Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007 (Vic)

Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007

No. 24 of 2007

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Judicial Education

3New Division 6 inserted in Part 2 of the Supreme Court Act 1986

Division 6—Professional development and training

28AProfessional development and training

4New Division 3AA inserted in Part I of the County Court Act 1958

Division 3AA—Professional development and training

17AAAProfessional development and training

5New section 13B substituted in the Magistrates' Court
Act 1989

13BProfessional development and training

6New Division 5 inserted in Part 2 of the Victorian Civil and Administrative Tribunal Act 1998

Division 5—Professional development and training

38AProfessional development and training

7Consequential amendment

Part 3—Other Matters

8Commissions of Judges

9Judicial pensions

10Masters may constitute Court of Appeal

11Appeals to the Court of Appeal from the County Court

12Continuation of Koori Court (Criminal Division) of the Children's Court

13Repeal of Act

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Endnotes

Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007

No. 24 of 2007

[Assented to 26 June 2007]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 and the Victorian Civil and Administrative Tribunal Act 1998 to provide for the professional development and continuing education and training of judicial officers;

(b)to amend the Constitution Act 1975 in relation to the appointment, resignation and retirement of Supreme Court Judges and the entitlement of certain Judges or their spouses to a pension;

(c)to amend the Constitution Act 1975 and the Supreme Court Act 1986 to enable a Supreme Court Master to constitute the Court of Appeal in certain proceedings;

(d)to amend the County Court Act 1958 in relation to appeals to the Court of Appeal in civil proceedings;

(e)to amend the Children, Youth and Families Act 2005 to provide for the Koori Court (Criminal Division) of the Children's Court to continue until 1 July 2009.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

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Part 2—Judicial Education

3New Division 6 inserted in Part 2 of the Supreme Court Act 1986

After Division 5 of Part 2 of the Supreme Court Act 1986 insert—

"Division 6—Professional development and training

28AProfessional development and training

(1)In this section—

judicial officer means—

(a)a Judge or acting Judge of the Court; or

(b)a Master.

(2)The Chief Justice is responsible for directing the professional development and continuing education and training of judicial officers.

(3)In discharging his or her responsibility under subsection (2) the Chief Justice may direct—

(a)all judicial officers; or

(b)a specified class of judicial officer; or

(c)a specified judicial officer—

to participate in a specified professional development or continuing education and training activity.

(4)A direction under subsection (3) may be given orally or in writing.".

4New Division 3AA inserted in Part I of the County Court Act 1958

After Division 3 of Part I of the County Court Act 1958 insert—

"Division 3AA—Professional development and training

17AAAProfessional development and training

(1)In this section—

judicial officer means—

(a)a judge; or

(b)a master of the court.

(2)The Chief Judge is responsible for directing the professional development and continuing education and training of judicial officers.

(3)In discharging his or her responsibility under subsection (2) the Chief Judge may direct—

(a)all judicial officers; or

(b)a specified class of judicial officer; or

(c)a specified judicial officer—

to participate in a specified professional development or continuing education and training activity.

(4)A direction under subsection (3) may be given orally or in writing.".

5New section 13B substituted in the Magistrates' Court Act 1989

For section 13B of the Magistrates' Court Act 1989 substitute—

"13B   Professional development and training

(1)In this section—

judicial officer means—

(a)a magistrate or acting magistrate; or

(b)a judicial registrar; or

(c)the principal registrar, a registrar or a deputy registrar.

(2)The Chief Magistrate is responsible for directing the professional development and continuing education and training of judicial officers.

(3)In discharging his or her responsibility under subsection (2) the Chief Magistrate may direct—

(a)all judicial officers; or

(b)a specified class of judicial officer; or

(c)a specified judicial officer—

to participate in a specified professional development or continuing education and training activity.

(4)A direction under subsection (3) may be given orally or in writing.".

6New Division 5 inserted in Part 2 of the Victorian Civil and Administrative Tribunal Act 1998

After Division 4 of Part 2 of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"Division 5—Professional development and training

38AProfessional development and training

(1)The President is responsible for directing the professional development and continuing education and training of members.

