Untitled document
Courts Legislation Miscellaneous Amendments Act 2010
No. 34 of 2010
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments Relating to Judicial Pension Entitlements
3Provisions for pensions to County Court judges and their
partners
Part 3—Amendments to the Coroners Act 2008—Acting Coroners
4Assignment of magistrates and acting magistrates to be
coroners5Acting coroners
6Statute law revision
Part 4—Amendments Relating to Office of Judicial Registrar
Division 1—Amendments to the Constitution Act 1975 and the Supreme Court Act 1986
7Supreme Court of the State of Victoria
8Divisions of Supreme Court—Constitution Act 1975
9Definitions—Supreme Court Act 1986
10New section 9C inserted
9CTitles of judicial registrars
11Way in which Court of Appeal may be constituted
12New section 17AA inserted
17AABusiness may be disposed of by judicial registrars if Rules so permit
13Restriction on appeals
14New section 17EA inserted
17EAChief Justice may assign judicial registrars to Costs Court
15Costs Judge may direct costs registrars
16New section 17GA inserted
17GAPowers and functions of judicial registrar in Costs
Court
17Review of costs registrar's determination
17HReview of costs registrar's determination by judicial registrar
17HAReview of judicial registrar's determination by Costs Judge
18Judicial resolution conference and protection of conduct
19Power to make Rules
20Professional development and training
21Appointment of Associate Judges
22Functions of Associate Judges
23Functions of Registrar of the Court of Appeal and the Registrar of Criminal Appeals
24New Divisions 2A and 2B of Part 7 inserted
Division 2A—Judicial registrars
113CAssignment of duties
113DGuidelines relating to the appointment of judicial registrars
113ERecommendations for appointment of judicial
registrars113FAppointment by Governor in Council
113GRemuneration and terms and conditions of appointment
113HResignation from office
113ISuspension from office
113JInvestigation of judicial registrar and report
113KRemoval of judicial registrar from office
113LPerformance of duties by judicial registrar
113MReview of decisions of judicial registrar
Division 2B—Registrar of Court of Appeal and Registrar
of Criminal Appeals113NChief Justice may assign judicial registrar to be
Registrar of Court of Appeal and Registrar of
Criminal Appeals113OFunctions of Registrar of the Court of Appeal
113PFunctions of the Registrar of Criminal Appeals
25New sections 149 and 150 inserted
149Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2010
150Regulations dealing with transitional matters—Courts Legislation Miscellaneous Amendments Act 2010
Division 2—Amendments to the Judicial Salaries Act 2004
26Definitions
27Salaries of judicial officer and remuneration of acting
magistrates (2004–2005)
Division 3—Amendments to the County Court Act 1958
28Definitions
29Establishment of the County Court
30Salaries and allowances of the Chief Judge and other judges—statute law revision
31Professional development and training
32Officers of the court
33New Division 3B of Part I inserted
Division 3B—Judicial registrars
17LAssignment of duties
17MGuidelines relating to the appointment of judicial registrars
17NRecommendation for appointment of judicial registrars
17OAppointment by Governor in Council
17PRemuneration and terms and conditions of
appointment17QResignation from office
17RSuspension from office
17SInvestigation of judicial registrar and report
17TRemoval of judicial registrar from office
17UPerformance of duties by judicial registrar
17VReview of decisions of judicial registrar
34Judicial resolution conference and protection of conduct
35Power to make rules of practice
Division 4—Amendments to the Children, Youth and Families Act 2005
36Definitions
37The Children's Court
38Judicial resolution conference and protection of conduct
39New Part 7.6A inserted
Part 7.6A—Judicial Registrars
542AAssignment of duties
542BGuidelines relating to the appointment of judicial registrars
542CRecommendations for appointment of judicial
registrars542DAppointment by Governor in Council
542ERemuneration and terms and conditions of
appointment542FResignation from office
542GSuspension from office
542HInvestigation of judicial registrar and report
542IRemoval of judicial registrar from office
542JPerformance of duties by judicial registrar
542KReview of decisions of judicial registrar
40Rules
Division 5—Amendments to the Coroners Act 2008
41Definitions
42The Coroners Court
43New Division 1A of Part 8 inserted
Division 1A—Judicial registrars
102AAssignment of duties
102BGuidelines relating to the appointment of judicial registrars
102CRecommendations for appointment of judicial
registrars102DAppointment by Governor in Council
102ERemuneration and terms and conditions of
appointment102FResignation from office
102GSuspension from office
102HInvestigation of judicial registrar and report
102IRemoval of judicial registrar from office
102JPerformance of duties by judicial registrar
102KReview of decisions of judicial registrar
44Contempt
45Rules of the Coroners Court
46Professional development and training
Division 6—Consequential amendments
47Extension of time for filing or serving notice of appeal or
notice of application for leave to appeal—Criminal Procedure Act 200948Extension of time for filing or serving notice of appeal or
notice of application for leave to appeal—Crimes (Mental Impairment and Unfitness to be Tried) Act 199749Magistrates' Court Act 1989—judicial resolution conference
Part 5—General
50Statute law revision—Magistrates' Court Act 1989
51Statute law revision—Supreme Court Act 1986
52Repeal of amending Act
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Endnotes
Courts Legislation Miscellaneous Amendments Act 2010
No. 34 of 2010
[Assented to 15 June 2010]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to further provide for certain judicial pension entitlements;
(b)to amend the Coroners Act 2008 in relation to acting coroners;
(c)to provide for the office of judicial registrar in various courts.
2Commencement
(1)Part 1 of this Act comes into operation on the day on which this Act receives the Royal Assent.
(2)Part 3 is deemed to have come into operation on 1 November 2009.
(3)Part 2 and Part 5 of this Act come into operation on the day after the day on which this Act receives the Royal Assent.
(4)Subject to subsection (5), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(5)If a provision of this Act referred to in subsection (4) does not come into operation before 1 January 2011, it comes into operation on that day.
__________________
Part 2—Amendments Relating to Judicial Pension Entitlements
3Provisions for pensions to County Court judges and their partners
In section 14(2)(a)(iii) of the County Court Act 1958 after "subsection (5)(ac)" insert
"or subsection (5)(ad)".
__________________
Part 3—Amendments to the Coroners Act 2008—Acting Coroners
4Assignment of magistrates and acting magistrates to be coroners
In section 93(3) of the Coroners Act 2008 after "acting magistrate" insert "as a coroner".
5Acting coroners
In section 94(5) of the Coroners Act 2008 for "an acting magistrate" substitute "a magistrate".
6Statute law revision
In the Coroners Act 2008—
(a)in section 8, for "circumstances,," substitute "circumstances,";
(b)in section 103(7)(b), after "case of" insert "a";
(c)in section 116(1)(e), for "section 76" substitute "section 73";
(d)in clause 6(b) of Schedule 1, for "34(2)," substitute "34(2)".
__________________
Part 4—Amendments Relating to Office of Judicial Registrar
Division 1—Amendments to the Constitution Act 1975 and the Supreme Court Act 1986
7Supreme Court of the State of Victoria
(1)In section 75(2) of the Constitution Act 1975 for "and the Associate Judges of the Court" substitute ", the Associate Judges of the Court and the judicial registrars of the Court".
