Courts Legislation Miscellaneous Amendments Act 2010
i
Courts Legislation Miscellaneous Amendments Act
2010
No. 34 of 2010
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—AMENDMENTS RELATING TO JUDICIAL PENSION
ENTITLEMENTS 3
3 Provisions for pensions to County Court judges and their
partners 3
PART 3—AMENDMENTS TO THE CORONERS ACT 2008—
ACTING CORONERS 4
4 Assignment of magistrates and acting magistrates to be
coroners 4
5 Acting coroners 4
6 Statute law revision 4
PART 4—AMENDMENTS RELATING TO OFFICE OF
JUDICIAL REGISTRAR 5
Division 1—Amendments to the Constitution Act 1975 and the
Supreme Court Act 1986 5
7 Supreme Court of the State of Victoria 5
8 Divisions of Supreme Court—Constitution Act 1975 5
9 Definitions—Supreme Court Act 1986 6
10 New section 9C inserted 7
9C Titles of judicial registrars 7
11 Way in which Court of Appeal may be constituted 7
12 New section 17AA inserted 8
17AA Business may be disposed of by judicial registrars if
Rules so permit 8
13 Restriction on appeals 8
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14 New section 17EA inserted 9
17EA Chief Justice may assign judicial registrars to Costs
Court 9
15 Costs Judge may direct costs registrars 9
16 New section 17GA inserted 9
17GA Powers and functions of judicial registrar in Costs
Court 9
17 Review of costs registrar's determination 10
17H Review of costs registrar's determination by judicial
registrar 10
17HA Review of judicial registrar's determination by Costs
Judge 11
18 Judicial resolution conference and protection of conduct 12
19 Power to make Rules 12
20 Professional development and training 14
21 Appointment of Associate Judges 14
22 Functions of Associate Judges 14
23 Functions of Registrar of the Court of Appeal and the Registrar
of Criminal Appeals 14
24 New Divisions 2A and 2B of Part 7 inserted 15
Division 2A—Judicial registrars 15
113C Assignment of duties 15
113D Guidelines relating to the appointment of judicial
registrars 15
113E Recommendations for appointment of judicial
registrars 16
113F Appointment by Governor in Council 16
113G Remuneration and terms and conditions of appointment 17
113H Resignation from office 18
113I Suspension from office 19
113J Investigation of judicial registrar and report 19
113K Removal of judicial registrar from office 20
113L Performance of duties by judicial registrar 20
113M Review of decisions of judicial registrar 21
Division 2B—Registrar of Court of Appeal and Registrar
of Criminal Appeals 22
113N Chief Justice may assign judicial registrar to be
Registrar of Court of Appeal and Registrar of
Criminal Appeals 22
113O Functions of Registrar of the Court of Appeal 22
113P Functions of the Registrar of Criminal Appeals 23
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25 New sections 149 and 150 inserted 24
149 Transitional provisions—Courts Legislation
Miscellaneous Amendments Act 2010 24
150 Regulations dealing with transitional matters—Courts
Legislation Miscellaneous Amendments Act 2010 25
Division 2—Amendments to the Judicial Salaries Act 2004 26
26 Definitions 26
27 Salaries of judicial officer and remuneration of acting
magistrates (2004–2005) 27
Division 3—Amendments to the County Court Act 1958 28
28 Definitions 28
29 Establishment of the County Court 28
30 Salaries and allowances of the Chief Judge and other judges—
statute law revision 28
31 Professional development and training 29
32 Officers of the court 29
33 New Division 3B of Part I inserted 29
Division 3B—Judicial registrars 29
17L Assignment of duties 29
17M Guidelines relating to the appointment of judicial
registrars 30
17N Recommendation for appointment of judicial registrars 30
17O Appointment by Governor in Council 31
17P Remuneration and terms and conditions of
appointment 32
17Q Resignation from office 33
17R Suspension from office 33
17S Investigation of judicial registrar and report 33
17T Removal of judicial registrar from office 34
17U Performance of duties by judicial registrar 35
17V Review of decisions of judicial registrar 35
34 Judicial resolution conference and protection of conduct 36
35 Power to make rules of practice 36
Division 4—Amendments to the Children, Youth and Families
Act 2005 37
36 Definitions 37
37 The Children's Court 37
38 Judicial resolution conference and protection of conduct 38
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39 New Part 7.6A inserted 38
PART 7.6A—JUDICIAL REGISTRARS 38
542A Assignment of duties 38
542B Guidelines relating to the appointment of judicial
registrars 38
542C Recommendations for appointment of judicial
registrars 39
542D Appointment by Governor in Council 39
542E Remuneration and terms and conditions of
appointment 40
542F Resignation from office 41
542G Suspension from office 42
542H Investigation of judicial registrar and report 42
542I Removal of judicial registrar from office 43
542J Performance of duties by judicial registrar 43
542K Review of decisions of judicial registrar 44
40 Rules 45
Division 5—Amendments to the Coroners Act 2008 46
41 Definitions 46
42 The Coroners Court 46
43 New Division 1A of Part 8 inserted 46
Division 1A—Judicial registrars 46
102A Assignment of duties 46
102B Guidelines relating to the appointment of judicial
registrars 47
102C Recommendations for appointment of judicial
registrars 47
102D Appointment by Governor in Council 48
102E Remuneration and terms and conditions of
appointment 49
102F Resignation from office 50
102G Suspension from office 50
102H Investigation of judicial registrar and report 50
102I Removal of judicial registrar from office 52
102J Performance of duties by judicial registrar 52
102K Review of decisions of judicial registrar 52
44 Contempt 53
45 Rules of the Coroners Court 53
46 Professional development and training 54
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Division 6—Consequential amendments 54
47 Extension of time for filing or serving notice of appeal or
notice of application for leave to appeal—Criminal Procedure
Act 2009 54
48 Extension of time for filing or serving notice of appeal or
notice of application for leave to appeal—Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997 55
49 Magistrates' Court Act 1989—judicial resolution conference 55
PART 5—GENERAL 56
50 Statute law revision—Magistrates' Court Act 1989 56
51 Statute law revision—Supreme Court Act 1986 56
52 Repeal of amending Act 56
═══════════════
ENDNOTES 57
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1
Courts Legislation Miscellaneous
Amendments Act 2010 †
No. 34 of 2010
[Assented to 15 June 2010]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to further provide for certain judicial pension
entitlements;
(b) to amend the Coroners Act 2008 in relation
to acting coroners;
Victoria
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Part 1—Preliminary
Courts Legislation Miscellaneous Amendments Act 2010
No. 34 of 2010
2
(c) to provide for the office of judicial registrar
in various courts.
2 Commencement
(1) Part 1 of this Act comes into operation on the day
on which this Act receives the Royal Assent.
(2) Part 3 is deemed to have come into operation on
1 November 2009.
(3) Part 2 and Part 5 of this Act come into operation
on the day after the day on which this Act receives
the Royal Assent.
(4) Subject to subsection (5), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(5) If a provision of this Act referred to in subsection
(4) does not come into operation before 1 January
2011, it comes into operation on that day.
__________________
s. 2
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Part 2—Amendments Relating to Judicial Pension Entitlements
Courts Legislation Miscellaneous Amendments Act 2010
No. 34 of 2010
3
PART 2—AMENDMENTS RELATING TO JUDICIAL
PENSION ENTITLEMENTS
3 Provisions for pensions to County Court judges and
their partners
In section 14(2)(a)(iii) of the County Court Act
1958 after "subsection (5)(ac)" insert
"or subsection (5)(ad)".
__________________
s. 3
See:
Act No.
6230.
Reprint No. 13
as at
15 January
2009
and
amending
Act Nos
8/2008,
78/2008,
4/2009, 9/2009,
38/2009,
50/2009,
68/2009 and
69/2009
LawToday:
www.
legislation.
vic.gov.au
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Part 3—Amendments to the Coroners Act 2008—Acting Coroners
Courts Legislation Miscellaneous Amendments Act 2010
No. 34 of 2010
4
PART 3—AMENDMENTS TO THE CORONERS ACT 2008—
ACTING CORONERS
4 Assignment of magistrates and acting magistrates to
be coroners
In section 93(3) of the Coroners Act 2008 after
"acting magistrate" insert "as a coroner".
