Untitled document
Justice Legislation Further Amendment Act 2016
No. 3 of 2016
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Magistrates' Court Act 1989
3Appointment of Aboriginal elders or respected persons
4Warrants
5Issue of warrant to arrest
6Search warrants
7New clause 54 of Schedule 8 inserted
Part 3—Amendment of Children, Youth and Families Act 2005
8New section 528B inserted
9Appointment of Aboriginal elders or respected persons
10New section 625 inserted
Part 4—Amendment of County Court Act 1958
11Appointment of Aboriginal elders or respected persons
12New section 100 inserted
Part 5—Amendment of Court Security Act 1980
13Definitions
Part 6—Amendment of Victims of Crime Assistance Act 1996
14Form of application
Part 7—Amendment of Victorian Civil and Administrative Tribunal Act 1998
15Presumption of order for reimbursement of fees to successful party in certain proceedings
16New section 169 inserted
17Constitution of Tribunal
Part 8—Amendments relating to superannuation
Division 1—Magistrates' Court Act 1989
18Section 10 amended
19Salaries and allowances of magistrates
20Reserve magistrates
21New Part 3 of Schedule 1 inserted
Division 2—Supreme Court Act 1986
22New section 113GA inserted
Division 3—Coroners Act 2008
23Appointment of coroners
Part 9—Amendments relating to dual commission holders
Division 1—County Court Act 1958
24Definitions
25Appointment and qualification of judges
26New section 8AA inserted
27Salaries and allowances of the Chief Judge and other judges
28Provision for pensions to County Court judges and their partners
29Professional development and training
30Council of Judges
31New section 101 inserted
Division 2—Magistrates' Court Act 1989
32Definitions
33Appointment of magistrates
34Salaries
35Pension of Chief Magistrate
36Council of magistrates
37Warrants
38New section 110A inserted
Division 3—Constitution Act 1975
39Qualification and appointment of Judges
40Commissions of Judges
41New section 81K inserted
42Salaries, allowances and pensions of Judges of the Supreme Court
43As to pensions of Judges of the Supreme Court and their partners and children
44Judges not to hold any other place of profit
Division 4—Supreme Court Act 1986
45Power to make Rules
46Council of Judges
47Professional development and training
Division 5—Judicial Entitlements Act 2015
48Salary entitlements of judicial officers
49Conditions of service of judicial officers
50Certificates under section 15 of the Judicial Remuneration Tribunal Act 1995
Division 6—Children, Youth and Families Act 2005
51Appeal to County Court or Supreme Court
52Right of appeal
53DPP's right of appeal against sentence
54DPP's right of appeal—failure to fulfil undertaking
55New section 513B inserted
Division 7—Sentencing Act 1991
56Fixing of non-parole period otherwise than by sentencing court
57Appeals
Division 8—Independent Broad-based Anti‑corruption Commission Act 2011
58Definitions
Division 9—Interpretation of Legislation Act 1984
59Definitions
Division 10—Criminal Procedure Act 2009
60Definitions
61Right of appeal
62How appeal is commenced
63Determination of appeal
64DPP's right of appeal against sentence
65How appeal is commenced
66Determination of DPP's appeal
67DPP's right of appeal—failure to fulfil undertaking
68How appeal is commenced
69Determination of DPP's appeal—failure to fulfil undertaking
70Late notice of appeal deemed to be application for leave to appeal
71Abandonment of appeal
72Applicant's failure to appear
73Respondent's failure to appear on appeal by DPP
74Appeal against aggregate sentence
75Appeal to County Court authorised by other Acts
76Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court
77How appeal is commenced
78Determination of application for leave to appeal under section 283
79Determination of appeal
80Determination of appeal
81Reservation of question of law on appeal to County Court
82DPP may refer point of law to Court of Appeal
83Costs on appeal to County Court
84Costs on abandonment of appeal to County Court
Division 11—Family Violence Protection Act 2008
85Court to which appeal must be made
86Conduct of appeal
Division 12—Personal Safety Intervention Orders Act 2010
87Court to which appeal must be made
88Conduct of appeal
Division 13—Land Act 1958
89Appeals
Division 14—Maintenance Act 1965
90Notice of appeal and application of appeal provisions of the Magistrates' Court Act 1989
Division 15—Liquor Control Reform Act 1998
91Property forfeited
Division 16—Fisheries Act 1995
92Additional penalties for licence holders committing offences
Division 17—Disability Act 2006
93Appeals regarding extended leave
Division 18—Gambling Regulation Act 2003
94Forfeiture
Division 19—Judgment Debt Recovery Act 1984
95Persistent wilful default
Division 20—Catchment and Land Protection Act 1994
96Effect of finding of guilt for offence against section 18G
Division 21—Water Act 1989
97Effect of finding of guilt for offence against section 109
Division 22—Road Safety Act 1986
98Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court
99Appeals against alcohol interlock condition direction or period specified in direction
Division 23—Serious Sex Offenders (Detention and Supervision) Act 2009
100Secretary may apply for a supervision order
Division 24—Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
101Appeal in relation to fitness to stand trial
102Appeal against unconditional release
103Appeal against mental impairment finding
104Appeal against unconditional release
105Appeal against supervision order
Part 10—Amendment of other Acts
Division 1—Coroners Act 2008
106Access to documents
Division 2—Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
107Variation of custodial supervision orders on application or review
Part 11—Repeal of amending Act
108Repeal of amending Act
═══════════════
Endnotes
1 General information
Justice Legislation Further Amendment Act 2016
No. 3 of 2016
[Assented to 16 February 2016]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Magistrates' Court Act 1989—
(i)to provide for electronic issue and transfer of warrants to Victoria Police; and
(ii)to provide for appointment of Aboriginal elders or respected persons by the Chief Executive Officer of Court Services Victoria; and
(b)to amend the Children, Youth and Families Act 2005—
(i)to provide for electronic issue and transfer of warrants to Victoria Police; and
(ii)to provide for appointment of Aboriginal elders or respected persons by the Chief Executive Officer of Court Services Victoria; and
(c)to amend the County Court Act 1958 to provide for appointment of Aboriginal elders or respected persons by the Chief Executive Officer of Court Services Victoria; and
(d)to amend the definitions of clerk and court in the Court Security Act 1980; and
(e)to amend the Victims of Crime Assistance Act 1996 to remove the requirement for a statutory declaration in support of certain applications; and
(f)to amend the Victorian Civil and Administrative Tribunal Act 1998—
(i)to expand the category of members able to hear expungement appeals; and
(ii)to remove the presumption for fee reimbursement in proceedings under the Residential Tenancies Act 1997; and
(g)to amend the Supreme Court Act 1986, the Magistrates' Court Act 1989 and the Coroners Act 2008 in relation to payment of superannuation to certain judicial officers; and
(h)to amend the Constitution Act 1975, the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 and the Judicial Entitlements Act 2015 to provide for a person to hold a dual commission—
(i)as the Chief Judge of the County Court and a Supreme Court Judge; or
(ii)as the Chief Magistrate and a County Court judge; and
(i)to make minor amendments to the Coroners Act 2008 and the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
2Commencement
(1)Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of Part 9 does not come into operation before 1 June 2016, it comes into operation on that day.