(2)After section 75(4) of the Constitution Act 1975 insert—
"(5)The judicial registrars of the Court are the judicial registrars appointed from time to time under Division 2A of Part 7 of the Supreme Court Act 1986.".
8Divisions of Supreme Court—Constitution Act 1975
(1)After section 75A(2A) of the Constitution Act 1975 insert—
"(2B)The Court of Appeal may be constituted by a judicial registrar appointed in accordance with Division 2A of Part 7 of the Supreme Court Act 1986 in the case of a proceeding for which provision is made by the Supreme Court Act 1986 or by rules of court for—
(a)the Court of Appeal to be so constituted; and
(b)the delegation to judicial registrars of powers of the Court of Appeal to hear and determine such a matter or proceeding.".
(2)After section 75A(4) of the Constitution Act 1975 insert—
"(5)The Trial Division may be constituted by a judicial registrar appointed in accordance with Division 2A of Part 7 of the Supreme Court Act 1986 in the case of a proceeding for which provision is made by the Supreme Court Act 1986 or by rules of court for—
(a)the Court or the Trial Division to be so constituted; and
(b)the delegation to judicial registrars of powers of the Court or Trial Division to hear and determine such a matter or proceeding.".
9Definitions—Supreme Court Act 1986
(1)In section 3(1) of the Supreme Court Act 1986 insert the following definition—
"judicial registrar means a person appointed as a judicial registrar of the Court under Division 2A of Part 7;".
(2)In section 3(1) of the Supreme Court Act 1986 in the definition of judicial resolution conference for "or an Associate Judge" substitute ", an Associate Judge or, subject to the Rules, a judicial registrar".
10New section 9C inserted
After section 9B of the Supreme Court Act 1986 insert—
"9C Titles of judicial registrars
Subject to this Act, the Chief Justice, after consultation with the Council of Judges, may determine all matters pertaining to the title of any judicial registrar.".
11Way in which Court of Appeal may be constituted
(1)After section 11(4) of the Supreme Court Act 1986 insert—
"(4A)Subject to this Act, the Rules may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of applications or proceedings be exercised by a judicial registrar if—
(a)the matter is a kind of proceeding for which provision is made by the Rules for the Court of Appeal to be constituted by a judicial registrar; and
(b)the Rules provide for the delegation to judicial registrars of powers of the Court of Appeal to hear and determine such a matter or proceeding.".
(2)In section 11(5) of the Supreme Court Act 1986 after "Associate Judge" insert "or a judicial registrar".
(3)After section 11(7) of the Supreme Court Act 1986 insert—
"(8)Subject to subsection (5), a judgment, order or direction given or made by a judicial registrar when exercising the jurisdiction and powers of the Court of Appeal has effect as a judgment, order or direction of the Court of Appeal.".
12New section 17AA inserted
After section 17 of the Supreme Court Act 1986 insert—
"17AA Business may be disposed of by judicial registrars if Rules so permit
Without limiting section 17, the Trial Division of the Court constituted by a judicial registrar may hear and determine any matter, whether civil or criminal, if—
(a)the matter is a kind of proceeding for which provision is made by the Rules for the Court to be constituted by a judicial registrar; and
(b)the Rules provide for the delegation to judicial registrars of powers of the Court to hear and determine such a matter or proceeding.".
13Restriction on appeals
(1)In section 17A(2) of the Supreme Court Act 1986 for "An order" substitute "Subject to subsection (2A), an order".
(2)After section 17A(2) of the Supreme Court Act 1986 insert—
"(2A)Subsection (2) does not apply in respect of an order made by the Trial Division constituted by a judicial registrar.
Note
See section 113M.".
14New section 17EA inserted
After section 17E of the Supreme Court Act 1986 insert—
"17EA Chief Justice may assign judicial registrars to Costs Court
The Chief Justice may assign one or more judicial registrars to the Costs Court if the operational requirements of the Costs Court so require.".
15Costs Judge may direct costs registrars
(1)In the heading to section 17F of the Supreme Court Act 1986 after "direct" insert "judicial registrars and".
(2)In section 17F of the Supreme Court Act 1986—
(a)in paragraph (a) after "by a" insert "judicial registrar or a";
(b)in paragraph (b) after "by" insert "judicial registrars or".
16New section 17GA inserted
After section 17G of the Supreme Court Act 1986 insert—
"17GA Powers and functions of judicial registrar in Costs Court
(1)Subject to the Rules and the general direction and control of a Costs Judge, a judicial registrar may—
(a)assess, settle, tax or review costs in accordance with directions under section 17F and the Rules; and
(b)exercise the powers of the Costs Court conferred on a judicial registrar by or under this Act or any other Act or by the Rules.
(2)Subject to sections 17H and 17J, a determination made by a judicial registrar in the Costs Court—
(a)has effect as a judgment, an order or a direction (as the case requires) of the Costs Court; and
(b)may be enforced accordingly.".
17Review of costs registrar's determination
For section 17H of the Supreme Court Act 1986 substitute—
"17H Review of costs registrar's determination by judicial registrar
(1)Subject to the Rules, a party who objects to a determination made by a costs registrar in accordance with this Division may apply to the Costs Court constituted by a judicial registrar for a review of that determination.
(2)An application for review under subsection (1) is to be made—
(a)within the time period allowed by the Rules; and
(b)otherwise in accordance with the Rules.
(3)The Costs Court constituted by a judicial registrar or by a Costs Judge, on its own motion, may review a determination of a costs registrar made in accordance with this Division.
(4)A review under subsection (3) is to be made—
(a)within the time period allowed by the Rules; and
(b)otherwise in accordance with the Rules.
(5)A review under this section is to be heard and determined in accordance with the Rules.
(6)Unless the Costs Court otherwise orders, a review of a costs registrar's determination under this section does not operate as—
(a)a stay of execution; or
(b)a stay of the proceedings under the determination of the costs registrar to which the review relates.
17HAReview of judicial registrar's determination by Costs Judge
(1)Subject to the Rules, a party who objects to a determination made by a judicial registrar in accordance with this Division (including a review under section 17H) may apply to the Costs Court constituted by a Costs Judge for a review of that determination.
(2)An application for review under subsection (1) is to be made—
(a)within the time period allowed by the Rules; and
(b)otherwise in accordance with the Rules.
(3)The Costs Court constituted by a Costs Judge, on its own motion, may review a determination of a judicial registrar made in accordance with this Division.
(4)A review under subsection (3) is to be made—
(a)within the time period allowed by the Rules; and
(b)otherwise in accordance with the Rules.
(5)A review under this section is to be heard and determined in accordance with the Rules.
(6)Unless the Costs Court otherwise orders, a review of a judicial registrar's determination under this section does not operate as—
(a)a stay of execution; or
(b)a stay of the proceedings under the determination of the judicial registrar to which the review relates.".
18Judicial resolution conference and protection of conduct
(1)In section 24B(2) of the Supreme Court Act 1986 for "or an Associate Judge" substitute
", an Associate Judge or a judicial registrar".
(2)In section 24C of the Supreme Court Act 1986 for "or an Associate Judge" substitute
", an Associate Judge or a judicial registrar".
