Untitled document

Justice Legislation Amendment (Miscellaneous) Act 2012

No. 68 of 2012

TABLE OF PROVISIONS

Section  Page

PART 1—PRELIMINARY

1Purposes

2Commencement

PART 2—ACCIDENT COMPENSATION ACT 1985

3Giving of reasons

4New Division 14 inserted into Part IX

390Effect of repeal of section 134AE

PART 3—JUDICIAL REMUNERATION TRIBUNAL ACT 1995

5Reports

PART 4—SUPREME COURT ACT 1986

6Business may be disposed of by judicial registrars if Rules so permit

7Power to make Rules

PART 5—COUNTY COURT ACT 1958

8Provision for pensions to County Court judges and their
partners

PART 6—AMENDMENT OF THE TERRORISM
(COMMUNITY PROTECTION) ACT 2003

9Review

PART 7—REPEAL OF AMENDING ACT

10Repeal of amending Act

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ENDNOTES

Justice Legislation Amendment (Miscellaneous) Act 2012

No. 68 of 2012

[Assented to 20 November 2012]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to repeal section 134AE of the Accident Compensation Act 1985, which requires the court to give detailed reasons when deciding a worker's application for leave to proceed with a common law claim for damages in respect of serious injury;

(b)to amend the Judicial Remuneration Tribunal Act 1995 to remove the requirement that the Tribunal report to the Attorney-General at specified intervals;

(c)to amend the Supreme Court Act 1986 to clarify the rule making powers in relation judicial registrars;

(d)to amend the County Court Act 1958 in relation to recognition of service for pension entitlements;

(e)to amend the Terrorism (Community Protection) Act 2003 to extend the date for tabling a report on the operation of that Act.

2Commencement

(1)This Act, except Part 2, comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Part 2 comes into operation on 1 January 2013.

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PART 2—ACCIDENT COMPENSATION ACT 1985

3Giving of reasons

Section 134AE of the Accident Compensation Act 1985 is repealed.

4New Division 14 inserted into Part IX

After Division 13 of Part IX of the Accident Compensation Act 1985 insert—

"Division 14—Justice Legislation Amendment (Miscellaneous) Act 2012

390Effect of repeal of section 134AE

(1)If an application for leave to bring proceedings under section 134AB(16)(b) has been made and heard but a decision has not been made on that application before 1 January 2013, on and from 1 January 2013, the court, in deciding that application, must give reasons as if section 134AE had not been repealed.

(2)Despite section 14(2) of the Interpretation of Legislation Act 1984, in relation to an application for leave to bring proceedings under section 134AB(16)(b) commenced before 1 January 2013, other than an application referred to in subsection (1), on and from 1 January 2013, the repeal of section 134AE takes effect for the purposes of deciding that application.".

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PART 3—JUDICIAL REMUNERATION TRIBUNAL ACT 1995

5Reports

For section 13(1) of the Judicial Remuneration Tribunal Act 1995 substitute—

"(1)In the case of a recommendation, the Tribunal may report to the Attorney-General as the Tribunal considers appropriate.".

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PART 4—SUPREME COURT ACT 1986

6Business may be disposed of by judicial registrars if Rules so permit

In section 17AA of the Supreme Court Act 1986, for paragraphs (a) and (b) substitute—

"(a)the matter falls within a particular class of matters and provision is made by the Rules for the Court constituted by a judicial registrar to hear and determine a matter of that class; or

(b)provision is made by the Rules for a Judge or an Associate Judge to refer any matter (whether or not it falls within a particular class of matter) to a judicial registrar for hearing and determination and a Judge or an Associate Judge so refers the matter—

and the Rules provide for the delegation to judicial registrars of all or any powers of the Court in relation to the hearing and determination of such a matter or class of matter.".

7Power to make Rules

(1)For section 25(1)(de) of the Supreme Court Act 1986 substitute—

"(de)the prescription of classes of matters (whether civil or criminal) which may be heard and determined by the Court constituted by a judicial registrar;

(dea)without limiting paragraph (dg), the referral by a Judge or an Associate Judge of any matter (whether civil or criminal and whether or not it falls within a particular class of matter) to the Court constituted by a judicial registrar for hearing and determination;".

(2)In section 25(1)(df) of the Supreme Court Act 1986 for "proceedings prescribed under paragraph (de)" substitute "matters to be heard and determined by judicial registrars in accordance with the Rules".

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PART 5—COUNTY COURT ACT 1958

8Provision for pensions to County Court judges and their partners

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

"(aba)if any judge under this Act was, immediately prior to his or her appointment, the Chief Magistrate and his or her appointment as Chief Magistrate was made on or after 6 March 2001, his or her service as the Chief Magistrate shall count as service in the office of judge under this Act;".

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PART 6—AMENDMENT OF THE TERRORISM (COMMUNITY PROTECTION) ACT 2003

9Review

In section 38(1) and (2) of the Terrorism (Community Protection) Act 2003, for "30 June 2013" substitute "31 December 2013".

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PART 7—REPEAL OF AMENDING ACT

10Repeal of amending Act

This Act is repealed on 1 January 2014.

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

Minister's second reading speech—

Legislative Assembly: 10 October 2012

Legislative Council: 25 October 2012

The long title for the Bill for this Act was "A Bill for an Act to repeal section 134AE of the Accident Compensation Act 1985, to amend the Judicial Remuneration Tribunal Act 1995 regarding reporting periods, to amend rule making powers in the Supreme Court Act 1986, to amend the County Court Act 1958 in relation to recognition of service for pension entitlements, to amend the Terrorism (Community Protection) Act 2003 to extend the date for tabling a report on the operation of that Act and for other purposes."