Justice Legislation Amendment (Access to Justice) Act 2018
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Justice Legislation Amendment (Access to Justice)
Act 2018
No. 15 of 2018
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 3
Part 2—Australian Consumer Law and Fair Trading Act 2012 4
3 What is a small claim? 4
Part 3—Births, Deaths and Marriages Registration Act 1996 5
4 Application to alter Register 5
5 Alteration of Register 5
6 Application for document acknowledging identity 5
7 Issue of document acknowledging identity 5
Part 4—Civil Procedure Act 2010 6
8 Other costs orders 6
Part 5—County Court Act 1958 8
9 Section 28 repealed 8
10 Regulations 8
Part 6—Legal Aid Act 1978 11
Division 1—Objectives and functions 11
11 Definitions 11
12 Objectives 11
13 Functions and powers 12
14 Duties of VLA 13
15 Role of board 14
Division 2—Collaborative planning committee 14
16 Terms and conditions of appointment to community
consultative committee 14
17 New sections 12LA, 12LB and 12LC inserted 15
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Division 3—Plans, reports and funding 17
18 Definitions 17
19 New sections 12MA, 12MB and 12MC inserted 18
20 Annual report 22
21 New section 12O inserted 22
Division 4—Board and chief executive officer of Victoria Legal Aid 23
22 Definitions 23
23 Delegation 23
24 Board of directors 24
25 Section 12A repealed 24
26 Appointment of directors 24
27 Terms and conditions of appointment of directors 25
28 Vacancies, resignations, removal of directors from office 25
29 Section 12F repealed 25
30 Validity of decisions of board 25
31 New sections 12JA, 12JB, 12JC, 12JD, 12JE and 12JF
inserted 26
32 Attorney-General may give directions to the board 29
33 Panel of independent reviewers 30
34 Legal Aid Fund 30
35 Certificate of costs 30
36 Section 54 inserted 30
Division 5—Miscellaneous 31
37 Definitions 31
38 References to Federation of Community Legal Centres 32
39 References to Law Institute 32
40 References to Victorian Bar 32
41 Officers etc. of VLA not to reveal any information without
consent of VLA 33
Part 7—Legal Profession Uniform Law Application Act 2014 34
Division 1—Payments into Legal Aid Fund 34
42 Legal aid funding 34
Division 2—Funding of law-related services and activities 34
43 Funding of law-related services and activities 34
Division 3—Overseas qualifications 34
44 New section 72A inserted 34
45 General account 35
Division 4—Managed investment schemes 35
46 Prohibited services and business 35
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Part 8—Magistrates' Court Act 1989 37
47 Fees 37
48 Regulations 37
Part 9—Victoria Law Foundation Act 2009 39
Division 1—Object and functions 39
49 Definitions 39
50 New section 4A inserted 39
51 Section 5 substituted 39
52 General powers of the Foundation 40
Division 2—Membership 41
53 Constitution and membership of the Foundation 41
54 Terms and conditions of office of members—members other
than the Chief Justice and the Chief Justice's nominee 42
55 Terms and conditions of office of members—Chief Justice's
nominee 42
56 Meetings 42
Division 3—Staffing 42
57 Executive Director and employees 42
Division 4—Transitional provisions 43
58 New section 16 inserted 43
Part 10—Victorian Civil and Administrative Tribunal Act 1998 46
Division 1—Acting Deputy Presidents and acting senior members 46
59 Acting Deputy President 46
60 New section 28A inserted 46
Division 2—Principal registrar's duty to provide reasonable
assistance 48
61 New section 32AA inserted 48
62 Section 67(4) repealed 48
Division 3—Support persons 48
63 New section 63A inserted 48
Division 4—Mediators 49
64 Compulsory conferences 49
65 Settlement of proceeding 50
66 Schedule 1—Variations from Parts 3 and 4 for various
proceedings 50
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Division 5—Enforcement of orders 51
67 New section 120A inserted 51
68 Section 121 substituted 52
69 Section 122 substituted 52
70 Contempt 53
71 Schedule 2 amended 53
Division 6—Service 53
72 Service 53
73 When is service effective? 55
74 Schedule 2 amended 56
Division 7—Requests for written reasons for small civil claims 57
75 Schedule 1 amended 57
Division 8—Transitional provisions 57
76 Sections 172, 173 and 174 inserted 57
Part 11—Repeal of amending Act 59
77 Repeal of amending Act 59
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Endnotes 60
1 General information 60
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Justice Legislation Amendment (Access
to Justice) Act 2018 †
No. 15 of 2018
[Assented to 29 May 2018]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Bill are—
(a) to amend the Australian Consumer Law
and Fair Trading Act 2012 to expand the
class of consumer and trader disputes that
are small claims; and
Victoria
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(b) to amend the Births, Deaths and Marriages
Registration Act 1996 to remove limitations
relating to a record or acknowledgment of a
married person's sex; and
(c) to amend the Civil Procedure Act 2010 in
relation to protective costs orders; and
(d) to amend the County Court Act 1958 in
relation to fees; and
(e) to amend the Legal Aid Act 1978 in relation
to Victoria Legal Aid's composition,
objectives, functions, planning, reporting and
administration of the Legal Aid Fund; and
(f) to amend the Legal Profession Uniform
Law Application Act 2014 in relation to
the Public Purpose Fund, the funding of
law-related services and activities, overseas
qualifications and managed investment
schemes; and
(g) to amend the Magistrates' Court Act 1989
in relation to fees; and
(h) to amend the Victoria Law Foundation
Act 2009 in relation to the Victoria Law
Foundation's composition, object, functions,
membership, staffing and the charging of
fees; and
(i) to amend the Victorian Civil and
Administrative Tribunal Act 1998 in
relation to acting Deputy Presidents,
acting senior members, support persons,
assistance provided by the principal registrar,
mediators, the enforcement of orders, service
and small civil claims.
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Part 1—Preliminary
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2 Commencement
(1) This Act (except Parts 2, 3, 4, 5, 6, 7, 9 and 10)
comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Subject to subsections (3), (4) and (5), Parts 2, 3,
4, 5, 6, 7, 9 and 10 come into operation on a day
or days to be proclaimed.
(3) If a provision of Part 2, 4, 5, 6, 7, 9 or 10
(other than Division 5 of Part 10) does not come
into operation before 1 July 2019, it comes into
operation on that day.
(4) If a provision of Part 3 does not come into
operation before 12 October 2018, it comes into
operation on that day.
(5) If a provision of Division 5 of Part 10 does not
come into operation before 1 July 2020, it comes
into operation on that day.
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Part 2—Australian Consumer Law and Fair Trading Act 2012
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Part 2—Australian Consumer Law and
Fair Trading Act 2012
3 What is a small claim?
In section 183(a) and (b) of the Australian
Consumer Law and Fair Trading Act 2012,
for "$10 000" substitute "$15 000".
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Part 3—Births, Deaths and Marriages Registration Act 1996
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Part 3—Births, Deaths and Marriages
Registration Act 1996
4 Application to alter Register
In section 30A(1) of the Births, Deaths
and Marriages Registration Act 1996, for
"An unmarried person" substitute "A person".
5 Alteration of Register
Section 30C(3) of the Births, Deaths and
Marriages Registration Act 1996 is repealed.