19Power to make Rules
(1)After section 25(1)(cb) of the Supreme Court Act 1986 insert—
"(cc)appeals by way of rehearing or otherwise from the Court constituted by a judicial registrar—
(i)to the Court of Appeal; or
(ii)to the Trial Division constituted by a Judge of the Court or by an Associate Judge;".
(2)In section 25(1) of the Supreme Court Act 1986—
(a)in paragraph (db) after "costs registrars", where twice occurring, insert "or judicial registrars";
(b)in paragraph (dc) after "costs registrar" insert "or a judicial registrar";
(c)in paragraph (dd) omit ", whether constituted by a Costs Judge or by a costs registrar".
(3)After section 25(1)(dd) of the Supreme Court Act 1986 insert—
"(de)the prescription of the proceedings (whether civil or criminal) or class of proceedings (whether civil or criminal) which may be dealt with by the Court constituted by a judicial registrar;
(df)delegating to judicial registrars all or any of the powers of the Court specified by the Rules in relation to proceedings prescribed under paragraph (de), including, but not limited to, the exercise by judicial registrars of the jurisdiction of the Court;
(dg)the transfer or referral of matters between the Court constituted by a judicial registrar and the Court constituted by a Judge of the Court or by an Associate Judge;
(dh)reviews of, and appeals from, the Court constituted by a judicial registrar or a costs registrar;".
(4)In section 25(1A)(a) of the Supreme Court Act 1986—
(a)after "Associate Judge" insert ", a judicial registrar";
(b)after "class of judge" insert ", class of judicial registrar".
20Professional development and training
In section 28A(1) of the Supreme Court Act 1986 in the definition of judicial officer for paragraph (b) substitute—
"(b)an Associate Judge; or
(c)a judicial registrar.".
21Appointment of Associate Judges
In section 104 of the Supreme Court Act 1986—
(a)subsection (2)(a) for "Master; and" substitute "Master.";
(b)subsections (2)(b), (3) and (4) are repealed;
(c)in subsection (8) omit "or the Registrar of the Court of Appeal".
22Functions of Associate Judges
At the end of section 111 of the Supreme Court Act 1986 insert—
"(2)Any Associate Judge may carry out the duties and functions of the Registrar of the Court of Appeal or the Registrar of Criminal Appeals—
(a)if the person assigned to those duties is absent or temporarily unable to perform those duties; or
(b)for the purposes of the effective conduct of the general business of the Court.".
23Functions of Registrar of the Court of Appeal and the Registrar of Criminal Appeals
(1)Section 111A of the Supreme Court Act 1986 is repealed.
(2)Section 112 of the Supreme Court Act 1986 is repealed.
24New Divisions 2A and 2B of Part 7 inserted
After Division 2 of Part 7 of the Supreme Court Act 1986 insert—
"Division 2A—Judicial registrars
113CAssignment of duties
(1)The Chief Justice may assign duties to a judicial registrar.
(2)A judicial registrar must—
(a)carry out the duties that are from time to time assigned to him or her by the Chief Justice; and
(b)subject to sections 11(4A) and 17AA, perform the duties and exercise the powers and authorities imposed or conferred on him or her by or under this Act or any other Act or by the Rules.
Note
See also sections 75A(2B) and 75A(5) of the Constitution Act 1975.
(3)The Chief Justice has responsibility for the administration of the business of the judicial registrars and the orderly and expeditious exercise of their functions and powers.
113DGuidelines relating to the appointment of judicial registrars
(1)The Chief Justice, in consultation with the Attorney-General, may—
(a)prepare guidelines relating to the appointment of judicial registrars of the Court; and
(b)from time to time amend or revoke any guidelines prepared under paragraph (a).
(2)As soon as practicable after preparing, amending or revoking any guidelines under subsection (1), the Chief Justice must cause a copy of the guidelines or the amendment or notice of the revocation (as the case requires) to be given to the Attorney-General.
113ERecommendations for appointment of judicial registrars
(1)The Chief Justice may, at any time, recommend to the Attorney-General that a judicial registrar, or more than one judicial registrar, of the Court be appointed by the Governor in Council.
(2)In making a recommendation under subsection (1), the Chief Justice must have regard to any guidelines in force under section 113D(1).
(3)On receiving a recommendation under subsection (1), the Attorney-General may recommend to the Governor in Council that a judicial registrar, or more than one judicial registrar, of the Court be appointed under section 113F.
113FAppointment by Governor in Council
(1)On the recommendation of the Attorney-General under section 113E, the Governor in Council may appoint a person as a judicial registrar of the Court for the period, not exceeding 5 years, specified in his or her instrument of appointment.
(2)A person is not eligible for appointment as a judicial registrar unless he or she—
(a)is either—
(i)an Australian lawyer within the meaning of the Legal Profession Act 2004; or
(ii)enrolled as a legal practitioner of the High Court of Australia; and
(b)has been admitted to legal practice in Victoria or another State or a Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.
(3)A judicial registrar may be appointed on a full-time or part-time basis.
(4)A judicial registrar, although not appointed on a part-time basis, may, by agreement in writing entered into with the Chief Justice, undertake the duties of a judicial registrar on a part-time basis.
(5)A judicial registrar is eligible for re‑appointment.
(6)The Public Administration Act 2004 does not apply to a judicial registrar in respect of the office of judicial registrar.
113GRemuneration and terms and conditions of appointment
(1)A judicial registrar is entitled to receive the remuneration and allowances that are fixed in respect of him or her from time to time by the Governor in Council.
(2)The remuneration of a judicial registrar is to be paid out of the Consolidated Fund, which is hereby appropriated to the necessary extent.
(3)Except with the approval of the Attorney-General, a judicial registrar must not—
(a)engage in legal practice; or
(b)undertake paid employment; or
(c)conduct a business, trade or profession of any kind.
(4)A judicial registrar must disclose to the Chief Justice in writing any direct or indirect pecuniary interest that he or she has or acquires that could conflict with the proper performance of the duties of the office of judicial registrar.
(5)Despite any provision to the contrary made by or under any other Act, a person who has held the office of judicial registrar is entitled to have his or her service in that office taken into account in computing the period of service which entitles public officials (within the meaning of the Public Administration Act 2004) to be granted long service leave or other leave entitlements, whether his or her service in the office of judicial registrar is before or after any period of service as such a public official.
113HResignation from office
A judicial registrar may resign from office by delivering to the Governor a signed letter of resignation.
113ISuspension from office
(1)The Chief Justice, with the approval of the Attorney-General, may suspend a judicial registrar from office, if the Chief Justice believes that there may be grounds for removal of the judicial registrar from office.
(2)A judicial registrar who is suspended under this section remains entitled to his or her remuneration and allowances as judicial registrar during the period of suspension.
113JInvestigation of judicial registrar and report
(1)As soon as practicable after the Chief Justice suspends a judicial registrar from office under section 113I, the Attorney-General must appoint a person nominated by the Chief Justice to undertake an investigation into the judicial registrar's conduct.
(2)A person appointed under subsection (1) must—
(a)investigate the judicial registrar's conduct; and
(b)report to the Attorney-General on the investigation; and
(c)give a copy of the report to the judicial registrar and the Chief Justice.
