Courts Legislation Amendment (Reserve Judicial Officers) Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS RELATING TO THE SUPREME COURT 3 Division 1—Amendments to the Constitution Act 1975 3 3 Definitions 3 4 Divisions of Court 3 5 Commissions of Judges 3 6 Chief Justice and Judges of Court of Appeal 4 7 Seniority 4 8 Governor in Council may appoint Acting Chief Justice 4 9 Governor in Council may appoint acting President 4 10 Appointment of acting Judges 4 11 Transitional provision—reserve Judges 4 12 New sections 81 to 81I inserted 5 81 Appointment of reserve Judges 5 81A Cessation of office 5 81B Attorney-General may engage reserve Judge to undertake duties of Judge of the Court 6 81C Powers, jurisdiction, immunities and protection of reserve Judge 6 81D Pension rights and service not affected by being a reserve Judge 7 81E Engaging in legal practice or other paid employment 7 81F Remuneration and entitlements of reserve Judge 7 81G Appropriation of certain amounts in relation to reserve Judges 10 81H Construction of references—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 10 81I Regulations dealing with transitional matters— Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 11 -- 1 of 57 -- Section Page ii Authorised by the Chief Parliamentary Counsel 13 As to pensions of Judges of the Supreme Court and their partners and children 12 14 Judges not to hold any other place of profit 12 Division 2—Amendments to the Supreme Court Act 1986 13 15 Definitions 13 16 Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge 13 17 Power to make Rules 14 18 Manner of making Rules 14 19 Council of Judges 14 20 Professional development and training 14 21 New section 151 inserted 14 151 Regulations dealing with transitional matters— Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 14 PART 3—AMENDMENTS RELATING TO THE COUNTY COURT 16 22 Definitions 16 23 Appointment and qualification of judges 16 24 Section 11 repealed 16 25 New sections 12 to 12G inserted 17 12 Appointment of reserve judges 17 12A Cessation of office 17 12B Attorney-General may engage reserve judge to undertake duties of judge of the court 18 12C Powers, jurisdiction, immunities and protection of reserve judge 18 12D Pension rights and service not affected by being a reserve judge 18 12E Engaging in legal practice or other paid employment 19 12F Remuneration and entitlements of reserve judge 19 12G Appropriation of certain amounts in relation to reserve judges 21 26 Provision for pensions to County Court judges and their partners 22 27 Professional development and training 22 28 Power to make rules of practice 23 29 Council of Judges 23 30 New sections 96 and 97 inserted 23 96 Transitional provisions—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 23 97 Regulations dealing with transitional matters— Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 24 -- 2 of 57 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENTS RELATING TO THE MAGISTRATES' COURT 26 31 Definitions 26 32 Appointment of magistrates 26 33 Appointment of Acting Chief Magistrate 26 34 Section 9 repealed 26 35 New sections 9A to 9F inserted 27 9A Appointment of reserve magistrates 27 9B Cessation of office 27 9C Attorney-General may engage reserve magistrate to undertake duties of a magistrate 28 9D Pension rights and service of Chief Magistrate not affected by being a reserve magistrate 28 9E Powers, jurisdiction, immunities and protection of reserve magistrate 29 9F Engaging in legal practice or other paid employment 29 36 Salaries 29 37 Assignment of duties 29 38 Council of magistrates 29 39 Salaries and allowances of magistrates 30 PART 2—RESERVE MAGISTRATES 30 11 Remuneration and entitlements of reserve magistrate 30 12 Appropriation of certain amounts in relation to reserve magistrates 32 40 Savings and transitional provisions 33 50 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 33 51 Regulations dealing with transitional matters— Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 35 PART 5—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 37 Division 1—Judicial Remuneration Tribunal Act 1995 and Judicial Salaries Act 2004 37 41 Definitions—Judicial Remuneration Tribunal Act 1995 37 42 Functions of the Tribunal 38 43 Advisory opinions 38 44 Attorney-General's certificate 38 45 Definitions—Judicial Salaries Act 2004 38 46 Salaries of other judicial officers and remuneration of acting magistrates (2005 onwards) 39 47 Allowances of judicial officers 40 -- 3 of 57 -- Section Page iv Authorised by the Chief Parliamentary Counsel Division 2—Amendments to other Acts 40 48 Definitions—Children, Youth and Families Act 2005 40 49 President, magistrate or acting magistrate to be in attendance 40 50 Assignment of magistrates or acting magistrates 41 51 President 41 52 Acting President 42 53 Assignment of duties 42 54 Delegation by President 42 55 Protection of magistrates or acting magistrates 42 56 Rules 42 57 Definitions—Coroners Act 2008 43 58 State Coroner 43 59 Deputy State Coroner 43 60 Assignment of magistrates and acting magistrates to be coroners 43 61 Rules of the Coroners Court 44 62 Definitions—Independent Broad-based Anti-corruption Commission Act 2011 44 63 Definitions—Ombudsman Act 1973 45 64 Definitions—Protected Disclosure Act 2012 45 65 Public Administration Act 2004—Schedule 1A 46 66 Definitions—Victims of Crime Assistance Act 1996 46 67 Establishment 47 68 Validity of proceedings 47 69 Definitions—Victorian Civil and Administrative Tribunal Act 1998 47 70 President 47 71 Vice Presidents 48 72 Short-term Vice Presidents 48 73 Vacation of office 48 74 Acting President 49 75 Acting Vice President 49 76 Additional acting judicial appointments 49 77 Membership 49 PART 6—AMENDMENTS TO CHILDREN, YOUTH AND FAMILIES ACT 2005—YOUTH PAROLE BOARD AND YOUTH RESIDENTIAL BOARD 50 78 Alternate members—Youth Residential Board 50 79 Alternate members—Youth Parole Board 50 -- 4 of 57 -- Section Page v Authorised by the Chief Parliamentary Counsel PART 7—REPEAL OF AMENDING ACT 51 80 Repeal of amending Act 51 ═══════════════ ENDNOTES 52 -- 5 of 57 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 † No. 5 of 2013 [Assented to 26 February 2013] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Constitution Act 1975, the Supreme Court Act 1986, the County Court Act 1958 and the Magistrates' Court Act 1989— (i) to provide for reserve judicial officers of those Courts; and Victoria -- 6 of 57 -- Part 1—Preliminary Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 2 Authorised by the Chief Parliamentary Counsel (ii) to repeal the office of acting judge and acting magistrate; and (b) to consequentially amend the Judicial Salaries Act 2004 and other Acts. 2 Commencement (1) This Act, except sections 62, 63 and 64, comes into operation on the day after the day on which it receives the Royal Assent. (2) Sections 62, 63 and 64 come into operation on a day or days to be proclaimed. __________________ s. 2 -- 7 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENTS RELATING TO THE SUPREME COURT Division 1—Amendments to the Constitution Act 1975 3 Definitions (1) In section 5 of the Constitution Act 1975 insert the following definition— "reserve Judge means a person appointed under section 81;". (2) In section 5 of the Constitution Act 1975, in the definition of Judge of the Court after "75(3)" insert "and, subject to this Act, and unless the context otherwise requires, in Part III includes a reserve Judge engaged under section 81B to undertake the duties of a Judge of the Court during any period of engagement". 4 Divisions of Court After section 75A(5) of the Constitution Act 1975 insert— '(6) In this section, a reference to "Judges of Appeal" includes any reserve Judges engaged under section 81B to undertake the duties of a Judge of Appeal during any period of engagement.'. 5 Commissions of Judges After section 77(4) of the Constitution Act 1975 insert— "(5) In this section, a reference to a Judge of the Court does not include a reserve Judge.". s. 3 See: Act No. 8750. Reprint No. 20 as at 13 October 2011. LawToday: www. legislation. vic.gov.au -- 8 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 4 Authorised by the Chief Parliamentary Counsel 6 Chief Justice and Judges of Court of Appeal At the end of section 78A of the Constitution Act 1975 insert— "(2) A reserve Judge must not be appointed as Chief Justice or President of the Court of Appeal.". 