a Supreme Court Judge specified in that Schedule whilst a dual commission holder, rather than the library allowance for other judges of the County Court.

(3B)Despite sections (2) and (3), the Chief Magistrate who has been a dual commission holder as a judge of the County Court—

(a)is entitled to the salary and the allowances and other conditions of service of the Chief Magistrate who has been a dual commission holder as a judge of the County Court under section 10 of, and Schedule 1 to, the Magistrates' Court Act 1989; and

(b)is not entitled to receive any salary, allowances or other conditions of service as a judge under this Act during the period of being a dual commission holder.

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(6B)Nothing in this section authorises the salaries or the aggregate value of the allowances payable to the Chief Judge, the Deputy Chief Judge and the other judges to be reduced.

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

(6E)The appointment of a judge as a dual commission holder as Chief Magistrate does not constitute a reduction in the salary or allowances of the judge who takes the appointment.

(7)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 a judge; and

(b)premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of the judges; and

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

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

(e)superannuation contributions and payments, if applicable, that are payable.

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

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12Appointment 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 78 years; and

(b)is, or has been—

(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.

12ACessation of office

(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 78 years.

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

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12BChief Judge may engage reserve judge to undertake duties of judge of the court

(1)The Chief Judge 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 must specify the period of the engagement.

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

12CPowers, 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.

12DPension 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 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.

12EEngaging in legal practice or other paid employment

(1)Except with the approval of the Chief Judge, 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 or acting under section 12H.

(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.

12FSalary, allowances and other conditions of service of reserve judge

(1)Each reserve judge engaged to undertake the duties of a judge of the court under section 12B is entitled to be paid a salary in accordance with the rate for the time being applicable for that office under the Judicial Entitlements Act 2015.

(2)Each reserve judge engaged to undertake the duties of a judge of the court under section 12B is entitled to the allowances and other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.

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(9A)Despite subsection (1), 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.

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12GAppropriation of certain amounts in relation to reserve judges

(1)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 Workplace Injury Rehabilitation and Compensation Act 2013 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.

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

12HPower to complete matters—judges and reserve judges

(1)This section applies to—

(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—

(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 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, 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.

(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 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 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 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.

13Judges not to engage in legal practice or sit in Parliament

(1)No judge under this Act shall during his continuance in such office engage in legal practice or be capable of being elected or of sitting as a member of the Legislative Council or Legislative Assembly or of the Commonwealth Parliament.

(2)This section does not apply in relation to engaging in legal practice by a reserve judge who has been given approval by the Chief Judge to engage in legal practice under section 12E.

13AJudges 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.

14Provision for pensions to County Court judges and their partners

(1)The commission of a judge ceases to be in force and the office becomes vacant—

(aaa)on the judge being removed from office by the Governor in Council in accordance with Part IIIAA of the Constitution Act 1975; or

(aa)on the abolition of the office of the judge by or under an Act; or

(a)in the case of a judge appointed before the commencement of section 8 of the Courts Amendment Act 1986 who did not make an election under section 13A before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005—upon the judge attaining the age of 72 years; or

(b)in the case of a judge appointed before the commencement of section 8 of the Courts Amendment Act 1986 who made an election under section 13A before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005—upon the judge attaining the age of 70 years; or

(c)in the case of a judge appointed on or after the commencement of section 8 of the Courts Amendment Act 1986—upon the judge attaining the age of 70 years.

(2)Every judge who—

(a)has attained—

(i)the age of 65 years; or

(ii)in the case of a judge appointed before the commencement of section 23 of the Judicial Remuneration Tribunal Act 1995, the age of 60 years; or

(iii)in the case of a judge to whom subsection (5)(ac) or subsection (5)(ad) applies who was appointed as a judge after the commencement of section 23 of the Judicial Remuneration Tribunal Act 1995 but who before that commencement had service that, by force of that subsection, counts as service in the office of judge under this Act, the age of 60 years—

and has served for not less than 10 years in the office of judge; or

(b)has served for not less than 20 years in the office of judge; or

(c)having been appointed before attaining the age of 60 years, has become afflicted with some permanent incapacity disabling him or her from the due execution of the office; or