(3)A report under subsection (2)(b) may include a recommendation that the judicial registrar be removed from office.
(4)After receiving a report under subsection (2)(b) recommending removal, the Attorney-General, after consulting the Chief Justice, may recommend to the Governor in Council that the judicial registrar be removed from office.
(5)The person who conducted the investigation and the Attorney-General may only recommend that a judicial registrar be removed on the ground of proved misbehaviour or incapacity.
(6)The Attorney-General must not make a recommendation under subsection (4) unless the judicial registrar has been given a reasonable opportunity to make written and oral submissions to the person who conducted the investigation and the Chief Justice.
(7)In making a recommendation under subsection (4), the Attorney-General is entitled to rely on any findings contained in the report under subsection (2).
(8)If the Attorney-General decides not to make a recommendation under subsection (4)—
(a)the Attorney-General must inform the Chief Justice as soon as practicable after receiving the report under subsection (2)(b); and
(b)the Chief Justice must lift the suspension.
113KRemoval of judicial registrar from office
The Governor in Council may remove a judicial registrar from office on the recommendation of the Attorney-General under section 113J but not otherwise.
113LPerformance of duties by judicial registrar
(1)A judicial registrar—
(a)must not hear, or continue to hear, a proceeding (whether civil or criminal) that the judicial registrar considers for any reason inappropriate for hearing and determination by the Court constituted by a judicial registrar; and
(b)must make appropriate arrangements for the proceeding to be heard and determined by the Court constituted by a Judge of the Court or an Associate Judge.
(2)Subject to Division 2B of Part 2, section 113C and Division 2B, in the performance of his or her duties as a judicial registrar, a judicial registrar is not subject to the direction or control of any person or body.
(3)In the performance of his or her duties as a judicial registrar, a judicial registrar has the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge.
113MReview of decisions of judicial registrar
(1)Subject to this Act and the Rules, the Court of Appeal constituted by a Judge of Appeal or by an Associate Judge may direct that the hearing and determination of a proceeding (whether civil or criminal) by the Court of Appeal constituted by a judicial registrar be reviewed by the Court of Appeal constituted by a Judge of Appeal or by an Associate Judge.
(2)Subject to this Act and the Rules, the Trial Division constituted by a Judge of the Court or by an Associate Judge may direct that the hearing and determination of a proceeding (whether civil or criminal) by the Trial Division constituted by a judicial registrar be reviewed by the Trial Division constituted by a Judge of the Court or by an Associate Judge.
(3)A direction may be given under subsection (1) or (2)—
(a)at the request of a party to the proceeding; or
(b)by the Court of its own motion.
(4)A review under this section is to be conducted as a hearing de novo.
(5)This section does not apply to a determination of the Costs Court constituted by a judicial registrar under Division 2B of Part 2 which is to be dealt with in accordance with section 17HA and the Rules.
Division 2B—Registrar of Court of Appeal and Registrar of Criminal Appeals
113NChief Justice may assign judicial registrar to be Registrar of Court of Appeal and Registrar of Criminal Appeals
The Chief Justice may assign a judicial registrar to the duties of—
(a)the Registrar of Court of Appeal and Registrar of Criminal Appeals concurrently; or
(b)the Registrar of Court of Appeal; or
(c)the Registrar of Criminal Appeals.
113OFunctions of Registrar of the Court of Appeal
Subject to section 113C(3), the Registrar of the Court of Appeal is, subject to the general direction and control of the President and to the Rules, responsible for—
(a)the preliminary examination of all applications and appeals made to the Court of Appeal, including all applications made to the Court of Appeal under Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 and the Rules;
(b)taking any action he or she is authorised or required by the President or the Rules to take to ensure the efficient and expeditious despatch of those applications and appeals to the Court of Appeal;
(c)subject to section 11(4A), performing other duties and exercising other powers and authorities that are imposed or conferred on him or her by the President, this Act or any other Act or the Rules.
113PFunctions of the Registrar of Criminal Appeals
Subject to section 113C(3), the Registrar of Criminal Appeals is, subject to the general direction and control of the President and to the Rules, responsible for—
(a)the preliminary examination of all applications made to the Court of Appeal under Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 and the Rules relating to criminal proceedings;
(b)taking any action he or she is authorised or required by the President or the Rules to take to ensure the efficient and expeditious despatch of those applications to the Court of Appeal;
(c)subject to section 11(4A), performing other duties and exercising other powers and authorities that are imposed or conferred on him or her by the President or by this Act or any other Act or the Rules.".
25New sections 149 and 150 inserted
After section 148 of the Supreme Court Act 1986 insert—
"149 Transitional provisions—Courts Legislation Miscellaneous Amendments Act 2010
(1)The repeal of section 104(2)(b) by section 21 of the Courts Legislation Miscellaneous Amendments Act 2010 does not affect any salary, other remuneration, allowances or pension entitlements of any person who was appointed to the office of Registrar of the Court of Appeal or appointed to the office of Registrar of Criminal Appeals before that repeal.
(2)Nothing in section 21 of the CourtsLegislation Miscellaneous Amendments Act 2010 affects the pension entitlements of any Master or Associate Judge appointed to the office of Registrar of the Court of Appeal or to the office of Registrar of Criminal Appeals who resigned, retired or died before the commencement of that section of that Act or the spouse or partner or eligible child of such a person and—
(a)subject to paragraph (b), those entitlements continue in existence as if section 104(2)(b) had not been repealed;
(b)a reference in section 104A to the annual salary for the time being applicable or payable in respect of an office held immediately before retirement or at the date of death, resignation or retirement is, in relation to a Master or an Associate Judge appointed to the office of Registrar of the Court of Appeal or to the office of Registrar of Criminal Appeals who resigned, retired or died before the commencement of section 21 of the Courts Legislation Miscellaneous Amendments Act 2010 or the spouse or partner or eligible child of such a person, a reference to the annual salary for the time being payable under section 83A(1) of the Constitution Act 1975 in respect of the office of Registrar of the Court of Appeal or the office of Registrar of Criminal Appeals, as the case requires, as referred to in the Judicial Salaries Act 2004.
150Regulations dealing with transitional matters—Courts Legislation Miscellaneous Amendments Act 2010
(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Courts Legislation Miscellaneous Amendments Act 2010 (including the repeals and amendments made by that Act).
(2)Regulations made under this section may—
(a)have a retrospective effect to a day on or from the date that the Courts Legislation Miscellaneous Amendments Act 2010 receives the Royal Assent; and
(b)be of limited or general application; and
(c)leave any matter or thing to be decided by a specified person or class of person; and
(d)provide for the exemption of persons or proceedings or a class of persons or class of proceedings from any of the regulations made under this section.
(3)Regulations under this section have effect despite anything to the contrary in—
(a)any Act (other than this Act, the Charter of Human Rights and Responsibilities Act 2006 or the Courts Legislation Miscellaneous Amendments Act 2010); or
(b)any subordinate instrument.".
