Courts and Tribunals Legislation (Amendment) Act 2000

i Courts and Tribunals Legislation (Amendment) Act 2000 Act No. 1/2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—EMPLOYMENT-RELATED EXPENSES OF JUDGES, MASTERS AND MAGISTRATES 3 3. Constitution Act 1975 3 4. County Court Act 1958 4 5. Magistrates' Court Act 1989 6 PART 3—REMUNERATION OF ACTING MAGISTRATES 8 6. Remuneration of acting magistrates 8 7. Consequential amendment of Judicial Remuneration Tribunal Act 1995 8 PART 4—AMENDMENT OF SENTENCING ACT 1991 10 8. Time held in custody pending appeal 10 9. New section 121 substituted 10 121. Transitional provision—Courts and Tribunals Legislation (Amendment) Act 2000 10 PART 5—INTERNAL PROMOTION OF VCAT MEMBERS 11 10. New section 16A inserted in Victorian Civil and Administrative Tribunal Act 1998 11 16A. Internal promotion of Tribunal members 11 11. Repeal of spent transitional provision 11 ═══════════════ NOTES 12 -- 1 of 13 -- 1 Courts and Tribunals Legislation (Amendment) Act 2000 † [Assented to 28 March 2000] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to amend the Constitution Act 1975, the County Court Act 1958 and the Magistrates' Court Act 1989 with respect to employment-related expenses of judges, masters and magistrates; Victoria No. 1 of 2000 -- 2 of 13 -- Act No. 1/2000 Courts and Tribunals Legislation (Amendment) Act 2000 2 (b) to amend the Magistrates' Court Act 1989 and the Judicial Remuneration Tribunal Act 1995 to give that tribunal jurisdiction in relation to the remuneration of acting magistrates; (c) to amend the Sentencing Act 1991 to remove the power of the Court of Appeal to direct that time spent in custody pending an appeal is not to be reckoned as a period of imprisonment already served; (d) to amend the Victorian Civil and Administrative Tribunal Act 1998 to provide for the internal promotion of tribunal members. 2. Commencement (1) This Act, except Part 2, comes into operation on the day after the day on which it receives the Royal Assent. (2) Part 2 comes into operation on 1 July 2000. _______________ s. 2 -- 3 of 13 -- Act No. 1/2000 Courts and Tribunals Legislation (Amendment) Act 2000 3 PART 2—EMPLOYMENT-RELATED EXPENSES OF JUDGES, MASTERS AND MAGISTRATES 3. Constitution Act 1975 (1) In section 80A of the Constitution Act 1975, for sub-section (6) substitute— "(6) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts payable under this section to Judges who make an election under sub-section (1) or are appointed under sub-section (3A); and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of those Judges; and (c) pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to those Judges; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to those Judges.". (2) In section 82 of the Constitution Act 1975, for sub-section (7) substitute— "(7) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the salaries and allowances payable under this section; and (b) premiums and other amounts payable under the Accident Compensation No. 8750/1975. Reprint No. 13 as at 17 September 1998. Further amended by No. 24/1999. s. 3 -- 4 of 13 -- Act No. 1/2000 Courts and Tribunals Legislation (Amendment) Act 2000 4 (WorkCover Insurance) Act 1993 in respect of the Judges of the Court; and (c) pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to the Judges of the Court; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the Judges of the Court.". (3) In section 83A of the Constitution Act 1975, for sub-section (4) substitute— "(4) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the salaries and allowances payable under this section; and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of the masters; and (c) pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to the masters; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the masters.". 