(3)If a provision of this Act, other than a provision of Part 9, does not come into operation before 17 October 2016, it comes into operation on that day.
Part 2—Amendment of Magistrates' Court Act 1989
3Appointment of Aboriginal elders or respected persons
(1)In section 17A of the Magistrates' Court Act 1989, for "Secretary" (wherever occurring) substitute "Chief Executive Officer".
(2)After section 17A(3) of the Magistrates' Court Act 1989 insert—
"(4)In this section—
Chief Executive Officer means the Chief Executive Officer of Court Services Victoria appointed under section 22 of the Court Services Victoria Act2014.".
4Warrants
(1)After section 57(1) of the Magistrates' Court Act 1989 insert—
"(1A)A warrant directed to a named police officer or generally to all police officers may be issued, not in paper form, but by the person issuing the warrant causing to be entered into the computer system used by the Court the prescribed particulars and causing those particulars to be transmitted electronically to Victoria Police in accordance with the regulations, if any.
(1B)A warrant issued in accordance with subsection (1A)—
(a)directs and authorises the person to whom it is issued to do all things that the person would have been directed or authorised to do if a warrant containing the particulars referred to in subsection (1A) had been issued in paper form under subsection (1) by the person issuing the warrant; and
(b)must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this Act or any other Act.".
(2)In section 57(8) of the Magistrates' Court Act 1989, after "machine" insert "or other means of electronic communication".
(3)In section 57(9) of the Magistrates' Court Act 1989, before "must be signed" insert ", subject to subsection (1A),".
5Issue of warrant to arrest
In section 61(3) of the Magistrates' Court Act 1989, after "machine" insert "or other means of electronic communication".
6Search warrants
In section 75(3) of the Magistrates' Court Act 1989, after "machine" insert "or other means of electronic communication".
7New clause 54 of Schedule 8 inserted
After clause 53 of Schedule 8 to the Magistrates' Court Act 1989 insert—
"54 Transitional—Justice Legislation Further Amendment Act 2016
Each person who holds the office of Aboriginal elder or respected person immediately before the commencement of section 3 of the Justice Legislation Further Amendment Act 2016 continues, on and from that commencement, to hold that office on the same terms and conditions as applied to the person immediately before that commencement, as if the person had been appointed by the Chief Executive Officer.".
Part 3—Amendment of Children, Youth and Families Act 2005
8New section 528B inserted
After section 528A of the Children, Youth and Families Act 2005 insert—
"528B Issue of warrants in electronic form
(1)A warrant directed to a named police officer or generally to all police officers may be issued, not in paper form, but by the person issuing the warrant causing to be entered into the computer system used by the Court the prescribed particulars and causing those particulars to be transmitted electronically to Victoria Police in accordance with the regulations, if any.
(2)A warrant issued in accordance with subsection (1)—
(a)directs and authorises the person to whom it is issued to do all things that the person would have been directed or authorised to do if a warrant containing the particulars referred to in subsection (1) had been issued in paper form by the person issuing the warrant; and
(b)must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this Act or any other Act.".
9Appointment of Aboriginal elders or respected persons
(1)In section 536 of the Children, Youth and Families Act 2005—
(a)in subsection (1), for "Secretary to the Department of Justice" substitute "Chief Executive Officer";
(b)in subsections (2) and (3), for "that Secretary" substitute "the Chief Executive Officer".
(2)After section 536(3) of the Children, Youth and Families Act 2005 insert—
"(4)In this section—
Chief Executive Officer means the Chief Executive Officer of Court Services Victoria appointed under section 22 of the Court Services Victoria Act 2014.".
10New section 625 inserted
After section 624 of the Children, Youth and Families Act 2005 insert—
"625 Transitional provision—Justice Legislation Further Amendment Act 2016
Each person who holds the office of Aboriginal elder or respected person immediately before the commencement of section 9 of the Justice Legislation Further Amendment Act 2016 continues, on and from that commencement, to hold that office on the same terms and conditions as applied to the person immediately before that commencement, as if the person had been appointed by the Chief Executive Officer.".
Part 4—Amendment of County Court Act 1958
11Appointment of Aboriginal elders or respected persons
(1)In section 22A of the County Court Act 1958, for "Secretary" (wherever occurring) substitute "Chief Executive Officer".
(2)After section 22A(3) of the County Court Act 1958 insert—
"(4)In this section—
Chief Executive Officer means the Chief Executive Officer of Court Services Victoria appointed under section 22 of the Court Services Victoria Act 2014.".
12New section 100 inserted
After section 99 of the County Court Act 1958 insert—
"100 Transitional provision—Justice Legislation Further Amendment Act 2016
Each person who holds the office of Aboriginal elder or respected person immediately before the commencement of section 11 of the Justice Legislation Further Amendment Act 2016 continues, on and from that commencement, to hold that office on the same terms and conditions as applied to the person immediately before that commencement, as if the person had been appointed by the Chief Executive Officer.".
Part 5—Amendment of Court Security Act 1980
13Definitions
In section 2(1) of the Court Security Act 1980—
(a)after paragraph (ca) of the definition of clerk insert—
"(cb)in the case of the Children's Court, the principal registrar of that Court;";
(b)for the definition of court substitute—
"court includes—
(a)the Supreme Court; and
(b)the County Court; and
(c)the Magistrates' Court; and
(d)the Children's Court; and
(e)the Coroners Court; and
(f)VCAT; and
(g)the Victims of Crime Assistance Tribunal; and
(h)any prescribed tribunal, body or person which is by law entitled to hear, receive and examine evidence;".
Part 6—Amendment of Victims of Crime Assistance Act 1996
14Form of application
(1)In section 26 of the Victims of Crime Assistance Act 1996—
(a)in paragraph (d), for "hearing; and" substitute "hearing.";
(b)paragraph (e) is repealed.
(2)At the end of section 26 of the Victims of Crime Assistance Act 1996 insert—
"(2)If the act of violence has not been reported to the police, the application must also be accompanied by a statutory declaration made by the applicant or the person making the application on behalf of the applicant, setting out—
(a)the circumstances of the act of violence; and
(b)the reasons for failing to report the matter.".