(d)in the case of a judge appointed after attaining the age of 60 years but before the commencement of section 23 of the Judicial Remuneration Tribunal Act 1995, has become afflicted with some permanent incapacity disabling him or her from the due execution of the office—

shall upon resignation or upon retirement as aforesaid from his office be entitled to a pension payable fortnightly at the rate per annum of sixty per centum of the annual salary—

(i)in the case of a chief judge—of the Chief Judge; and

(ia)in the case of a deputy chief judge—of the Deputy Chief Judge; and

(ii)in the case of any other judge—of a judge other than the Chief Judge or the Deputy Chief Judge—

for the time being applicable pursuant to section 10.

Note

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

(2A)A judge who—

(a)had attained the age of 60 years when appointed as a judge; and

(b)has attained the age of 70 years—

is entitled, upon resignation or retirement from office to a pension payable fortnightly at the proportion of the rate of the pension that would have been payable if he or she had served 10 years that is equal to the proportion of 10 years served as a judge.

(2B)A judge who—

(a)had attained the age of 60 years when appointed as a judge; and

(b)has become afflicted with some permanent incapacity disabling him or her from the due execution of his or her office—

is entitled, upon resignation or retirement from office, to a pension payable fortnightly at the rate of the pension that would have been payable under subsection (2A) if he or she had served until attaining the age of 70 years.

(3)Upon the death—

(a)of any judge under this Act or the County Court Act 1957; or

(b)of any person who was formerly a judge under this Act or a judge of county courts under the County Court Act 1928—

the partner of the judge shall until death or marriage or until the partner becomes the domestic partner of another person be entitled to a pension payable fortnightly at the rate of three-eighths of the annual salary for the time being payable—

(i)in the case of a chief judge or a former chief judge—of the Chief Judge; and

(ia)in the case of a deputy chief judge or a former deputy chief judge—of the Deputy Chief Judge; and

(ii)in the case of any other judge or former judge—of a judge other than the Chief Judge or the Deputy Chief Judge.

Provided that no pension is payable to the partner of any former judge in any case where that partner married or became the domestic partner of the former judge after that judge's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the judge immediately prior to that judge's resignation or retirement.

(3AA)Where there are eligible children of a deceased judge and no pension is otherwise payable under subsection (2) or (3) to or in respect of that judge there shall be paid to such person or persons as the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (3AB).

(3AB)The pension applicable to each eligible child shall be the amount of the pension that would be payable to the partner of the judge if the partner was entitled to a pension under this Part divided by four or the number of eligible children (whichever is the greater).

(3AC)Eligible child in relation to a judge means a child adopted child or stepchild of the judge or his or her partner—

(a)who is under the age of 16 years; or

(b)who—

(i)has attained the age of 16 years but is under the age of 25 years; and

(ii)is receiving full-time education at a school college or university.

(3AD)If a dual commission holder resigns the office of Chief Judge but continues in the office of Judge of the Supreme Court, that person is taken not to have resigned or retired from the office of Chief Judge for thepurposes of subsections (2), (2A) and(2B).

(3AE)In the case of the death of a Chief Judge who is a dual commission holder, subsection (3) applies and section 83 of the Constitution Act 1975 does not apply.

(3AF)If a dual commission holder as a judge of the County Court resigns the office of judge under this Act but continues in the office of Chief Magistrate, that person is taken not to have resigned or retired from the office of judge for the purposes of subsections (2), (2A) and (2B).

(3AG)If a dual commission holder as a judge of the County Court simultaneously resigns the office of judge under this Act and the office of Chief Magistrate, that person is taken not to have resigned or retired from the office of judge for the purposes of subsections (2), (2A), and (2B), but section 10A of the Magistrates' Court Act 1989 may apply if the person would otherwise be entitled to a pension under that section.

(3AH)In the case of the death of a Chief Magistrate who has been a dual commission holder as a judge of the County Court, subsection (3) does not apply and section 10A of the Magistrates' Court Act1989 applies.