6 Application for document acknowledging identity
In section 30E(1) of the Births, Deaths
and Marriages Registration Act 1996, for
"An unmarried person" substitute "A person".
7 Issue of document acknowledging identity
Section 30F(6) of the Births, Deaths and
Marriages Registration Act 1996 is repealed.
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Part 4—Civil Procedure Act 2010
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Part 4—Civil Procedure Act 2010
8 Other costs orders
After section 65C(2) of the Civil Procedure
Act 2010 insert—
"(2A) In making an order under subsection (1) to
fix or cap recoverable costs in advance, the
court may consider the following matters—
(a) the timing of the application;
(b) the complexity of the factual or legal
issues raised in the proceeding;
(c) whether the party seeking the order
claims damages or other form of
financial compensation;
(d) whether the claim of the party seeking
the order has a proper basis and is not
frivolous or vexatious;
(e) the undesirability of the party seeking
the order abandoning the proceeding if
the order is not made;
(f) whether there is a public interest
element to the proceeding;
(g) the costs likely to be incurred by the
parties;
(h) whether the other party has been
uncooperative or delayed the
proceeding;
(i) the ability of the party seeking the order
to pay costs;
(j) whether a significant number of
members of the public may be affected
by the outcome of the proceeding;
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(k) whether the claim of the party seeking
the order raises significant issues as to
the interpretation and application of
statutory provisions.".
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Part 5—County Court Act 1958
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Part 5—County Court Act 1958
9 Section 28 repealed
Section 28 of the County Court Act 1958 is
repealed.
10 Regulations
(1) After section 79A(3)(d) of the County Court
Act 1958 insert—
"(da) different fees for different classes of
proceedings or different classes of party;".
(2) Section 79A(3)(g) of the County Court Act 1958
is repealed.
(3) After section 79A(4) of the County Court
Act 1958 insert—
"(5) The regulations may—
(a) be of general or limited application; and
(b) differ according to differences in time,
place or circumstances; and
(c) provide in a specified case or class
of case for the exemption of any
proceeding, person or thing or a class
of proceeding, person or thing from any
of the provisions of the regulations,
whether—
(i) unconditionally or on specified
conditions; and
(ii) either wholly or to such an extent
as is specified; and
(d) provide for the payment in advance of
any fee fixed under subsection (2)(a);
and
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(e) provide for proportionate consequences
of failure to pay any fee fixed under
subsection (2)(a); and
(f) provide for the reduction, waiver,
postponement, remission or refund, in
whole or in part, of any fee fixed under
subsection (2)(a); and
(g) provide, in specified circumstances,
for the reinstatement or payment, in
whole or in part, of any fee fixed under
subsection (2)(a) which was reduced,
waived, postponed, remitted or
refunded by or in accordance with
the regulations; and
(h) confer a discretionary authority or
impose a duty on any judge, associate
judge, judicial registrar or a specified
court official or a specified class of
judge, class of associate judge, class of
judicial registrar or court official; and
(i) leave any matter or thing dealt with by
or in accordance with the regulations to
be decided by a specified court official
or class of court official.
(6) Subject to the regulations or any power to
reduce, waive, postpone, remit or refund
any fee fixed under subsection (2)(a), the
registrar or a deputy registrar at or for the
place where a proceeding is to be heard
may, having regard to the income, day to
day living expenses, liabilities and assets of
the person liable to pay a fee fixed under
subsection (2)(a), waive payment of that
fee if, in the registrar or deputy registrar's
opinion, the payment of that fee by that
person would cause the person financial
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hardship and, in that case, that fee is not
payable.
(7) If the regulations provide for a remission or
refund of a fee fixed under subsection (2)(a),
the Consolidated Fund is appropriated to the
necessary extent to enable any remission or
refund to be paid.".
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Part 6—Legal Aid Act 1978
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Part 6—Legal Aid Act 1978
Division 1—Objectives and functions
11 Definitions
In section 2(1) of the Legal Aid Act 1978 insert
the following definitions—
"community legal service has the same meaning
as in the Legal Profession Uniform Law
(Victoria);
legal assistance information means information
that is—
(a) for use by the community; and
(b) designed to provide guidance or
education in relation to the law,
including—
(i) guidance (other than legal advice)
for identifying, preventing or
dealing with legal problems; and
(ii) information on support services
that are related to the law;".
12 Objectives
After section 4(b) of the Legal Aid Act 1978
insert—
"(ba) to ensure the coordination of the provision of
legal aid so that it responds to the legal and
related needs of the community;
(bb) to ensure the coordination of the provision
of legal assistance information so that the
information responds to the legal and related
needs of the community, including by
being—
(i) accessible; and
(ii) current; and
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(iii) high quality; and
(iv) of sufficient breadth;".
13 Functions and powers
(1) After section 6(1)(a) of the Legal Aid Act 1978
insert—
"(ab) to coordinate, and undertake strategic
planning for, the provision of legal aid by—
(i) VLA; and
(ii) subject to subsection (1A), community
legal services; and
(iii) private legal practitioners by
arrangement with VLA;
(ac) subject to subsection (1B), to coordinate
the provision of legal assistance information,
including by facilitating the expansion of the
provision of that information as
appropriate;".
(2) After section 6(1) of the Legal Aid Act 1978
insert—
"(1A) VLA does not have the function of
coordinating, and undertaking strategic
planning for, the provision of legal aid in
Victoria by—
(a) Aboriginal and Torres Strait Islander
Corporation Family Violence
Prevention and Legal Service (Victoria)
ABN 47 125 370 108; or
(b) Victorian Aboriginal Legal Service
Co-operative Ltd ABN 45 926 675 900;
or
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(c) any other organisation (whether
incorporated or not) that holds itself
out as an Aboriginal and Torres Strait
Islander Legal Service.
(1B) VLA does not have the function of
coordinating the provision of legal assistance
information in Victoria by an entity referred
to in subsection (1A).".
14 Duties of VLA
(1) In section 7(1)(a) of the Legal Aid Act 1978, for
"distrust;" substitute "distrust, including by—
(i) arranging, as appropriate, for legal aid to
be provided by VLA, community legal
services and private legal practitioners by
arrangement with VLA; and
(ii) arranging for the provision of legal aid
that is appropriate and proportionate to the
capabilities of the person to whom it is
provided and also to the complexity of the
matter for which it is provided;".
(2) After section 7(1) of the Legal Aid Act 1978
insert—
"(1A) In performing its function under
section 6(1)(ab), VLA must consult with—
(a) the Law Institute; and
(b) the Victorian Bar; and
(c) the Victoria Law Foundation; and
(d) the Federation of Community Legal
Centres; and
(e) community legal services; and
(f) private legal practitioners who provide
legal aid by arrangement with VLA.
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(1B) In performing its function under
section 6(1)(ac), VLA must determine,
in consultation with persons and bodies
who produce and provide legal assistance
information in Victoria, how that
information is best produced and provided.".
15 Role of board
(1) After section 12(2)(a) of the Legal Aid Act 1978
insert—
"(ab) to make decisions regarding how amounts to
be paid out of the Fund are to be allocated
across—
(i) VLA; and
(ii) community legal services; and
(iii) private legal practitioners providing
legal aid by arrangement with VLA;
and".