Part 7—Amendment of Victorian Civil and Administrative Tribunal Act 1998
15Presumption of order for reimbursement of fees to successful party in certain proceedings
Section 115C(1)(d) of the Victorian Civil and Administrative Tribunal Act 1998 is repealed.
16New section 169 inserted
After section 168 of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"169 Savings—Justice Legislation Further Amendment Act 2016
Despite the repeal of section 115C(1)(d) by the Justice Legislation Further Amendment Act 2016, section 115C(1)(d) (as in force immediately before its repeal) continues to apply on and after that repeal in relation to a proceeding commenced to be heard but not determined by the Tribunal before that repeal.".
17Constitution of Tribunal
In clause 79 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, for "the President or Vice President" substitute "apresidential member or senior member".
Part 8—Amendments relating to superannuation
Division 1—Magistrates' Court Act 1989
18Section 10 amended
(1)For the heading to section 10 of the Magistrates' Court Act 1989 substitute—
"Salaries, superannuation contributions, allowances and other conditions of service".
(2)For section 10(1) of the Magistrates' Court Act 1989 substitute—
"(1)Part 1 of Schedule 1 sets out—
(a)the salaries payable to magistrates and the allowances and other conditions of service to which magistrates are entitled; and
(b)the superannuation contributions payable for the benefit of magistrates.".
(3)For section 10(2) of the Magistrates' Court Act 1989 substitute—
"(2)Part 2 of Schedule 1 sets out—
(a)the salaries payable to reserve magistrates and the allowances and other conditions of service to which reserve magistrates are entitled; and
(b)the superannuation contributions payable for the benefit of reserve magistrates.".
19Salaries and allowances of magistrates
After clause 4 of Schedule 1 to the Magistrates' Court Act 1989 insert—
"4A.Subject to clause 4B, a magistrate, other than the Chief Magistrate, is entitled to have superannuation contributions made for the benefit of the magistrate to an RSA within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth or a complying superannuation fund within the meaning of that Act that are calculated by multiplying the salary of the magistrate by the applicable multiplier.
4B.Clause 4A does not apply if the magistrate is, or is taken to be, a member of the new scheme or the revised scheme under the State Superannuation Act 1988.
4C.In clause 4A—
applicable multiplier means the number specified as the charge percentage under section 19(2) of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as in force from time to time, for the relevant period, divided by 100;
salary includes the car allowance for magistrates provided for in certificate 1/2008 dated 14 July 2008 issued under section 15 of the Judicial Remuneration Tribunal Act 1995 (as continued in operation under section 43 of the Judicial Entitlements Act 2015).".
20Reserve magistrates
After clause 11 of Schedule 1 to the Magistrates' Court Act 1989 insert—
"11A Superannuation contributions
(1)Subject to subclause (2), a reserve magistrate is entitled to have superannuation contributions made for the benefit of the reserve magistrate to an RSA within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth or a complying superannuation fund within the meaning of that Act that are calculated by multiplying the salary of the reserve magistrate by the applicable multiplier.
(2)Subclause (1) does not apply if the reserve magistrate is, or is taken to be, a member of the new scheme or the revised scheme under the State Superannuation Act 1988.
(3)In subclause (1)—
applicable multiplier means the number specified as the charge percentage under section 19(2) of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as in force from time to time, for the relevant period, divided by 100.".
21New Part 3 of Schedule 1 inserted
At the end of Part 2 of Schedule 1 to the Magistrates' Court Act 1989 insert—
"Part 3—Validation of past payments
13Validation of certain past superannuation payments
(1)Subject to subclause (3), this clause applies to the following persons who hold or held the relevant specified office during the validation period or during any part of the validation period—
(a)a magistrate other than the Chief Magistrate;
(b)a reserve magistrate;
(c)a person who was an acting magistrate appointed under section 9 as in force immediately before its repeal by the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013;
(d)a coroner appointed under section 94 of the Coroners Act 2008;
(e)a judicial registrar.
(2)Any superannuation contribution made for the benefit of a person to whom this clause applies during the validation period or during any part of the validation period, (as the case requires) which was determined by multiplying the salary of the person during the relevant period by the applicable multiplier for that period is taken to be, and to have always been—
(a)a validly made superannuation contribution for the benefit of that person to which that person was entitled; and
(b)authorised by law to be paid from the Consolidated Fund.
(3)This clause does not apply to a person referred to in subclause (1)(a) to (e) if the person is, or is taken to be, a member of the new scheme or the revised scheme under the State Superannuation Act 1988.
(4)In this clause—
applicable multiplier means the number specified as the charge percentage under section 19(2) of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as in force from time to time, for the relevant period, divided by 100;
commencement date means the day that section 21 of the Justice Legislation Further Amendment Act 2016 comes into operation;
salary includes the car allowance for magistrates provided for in certificate 1/2008 dated 14 July 2008 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 the extent that a person to whom this clause applies is entitled to such an allowance;
validation period means the period from 1 January 1994 to the commencement date.".
Division 2—Supreme Court Act 1986
22New section 113GA inserted
After section 113G of the Supreme Court Act 1986 insert—
"113GA Validation of certain past superannuation payments—judicial registrars
(1)This section applies to a person who holds or held office as a judicial registrar during the validation period, or during any part of the validation period, other than a person who is, or is taken to be, a member of the new scheme or the revised scheme under the State Superannuation Act 1988.
(2)Any superannuation contribution made for the benefit of a person to whom this section applies during the validation period, or during any part of the validation period, (as the case requires) which was determined by multiplying the salary of the person during the relevant period by the applicable multiplier for that period is taken to be, and to have always been—
(a)a validly made superannuation contribution for the benefit of the judicial registrar to which that judicial registrar was entitled; and
(b)authorised by law to be paid from the Consolidated Fund.
(3)In this section—
applicable multiplier means the number specified as the charge percentage under section 19(2) of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as in force from time to time, for the relevant period, divided by 100;
commencement date means the day that section 22 of the Justice Legislation Further Amendment Act 2016 comes into operation;
validation period means the period from 1 January 2011 to the commencement date.".
Division 3—Coroners Act 2008
23Appointment of coroners
In section 94(5) of the Coroners Act 2008, after "magistrate" insert "and the superannuation contributions payable for the benefit of a magistrate".
Part 9—Amendments relating to dual commission holders
Division 1—County Court Act 1958
24Definitions
In section 3(1) of the County Court Act 1958 insert the following definition—
"Judge of the Supreme Court means a person referred to in section 75(3)(d) of the Constitution Act 1975;".