(3A)Unless the Governor in Council by Order published in the Government Gazette otherwise determines in any particular case the right of a judge to a pension under this section—

(a)shall cease upon his accepting appointment to any judicial office in or outside Victoria; and

(ab)shall be diminished by the amount of any pension to which he or she is entitled under the law of the Commonwealth or of another State or of the Northern Territory or the Australian Capital Territory, being a pension for which he or she qualified because of service that, by force of subsection (5)(ac) or (5)(ad), was or could have been counted as service in the office of judge under this Act; and

(b)shall be suspended while—

(i)he holds any office or place of profit under the Crown in right of the Commonwealth or of a State; or

(ii)he is engaged in legal practice in any State or Territory of the Commonwealth or is employed by any legal practitioner in connexion with his practice in any such State or Territory:

Provided that this subsection does not apply to or in relation to a judge who resigned or retired before the 15th day of February, 1970.

(4)All pensions under this section and any payments of lump sums provided by the commutation of those pensions shall be payable out of the Consolidated Fund which is hereby appropriated accordingly.

(5)For the purposes of this section and section 14AAA—

(aa)if, before the repeal of section 11 by the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, any judge or associate judge under this Act was immediately prior to his or her appointment—

(i)an acting judge of the court; or

(ii)an acting Judge of the Supreme Court—

his or her service as acting judge shall count as service in the office of judge or associate judge of the court (as the case may be);

(a)if any judge under this Act is or has been at any time after his appointment appointed to be an acting judge of the Supreme Court his service as an acting judge of the Supreme Court shall count as service in the office of judge under this Act but in the computation of pensions under this section the salary he was receiving immediately before his resignation retirement or death (as the case may be) shall in every case be deemed to be the salary then applicable to the office of judge under this Act;

Constitution (Court of Appeal) Act 1994, No. 109/1994

Assent Date:	20.12.94
Commencement Date:	Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1
CurrentState:	All of Act in operation

Courts (General Amendment) Act 1995, No. 9/1995

Assent Date:	26.4.95
Commencement Date:	Ss 8, 11(2) on 27.4.95: Government Gazette 27.4.95 p. 973
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Judicial Remuneration Tribunal Act 1995, No. 22/1995

Assent Date:	16.5.95
Commencement Date:	Pt 1 (ss 1–3), s. 29 on 16.5.95: s. 2(1); ss 18, 23 on 18.5.95: Government Gazette 18.5.95 p. 1179; rest of Act on 28.9.95: Government Gazette 28.9.95 p. 2731
CurrentState:	All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 items 15.1–15.14) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts and Tribunals (General Amendment) Act 1996, No. 64/1996

Assent Date:	17.12.96
Commencement Date:	Pt 5 (ss 13–18) on 17.12.96: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997

Assent Date:	22.4.97
Commencement Date:	S. 6 on 22.12.97: Government Gazette 18.12.97 p. 3612
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

State Trustees (Amendment) Act 1998, No. 15/1998

Assent Date:	28.4.98
Commencement Date:	S. 8 on 1.8.98: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Magistrates' Court (Amendment) Act 1999, No. 10/1999

Assent Date:	11.5.99
Commencement Date:	Ss 27–29, 31(6) on 11.5.99: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts and Tribunals Legislation (Amendment) Act 2000, No. 1/2000

Assent Date:	28.3.00
Commencement Date:	S. 4 on 1.7.00: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Juries Act 2000, No. 53/2000

Assent Date:	12.9.00
Commencement Date:	S. 93 on 1.8.01: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 29) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 17) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001

Assent Date:	29.5.01
Commencement Date:	Ss 11–15 on 30.5.01: s. 2
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 25) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Judicial Remuneration Tribunal (Amendment) Act 2002, No. 4/2002

Assent Date:	3.4.02
Commencement Date:	S. 12(3) on 1.1.02: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 12) on 24.4.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation (Amendment) Act 2003, No. 39/2003

