Justice Legislation Amendment (Miscellaneous) Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Justice Legislation Amendment (Miscellaneous) Act 2012 No. 68 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—ACCIDENT COMPENSATION ACT 1985 3 3 Giving of reasons 3 4 New Division 14 inserted into Part IX 3 390 Effect of repeal of section 134AE 3 PART 3—JUDICIAL REMUNERATION TRIBUNAL ACT 1995 5 5 Reports 5 PART 4—SUPREME COURT ACT 1986 6 6 Business may be disposed of by judicial registrars if Rules so permit 6 7 Power to make Rules 6 PART 5—COUNTY COURT ACT 1958 8 8 Provision for pensions to County Court judges and their partners 8 PART 6—AMENDMENT OF THE TERRORISM (COMMUNITY PROTECTION) ACT 2003 9 9 Review 9 PART 7—REPEAL OF AMENDING ACT 10 10 Repeal of amending Act 10 ═══════════════ ENDNOTES 11 -- 1 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Justice Legislation Amendment (Miscellaneous) Act 2012 † No. 68 of 2012 [Assented to 20 November 2012] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are— (a) to repeal section 134AE of the Accident Compensation Act 1985, which requires the court to give detailed reasons when deciding a worker's application for leave to proceed with a common law claim for damages in respect of serious injury; Victoria -- 2 of 12 -- Part 1—Preliminary Justice Legislation Amendment (Miscellaneous) Act 2012 No. 68 of 2012 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Judicial Remuneration Tribunal Act 1995 to remove the requirement that the Tribunal report to the Attorney-General at specified intervals; (c) to amend the Supreme Court Act 1986 to clarify the rule making powers in relation judicial registrars; (d) to amend the County Court Act 1958 in relation to recognition of service for pension entitlements; (e) to amend the Terrorism (Community Protection) Act 2003 to extend the date for tabling a report on the operation of that Act. 2 Commencement (1) This Act, except Part 2, comes into operation on the day after the day on which this Act receives the Royal Assent. (2) Part 2 comes into operation on 1 January 2013. __________________ s. 2 -- 3 of 12 -- Part 2—Accident Compensation Act 1985 Justice Legislation Amendment (Miscellaneous) Act 2012 No. 68 of 2012 3 Authorised by the Chief Parliamentary Counsel PART 2—ACCIDENT COMPENSATION ACT 1985 3 Giving of reasons Section 134AE of the Accident Compensation Act 1985 is repealed. 4 New Division 14 inserted into Part IX After Division 13 of Part IX of the Accident Compensation Act 1985 insert— "Division 14—Justice Legislation Amendment (Miscellaneous) Act 2012 390 Effect of repeal of section 134AE (1) If an application for leave to bring proceedings under section 134AB(16)(b) has been made and heard but a decision has not been made on that application before 1 January 2013, on and from 1 January 2013, the court, in deciding that application, must give reasons as if section 134AE had not been repealed. (2) Despite section 14(2) of the Interpretation of Legislation Act 1984, in relation to an application for leave to bring proceedings under section 134AB(16)(b) commenced before 1 January 2013, other than an application referred to in subsection (1), on See: Act No. 10191. Reprint No. 18 as at 1 July 2011 and amending Act Nos 80/2010, 76/2011, 18/2012, 22/2012, 27/2012 and 43/2012. LawToday: www. legislation. vic.gov.au s. 3 -- 4 of 12 -- Part 2—Accident Compensation Act 1985 Justice Legislation Amendment (Miscellaneous) Act 2012 No. 68 of 2012 4 Authorised by the Chief Parliamentary Counsel and from 1 January 2013, the repeal of section 134AE takes effect for the purposes of deciding that application.". __________________ s. 4 -- 5 of 12 -- Part 3—Judicial Remuneration Tribunal Act 1995 Justice Legislation Amendment (Miscellaneous) Act 2012 No. 68 of 2012 5 Authorised by the Chief Parliamentary Counsel PART 3—JUDICIAL REMUNERATION TRIBUNAL ACT 1995 5 Reports For section 13(1) of the Judicial Remuneration Tribunal Act 1995 substitute— "(1) In the case of a recommendation, the Tribunal may report to the Attorney-General as the Tribunal considers appropriate.". __________________ See: Act No. 22/1995. Reprint No. 1 as at 22 June 2005 and amending Act Nos 80/2006, 24/2008 and 77/2008. LawToday: www. legislation. vic.gov.au s. 5 -- 6 of 12 -- Part 4—Supreme Court Act 1986 Justice Legislation Amendment (Miscellaneous) Act 2012 No. 68 