Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007
Courts Legislation Amendment (Judicial Education
and Other Matters) Act 2007
No. 24 of 2007
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—JUDICIAL EDUCATION 3
3 New Division 6 inserted in Part 2 of the Supreme Court Act
1986 3
Division 6—Professional development and training 3
28A Professional development and training 3
4 New Division 3AA inserted in Part I of the County Court Act
1958 4
Division 3AA—Professional development and training 4
17AAA Professional development and training 4
5 New section 13B substituted in the Magistrates' Court
Act 1989 5
13B Professional development and training 5
6 New Division 5 inserted in Part 2 of the Victorian Civil and
Administrative Tribunal Act 1998 6
Division 5—Professional development and training 6
38A Professional development and training 6
7 Consequential amendment 6
PART 3—OTHER MATTERS 7
8 Commissions of Judges 7
9 Judicial pensions 7
10 Masters may constitute Court of Appeal 8
11 Appeals to the Court of Appeal from the County Court 8
i
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Section Page
12 Continuation of Koori Court (Criminal Division) of the
Children's Court 9
13 Repeal of Act 10
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ENDNOTES 11
ii
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Victoria
Courts Legislation Amendment
(Judicial Education and Other Matters)
Act 2007†
No. 24 of 2007
[Assented to 26 June 2007]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to amend the Supreme Court Act 1986, the
County Court Act 1958, the Magistrates'
Court Act 1989 and the Victorian Civil
and Administrative Tribunal Act 1998 to
provide for the professional development and
1
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Part 1—Preliminary
Courts Legislation Amendment (Judicial Education and Other Matters) Act
2007
No. 24 of 2007
s. 2
continuing education and training of judicial
officers;
(b) to amend the Constitution Act 1975 in
relation to the appointment, resignation and
retirement of Supreme Court Judges and the
entitlement of certain Judges or their spouses
to a pension;
(c) to amend the Constitution Act 1975 and the
Supreme Court Act 1986 to enable a
Supreme Court Master to constitute the
Court of Appeal in certain proceedings;
(d) to amend the County Court Act 1958 in
relation to appeals to the Court of Appeal in
civil proceedings;
(e) to amend the Children, Youth and Families
Act 2005 to provide for the Koori Court
(Criminal Division) of the Children's Court
to continue until 1 July 2009.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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2
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Part 2—Judicial Education
Courts Legislation Amendment (Judicial Education and Other Matters) Act
2007
No. 24 of 2007
s. 3
PART 2—JUDICIAL EDUCATION
3 New Division 6 inserted in Part 2 of the Supreme
Court Act 1986
See:
Act No.
110/1986.
Reprint No. 6
as at
28 April 2006
and
amending
Act No.
48/2006.
LawToday:
www.
legislation.
vic.gov.au
After Division 5 of Part 2 of the Supreme Court
Act 1986 insert—
"Division 6—Professional development and
training
28A Professional development and training
(1) In this section—
judicial officer means—
(a) a Judge or acting Judge of the
Court; or
(b) a Master.
(2) The Chief Justice is responsible for directing
the professional development and continuing
education and training of judicial officers.
(3) In discharging his or her responsibility under
subsection (2) the Chief Justice may direct—
(a) all judicial officers; or
(b) a specified class of judicial officer; or
(c) a specified judicial officer—
to participate in a specified professional
development or continuing education and
training activity.
(4) A direction under subsection (3) may be
given orally or in writing.".
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Part 2—Judicial Education
Courts Legislation Amendment (Judicial Education and Other Matters) Act
2007
No. 24 of 2007
s. 4
4 New Division 3AA inserted in Part I of the County
Court Act 1958
After Division 3 of Part I of the County Court
Act 1958 insert—
See:
Act No.
6230.
Reprint No. 12
as at
28 April 2006
and
amending
Act Nos
22/2006 and
50/2006
LawToday:
www.
legislation.
vic.gov.au
"Division 3AA—Professional development and
training
17AAA Professional development and training
(1) In this section—
judicial officer means—
(a) a judge; or
(b) a master of the court.