Assent Date:	11.6.03
Commencement Date:	S. 4 on 1.5.03: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation (Sexual Offences and Bail) Act 2004, No. 20/2004

Assent Date:	18.5.04
Commencement Date:	S. 13 on 19.5.04: s. 2
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation (Funds in Court) Act 2004, No. 30/2004

Assent Date:	1.6.04
Commencement Date:	Ss 5, 13 on 1.7.04: s. 2
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation (Judicial Appointments) Act 2004, No. 31/2004

Assent Date:	1.6.04
Commencement Date:	Ss 10, 11 on 2.6.04: s. 2
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Judicial Salaries Act 2004, No. 38/2004

Assent Date:	8.6.04
Commencement Date:	S. 13 on 9.6.04: s. 2
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 47) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No. 3/2005

Assent Date:	5.4.05
Commencement Date:	S. 15 on 6.4.05: s. 2(1); ss 6–9 on 1.5.05: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005

Assent Date:	24.5.05
Commencement Date:	S. 7 on 28.4.06: Special Gazette (No. 119) 28.4.06 p. 1
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 25) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005

Assent Date:	21.6.05
Commencement Date:	S. 5 on 22.6.05: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006

Assent Date:	11.4.06
Commencement Date:	Ss 8–11 on 12.4.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Valuation of Land (Amendment) Act 2006, No. 22/2006

Assent Date:	9.5.06
Commencement Date:	S. 20 on 1.7.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation (Jurisdiction) Act 2006, No. 50/2006

Assent Date:	15.8.06
Commencement Date:	Ss 3, 4 on 1.1.07: Government Gazette 5.10.06 p. 2100
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007, No. 24/2007

Assent Date:	26.6.07
Commencement Date:	Ss 4, 11 on 27.6.07: s. 2
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Payroll Tax Act 2007, No. 26/2007

Assent Date:	26.6.07
Commencement Date:	S. 109 on 1.7.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Statute Law Revision Act 2007, No. 28/2007

Assent Date:	26.6.07
Commencement Date:	S. 3(Sch. item 15) on 27.6.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Criminal Procedure Legislation Amendment Act 2008, No. 8/2008

Assent Date:	18.3.08
Commencement Date:	S. 10 on 1.7.08: s. 2(5); s. 12(3) on 1.7.10: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008

Assent Date:	3.6.08
Commencement Date:	Ss 9–15 on 4.6.08: s. 2(1); s. 23 on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008

Assent Date:	3.6.08
Commencement Date:	Ss 43–72, 90 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

County Court Amendment (Koori Court) Act 2008, No. 51/2008

Assent Date:	23.9.08
Commencement Date:	Ss 4–9 on 18.11.08: Special Gazette (No. 307) 18.11.08 p. 1; s. 10(1)(2) on 1.12.08: s. 2(3); s. 10(4) on 8.12.08: s. 2(5); s. 10(3) on 17.12.08: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation Amendment (Costs Court and Other Matters) Act 2008,
No. 78/2008

Assent Date:	11.12.08
Commencement Date:	S. 15 on 31.12.09: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008

Assent Date:	11.12.08
Commencement Date:	Ss 7–9 on 11.12.08: s. 2(1); s. 10 on 17.12.08: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

Assent Date:	10.2.09
Commencement Date:	S. 37(Sch. 1 item 8) on 1.12.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Sheriff Act 2009, No. 9/2009

Assent Date:	24.3.09
Commencement Date:	S. 72 on 1.10.09: Government Gazette 1.10.09 p. 2539
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Superannuation Legislation Amendment Act 2009, No. 38/2009

Assent Date:	30.6.09
Commencement Date:	Ss 20, 21 on 1.7.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation Amendment (Judicial Resolution Conference) Act 2009, No. 50/2009

Assent Date:	8.9.09
Commencement Date:	Ss 7–11 on 16.9.09: Special Gazette (No. 319) 16.9.09 p. 1—see Interpretation of Legislation Act 1984
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 35) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 12), (Sch. Pt 2 item 16) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Consumer Affairs Legislation Amendment Act 2010, No. 1/2010