25Appointment and qualification of judges
(1)In section 8(1) of the County Court Act 1958, for "The Governor" substitute "Subject to subsection (1B), the Governor".
(2)After section 8(1A) of the County Court Act 1958 insert—
"(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.".
26New section 8AA inserted
After section 8 of the County Court Act 1958 insert—
"8AA Resignation 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.".
27Salaries and allowances of the Chief Judge and other judges
(1)After section 10(1) of the County Court Act 1958 insert—
"(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.".
(2)After section 10(3) of the County Court Act 1958 insert—
"(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 is a dual commission holder—
(a)is entitled to the salary and the allowances and other conditions of service of the Chief Magistrate 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.".
(3)After section 10(6D) of the County Court Act 1958 insert—
"(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.".
28Provision for pensions to County Court judges and their partners
(1)After section 14(3AC) of the County Court Act 1958 insert—
"(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 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 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 is a dual commission holder, subsection (3) does not apply and section 10A of the Magistrates' Court Act1989 applies.".
(2)After section 14(5)(ac) of the County Court Act 1958 insert—
"(aca)if any judge under this Act was, immediately prior to the person's appointment, a Judge of the Supreme Court referred to in section 75(3) of the Constitution Act 1975, the person's service as a Judge of the Supreme Court shall count as service in the office of judge under this Act;".
(3)After section 14(5)(ae) of the County Court Act1958 insert—
"(af)the Chief Judge who is a dual commission holder is taken to not hold the office of Judge of the Supreme Court during the period of being a dual commission holder when counting service in the office of judge under this Act;
(ag)if a judge under this Act is a dual commission holder as Chief Magistrate, the person's service in the office of Chief Magistrate, whilst a dual commission holder, shall count as service in the office of judge;
(ah)if a judge under this Act is a dual commission holder as Chief Magistrate, the judge is taken to not hold the office of judge during the period of holding the dual commission when counting service in the office of judge;".
29Professional development and training
In section 17AAA(1) of the County Court Act1958, in paragraph (a) of the definition of judicial officer, after "a judge" insert "(other than a judge who is a dual commission holder as the Chief Magistrate)".
30Council of Judges
After section 87(3) of the County Court Act 1958 insert—
"(4)A dual commission holder is a member of the Council of Judges of the Court and—
(a)in the case of the Chief Judge, is also a member of the Council of Judges under section 28 of the Supreme Court Act 1986; and
(b)in the case of the Chief Magistrate, is also a member of the Council of the magistrates under section 15 of the Magistrates' Court Act 1989.".
31New section 101 inserted
At the end of Part VIII of the County Court Act1958 insert—
"101 Transitional provision—Justice Legislation Further Amendment Act 2016
(1)Within 3 months of the commencement of section 33(3) of the Justice Legislation Further Amendment Act 2016, the Attorney-General must recommend to the Governor in Council under section 8(1) the appointment of the person who holds the office of Chief Magistrate immediately before that commencement and also at the date of the recommendation to the office of judge under this Act (other than the Chief Judge).
(2)On the making of the appointment referred to in subsection (1), the Chief Magistrate concurrently holds both the office of Chief Magistrate under the Magistrates' Court Act 1989 and the office of judge (other than Chief Judge or reserve judge) under this Act.
(3)Nothing in section 7(2B) of the Magistrates' Court Act 1989, as inserted by section 33(3) of the Justice Legislation Further Amendment Act 2016, affects the validity of the appointment of the Chief Magistrate holding office immediately before section 33(3) of that Act commenced.
(4)Nothing in section 8(1B), as inserted by section 25(2) of the Justice Legislation Further Amendment Act 2016, affects the validity of the appointment of the Chief Judge holding office immediately before section 25(2) of that Act commenced.".
Division 2—Magistrates' Court Act 1989
32Definitions
(1)In section 3(1) of the Magistrates' Court Act 1989 insert the following definition—
"judge of the County Court means a judge of the County Court appointed under the County Court Act 1958, other than the Chief Judge or a reserve judge appointed under that Act;".
(2)In section 3(1) of the Magistrates' Court Act 1989, in the definition of magistrate, after "includes" insert "the Chief Magistrate and".
33Appointment of magistrates
(1)In section 7(1) of the Magistrates' Court Act 1989, after "many" insert "persons as".
(2)In section 7(2) of the Magistrates' Court Act 1989—
(a)for "The Governor" substitute "Subject to subsection (2B), the Governor";
(b)after "magistrates" insert "or, in accordance with subsection (2B), another person";
(c)after "two or more" insert "magistrates".
(3)After section 7(2A) of the Magistrates' Court Act 1989—
"(2B)Without limiting subsection (2), the Chief Magistrate, when appointed under subsection(2) must—
(a)already be a judge of the County Court; or
(b)be simultaneously appointed as Chief Magistrate under subsection (2) and appointed under section 8(1) of the County Court Act 1958 as a judge of the County Court.".
(4)After section 7(6) of the Magistrates' Court Act 1989 insert—
"(6A)The Chief Magistrate who is a dual commission holder may—
(a)resign simultaneously from both the office of Chief Magistrate under subsection (6) and the office of judge of the County Court under the County Court Act 1958; or
(b)resign from the office of Chief Magistrate under subsection (6) and continue in office as a judge of the County Court under the County Court Act 1958; or
(c)resign from the office of judge of the County Court under the County Court Act 1958 and continue in office as Chief Magistrate without being a dual commission holder.".
34Salaries
After section 10(1) of the Magistrates' Court Act 1989 insert—
"(1A)The Chief Magistrate who is a dual commission holder—
(a)is entitled to the salary and the allowances and other conditions of service of the Chief Magistrate under this section and Schedule 1; and
(b)is not entitled to receive any salary, allowances or other conditions of service as a judge of the County Court under the County Court Act 1958 during the period of being a dual commission holder.".
35Pension of Chief Magistrate
(1)The note at the foot of section 10A(1) of the Magistrates' Court Act 1989 is repealed.
(2)After section 10A(1) of the Magistrates' Court Act 1989 insert—
"(1A)Subject to subsections (1B) and (1C), section 14(5) of the County Court Act 1958 applies, with any necessary modification, in relation to the recognition of service for the purposes of a pension under this section.
(1B)The Chief Magistrate who is a dual commission holder is taken to not hold the office of judge of the County Court during the period of being a dual commission holder when counting service in the office of Chief Magistrate.
(1C)For the avoidance of doubt, if the Chief Magistrate is a dual commission holder, the person's service in the office of Chief Magistrate, whilst a dual commission holder, shall count, for the purposes of this section, as service in the office of Chief Magistrate.