7 Seniority After section 78B(4) of the Constitution Act 1975 insert— "(5) Despite subsections (2) and (3), the Chief Justice may determine the rank, status and precedence of any reserve Judge engaged under section 81B.". 8 Governor in Council may appoint Acting Chief Justice After section 79(2) of the Constitution Act 1975 insert— "(3) A reserve Judge must not be appointed as Acting Chief Justice.". 9 Governor in Council may appoint acting President After section 79A(2) of the Constitution Act 1975 insert— "(3) A reserve Judge must not be appointed as Acting President.". 10 Appointment of acting Judges Section 80D of the Constitution Act 1975 is repealed. 11 Transitional provision—reserve Judges Section 80E of the Constitution Act 1975 is repealed. s. 6 -- 9 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 5 Authorised by the Chief Parliamentary Counsel 12 New sections 81 to 81I inserted Before section 82 of the Constitution Act 1975 insert— "81 Appointment of reserve Judges (1) The Governor in Council may appoint as many reserve Judges of the Court as are necessary for transacting the business of the Court. (2) A person is not eligible for appointment as a reserve Judge unless he or she— (a) has not attained the age of 75 years; and (b) is, or has been— (i) a Judge of the Court; or (ii) a judge of the Federal Court of Australia; or (iii) a judge of a Supreme Court (however designated) of another State, the Northern Territory or the Australian Capital Territory. (3) The instrument of appointment of a person as a reserve Judge must specify the terms and conditions of appointment. (4) A reserve Judge is eligible for re-appointment as a reserve Judge. 81A Cessation of office (1) A reserve Judge ceases to hold office on the earlier of— (a) the end of 5 years from the date of his or her appointment as a reserve Judge; or (b) attaining the age of 75 years. s. 12 -- 10 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 6 Authorised by the Chief Parliamentary Counsel (2) A reserve Judge may only be removed from office in the same way and on the same grounds as a Judge of the Court is liable to be removed from office. 81B Attorney-General may engage reserve Judge to undertake duties of Judge of the Court (1) The Attorney-General may, from time to time, by notice in writing, engage a reserve Judge to undertake the duties of a Judge of the Court— (a) on a full time basis; or (b) on a sessional basis. (2) Without limiting subsection (1), an engagement under that subsection— (a) may specify that a reserve Judge is to undertake— (i) the duties of a Judge of Appeal; (ii) the duties of a Judge of the Court other than a Judge of Appeal; (b) must specify the period of the engagement. (3) The Attorney-General does not have the power to revoke or amend a notice of engagement under subsection (1). 81C Powers, jurisdiction, immunities and protection of reserve Judge Subject to this Act and the Supreme Court Act 1986, a reserve Judge has the same powers, jurisdiction, immunities and protection as a Judge of the Court when undertaking the duties of a Judge of the Court in accordance with an engagement under section 81B. s. 12 -- 11 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 7 Authorised by the Chief Parliamentary Counsel 81D Pension rights and service not affected by being a reserve Judge (1) Service as a reserve Judge does not count as service in the office of Judge of the Court for the purposes of section 83. (2) Despite section 83(4)(i) and (ii), appointment as a reserve Judge does not affect the right of a Judge to a pension under section 83. 81E Engaging in legal practice or other paid employment Except with the approval of the Attorney- General, a reserve Judge must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of a Judge of the Court under section 81B. 81F Remuneration and entitlements of reserve Judge (1) Subject to subsection (2), each reserve Judge engaged to undertake the duties of a Judge of the Court on a full time basis under section 81B must be paid a salary in accordance with the rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office on other than a reserve basis. (2) If a reserve Judge who is engaged to undertake the duties of a Judge of the Court on a full time basis under section 81B is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or s. 12 -- 12 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 8 Authorised by the Chief Parliamentary Counsel (b) because he or she has held a public office in another jurisdiction, a non- contributory pension under any other law— the amount of pension to which the reserve Judge is entitled must be deducted from the salary payable to that reserve Judge under subsection (1). (3) Subject to subsection (4), each reserve Judge engaged to undertake the duties of a Judge of the Court on a sessional basis under section 81B must be paid the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office. (4) A reserve Judge engaged to undertake the duties of a Judge of the Court on a sessional basis under section 81B who is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because he or she has held a public office in another jurisdiction, a non- contributory pension under any other law— must be paid a salary calculated in accordance with the following formula— ⎟ ⎠ ⎞ ⎜ ⎝ ⎛ − 235 P S where— S means the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the reserve Judge; s. 12 -- 13 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 9 Authorised by the Chief Parliamentary Counsel P means the annual pension to which the reserve Judge is entitled that is referred to in paragraph (a) or (b). (5) Each reserve Judge shall be paid allowances at the rate or amount or of the kind as are for the time being applicable under the Judicial Salaries Act 2004. (6) A reserve Judge, by notice in writing to the Attorney-General, may enter into an arrangement under which the reserve Judge agrees to receive the whole or part of his or her total amount of future salary (whether or not payable at a sessional rate) as non-salary benefits of an equivalent value. (7) The notice under subsection (6) must specify a date from which the arrangement is to take effect which must be— (a) the date on which the notice is given; or (b) a later date. (8) A reserve Judge may vary or revoke a notice he or she has given under subsection (6) by notice in writing to the Attorney-General. (9) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be— (a) the date on which the notice is given; or (b) a later date. (10) In subsection (6) and section 81G, non- salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004. s. 12 -- 14 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 10 Authorised by the Chief Parliamentary Counsel 81G Appropriation of certain amounts in relation to reserve Judges The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for reserve Judges; and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of any reserve Judge; and (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any reserve Judge; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve Judge; and (e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any reserve Judge. 81H Construction of references—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 Unless inconsistent with the context or the subject matter, on and from the commencement of section 10 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a reference in any Act (other than this Act, the Supreme Court Act 1986 or the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013), subordinate instrument or any other document to an acting Judge, being an acting Judge appointed under section 80D as s. 12 -- 15 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 11 Authorised by the Chief Parliamentary Counsel in force immediately before its repeal, is to be construed as a reference to a reserve Judge so far as the reference relates to any period on or after that commencement. 