5 Acting coroners
In section 94(5) of the Coroners Act 2008 for
"an acting magistrate" substitute "a magistrate".
6 Statute law revision
In the Coroners Act 2008—
(a) in section 8, for "circumstances,," substitute
"circumstances,";
(b) in section 103(7)(b), after "case of" insert
"a";
(c) in section 116(1)(e), for "section 76"
substitute "section 73";
(d) in clause 6(b) of Schedule 1, for "34(2),"
substitute "34(2)".
__________________
s. 4
See:
Act No.
77/2008
and
amending
Act Nos
77/2008,
68/2009 and
69/2009.
LawToday:
www.
legislation.
vic.gov.au
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Part 4—Amendments Relating to Office of Judicial Registrar
Courts Legislation Miscellaneous Amendments Act 2010
No. 34 of 2010
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PART 4—AMENDMENTS RELATING TO OFFICE OF
JUDICIAL REGISTRAR
Division 1—Amendments to the Constitution Act 1975 and
the Supreme Court Act 1986
7 Supreme Court of the State of Victoria
(1) In section 75(2) of the Constitution Act 1975 for
"and the Associate Judges of the Court"
substitute ", the Associate Judges of the Court
and the judicial registrars of the Court".
(2) After section 75(4) of the Constitution Act 1975
insert—
"(5) The judicial registrars of the Court are the
judicial registrars appointed from time to
time under Division 2A of Part 7 of the
Supreme Court Act 1986.".
8 Divisions of Supreme Court—Constitution Act 1975
(1) After section 75A(2A) of the Constitution Act
1975 insert—
"(2B) The Court of Appeal may be constituted by a
judicial registrar appointed in accordance
with Division 2A of Part 7 of the Supreme
Court Act 1986 in the case of a proceeding
for which provision is made by the Supreme
Court Act 1986 or by rules of court for—
(a) the Court of Appeal to be so
constituted; and
(b) the delegation to judicial registrars of
powers of the Court of Appeal to hear
and determine such a matter or
proceeding.".
s. 7
See:
Act No.
8750.
Reprint No. 19
as at
15 January
2009
and
amending
Act Nos
4/2009,
38/2009,
68/2009,
69/2009,
70/2009 and
6/2010.
LawToday:
www.
legislation.
vic.gov.au
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(2) After section 75A(4) of the Constitution Act
1975 insert—
"(5) The Trial Division may be constituted by a
judicial registrar appointed in accordance
with Division 2A of Part 7 of the Supreme
Court Act 1986 in the case of a proceeding
for which provision is made by the Supreme
Court Act 1986 or by rules of court for—
(a) the Court or the Trial Division to be so
constituted; and
(b) the delegation to judicial registrars of
powers of the Court or Trial Division to
hear and determine such a matter or
proceeding.".
9 Definitions—Supreme Court Act 1986
(1) In section 3(1) of the Supreme Court Act 1986
insert the following definition—
"judicial registrar means a person appointed as a
judicial registrar of the Court under
Division 2A of Part 7;".
(2) In section 3(1) of the Supreme Court Act 1986 in
the definition of judicial resolution conference
for "or an Associate Judge" substitute ", an
Associate Judge or, subject to the Rules, a judicial
registrar".
See:
Act No.
110/1986.
Reprint No. 6
as at
28 April 2006
and
amending
Act Nos
48/2006,
24/2007,
8/2008, 9/2008,
23/2008,
24/2008,
78/2008,
4/2009, 9/2009,
50/2009,
68/2009 and
69/2009.
LawToday:
www.
legislation.
vic.gov.au
s. 9
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10 New section 9C inserted
After section 9B of the Supreme Court Act 1986
insert—
"9C Titles of judicial registrars
Subject to this Act, the Chief Justice, after
consultation with the Council of Judges, may
determine all matters pertaining to the title of
any judicial registrar.".
11 Way in which Court of Appeal may be constituted
(1) After section 11(4) of the Supreme Court Act
1986 insert—
"(4A) Subject to this Act, the Rules may provide
that the jurisdiction and powers of the Court
of Appeal may, in particular kinds of
applications or proceedings be exercised by a
judicial registrar if—
(a) the matter is a kind of proceeding for
which provision is made by the Rules
for the Court of Appeal to be
constituted by a judicial registrar; and
(b) the Rules provide for the delegation to
judicial registrars of powers of the
Court of Appeal to hear and determine
such a matter or proceeding.".
(2) In section 11(5) of the Supreme Court Act 1986
after "Associate Judge" insert "or a judicial
registrar".
(3) After section 11(7) of the Supreme Court Act
1986 insert—
"(8) Subject to subsection (5), a judgment, order
or direction given or made by a judicial
registrar when exercising the jurisdiction and
powers of the Court of Appeal has effect as a
s. 10
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judgment, order or direction of the Court of
Appeal.".
12 New section 17AA inserted
After section 17 of the Supreme Court Act 1986
insert—
"17AA Business may be disposed of by judicial
registrars if Rules so permit
Without limiting section 17, the Trial
Division of the Court constituted by a
judicial registrar may hear and determine any
matter, whether civil or criminal, if—
(a) the matter is a kind of proceeding for
which provision is made by the Rules
for the Court to be constituted by a
judicial registrar; and
(b) the Rules provide for the delegation to
judicial registrars of powers of the
Court to hear and determine such a
matter or proceeding.".
13 Restriction on appeals
(1) In section 17A(2) of the Supreme Court Act
1986 for "An order" substitute "Subject to
subsection (2A), an order".
(2) After section 17A(2) of the Supreme Court Act
1986 insert—
"(2A) Subsection (2) does not apply in respect of
an order made by the Trial Division
constituted by a judicial registrar.
Note
See section 113M.".
s. 12
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14 New section 17EA inserted
After section 17E of the Supreme Court Act
1986 insert—
"17EA Chief Justice may assign judicial
registrars to Costs Court
The Chief Justice may assign one or more
judicial registrars to the Costs Court if the
operational requirements of the Costs Court
so require.".
15 Costs Judge may direct costs registrars
(1) In the heading to section 17F of the Supreme
Court Act 1986 after "direct" insert "judicial
registrars and".
(2) In section 17F of the Supreme Court Act 1986—
(a) in paragraph (a) after "by a" insert "judicial
registrar or a";
(b) in paragraph (b) after "by" insert "judicial
registrars or".
16 New section 17GA inserted
After section 17G of the Supreme Court Act
1986 insert—
"17GA Powers and functions of judicial registrar
in Costs Court
(1) Subject to the Rules and the general direction
and control of a Costs Judge, a judicial
registrar may—
(a) assess, settle, tax or review costs in
accordance with directions under
section 17F and the Rules; and
(b) exercise the powers of the Costs Court
conferred on a judicial registrar by or
under this Act or any other Act or by
the Rules.
s. 14
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(2) Subject to sections 17H and 17J, a
determination made by a judicial registrar in
the Costs Court—
(a) has effect as a judgment, an order or a
direction (as the case requires) of the
Costs Court; and
(b) may be enforced accordingly.".
17 Review of costs registrar's determination
For section 17H of the Supreme Court Act 1986
substitute—
"17H Review of costs registrar's determination
by judicial registrar
(1) Subject to the Rules, a party who objects to a
determination made by a costs registrar in
accordance with this Division may apply to
the Costs Court constituted by a judicial
registrar for a review of that determination.
(2) An application for review under subsection
(1) is to be made—
(a) within the time period allowed by the
Rules; and
(b) otherwise in accordance with the Rules.
(3) The Costs Court constituted by a judicial
registrar or by a Costs Judge, on its own
motion, may review a determination of a
costs registrar made in accordance with this
Division.
(4) A review under subsection (3) is to be
made—
(a) within the time period allowed by the
Rules; and
(b) otherwise in accordance with the Rules.
s. 17
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(5) A review under this section is to be heard
and determined in accordance with the
Rules.
(6) Unless the Costs Court otherwise orders, a
review of a costs registrar's determination
under this section does not operate as—
(a) a stay of execution; or
(b) a stay of the proceedings under the
determination of the costs registrar to
which the review relates.