(2) After section 12(4) of the Legal Aid Act 1978
insert—
"(5) The board must have regard to the advice
and recommendations of the collaborative
planning committee in carrying out its role
under subsection (2)(ab).".
Division 2—Collaborative planning committee
16 Terms and conditions of appointment to community
consultative committee
Insert the following heading to section 12L of the
Legal Aid Act 1978—
"Terms and conditions of appointment to
community consultative committee".
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17 New sections 12LA, 12LB and 12LC inserted
After section 12L of the Legal Aid Act 1978
insert—
"12LA Collaborative planning committee
(1) There shall be established a collaborative
planning committee.
(2) The function of the committee is to provide
evidence-based advice and recommendations
to the board in relation to—
(a) the legal and related needs of the
community; and
(b) the provision of legal aid; and
(c) VLA's functions under section 6(1)(ab)
and (ac).
(3) The committee—
(a) must consist of—
(i) an employee or officer of VLA
(other than a director of the board)
appointed by the board; and
(ii) a person nominated by the
Federation of Community Legal
Centres; and
(iii) a person nominated by the Law
Institute; and
(iv) a person nominated by the
Victorian Bar; and
(v) a person nominated by the
Department of Justice and
Regulation; and
(vi) a person nominated by the
Victoria Law Foundation; and
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(b) may additionally consist of no more
than 3 persons nominated by the
committee.
(4) In nominating a person as described in
subsection (3)(b), the committee must have
regard to the need for the committee to have
experience and expertise that is relevant to
its functions.
(5) On receiving a nomination referred to in
subsection (3)(a)(ii), (iii), (iv), (v), (vi) or
(3)(b), the board must appoint the nominated
person to the committee.
(6) The committee may regulate its own
procedure.
(7) The committee is to have a chairperson,
who is to be appointed by the committee in
accordance with the committee's procedures.
12LB Terms and conditions of appointment to
collaborative planning committee
(1) A member of the collaborative planning
committee holds office for the period,
not exceeding 3 years, specified in the
instrument of appointment and is eligible
for re-appointment.
(2) The board may, in the instrument of
appointment of a member of the committee,
specify terms and conditions of the
appointment.
(3) A member, other than a member who
is employed under Part 3 of the Public
Administration Act 2004, is entitled to be
paid the remuneration and allowances fixed
in the instrument of appointment by the
board.
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(4) A member of the committee may resign from
that office in writing given to the board.
12LC Reports of collaborative planning
committee
(1) The collaborative planning committee may
give the board recommendations in the form
of a report that includes a request for a
response.
(2) The board must provide a response within
3 months of receiving a report under
subsection (1).
(3) The board's response must set out the action
(if any) that has been taken, or will be taken,
in relation to the recommendations in the
report.
(4) Nothing in this section prevents the
collaborative planning committee from
giving recommendations to the board other
than in accordance with this section.".
Division 3—Plans, reports and funding
18 Definitions
In section 2(1) of the Legal Aid Act 1978 insert
the following definitions—
"annual report means a report under
section 12N(1);
corporate plan means a plan under
section 12MC(1);
strategic plan means a plan under
section 12MB(1);".
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19 New sections 12MA, 12MB and 12MC inserted
After section 12M of the Legal Aid Act 1978
insert—
"12MA Directions regarding funding of
community legal services
(1) The Attorney-General may give the board
a written direction requiring that the total
amount paid out of the Fund to community
legal services in a financial year must not be
below a specified amount.
(2) The Attorney-General may specify an
amount referred to in subsection (1) by
specifying a method for calculating that
amount.
(3) The board must comply with any direction
given under subsection (1).
(4) The Attorney-General may vary or revoke a
direction under subsection (1).
12MB Strategic plan
(1) VLA must, in respect of each applicable
period—
(a) prepare a plan regarding VLA's strategy
for its operation during that period; and
(b) submit the plan to the Attorney-General
on or before the day specified for that
period by the Attorney-General by
notice in writing given to VLA.
(2) The applicable periods are the consecutive
periods of 4 years, the first of which begins
on 1 July 2018.
(3) The Attorney-General may specify that the
strategic plan for the first applicable period
is to be submitted on a day that is later than
1 July 2018.
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(4) The strategic plan for an applicable period
must—
(a) set out—
(i) the intended achievements and
financial projections of VLA for
that period; and
(ii) the matters which VLA intends to
prioritise or have regard to when
making decisions during that
period; and
(b) be in a form agreed to by VLA and the
Attorney-General.
(5) No later than one month after a strategic
plan is received by the Attorney-General,
the Attorney-General may—
(a) approve the plan; or
(b) request VLA to amend the strategic
plan.
(6) If, by the end of the period referred to in
subsection (5), the Attorney-General has
not taken an action referred to in subsection
(5)(a) or (b), the Attorney-General is taken to
have approved the strategic plan.
(7) If the Attorney-General requests
amendments under subsection (5)(b), VLA
must—
(a) consult the Attorney-General about the
requested amendments; and
(b) amend the plan as agreed with the
Attorney-General; and
(c) submit the amended plan no later than
2 months after the amendments were
requested.
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(8) VLA may, with the Attorney-General's
agreement, amend a strategic plan approved
by the Attorney-General.
(9) VLA must publish a strategic plan on its
internet site—
(a) as soon as practicable after it is
approved by the Attorney-General; and
(b) if the plan is later amended under
subsection (8), as soon as practicable
after that amendment.
12MC Annual corporate plan
(1) Before 31 August in each year, VLA must—
(a) prepare a plan in accordance with this
section for the financial year that begins
in that year; and
(b) submit the plan to the Attorney-
General.
(2) The corporate plan for a financial year
must—
(a) set out—
(i) VLA's budget for that financial
year, including the total amount
that is to be paid out of the Fund
to community legal services in
that year; and
(ii) the priorities, intended
achievements and intended
activities for that financial year;
and
(iii) the financial projections of VLA
for that financial year; and
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(b) be consistent with—
(i) each strategic plan that applies to
any part of that financial year; and
(ii) any direction given under
section 12MA(1) for that financial
year; and
(c) be in a form agreed to by VLA and the
Attorney-General.
(3) No later than one month after a corporate
plan is received by the Attorney-General, the
Attorney-General may give VLA comments
on the corporate plan.
(4) If, by the end of the period referred to in
subsection (3), the Attorney-General has not
given VLA comments in accordance with
that subsection, VLA must publish the
corporate plan on its internet site as soon as
practicable.
(5) If the Attorney-General gives comments
under subsection (3), the following
provisions apply—
(a) VLA may amend the corporate plan
having regard to the comments; and
(b) no later than one month after comments
are given, VLA must—
(i) publish the plan, incorporating
any amendments made under
paragraph (a), on its internet site;
and
(ii) if the plan was amended, give a
copy of the amended plan to the
Attorney-General.".
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20 Annual report
(1) Insert the following heading to section 12N of the
Legal Aid Act 1978—
"Annual report".
(2) In section 12N(1) of the Legal Aid Act 1978, for
"proceedings" substitute "operations".
(3) After section 12N(1) of the Legal Aid Act 1978
insert—
"(1A) The annual report for a financial year must
set out the operations of VLA by reference
to, or comparison with, the budget, intended
achievements, intended activities and
financial projections set out in the corporate
plan for that financial year.".