81I Regulations dealing with transitional matters—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 (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 Amendment (Reserve Judicial Officers) Act 2013, 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 day on which the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 received 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 things or a class of persons or things from any of the regulations made under this section. s. 12 -- 16 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 12 Authorised by the Chief Parliamentary Counsel (3) Regulations under this section have effect despite anything to the contrary— (a) in any Act (other than the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. (4) This section is repealed on the second anniversary of the day on which it comes into operation.". 13 As to pensions of Judges of the Supreme Court and their partners and children (1) At the foot of section 83(1) of the Constitution Act 1975 insert— "Note See sections 81D and 81F as to pension entitlements and appointment as a reserve Judge.". (2) In section 83(6)(aa) of the Constitution Act 1975, after "if" insert ", before the repeal of section 80D by section 10 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013,". 14 Judges not to hold any other place of profit After section 84(5) of the Constitution Act 1975 insert— "(6) This section applies to a reserve Judge during any period of engagement under section 81B.". s. 13 -- 17 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 13 Authorised by the Chief Parliamentary Counsel Division 2—Amendments to the Supreme Court Act 1986 15 Definitions (1) In section 3(1) of the Supreme Court Act 1986 insert the following definition— "reserve Judge means a person appointed under section 81 of the Constitution Act 1975;". (2) In section 3(1) of the Supreme Court Act 1986— (a) in the definition of Judge of Appeal after "1975" insert "and, subject to this Act, and unless the context otherwise requires, includes a reserve Judge engaged under section 81B of the Constitution Act 1975 to undertake the duties of a Judge of Appeal during any period of engagement"; (b) in the definition of Judge of the Court after "1975" insert "and, subject to this Act, and unless the context otherwise requires, includes a reserve Judge engaged under section 81B of the Constitution Act 1975 to undertake the duties of a Judge of the Court during any period of engagement". 16 Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge After section 17(3) of the Supreme Court Act 1986 insert— "(4) In this section, a reference to a Judge of the Court includes a reserve Judge engaged under section 81B of the Constitution Act 1975 to undertake the duties of a Judge of the Court in the Trial Division during any period of engagement.". s. 15 See: Act No. 110/1986. Reprint No. 7 as at 1 January 2011 and amending Act Nos 50/2011, 26/2012 and 68/2012. LawToday: www. legislation. vic.gov.au -- 18 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 14 Authorised by the Chief Parliamentary Counsel 17 Power to make Rules In section 25(1) of the Supreme Court Act 1986, for "Judge who has made an election under section 80A(1) or has been appointed under section 80A(3A) of the Constitution Act 1975" substitute "reserve Judge". 18 Manner of making Rules In section 26 of the Supreme Court Act 1986, for "Judge who has made an election under section 80A(1) or has been appointed under section 80A(3A) of the Constitution Act 1975" substitute "reserve Judge". 19 Council of Judges For section 28(4) of the Supreme Court Act 1986 substitute— "(4) In this section, Judges does not include any reserve Judge or any Associate Judge.". 20 Professional development and training In section 28A(1) of the Supreme Court Act 1986 for paragraph (a) of the definition of judicial officer substitute— "(a) a Judge of the Court, including a reserve Judge; or". 21 New section 151 inserted After section 150 of the Supreme Court Act 1986 insert— "151 Regulations dealing with transitional matters—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 (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 s. 17 -- 19 of 57 -- Part 2—Amendments Relating to the Supreme Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 15 Authorised by the Chief Parliamentary Counsel result of the enactment of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, 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 day on which the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 received 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 things or a class of persons or things from any of the regulations made under this section. (3) Regulations under this section have effect despite anything to the contrary— (a) in any Act (other than the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. (4) This section is repealed on the second anniversary of the day on which it comes into operation.". __________________ s. 21 -- 20 of 57 -- Part 3—Amendments Relating to the County Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 16 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS RELATING TO THE COUNTY COURT 22 Definitions (1) In section 3(1) of the County Court Act 1958, in the definition of judge— (a) omit "or acting judge"; (b) after "Chief Judge" insert "and, subject to this Act, and unless the context otherwise requires, a reserve judge engaged under section 12B to undertake the duties of a judge during any period of engagement". (2) In section 3(1) of the County Court Act 1958 insert the following definition— "reserve judge means a person appointed under section 12;". 23 Appointment and qualification of judges After section 8(2B) of the County Court Act 1958 insert— "(2C) A reserve judge must not— (a) be appointed as Chief Judge; (b) be appointed as Acting Chief Judge; (c) act as Chief Judge.". 24 Section 11 repealed Section 11 of the County Court Act 1958 is repealed. s. 22 See: Act No. 6230. Reprint No. 14 as at 1 August 2010 and amending Act Nos 34/2010, 47/2010, 64/2010, 50/2011, 65/2011, 23/2012, 26/2012 and 68/2012. LawToday: www. legislation. vic.gov.au -- 21 of 57 -- Part 3—Amendments Relating to the County Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 17 Authorised by the Chief Parliamentary Counsel 25 New sections 12 to 12G inserted Before section 13 of the County Court Act 1958 insert— "12 Appointment of reserve judges (1) The Governor in Council may appoint as many reserve judges of the court as are necessary for transacting the business of the court. (2) A person is not eligible for appointment as a reserve judge unless he or she— (a) has not attained the age of 75 years; and (b) is, or has been— (i) a judge of the court; or (ii) a judge of a District Court (however designated) of another State. (3) The instrument of appointment of a person as a reserve judge must specify the terms and conditions of appointment. (4) A reserve judge is eligible for re-appointment as a reserve judge. 12A Cessation of office (1) A reserve judge ceases to hold office on the earlier of— (a) the end of 5 years from the date of his or her appointment as a reserve judge; or (b) attaining the age of 75 years. (2) A reserve judge may only be removed from office in the same way and on the same grounds as a judge of the court is liable to be removed from office. s. 25 -- 22 of 57 -- Part 3—Amendments Relating to the County Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 18 Authorised by the Chief Parliamentary Counsel 12B Attorney-General may engage reserve judge to undertake duties of judge of the court (1) The Attorney-General may, from time to time, by notice in writing, engage a reserve judge to undertake the duties of a judge of the court— (a) on a full time basis; or (b) on a sessional basis. (2) Without limiting subsection (1), an engagement under that subsection must specify the period of the engagement. (3) The Attorney-General does not have the power to revoke or amend a notice of engagement under subsection (1). 