Division 2—Amendments to the Judicial Salaries Act 2004
26Definitions
After section 3(2) of the Judicial Salaries Act 2004 insert—
"(2A)Without limiting subsection (2), on and from the commencement of section 21 of the Courts Legislation Miscellaneous Amendments Act 2010 if an Associate Judge carries out the duties of the Registrar of the Court of Appeal or the Registrar of Criminal Appeals only because of section 111(2) of the Supreme Court Act 1986—
(a)this Act does not apply in relation to the office of Registrar of the Court of Appeal, or the office of Registrar of Criminal Appeals; and
(b)that office is not a judicial office for the purposes of this Act.
(2B)For the avoidance of doubt, on and from the commencement of section 21 of the Courts Legislation Miscellaneous Amendments Act 2010, if the holder of the office of Registrar of the Court of Appeal, or of the office of Registrar of Criminal Appeals, is a judicial registrar within the meaning of the Supreme Court Act 1986—
(a)this Act does not apply in relation to the office of Registrar of the Court of Appeal, or the office of Registrar of Criminal Appeals; and
(b)that office is not a judicial office for the purposes of this Act.".
27Salaries of judicial officer and remuneration of acting magistrates (2004–2005)
In the Table in section 4(1) of the Judicial Salaries Act 2004, in column 1 before "Registrar of the Court of Appeal" insert "Master or Associate Judge who is".
Division 3—Amendments to the County Court Act 1958
28Definitions
(1)In section 3(1) of the County Court Act 1958, insert the following definition—
"judicial registrar means a judicial registrar of the County Court appointed under Division 3B of Part I;".
(2)In section 3(1) of the County Court Act 1958 in the definition of judicial resolution conference for "or an associate judge" substitute ", an associate judge or, subject to the Rules, a judicial registrar".
29Establishment of the County Court
(1)In section 4(1A) of the County Court Act 1958, after "associate judges of the court" insert
", the judicial registrars of the court".
(2)After section 4(1B) of the County Court Act 1958 insert—
"(1C)Without limiting subsection (1B), the court may be constituted by a judicial registrar in the case of a proceeding for which provision is made by Rules for—
(a)the court to be so constituted; and
(b)the delegation to judicial registrars of powers of the court to hear and determine such a matter or proceeding.".
30Salaries and allowances of the Chief Judge and other judges—statute law revision
In section 10(10) of the County Court Act 1958, for "sbsection" substitute "subsection".
31Professional development and training
In section 17AAA(1) of the County Court Act 1958, in the definition of judicial officer, for paragraph (b) substitute—
"(b)an associate judge; or
(c)a judicial registrar.".
32Officers of the court
In section 40 of the County Court Act 1958, after "Division 2," insert "judicial registrars,".
33New Division 3B of Part I inserted
After Division 3A of Part I of the County Court Act 1958 insert—
"Division 3B—Judicial registrars
17LAssignment of duties
(1)The Chief Judge may assign duties to a judicial registrar.
(2)A judicial registrar must—
(a)carry out the duties that are from time to time assigned to him or her by the Chief Judge; and
(b)subject to section 4(1C), perform the duties and exercise the powers and authorities imposed or conferred on him or her by or under this Act or any other Act or by the Rules.
17MGuidelines relating to the appointment of judicial registrars
(1)The Chief Judge, in consultation with the Attorney-General may—
(a)prepare guidelines relating to the appointment of judicial registrars of the court; and
(b)from time to time amend or revoke any guidelines prepared under paragraph (a).
(2)As soon as practicable after preparing, amending or revoking any guidelines under subsection (1), the Chief Judge must cause a copy of the guidelines or the amendment or notice of the revocation (as the case requires) to be given to the Attorney-General.
17NRecommendation for appointment of judicial registrars
(1)The Chief Judge may, at any time, recommend to the Attorney-General that a judicial registrar, or more than one judicial registrar, of the court be appointed by the Governor in Council.
(2)In making a recommendation under subsection (1), the Chief Judge must have regard to any guidelines in force under section 17M(1).
(3)On receiving a recommendation under subsection (1), the Attorney-General may recommend to the Governor in Council that a judicial registrar, or more than one judicial registrar, of the court be appointed under section 17O.
17OAppointment by Governor in Council
(1)On the recommendation of the Attorney-General under section 17N, the Governor in Council may appoint a person as a judicial registrar of the court for the period, not exceeding 5 years, specified in his or her instrument of appointment.
(2)A person is not eligible for appointment as a judicial registrar unless he or she—
(a)is either—
(i)an Australian lawyer; or
(ii)enrolled as a legal practitioner of the High Court of Australia; and
(b)has been admitted to legal practice in Victoria or another State or a Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.
(3)A judicial registrar may be appointed on a full-time or part-time basis.
(4)A judicial registrar, although not appointed on a part-time basis, may, by agreement in writing entered into with the Chief Judge, undertake the duties of a judicial registrar on a part-time basis.
(5)A judicial registrar is eligible for re‑appointment.
(6)The Public Administration Act 2004 does not apply to a judicial registrar in respect of the office of judicial registrar.
17PRemuneration and terms and conditions of appointment
(1)A judicial registrar is entitled to receive the remuneration and allowances that are fixed in respect of him or her from time to time by the Governor in Council.
(2)The remuneration of a judicial registrar is to be paid out of the Consolidated Fund, which is hereby appropriated to the necessary extent.
(3)Except with the approval of the Attorney-General, a judicial registrar must not—
(a)engage in legal practice; or
(b)undertake paid employment; or
(c)conduct a business, trade or profession of any kind.
(4)A judicial registrar must disclose to the Chief Judge in writing any direct or indirect pecuniary interest that he or she has or acquires that could conflict with the proper performance of the duties of the office of judicial registrar.
(5)Despite any provision to the contrary made by or under any other Act, a person who has held the office of judicial registrar is entitled to have his or her service in that office taken into account in computing the period of service which entitles public officials (within the meaning of the Public Administration Act 2004) to be granted long service leave or other leave entitlements, whether his or her service in the office of judicial registrar is before or after any period of service as such a public official.
17QResignation from office
A judicial registrar may resign from office by delivering to the Governor a signed letter of resignation.
17RSuspension from office
(1)The Chief Judge, with the approval of the Attorney-General, may suspend a judicial registrar from office, if the Chief Judge believes that there may be grounds for removal of the judicial registrar from office.
(2)A judicial registrar who is suspended under this section remains entitled to his or her remuneration and allowances as judicial registrar during the period of suspension.
17SInvestigation of judicial registrar and report
(1)As soon as practicable after the Chief Judge suspends a judicial registrar from office under section 17R, the Attorney-General must appoint a person nominated by the Chief Judge to undertake an investigation into the judicial registrar's conduct.
(2)A person appointed under subsection (1) must—
(a)investigate the judicial registrar's conduct; and
(b)report to the Attorney-General on the investigation; and
(c)give a copy of the report to the judicial registrar and the Chief Judge.
(3)A report under subsection (2)(b) may include a recommendation that the judicial registrar be removed from office.
(4)After receiving a report under subsection (2)(b) recommending removal, the Attorney-General, after consulting the Chief Judge, may recommend to the Governor in Council that the judicial registrar be removed from office.
(5)The person who conducted the investigation and the Attorney-General may only recommend that a judicial registrar be removed on the ground of proved misbehaviour or incapacity.