17HA Review of judicial registrar's
determination by Costs Judge
(1) Subject to the Rules, a party who objects to a
determination made by a judicial registrar in
accordance with this Division (including a
review under section 17H) may apply to the
Costs Court constituted by a Costs Judge for
a review of that determination.
(2) An application for review under subsection
(1) is to be made—
(a) within the time period allowed by the
Rules; and
(b) otherwise in accordance with the Rules.
(3) The Costs Court constituted by a Costs
Judge, on its own motion, may review a
determination of a judicial registrar made in
accordance with this Division.
(4) A review under subsection (3) is to be
made—
(a) within the time period allowed by the
Rules; and
(b) otherwise in accordance with the Rules.
s. 17
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(5) A review under this section is to be heard
and determined in accordance with the
Rules.
(6) Unless the Costs Court otherwise orders, a
review of a judicial registrar's determination
under this section does not operate as—
(a) a stay of execution; or
(b) a stay of the proceedings under the
determination of the judicial registrar to
which the review relates.".
18 Judicial resolution conference and protection of
conduct
(1) In section 24B(2) of the Supreme Court Act
1986 for "or an Associate Judge" substitute
", an Associate Judge or a judicial registrar".
(2) In section 24C of the Supreme Court Act 1986
for "or an Associate Judge" substitute
", an Associate Judge or a judicial registrar".
19 Power to make Rules
(1) After section 25(1)(cb) of the Supreme Court
Act 1986 insert—
"(cc) appeals by way of rehearing or otherwise
from the Court constituted by a judicial
registrar—
(i) to the Court of Appeal; or
(ii) to the Trial Division constituted by a
Judge of the Court or by an Associate
Judge;".
(2) In section 25(1) of the Supreme Court Act
1986—
(a) in paragraph (db) after "costs registrars",
where twice occurring, insert "or judicial
registrars";
s. 18
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(b) in paragraph (dc) after "costs registrar"
insert "or a judicial registrar";
(c) in paragraph (dd) omit ", whether constituted
by a Costs Judge or by a costs registrar".
(3) After section 25(1)(dd) of the Supreme Court
Act 1986 insert—
"(de) the prescription of the proceedings (whether
civil or criminal) or class of proceedings
(whether civil or criminal) which may be
dealt with by the Court constituted by a
judicial registrar;
(df) delegating to judicial registrars all or any of
the powers of the Court specified by the
Rules in relation to proceedings prescribed
under paragraph (de), including, but not
limited to, the exercise by judicial registrars
of the jurisdiction of the Court;
(dg) the transfer or referral of matters between the
Court constituted by a judicial registrar and
the Court constituted by a Judge of the Court
or by an Associate Judge;
(dh) reviews of, and appeals from, the Court
constituted by a judicial registrar or a costs
registrar;".
(4) In section 25(1A)(a) of the Supreme Court Act
1986—
(a) after "Associate Judge" insert ", a judicial
registrar";
(b) after "class of judge" insert ", class of
judicial registrar".
s. 19
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20 Professional development and training
In section 28A(1) of the Supreme Court Act
1986 in the definition of judicial officer for
paragraph (b) substitute—
"(b) an Associate Judge; or
(c) a judicial registrar.".
21 Appointment of Associate Judges
In section 104 of the Supreme Court Act 1986—
(a) subsection (2)(a) for "Master; and"
substitute "Master.";
(b) subsections (2)(b), (3) and (4) are repealed;
(c) in subsection (8) omit "or the Registrar of
the Court of Appeal".
22 Functions of Associate Judges
At the end of section 111 of the Supreme Court
Act 1986 insert—
"(2) Any Associate Judge may carry out the
duties and functions of the Registrar of the
Court of Appeal or the Registrar of Criminal
Appeals—
(a) if the person assigned to those duties is
absent or temporarily unable to perform
those duties; or
(b) for the purposes of the effective
conduct of the general business of the
Court.".
23 Functions of Registrar of the Court of Appeal and
the Registrar of Criminal Appeals
(1) Section 111A of the Supreme Court Act 1986 is
repealed.
(2) Section 112 of the Supreme Court Act 1986 is
repealed.
s. 20
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24 New Divisions 2A and 2B of Part 7 inserted
After Division 2 of Part 7 of the Supreme Court
Act 1986 insert—
"Division 2A—Judicial registrars
113C Assignment of duties
(1) The Chief Justice may assign duties to a
judicial registrar.
(2) A judicial registrar must—
(a) carry out the duties that are from time
to time assigned to him or her by the
Chief Justice; and
(b) subject to sections 11(4A) and 17AA,
perform the duties and exercise the
powers and authorities imposed or
conferred on him or her by or under this
Act or any other Act or by the Rules.
Note
See also sections 75A(2B) and 75A(5) of the
Constitution Act 1975.
(3) The Chief Justice has responsibility for the
administration of the business of the judicial
registrars and the orderly and expeditious
exercise of their functions and powers.
113D Guidelines relating to the appointment of
judicial registrars
(1) The Chief Justice, in consultation with the
Attorney-General, may—
(a) prepare guidelines relating to the
appointment of judicial registrars of the
Court; and
(b) from time to time amend or revoke any
guidelines prepared under
paragraph (a).
s. 24
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(2) As soon as practicable after preparing,
amending or revoking any guidelines under
subsection (1), the Chief Justice must cause a
copy of the guidelines or the amendment or
notice of the revocation (as the case requires)
to be given to the Attorney-General.
113E Recommendations for appointment of
judicial registrars
(1) The Chief Justice may, at any time,
recommend to the Attorney-General that a
judicial registrar, or more than one judicial
registrar, of the Court be appointed by the
Governor in Council.
(2) In making a recommendation under
subsection (1), the Chief Justice must have
regard to any guidelines in force under
section 113D(1).
(3) On receiving a recommendation under
subsection (1), the Attorney-General may
recommend to the Governor in Council that a
judicial registrar, or more than one judicial
registrar, of the Court be appointed under
section 113F.
113F Appointment by Governor in Council
(1) On the recommendation of the Attorney-
General under section 113E, the Governor in
Council may appoint a person as a judicial
registrar of the Court for the period, not
exceeding 5 years, specified in his or her
instrument of appointment.
s. 24
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(2) A person is not eligible for appointment as a
judicial registrar unless he or she—
(a) is either—
(i) an Australian lawyer within the
meaning of the Legal Profession
Act 2004; or
(ii) enrolled as a legal practitioner of
the High Court of Australia; and
(b) has been admitted to legal practice in
Victoria or another State or a Territory,
or has been enrolled as a legal
practitioner of the High Court of
Australia, for not less than 5 years.
(3) A judicial registrar may be appointed on a
full-time or part-time basis.
(4) A judicial registrar, although not appointed
on a part-time basis, may, by agreement in
writing entered into with the Chief Justice,
undertake the duties of a judicial registrar on
a part-time basis.
(5) A judicial registrar is eligible for
re-appointment.
(6) The Public Administration Act 2004 does
not apply to a judicial registrar in respect of
the office of judicial registrar.
113G Remuneration and terms and conditions
of appointment
(1) A judicial registrar is entitled to receive the
remuneration and allowances that are fixed
in respect of him or her from time to time by
the Governor in Council.
s. 24
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(2) The remuneration of a judicial registrar is to
be paid out of the Consolidated Fund, which
is hereby appropriated to the necessary
extent.
(3) Except with the approval of the Attorney-
General, a judicial registrar must not—
(a) engage in legal practice; or
(b) undertake paid employment; or
(c) conduct a business, trade or profession
of any kind.
(4) A judicial registrar must disclose to the Chief
Justice in writing any direct or indirect
pecuniary interest that he or she has or
acquires that could conflict with the proper
performance of the duties of the office of
judicial registrar.
(5) Despite any provision to the contrary made
by or under any other Act, a person who has
held the office of judicial registrar is entitled
to have his or her service in that office taken
into account in computing the period of
service which entitles public officials (within
the meaning of the Public Administration
Act 2004) to be granted long service leave or
other leave entitlements, whether his or her
service in the office of judicial registrar is
before or after any period of service as such
a public official.
113H Resignation from office
A judicial registrar may resign from office
by delivering to the Governor a signed letter
of resignation.
s. 24
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113I Suspension from office
(1) The Chief Justice, with the approval of the
Attorney-General, may suspend a judicial
registrar from office, if the Chief Justice
believes that there may be grounds for
removal of the judicial registrar from office.