12C Powers, jurisdiction, immunities and protection of reserve judge Subject to this Act, a reserve judge has the same powers, jurisdiction, immunities and protection as a judge of the court when undertaking the duties of a judge of the court in accordance with an engagement under section 12B. 12D Pension rights and service not affected by being a reserve judge (1) Service as a reserve judge does not count as service in the office of judge of the court for the purposes of section 14. (2) Despite section 14(3A)(a) and (b), appointment as a reserve judge does not affect the right of a judge to a pension under section 14. s. 25 -- 23 of 57 -- Part 3—Amendments Relating to the County Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 19 Authorised by the Chief Parliamentary Counsel 12E Engaging in legal practice or other paid employment Except with the approval of the Attorney- General, a reserve judge must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of a judge of the court under section 12B. 12F Remuneration and entitlements of reserve judge (1) Subject to subsection (2), each reserve judge engaged to undertake the duties of a judge of the court on a full time basis under section 12B must be paid a salary in accordance with the rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office on other than a reserve basis. (2) If a reserve judge who is engaged to undertake the duties of a judge of the court on a full time basis under section 12B is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because he or she has held a public office in another jurisdiction, a non- contributory pension under any other law— the amount of pension to which the reserve judge is entitled must be deducted from the salary payable to that reserve judge under subsection (1). s. 25 -- 24 of 57 -- Part 3—Amendments Relating to the County Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 20 Authorised by the Chief Parliamentary Counsel (3) Subject to subsection (4), each reserve judge engaged to undertake the duties of a judge of the court on a sessional basis under section 12B must be paid the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office. (4) A reserve judge engaged to undertake the duties of a judge of the court on a sessional basis under section 12B who is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because he or she has held a public office in another jurisdiction, a non- contributory pension under any other law— must be paid a salary calculated in accordance with the following formula— ⎟ ⎠ ⎞ ⎜ ⎝ ⎛ − 235 P S where— S means the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the reserve judge; P means the annual pension to which the reserve judge is entitled that is referred to in paragraph (a) or (b). (5) Each reserve judge shall be paid allowances at the rate or amount or of the kind as are for the time being applicable under the Judicial Salaries Act 2004. s. 25 -- 25 of 57 -- Part 3—Amendments Relating to the County Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 21 Authorised by the Chief Parliamentary Counsel (6) A reserve judge, by notice in writing to the Attorney-General, may enter into an arrangement under which the reserve judge agrees to receive the whole or part of his or her total amount of future salary (whether or not payable at a sessional rate) as non-salary benefits of an equivalent value. (7) The notice under subsection (6) must specify a date from which the arrangement is to take effect which must be— (a) the date on which the notice is given; or (b) a later date. (8) A reserve judge may vary or revoke a notice he or she has given under subsection (6) by notice in writing to the Attorney-General. (9) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be— (a) the date on which the notice is given; or (b) a later date. (10) In subsection (6) and section 12G, non- salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004. 12G Appropriation of certain amounts in relation to reserve judges The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for reserve judges; and s. 25 -- 26 of 57 -- Part 3—Amendments Relating to the County Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 22 Authorised by the Chief Parliamentary Counsel (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of any reserve judge; and (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any reserve judge; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve judge; and (e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any reserve judge.". 26 Provision for pensions to County Court judges and their partners (1) At the foot of section 14(2) of the County Court Act 1958 insert— "Note See sections 12D and 12F as to pension entitlements and appointment as a reserve judge.". (2) In section 14(5)(aa) of the County Court Act 1958, after "if" insert ", before the repeal of section 11 by the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013,". 27 Professional development and training In section 17AAA(1) of the County Court Act 1958 for paragraph (a) of the definition of judicial officer substitute— "(a) a judge, including a reserve judge; or". s. 26 -- 27 of 57 -- Part 3—Amendments Relating to the County Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 23 Authorised by the Chief Parliamentary Counsel 28 Power to make rules of practice In section 78(1) and (2) of the County Court Act 1958, for "other than judges who made an election under section 13A(1), or were appointed under section 13A(3A), before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005" substitute "other than reserve judges". 29 Council of Judges In section 87(3) of the County Court Act 1958 for "judge who made an election under section 13A(1), or was appointed under section 13A(3A), before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005" substitute "reserve judge". 30 New sections 96 and 97 inserted After section 95 of the County Court Act 1958 insert— "96 Transitional provisions—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 (1) On and from the commencement of section 24 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person who held the office of acting judge under section 11 as in force immediately before its repeal is taken to hold the office of reserve judge as if he or she had been appointed as a reserve judge under section 12. (2) If a person referred to in subsection (1) was engaged under section 11 as in force immediately before its repeal on a full time or sessional basis, on and from the commencement of section 24 of the Courts s. 28 -- 28 of 57 -- Part 3—Amendments Relating to the County Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 24 Authorised by the Chief Parliamentary Counsel Legislation Amendment (Reserve Judicial Officers) Act 2013, that engagement continues until its expiry as if it were an engagement under section 12B. (3) Unless inconsistent with the context or the subject matter, on and from the commencement of section 24 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a reference in any Act (other than this Act or the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013), subordinate instrument or any other document to an acting judge, being an acting judge appointed under section 11 as in force immediately before its repeal, is to be construed as a reference to a reserve judge so far as the reference relates to any period on or after that commencement. 97 Regulations dealing with transitional matters—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 (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 Amendment (Reserve Judicial Officers) Act 2013, 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 day on which the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 received the Royal Assent; and s. 30 -- 29 of 57 -- Part 3—Amendments Relating to the County Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 25 Authorised by the Chief Parliamentary Counsel (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 things or a class of persons or things from any of the regulations made under this section. (3) Regulations under this section have effect despite anything to the contrary— (a) in any Act (other than the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. (4) This section is repealed on the second anniversary of the day on which it comes into operation.". __________________ s. 30 -- 30 of 57 -- Part 4—Amendments Relating to the Magistrates' Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 26 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENTS RELATING TO THE MAGISTRATES' COURT 31 Definitions (1) In section 3(1) of the Magistrates' Court Act 1989, in the definition of magistrate, for "an acting magistrate" substitute "a reserve magistrate engaged under section 9C to undertake the duties of a magistrate during any period of engagement". (2) In section 3(1) of the Magistrates' Court Act 1989 insert the following definition— "reserve magistrate means a person appointed under section 9A;". 