Assent Date:	9.2.10
Commencement Date:	S. 103 on 1.8.10: Government Gazette 22.7.10 p. 1628
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	S. 54 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Amendment Act 2010, No. 30/2010

Assent Date:	8.6.10
Commencement Date:	S. 80 on 26.6.10: Government Gazette 24.6.10 p. 1274
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010

Assent Date:	15.6.10
Commencement Date:	S. 3 on 16.6.10: s. 2(3); ss 28–35 on 1.1.11: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Superannuation Legislation Amendment Act 2010, No. 40/2010

Assent Date:	30.6.10
Commencement Date:	Ss 107, 108 on 1.7.10: Government Gazette 1.7.10 p. 1359
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Civil Procedure Act 2010, No. 47/2010

Assent Date:	24.8.10
Commencement Date:	Ss 83–87 on 1.1.11: Government Gazette 14.10.10 p. 2404
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Further Amendment Act 2010, No. 64/2010

Assent Date:	28.9.10
Commencement Date:	S. 62 on 1.11.10: Government Gazette 21.10.10 p. 2530
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Commercial Arbitration Act 2011, No. 50/2011

Assent Date:	18.10.11
Commencement Date:	S. 46(Sch. item 4) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011

Assent Date:	22.11.11
Commencement Date:	S. 107(Sch. item 3) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Amendment Act 2012, No. 23/2012

Assent Date:	8.5.12
Commencement Date:	Ss 4, 5 on 9.5.12: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012

Assent Date:	29.5.12
Commencement Date:	Ss 13–17 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Amendment (Miscellaneous) Act 2012, No. 68/2012

Assent Date:	20.11.12
Commencement Date:	S. 8 on 21.11.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

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

Assent Date:	26.2.13
Commencement Date:	Ss 22–30 on 27.2.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Integrity Legislation Amendment Act 2013, No. 28/2013

Assent Date:	15.5.13
Commencement Date:	S. 6 on 1.1.13: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Open Courts Act 2013, No. 58/2013

Assent Date:	22.10.13
Commencement Date:	Ss 43–47 on 1.12.13: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

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

Assent Date:	6.11.13
Commencement Date:	Ss 26–39, 65–73 on 1.2.14: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 8) on 1.7.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013

Assent Date:	19.11.13
Commencement Date:	S. 11 on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 10) on 9.5.12: s. 2(2)(a)
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 26) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014, No. 25/2014

Assent Date:	8.4.14
Commencement Date:	S. 10 on 12.5.14: Special Gazette (No. 136) 29.4.14 p. 1
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 34) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the County Court Act 1958

Vexatious Proceedings Act 2014, No. 42/2014

Assent Date:	17.6.14
Commencement Date:	S. 104 on 31.10.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date:	9.9.14
Commencement Date:	Ss 11, 85–89 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Judicial Entitlements Act 2015, No. 29/2015

Assent Date:	11.8.15
Commencement Date:	Ss 61–67 on 12.8.15: s. 2(1); ss 80–83 on 1.1.16: s. 2(3)
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	Ss 11, 12, 24–31 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date:	19.4.16
Commencement Date:	Ss 191–196 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Family Violence Protection Amendment Act 2017, No. 19/2017

Assent Date:	16.5.17
Commencement Date:	Ss 46–49 on 16.11.17: Special Gazette (No. 388) 15.11.17 p. 1
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	S. 79 on 30.8.17: s. 2(1); s. 33 on 1.5.18: s. 2(4)
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 33) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018

Assent Date:	29.5.18
Commencement Date:	Ss 9, 10 on 14.12.18: Special Gazette (No. 497) 23.10.18 p. 1
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Legal Identity of Defendants (Organisational Child Abuse) Act 2018, No. 18/2018

Assent Date:	5.6.18
Commencement Date:	S. 17 on 1.7.18: Special Gazette (No. 305) 26.6.18 p. 1
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date:	14.8.18
Commencement Date:	Ss 59–62 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 10) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the County Court Act 1958