(6)The Attorney-General must not make a recommendation under subsection (4) unless the judicial registrar has been given a reasonable opportunity to make written and oral submissions to the person who conducted the investigation and the Chief Judge.
(7)In making a recommendation under subsection (4), the Attorney-General is entitled to rely on any findings contained in the report under subsection (2).
(8)If the Attorney-General decides not to make a recommendation under subsection (4)—
(a)the Attorney-General must inform the Chief Judge as soon as practicable after receiving the report under subsection (2)(b); and
(b)the Chief Judge must lift the suspension.
17TRemoval of judicial registrar from office
The Governor in Council may remove a judicial registrar from office on the recommendation of the Attorney-General under section 17S but not otherwise.
17UPerformance of duties by judicial registrar
(1)A judicial registrar—
(a)must not hear, or continue to hear, a proceeding that the judicial registrar considers for any reason inappropriate for hearing and determination by the court constituted by a judicial registrar; and
(b)must make appropriate arrangements for the proceeding to be heard and determined by the court constituted by a judge or an associate judge.
(2)Subject to this Act and the Rules, a judicial registrar, in the performance of his or her duties as judicial registrar, is not subject to the direction or control of any person or body.
(3)In the performance of his or her duties as a judicial registrar, a judicial registrar has the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.
17VReview of decisions of judicial registrar
(1)The court constituted by a judge or an associate judge may direct that the hearing and determination of a proceeding by the court constituted by a judicial registrar be reviewed by the court constituted by a judge or an associate judge.
(2)A direction may be given under subsection (1)—
(a)at the request of a party to the proceeding; or
(b)by the court of its own motion.
(3)A review under this section is to be conducted as a hearing de novo.".
34Judicial resolution conference and protection of conduct
(1)In section 41(2) of the County Court Act 1958 for "or an associate judge" substitute
", an associate judge or a judicial registrar".
(2)In section 42 of the County Court Act 1958 for "or an associate judge" substitute ", an associate judge or a judicial registrar".
35Power to make rules of practice
After section 78(1)(fa) of the County Court Act 1958 insert—
"(fb)the prescription of the proceedings or class of proceedings which may be dealt with by the court constituted by a judicial registrar;
(fc)delegating to the judicial registrars all or any of the powers of the court specified by the Rules in relation to proceedings prescribed under paragraph (fb), including, but not limited to, the exercise by judicial registrars of the jurisdiction of the court other than the power to impose a sentence of imprisonment;
(fd)the transfer or referral of matters between the court constituted by a judicial registrar and the court constituted by a judge or an associate judge;
(fe)reviews of, and appeals from, the court constituted by a judicial registrar;".
Division 4—Amendments to the Children, Youth and Families Act 2005
36Definitions
(1)In section 3(1) of the Children, Youth and Families Act 2005, insert the following definition—
"judicial registrar means a judicial registrar of the Court appointed under Part 7.6A;".
(2)In section 3(1) of the Children, Youth and Families Act 2005—
(a)in the definition of court official after paragraph (c) insert—
"(ca)a judicial registrar; or";
(b)in the definition of judicial resolution conference after "magistrate" insert "or a judicial registrar".
37The Children's Court
(1)In section 504(2) of the Children, Youth and Families Act 2005, after "the magistrates" insert ", the judicial registrars".
(2)After section 504(7) of the Children, Youth and Families Act 2005 insert—
"(8)Without limiting subsection (7), the Court may be constituted by a judicial registrar in the case of any proceeding for which provision is made by rules of court for—
(a)the court to be so constituted; and
(b)the delegation to judicial registrars of powers of the court to hear and determine such a matter or proceeding.".
38Judicial resolution conference and protection of conduct
(1)In section 527A(2) of the Children, Youth and Families Act 2005 for "or a magistrate" substitute ", a magistrate or a judicial registrar".
(2)In section 527B of the Children, Youth and Families Act 2005 for "or a magistrate" substitute ", a magistrate or a judicial registrar".
39New Part 7.6A inserted
After Part 7.6 of the Children, Youth and Families Act 2005 insert—
"Part 7.6A—Judicial Registrars
542AAssignment of duties
(1)The President may assign duties to a judicial registrar.
(2)A judicial registrar must—
(a)carry out the duties that are from time to time assigned to him or her by the President; and
(b)subject to section 504(8), perform the duties and exercise the powers and authorities imposed or conferred on him or her by or under this Act or any other Act or by the rules of court.
542BGuidelines relating to the appointment of judicial registrars
(1)The President, in consultation with the Attorney-General may—
(a)prepare guidelines relating to the appointment of judicial registrars of the Court; and
(b)from time to time amend or revoke any guidelines prepared under paragraph (a).
(2)As soon as practicable after preparing, amending or revoking any guidelines under subsection (1), the President must cause a copy of the guidelines or the amendment or notice of the revocation (as the case requires) to be given to the Attorney-General.
542CRecommendations for appointment of judicial registrars
(1)The President may, at any time, recommend to the Attorney-General that a judicial registrar, or more than one judicial registrar, of the Court be appointed by the Governor in Council.
(2)In making a recommendation under subsection (1), the President must have regard to any guidelines in force under section 542B(1).
(3)On receiving a recommendation under subsection (1), the Attorney-General may recommend to the Governor in Council that a judicial registrar, or more than one judicial registrar, of the Court be appointed under section 542D.
542DAppointment by Governor in Council
(1)On the recommendation of the Attorney-General under section 542C, the Governor in Council may appoint a person as a judicial registrar of the Court for the period, not exceeding 5 years, specified in his or her instrument of appointment.
(2)A person is not eligible for appointment as a judicial registrar unless he or she—
(a)is either—
(i)an Australian lawyer within the meaning of the Legal Profession Act 2004; or
(ii)enrolled as a legal practitioner of the High Court of Australia; and
(b)has been admitted to legal practice in Victoria or another State or a Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.
(3)A judicial registrar may be appointed on a full-time or part-time basis.
(4)A judicial registrar, although not appointed on a part-time basis, may, by agreement in writing entered into with the President, undertake the duties of a judicial registrar on a part-time basis.
(5)A judicial registrar is eligible for re‑appointment.
(6)The Public Administration Act 2004 does not apply to a judicial registrar in respect of the office of judicial registrar.
542ERemuneration and terms and conditions of appointment
(1)A judicial registrar is entitled to receive the remuneration and allowances that are fixed in respect of him or her from time to time by the Governor in Council.
(2)The remuneration of a judicial registrar is to be paid out of the Consolidated Fund, which is hereby appropriated to the necessary extent.
(3)Except with the approval of the Attorney-General, a judicial registrar must not—
(a)engage in legal practice; or
(b)undertake paid employment; or
(c)conduct a business, trade or profession of any kind.
(4)A judicial registrar must disclose to the President in writing any direct or indirect pecuniary interest that he or she has or acquires that could conflict with the proper performance of the duties of the office of judicial registrar.
(5)Despite any provision to the contrary made by or under any other Act, a person who has held the office of judicial registrar is entitled to have his or her service in that office taken into account in computing the period of service which entitles public officials (within the meaning of the Public Administration Act 2004) to be granted long service leave or other leave entitlements, whether his or her service in the office of judicial registrar is before or after any period of service as such a public official.