(2) The Chief Judge is responsible for directing
the professional development and continuing
education and training of judicial officers.
(3) In discharging his or her responsibility under
subsection (2) the Chief Judge may direct—
(a) all judicial officers; or
(b) a specified class of judicial officer; or
(c) a specified judicial officer—
to participate in a specified professional
development or continuing education and
training activity.
(4) A direction under subsection (3) may be
given orally or in writing.".
4
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Part 2—Judicial Education
Courts Legislation Amendment (Judicial Education and Other Matters) Act
2007
No. 24 of 2007
s. 5
5 New section 13B substituted in the Magistrates'
Court Act 1989
For section 13B of the Magistrates' Court Act
1989 substitute—
See:
Act No.
51/1989.
Reprint No. 12
as at
1 October
2006
and
amending
Act Nos
77/2004,
62/2005,
2/2006,
48/2006,
51/2006,
76/2006,
79/2006 and
13/2007.
LawToday:
www.
legislation.
vic.gov.au
"13B Professional development and training
(1) In this section—
judicial officer means—
(a) a magistrate or acting magistrate;
or
(b) a judicial registrar; or
(c) the principal registrar, a registrar
or a deputy registrar.
(2) The Chief Magistrate is responsible for
directing the professional development and
continuing education and training of judicial
officers.
(3) In discharging his or her responsibility under
subsection (2) the Chief Magistrate may
direct—
(a) all judicial officers; or
(b) a specified class of judicial officer; or
(c) a specified judicial officer—
to participate in a specified professional
development or continuing education and
training activity.
(4) A direction under subsection (3) may be
given orally or in writing.".
5
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Part 2—Judicial Education
Courts Legislation Amendment (Judicial Education and Other Matters) Act
2007
No. 24 of 2007
s. 6
6 New Division 5 inserted in Part 2 of the Victorian
Civil and Administrative Tribunal Act 1998
After Division 4 of Part 2 of the Victorian Civil
and Administrative Tribunal Act 1998 insert—
See:
Act No.
53/1998.
Reprint No. 5
as at
1 April 2007
and
amending
Act Nos
18/2003,
97/2005,
16/2006,
23/2006,
24/2006,
48/2006 and
69/2006.
LawToday:
www.
legislation.
vic.gov.au
"Division 5—Professional development and
training
38A Professional development and training
(1) The President is responsible for directing the
professional development and continuing
education and training of members.
(2) In discharging his or her responsibility under
subsection (1) the President may direct—
(a) all members; or
(b) a specified class of member; or
(c) a specified member—
to participate in a specified professional
development or continuing education and
training activity.
(3) A direction under subsection (2) may be
given orally or in writing.".
7 Consequential amendment
In section 30(2) of the Victorian Civil and
Administrative Tribunal Act 1998 omit "and for
directing the professional development and
training of members".
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Part 3—Other Matters
Courts Legislation Amendment (Judicial Education and Other Matters) Act
2007
No. 24 of 2007
s. 8
PART 3—OTHER MATTERS
8 Commissions of Judges
(1) In section 75B(2) of the Constitution Act 1975
after "Governor" insert "by commission".
See:
Act No.
8750.
Reprint No. 18
as at
31 October
2006
and
amending
Act No.
24/2006.
LawToday:
www.
legislation.
vic.gov.au
(2) In section 77(4)(d) of the Constitution Act 1975
for "years." substitute "years; or".
(3) After section 77(4)(d) of the Constitution Act
1975 insert—
"(e) on the resignation in writing of the judge at
any time before attaining the age specified in
whichever of paragraphs (a), (b), (c) or (d) is
applicable to the judge.".
(4) In section 83(1C) of the Constitution Act 1975—
(a) for "retire" substitute "resign in writing";
(b) for "retirement" substitute "resignation".