(4) In section 12N(2) of the Legal Aid Act 1978, for
"the report" substitute "the annual report".
21 New section 12O inserted
After section 12N of the Legal Aid Act 1978
insert—
"12O Quarterly reports
(1) No later than 2 months after the end of a
quarter, VLA must prepare and publish a
quarterly report on VLA's internet site.
(2) The quarterly report for a quarter must—
(a) set out—
(i) VLA's financial performance for
that quarter; and
(ii) a projection of VLA's financial
performance for the next quarter;
and
(iii) VLA's service delivery
performance for that quarter; and
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(iv) a projection of VLA's service
delivery performance for the next
quarter; and
(b) measure those performances and
projected performances against
indicators specified by the Attorney-
General by notice in writing given to
VLA.
(3) For the purposes of this section, each of the
following periods is a quarter—
(a) the period beginning on 1 January and
ending on 31 March;
(b) the period beginning on 1 April and
ending on 30 June;
(c) the period beginning on 1 July and
ending on 30 September;
(d) the period beginning on 1 October and
ending on 31 December.".
Division 4—Board and chief executive officer of
Victoria Legal Aid
22 Definitions
(1) In section 2(1) of the Legal Aid Act 1978, the
definition of managing director is repealed.
(2) In section 2(1) of the Legal Aid Act 1978 insert
the following definition—
"chief executive officer means the chief
executive officer of VLA appointed
under section 12JB;".
23 Delegation
After section 10(a) of the Legal Aid Act 1978
insert—
"(ab) the chief executive officer;".
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24 Board of directors
(1) Section 11(b) of the Legal Aid Act 1978 is
repealed.
(2) In section 11(c) of the Legal Aid Act 1978, for
"5" substitute "6".
(3) In section 11(c)(ii) of the Legal Aid Act 1978,
for "either business or government operation."
substitute "public management; and".
(4) After section 11(c)(ii) of the Legal Aid Act 1978
insert—
"(iii) at least one must have experience with
criminal proceedings (whether as a legal
practitioner or a judicial officer); and
(iv) at least one must have experience in other
areas of legal practice engaged in by VLA or
its officers.".
25 Section 12A repealed
Section 12A of the Legal Aid Act 1978 is
repealed.
26 Appointment of directors
(1) In section 12B(2) of the Legal Aid Act 1978—
(a) omit "and the managing director";
(b) for "director and the office of managing
director." substitute "director.".
(2) After section 12B(2) of the Legal Aid Act 1978
insert—
"(3) The chief executive officer is not eligible to
be appointed to be the chairperson or any
other director.".
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27 Terms and conditions of appointment of directors
(1) Insert the following heading to section 12C of the
Legal Aid Act 1978—
"Terms and conditions of appointment of
directors".
(2) In section 12C(1) of the Legal Aid Act 1978, for
"exceeding—" substitute "exceeding 3 years.".
(3) Section 12C(1)(a) and (b) of the Legal Aid
Act 1978 are repealed.
(4) In section 12C(3) of the Legal Aid Act 1978 omit
"(other than the managing director)".
(5) In section 12C(4) of the Legal Aid Act 1978, for
"office—" substitute "office on a part-time
basis.".
(6) Section 12C(4)(a) and (b) of the Legal Aid
Act 1978 are repealed.
28 Vacancies, resignations, removal of directors from
office
(1) Insert the following heading to section 12D of the
Legal Aid Act 1978—
"Vacancies, resignations, removal of directors
from office".
(2) In section 12D(1), (2), (3) and (4) of the Legal
Aid Act 1978 omit "(other than the managing
director)".
29 Section 12F repealed
Section 12F of the Legal Aid Act 1978 is
repealed.
30 Validity of decisions of board
Insert the following heading to section 12G of the
Legal Aid Act 1978—
"Validity of decisions of board".
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31 New sections 12JA, 12JB, 12JC, 12JD, 12JE and
12JF inserted
After section 12J of the Legal Aid Act 1978
insert—
"12JA Role of chief executive officer
The chief executive officer—
(a) has control of the day to day
administration of the affairs of VLA
in accordance with—
(i) the strategic plans and annual
corporate plans; and
(ii) the policies, priorities and
strategies determined by the
board; and
(iii) any directions given to the chief
executive officer by the board;
and
(b) may exercise any power delegated to
the chief executive officer by the board;
and
(c) subject to directions of the board, may,
by instrument, delegate to an officer of
VLA—
(i) any power of the chief executive
officer under this Act, other than
this power of delegation; or
(ii) any power delegated to the chief
executive officer by VLA.
12JB Appointment of chief executive officer
(1) The board, with the approval of the
Attorney-General, may appoint a person as
chief executive officer of VLA.
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(2) The Public Administration Act 2004
(other than Part 3 of that Act) applies to the
chief executive officer of VLA in respect of
the office of chief executive officer.
(3) A director of VLA is not eligible to be
appointed as chief executive officer.
12JC Terms and conditions of appointment of
chief executive officer
(1) The chief executive officer is appointed for
the period, not exceeding 5 years, specified
in the instrument of appointment.
(2) The chief executive officer is eligible for
re-appointment.
(3) The chief executive officer is appointed
on the terms and conditions (including
remuneration and allowances) specified in
the instrument of appointment.
(4) The chief executive officer may hold office
on a full-time or part-time basis.
12JD Vacancy, resignation, removal from chief
executive officer's office
(1) The office of the chief executive officer
becomes vacant if the chief executive
officer—
(a) becomes bankrupt, applies to take
the benefit of any law for the relief
of bankrupt or insolvent debtors,
compounds with the officer's creditors
or makes an assignment of the officer's
remuneration for their benefit; or
(b) is convicted of an indictable offence
or an offence which, if committed in
Victoria, would be an indictable
offence.
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(2) The chief executive officer may resign by
notice in writing delivered to the board.
(3) The board, with the Attorney-General's
approval, may remove the chief executive
officer from office.
12JE Acting chief executive officer
(1) Subject to this section, the board may
appoint a person to act as chief executive
officer—
(a) during a vacancy in the office; or
(b) during any period or all periods when
the chief executive officer is absent
from duty or from the State or is for
any other reason unable to perform the
duties of that office.
(2) An appointment under subsection (1) must
not be for a period of more than 6 months.
(3) Subject to subsection (4), an acting
chief executive officer is eligible for
re-appointment.
(4) The Attorney-General's approval is required
for the re-appointment of an acting chief
executive officer if the re-appointment would
result in the person having been appointed to
act as chief executive officer for more than
6 months in any one 12 month period.
(5) Subject to subsections (2) and (6), an
appointment under subsection (1) is on the
terms and conditions determined by the
board.
(6) An appointment under subsection (1) must
be on terms not more favourable than those
applying to the chief executive officer.
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(7) While so acting, the person appointed
under subsection (1) has all the powers and
may perform all the functions and duties
conferred by this Act or any other Act on
the chief executive officer.
(8) The Public Administration Act 2004
(other than Part 3 of that Act) applies to
an acting chief executive officer of VLA in
respect of the office of acting chief executive
officer.
12JF Validity of decisions of chief executive
officer
(1) An act or decision of the chief executive
officer is not invalid merely because of a
defect or irregularity in, or in connection
with, the appointment of the chief executive
officer.