542FResignation from office
A judicial registrar may resign from office by delivering to the Governor a signed letter of resignation.
542GSuspension from office
(1)The President, with the approval of the Attorney-General, may suspend a judicial registrar from office, if the President believes that there may be grounds for removal of the judicial registrar from office.
(2)A judicial registrar who is suspended under this section remains entitled to his or her remuneration and allowances as judicial registrar during the period of suspension.
542HInvestigation of judicial registrar and report
(1)As soon as practicable after the President suspends a judicial registrar from office under section 542G, the Attorney-General must appoint a person nominated by the President to undertake an investigation into the judicial registrar's conduct.
(2)A person appointed under subsection (1) must—
(a)investigate the judicial registrar's conduct; and
(b)report to the Attorney-General on the investigation; and
(c)give a copy of the report to the judicial registrar and the President.
(3)A report under subsection (2)(b) may include a recommendation that the judicial registrar be removed from office.
(4)After receiving a report under subsection (2)(b) recommending removal, the Attorney-General, after consulting the President, may recommend to the Governor in Council that the judicial registrar be removed from office.
(5)The person who conducted the investigation and the Attorney-General may only recommend that a judicial registrar be removed on the ground of proved misbehaviour or incapacity.
(6)The Attorney-General must not make a recommendation under subsection (4) unless the judicial registrar has been given a reasonable opportunity to make written and oral submissions to the person who conducted the investigation and the President.
(7)In making a recommendation under subsection (4), the Attorney-General is entitled to rely on any findings contained in the report under subsection (2).
(8)If the Attorney-General decides not to make a recommendation under subsection (4)—
(a)the Attorney-General must inform the President as soon as practicable after receiving the report under subsection (2)(b); and
(b)the President must lift the suspension.
542IRemoval of judicial registrar from office
The Governor in Council may remove a judicial registrar from office on the recommendation of the Attorney-General under section 542H but not otherwise.
542JPerformance of duties by judicial registrar
(1)A judicial registrar—
(a)must not hear, or continue to hear, a proceeding that the judicial registrar considers for any reason inappropriate for hearing and determination by the Court constituted by a judicial registrar; and
(b)must make appropriate arrangements for the proceeding to be heard and determined by the Court constituted by a magistrate.
(2)Subject to this Act and the rules of court, in the performance of his or her duties as a judicial registrar, a judicial registrar is not subject to the direction or control of any person or body.
(3)In the performance of his or her duties as a judicial registrar, a judicial registrar has the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.
542KReview of decisions of judicial registrar
(1)The Court constituted by a magistrate may direct that the hearing and determination of a proceeding by the Court constituted by a judicial registrar be reviewed by the Court constituted by a magistrate.
(2)A direction may be given under subsection (1)—
(a)at the request of a party to the proceeding; or
(b)by the Court of its own motion.
(3)A review under this section is to be conducted as a hearing de novo.
__________________".
40Rules
After section 588(1A) of the Children, Youth and Families Act 2005 insert—
"(1B)The President together with 2 or more magistrates may jointly make rules of court for or with respect to—
(a)the prescription of the proceedings or class of proceedings which may be dealt with by the Court constituted by a judicial registrar;
(b)delegating to the judicial registrars all or any of the powers of the Court specified by the rules of court in relation to proceedings prescribed under paragraph (a), including, but not limited to, the exercise by judicial registrars of the jurisdiction of the Court other than the power—
(i)to impose a sentence of detention in a youth justice centre or youth residential centre; or
(ii)to make a youth attendance order;
(c)the transfer or referral of proceedings between the Court constituted by a judicial registrar and the Court constituted by a magistrate of the Court;
(d)reviews of, and appeals from, the Court constituted by a judicial registrar.
__________________".
Division 5—Amendments to the Coroners Act 2008
41Definitions
In section 3(1) of the Coroners Act 2008 insert the following definition—
"judicial registrar means a judicial registrar of the Coroners Court appointed under Division 1A of Part 8;".
42The Coroners Court
(1)In section 89(2) of the Coroners Act 2008, for "and registrars" substitute ", judicial registrars and registrars".
(2)After section 89(3) of the Coroners Act 2008 insert—
"(3A)Without limiting subsection (3), the Coroners Court may be constituted by a judicial registrar in the case of any matter for which provision is made by rules of the Coroners Court for—
(a)the Coroners Court to be so constituted; and
(b)the delegation to judicial registrars of powers of the Coroners Court to hear and determine such matters.".
43New Division 1A of Part 8 inserted
After Division 1 of Part 8 of the Coroners Act 2008 insert—
"Division 1A—Judicial registrars
102AAssignment of duties
(1)The State Coroner or Deputy State Coroner may assign duties to a judicial registrar.
(2)A judicial registrar must—
(a)carry out the duties that are from time to time assigned to him or her by the State Coroner or the Deputy State Coroner, as the case requires; and
(b)subject to section 89(3A), perform the duties and exercise the powers and authorities imposed or conferred on him or her by or under this Act or any other Act or by the rules.
102BGuidelines relating to the appointment of judicial registrars
(1)The State Coroner, in consultation with the Attorney-General may—
(a)prepare guidelines relating to the appointment of judicial registrars of the Coroners Court; and
(b)from time to time amend or revoke any guidelines prepared under paragraph (a).
(2)As soon as practicable after preparing, amending or revoking any guidelines under subsection (1), the State Coroner must cause a copy of the guidelines or the amendment or notice of the revocation (as the case requires) to be given to the Attorney-General.
102CRecommendations for appointment of judicial registrars
(1)The State Coroner may, at any time, recommend to the Attorney-General that a judicial registrar, or more than one judicial registrar, of the Coroners Court be appointed by the Governor in Council.
(2)In making a recommendation under subsection (1), the State Coroner must have regard to any guidelines in force under section 102B(1).
(3)On receiving a recommendation under subsection (1), the Attorney-General may recommend to the Governor in Council that a judicial registrar, or more than one judicial registrar, of the Coroners Court be appointed under section 102D.
102DAppointment by Governor in Council
(1)On the recommendation of the Attorney-General under section 102C, the Governor in Council may appoint a person as a judicial registrar of the Coroners Court for the period, not exceeding 5 years, specified in his or her instrument of appointment.
(2)A person is not eligible for appointment as a judicial registrar unless he or she—
(a)is either—
(i)an Australian lawyer within the meaning of the Legal Profession Act 2004; or
(ii)enrolled as a legal practitioner of the High Court of Australia; and
(b)has been admitted to legal practice in Victoria or another State or a Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.
(3)A judicial registrar may be appointed on a full-time or part-time basis.
(4)A judicial registrar, although not appointed on a part-time basis, may, by agreement in writing entered into with the State Coroner, undertake the duties of a judicial registrar on a part-time basis.
(5)A judicial registrar is eligible for re‑appointment.
(6)The Public Administration Act 2004 does not apply to a judicial registrar in respect of the office of judicial registrar.
102ERemuneration and terms and conditions of appointment
(1)A judicial registrar is entitled to receive the remuneration and allowances that are fixed in respect of him or her from time to time by the Governor in Council.