(2) A judicial registrar who is suspended under
this section remains entitled to his or her
remuneration and allowances as judicial
registrar during the period of suspension.
113J Investigation of judicial registrar and
report
(1) As soon as practicable after the Chief Justice
suspends a judicial registrar from office
under section 113I, the Attorney-General
must appoint a person nominated by the
Chief Justice to undertake an investigation
into the judicial registrar's conduct.
(2) A person appointed under subsection (1)
must—
(a) investigate the judicial registrar's
conduct; and
(b) report to the Attorney-General on the
investigation; and
(c) give a copy of the report to the judicial
registrar and the Chief Justice.
(3) A report under subsection (2)(b) may include
a recommendation that the judicial registrar
be removed from office.
(4) After receiving a report under subsection
(2)(b) recommending removal, the Attorney-
General, after consulting the Chief Justice,
may recommend to the Governor in Council
that the judicial registrar be removed from
office.
s. 24
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(5) The person who conducted the investigation
and the Attorney-General may only
recommend that a judicial registrar be
removed on the ground of proved
misbehaviour or incapacity.
(6) The Attorney-General must not make a
recommendation under subsection (4) unless
the judicial registrar has been given a
reasonable opportunity to make written and
oral submissions to the person who
conducted the investigation and the Chief
Justice.
(7) In making a recommendation under
subsection (4), the Attorney-General is
entitled to rely on any findings contained in
the report under subsection (2).
(8) If the Attorney-General decides not to make
a recommendation under subsection (4)—
(a) the Attorney-General must inform the
Chief Justice as soon as practicable
after receiving the report under
subsection (2)(b); and
(b) the Chief Justice must lift the
suspension.
113K Removal of judicial registrar from office
The Governor in Council may remove a
judicial registrar from office on the
recommendation of the Attorney-General
under section 113J but not otherwise.
113L Performance of duties by judicial
registrar
(1) A judicial registrar—
(a) must not hear, or continue to hear, a
proceeding (whether civil or criminal)
that the judicial registrar considers for
s. 24
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any reason inappropriate for hearing
and determination by the Court
constituted by a judicial registrar; and
(b) must make appropriate arrangements
for the proceeding to be heard and
determined by the Court constituted by
a Judge of the Court or an Associate
Judge.
(2) Subject to Division 2B of Part 2,
section 113C and Division 2B, in the
performance of his or her duties as a judicial
registrar, a judicial registrar is not subject to
the direction or control of any person or
body.
(3) In the performance of his or her duties as a
judicial registrar, a judicial registrar has the
same protection and immunity as a Judge of
the Court has in the performance of his or
her duties as a Judge.
113M Review of decisions of judicial registrar
(1) Subject to this Act and the Rules, the Court
of Appeal constituted by a Judge of Appeal
or by an Associate Judge may direct that the
hearing and determination of a proceeding
(whether civil or criminal) by the Court of
Appeal constituted by a judicial registrar be
reviewed by the Court of Appeal constituted
by a Judge of Appeal or by an Associate
Judge.
(2) Subject to this Act and the Rules, the Trial
Division constituted by a Judge of the Court
or by an Associate Judge may direct that the
hearing and determination of a proceeding
(whether civil or criminal) by the Trial
Division constituted by a judicial registrar be
reviewed by the Trial Division constituted by
s. 24
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a Judge of the Court or by an Associate
Judge.
(3) A direction may be given under subsection
(1) or (2)—
(a) at the request of a party to the
proceeding; or
(b) by the Court of its own motion.
(4) A review under this section is to be
conducted as a hearing de novo.
(5) This section does not apply to a
determination of the Costs Court constituted
by a judicial registrar under Division 2B of
Part 2 which is to be dealt with in accordance
with section 17HA and the Rules.
Division 2B—Registrar of Court of Appeal and
Registrar of Criminal Appeals
113N Chief Justice may assign judicial registrar
to be Registrar of Court of Appeal and
Registrar of Criminal Appeals
The Chief Justice may assign a judicial
registrar to the duties of—
(a) the Registrar of Court of Appeal and
Registrar of Criminal Appeals
concurrently; or
(b) the Registrar of Court of Appeal; or
(c) the Registrar of Criminal Appeals.
113O Functions of Registrar of the Court of
Appeal
Subject to section 113C(3), the Registrar of
the Court of Appeal is, subject to the general
direction and control of the President and to
the Rules, responsible for—
s. 24
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(a) the preliminary examination of all
applications and appeals made to the
Court of Appeal, including all
applications made to the Court of
Appeal under Part 6.3 of Chapter 6 of
the Criminal Procedure Act 2009 and
the Rules;
(b) taking any action he or she is
authorised or required by the President
or the Rules to take to ensure the
efficient and expeditious despatch of
those applications and appeals to the
Court of Appeal;
(c) subject to section 11(4A), performing
other duties and exercising other
powers and authorities that are imposed
or conferred on him or her by the
President, this Act or any other Act or
the Rules.
113P Functions of the Registrar of Criminal
Appeals
Subject to section 113C(3), the Registrar of
Criminal Appeals is, subject to the general
direction and control of the President and to
the Rules, responsible for—
(a) the preliminary examination of all
applications made to the Court of
Appeal under Part 6.3 of Chapter 6 of
the Criminal Procedure Act 2009 and
the Rules relating to criminal
proceedings;
(b) taking any action he or she is
authorised or required by the President
or the Rules to take to ensure the
efficient and expeditious despatch of
s. 24
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those applications to the Court of
Appeal;
(c) subject to section 11(4A), performing
other duties and exercising other
powers and authorities that are imposed
or conferred on him or her by the
President or by this Act or any other
Act or the Rules.".
25 New sections 149 and 150 inserted
After section 148 of the Supreme Court Act
1986 insert—
"149 Transitional provisions—Courts
Legislation Miscellaneous Amendments
Act 2010
(1) The repeal of section 104(2)(b) by section 21
of the Courts Legislation Miscellaneous
Amendments Act 2010 does not affect any
salary, other remuneration, allowances or
pension entitlements of any person who was
appointed to the office of Registrar of the
Court of Appeal or appointed to the office of
Registrar of Criminal Appeals before that
repeal.
(2) Nothing in section 21 of the Courts
Legislation Miscellaneous Amendments
Act 2010 affects the pension entitlements of
any Master or Associate Judge appointed to
the office of Registrar of the Court of Appeal
or to the office of Registrar of Criminal
Appeals who resigned, retired or died before
the commencement of that section of that
Act or the spouse or partner or eligible child
of such a person and—
s. 25
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(a) subject to paragraph (b), those
entitlements continue in existence as if
section 104(2)(b) had not been
repealed;
(b) a reference in section 104A to the
annual salary for the time being
applicable or payable in respect of an
office held immediately before
retirement or at the date of death,
resignation or retirement is, in relation
to a Master or an Associate Judge
appointed to the office of Registrar of
the Court of Appeal or to the office of
Registrar of Criminal Appeals who
resigned, retired or died before the
commencement of section 21 of the
Courts Legislation Miscellaneous
Amendments Act 2010 or the spouse
or partner or eligible child of such a
person, a reference to the annual salary
for the time being payable under
section 83A(1) of the Constitution Act
1975 in respect of the office of
Registrar of the Court of Appeal or the
office of Registrar of Criminal Appeals,
as the case requires, as referred to in the
Judicial Salaries Act 2004.
150 Regulations dealing with transitional
matters—Courts Legislation
Miscellaneous Amendments Act 2010
(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 Miscellaneous Amendments
Act 2010 (including the repeals and
amendments made by that Act).
s. 25
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(2) Regulations made under this section may—
(a) have a retrospective effect to a day on
or from the date that the Courts
Legislation Miscellaneous
Amendments Act 2010 receives 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
proceedings or a class of persons or
class of proceedings from any of the
regulations made under this section.
(3) Regulations under this section have effect
despite anything to the contrary in—
(a) any Act (other than this Act, the
Charter of Human Rights and
Responsibilities Act 2006 or the
Courts Legislation Miscellaneous
Amendments Act 2010); or
(b) any subordinate instrument.".