(2) Anything done by or in relation to a person
purporting to act as chief executive officer is
not invalid merely because—
(a) the occasion for the appointment had
not arisen; or
(b) there was a defect or irregularity in
relation to the appointment; or
(c) the appointment had ceased to have
effect; or
(d) the occasion for the person to act had
not arisen or had ceased.".
32 Attorney-General may give directions to the board
In section 12M(4) of the Legal Aid Act 1978, for
"managing director" substitute "chairperson".
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33 Panel of independent reviewers
In section 18(2)(a) of the Legal Aid Act 1978, for
"director of VLA" substitute "director of VLA,
the chief executive officer".
34 Legal Aid Fund
In section 41(3)(b) of the Legal Aid Act 1978,
for "chairperson and acting managing director,"
substitute "chairperson, the chief executive
officer and acting chief executive officer,".
35 Certificate of costs
In section 48B of the Legal Aid Act 1978, for
"managing director" substitute "chief executive
officer".
36 Section 54 inserted
After section 53 of the Legal Aid Act 1978
insert—
"54 Transitional provision—Justice
Legislation Amendment (Access to
Justice) Act 2018
(1) Despite the amendments made to section 11
by section 24 of the Justice Legislation
Amendment (Access to Justice)
Act 2018—
(a) the board is taken to be the same
body as it was immediately before the
commencement of those amendments;
and
(b) no decision, matter or thing is affected
because of those amendments; and
(c) a director of the board who held
office immediately before that
commencement continues in office,
subject to this Act, on the same terms
and conditions on which the director
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held office immediately before that
commencement.
(2) On and after the day on which section 25
of the Justice Legislation Amendment
(Access to Justice) Act 2018 comes into
operation, the person who, immediately
before that day, held the office of managing
director under section 12A as in force
immediately before that day—
(a) ceases to be a member of the board; and
(b) is taken to be appointed as chief
executive officer for the remainder
of the term that is specified in the
instrument of appointment as managing
director.".
Division 5—Miscellaneous
37 Definitions
In section 2(1) of the Legal Aid Act 1978 insert
the following definitions—
"Federation of Community Legal Centres means
the Federation of Community Legal Centres
(Vic.) Inc. ABN 30 036 539 902;
Law Institute has the same meaning as in the
Legal Profession Uniform Law
Application Act 2014;
Victoria Law Foundation means the body
corporate continued by section 4 of the
Victoria Law Foundation Act 2009;
Victorian Bar has the same meaning as in the
Legal Profession Uniform Law
Application Act 2014;".
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38 References to Federation of Community Legal
Centres
(1) In section 12K(3)(a) of the Legal Aid Act 1978,
for "Federation of Community Legal Centres
(Vic.) Inc." substitute "Federation of Community
Legal Centres".
(2) In section 12K(4) of the Legal Aid Act 1978,
for "Federation of Community Legal Centres
(Vic.) Inc." (where twice occurring) substitute
"Federation of Community Legal Centres".
39 References to Law Institute
(1) In section 40A of the Legal Aid Act 1978—
(a) in the definition of funding agreement,
for "Law Institute of Victoria" substitute
"Law Institute";
(b) in the definition of trust deed, for
"Law Institute of Victoria," substitute
"Law Institute,".
(2) In section 40H of the Legal Aid Act 1978,
for "Law Institute of Victoria" substitute
"Law Institute".
40 References to Victorian Bar
(1) In section 40A of the Legal Aid Act 1978—
(a) in the definition of funding agreement,
for "Victorian Bar Council" substitute
"Victorian Bar";
(b) in the definition of trust deed, for
"Victorian Bar Council" substitute
"Victorian Bar".
(2) In section 40H of the Legal Aid Act 1978,
for "Victorian Bar Council" substitute
"Victorian Bar".
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41 Officers etc. of VLA not to reveal any information
without consent of VLA
(1) Before section 43(1) of the Legal Aid Act 1978
insert—
"(1AA) Subsections (1) and (2) apply to a person
who is or was—
(a) the chairperson or another director of
the board; or
(b) the chief executive officer; or
(c) a member of the community
consultative committee; or
(d) a member of the collaborative
planning committee; or
(e) an independent reviewer; or
(f) an employee or officer of VLA; or
(g) a delegate of VLA; or
(h) a person employed by a delegate of
VLA.".
(2) In section 43(1) of the Legal Aid Act 1978,
for "A director of the board or a member of
the community consultative committee or an
independent reviewer or an officer of VLA"
substitute "A person to whom this subsection
applies".
(3) In section 43(2) of the Legal Aid Act 1978,
for "any director of the board or a member of
the community consultative committee or an
independent reviewer or any officer of VLA"
substitute "a person to whom this subsection
applies".
(4) Section 43(3) of the Legal Aid Act 1978 is
repealed.
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Part 7—Legal Profession Uniform Law Application Act 2014
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Part 7—Legal Profession Uniform Law
Application Act 2014
Division 1—Payments into Legal Aid Fund
42 Legal aid funding
In section 143(2) of the Legal Profession
Uniform Law Application Act 2014, for "35%"
substitute "40%".
Division 2—Funding of law-related services
and activities
43 Funding of law-related services and activities
After section 144(1)(d) of the Legal Profession
Uniform Law Application Act 2014 insert—
"(da) innovative improvements to access to
justice;".
Division 3—Overseas qualifications
44 New section 72A inserted
After section 72 of the Legal Profession Uniform
Law Application Act 2014 insert—
"72A Fees for assessments regarding foreign
qualification or training
(1) If the Admission Rules provide for the
Victorian Legal Admissions Board to
undertake an assessment referred to in
subsection (2), the Board may charge a
person who requests such an assessment a
fee to recover the Board's reasonable costs
in undertaking the assessment.
(2) Subsection (1) applies in relation to an
assessment as to what a person with foreign
qualifications or training must do in order to
satisfy—
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(a) the specified academic qualifications
prerequisite referred to in section 17
of the Legal Profession Uniform Law
(Victoria); and
(b) the specified practical legal training
prerequisite referred to in that section.
(3) For the purposes of subsection (2), a person
has foreign qualifications or training if the
person has—
(a) attained an academic qualification in
law in a foreign country; or
(b) undertaken work required to attain
an academic qualification in law in a
foreign country; or
(c) undertaken practical legal training in a
foreign country.".
45 General account
In section 136(3)(a)(ix) of the Legal Profession
Uniform Law Application Act 2014, for "72);"
substitute "72 or 72A);".
Division 4—Managed investment schemes
46 Prohibited services and business
In Schedule 1 to the Legal Profession Uniform
Law Application Act 2014, after section 258(1)
of the Uniform Law insert—
"(1A) Despite subsection (1), a law practice (or a
related entity) may promote or operate a
managed investment scheme if—
(a) the scheme is connected with or related
to the business structure or ownership
of the law practice; or
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(b) the scheme is connected with or related
to the operation of the law practice and
no person who is not an associate of the
law practice has an interest in—
(i) the scheme; or
(ii) the responsible entity for the
scheme; or
(c) the scheme is of a kind specified in the
Uniform Rules for the purposes of this
paragraph.".