9 Judicial pensions
(1) After section 83(1C) of the Constitution Act
1975 insert—
"(1D) A person who—
(a) having resigned from the office of
Judge of the Court in the circumstances
set out in subsection (1C); and
(b) before attaining the age of 65 years has
become afflicted with some permanent
incapacity which, had he or she not
resigned, would have disabled him or
her from the due execution of his or her
office—
is entitled, on becoming so afflicted, to a
pension payable fortnightly at the rate of the
pension that would have been payable under
subsection (1C) if he or she had attained the
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Part 3—Other Matters
Courts Legislation Amendment (Judicial Education and Other Matters) Act
2007
No. 24 of 2007
s. 10
age of 65 years before becoming so
afflicted.".
(2) In section 83(2)(b) of the Constitution Act 1975
for "(1)" substitute "(1), (1A), (1B), (1C) or
(1D)".
10 Masters may constitute Court of Appeal
(1) After section 75A(2) of the Constitution Act
1975 insert—
"(2A) The Court of Appeal may be constituted by a
Master in the case of a proceeding for which
provision is made by an Act or enactment or
by rules of court for the Court of Appeal to
be so constituted.".
(2) In section 11(4) of the Supreme Court Act 1986
after "Judge of Appeal" insert "or a Master".
(3) For section 11(5) of the Supreme Court Act
1986 substitute—
"(5) The Court of Appeal may discharge or vary a
judgment, order or direction given or made
by a single Judge of Appeal or a Master.".
(4) After section 11(6) of the Supreme Court Act
1986 insert—
"(7) Subject to subsection (5), a judgment, order
or direction given or made by a Master when
exercising the jurisdiction and powers of the
Court of Appeal has effect as a judgment,
order or direction of the Court of Appeal.".
11 Appeals to the Court of Appeal from the County
Court
(1) In section 74(1) of the County Court Act 1958
for "Any" substitute "Subject to this section,
any".
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Part 3—Other Matters
Courts Legislation Amendment (Judicial Education and Other Matters) Act
2007
No. 24 of 2007
s. 12
(2) After section 74(2D) of the County Court Act
1958 insert—
"(2E) An appeal does not lie to the Court of Appeal
from a judgment or order of the court as to
costs which are in the discretion of the court,
being a judgment or order made on or after
the commencement of section 11 of the
Courts Legislation Amendment (Judicial
Education and Other Matters) Act 2007,
except with the leave of the Court of Appeal
or of the judge constituting the court which
gave the judgment or made the order.".
(3) For section 74(4) of the County Court Act 1958
substitute—
"(4) Except so far as the Court of Appeal or the
County Court otherwise orders, an appeal
from a judgment or order made on or after
the commencement of section 11 of the
Courts Legislation Amendment (Judicial
Education and Other Matters) Act 2007
does not operate as a stay of execution or of
proceedings under the judgment or order.".
12 Continuation of Koori Court (Criminal Division) of
the Children's Court
In section 2(3) of the Children, Youth and
Families Act 2005 for "1 July 2007" substitute
"1 July 2009".
See:
Act No.
96/2005.
Reprint No. 1
as at 23 April
2007
and
amending
Act Nos
97/2005,
23/2006,
24/2006,
29/2006,
51/2006 and
81/2006.
LawToday:
www.
legislation.
vic.gov.au
9
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Part 3—Other Matters
Courts Legislation Amendment (Judicial Education and Other Matters) Act
2007
No. 24 of 2007
s. 13
13 Repeal of Act
This Act is repealed on the first anniversary of its
commencement.
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Courts Legislation Amendment (Judicial Education and Other Matters) Act
2007
No. 24 of 2007
Endnotes
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 23 May 2007
Legislative Council: 7 June 2007
The long title for the Bill for this Act was "A Bill for an Act to amend the
Constitution Act 1975, the County Court Act 1958, the Supreme
Court Act 1986, the Magistrates' Court Act 1989, the Victorian Civil
and Administrative Tribunal Act 1998 and the Children, Youth and
Families Act 2005 and for other purposes."
Absolute majorities:
Legislative Assembly: 7 June 2007
Legislative Council: 19 June 2007
11
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