Untitled document
Courts Legislation Amendment (Judicial Resolution Conference) Act 2009
No. 50 of 2009
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purpose
2Commencement
PART 2—SUPREME COURT ACT 1986
3Definitions
4Mediation
5New Division 3A of Part 2 inserted
Division 3A—Judicial resolution conferences
24BJudicial resolution conference
24CProtection of conduct of judicial resolution conference
6Power to make Rules
PART 3—COUNTY COURT ACT 1958
7Definitions
8Mediation
9New Division 4 of Part II inserted
Division 4—Judicial resolution conferences
41Judicial resolution conference
42Protection of conduct of judicial resolution conference
10Division heading inserted
11Power to make Rules
PART 4—MAGISTRATES' COURT ACT 1989
12Definitions
13Mediation
14Rules of Court
15New Division 3B of Part 5
Division 3B—Judicial resolution conferences
108BJudicial resolution conferences
108CProtection of conduct of judicial resolution conference
PART 5—CHILDREN, YOUTH AND FAMILIES ACT 2005
16Definitions
17Proceedings to be heard in open court
18New sections 527A and 527B inserted
527AJudicial resolution conference
527BProtection of conduct of judicial resolution conference
19Rules
PART 6—GENERAL
20Repeal of amending Act
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ENDNOTES
Courts Legislation Amendment (Judicial Resolution Conference) Act 2009
No. 50 of 2009
[Assented to 8 September 2009]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The main purpose of this Act is to amend the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 and the Children, Youth and Families Act 2005—
(a)to clarify that judicial immunity applies to judges, associate judges and magistrates when carrying out judicial resolution conferences; and
(b)to further provide for the conduct of those processes by judges, associate judges and magistrates.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision referred to in subsection (1) does not come into operation before 1 August 2010, it comes into operation on that day.
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PART 2—SUPREME COURT ACT 1986
3Definitions
In section 3(1) of the Supreme Court Act 1986 insert the following definition—
"judicial resolution conference means a resolution process presided over by a Judge of the Court or an Associate Judge for the purposes of negotiating a settlement of a dispute including, but not limited to—
(a)mediation, whether or not referred to that person in accordance with the Rules;
(b)early neutral evaluation;
(c)settlement conference;
(d)conciliation;".
4Mediation
In section 24A of the Supreme Court Act 1986, after "to mediation" insert ", other than judicial resolution conference".
5New Division 3A of Part 2 inserted
After section 24A of the Supreme Court Act 1986 insert—
"Division 3A—Judicial resolution conferences
24BJudicial resolution conference
(1)If, in any proceeding, the Court orders or directs that a judicial resolution conference be conducted, no evidence shall be admitted at the hearing of any proceeding of anything said or done by any person in the course of the conduct of the judicial resolution conference unless the Court otherwise orders, having regard to the interests of justice and fairness.
(2)Without limiting section 16 of the Evidence Act 2008, a Judge of the Court or an Associate Judge is not compellable to give evidence in any proceeding, whether civil or criminal, of anything said or done or arising from the conduct of the judicial resolution conference.
24CProtection of conduct of judicial resolution conference
Without limiting any other law, whether written or unwritten, a Judge of the Court or an Associate Judge performing duties in connection with any judicial resolution conference has the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge.".
6Power to make Rules
In section 25 of the Supreme Court Act 1986—
(a)after subsection (1)(ea) insert—
"(eab)judicial resolution conferences, including, but not limited to, the practice and procedure of the Court in relation to judicial resolution conferences;";
(b)in subsection (1A)—
(i)after "Chief Justice" insert ", a Judge of the Court, an Associate Judge";
(ii)after "specified class of" insert "judge or".
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PART 3—COUNTY COURT ACT 1958
7Definitions
In section 3(1) of the County Court Act 1958 insert the following definition—
"judicial resolution conference means a resolution process presided over by a judge or an associate judge for the purposes of negotiating a settlement of a dispute including, but not limited to—
(a)mediation, whether or not referred to that person in accordance with the Rules;
(b)early neutral evaluation;
(c)settlement conference;
(d)conciliation;".
8Mediation
In section 47B of the County Court Act 1958, after "to mediation" insert ", other than judicial resolution conference".
9New Division 4 of Part II inserted
After section 40 of the County Court Act 1958 insert—
"Division 4—Judicial resolution conferences
41Judicial resolution conference
(1)If, in any civil proceeding, the Court orders or directs that a judicial resolution conference be conducted, no evidence shall be admitted at the hearing of any civil proceeding of anything said or done by any person in the course of the conduct of the judicial resolution conference unless the Court otherwise orders, having regard to the interests of justice and fairness.
(2)Without limiting section 16 of the Evidence Act 2008, a judge or an associate judge is not compellable to give evidence in any proceeding, whether civil or criminal, of anything said or done or arising from the conduct of the judicial resolution conference.