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Part 8—Magistrates' Court Act 1989
47 Fees
In section 22(2) of the Magistrates' Court
Act 1989—
(a) for "The appropriate registrar" substitute
"Subject to the regulations or any power to
waive, postpone, remit or refund a prescribed
fee in a civil proceeding, the appropriate
registrar";
(b) for "pay a prescribed fee in a civil
proceeding," substitute "pay the fee,".
48 Regulations
(1) After section 140(2)(d) of the Magistrates' Court
Act 1989 insert—
"(da) different fees for different classes of
proceedings or different classes of party;".
(2) In section 140(2A) of the Magistrates' Court
Act 1989—
(a) before paragraph (a) insert—
"(aa) provide for the payment in advance
of any fee, cost or charge fixed by
regulation under subsection (1)(a)
or (b); and
(aab) provide for proportionate consequences
of failure to pay any fee, cost or
charge fixed by regulation under
subsection (1)(a) or (b); and";
(b) in paragraph (a), for "waiver" substitute
"waiver, postponement, remission";
(c) in paragraph (b)—
(i) for "waived" substitute "waived,
postponed, remitted";
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(ii) for "by the regulations." substitute
"by or in accordance with the
regulations.".
(3) In section 140(2B) of the Magistrates' Court
Act 1989, for "waiver" (wherever occurring)
substitute "waiver, postponement, remission".
(4) For section 140(3)(b) of the Magistrates' Court
Act 1989 substitute—
"(b) so as to provide in a specified case or class
of case for the exemption of any proceeding,
person or thing or a class of proceeding,
person or thing from any of the provisions
of the regulations, whether—
(i) unconditionally or on specified
conditions; and
(ii) either wholly or to such an extent as is
specified; and".
(5) After section 140(3) of the Magistrates' Court
Act 1989 insert—
"(4) If the regulations provide for a remission
or refund of a fee, cost or charge fixed by
regulation under subsection (1)(a) or (b),
the Consolidated Fund is appropriated to the
necessary extent to enable any remission or
refund to be paid.".
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Part 9—Victoria Law Foundation Act 2009
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Part 9—Victoria Law Foundation Act 2009
Division 1—Object and functions
49 Definitions
In section 3 of the Victoria Law Foundation
Act 2009 insert the following definitions—
"Board of Victoria Legal Aid means the board of
directors of Victoria Legal Aid established
under the Legal Aid Act 1978;
Courts Council means the Courts Council
established under the Court Services
Victoria Act 2014;".
50 New section 4A inserted
After section 4 of the Victoria Law Foundation
Act 2009 insert—
"4A Object of the Foundation
The object of the Foundation is to
contribute to the development of a justice
system that meets the legal and related
needs of the Victorian community by
improving knowledge and information
about the Victorian justice system.".
51 Section 5 substituted
For section 5 of the Victoria Law Foundation
Act 2009 substitute—
"5 Functions of the Foundation
The functions of the Foundation are—
(a) to conduct, commission and
disseminate research on the justice
system, especially in matters relating
to access to justice, legal services and
civil justice, including—
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(i) collecting and analysing justice
system data and information; and
(ii) developing and applying measures
to assess the effectiveness and
efficiency of the justice system;
and
(b) to promote and undertake education
within Victoria to improve community
understanding of the law and the justice
system; and
(c) to educate the legal sector in matters
relating to access to justice, including
plain language education; and
(d) to make grants to organisations to
fund projects and programs consistent
with the functions or object of the
Foundation; and
(e) to publish or subsidise the publication
of material relating to, resulting from,
or connected with carrying out the
functions or object of the Foundation.".
52 General powers of the Foundation
(1) For section 6(2)(g) of the Victoria Law
Foundation Act 2009 substitute—
"(g) charging reasonable fees in respect of
activities undertaken in the exercise of its
statutory functions;".
(2) In section 6(3)(c) of the Victoria Law
Foundation Act 2009, for "12." substitute "12;".
(3) After section 6(3)(c) of the Victoria Law
Foundation Act 2009 insert—
"(d) a person engaged on secondment under
section 12.".
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Division 2—Membership
53 Constitution and membership of the Foundation
(1) In section 7(1) of the Victoria Law Foundation
Act 2009, for "6" substitute "8".
(2) In section 7(1)(a)(i) of the Victoria Law
Foundation Act 2009 omit "of the Supreme
Court of Victoria".
(3) In section 7(1)(b) of the Victoria Law
Foundation Act 2009, for "five" substitute
"seven".
(4) After section 7(2)(c) of the Victoria Law
Foundation Act 2009 insert—
"(ca) one is to be appointed on the nomination of
the Board of Victoria Legal Aid; and
(cb) one is to be appointed on the nomination of
the Courts Council; and".
(5) In section 7(2)(d) of the Victoria Law
Foundation Act 2009—
(a) for "two are" substitute "one is";
(b) omit "collectively".
(6) In section 7(2)(d)(iv) of the Victoria Law
Foundation Act 2009, for "administration;"
substitute "administration; and".
(7) Section 7(2)(d)(v) of the Victoria Law
Foundation Act 2009 is repealed.
(8) After section 7(2)(d) of the Victoria Law
Foundation Act 2009 insert—
"(e) one is to be appointed by the Minister having
regard, as far as is practicable, to the need for
the Foundation to have experience and skills
in research and analysis, or in the oversight
of research and analysis, in areas including
the following—
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(i) the justice system;
(ii) social sciences;
(iii) economics;
(iv) statistics;
(v) public policy.".
(9) In section 7(3) of the Victoria Law Foundation
Act 2009, for "3" substitute "4".
54 Terms and conditions of office of members—
members other than the Chief Justice and the Chief
Justice's nominee
In section 8(5) of the Victoria Law Foundation
Act 2009, for "(b) or (c)" substitute "(b), (c), (ca)
or (cb)".
55 Terms and conditions of office of members—Chief
Justice's nominee
In section 8A(1) of the Victoria Law Foundation
Act 2009 omit "of the Supreme Court of
Victoria".
56 Meetings
In section 9(4) of the Victoria Law Foundation
Act 2009, for "3" substitute "4".
Division 3—Staffing
57 Executive Director and employees
For section 12(2) of the Victoria Law
Foundation Act 2009 substitute—
"(2) The Foundation may engage a person—
(a) as a consultant on any terms and
conditions that it thinks fit; or
(b) who is employed under Part 3 of the
Public Administration Act 2004,
under a secondment for the person's
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services by arrangement with a
Department Head.".
Division 4—Transitional provisions
58 New section 16 inserted
After section 15 of the Victoria Law Foundation
Act 2009 insert—
"16 Transitional provisions—Justice
Legislation Amendment (Access to
Justice) Act 2018
(1) Subject to this section, on and from the
commencement of Part 9 of the Justice
Legislation Amendment (Access to
Justice) Act 2018—
(a) the Foundation is taken to be the same
body as it was immediately before that
commencement, despite any changes to
the constitution and membership of the
Foundation and no decision, matter or
thing is to be affected because of those
changes; and
(b) the members of the Foundation remain
in office on the terms and conditions on
which they held office immediately
before that commencement.
(2) A person who was a member of the
Foundation appointed by the Minister under
section 7(1)(b) before the commencement
of Part 9 of the Justice Legislation
Amendment (Access to Justice) Act 2018
continues to be a member of the Foundation
until the expiry of that person's appointment
unless one of the following occurs—
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(a) the person resigns from office or
otherwise ceases to hold office as
member; or
(b) the person is removed from office by
the Minister.