of 2012 6 Authorised by the Chief Parliamentary Counsel PART 4—SUPREME COURT ACT 1986 6 Business may be disposed of by judicial registrars if Rules so permit In section 17AA of the Supreme Court Act 1986, for paragraphs (a) and (b) substitute— "(a) the matter falls within a particular class of matters and provision is made by the Rules for the Court constituted by a judicial registrar to hear and determine a matter of that class; or (b) provision is made by the Rules for a Judge or an Associate Judge to refer any matter (whether or not it falls within a particular class of matter) to a judicial registrar for hearing and determination and a Judge or an Associate Judge so refers the matter— and the Rules provide for the delegation to judicial registrars of all or any powers of the Court in relation to the hearing and determination of such a matter or class of matter.". 7 Power to make Rules (1) For section 25(1)(de) of the Supreme Court Act 1986 substitute— "(de) the prescription of classes of matters (whether civil or criminal) which may be heard and determined by the Court constituted by a judicial registrar; (dea) without limiting paragraph (dg), the referral by a Judge or an Associate Judge of any matter (whether civil or criminal and whether or not it falls within a particular class of matter) to the Court constituted by a judicial registrar for hearing and determination;". See: Act No. 110/1986. Reprint No. 7 as at 1 January 2011 and amending Act Nos 50/2011 and 26/2012. LawToday: www. legislation. vic.gov.au s. 6 -- 7 of 12 -- Part 4—Supreme Court Act 1986 Justice Legislation Amendment (Miscellaneous) Act 2012 No. 68 of 2012 7 Authorised by the Chief Parliamentary Counsel (2) In section 25(1)(df) of the Supreme Court Act 1986 for "proceedings prescribed under paragraph (de)" substitute "matters to be heard and determined by judicial registrars in accordance with the Rules". __________________ s. 7 -- 8 of 12 -- Part 5—County Court Act 1958 Justice Legislation Amendment (Miscellaneous) Act 2012 No. 68 of 2012 8 Authorised by the Chief Parliamentary Counsel PART 5—COUNTY COURT ACT 1958 8 Provision for pensions to County Court judges and their partners After section 14(5)(ab) of the County Court Act 1958 insert— "(aba) if any judge under this Act was, immediately prior to his or her appointment, the Chief Magistrate and his or her appointment as Chief Magistrate was made on or after 6 March 2001, his or her service as the Chief Magistrate shall count as service in the office of judge under this Act;". __________________ See: Act No. 6230/1958. Reprint No. 14 as at 1 August 2010 and amending Act Nos 34/2010, 47/2010, 64/2010, 50/2011, 65/2011, 23/2012 and 26/2012. LawToday: www. legislation. vic.gov.au s. 8 -- 9 of 12 -- Part 6—Amendment of the Terrorism (Community Protection) Act 2003 Justice Legislation Amendment (Miscellaneous) Act 2012 No. 68 of 2012 9 Authorised by the Chief Parliamentary Counsel PART 6—AMENDMENT OF THE TERRORISM (COMMUNITY PROTECTION) ACT 2003 9 Review In section 38(1) and (2) of the Terrorism (Community Protection) Act 2003, for "30 June 2013" substitute "31 December 2013". __________________ See: Act No. 7/2003. Reprint No. 2 as at 7 May 2009 and amending Act Nos 46/2008, 25/2009, 68/2009, 69/2009, 33/2011 and 56/2011. LawToday: www. legislation. vic.gov.au. s. 9 -- 10 of 12 -- Part 7—Repeal of Amending Act Justice Legislation Amendment (Miscellaneous) Act 2012 No. 68 of 2012 10 Authorised by the Chief Parliamentary Counsel PART 7—REPEAL OF AMENDING ACT 10 Repeal of amending Act This Act is repealed on 1 January 2014. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 10 -- 11 of 12 -- Justice Legislation Amendment (Miscellaneous) Act 2012 No. 68 of 2012 11 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 10 October 2012 Legislative Council: 25 October 2012 The long title for the Bill for this Act was "A Bill for an Act to repeal section 134AE of the Accident Compensation Act 1985, to amend the Judicial Remuneration Tribunal Act 1995 regarding reporting periods, to amend rule making powers in the Supreme Court Act 1986, to amend the County Court Act 1958 in relation to recognition of service for pension entitlements, to amend the Terrorism (Community Protection) Act 2003 to extend the date for tabling a report on the operation of that Act and for other purposes." Endnotes -- 12 of 12 --