Division 2—Amendments to the Judicial Salaries Act 2004
26 Definitions
After section 3(2) of the Judicial Salaries Act
2004 insert—
"(2A) Without limiting subsection (2), on and from
the commencement of section 21 of the
Courts Legislation Miscellaneous
Amendments Act 2010 if an Associate
Judge carries out the duties of the Registrar
of the Court of Appeal or the Registrar of
s. 26
See:
Act No.
38/2004
and
amending
Act Nos
3/2005,
28/2007,
24/2008 and
77/2008.
LawToday:
www.
legislation.
vic.gov.au
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Criminal Appeals only because of section
111(2) of the Supreme Court Act 1986—
(a) this Act does not apply in relation to the
office of Registrar of the Court of
Appeal, or the office of Registrar of
Criminal Appeals; and
(b) that office is not a judicial office for the
purposes of this Act.
(2B) For the avoidance of doubt, on and from the
commencement of section 21 of the Courts
Legislation Miscellaneous Amendments
Act 2010, if the holder of the office of
Registrar of the Court of Appeal, or of the
office of Registrar of Criminal Appeals, is a
judicial registrar within the meaning of the
Supreme Court Act 1986—
(a) this Act does not apply in relation to the
office of Registrar of the Court of
Appeal, or the office of Registrar of
Criminal Appeals; and
(b) that office is not a judicial office for the
purposes of this Act.".
27 Salaries of judicial officer and remuneration of
acting magistrates (2004–2005)
In the Table in section 4(1) of the Judicial
Salaries Act 2004, in column 1 before "Registrar
of the Court of Appeal" insert "Master or
Associate Judge who is".
s. 27
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Division 3—Amendments to the County Court Act 1958
28 Definitions
(1) In section 3(1) of the County Court Act 1958,
insert the following definition—
"judicial registrar means a judicial registrar of the
County Court appointed under Division 3B
of Part I;".
(2) In section 3(1) of the County Court Act 1958 in
the definition of judicial resolution conference
for "or an associate judge" substitute ", an
associate judge or, subject to the Rules, a judicial
registrar".
29 Establishment of the County Court
(1) In section 4(1A) of the County Court Act 1958,
after "associate judges of the court" insert
", the judicial registrars of the court".
(2) After section 4(1B) of the County Court Act
1958 insert—
"(1C) Without limiting subsection (1B), the court
may be constituted by a judicial registrar in
the case of a proceeding for which provision
is made by Rules for—
(a) the court to be so constituted; and
(b) the delegation to judicial registrars of
powers of the court to hear and
determine such a matter or
proceeding.".
30 Salaries and allowances of the Chief Judge and
other judges—statute law revision
In section 10(10) of the County Court Act 1958,
for "sbsection" substitute "subsection".
s. 28
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31 Professional development and training
In section 17AAA(1) of the County Court Act
1958, in the definition of judicial officer, for
paragraph (b) substitute—
"(b) an associate judge; or
(c) a judicial registrar.".
32 Officers of the court
In section 40 of the County Court Act 1958, after
"Division 2," insert "judicial registrars,".
33 New Division 3B of Part I inserted
After Division 3A of Part I of the County Court
Act 1958 insert—
"Division 3B—Judicial registrars
17L Assignment of duties
(1) The Chief Judge may assign duties to a
judicial registrar.
(2) A judicial registrar must—
(a) carry out the duties that are from time
to time assigned to him or her by the
Chief Judge; and
(b) subject to section 4(1C), perform the
duties and exercise the powers and
authorities imposed or conferred on
him or her by or under this Act or any
other Act or by the Rules.
s. 31
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17M Guidelines relating to the appointment of
judicial registrars
(1) The Chief Judge, in consultation with the
Attorney-General may—
(a) prepare guidelines relating to the
appointment of judicial registrars of the
court; and
(b) from time to time amend or revoke any
guidelines prepared under
paragraph (a).
(2) As soon as practicable after preparing,
amending or revoking any guidelines under
subsection (1), the Chief Judge must cause a
copy of the guidelines or the amendment or
notice of the revocation (as the case requires)
to be given to the Attorney-General.
17N Recommendation for appointment of
judicial registrars
(1) The Chief Judge may, at any time,
recommend to the Attorney-General that a
judicial registrar, or more than one judicial
registrar, of the court be appointed by the
Governor in Council.
(2) In making a recommendation under
subsection (1), the Chief Judge must have
regard to any guidelines in force under
section 17M(1).
(3) On receiving a recommendation under
subsection (1), the Attorney-General may
recommend to the Governor in Council that a
judicial registrar, or more than one judicial
registrar, of the court be appointed under
section 17O.
s. 33
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17O Appointment by Governor in Council
(1) On the recommendation of the Attorney-
General under section 17N, the Governor in
Council may appoint a person as a judicial
registrar of the court for the period, not
exceeding 5 years, specified in his or her
instrument of appointment.
(2) A person is not eligible for appointment as a
judicial registrar unless he or she—
(a) is either—
(i) an Australian lawyer; or
(ii) enrolled as a legal practitioner of
the High Court of Australia; and
(b) has been admitted to legal practice in
Victoria or another State or a Territory,
or has been enrolled as a legal
practitioner of the High Court of
Australia, for not less than 5 years.
(3) A judicial registrar may be appointed on a
full-time or part-time basis.
(4) A judicial registrar, although not appointed
on a part-time basis, may, by agreement in
writing entered into with the Chief Judge,
undertake the duties of a judicial registrar on
a part-time basis.
(5) A judicial registrar is eligible for
re-appointment.
(6) The Public Administration Act 2004 does
not apply to a judicial registrar in respect of
the office of judicial registrar.
s. 33
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17P Remuneration and terms and conditions
of appointment
(1) A judicial registrar is entitled to receive the
remuneration and allowances that are fixed
in respect of him or her from time to time by
the Governor in Council.
(2) The remuneration of a judicial registrar is to
be paid out of the Consolidated Fund, which
is hereby appropriated to the necessary
extent.
(3) Except with the approval of the Attorney-
General, a judicial registrar must not—
(a) engage in legal practice; or
(b) undertake paid employment; or
(c) conduct a business, trade or profession
of any kind.
(4) A judicial registrar must disclose to the Chief
Judge in writing any direct or indirect
pecuniary interest that he or she has or
acquires that could conflict with the proper
performance of the duties of the office of
judicial registrar.
(5) Despite any provision to the contrary made
by or under any other Act, a person who has
held the office of judicial registrar is entitled
to have his or her service in that office taken
into account in computing the period of
service which entitles public officials (within
the meaning of the Public Administration
Act 2004) to be granted long service leave or
other leave entitlements, whether his or her
service in the office of judicial registrar is
before or after any period of service as such
a public official.
s. 33
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17Q Resignation from office
A judicial registrar may resign from office
by delivering to the Governor a signed letter
of resignation.
17R Suspension from office
(1) The Chief Judge, with the approval of the
Attorney-General, may suspend a judicial
registrar from office, if the Chief Judge
believes that there may be grounds for
removal of the judicial registrar from office.
(2) A judicial registrar who is suspended under
this section remains entitled to his or her
remuneration and allowances as judicial
registrar during the period of suspension.
17S Investigation of judicial registrar and
report
(1) As soon as practicable after the Chief Judge
suspends a judicial registrar from office
under section 17R, the Attorney-General
must appoint a person nominated by the
Chief Judge to undertake an investigation
into the judicial registrar's conduct.
(2) A person appointed under subsection (1)
must—
(a) investigate the judicial registrar's
conduct; and
(b) report to the Attorney-General on the
investigation; and
(c) give a copy of the report to the judicial
registrar and the Chief Judge.
(3) A report under subsection (2)(b) may include
a recommendation that the judicial registrar
be removed from office.
s. 33
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(4) After receiving a report under subsection
(2)(b) recommending removal, the Attorney-
General, after consulting the Chief Judge,
may recommend to the Governor in Council
that the judicial registrar be removed from
office.
(5) The person who conducted the investigation
and the Attorney-General may only
recommend that a judicial registrar be
removed on the ground of proved
misbehaviour or incapacity.