(1D)If the Chief Magistrate resigns the office of Chief Magistrate as a dual commission holder but continues in the office of judge of the County Court, that person is taken not to have resigned or retired from the office of Chief Magistrate for the purposes of section 14 (2), (2A) and (2B) of the County Court Act 1958 as applied by this section.
(1E)In the case of the death of a Chief Magistrate who is a dual commission holder, this section applies.".
36Council of magistrates
After section 15(4) of the Magistrates' Court Act1989 insert—
"(5)A Chief Magistrate who is a dual commission holder is a member of the Council of magistrates and is also a member of the Council of Judges of the Court under section 87 of the County Court Act 1958.".
37Warrants
In section 57(7A) of the Magistrates' Court Act1989, after "County Court" insert "or the prothonotary of the Supreme Court".
38New section 110A inserted
After section 110 of the Magistrates' Court Act1989 insert—
"110A Appeals from Court constituted by Chief Magistrate who is a dual commission holder
Unless this Act or another Act otherwise provides, an appeal from the Court constituted by the Chief Magistrate who is a dual commission holder, which would be an appeal to the County Court if the Chief Magistrate were not a dual commission holder, shall be to the Trial Division of the Supreme Court.".
Division 3—Constitution Act 1975
39Qualification and appointment of Judges
At the foot of section 75B(1) of the Constitution Act 1975 insert the following note—
"Note
See also section 8(1B) of the County Court Act 1958 in relation to a Judge of the Court who is a dual commission holder as Chief Judge.".
40Commissions of Judges
(1)In section 77(4) of the Constitution Act 1975, for "commission of a judge" substitute "commission of a Judge of the Court".
(2)At the foot of section 77(4) of the Constitution Act 1975 insert the following note—
"Note
See also section 8AA of the County Court Act 1958 in relation to resignation by a Judge of the Court who is a dual commission holder as Chief Judge.".
41New section 81K inserted
After section 81J of the Constitution Act 1975 insert—
"81K Transitional provision—Justice Legislation Further Amendment Act 2016
(1)Within 3 months of the commencement of section 25(2) of the Justice Legislation Further Amendment Act 2016, the Attorney-General must recommend to the Governor under section 75B(2) the appointment of the person who holds the office of Chief Judge immediately before that commencement and also at the date of the recommendation to the office of Judge of the Court referred to in section 75(3)(d).
(2)On the making of the appointment referred to in subsection (1), the Chief Judge concurrently holds both the office of Chief Judge under the County Court Act 1958 and the office of Judge of the Supreme Court referred to in section 75(3)(d).".
42Salaries, allowances and pensions of Judges of the Supreme Court
(1)After section 82(3) of the Constitution Act 1975 insert—
"(3A)Despite subsections (2) and (3), a Judge of the Court who is a dual commission holder as Chief Judge—
(a)is not entitled to the salary, allowances and conditions of service of a Judge of the Court during the period of being a dual commission holder; and
(b)is entitled to the salary, allowances and conditions of service of the Chief Judge referred to in section 10(1A) of the County Court Act 1958.".
(2)After section 82(6D) of the Constitution Act 1975 insert—
"(6E)The appointment of a Judge of the Court as a dual commission holder as Chief Judge does not constitute a reduction in the salary or allowances of the Judge of the Court who takes the appointment.".
43As to pensions of Judges of the Supreme Court and their partners and children
(1)After section 83(3) of the Constitution Act 1975 insert—
"(3A)If a dual commission holder resigns the office of Judge of the Court but continues in the office of Chief Judge, that person is taken not to have resigned or retired from the office of Judge of the Court for the purposes of subsections (1), (1A), (1B), (1C) and (1D).
(3B)If a dual commission holder simultaneously resigns the office of Judge of the Court and the office of Chief Judge, that person is taken not to have resigned or retired from the office of Judge of the Court for the purposes of subsections (1), (1A), (1B), (1C) and (1D), but section 14 of the County Court Act 1958 may apply if the person would otherwise be entitled to a pension under that section.
(3C)In the case of the death of a Judge of the Court who is a dual commission holder as Chief Judge, subsection (2) does not apply and section 14 of the County Court Act 1958 applies.".
(2)After section 83(6)(ba) of the Constitution Act1975 insert—
"(bb)if a Judge of the Court is a dual commission holder as Chief Judge, the Judge is taken to not hold the office of Judge of the Court during the period of holding the dual commission when counting service in the office of Judge of the Court;
(bc)if a Judge of the Court is a dual commission holder as Chief Judge, the person's service in the office of judge of the County Court, whilst a dual commission holder, shall count as service in the office of Judge of the Court;".
44Judges not to hold any other place of profit
After section 84(4) of the Constitution Act 1975 insert—
"(4A)Subsection (1) does not apply to or in relation to a Judge of the Court who accepts, takes or performs the duties of the office of Chief Judge as a dual commission holder.".
Division 4—Supreme Court Act 1986
45Power to make Rules
In section 25(1)(c) of the Supreme Court Act 1986, after "Judge" insert "from".
46Council of Judges
After section 28(4) of the Supreme Court Act 1986 insert—
"(5)A Judge of the Court who is a dual commission holder as Chief Judge is a member of the Council of Judges of the Court and is also a member of the Council ofJudges under section 87 of the County Court Act 1958.".
47Professional development and training
In section 28A(1) of the Supreme Court Act 1986, in paragraph (a) of the definition of judicial officer, after "Judge of the Court" insert "(other than a Judge of the Court who is a dual commission holder as Chief Judge)".
Division 5—Judicial Entitlements Act 2015
48Salary entitlements of judicial officers
In the note at the foot of section 5(2) of the Judicial Entitlements Act 2015, after "officers" insert "and section 10(1A) of the County Court Act 1958 and section 10(1A) of the Magistrates' Court Act 1989 in relation to salaries of dual commission holders".
49Conditions of service of judicial officers
At the foot of section 11 of the Judicial Entitlements Act 2015 insert—
"Note
See also section 10(1A) of the County Court Act 1958 and section 10(1A) of the Magistrates' Court Act 1989 in relation to conditions of service of dual commission holders.".
50Certificates under section 15 of the Judicial Remuneration Tribunal Act 1995
After section 43(2) of the Judicial Entitlements Act 2015 insert—
"(3)In any certificate referred to in subsection (1), a reference to a magistrate does not include a reserve magistrate unless otherwise specified in that certificate.".
Division 6—Children, Youth and Families Act 2005
51Appeal to County Court or Supreme Court
In section 328(1) of the Children, Youth and Families Act 2005, after "President" insert "or the Chief Magistrate who is a dual commission holder".