32 Appointment of magistrates (1) In section 7(7A) of the Magistrates' Court Act 1989, for "was immediately prior to his or her appointment an acting magistrate, during that appointment" substitute "was appointed as a magistrate before the repeal of section 9 by the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 and immediately before that appointment as a magistrate was an acting magistrate under section 9, during that appointment as an acting magistrate,". (2) In section 7(10) of the Magistrates' Court Act 1989, for "an acting" substitute "a reserve". 33 Appointment of Acting Chief Magistrate In section 8(1) of the Magistrates' Court Act 1989, after "the magistrates" insert "(other than a reserve magistrate)". 34 Section 9 repealed Section 9 of the Magistrates' Court Act 1989 is repealed. s. 31 See: Act No. 51/1989. Reprint No. 16 as at 1 January 2012 and amending Act Nos 12/2010, 65/2011, 23/2012, 26/2012 and 48/2012. LawToday: www. legislation. vic.gov.au -- 31 of 57 -- Part 4—Amendments Relating to the Magistrates' Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 27 Authorised by the Chief Parliamentary Counsel 35 New sections 9A to 9F inserted Before section 10 of the Magistrates' Court Act 1989 insert— "9A Appointment of reserve magistrates (1) The Governor in Council may appoint as many reserve magistrates as are necessary for transacting the business of the Court. (2) A person is not eligible for appointment as a reserve magistrate unless he or she— (a) has not attained the age of 75 years; and (b) is, or has been— (i) a magistrate appointed under section 7 or any previous corresponding provision; or (ii) a magistrate of a Magistrates' Court or Local Court (however designated) of another State or the Northern Territory or the Australian Capital Territory. (3) The instrument of appointment of a person as a reserve magistrate must specify the terms and conditions of appointment. (4) A reserve magistrate is eligible for re-appointment as a reserve magistrate. 9B Cessation of office (1) A reserve magistrate ceases to hold office on the earlier of— (a) the end of 5 years from the date of his or her appointment as a reserve magistrate; or (b) attaining the age of 75 years. s. 35 -- 32 of 57 -- Part 4—Amendments Relating to the Magistrates' Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 28 Authorised by the Chief Parliamentary Counsel (2) A reserve magistrate may only be removed from office in the same way and on the same grounds as a magistrate is liable to be removed from office. 9C Attorney-General may engage reserve magistrate to undertake duties of a magistrate (1) The Attorney-General may, from time to time, by notice in writing, engage a reserve magistrate to undertake the duties of a magistrate— (a) on a full time basis; or (b) on a sessional basis. (2) Without limiting subsection (1), an engagement under that subsection must specify the period of the engagement. (3) The Attorney-General does not have the power to revoke or amend a notice of engagement under subsection (1). 9D Pension rights and service of Chief Magistrate not affected by being a reserve magistrate (1) Despite section 10A(2), appointment as a reserve magistrate does not affect the right of a person who was the Chief Magistrate before that appointment to a pension under section 10A. (2) Service as a reserve magistrate does not count as service in the office of Chief Magistrate for the purposes of section 10A. s. 35 -- 33 of 57 -- Part 4—Amendments Relating to the Magistrates' Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 29 Authorised by the Chief Parliamentary Counsel 9E Powers, jurisdiction, immunities and protection of reserve magistrate Subject to this Act, a reserve magistrate has the same powers, jurisdiction, immunities and protection as a magistrate when undertaking the duties of a magistrate in accordance with an engagement under section 9C. 9F Engaging in legal practice or other paid employment Except with the approval of the Attorney- General, a reserve magistrate must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of a magistrate under section 9C.". 36 Salaries In section 10(2) of the Magistrates' Court Act 1989, for "acting" substitute "reserve". 37 Assignment of duties In section 13(3) of the Magistrates' Court Act 1989, for "an acting" substitute "a reserve". 38 Council of magistrates (1) In section 15(1) of the Magistrates' Court Act 1989 omit "(not including any acting magistrate)". (2) After section 15(3) of the Magistrates' Court Act 1989 insert— '(4) In this section, "magistrate" does not include a reserve magistrate.'. s. 36 -- 34 of 57 -- Part 4—Amendments Relating to the Magistrates' Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 30 Authorised by the Chief Parliamentary Counsel 39 Salaries and allowances of magistrates For Part 2 of Schedule 1 to the Magistrates' Court Act 1989 substitute— "PART 2—RESERVE MAGISTRATES 11 Remuneration and entitlements of reserve magistrate (1) Subject to subclause (2), each reserve magistrate engaged to undertake the duties of a magistrate on a full time basis under section 9C must be paid a salary in accordance with the rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office on other than a reserve basis. (2) If a reserve magistrate who is engaged to undertake the duties of a magistrate on a full time basis under section 9C is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because he or she has held a public office in another jurisdiction, a non- contributory pension under any other law— the amount of pension to which the reserve magistrate is entitled must be deducted from the salary payable to that reserve magistrate under subclause (1). (3) Subject to subclause (4), each reserve magistrate engaged to undertake the duties of a magistrate on a sessional basis under section 9C must be paid the sessional rate for the time being applicable under the Judicial s. 39 -- 35 of 57 -- Part 4—Amendments Relating to the Magistrates' Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 31 Authorised by the Chief Parliamentary Counsel Salaries Act 2004 to the holder of that office. (4) A reserve magistrate engaged to undertake the duties of a magistrate on a sessional basis under section 9C who is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because he or she has held a public office in another jurisdiction, a non- contributory pension under any other law— must be paid a salary calculated in accordance with the following formula— ⎟ ⎠ ⎞ ⎜ ⎝ ⎛ − 235 P S where— S means the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the reserve magistrate; P means the annual pension to which the reserve magistrate is entitled that is referred to in paragraph (a) or (b). (5) Each reserve magistrate shall be paid allowances at the rate or amount or of the kind as are for the time being applicable under the Judicial Salaries Act 2004. (6) A reserve magistrate, by notice in writing to the Attorney-General, may enter into an arrangement under which the reserve magistrate agrees to receive the whole or part of his or her total amount of future salary s. 39 -- 36 of 57 -- Part 4—Amendments Relating to the Magistrates' Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 32 Authorised by the Chief Parliamentary Counsel (whether or not payable at a sessional rate) as non-salary benefits of an equivalent value. (7) The notice under subclause (6) must specify a date from which the arrangement is to take effect which must be— (a) the date on which the notice is given; or (b) a later date. (8) A reserve magistrate may vary or revoke a notice he or she has given under subclause (6) by notice in writing to the Attorney- General. (9) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be— (a) the date on which the notice is given; or (b) a later date. (10) In subclause (6) and clause 12, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004. 