(6) The Attorney-General must not make a
recommendation under subsection (4) unless
the judicial registrar has been given a
reasonable opportunity to make written and
oral submissions to the person who
conducted the investigation and the Chief
Judge.
(7) In making a recommendation under
subsection (4), the Attorney-General is
entitled to rely on any findings contained in
the report under subsection (2).
(8) If the Attorney-General decides not to make
a recommendation under subsection (4)—
(a) the Attorney-General must inform the
Chief Judge as soon as practicable after
receiving the report under
subsection (2)(b); and
(b) the Chief Judge must lift the
suspension.
17T Removal of judicial registrar from office
The Governor in Council may remove a
judicial registrar from office on the
recommendation of the Attorney-General
under section 17S but not otherwise.
s. 33
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17U Performance of duties by judicial
registrar
(1) A judicial registrar—
(a) must not hear, or continue to hear, a
proceeding that the judicial registrar
considers for any reason inappropriate
for hearing and determination by the
court constituted by a judicial registrar;
and
(b) must make appropriate arrangements
for the proceeding to be heard and
determined by the court constituted by
a judge or an associate judge.
(2) Subject to this Act and the Rules, a judicial
registrar, in the performance of his or her
duties as judicial registrar, is not subject to
the direction or control of any person or
body.
(3) In the performance of his or her duties as a
judicial registrar, a judicial registrar has the
same protection and immunity as a Judge of
the Supreme Court has in the performance of
his or her duties as a Judge.
17V Review of decisions of judicial registrar
(1) The court constituted by a judge or an
associate judge may direct that the hearing
and determination of a proceeding by the
court constituted by a judicial registrar be
reviewed by the court constituted by a judge
or an associate judge.
(2) A direction may be given under
subsection (1)—
(a) at the request of a party to the
proceeding; or
(b) by the court of its own motion.
s. 33
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(3) A review under this section is to be
conducted as a hearing de novo.".
34 Judicial resolution conference and protection of
conduct
(1) In section 41(2) of the County Court Act 1958
for "or an associate judge" substitute
", an associate judge or a judicial registrar".
(2) In section 42 of the County Court Act 1958 for
"or an associate judge" substitute ", an associate
judge or a judicial registrar".
35 Power to make rules of practice
After section 78(1)(fa) of the County Court Act
1958 insert—
"(fb) the prescription of the proceedings or class
of proceedings which may be dealt with by
the court constituted by a judicial registrar;
(fc) delegating to the judicial registrars all or any
of the powers of the court specified by the
Rules in relation to proceedings prescribed
under paragraph (fb), including, but not
limited to, the exercise by judicial registrars
of the jurisdiction of the court other than the
power to impose a sentence of
imprisonment;
(fd) the transfer or referral of matters between the
court constituted by a judicial registrar and
the court constituted by a judge or an
associate judge;
(fe) reviews of, and appeals from, the court
constituted by a judicial registrar;".
s. 34
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Division 4—Amendments to the Children, Youth and
Families Act 2005
36 Definitions
(1) In section 3(1) of the Children, Youth and
Families Act 2005, insert the following
definition—
"judicial registrar means a judicial registrar of the
Court appointed under Part 7.6A;".
(2) In section 3(1) of the Children, Youth and
Families Act 2005—
(a) in the definition of court official after
paragraph (c) insert—
"(ca) a judicial registrar; or";
(b) in the definition of judicial resolution
conference after "magistrate" insert "or a
judicial registrar".
37 The Children's Court
(1) In section 504(2) of the Children, Youth and
Families Act 2005, after "the magistrates" insert
", the judicial registrars".
(2) After section 504(7) of the Children, Youth and
Families Act 2005 insert—
"(8) Without limiting subsection (7), the Court
may be constituted by a judicial registrar in
the case of any proceeding for which
provision is made by rules of court for—
(a) the court to be so constituted; and
(b) the delegation to judicial registrars of
powers of the court to hear and
determine such a matter or
proceeding.".
s. 36
See:
Act No.
96/2005.
Reprint No. 2
as at
19 August
2009
and
amending
Act Nos
51/2006,
77/2008,
4/2009, 7/2009,
22/2009,
26/2009,
50/2009,
68/2009,
69/2009 and
6/2010.
LawToday:
www.
legislation.
vic.gov.au
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38 Judicial resolution conference and protection of
conduct
(1) In section 527A(2) of the Children, Youth and
Families Act 2005 for "or a magistrate"
substitute ", a magistrate or a judicial registrar".
(2) In section 527B of the Children, Youth and
Families Act 2005 for "or a magistrate"
substitute ", a magistrate or a judicial registrar".
39 New Part 7.6A inserted
After Part 7.6 of the Children, Youth and
Families Act 2005 insert—
"PART 7.6A—JUDICIAL REGISTRARS
542A Assignment of duties
(1) The President may assign duties to a judicial
registrar.
(2) A judicial registrar must—
(a) carry out the duties that are from time
to time assigned to him or her by the
President; and
(b) subject to section 504(8), perform the
duties and exercise the powers and
authorities imposed or conferred on
him or her by or under this Act or any
other Act or by the rules of court.
542B Guidelines relating to the appointment of
judicial registrars
(1) The President, in consultation with the
Attorney-General may—
(a) prepare guidelines relating to the
appointment of judicial registrars of the
Court; and
s. 38
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39
(b) from time to time amend or revoke any
guidelines prepared under
paragraph (a).
(2) As soon as practicable after preparing,
amending or revoking any guidelines under
subsection (1), the President must cause a
copy of the guidelines or the amendment or
notice of the revocation (as the case requires)
to be given to the Attorney-General.
542C Recommendations for appointment of
judicial registrars
(1) The President may, at any time, recommend
to the Attorney-General that a judicial
registrar, or more than one judicial registrar,
of the Court be appointed by the Governor in
Council.
(2) In making a recommendation under
subsection (1), the President must have
regard to any guidelines in force under
section 542B(1).
(3) On receiving a recommendation under
subsection (1), the Attorney-General may
recommend to the Governor in Council that a
judicial registrar, or more than one judicial
registrar, of the Court be appointed under
section 542D.
542D Appointment by Governor in Council
(1) On the recommendation of the Attorney-
General under section 542C, the Governor in
Council may appoint a person as a judicial
registrar of the Court for the period, not
exceeding 5 years, specified in his or her
instrument of appointment.
s. 39
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(2) A person is not eligible for appointment as a
judicial registrar unless he or she—
(a) is either—
(i) an Australian lawyer within the
meaning of the Legal Profession
Act 2004; or
(ii) enrolled as a legal practitioner of
the High Court of Australia; and
(b) has been admitted to legal practice in
Victoria or another State or a Territory,
or has been enrolled as a legal
practitioner of the High Court of
Australia, for not less than 5 years.
(3) A judicial registrar may be appointed on a
full-time or part-time basis.
(4) A judicial registrar, although not appointed
on a part-time basis, may, by agreement in
writing entered into with the President,
undertake the duties of a judicial registrar on
a part-time basis.
(5) A judicial registrar is eligible for
re-appointment.
(6) The Public Administration Act 2004 does
not apply to a judicial registrar in respect of
the office of judicial registrar.
542E Remuneration and terms and conditions
of appointment
(1) A judicial registrar is entitled to receive the
remuneration and allowances that are fixed
in respect of him or her from time to time by
the Governor in Council.
s. 39
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(2) The remuneration of a judicial registrar is to
be paid out of the Consolidated Fund, which
is hereby appropriated to the necessary
extent.
(3) Except with the approval of the Attorney-
General, a judicial registrar must not—
(a) engage in legal practice; or
(b) undertake paid employment; or
(c) conduct a business, trade or profession
of any kind.
(4) A judicial registrar must disclose to the
President in writing any direct or indirect
pecuniary interest that he or she has or
acquires that could conflict with the proper
performance of the duties of the office of
judicial registrar.
(5) Despite any provision to the contrary made
by or under any other Act, a person who has
held the office of judicial registrar is entitled
to have his or her service in that office taken
into account in computing the period of
service which entitles public officials (within
the meaning of the Public Administration
Act 2004) to be granted long service leave or
other leave entitlements, whether his or her
service in the office of judicial registrar is
before or after any period of service as such
a public official.