52Right of appeal
In section 424 of the Children, Youth and Families Act 2005, after "President" insert "or the Chief Magistrate who is a dual commission holder".
53DPP's right of appeal against sentence
In section 427(1) of the Children, Youth and Families Act 2005, after "President" insert "or the Chief Magistrate who is a dual commission holder".
54DPP's right of appeal—failure to fulfil undertaking
In section 429A(1) of the Children, Youth and Families Act 2005, after "President" insert "or the Chief Magistrate who is a dual commission holder".
55New section 513B inserted
After section 513A of the Children, Youth and Families Act 2005 insert—
"513B Appeals from Court constituted by Chief Magistrate who is a dual commission holder
Unless this Act or another Act otherwise provides, an appeal from the Court constituted by the Chief Magistrate who is a dual commission holder which would be an appeal to the County Court if the Chief Magistrate were not a dual commission holder, shall be an appeal to the Trial Division of the Supreme Court.".
Division 7—Sentencing Act 1991
56Fixing of non-parole period otherwise than by sentencing court
(1)After section 13(1)(a) of the Sentencing Act 1991 insert—
"(ab)in the case of a sentence imposed by the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, the Trial Division of the Supreme Court; or".
(2)In section 13(1)(b) of the Sentencing Act 1991 after "Magistrates' Court" insert ", other than a sentence referred to in paragraph (ab)".
57Appeals
After section 18ZR(9) of the Sentencing Act 1991 insert—
"(10)In this section, a reference to the County Court is to be construed as a reference to the Trial Division of the Supreme Court if the appeal is from the Magistrates' Court or the Drug Court constituted by the Chief Magistrate who is a dual commission holder.".
Division 8—Independent Broad-based Anti‑corruption Commission Act 2011
58Definitions
In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, in the definition of relevant head of jurisdiction—
(a)for paragraph (b)(ii) substitute—
"(ii)if the Chief Judge is the person whose conduct is being investigated—
(A)if the Chief Judge is a dual commission holder, the Chief Justice; or
(B)otherwise, the next most senior judge of the County Court;";
(b)for paragraph (c)(ii) substitute—
"(ii)if the Chief Magistrate is the person whose conduct is being investigated—
(A)if the Chief Magistrate is a dual commission holder, the Chief Judge; or
(B)otherwise, the most senior Deputy Chief Magistrate;".
Division 9—Interpretation of Legislation Act 1984
59Definitions
In section 38 of the Interpretation of Legislation Act 1984 insert the following definitions—
"dual commission holder means—
(a)in relation to the Chief Judge, a person who concurrently holds both the office of Chief Judge under the County Court Act 1958 and the office of Judge of the Supreme Court referred to in section 75(3)(d) of the Constitution Act 1975;
(b)in relation to the Chief Magistrate, a person who concurrently holds both the office of Chief Magistrate under the Magistrates' Court Act 1989 and the office of judge of the County Court (other than Chief Judge or reserve judge) under the County CourtAct 1958;
magistrate has the same meaning as in section 3(1) of the Magistrates' Court Act1989;".
Division 10—Criminal Procedure Act 2009
60Definitions
In section 3 of the Criminal Procedure Act 2009, in paragraph (b) of the definition of previous conviction, after "County Court" insert "or the Supreme Court, as the case requires,".
61Right of appeal
(1)In section 254 of the Criminal Procedure Act 2009, for "A person" substitute "Subject to subsection (2), a person".
(2)At the end of section 254 of the Criminal Procedure Act 2009 insert—
"(2)If the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder, the appeal is to be made to the Trial Division of the Supreme Court.".
62How appeal is commenced
(1)In section 255(3)(b) of the Criminal Procedure Act 2009, after "Court" insert "or the Supreme Court, as the case requires".
(2)In section 255(4) of the Criminal Procedure Act 2009—
(a)after "rules of the County Court" insert "or the Supreme Court, as the case requires"; and
(b)for "appeal the County Court" substitute "appeal the court".
(3)In section 255(5) of the Criminal Procedure Act2009—
(a)after "rules of the County Court" insert "or the Supreme Court, as the case requires"; and
(b)in paragraph (a) before "to appear" insert "subject to paragraph (ab),"; and
(c)after paragraph (a) insert—
"(ab)in the case of an appeal referred to in section 254(2), to appear at the Supreme Court to proceed with the appeal at a place and on a day fixed or to be fixed by the Prothonotary of the Supreme Court and to appear at the Supreme Court for the duration of the appeal; and"; and
(d)in paragraph (b), after "registrar of the County Court" insert "or the Prothonotary of the Supreme Court, as the case requires".
(4)In section 255(6)(a) of the Criminal Procedure Act 2009—
(a)after "rules of the County Court" insert "or the Supreme Court, as the case requires"; and
(b)for "appeal the County Court" substitute "appeal the court".
(5)In section 255(7) of the Criminal Procedure Act 2009, after "the County Court" insert "or the Supreme Court, as the case requires".
63Determination of appeal
(1)In section 256(2) of the Criminal Procedure Act2009—
(a)after "the County Court" insert "or the Supreme Court, as the case requires";
(b)in paragraph (b), for "County Court" substitute "court".
(2)In section 256(3) and (4) of the Criminal Procedure Act 2009, for "County Court" substitute "court".
(3)In section 256(5) of the Criminal Procedure Act2009, after "County Court" insert "or the Supreme Court, as the case requires".
64DPP's right of appeal against sentence
(1)In section 257(1) of the Criminal Procedure Act2009, for "The DPP" substitute "Subject to subsection (1A), the DPP".
(2)After section 257(1) of the Criminal Procedure Act 2009 insert—
"(1A)If the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder, the appeal is to be made to the Trial Division of the Supreme Court.".
(3)In section 257(2) of the Criminal Procedure Act2009 after "Court" insert "or the Trial Division of the Supreme Court, as the case requires".
65How appeal is commenced
(1)In section 258(3)(b) of the Criminal Procedure Act 2009, after "Court" insert "or the Supreme Court, as the case requires".
(2)In section 258(5) of the Criminal Procedure Act2009, after "Court" insert "or the Supreme Court, as the case requires".
66Determination of DPP's appeal
(1)In section 259(2) of the Criminal Procedure Act2009—
(a)after "the County Court" insert "or the Supreme Court, as the case requires";
(b)in paragraph (b), for "County Court" substitute "court".
(2)In section 259(3) and (4) of the Criminal Procedure Act 2009, for "County Court" substitute "court".
(3)In section 259(5) of the Criminal Procedure Act2009, after "County Court" insert "or the Supreme Court, as the case requires".