12 Appropriation of certain amounts in relation to reserve magistrates The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for any reserve magistrate; and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of any reserve magistrate; and s. 39 -- 37 of 57 -- Part 4—Amendments Relating to the Magistrates' Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 33 Authorised by the Chief Parliamentary Counsel (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any reserve magistrate; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve magistrate; and (e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any reserve magistrate.". 40 Savings and transitional provisions After clause 49 of Schedule 8 to the Magistrates' Court Act 1989 insert— "50 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 (1) On and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person who held the office of acting magistrate under section 9 as in force immediately before its repeal who is not eligible to be a reserve magistrate under section 9A, but is eligible to be a magistrate under section 7, is taken to hold the office of magistrate as if he or she had been appointed as a magistrate under section 7 on the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013. (2) On and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person other than a person referred to in subsection (1) who held the s. 40 -- 38 of 57 -- Part 4—Amendments Relating to the Magistrates' Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 34 Authorised by the Chief Parliamentary Counsel office of acting magistrate under section 9 as in force immediately before its repeal is taken to hold the office of reserve magistrate as if he or she had been appointed as a reserve magistrate under section 9A. (3) If a person referred to in subclause (2) was required to undertake the duties of a magistrate under section 9(4) as in force immediately before its repeal on a full time or sessional basis, on and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, that requirement continues until its expiry as if it were an engagement under section 9C. (4) If, immediately before the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person referred to in subclause (1) or (2) was assigned under section 93 of the Coroners Act 2008 to be a coroner for the Coroners Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act. (5) If, immediately before the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person referred to in subclause (1) or (2) was assigned under section 507 of the Children, Youth and Families Act 2005 to be a magistrate for the Children's Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act. s. 40 -- 39 of 57 -- Part 4—Amendments Relating to the Magistrates' Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 35 Authorised by the Chief Parliamentary Counsel (6) Unless inconsistent with the context or the subject matter, on and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a reference in any Act (other than this Act or the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013), subordinate instrument or any other document to an acting magistrate, being an acting magistrate appointed under section 9 as in force immediately before its repeal, is to be construed as a reference to a reserve magistrate so far as the reference relates to any period on or after that commencement. 51 Regulations dealing with transitional matters—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 (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 Amendment (Reserve Judicial Officers) Act 2013, including the repeals and amendments made by that Act. (2) Regulations made under this clause may— (a) have a retrospective effect to a day on or from the day on which the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 received 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 s. 40 -- 40 of 57 -- Part 4—Amendments Relating to the Magistrates' Court Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 36 Authorised by the Chief Parliamentary Counsel (d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this clause. (3) Regulations under this clause have effect despite anything to the contrary— (a) in any Act (other than the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. (4) This clause is repealed on the second anniversary of the day on which it comes into operation.". __________________ s. 40 -- 41 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 37 Authorised by the Chief Parliamentary Counsel PART 5—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS Division 1—Judicial Remuneration Tribunal Act 1995 and Judicial Salaries Act 2004 41 Definitions—Judicial Remuneration Tribunal Act 1995 In section 3 of the Judicial Remuneration Tribunal Act 1995— (a) in the definition of recommendation for "acting magistrates" substitute "reserve office holders"; (b) after the definition of recommendation insert— "reserve office holder means— (a) in the case of the Supreme Court, a reserve Judge within the meaning of the Constitution Act 1975 engaged under section 81B of that Act to undertake the duties of a Judge of the Court; (b) in the case of the County Court, a reserve judge within the meaning of the County Court Act 1958 engaged under section 12B of that Act to undertake the duties of a judge of the court; (c) in the case of the Magistrates' Court, a reserve magistrate within the meaning of the Magistrates' Court Act 1989 engaged under section 9C of that Act to undertake the duties of a magistrate;". See: Act No. 22/1995. Reprint No. 1 as at 22 June 2005 and amending Act Nos 80/2006, 24/2008, 77/2008 and 68/2012. LawToday: www. legislation. vic.gov.au s. 41 -- 42 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 38 Authorised by the Chief Parliamentary Counsel 42 Functions of the Tribunal In section 11(1)(c) of the Judicial Remuneration Tribunal Act 1995, for "office, acting judges and acting magistrates" substitute "office or reserve office holders". 43 Advisory opinions In section 11A of the Judicial Remuneration Tribunal Act 1995— (a) in subsection (2) for "acting magistrates" substitute "reserve office holders"; (b) subsection (3) is repealed. 44 Attorney-General's certificate In section 15(1) of the Judicial Remuneration Tribunal Act 1995— (a) in paragraph (a) for "office, acting judges or acting magistrates" substitute "office or reserve office holders"; (b) in paragraph (c) for "acting judges or acting magistrates" substitute "reserve office holders". 45 Definitions—Judicial Salaries Act 2004 In section 3(1) of the Judicial Salaries Act 2004 insert the following definitions— "reserve judge of the County Court means a reserve judge within the meaning of the County Court Act 1958 engaged under section 12B of that Act to undertake the duties of a judge of the court; reserve Judge of the Supreme Court means a reserve Judge within the meaning of the Constitution Act 1975 engaged under section 81B of that Act to undertake the duties of a Judge of the Court; s. 42 See: Act No. 38/2004. Reprint No. 1 as at 20 May 2010 and amending Act No. 34/2010. LawToday: www. legislation. vic.gov.au -- 43 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 39 Authorised by the Chief Parliamentary Counsel reserve magistrate means a reserve magistrate within the meaning of the Magistrates' Court Act 1989 engaged under section 9C of that Act to undertake the duties of a magistrate;". 