(2)The remuneration of a judicial registrar is to be paid out of the Consolidated Fund, which is hereby appropriated to the necessary extent.
(3)Except with the approval of the Attorney-General, a judicial registrar must not—
(a)engage in legal practice; or
(b)undertake paid employment; or
(c)conduct a business, trade or profession of any kind.
(4)A judicial registrar must disclose to the State Coroner in writing any direct or indirect pecuniary interest that he or she has or acquires that could conflict with the proper performance of the duties of the office of judicial registrar.
(5)Despite any provision to the contrary made by or under any other Act, a person who has held the office of judicial registrar is entitled to have his or her service in that office taken into account in computing the period of service which entitles public officials (within the meaning of the Public Administration Act 2004) to be granted long service leave or other leave entitlements, whether his or her service in the office of judicial registrar is before or after any period of service as such a public official.
102FResignation from office
A judicial registrar may resign from office by delivering to the Governor a signed letter of resignation.
102GSuspension from office
(1)The State Coroner, with the approval of the Attorney-General, may suspend a judicial registrar from office, if the State Coroner believes that there may be grounds for removal of the judicial registrar from office.
(2)A judicial registrar who is suspended under this section remains entitled to his or her remuneration and allowances as judicial registrar during the period of suspension.
102HInvestigation of judicial registrar and report
(1)As soon as practicable after the State Coroner suspends a judicial registrar from office under section 102G, the Attorney-General must appoint a person nominated by the State Coroner to undertake an investigation into the judicial registrar's conduct.
(2)A person appointed under subsection (1) must—
(a)investigate the judicial registrar's conduct; and
(b)report to the Attorney-General on the investigation; and
(c)give a copy of the report to the judicial registrar and the State Coroner.
(3)A report under subsection (2)(b) may include a recommendation that the judicial registrar be removed from office.
(4)After receiving a report under subsection (2)(b) recommending removal, the Attorney-General, after consulting the State Coroner, may recommend to the Governor in Council that the judicial registrar be removed from office.
(5)The person who conducted the investigation and the Attorney-General may only recommend that a judicial registrar be removed on the ground of proved misbehaviour or incapacity.
(6)The Attorney-General must not make a recommendation under subsection (4) unless the judicial registrar has been given a reasonable opportunity to make written and oral submissions to the person who conducted the investigation and the State Coroner.
(7)In making a recommendation under subsection (4), the Attorney-General is entitled to rely on any findings contained in the report under subsection (2).
(8)If the Attorney-General decides not to make a recommendation under subsection (4)—
(a)the Attorney-General must inform the State Coroner as soon as practicable after receiving the report under subsection (2)(b); and
(b)the State Coroner must lift the suspension.
102IRemoval of judicial registrar from office
The Governor in Council may remove a judicial registrar from office on the recommendation of the Attorney-General under section 102H but not otherwise.
102JPerformance of duties by judicial registrar
(1)A judicial registrar—
(a)must not determine, or continue to determine, a matter that the judicial registrar considers for any reason inappropriate for determination by the Coroners Court constituted by a judicial registrar; and
(b)must make appropriate arrangements for the matter to be determined by the Coroners Court constituted by a coroner.
(2)Subject to this Act and the rules of the Coroners Court, a judicial registrar, in the performance of his or her duties as a judicial registrar, is not subject to the direction or control of any person or body.
(3)In the performance of his or her duties as a judicial registrar, a judicial registrar has the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.
102KReview of decisions of judicial registrar
(1)The Coroners Court constituted by a coroner may direct that the determination of a matter by the Coroners Court constituted by a judicial registrar be reviewed by the Coroners Court constituted by a coroner.
(2)A direction may be given under subsection (1) by the Coroners Court of its own motion.
(3)A review under this section is to be conducted as a determination de novo.".
44Contempt
In section 103(1) of the Coroners Act 2008,
after "a coroner" (wherever occurring) insert
"or a judicial registrar".
45Rules of the Coroners Court
(1)In section 105(1)(j) of the Coroners Act 2008 after "coroners" insert ", judicial registrars".
(2)After section 105(1)(j) of the Coroners Act 2008 insert—
"(ja)the prescription of the matters or class of matters which may be dealt with by the Coroners Court constituted by a judicial registrar;
(jb)delegating to the judicial registrars all or any of the powers of the Coroners Court specified by the Rules in relation to matters prescribed under paragraph (ja), including, but not limited to, the exercise by judicial registrars of the jurisdiction of the Coroners Court other than powers under sections 16, 17, 18, 19, 20, 24, 25, 27, 28, 30, 31, 37, 38, 39, 40, 41, 43, 44, 45, 46, 48, 52, 53, 59, 67, 68, 72, 73(1), 73(2), 74, 77, 103, 105, 107, 114 and 115;
(jc)reviews of, and appeals from, the Coroners Court constituted by a judicial registrar;".
(3)In section 105(2) of the Coroners Act 2008—
(a)in paragraph (a) after "coroner" (where twice occurring) insert ", judicial registrar";
(b)in paragraph (b)—
(i)after "a coroner" insert ", a judicial registrar";
(ii)after "class of coroner" insert ", judicial registrar".
46Professional development and training
In section 108(2) of the Coroners Act 2008—
(a)for "or registrars" substitute ", registrars or judicial registrars";
(b)for "or registrar" (wherever occurring) substitute ", registrar or judicial registrar".
Division 6—Consequential amendments
47Extension of time for filing or serving notice of appeal or notice of application for leave to appeal—Criminal Procedure Act 2009
In section 313(1) of the Criminal Procedure Act 2009 for "or the Registrar" substitute "or, in accordance with the Rules, the Registrar".
48Extension of time for filing or serving notice of appeal or notice of application for leave to appeal—Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
In section 76C(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 for "or the Registrar" substitute ", or, in accordance with the Rules, the Registrar".
49Magistrates' Court Act 1989—judicial resolution conference
(1)In section 3(1) of the Magistrates' Court Act 1989 in the definition of judicial resolution conference after "magistrate" insert "or a judicial registrar".
(2)In section 108B(2) of the Magistrates' Court Act 1989 after "a magistrate" insert "or a judicial registrar".
(3)In section 108C of the Magistrates' Court Act 1989 after "a magistrate" insert "or a judicial registrar".
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Part 5—General
50Statute law revision—Magistrates' Court Act 1989
In section 16C(2) of the Magistrates' Court Act 1989, omit "by him or her".
51Statute law revision—Supreme Court Act 1986
In section 17J(1)(a) of the Supreme Court Act 1986 omit "to be", where secondly occurring.
52Repeal of amending Act
This Act is repealed on 1 January 2012.
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: 15 April 2010
Legislative Council: 6 May 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the County Court Act 1958 in relation to certain pension entitlements, to amend the Constitution Act 1975, the Supreme Court Act 1986, the County Court Act 1958, the Children, Youth and Families Act 2005 and the Coroners Act 2008 in relation to the office of judicial registrar, to amend the Coroners Act 2008 in relation to acting coroners, to make consequential amendments to various Acts and for other purposes."
Constitution Act 1975:
Absolute majorities:
Legislative Assembly: 6 May 2010
Legislative Council: 9 June 2010
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