67DPP's right of appeal—failure to fulfil undertaking
(1)In section 260(1) of the Criminal Procedure Act2009, for "Without" substitute "Subject to subsection (1A), without".
(2)After section 260(1) of the Criminal Procedure Act 2009 insert—
"(1A)If the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder, the appeal is to be made to the Trial Division of the Supreme Court.".
68How appeal is commenced
(1)In section 261(3) of the Criminal Procedure Act2009 after "Court" insert "or the Supreme Court, as the case requires".
(2)In section 261(5) of the Criminal Procedure Act2009 after "Court" insert "or the Supreme Court, as the case requires".
69Determination of DPP's appeal—failure to fulfil undertaking
(1)In section 262(2) of the Criminal Procedure Act 2009—
(a)after "if the County Court" insert "or the Supreme Court, as the case requires,";
(b)for "County Court" (where secondly occurring) substitute "court".
(2)In section 262(3) of the Criminal Procedure Act 2009, for "County Court" substitute "court".
70Late notice of appeal deemed to be application for leave to appeal
(1)In section 263(2) of the Criminal Procedure Act 2009, after "County Court" insert "or the Supreme Court, as the case requires,".
(2)In section 263(3) of the Criminal Procedure Act 2009, for "County Court" substitute "court" (where twice occurring).
(3)In section 263(4) of the Criminal Procedure Act 2009—
(a)in paragraph (a), after "County Court" insert "or the Supreme Court, as the case requires,";
(b)after "registrar of the County Court" insert "or the Prothonotary of the Supreme Court, as the case requires,".
(4)In section 263(5)(b) of the Criminal Procedure Act 2009, after "registrar of the County Court" insert "or the Prothonotary of the Supreme Court, as the case requires,".
71Abandonment of appeal
(1)In section 266(1) of the Criminal Procedure Act 2009—
(a)after "County Court" insert "or the Supreme Court, as the case requires,"; and
(b)for "County Court, with the County Court" substitute "applicable court, with the applicable court".
(2)In section 266(3)(a) of the Criminal Procedure Act 2009, after "registrar of the County Court" insert "or the Prothonotary of the Supreme Court, as the case requires".
(3)In section 266(3A) of the Criminal Procedure Act 2009—
(a)after "registrar of the County Court" insert "or the Prothonotary of the Supreme Court, as the case requires,";
(b)after "registrar" insert "or Prothonotary".
(4)In section 266(4) of the Criminal Procedure Act 2009, for "County Court" substitute "court".
(5)In section 266(5)(b) of the Criminal Procedure Act 2009, after "registrar of the County Court" insert "or the Prothonotary of the Supreme Court, as the case requires".
(6)In section 266(6) of the Criminal Procedure Act 2009, for "County Court" substitute "court".
72Applicant's failure to appear
(1)In section 267(1) of the Criminal Procedure Act 2009, after "County Court" insert "or the Supreme Court, as the case requires,".
(2)In section 267(1A) of the Criminal Procedure Act 2009—
(a)after "County Court" insert "or the Supreme Court, as the case requires,"; and
(b)after "registrar of the County Court" insert "or the Prothonotary of the Supreme Court, as the case requires".
(3)In section 267(2)(b) of the Criminal Procedure Act 2009, after "registrar of the County Court" insert "or the Prothonotary of the Supreme Court, as the case requires".
(4)In section 267(3) and (6) of the Criminal Procedure Act 2009, for "County Court" substitute "court".
(5)In section 267(6A) of the Criminal Procedure Act 2009, after "County Court" insert "or the Supreme Court, as the case requires,".
73Respondent's failure to appear on appeal by DPP
In section 268 of the Criminal Procedure Act 2009 after "Court" (wherever occurring) insert "or the Supreme Court, as the case requires".
74Appeal against aggregate sentence
In section 270 of the Criminal Procedure Act 2009 after "Court" insert "or the Supreme Court, as the case requires".
75Appeal to County Court authorised by other Acts
At the end of section 271 of the Criminal Procedure Act 2009 insert—
"(2)In this section, if the appeal was from the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, a reference to the County Court is to be construed as a reference to the Trial Division of the Supreme Court.".
76Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court
In section 283(2) of the Criminal Procedure Act 2009, after "County Court" insert "or the Supreme Court, as the case requires".
77How appeal is commenced
In section 284(1) of the Criminal Procedure Act 2009, for "County Court" substitute "court".
78Determination of application for leave to appeal under section 283
In section 284A of the Criminal Procedure Act 2009, for "County Court" (wherever occurring) substitute "court".
79Determination of appeal
In section 285(3) of the Criminal Procedure Act 2009—
(a)after "County Court" (where first occurring) insert "or the Trial Division of the Supreme Court, as the case requires";
(b)after "County Court" (where secondly occurring) insert "or the Trial Division of the Supreme Court".
80Determination of appeal
In section 286 of the Criminal Procedure Act 2009—
(a)in subsection (1), for "by the County Court" substitute "by the Court";
(b)in subsection (1)(b), after "County Court" insert "or the Trial Division of the Supreme Court, as the case requires";
(c)in subsection (2) omit "to the County Court";
(d)in subsection (2)(a), for "County Court" substitute "court".
(e)in subsection (2)(b), for "County Court" substitute "court".
81Reservation of question of law on appeal to County Court
In section 302A of the Criminal Procedure Act 2009—
(a)after "the Magistrates' Court" insert "or, if Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court";
(b)for "County Court may" substitute "County Court or the Trial Division of the Supreme Court, as the case requires, may";
(c)for "if the County Court" substitute "if the court".
82DPP may refer point of law to Court of Appeal
In section 308(1)(b) of the Criminal Procedure Act 2009 after "the Magistrates' Court" insert "or, if Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court".
83Costs on appeal to County Court
(1)In the heading to section 406 of the Criminal Procedure Act 2009 after "Court" insert
"or the Trial Division of the Supreme Court under section 254".
(2)In section 406(1) of the Criminal Procedure Act 2009—
(a)in paragraph (b), after "County Court" insert "or the Trial Division of the Supreme Court, as the case requires,";
(b)for "County Court may" substitute "court may".
(3)In section 406(2) of the Criminal Procedure Act 2009—
(a)after "the County Court" insert "or the Supreme Court, as the case requires,";
(b)after "1958" insert "or the Supreme Court Act 1986, as the case requires".
(4)In section 406(3) of the Criminal Procedure Act 2009—
(a)after "If the County Court" insert "or the Supreme Court, as the case requires,";
(b)in paragraph (b), for "County Court" substitute "court";
(c)for "County Court may" substitute "court may".