542F Resignation from office
A judicial registrar may resign from office
by delivering to the Governor a signed letter
of resignation.
s. 39
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542G Suspension from office
(1) The President, with the approval of the
Attorney-General, may suspend a judicial
registrar from office, if the President believes
that there may be grounds for removal of the
judicial registrar from office.
(2) A judicial registrar who is suspended under
this section remains entitled to his or her
remuneration and allowances as judicial
registrar during the period of suspension.
542H Investigation of judicial registrar and
report
(1) As soon as practicable after the President
suspends a judicial registrar from office
under section 542G, the Attorney-General
must appoint a person nominated by the
President to undertake an investigation into
the judicial registrar's conduct.
(2) A person appointed under subsection (1)
must—
(a) investigate the judicial registrar's
conduct; and
(b) report to the Attorney-General on the
investigation; and
(c) give a copy of the report to the judicial
registrar and the President.
(3) A report under subsection (2)(b) may include
a recommendation that the judicial registrar
be removed from office.
(4) After receiving a report under
subsection (2)(b) recommending removal,
the Attorney-General, after consulting the
President, may recommend to the Governor
in Council that the judicial registrar be
removed from office.
s. 39
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(5) The person who conducted the investigation
and the Attorney-General may only
recommend that a judicial registrar be
removed on the ground of proved
misbehaviour or incapacity.
(6) The Attorney-General must not make a
recommendation under subsection (4) unless
the judicial registrar has been given a
reasonable opportunity to make written and
oral submissions to the person who
conducted the investigation and the
President.
(7) In making a recommendation under
subsection (4), the Attorney-General is
entitled to rely on any findings contained in
the report under subsection (2).
(8) If the Attorney-General decides not to make
a recommendation under subsection (4)—
(a) the Attorney-General must inform the
President as soon as practicable after
receiving the report under
subsection (2)(b); and
(b) the President must lift the suspension.
542I Removal of judicial registrar from office
The Governor in Council may remove a
judicial registrar from office on the
recommendation of the Attorney-General
under section 542H but not otherwise.
542J Performance of duties by judicial
registrar
(1) A judicial registrar—
(a) must not hear, or continue to hear, a
proceeding that the judicial registrar
considers for any reason inappropriate
for hearing and determination by the
s. 39
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Court constituted by a judicial registrar;
and
(b) must make appropriate arrangements
for the proceeding to be heard and
determined by the Court constituted by
a magistrate.
(2) Subject to this Act and the rules of court, in
the performance of his or her duties as a
judicial registrar, a judicial registrar is not
subject to the direction or control of any
person or body.
(3) In the performance of his or her duties as a
judicial registrar, a judicial registrar has the
same protection and immunity as a Judge of
the Supreme Court has in the performance of
his or her duties as a Judge.
542K Review of decisions of judicial registrar
(1) The Court constituted by a magistrate may
direct that the hearing and determination of a
proceeding by the Court constituted by a
judicial registrar be reviewed by the Court
constituted by a magistrate.
(2) A direction may be given under
subsection (1)—
(a) at the request of a party to the
proceeding; or
(b) by the Court of its own motion.
(3) A review under this section is to be
conducted as a hearing de novo.
__________________".
s. 39
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40 Rules
After section 588(1A) of the Children, Youth
and Families Act 2005 insert—
"(1B) The President together with 2 or more
magistrates may jointly make rules of court
for or with respect to—
(a) the prescription of the proceedings or
class of proceedings which may be
dealt with by the Court constituted by a
judicial registrar;
(b) delegating to the judicial registrars all
or any of the powers of the Court
specified by the rules of court in
relation to proceedings prescribed
under paragraph (a), including, but not
limited to, the exercise by judicial
registrars of the jurisdiction of the
Court other than the power—
(i) to impose a sentence of detention
in a youth justice centre or youth
residential centre; or
(ii) to make a youth attendance order;
(c) the transfer or referral of proceedings
between the Court constituted by a
judicial registrar and the Court
constituted by a magistrate of the
Court;
(d) reviews of, and appeals from, the Court
constituted by a judicial registrar.
__________________".
s. 40
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Division 5—Amendments to the Coroners Act 2008
41 Definitions
In section 3(1) of the Coroners Act 2008 insert
the following definition—
"judicial registrar means a judicial registrar of the
Coroners Court appointed under Division 1A
of Part 8;".
42 The Coroners Court
(1) In section 89(2) of the Coroners Act 2008, for
"and registrars" substitute ", judicial registrars
and registrars".
(2) After section 89(3) of the Coroners Act 2008
insert—
"(3A) Without limiting subsection (3), the
Coroners Court may be constituted by a
judicial registrar in the case of any matter for
which provision is made by rules of the
Coroners Court for—
(a) the Coroners Court to be so constituted;
and
(b) the delegation to judicial registrars of
powers of the Coroners Court to hear
and determine such matters.".
43 New Division 1A of Part 8 inserted
After Division 1 of Part 8 of the Coroners Act
2008 insert—
"Division 1A—Judicial registrars
102A Assignment of duties
(1) The State Coroner or Deputy State Coroner
may assign duties to a judicial registrar.
s. 41
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(2) A judicial registrar must—
(a) carry out the duties that are from time
to time assigned to him or her by the
State Coroner or the Deputy State
Coroner, as the case requires; and
(b) subject to section 89(3A), perform the
duties and exercise the powers and
authorities imposed or conferred on
him or her by or under this Act or any
other Act or by the rules.
102B Guidelines relating to the appointment of
judicial registrars
(1) The State Coroner, in consultation with the
Attorney-General may—
(a) prepare guidelines relating to the
appointment of judicial registrars of the
Coroners Court; and
(b) from time to time amend or revoke any
guidelines prepared under
paragraph (a).
(2) As soon as practicable after preparing,
amending or revoking any guidelines under
subsection (1), the State Coroner must cause
a copy of the guidelines or the amendment or
notice of the revocation (as the case requires)
to be given to the Attorney-General.
102C Recommendations for appointment of
judicial registrars
(1) The State Coroner may, at any time,
recommend to the Attorney-General that a
judicial registrar, or more than one judicial
registrar, of the Coroners Court be appointed
by the Governor in Council.
s. 43
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(2) In making a recommendation under
subsection (1), the State Coroner must have
regard to any guidelines in force under
section 102B(1).
(3) On receiving a recommendation under
subsection (1), the Attorney-General may
recommend to the Governor in Council that a
judicial registrar, or more than one judicial
registrar, of the Coroners Court be appointed
under section 102D.
102D Appointment by Governor in Council
(1) On the recommendation of the Attorney-
General under section 102C, the Governor in
Council may appoint a person as a judicial
registrar of the Coroners Court for the
period, not exceeding 5 years, specified in
his or her instrument of appointment.
(2) A person is not eligible for appointment as a
judicial registrar unless he or she—
(a) is either—
(i) an Australian lawyer within the
meaning of the Legal Profession
Act 2004; or
(ii) enrolled as a legal practitioner of
the High Court of Australia; and
(b) has been admitted to legal practice in
Victoria or another State or a Territory,
or has been enrolled as a legal
practitioner of the High Court of
Australia, for not less than 5 years.
(3) A judicial registrar may be appointed on a
full-time or part-time basis.
(4) A judicial registrar, although not appointed
on a part-time basis, may, by agreement in
writing entered into with the State Coroner,
s. 43
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undertake the duties of a judicial registrar on
a part-time basis.
(5) A judicial registrar is eligible for
re-appointment.
(6) The Public Administration Act 2004 does
not apply to a judicial registrar in respect of
the office of judicial registrar.
102E Remuneration and terms and conditions
of appointment
(1) A judicial registrar is entitled to receive the
remuneration and allowances that are fixed
in respect of him or her from time to time by
the Governor in Council.
(2) The remuneration of a judicial registrar is to
be paid out of the Consolidated Fund, which
is hereby appropriated to the necessary
extent.
(3) Except with the approval of the Attorney-
General, a judicial registrar must not—
(a) engage in legal practice; or
(b) undertake paid employment; or
(c) conduct a business, trade or profession
of any kind.
(4) A judicial registrar must disclose to the State
Coroner in writing any direct or indirect
pecuniary interest that he or she has or
acquires that could conflict with the proper
performance of the duties of the office of
judicial registrar.