46 Salaries of other judicial officers and remuneration of acting magistrates (2005 onwards) (1) In the heading to section 6 of the Judicial Salaries Act 2004, for "acting magistrates" substitute "reserve magistrates". (2) After section 6(3) of the Judicial Salaries Act 2004 insert— "(3AA) Subsections (2A), (2B) and (3) cease to have effect on the commencement of section 3 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013. (3AAB) A reserve Judge of the Supreme Court performing the duties of a Judge on a sessional basis is entitled to be paid from time to time remuneration at the rate per sitting day which is 1/235th of the annual salary of a Supreme Court Judge who is not a reserve Judge. (3AAC) A reserve judge of the County Court performing the duties of a judge on a sessional basis is entitled to be paid from time to time remuneration at the rate per sitting day which is 1/235th of the annual salary of a judge of the County Court (other than the Chief Judge) who is not a reserve judge. (3AAD) A reserve magistrate performing the duties of a magistrate on a sessional basis is entitled to be paid from time to time remuneration at the rate per sitting day which is 1/235th of the annual salary of a magistrate (other than s. 46 -- 44 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 40 Authorised by the Chief Parliamentary Counsel the Chief Magistrate and the Deputy Chief Magistrates) who is not a reserve magistrate.". 47 Allowances of judicial officers In section 7(2) of the Judicial Salaries Act 2004 for "an acting" (wherever occurring) substitute "a reserve". Division 2—Amendments to other Acts 48 Definitions—Children, Youth and Families Act 2005 (1) In section 3(1) of the Children, Youth and Families Act 2005, insert the following definitions— "reserve judge has the same meaning as it has in the County Court Act 1958; reserve magistrate has the same meaning as it has in the Magistrates' Court Act 1989;". (2) In section 3(1) of the Children, Youth and Families Act 2005, in the definition of magistrate after "the Court" insert "and includes a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate and assigned to be a magistrate of the Court under section 507". 49 President, magistrate or acting magistrate to be in attendance (1) In the heading to section 506 of the Children, Youth and Families Act 2005, for "acting" substitute "reserve". (2) In section 506 of the Children, Youth and Families Act 2005, for "an acting magistrate" substitute "a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989". s. 47 See: Act No. 96/2005. Reprint No. 3 as at 1 January 2011 and amending Act Nos 51/2006, 53/2010, 27/2011, 29/2011, 54/2011, 80/2011, 20/2012, 23/2012, 26/2012 and 48/2012. LawToday: www. legislation. vic.gov.au -- 45 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 41 Authorised by the Chief Parliamentary Counsel 50 Assignment of magistrates or acting magistrates (1) In the heading to section 507 of the Children, Youth and Families Act 2005, for "acting" substitute "reserve". (2) In section 507(1) of the Children, Youth and Families Act 2005, for "as an acting magistrate under section 9 of that Act" substitute "as a reserve magistrate". (3) In section 507(2) of the Children, Youth and Families Act 2005, for "acting magistrate" (where twice occurring) substitute "reserve magistrate". (4) In section 507(3) of the Children, Youth and Families Act 2005, for "acting magistrate" substitute "reserve magistrate". (5) In section 507(4) of the Children, Youth and Families Act 2005, for "acting magistrate" (wherever occurring) substitute "reserve magistrate". (6) After section 507(4) of the Children, Youth and Families Act 2005 insert— "(5) A reserve magistrate assigned under this section to be a magistrate for the Court may only exercise powers of a magistrate for the Court when the reserve magistrate is engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate.". 51 President In section 508(2) of the Children, Youth and Families Act 2005, after "judge of the County Court" insert "(other than a reserve judge)". s. 50 -- 46 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 42 Authorised by the Chief Parliamentary Counsel 52 Acting President In section 509(1) of the Children, Youth and Families Act 2005, after "magistrate" insert "(other than a reserve magistrate)". 53 Assignment of duties In section 510(1) of the Children, Youth and Families Act 2005, after "for the Court" insert ", including a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate and assigned to the Court". 54 Delegation by President At the end of section 511 of the Children, Youth and Families Act 2005 insert— '(2) In this section, "magistrate for the Court" does not include a reserve magistrate.'. 55 Protection of magistrates or acting magistrates (1) In the heading to section 513 of the Children, Youth and Families Act 2005, for "acting" substitute "reserve". (2) In section 513 of the Children, Youth and Families Act 2005, for "or acting magistrate" substitute ", or a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989,". 56 Rules After section 588(2) of the Children, Youth and Families Act 2005 insert— '(3) In this section, "magistrate" or "magistrate for the Court" does not include a reserve magistrate.'. s. 52 -- 47 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 43 Authorised by the Chief Parliamentary Counsel 57 Definitions—Coroners Act 2008 (1) In section 3(1) of the Coroners Act 2008, in the definition of coroner, in paragraph (c) for "acting magistrate" substitute "reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989". (2) In section 3(1) of the Coroners Act 2008, insert the following definitions— "reserve judge has the same meaning as it has in the County Court Act 1958; reserve magistrate has the same meaning as it has in the Magistrates' Court Act 1989;". 58 State Coroner In section 91(2) of the Coroners Act 2008, after "a judge of the County Court" insert "(other than a reserve judge)". 59 Deputy State Coroner In section 92(2) of the Coroners Act 2008, after "magistrate" insert "(other than a reserve magistrate)". 60 Assignment of magistrates and acting magistrates to be coroners (1) In the heading to section 93 of the Coroners Act 2008, for "acting" substitute "reserve". (2) In section 93(1) of the Coroners Act 2008, for "an acting magistrate under section 9 of that Act" substitute "a reserve magistrate". (3) In section 93(2) of the Coroners Act 2008, for "acting magistrate" (where twice occurring) substitute "reserve magistrate". (4) In section 93(3) of the Coroners Act 2008, for "acting" substitute "reserve". See: Act No. 77/2008. Reprint No. 1 as at 21 July 2011 and amending Act No. 52/2012. LawToday: www. legislation. vic.gov.au s. 57 -- 48 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 44 Authorised by the Chief Parliamentary Counsel (5) In section 93(4) of the Coroners Act 2008, for "acting magistrate" (wherever occurring) substitute "reserve magistrate". (6) After section 93(4) of the Coroners Act 2008 insert— "(5) A reserve magistrate assigned under this section to be a coroner may only exercise powers of a coroner when the reserve magistrate is engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate.". 61 Rules of the Coroners Court After section 105(3) of the Coroners Act 2008 insert— '(4) In this section, "coroner" does not include a reserve magistrate.'. 62 Definitions—Independent Broad-based Anti- corruption Commission Act 2011 In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, in the definition of judicial officer— (a) after paragraph (a) insert— "(ab) a reserve Judge of the Supreme Court;"; (b) after paragraph (d) insert— "(da) a reserve judge of the County Court;"; (c) after paragraph (f) insert— "(fa) a reserve magistrate;". s. 61 See: Act No. 66/2011 and amending Act Nos 66/2011, 70/2011, 13/2012, 28/2012 and 52/2012. LawToday: www. legislation. vic.gov.au -- 49 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 45 Authorised by the Chief Parliamentary Counsel 63 Definitions—Ombudsman Act 1973 (1) In section 2(1) of the Ombudsman Act 1973, in the definition of acting coroner, in paragraph (a) for "an acting" substitute "a reserve". (2) In clause 7 of Schedule 2 to the Ombudsman Act 1973— (a) for paragraph (c) substitute— "(c) a reserve Judge within the meaning of the Constitution Act 1975;"; (b) in paragraph (d) for "an acting Judge" substitute "a reserve Judge"; (c) for paragraph (g) substitute— "(g) a reserve judge within the meaning of the County Court Act 1958;"; (d) in paragraph (h) for "an acting judge" substitute "a reserve judge"; (e) for paragraph (j) substitute— "(j) a reserve magistrate within the meaning of the Magistrates' Court Act 1989;"; (f) in paragraph (k) for "an acting magistrate" substitute "a reserve magistrate". 