(2)In discharging his or her responsibility under subsection (1) the President may direct—

(a)all members; or

(b)a specified class of member; or

(c)a specified member—

to participate in a specified professional development or continuing education and training activity.

(3)A direction under subsection (2) may be given orally or in writing.".

7Consequential amendment

In section 30(2) of the Victorian Civil and Administrative Tribunal Act 1998 omit "and for directing the professional development and training of members".

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Part 3—Other Matters

8Commissions of Judges

(1)In section 75B(2) of the Constitution Act 1975 after "Governor" insert "by commission".

(2)In section 77(4)(d) of the Constitution Act 1975 for "years." substitute "years; or".

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

"(e)on the resignation in writing of the judge at any time before attaining the age specified in whichever of paragraphs (a), (b), (c) or (d) is applicable to the judge.".

(4)In section 83(1C) of the Constitution Act 1975—

(a)for "retire" substitute "resign in writing";

(b)for "retirement" substitute "resignation".

9Judicial pensions

(1)After section 83(1C) of the Constitution Act 1975 insert—

"(1D)A person who—

(a)having resigned from the office of Judge of the Court in the circumstances set out in subsection (1C); and

(b)before attaining the age of 65 years has become afflicted with some permanent incapacity which, had he or she not resigned, would have disabled him or her from the due execution of his or her office—

is entitled, on becoming so afflicted, to a pension payable fortnightly at the rate of the pension that would have been payable under subsection (1C) if he or she had attained the age of 65 years before becoming so afflicted.".

(2)In section 83(2)(b) of the Constitution Act 1975 for "(1)" substitute "(1), (1A), (1B), (1C) or (1D)".

10Masters may constitute Court of Appeal

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

"(2A)The Court of Appeal may be constituted by a Master in the case of a proceeding for which provision is made by an Act or enactment or by rules of court for the Court of Appeal to be so constituted.".

(2)In section 11(4) of the Supreme Court Act 1986 after "Judge of Appeal" insert "or a Master".

(3)For section 11(5) of the Supreme Court Act 1986 substitute—

"(5)The Court of Appeal may discharge or vary a judgment, order or direction given or made by a single Judge of Appeal or a Master.".

(4)After section 11(6) of the Supreme Court Act 1986 insert—

"(7)Subject to subsection (5), a judgment, order or direction given or made by a Master when exercising the jurisdiction and powers of the Court of Appeal has effect as a judgment, order or direction of the Court of Appeal.".

11Appeals to the Court of Appeal from the County Court

(1)In section 74(1) of the County Court Act 1958 for "Any" substitute "Subject to this section, any".

(2)After section 74(2D) of the County Court Act 1958 insert—

"(2E)An appeal does not lie to the Court of Appeal from a judgment or order of the court as to costs which are in the discretion of the court, being a judgment or order made on or after the commencement of section 11 of the Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007, except with the leave of the Court of Appeal or of the judge constituting the court which gave the judgment or made the order.".

(3)For section 74(4) of the County Court Act 1958 substitute—

"(4)Except so far as the Court of Appeal or the County Court otherwise orders, an appeal from a judgment or order made on or after the commencement of section 11 of the Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007 does not operate as a stay of execution or of proceedings under the judgment or order.".

12Continuation of Koori Court (Criminal Division) of the Children's Court

In section 2(3) of the Children, Youth and Families Act 2005 for "1 July 2007" substitute "1 July 2009".

13Repeal of Act

This Act is repealed on the first anniversary of its commencement.

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Endnotes

Minister's second reading speech—

Legislative Assembly: 23 May 2007

Legislative Council: 7 June 2007

The long title for the Bill for this Act was "A Bill for an Act to amend the Constitution Act 1975, the County Court Act 1958, the Supreme Court Act 1986, the Magistrates' Court Act 1989, the Victorian Civil and Administrative Tribunal Act 1998 and the Children, Youth and Families Act 2005 and for other purposes."

Absolute majorities:

Legislative Assembly: 7 June 2007

Legislative Council: 19 June 2007