Courts Legislation (Miscellaneous Amendments) Act 2005 (Vic)

Courts Legislation (Miscellaneous Amendments) Act 2005

Act No. 30/2005

table of provisions

Section  Page

Part 1—Preliminary

1.Purposes

2.Commencement

Part 2—Amendment of Magistrates' Court Act 1989

3.Witnessing of statements to be tendered at committal
proceedings

Part 3—Recognition of Prior Service with respect to Pensions for Judges

4.Constitution Act 1975—Amendment of section 83

5.County Court Act 1958—Amendment of section 14

Part 4—Amendment of Judicial Remuneration Tribunal Act 1995

6.Amendment of section 11

7.Amendment of section 15

Part 5—Amendment of Sentencing Act 1991

8.Suspension of drug treatment order until offender attends the Drug Court

Part 6—Amendment of Other Acts

9.Repeal of sections 2(2), 2(3) and 10 of the Magistrates' Court (Koori Court) Act 2002

10.Repeal of sections 2(2), 8, 9 and 14 of the Sentencing (Amendment) Act 2002

11.Amendment of Public Administration Act 2004 in relation to Legal Ombudsman

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Endnotes

Courts Legislation (Miscellaneous Amendments) Act 2005

[Assented to 21 June 2005]

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1.Purposes

The purposes of this Act are to—

(a)amend the Magistrates' Court Act 1989 to authorise certain persons to take statements for committal proceedings;

(b)amend the Constitution Act 1975 and the County Court Act 1958 to provide recognition of certain prior service for pension purposes;

(c)amend the Judicial Remuneration Tribunal Act 1995 to allow the Attorney-General to issue certain certificates in relation to judicial conditions of service and to allow the Judicial Remuneration Tribunal to consider additional leave arrangements;

(d)amend the Magistrates' Court (Koori Court) Act 2002 to repeal sunsetting provisions relating to the Koori Court;

(e)amend the Sentencing Act 1991 in relation to Drug Court absconders;

(f)amend the Sentencing (Amendment) Act 2002 to repeal sunsetting provisions relating to the Drug Court.

2.Commencement

(1)This Act, except section 11, comes into operation on the day after the day on which it receives the Royal Assent.

(2)Section 11(1) is deemed to have come into operation on 5 April 2005.

(3)Section 11(2) comes into operation on the day on which section 6.3.1 of the Legal Profession Act 2004 comes into operation.

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Part 2—Amendment of Magistrates' Court Act 1989

3.Witnessing of statements to be tendered at committal proceedings

In Schedule 5 to the Magistrates' Court Act 1989, before clause 8(1)(b)(vii) insert—

"(vid)an employee of the Australian Postal Corporation who is appointed by the Corporation to act as a Corporate Investigator; or

(vie)an officer at Australian Public Service level 5 or higher who is a member of the National Investigations Unit of the Department of Education, Science and Training; or

(vif)an officer at Australian Public Service level 5 or higher who is an Investigator or Investigation Manager in the Insolvency and Trustee Service Australia; or".

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Part 3—Recognition of Prior Service with respect to Pensions for Judges

4.Constitution Act 1975—Amendment of section 83

After section 83(6) of the Constitution Act 1975 insert—

'(6A)For the purposes of sub-section (6)(ab), if a Judge of the Court who immediately prior to his or her appointment held the office of Director of Public Prosecutions, Chief Crown Prosecutor or a Senior Crown Prosecutor (a "relevant office") had also held another one or two of those relevant offices immediately prior to, or successively prior to, his or her appointment to the last relevant office held by him or her, then his or her service in that other relevant office or those other relevant offices counts as service in the last of the relevant offices held by him or her.'.

5.County Court Act 1958—Amendment of section 14

After section 14(5) of the County Court Act 1958 insert—

'(6)For the purposes of sub-section (5)(ab), if a judge under this Act who immediately prior to his or her appointment held the office of Director of Public Prosecutions, Chief Crown Prosecutor or a Senior Crown Prosecutor (a "relevant office") had also held another one or two of those relevant offices immediately prior to, or successively prior to, his or her appointment to the last relevant office held by him or her, then his or her service in that other relevant office or those other relevant offices counts as service in the last of the relevant offices held by him or her.'.

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Part 4—Amendment of Judicial Remuneration Tribunal Act 1995

6.Amendment of section 11

After section 11(1)(c)(i) of the Judicial Remuneration Tribunal Act 1995 insert—

"(ia)additional annual leave including, but not limited to, leave under arrangements such as 48/52 schemes;".

7.Amendment of section 15

For section 15(1)(b) of the Judicial Remuneration Tribunal Act 1995 substitute—

"(b)in the case of a report which is an advisory opinion which the Attorney-General has accepted, authorising the adjustment of salary, allowances and conditions of service or salary or allowances or conditions of service of holders of an office in accordance with that report; and

(c)in the case of a report which is an advisory opinion which the Attorney-General has accepted, authorising the adjustment of remuneration and conditions of service or remuneration or conditions of service of acting judges or acting magistrates in accordance with that report.".

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Part 5—Amendment of Sentencing Act 1991

8.Suspension of drug treatment order until offender attends the Drug Court

(1)After section 18ZN(3) of the Sentencing Act 1991 insert—

"(3A)If notice of the hearing concerning the cancellation of the treatment and supervision part of a drug treatment order—

(a)has been given to the offender or has been, to the satisfaction of the Drug Court, attempted to be given to the offender but the attempt is not successful; and

(b)the offender does not attend for the hearing—

then the treatment and supervision part of the drug treatment order is suspended and the period between the failure to attend the hearing and the day on which the offender does attend the Drug Court for the hearing does not count in calculating the period for which that part of the order operates.".

(2)After section 18ZP(4) of the Sentencing Act 1991 insert—

"(4A)If notice of the hearing concerning the cancellation of the treatment and supervision part of a drug treatment order—

(a)has been given to the offender or has been, to the satisfaction of the Drug Court, attempted to be given to the offender but the attempt is not successful; and

(b)the offender does not attend for the hearing—

then the treatment and supervision part of the drug treatment order is suspended and the period between the failure to attend the hearing and the day on which the offender does attend the Drug Court for the hearing does not count in calculating the period for which that part of the order operates.".

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Part 6—Amendment of Other Acts

9.Repeal of sections 2(2), 2(3) and 10 of the Magistrates' Court (Koori Court) Act 2002

Sections 2(2), 2(3) and 10 of the Magistrates' Court (Koori Court) Act 2002 are repealed.

10.Repeal of sections 2(2), 8, 9 and 14 of the Sentencing (Amendment) Act 2002

Sections 2(2), 8, 9 and 14 of the Sentencing (Amendment) Act 2002 are repealed.

11.Amendment of Public Administration Act 2004 in relation to Legal Ombudsman

(1)After section 16(1)(f) of the Public Administration Act 2004 insert—

"(fa)the Legal Ombudsman in relation to the office of the Legal Ombudsman;".

(2)Section 16(1)(fa) of the Public Administration Act 2004 is repealed.

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Endnotes

Minister's second reading speech—

Legislative Assembly: 19 May 2005

Legislative Council: 16 June 2005

The long title for the Bill for this Act was "to amend the Magistrates' Court Act 1989, the Constitution Act 1975, the County Court Act 1958, the Judicial Remuneration Tribunal Act 1995, the Sentencing Act 1991 and certain other Acts and for other purposes."

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 15 June 2005

Legislative Council: 16 June 2005