(5)In section 406(4) of the Criminal Procedure Act 2009 for "County Court may" substitute "court may".
84Costs on abandonment of appeal to County Court
(1)In the heading to section 407 of the Criminal Procedure Act 2009 after "Court" insert "or the Trial Division of the Supreme Court".
(2)In section 407 of the Criminal Procedure Act 2009—
(a)in subsection (1), after "County Court" insert "or the Trial Division of the Supreme Court, as the case requires,";
(b)in subsections (2) and (3), for "County Court" substitute "court".
Division 11—Family Violence Protection Act 2008
85Court to which appeal must be made
For section 115(b) of the Family Violence Protection Act 2008 substitute—
"(b)the Trial Division of the Supreme Court, if the court that made the relevant decision was—
(i)the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder; or
(ii)the Children's Court constituted by the President of the Court or the Chief Magistrate who is a dual commission holder.".
86Conduct of appeal
In the note at the foot of section 119(1) of the Family Violence Protection Act 2008, after "the Court" insert "or the Chief Magistrate who is a dual commission holder, or the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder".
Division 12—Personal Safety Intervention Orders Act 2010
87Court to which appeal must be made
For section 92(b) of the Personal Safety Intervention Orders Act 2010 substitute—
"(b)the Trial Division of the Supreme Court, if the court that made the relevant decision was—
(i)the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder; or
(ii)the Children's Court constituted by the President of the Court or the Chief Magistrate who is a dual commission holder.".
88Conduct of appeal
In the note at the foot of section 96(1) of the Personal Safety Intervention Orders Act 2010, after "the Court" insert "or the Chief Magistrate who is a dual commission holder, or the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder".
Division 13—Land Act 1958
89Appeals
(1)Insert the following heading to section 203 of the Land Act 1958—
"Appeals".
(2)In section 203 of the Land Act 1958, after "County Court" insert "or, in case of a conviction or order of the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, the Trial Division of the Supreme Court".
Division 14—Maintenance Act 1965
90Notice of appeal and application of appeal provisions of the Magistrates' Court Act 1989
(1)After section 107(1) of the Maintenance Act 1965 insert—
"(1A)Despite subsection (1), if the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder, the appeal is to be made to the Trial Division of the Supreme Court.".
(2)After section 107(4) of the Maintenance Act 1965 insert—
"(5)In subsections (2) to (4), a reference to the County Court is to be construed as a reference to the Trial Division of the Supreme Court in relation to an appeal referred to in subsection (1A).".
Division 15—Liquor Control Reform Act 1998
91Property forfeited
For section 138(2) of the Liquor Control Reform Act 1998 substitute—
"(2)An appeal against an order of forfeiture under subsection (1) may be made—
(a)to the County Court; or
(b)if the order was made by the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court.".
Division 16—Fisheries Act 1995
92Additional penalties for licence holders committing offences
(1)In section 128(5)(a) of the Fisheries Act 1995, after "County Court" insert "or, if the decision was made by the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, the Trial Division of the Supreme Court".
(2)In section 128(6) of the Fisheries Act 1995, after "County Court" insert "or, if the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder, the Trial Division of the Supreme Court".
Division 17—Disability Act 2006
93Appeals regarding extended leave
After section 163(1)(a) of the Disability Act 2006 insert—
"(ab)if the original court making the decision was the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, the Trial Division of the Supreme Court; or".
Division 18—Gambling Regulation Act 2003
94Forfeiture
For section 10.5.28(2) of the Gambling Regulation Act 2003 substitute—
"(2)An appeal against an order of forfeiture under subsection (1) may be made—
(a)to the County Court; or
(b)if the order was made by the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court.".
Division 19—Judgment Debt Recovery Act 1984
95Persistent wilful default
After section 19(4)(a) of the Judgment Debt Recovery Act 1984 insert—
"(ab)where that order was made by the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court; or".
Division 20—Catchment and Land Protection Act 1994
96Effect of finding of guilt for offence against section 18G
In section 18J(2)(a) of the Catchment and Land Protection Act 1994, after "Magistrates' Court" insert "(other than the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder)".
Division 21—Water Act 1989
97Effect of finding of guilt for offence against section 109
In section 112(2)(a) of the Water Act 1989, after "Magistrates' Court" insert "(other than the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder)".
Division 22—Road Safety Act 1986
98Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court
(1)In section 29(1) of the Road Safety Act 1986 omit "to the County Court".
(2)In section 29(1A) of the Road Safety Act 1986, after "President" insert "or the Chief Magistrate who is a dual commission holder".
99Appeals against alcohol interlock condition direction or period specified in direction
In section 50AAC of the Road Safety Act 1986 omit (where twice occurring) "to the County Court".
Division 23—Serious Sex Offenders (Detention and Supervision) Act 2009
100Secretary may apply for a supervision order
After section 7(3)(a) of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"(ab)the Trial Division of the Supreme Court, if the Magistrates Court constituted by the Chief Magistrate who is a dual commission holder sentenced the offender for the relevant offence; or".
Division 24—Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
101Appeal in relation to fitness to stand trial
In section 38U(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "President" insert "or the Chief Magistrate who is a dual commission holder".
102Appeal against unconditional release
In section 38ZAA(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "President" insert "or the Chief Magistrate who is a dual commission holder".
103Appeal against mental impairment finding
In section 38ZE(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "President" insert "or the Chief Magistrate who is a dual commission holder".
104Appeal against unconditional release
In section 38ZF(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "President" insert "or the Chief Magistrate who is a dual commission holder".
105Appeal against supervision order
In section 38ZJ(1) and (2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "President" insert "or the Chief Magistrate who is a dual commission holder".
Part 10—Amendment of other Acts
Division 1—Coroners Act 2008
106Access to documents
In section 115(7) of the Coroners Act 2008, for "an inquest" substitute "a coronial investigation".
Division 2—Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
107Variation of custodial supervision orders on application or review
In section 38ZO(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "Unless the Children's Court revokes the order, the court" substitute "TheChildren's Court".
Part 11—Repeal of amending Act
108Repeal of amending Act
This Act is repealed on 17 October 2017.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
═══════════════
Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 22 October 2015
Legislative Council: 26 November 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the Children, Youth and Families Act 2005, the Constitution Act 1975, the Coroners Act 2008, the County Court Act 1958, the Court Security Act 1980, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, the Judicial Entitlements Act 2015, the Magistrates' Court Act 1989, the Supreme Court Act 1986, the Victims of Crime Assistance Act 1996 and the Victorian Civil and Administrative Tribunal Act 1998, to make consequential or minor amendments to other Acts and for other purposes."
0
0
0