Untitled document

Court Services Victoria and Other Acts Amendment Act 2015

No. 25 of 2015

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Court Services Victoria Act 2014

3Definitions

4New Division 2A of Part 4 inserted

5New Division 4 of Part 7 inserted

Part 3—Amendment of Financial Management Act 1994

6Appropriation for borrowing against future appropriation

7Unused appropriation

8Temporary advances to authorities

Part 4—Amendment of Independent Broad-based Anti-corruption Commission Act 2011

9Definitions

Part 5—Repeal

10Repeal of amending Act

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Endnotes

1      General information

Court Services Victoria and Other Acts Amendment Act 2015

No. 25 of 2015

[Assented to 29 June 2015]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Court Services Victoria Act 2014 to provide that the Chief Executive Officer of Court Services Victoria must employ a person, nominated by the Board of the Judicial College of Victoria, to be the chief executive officer of the College on the terms and conditions fixed by the Board; and

(b)to amend the Financial Management Act 1994 to provide Court Services Victoria with the same budget flexibility afforded to a department by that Act; and

(c)to amend the Independent Broad-based Anti-corruption Commission Act 2011 to include the Chief Executive Officer of Court Services Victoria in the definition of relevant principal officer.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2016, it comes into operation on that day.

Part 2—Amendment of Court Services Victoria Act 2014

3Definitions

In section 3 of the Court Services Victoria Act 2014—

(a)in the definition of member of the staff, for "2001;" substitute "2001.";

(b)the definition of State Services Authority is repealed.

4New Division 2A of Part 4 inserted

After Division 2 of Part 4 of the Court Services Victoria Act 2014 insert—

"Division 2A—Chief executive officer of Judicial College of Victoria

35AEmployment of chief executive officer of Judicial College of Victoria

(1)For the purposes of section 16(1) of the Judicial College of Victoria Act 2001, the Chief Executive Officer must employ a person, nominated by the Board of the Judicial College of Victoria, to be the chief executive officer of the Judicial College of Victoria.

Note

Section 16(1) of the Judicial College of Victoria Act 2001 provides that a chief executive officer of the College must be employed under Part 3 of the Public Administration Act 2004.

(2)The employment of the chief executive officer of the Judicial College of Victoria is on the terms and conditions (including remuneration and allowances) fixed by the Board of the Judicial College of Victoria.

(3)In fixing the remuneration to the chief executive officer of the Judicial College of Victoria, the Board of the Judicial College of Victoria must comply with any guidelines issued by the State in relation to executive remuneration for public entities in the public sector.

(4)The Chief Executive Officer must not terminate the employment of the chief executive officer of the Judicial College of Victoria unless the Board of the Judicial College of Victoria has approved the termination.

(5)Section 15 of the Public Administration Act 2004 does not apply to employment of the chief executive officer of the Judicial College of Victoria to the extent that it is inconsistent with this section.

35BFunctions of chief executive officer of Judicial College of Victoria

In performing his or her functions, the chief executive officer of the Judicial College of Victoria is responsible to, and must comply with any directions given by—

(a)the Board of the Judicial College of Victoria in relation to the operation of the College; and

(b)the Chief Executive Officer in relation to all other matters.".

5New Division 4 of Part 7 inserted

After section 58 of the Court Services Victoria Act 2014 insert—

"Division 4—Other transitional provisions

58ATransitional provision—Court Services Victoria and Other Acts Amendment Act 2015

(1)This section applies to the person who holds the position of chief executive officer of the Judicial College of Victoria immediately before the day on which section 4 of the Court Services Victoria and Other Acts Amendment Act 2015 comes into operation (the commencement day).

(2)On and after the commencement day, the person—

(a)is taken to have been employed as chief executive officer of the Judicial College of Victoria in accordance with section 35A; and

(b)continues to be employed in that capacity on the terms and conditions (including remuneration and allowances) no less favourable than those that applied immediately before the commencement day.".

Part 3—Amendment of Financial Management Act 1994

6Appropriation for borrowing against future appropriation

After section 28(4) of the Financial Management Act 1994 insert—

"(5)In this section—

department includes Court Services Victoria.".

7Unused appropriation

After section 32(4) of the Financial Management Act 1994 insert—

"(5)In this section—

authority includes Court Services Victoria.".

8Temporary advances to authorities

After section 36(2) of the Financial Management Act 1994 insert—

"(3)In this section—

authority includes Court Services Victoria.".

Part 4—Amendment of Independent
Broad-based Anti-corruption Commission Act 2011

9Definitions

In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, after paragraph (c) of the definition of relevant principal officer insert—

"(d)the Chief Executive Officer, within the meaning of the Court Services Victoria Act 2014, in relation to Court Services Victoria established under that Act and the members of the staff of Court Services Victoria;".

Part 5—Repeal

10Repeal of amending Act

This Act is repealed on 1 July 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).

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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: 6 May 2015

Legislative Council: 28 May 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Court Services Victoria Act 2014 to make provision for the employment of the chief executive officer of the Judicial College of Victoria, to amend the Financial Management Act 1994 to provide Court Services Victoria with greater budget flexibility and to amend the Independent Broad-based Anti-corruption Commission Act 2011 to clarify the role of the Chief Executive Officer of Court Services Victoria in relation to complaints made to, and investigations by, the Independent Broad-based Anti-corruption Commission and for other purposes. "