(5) Despite any provision to the contrary made
by or under any other Act, a person who has
held the office of judicial registrar is entitled
to have his or her service in that office taken
into account in computing the period of
s. 43
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service which entitles public officials (within
the meaning of the Public Administration
Act 2004) to be granted long service leave or
other leave entitlements, whether his or her
service in the office of judicial registrar is
before or after any period of service as such
a public official.
102F Resignation from office
A judicial registrar may resign from office
by delivering to the Governor a signed letter
of resignation.
102G Suspension from office
(1) The State Coroner, with the approval of the
Attorney-General, may suspend a judicial
registrar from office, if the State Coroner
believes that there may be grounds for
removal of the judicial registrar from office.
(2) A judicial registrar who is suspended under
this section remains entitled to his or her
remuneration and allowances as judicial
registrar during the period of suspension.
102H Investigation of judicial registrar and
report
(1) As soon as practicable after the State
Coroner suspends a judicial registrar from
office under section 102G, the Attorney-
General must appoint a person nominated by
the State Coroner to undertake an
investigation into the judicial registrar's
conduct.
(2) A person appointed under subsection (1)
must—
(a) investigate the judicial registrar's
conduct; and
s. 43
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(b) report to the Attorney-General on the
investigation; and
(c) give a copy of the report to the judicial
registrar and the State Coroner.
(3) A report under subsection (2)(b) may include
a recommendation that the judicial registrar
be removed from office.
(4) After receiving a report under subsection
(2)(b) recommending removal, the Attorney-
General, after consulting the State Coroner,
may recommend to the Governor in Council
that the judicial registrar be removed from
office.
(5) The person who conducted the investigation
and the Attorney-General may only
recommend that a judicial registrar be
removed on the ground of proved
misbehaviour or incapacity.
(6) The Attorney-General must not make a
recommendation under subsection (4) unless
the judicial registrar has been given a
reasonable opportunity to make written and
oral submissions to the person who
conducted the investigation and the State
Coroner.
(7) In making a recommendation under
subsection (4), the Attorney-General is
entitled to rely on any findings contained in
the report under subsection (2).
(8) If the Attorney-General decides not to make
a recommendation under subsection (4)—
(a) the Attorney-General must inform the
State Coroner as soon as practicable
after receiving the report under
subsection (2)(b); and
s. 43
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(b) the State Coroner must lift the
suspension.
102I Removal of judicial registrar from office
The Governor in Council may remove a
judicial registrar from office on the
recommendation of the Attorney-General
under section 102H but not otherwise.
102J Performance of duties by judicial
registrar
(1) A judicial registrar—
(a) must not determine, or continue to
determine, a matter that the judicial
registrar considers for any reason
inappropriate for determination by the
Coroners Court constituted by a judicial
registrar; and
(b) must make appropriate arrangements
for the matter to be determined by the
Coroners Court constituted by a
coroner.
(2) Subject to this Act and the rules of the
Coroners Court, a judicial registrar, in the
performance of his or her duties as a judicial
registrar, is not subject to the direction or
control of any person or body.
(3) In the performance of his or her duties as a
judicial registrar, a judicial registrar has the
same protection and immunity as a Judge of
the Supreme Court has in the performance of
his or her duties as a Judge.
102K Review of decisions of judicial registrar
(1) The Coroners Court constituted by a coroner
may direct that the determination of a matter
by the Coroners Court constituted by a
s. 43
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judicial registrar be reviewed by the
Coroners Court constituted by a coroner.
(2) A direction may be given under
subsection (1) by the Coroners Court of its
own motion.
(3) A review under this section is to be
conducted as a determination de novo.".
44 Contempt
In section 103(1) of the Coroners Act 2008,
after "a coroner" (wherever occurring) insert
"or a judicial registrar".
45 Rules of the Coroners Court
(1) In section 105(1)(j) of the Coroners Act 2008
after "coroners" insert ", judicial registrars".
(2) After section 105(1)(j) of the Coroners Act 2008
insert—
"(ja) the prescription of the matters or class of
matters which may be dealt with by the
Coroners Court constituted by a judicial
registrar;
(jb) delegating to the judicial registrars all or any
of the powers of the Coroners Court
specified by the Rules in relation to matters
prescribed under paragraph (ja), including,
but not limited to, the exercise by judicial
registrars of the jurisdiction of the Coroners
Court other than powers under sections 16,
17, 18, 19, 20, 24, 25, 27, 28, 30, 31, 37, 38,
39, 40, 41, 43, 44, 45, 46, 48, 52, 53, 59, 67,
68, 72, 73(1), 73(2), 74, 77, 103, 105, 107,
114 and 115;
(jc) reviews of, and appeals from, the Coroners
Court constituted by a judicial registrar;".
s. 44
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(3) In section 105(2) of the Coroners Act 2008—
(a) in paragraph (a) after "coroner" (where twice
occurring) insert ", judicial registrar";
(b) in paragraph (b)—
(i) after "a coroner" insert ", a judicial
registrar";
(ii) after "class of coroner" insert ",
judicial registrar".
46 Professional development and training
In section 108(2) of the Coroners Act 2008—
(a) for "or registrars" substitute ", registrars or
judicial registrars";
(b) for "or registrar" (wherever occurring)
substitute ", registrar or judicial registrar".
Division 6—Consequential amendments
47 Extension of time for filing or serving notice of
appeal or notice of application for leave to appeal—
Criminal Procedure Act 2009
In section 313(1) of the Criminal Procedure Act
2009 for "or the Registrar" substitute "or, in
accordance with the Rules, the Registrar".
s. 46
See:
Act No.
7/2009.
Reprint No. 1
as at
1 January
2010
and
amending
Act Nos
7/2009 and
13/2009.
LawToday:
www.
legislation.
vic.gov.au
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48 Extension of time for filing or serving notice of
appeal or notice of application for leave to appeal—
Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997
In section 76C(1) of the Crimes (Mental
Impairment and Unfitness to be Tried) Act
1997 for "or the Registrar" substitute ", or, in
accordance with the Rules, the Registrar".
49 Magistrates' Court Act 1989—judicial resolution
conference
(1) In section 3(1) of the Magistrates' Court Act
1989 in the definition of judicial resolution
conference after "magistrate" insert "or a judicial
registrar".
(2) In section 108B(2) of the Magistrates' Court Act
1989 after "a magistrate" insert "or a judicial
registrar".
(3) In section 108C of the Magistrates' Court Act
1989 after "a magistrate" insert "or a judicial
registrar".
__________________
See:
Act No.
65/1997.
Reprint No. 3
as at
1 January
2007
and
amending
Act Nos
97/2005,
23/2006,
12/2008,
7/2009,
68/2009 and
69/2009.
LawToday:
www.
legislation.
vic.gov.au
s. 48
See:
Act No.
51/1989.
Reprint No. 14
as at
21 August
2008
and
amending
Act Nos
51/2006,
12/2008,
24/2008,
38/2008,
52/2008,
68/2008,
72/2008,
74/2008,
76/2008,
83/2008,
4/2009, 7/2009,
9/2009,
25/2009,
30/2009,
50/2009,
68/2009,
69/2009 and
87/2009.
LawToday:
www.
legislation.
vic.gov.au
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Part 5—General
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No. 34 of 2010
56
PART 5—GENERAL
50 Statute law revision—Magistrates' Court Act 1989
In section 16C(2) of the Magistrates' Court Act
1989, omit "by him or her".
51 Statute law revision—Supreme Court Act 1986
In section 17J(1)(a) of the Supreme Court Act
1986 omit "to be", where secondly occurring.
52 Repeal of amending Act
This Act is repealed on 1 January 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. 50
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 15 April 2010
Legislative Council: 6 May 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the
County Court Act 1958 in relation to certain pension entitlements, to
amend the Constitution Act 1975, the Supreme Court Act 1986, the
County Court Act 1958, the Children, Youth and Families Act 2005
and the Coroners Act 2008 in relation to the office of judicial registrar,
to amend the Coroners Act 2008 in relation to acting coroners, to make
consequential amendments to various Acts and for other purposes."
Constitution Act 1975:
Absolute majorities:
Legislative Assembly: 6 May 2010
Legislative Council: 9 June 2010
Endnotes
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