Victoria Law Foundation Amendment Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Victoria Law Foundation Amendment Act 2011 No. 19 of 2011 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Principal Act 2 4 Constitution and membership of the Foundation 2 7 Constitution and membership of the Foundation 2 5 Terms and conditions of office of members 4 6 New section 8A inserted 4 8A Terms and conditions of office of members—Chief Justice's nominee 4 7 Meetings 5 8 Transitional provisions 5 15 Transitional provisions—Victoria Law Foundation Amendment Act 2011 5 9 Repeal of Amending Act 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Victoria Law Foundation Amendment Act 2011 † No. 19 of 2011 [Assented to 31 May 2011] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Victoria Law Foundation Act 2009 in relation to the constitution and membership of the Victoria Law Foundation. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day to be proclaimed. Victoria -- 2 of 9 -- Victoria Law Foundation Amendment Act 2011 No. 19 of 2011 2 Authorised by the Chief Parliamentary Counsel (2) If this Act does not come into operation before 1 August 2011, it comes into operation on that day. 3 Principal Act In this Act, the Victoria Law Foundation Act 2009 is called the Principal Act. 4 Constitution and membership of the Foundation For section 7 of the Principal Act substitute— "7 Constitution and membership of the Foundation (1) The Foundation consists of 6 members— (a) one of whom must be— (i) the Chief Justice of the Supreme Court of Victoria; or (ii) a person nominated by the Chief Justice; and (b) five of whom must be appointed by the Minister. (2) Of the members appointed by the Minister under subsection (1)(b)— (a) one is to be appointed on the nomination of the Law Institute of Victoria; and (b) one is to be appointed on the nomination of the Victorian Bar; and See: Act No. 10/2009. LawToday: www. legislation. vic.gov.au s. 3 -- 3 of 9 -- Victoria Law Foundation Amendment Act 2011 No. 19 of 2011 3 Authorised by the Chief Parliamentary Counsel (c) one is to be appointed on the nomination of the Federation of Community Legal Centres (Vic.) Inc; and (d) two are to be appointed by the Minister having regard, as far as is practicable, to the need for the Foundation collectively to have experience and skills in, and knowledge of, the following areas— (i) the law, legal research or community education; (ii) management of community organisations, not-for-profit organisations or bodies corporate; (iii) financial management; (iv) grants administration; (v) marketing, communications and publishing. (3) At least 3 of the members of the Foundation must be lawyers. (4) The Chairperson of the Foundation is— (a) the Chief Justice; or (b) if the Chief Justice has nominated a person under subsection (1)(a)(ii), that person.". s. 4 -- 4 of 9 -- Victoria Law Foundation Amendment Act 2011 No. 19 of 2011 4 Authorised by the Chief Parliamentary Counsel 5 Terms and conditions of office of members (1) For the heading to section 8 of the Principal Act substitute— "Terms and conditions of office of members— members other than the Chief Justice and the Chief Justice's nominee". (2) For section 8(1) of the Principal Act substitute— "(1) Subject to this section, a member appointed under section 7(1)(b) holds office for a term of 3 years from the date of the member's appointment.". (3) For section 8(5) of the Principal Act substitute— "(5) The Minister must as soon as practicable after a nominated member referred to in section 7(2)(a), (b) or (c) resigns or is removed from office appoint a replacement member on the nomination of the body that nominated the former member.". 6 New section 8A inserted After section 8 of the Principal Act insert— "8A Terms and conditions of office of members—Chief Justice's nominee (1) Subject to this section, if a person is nominated by the Chief Justice of the Supreme Court of Victoria under section 7(1)(a)(ii), that person holds office for— (a) as long as determined by the Chief Justice; or (b) as long as the Chief Justice who nominated the member holds office as the Chief Justice. s. 5 -- 5 of 9 -- Victoria Law Foundation Amendment Act 2011 No. 19 of 2011 5 Authorised by the Chief Parliamentary Counsel (2) If a person is nominated by the Chief Justice under section 7(1)(a)(ii), that person may be removed from office by the Chief Justice. (3) If a person is nominated by the Chief Justice under section 7(1)(a)(ii), that person may resign by writing delivered to the Chief Justice and the Foundation.". 7 Meetings In section 9(4) of the Principal Act, for "4 members" substitute "3 members". 8 Transitional provisions After section 14 of the Principal Act insert— "15 Transitional provisions—Victoria Law Foundation Amendment Act 2011 (1) Subject to this section, on and from the commencement of the Victoria Law Foundation Amendment Act 2011— (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. s. 7 -- 6 of 9 -- Victoria Law Foundation Amendment Act 2011 No. 19 of 2011 6 Authorised by the Chief Parliamentary Counsel (2) A person who was a member of the Foundation appointed by the Minister under section 7(1)(e) before the commencement of section 4 of the Victoria Law Foundation Amendment Act 2011 continues to be a member of the Foundation until the expiry of his or her appointment unless one of the following occurs— (a) he or she resigns from office; or (b) he or she is removed from office by the Minister. (3) On and from the commencement of the Victoria Law Foundation Amendment Act 2011, the Foundation may consist of up to 3 members appointed by the Minister, where those members were appointed under section 7(1)(e) before that commencement, until the membership of one of the persons to whom subsection (2) applies ceases. (4) On and from the commencement of the Victoria Law Foundation Amendment Act 2011, the Foundation may consist of up to 7 members until the membership of one of the persons to whom subsection (2) applies ceases. (5) On and from the commencement of the Victoria Law Foundation Amendment Act 2011, the quorum of the Foundation is 4 members while the Foundation consists of all the members to whom subsection (2) applies. s. 8 -- 7 of 9 -- Victoria Law Foundation Amendment Act 2011 No. 19 of 2011 7 Authorised by the Chief Parliamentary Counsel (6) A person who was the Chairperson of the Foundation appointed by the Minister under section 7(1)(a) before the commencement of the Victoria Law Foundation Amendment Act 2011 continues to be the Chairperson of the Foundation on and from that commencement until the expiry of his or her appointment unless one of the following occurs— (a) he or she resigns from office; or (b) he or she is removed from office by the Minister on the request of the Chief Justice of the Supreme Court of Victoria.". 9 Repeal of Amending Act This Act is repealed on 1 August 2012. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 9 -- 8 of 9 -- Victoria Law Foundation Amendment Act 2011 No. 19 of 2011 8 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 10 February 2011 Legislative Council: 24 March 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Victoria Law Foundation Act 2009 in relation to the constitution and membership of the Victoria Law Foundation and for other purposes." Endnotes -- 9 of 9 --