64 Definitions—Protected Disclosure Act 2012 (1) In section 3 of the Protected Disclosure Act 2012, in the definition of acting coroner, in paragraph (a) for "an acting" substitute "a reserve". (2) In section 3 of the Protected Disclosure Act 2012, in the definition of judicial officer— (a) for paragraph (c) substitute— "(c) a reserve Judge within the meaning of the Constitution Act 1975;"; See: Act No. 8414. Reprint No. 8 as at 7 March 2008 and amending Act Nos 65/2007, 34/2008, 27/2009, 69/2009, 29/2011, 66/2011, 70/2011, 72/2011, 6/2012, 43/2012 and 52/2012. LawToday: www. legislation. vic.gov.au s. 63 -- 50 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 46 Authorised by the Chief Parliamentary Counsel (b) in paragraph (d) for "an acting Judge" substitute "a reserve Judge"; (c) for paragraph (g) substitute— "(g) a reserve judge within the meaning of the County Court Act 1958;"; (d) in paragraph (h) for "an acting judge" substitute "a reserve judge"; (e) for paragraph (j) substitute— "(j) a reserve magistrate within the meaning of the Magistrates' Court Act 1989;"; (f) in paragraph (k) for "an acting magistrate" substitute "a reserve magistrate". 65 Public Administration Act 2004—Schedule 1A In Schedule 1A to the Public Administration Act 2004— (a) in clause 2(a) for "acting" substitute "reserve"; (b) in clause 2(b) for "acting" substitute "reserve". 66 Definitions—Victims of Crime Assistance Act 1996 In section 3 of the Victims of Crime Assistance Act 1996 in the definition of member for "acting magistrate" substitute "reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989". See: Act No. 108/2004. Reprint No. 3 as at 26 July 2012 and amending Act Nos 6/2012 and 20/2012. LawToday: www. legislation. vic.gov.au s. 65 See: Act No. 81/1996. Reprint No. 5 as at 16 June 2011. LawToday: www. legislation. vic.gov.au -- 51 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 47 Authorised by the Chief Parliamentary Counsel 67 Establishment In section 19(2) of the Victims of Crime Assistance Act 1996 for "acting magistrate under section 9" substitute "reserve magistrate engaged under section 9C". 68 Validity of proceedings In section 22 of the Victims of Crime Assistance Act 1996 for "acting magistrate" substitute "reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989". 69 Definitions—Victorian Civil and Administrative Tribunal Act 1998 In section 3 of the Victorian Civil and Administrative Tribunal Act 1998— (a) the definition of acting judge is repealed; (b) for the definition of reserve judge substitute— "reserve judge means— (a) in relation to the Supreme Court, a reserve Judge within the meaning of the Constitution Act 1975; (b) in relation to the County Court, a reserve judge within the meaning of the County Court Act 1958;". 70 President In section 10(1) of the Victorian Civil and Administrative Tribunal Act 1998 after "Supreme Court" insert "(other than a reserve Judge of the Supreme Court)". s. 67 See: Act No. 53/1998. Reprint No. 7 as at 1 January 2011 and amending Act Nos 11/2010, 16/2010, 74/2010, 6/2012, 20/2012, 21/2012, 22/2012, 27/2012 and 63/2012. LawToday: www. legislation. vic.gov.au -- 52 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 48 Authorised by the Chief Parliamentary Counsel 71 Vice Presidents In section 11(2) of the Victorian Civil and Administrative Tribunal Act 1998 after "County Court" insert "(other than a reserve judge of the County Court)". 72 Short-term Vice Presidents (1) In section 11A of the Victorian Civil and Administrative Tribunal Act 1998— (a) in subsection (1) omit "of the County Court or acting judges of the Supreme Court or County Court"; (b) in subsection (2) omit "or an acting judge"; (c) in subsections (2A) and (3) (wherever occurring) omit "or an acting judge"; (d) in subsection (4)— (i) omit "or an acting judge" (wherever occurring); and (ii) omit "salary,"; (e) in subsection (5) omit "or acting". (2) For section 11A(6) of the Victorian Civil and Administrative Tribunal Act 1998 substitute— "(6) A reserve judge appointed under this section may only exercise powers of a Vice President when the reserve judge is engaged under section 81B of the Constitution Act 1975, or section 12B of the County Court Act 1958, to undertake the duties of a judge of the applicable court.". 73 Vacation of office In section 21(1) of the Victorian Civil and Administrative Tribunal Act 1998 omit "or acting judge". s. 71 -- 53 of 57 -- Part 5—Consequential Amendments to Other Acts Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 49 Authorised by the Chief Parliamentary Counsel 74 Acting President (1) In section 26(3) of the Victorian Civil and Administrative Tribunal Act 1998 after "Court" insert "(other than a reserve judge)". (2) After section 26(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert— "(3A) A Vice President appointed under section 11A must not be appointed as acting President.". 75 Acting Vice President In section 27(3) of the Victorian Civil and Administrative Tribunal Act 1998 after "Court" insert "(other than a reserve judge)". 76 Additional acting judicial appointments (1) In section 29(1) of the Victorian Civil and Administrative Tribunal Act 1998 after "Supreme Court" insert "(other than a reserve Judge)". (2) In section 29(2) of the Victorian Civil and Administrative Tribunal Act 1998 after "County Court" insert "(other than a reserve judge)". 77 Membership In section 152(1)(b) of the Victorian Civil and Administrative Tribunal Act 1998 after "Vice President" insert "(other than a reserve judge)". __________________ s. 74 -- 54 of 57 -- Part 6—Amendments to Children, Youth and Families Act 2005—Youth Parole Board and Youth Residential Board Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 50 Authorised by the Chief Parliamentary Counsel PART 6—AMENDMENTS TO CHILDREN, YOUTH AND FAMILIES ACT 2005—YOUTH PAROLE BOARD AND YOUTH RESIDENTIAL BOARD 78 Alternate members—Youth Residential Board After section 433(1) of the Children, Youth and Families Act 2005 insert— "(1A) For the purposes of subsection (1)(a), a reserve judge may be nominated and appointed as an alternate member for the chairperson of the Youth Residential Board. (1B) For the purposes of section 14(3A)(a) and (b) of the County Court Act 1958, the office of alternate member under subsection (1)(a) is not to be taken to be a judicial office or an office or place of profit under the Crown.". 79 Alternate members—Youth Parole Board After section 444(1) of the Children, Youth and Families Act 2005 insert— "(1A) For the purposes of subsection (1)(a), a reserve judge may be nominated and appointed as an alternate member for the chairperson of the Youth Parole Board. (1B) For the purposes of section 14(3A)(a) and (b) of the County Court Act 1958, the office of alternate member under subsection (1)(a) is not to be taken to be a judicial office or an office or place of profit under the Crown.". __________________ s. 78 -- 55 of 57 -- Part 7—Repeal of Amending Act Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 51 Authorised by the Chief Parliamentary Counsel PART 7—REPEAL OF AMENDING ACT 80 Repeal of amending Act This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation. 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). ═══════════════ s. 80 -- 56 of 57 -- Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 No. 5 of 2013 52 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 13 December 2012 Legislative Council: 7 February 2013 The long title for the Bill for this Act was "A Bill for an Act to amend the Constitution Act 1975, the Supreme Court Act 1986 and the County Court Act 1958 to provide for the office of reserve judge, to amend the Magistrates' Court Act 1989 to provide for the office of reserve magistrate, to repeal the offices of acting judge and acting magistrate and to consequentially amend the Judicial Salaries Act 2004 and other Acts and for other purposes." Constitution Act 1975: Absolute majorities: Legislative Assembly: 7 February 2013 Legislative Council: 21 February 2013 Endnotes -- 57 of 57 --