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date:	24.4.20
Commencement Date:	Ss 27, 28 on 25.4.20: s. 2
Current State:	This information relates only to the provision/s amending the County Court Act 1958

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:	20.10.20
Commencement Date:	S. 21 on 21.10.20: s. 2
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020

Assent Date:	8.12.20
Commencement Date:	Ss 3–5 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	S. 53 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021, No. 31/2021

Assent Date:	10.8.21
Commencement Date:	Ss 12–17 on 26.10.21: Special Gazette (No. 596) 26.10.21 p. 1; s. 9 on 29.11.21: Special Gazette (No. 649) 23.11.21 p. 1
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	Ss 36–39 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 5) on 6.9.23: s. 2
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Private Security and County Court Amendment Act 2024, No. 12/2024

Assent Date:	9.4.24
Commencement Date:	Ss 62, 63 on 10.4.24: s. 2(1)
Current State:	This information relates only to the provision/s amending the County Court Act 1958

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 5) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
Current State:	This information relates only to the provision/s amending the County Court Act 1958

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Metric Conversion (County Court Act) Regulations 1973, No. 371/1973

Date of Making:	18.12.73
Date of Commencement:	1.2.74: reg. 1

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3   Explanatory details

[1] S. 8(1): Section 46(1) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows:

46County Court Act 1958—transitional provisions

(1)The amendments made by section 13(1) to section 8(1) of the County Court Act 1958 apply only to appointments made after the commencement of section 13(1).

[2] S. 18: Section 17 of the County Court (Amendment) Act 1989, No. 19/1989 reads as follows:

17Transitional provision

(1)The person who holds office as the registrar of the Court at Melbourne immediately before the commencement of this Act holds office as the registrar under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.

(2)Each person who holds office as a registrar

of the Court (except the registrar of the Court at Melbourne) immediately before the commencement of this Act holds office as a deputy registrar under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.

(3)Each person who holds office as an assistant registrar of the Court immediately before the commencement of this Act holds office as a deputy registrar under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.

(4)Unless the context otherwise requires, any reference in this or any other Act or in any subordinate instrument or in any document or writing of any kind whatsoever to the registrar of the County Court is to be taken to refer to the registrar or any deputy registrar of the Court.

[3] S. 47B: Section 46(2) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows:

46County Court Act 1958—Transitional provisions

(2)The amendments made by section 15 to the County Court Act 1958 apply only to proceedings commenced after the commencement of that section.

[4] S. 48(1): Section 46(3) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows:

46County Court Act 1958—Transitional provisions

(3)The amendment made by section 16 to section 48(1) of the County Court Act 1958 applies only to proceedings commenced after the commencement of section 16.

[5] S. 70: Section 46(4) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows:

46County Court Act 1958—Transitional provisions

(4)The amendments made by section 17 to

section 70 of the County Court Act 1958 apply to proceedings, whether commenced before or after the commencement of section 17.

[6] S. 74: Sections 29 and 30 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 read as follows:

29Proceedings before Full Court

(1)The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.

(2)If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal.

30References to Full Court

A reference in an Act or an instrument made under an Act or in any other document to the Full Court of the Supreme Court or to the Supreme Court sitting as the Full Court is to be taken to include a reference to the Court of Appeal.

[7] S. 76: See note 6.

[8] S. 78(1)(hf): Section 12 of the Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997 reads as follows:

12Transitional provisions

(1)An amendment made by a provision of this Act to the Evidence Act 1958, the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 or the Children and Young Persons Act 1989 applies to a proceeding that is commenced to be heard on or after the twenty-first day after the commencement of that amendment, irrespective of when the proceeding was commenced or when any offence to which the proceeding relates is alleged to have been committed.

(2)For the purposes of subsection (1) in its application to criminal proceedings—

(a)a trial is commenced to be heard on arraignment of the accused person; and

(b)a hearing of a charge for an offence is commenced to be heard on the taking of a formal plea from the accused person.

[9] S. 78(1)(hg): See note 8.