(3) Despite the amendment of section 7(1)(b)
by Part 9 of the Justice Legislation
Amendment (Access to Justice) Act 2018,
the number of members of the Foundation
appointed by the Minister may exceed 7
during the period of membership of a person
referred to in subsection (2).
(4) On and from the commencement of Part 9
of the Justice Legislation Amendment
(Access to Justice) Act 2018, the
Foundation may consist of more than
8 members until the membership of one
of the persons to whom subsection (2)
applies ceases.
(5) Despite section 9(4), on and from the
commencement of Part 9 of the Justice
Legislation Amendment (Access to
Justice) Act 2018, the quorum of the
Foundation is 5 members if subsection (4)
applies.
(6) The Chairperson of the Foundation
under section 7(4) immediately before the
commencement of Part 9 of the Justice
Legislation Amendment (Access to
Justice) Act 2018 continues to be the
Chairperson of the Foundation on and from
that commencement until the expiry of that
appointment unless one of the following
occurs—
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(a) if the Chairperson is the Chief Justice,
the Chief Justice resigns or otherwise
ceases to hold office as Chief Justice;
or
(b) if the Chief Justice has nominated a
person under section 7(1)(a)(ii), that
person—
(i) resigns from office or otherwise
ceases to hold office; or
(ii) is removed from office by the
Chief Justice; or
(iii) is removed under section
8A(1)(b).".
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Part 10—Victorian Civil and Administrative Tribunal Act 1998
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Part 10—Victorian Civil and Administrative
Tribunal Act 1998
Division 1—Acting Deputy Presidents and acting
senior members
59 Acting Deputy President
(1) In section 28(2) of the Victorian Civil and
Administrative Tribunal Act 1998, for "3"
substitute "6".
(2) In section 28(3)(a) of the Victorian Civil and
Administrative Tribunal Act 1998, for "must"
substitute "may".
(3) For section 28(3)(c) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute—
"(c) subject to subsection (3A), is eligible for
re-appointment.".
(4) After section 28(3) of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"(3A) A person appointed as an acting Deputy
President must not act as a Deputy President
for a continuous period of more than
12 months, unless the Minister, in writing,
approves a proposed re-appointment which
would result in a person acting as a Deputy
President for a continuous period of more
than 12 months.".
60 New section 28A inserted
After section 28 of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"28A Acting senior member
(1) If there is a vacancy in the office of a senior
member or a senior member is absent or, for
any other reason, is unable to perform the
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duties of office, the President may appoint an
ordinary member of the Tribunal as an acting
senior member.
(2) The appointment of an acting senior member
must not exceed 6 months.
(3) A person appointed as an acting senior
member—
(a) has all the powers and may perform
all the duties of the senior member for
whom the acting senior member is
acting; and
(b) may resign the acting appointment by
delivering to the President a signed
letter of resignation; and
(c) subject to subsection (4), is eligible for
re-appointment.
(4) A person appointed as an acting senior
member must not act as a senior member for
a continuous period of more than 12 months,
unless the Minister, in writing, approves a
proposed re-appointment which would result
in a person acting as a senior member for a
continuous period of more than 12 months.
(5) The President may at any time terminate an
acting appointment.".
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Division 2—Principal registrar's duty to provide
reasonable assistance
61 New section 32AA inserted
After section 32 of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"32AA Principal registrar to give assistance
(1) The principal registrar is to give assistance as
the principal registrar considers appropriate
to—
(a) participants in a proceeding; and
(b) potential participants in a proceeding,
including a person who is considering
making an application but who has not
yet made an application.
(2) Assistance given under subsection (1) may
be in relation to all stages or any stage of a
proceeding.
(3) To avoid doubt, assistance given under
subsection (1) does not extend to providing
legal advice.".
62 Section 67(4) repealed
Section 67(4) of the Victorian Civil and
Administrative Tribunal Act 1998 is repealed.
Division 3—Support persons
63 New section 63A inserted
After section 63 of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"63A Support persons
(1) Unless the Tribunal directs otherwise, a
party may be assisted in a proceeding by a
support person for the purposes of providing
emotional or other support to that party.
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Example
A support person may include, but is not limited to, a
family member or friend, or a person with appropriate
cultural or social knowledge who provides emotional
or other support to a party.
(2) A support person referred to in subsection
(1) must not—
(a) be a party to the proceeding; or
(b) represent a party to the proceeding.".
Division 4—Mediators
64 Compulsory conferences
(1) For section 83(1) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute—
"(1) Before a proceeding is heard by the Tribunal,
the Tribunal or principal registrar may
require the parties to the proceeding to attend
one or more compulsory conferences
before—
(a) a member of the Tribunal; or
(b) the principal registrar; or
(c) a person nominated by the Tribunal
or the principal registrar.".
(2) After section 83(1) of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"(1A) A person nominated under subsection (1)(c)
or clause 52(3) of Schedule 1 to conduct a
compulsory conference must not make
directions under subsection (2)(d).".
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65 Settlement of proceeding
After section 93(3) of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"(4) If the parties agree to settle a proceeding
or any part of it at a compulsory conference
at which a person nominated under
section 83(1)(c) or clause 52(3) of
Schedule 1 is presiding—
(a) the Tribunal may make any orders
under subsection (1); or
(b) the principal registrar may exercise the
Tribunal's power to make any orders
under subsection (1).".
66 Schedule 1—Variations from Parts 3 and 4 for
various proceedings
(1) In clause 52(1) of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998,
for "The" substitute "Subject to subclause (3),
the".
(2) After clause 52(2) of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998
insert—
"(3) For a proceeding under a planning
enactment, the Tribunal or principal
registrar may nominate a person to conduct
a compulsory conference or a mediation in
accordance with Division 5 of Part 4.
(4) A person nominated under subclause (3)
must have sound knowledge of, and
experience in, planning or environmental
practice in Victoria.".
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Division 5—Enforcement of orders
67 New section 120A inserted
After section 120 of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"120A Re-opening an order for enforcement
reasons
(1) A person in whose favour an order of the
Tribunal is made may apply to the Tribunal
for review of the order to remedy a problem
with enforcing or complying with the order.
(2) An application under subsection (1) is to
be made in accordance with, and within the
time limits specified by, the rules.
(3) The rules may limit the number of times
a person may apply under this section in
respect of the same matter without obtaining
the leave of the Tribunal.
(4) The Tribunal may vary the order, or revoke
the order and make any other order that the
Tribunal could have made in the proceeding
in which the order was made, if the Tribunal
is satisfied that—
(a) there are problems with enforcing or
complying with the order; and
(b) having regard to those problems, it
is appropriate to vary the order, or
revoke the order and make another
order (as the case requires).".
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68 Section 121 substituted
For section 121 of the Victorian Civil and
Administrative Tribunal Act 1998 substitute—
"121 Enforcement of monetary orders
(1) A person in whose favour a monetary order
is made may enforce the order in—
(a) if the amount owing under the order is
within the jurisdictional limit of the
Magistrates' Court, the Magistrates'
Court; or
(b) otherwise, either the County Court or
the Supreme Court.
(2) For the purposes of the enforcement of a
monetary order under subsection (1), the
order is taken to be an order of the court in
which it is to be enforced.".