42Protection of conduct of judicial resolution conference
Without limiting any other law, whether written or unwritten, a judge or an associate judge performing duties in connection with judicial resolution conference 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.".
10Division heading inserted
Insert the following heading to Division 6 of Part II of the County Court Act 1958—
"Division 6—Arbitration, mediation, and reference for inquiry".
11Power to make Rules
In section 78 of the County Court Act 1958—
(a)after subsection (1)(hca) insert—
"(hcb)judicial resolution conferences, including, but not limited to the practice and procedure of the Court in relation to judicial resolution conferences;";
(b)in subsection (6), after "by subsection" insert "(1)(hcb),";
(c)in subsection (7), after "under subsection" insert "(1)(hcb),".
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PART 4—MAGISTRATES' COURT ACT 1989
12Definitions
In section 3(1) of the Magistrates' Court Act 1989 insert the following definition—
"judicial resolution conference means a resolution process presided over by a magistrate for the purposes of negotiating a settlement of a dispute including, but not limited to—
(a)mediation, whether or not referred to that person in accordance with the Rules;
(b)early neutral evaluation;
(c)settlement conference;
(d)conciliation;".
13Mediation
After section 108(2) of the Magistrates' Court Act 1989 insert—
"(3)Subsection (2) does not apply to mediation by judicial resolution conference.
Note
See section 108B.".
14Rules of Court
After section 16(1)(fb) of the Magistrates' Court Act 1989 insert—
"(fc)judicial resolution conferences, including, but not limited to the practice and procedure of the Court in relation to judicial resolution conferences;".
15New Division 3B of Part 5
After Division 3A of Part 5 of the Magistrates' Court Act 1989 insert—
"Division 3B—Judicial resolution conferences
108BJudicial resolution conferences
(1)If, in any civil proceeding, the Court orders or directs that a judicial resolution conference be conducted, no evidence shall be admitted at the hearing of any civil proceeding of anything said or done by any person in the course of the conduct of the judicial resolution conference unless the Court otherwise orders, having regard to the interests of justice and fairness.
(2)Without limiting section 16 of the Evidence Act 2008, a magistrate is not compellable to give evidence in any proceeding, whether civil or criminal, of anything said or done or arising from the conduct of the judicial resolution conference.
108CProtection of conduct of judicial resolution conference
Without limiting any other law, whether written or unwritten, a magistrate performing duties in connection with any judicial resolution conference 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.".
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PART 5—CHILDREN, YOUTH AND FAMILIES ACT 2005
16Definitions
In section 3(1) of the Children, Youth and Families Act 2005 insert the following definition—
"judicial resolution conference means a resolution process in the Family Division of the Court presided over by the President or a magistrate for the purposes of negotiating a settlement of a dispute—
(a)including, but not limited to—
(i)mediation; or
(ii)early neutral evaluation;
(iii)settlement conference;
(iv)conciliation;
(b)other than a dispute resolution conference under section 217;".
17Proceedings to be heard in open court
In section 523(1) of the Children, Youth and Families Act 2005 after "subsection (2)" insert "and section 527A".
18New sections 527A and 527B inserted
After section 527 of the Children, Youth and Families Act 2005 insert—
"527A Judicial resolution conference
(1)If, in any proceeding in the Family Division of the Court, the court orders or directs that a judicial resolution conference be conducted, no evidence is admissible at the hearing of any proceeding in that Division of anything said or done by any person in the course of the conduct of the judicial resolution conference unless the court otherwise orders, having regard to the interests of justice and fairness.
(2)Without limiting section 16 of the Evidence Act 2008, the President or a magistrate is not compellable to give evidence in any proceeding, whether civil or criminal, of anything said or done or arising from the conduct of the judicial resolution conference.
527BProtection of conduct of judicial resolution conference
Without limiting any other law, whether written or unwritten, the President or a magistrate performing duties in connection with any judicial resolution conference 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.".
19Rules
For section 588(1) of the Children, Youth and Families Act 2005 substitute—
"(1)The President together with 2 or more magistrates for the Court may jointly make rules of court for or with respect to—
(a)the prescription of forms for the purposes of the Family Division of the Court;
(b)judicial resolution conferences, including, but not limited to the practice and procedure of the Court in relation to judicial resolution conferences.".
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PART 6—GENERAL
20Repeal of amending Act
This Act is repealed on 1 August 2011.
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: 28 July 2009
Legislative Council: 13 August 2009
The long title for the Bill for this Act was "A Bill for an Act to amend the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 and the Children, Youth and Families Act 2005 to clarify that judicial immunity applies to judges, associate judges and magistrates when carrying out judicial resolution conferences and to further provide for the conduct of those processes by judges, associate judges and magistrates and for other purposes."
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