Courts Legislation (Judicial Appointments) Act 2004 (Vic)

Courts Legislation (Judicial Appointments) Act 2004

Act No. 31/2004

table of provisions

Section  Page

1.Purposes

2.Commencement

3.Definition of "part-time magistrate"

4.Appointment of magistrates

5.Appointment of acting magistrates

6.Assignment of duties

7.Pro-rata salary for part-time magistrates

8.Magistrates' Court Act 1989—transitional

9.Judicial Remuneration Tribunal Act 1995

10.Qualification of County Court judges

11.Qualification of masters of the County Court

12.Qualification of Masters of the Supreme Court

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Endnotes

Courts Legislation (Judicial Appointments) Act 2004

[Assented to 1 June 2004]

The Parliament of Victoria enacts as follows:

1.Purposes

The purposes of this Act are—

(a)to enable magistrates to work on a part-time basis;

(b)to widen the eligibility criteria for appointment as a magistrate, acting magistrate, County Court judge, County Court master or Supreme Court Master.

2.Commencement

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

3.Definition of "part-time magistrate"

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

' "part-time magistrate" means a magistrate who—

(a)is appointed on a part-time basis under section 7; or

(b)has entered into an agreement with the Chief Magistrate under section 13(3);'.

4.Appointment of magistrates

(1)After section 7(1) of the Magistrates' Court Act 1989 insert—

"(1A)A magistrate (other than the Chief Magistrate) may be appointed on a full-time or part-time basis.".

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

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

(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)has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.".

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

"(8)A part-time magistrate, while undertaking the duties of a magistrate, has the same powers, duties, protection and immunity as a full-time magistrate.

(9)A part-time magistrate must not engage in legal practice at any time during the term of his or her appointment.".

5.Appointment of acting magistrates

For section 9(2) of the Magistrates' Court Act 1989 substitute—

"(2)A person is not eligible for appointment as an acting magistrate unless he or she has not attained the age of 70 years and—

(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)has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.".

6.Assignment of duties

After section 13(2) of the Magistrates' Court Act 1989 insert—

"(3)A magistrate, although not appointed on a part-time basis, may, by agreement in writing entered into with the Chief Magistrate, undertake the duties of a magistrate on a part-time basis.".

7.Pro-rata salary for part-time magistrates

(1)In Schedule 1 to the Magistrates' Court Act 1989, in clause 2—

(a)at the end of paragraph (a) insert "or";

(b)after paragraph (a) insert—

"(b)in the case of a part-time magistrate who is a Deputy Chief Magistrate, a pro-rata amount of the salary referred to in paragraph (a).".

(2)In Schedule 1 to the Magistrates' Court Act 1989, in clause 3—

(a)at the end of paragraph (a) insert "or";

(b)after paragraph (a) insert—

"(b)in the case of a part-time magistrate, a pro-rata amount of the salary referred to in paragraph (a).".

(3)In Schedule 1 to the Magistrates' Court Act 1989, in clause 9, for "Nothing" substitute "Subject to clauses 2(b) and 3(b), nothing".

8.Magistrates' Court Act 1989—transitional

In Schedule 8 to the Magistrates' Court Act 1989, after clause 29 insert—

"30.A person is eligible for appointment as a magistrate under section 7 if the person was, immediately before the commencement of section 4(2) of the Courts Legislation (Judicial Appointments) Act 2004, eligible for appointment under section 7(3)(b) as then in force.".

9.Judicial Remuneration Tribunal Act 1995

In section 3 of the Judicial Remuneration Tribunal Act 1995, in the definition of "holder of an office"—

(a)in paragraph (h), after "Magistrates" insert "(whether full-time or part-time)";

(b)in paragraph (i), after "the Magistrates" insert "(whether full-time or part-time)".

10.Qualification of County Court judges

(1)In section 8(1) of the County Court Act 1958 omit "each of whom shall be a practitioner of the Supreme Court of not less than 7 years' standing;".

(2)After section 8(1) of the County Court Act 1958 insert—

"(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)has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.".

11.Qualification of masters of the County Court

For section 17A(3) of the County Court Act 1958 substitute—

"(3)A person shall not be appointed a master 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)has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.".

12.Qualification of Masters of the Supreme Court

For section 104(3) of the Supreme Court Act 1986 substitute—

"(3)A person must not be appointed as Senior Master, Master, Registrar of the Court of Appeal, Listing Master, Registrar of Criminal Appeals or Taxing Master unless that 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)has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.".

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EndnoteS

Minister's second reading speech—

Legislative Assembly: 22 April 2004

Legislative Council: 12 May 2004

The long title for the Bill for this Act was "to amend the Magistrates' Court Act 1989 and the Judicial Remuneration Tribunal Act 1995 to enable magistrates to work on a part-time basis, to amend the County Court Act 1958 and the Supreme Court Act 1986 to widen the eligibility criteria for certain judicial appointments and for other purposes."