69 Section 122 substituted
For section 122 of the Victorian Civil and
Administrative Tribunal Act 1998 substitute—
"122 Enforcement of non-monetary orders
(1) A person in whose favour a non-monetary
order is made may enforce the order in the
Supreme Court.
(2) For the purposes of the enforcement of a
non-monetary order under subsection (1), the
order is taken to be an order of the Supreme
Court.".
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70 Contempt
(1) After section 137(1)(e) of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"(ea) fail to comply with an order of the Tribunal
in circumstances where, if the order were
an order of the Supreme Court, the failure
would constitute contempt of that Court; or".
(2) In section 137(10) of the Victorian Civil and
Administrative Tribunal Act 1998¸ for
"judicial" substitute "presidential".
71 Schedule 2 amended
In Schedule 2 to the Victorian Civil and
Administrative Tribunal Act 1998, for the
entry relating to "Procedure for filing orders"
substitute—
"Enforcement of orders of the Tribunal in courts,
including the procedure for transmitting orders to
courts.".
Division 6—Service
72 Service
(1) For section 140(1)(a)(ii) of the Victorian Civil
and Administrative Tribunal Act 1998
substitute—
"(ii) by sending it by post to the person at his or
her usual or last known residential or
business address; or
(iia) subject to the rules, by sending it by
electronic communication to the electronic
address applicable to the person under the
rules; or".
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(2) For section 140(1)(b)(ii) of the Victorian Civil
and Administrative Tribunal Act 1998
substitute—
"(ii) by sending it by post to the registered office
of the company; or
(iia) subject to the rules, by sending it by
electronic communication to the electronic
address applicable to the company under the
rules; or".
(3) In section 140(2) of the Victorian Civil and
Administrative Tribunal Act 1998, for
"a notice" substitute "a notice, order".
(4) For section 140(2)(b) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute—
"(b) by sending it by post to the president,
secretary or other similar officer of the
association at that person's usual or last
known residential or business address; or
(ba) subject to the rules, by sending it by
electronic communication to the electronic
address applicable to the president, secretary
or other similar officer of the association
under the rules; or".
(5) After section 140(2) of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"(2A) Rules for the purposes of subsections
(1)(a)(iia), (1)(b)(iia) and (2)(ba) may only
prescribe, as an electronic address that is
applicable to a person or company—
(a) an electronic address that has been
provided to the Tribunal by the person
or company (including by the person
or company communicating with the
Tribunal from that address); or
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(b) an electronic address—
(i) from which the person or
company has communicated with
a party, or potential party, to the
proceeding to which the notice,
order or other document relates;
and
(ii) that is provided to the Tribunal by
that party or potential party.".
(6) After section 140(3) of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"(4) Despite section 8 of the Electronic
Transactions (Victoria) Act 2000, a notice,
order or other document served or given by
electronic communication in accordance
with this section is taken to have been served
or given whether or not the person on whom
it is served, or to whom it is given, consented
to it being served or given by means of
electronic communication.".
73 When is service effective?
(1) In section 141(1) of the Victorian Civil and
Administrative Tribunal Act 1998, for
"a notice" substitute "a notice, order".
(2) For section 141(1)(a) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute—
"(a) in the case of delivery in person—
(i) if the document was delivered on a
business day before 4.00 p.m., at the
time of delivery; or
(ii) in any other case, on the business day
following the day of delivery;".
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(3) For section 141(1)(c) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute—
"(c) in the case of electronic communication—
(i) if the communication was delivered on
a business day before 4.00 p.m., at the
time of delivery; or
(ii) in any other case, on the business day
following the day of delivery.".
(4) For section 141(2) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute—
"(2) For the purposes of subsection (1)(c), unless
the rules provide otherwise, an electronic
communication is delivered—
(a) unless paragraph (b) applies, at the time
the communication was dispatched; or
(b) if the Tribunal finds that the
communication was not capable of
being retrieved until a later time, at
that later time.
Note
Section 13 of the Electronic Transactions
(Victoria) Act 2000 specifies the time of dispatch
of an electronic communication.
(2A) Subsections (1)(c) and (2) apply despite
section 13A of the Electronic Transactions
(Victoria) Act 2000.".
74 Schedule 2 amended
In Schedule 2 to the Victorian Civil and
Administrative Tribunal Act 1998, before
the entry relating to "Contents of register of
proceedings" insert—
"Service by electronic communication,
including the electronic address for that service,
requirements to provide an electronic address for
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service, requirements for that service and
circumstances in which that service is not
permitted.".
Division 7—Requests for written reasons for
small civil claims
75 Schedule 1 amended
In Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998, clause 4J is
repealed.
Division 8—Transitional provisions
76 Sections 172, 173 and 174 inserted
At the end of Part 7 of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"172 Transitional—Justice Legislation
Amendment (Access to Justice)
Act 2018—general provisions
(1) Section 120A applies to an order of the
Tribunal made before, on or after the
commencement of section 67 of the Justice
Legislation Amendment (Access to
Justice) Act 2018.
(2) Despite the repeal of clause 4J of Schedule 1,
that clause continues to apply, on and after
its repeal, in relation to an order made before
that repeal.
173 Transitional—Justice Legislation
Amendment (Access to Justice)
Act 2018—enforcement of monetary
orders
(1) This section applies to a monetary order
that was made before the day on which
section 68 of the Justice Legislation
Amendment (Access to Justice) Act 2018
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comes into operation (the commencement
day).
(2) Subject to subsection (3), section 121 as
substituted by section 68 of the Justice
Legislation Amendment (Access to
Justice) Act 2018 applies to the monetary
order.
(3) If, before the commencement day, the
monetary order was taken to be an order of a
court under section 121(3) as then in force,
section 121 as then in force continues to
apply despite its substitution by section 68
of the Justice Legislation Amendment
(Access to Justice) Act 2018.
174 Transitional—Justice Legislation
Amendment (Access to Justice)
Act 2018—enforcement of
non-monetary orders
(1) This section applies to a non-monetary
order that was made before the day on
which section 69 of the Justice Legislation
Amendment (Access to Justice) Act 2018
comes into operation (the commencement
day).
(2) Subject to subsection (3), section 122 as
substituted by section 69 of the Justice
Legislation Amendment (Access to
Justice) Act 2018 applies to the
non-monetary order.
(3) If, before the commencement day, the
non-monetary order was taken to be an order
of a court under section 122(3) as then in
force, section 122 as then in force continues
to apply despite its substitution by section 69
of the Justice Legislation Amendment
(Access to Justice) Act 2018.".
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Part 11—Repeal of amending Act
77 Repeal of amending Act
This Act is repealed on 1 July 2021.
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
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 28 March 2018
Legislative Council: 9 May 2018
The long title for the Bill for this Act was "A Bill for an Act to amend
the Australian Consumer Law and Fair Trading Act 2012, the Births,
Deaths and Marriages Registration Act 1996, the Civil Procedure
Act 2010, the County Court Act 1958, the Legal Aid Act 1978, the
Legal Profession Uniform Law Application Act 2014, the Magistrates'
Court Act 1989, the Victoria Law Foundation Act 2009 and the
Victorian Civil and Administrative Tribunal Act 1998 and for other
purposes."
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