4. County Court Act 1958 (1) In section 10 of the County Court Act 1958, for sub-section (7) substitute— "(7) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— No. 6230/1958. Reprint No. 9 as at 1 August 1998. Further amended by No. 10/1999. s. 4 -- 5 of 13 -- Act No. 1/2000 Courts and Tribunals Legislation (Amendment) Act 2000 5 (a) the salaries and allowances payable under this section; and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of the judges; and (c) pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to the judges; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the judges.". (2) In section 13A of the County Court Act 1958, for sub-section (6) substitute— "(6) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts payable under this section to judges who make an election under sub-section (1) or are appointed under sub-section (3A); and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of those judges; and (c) pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to those judges; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to those judges.". s. 4 -- 6 of 13 -- Act No. 1/2000 Courts and Tribunals Legislation (Amendment) Act 2000 6 (3) In section 17AA of the County Court Act 1958, for sub-section (4) substitute— "(4) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the salaries and allowances payable under this section; and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of the masters of the court; and (c) pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to the masters of the court; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the masters of the court.". 5. Magistrates' Court Act 1989 (1) In Schedule 1 to the Magistrates' Court Act 1989, for clause 10 substitute— "10. The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the salaries and allowances payable under this Part; and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of the magistrates; and (c) superannuation benefits (within the meaning of the Pay-roll Tax Act 1971) payable in respect of the magistrates; and No. 51/1989. Reprint No. 6 as at 1 July 1999. Further amended by No. 35/1999. s. 5 -- 7 of 13 -- Act No. 1/2000 Courts and Tribunals Legislation (Amendment) Act 2000 7 (d) pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to the magistrates; and (e) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the magistrates.". (2) In Schedule 1 to the Magistrates' Court Act 1989, for clause 12 substitute— "12. The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the remuneration payable under this Part; and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of acting magistrates; and (c) superannuation benefits (within the meaning of the Pay-roll Tax Act 1971) payable in respect of acting magistrates; and (d) pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to acting magistrates; and (e) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to acting magistrates.". _______________ s. 5 -- 8 of 13 -- Act No. 1/2000 Courts and Tribunals Legislation (Amendment) Act 2000 8 PART 3—REMUNERATION OF ACTING MAGISTRATES 6. Remuneration of acting magistrates In Schedule 1 to the Magistrates' Court Act 1989, for clause 11 substitute— "11. An acting magistrate, while undertaking the duties of a magistrate, is entitled to be paid— (a) remuneration at such rate or of such amount or of such kind as that to which he or she was entitled— (i) immediately before the commencement of section 6 of the Courts and Tribunals Legislation (Amendment) Act 2000; or (ii) upon his or her appointment— whichever is the later; or (b) remuneration at such rate or of such amount or of such kind as is for the time being applicable pursuant to an adjustment certified by the Attorney-General under the Judicial Remuneration Tribunal Act 1995.". 7. Consequential amendment of Judicial Remuneration Tribunal Act 1995 (1) In section 1(b) of the Judicial Remuneration Tribunal Act 1995 after "persons" insert "and the remuneration of acting magistrates". (2) After section 11(1) of the Judicial Remuneration Tribunal Act 1995 insert— "(1A) The Tribunal also has the function of inquiring into, and reporting to the Attorney- General on, the question whether any adjustments are desirable in the remuneration of acting magistrates.". s. 6 No. 22/1995 as amended by No. 46/1998. -- 9 of 13 -- Act No. 1/2000 Courts and Tribunals Legislation (Amendment) Act 2000 9 (3) In the Judicial Remuneration Tribunal Act 1995— (a) in section 13(2) after "office" insert "or the remuneration of an acting magistrate"; (b) in section 15(1) after "allowances," (where secondly occurring) insert "or remuneration,"; (c) in section 15(2) after "allowances" insert "or remuneration"; (d) Part 4 is repealed. _______________ s. 7 -- 10 of 13 -- Act No. 1/2000 Courts and Tribunals Legislation (Amendment) Act 2000 10 PART 4—AMENDMENT OF SENTENCING ACT 1991 8. Time held in custody pending appeal In section 18 of the Sentencing Act 1991— (a) sub-sections (1A) and (1B) are repealed; (b) in sub-section (2), paragraph (ca) is repealed. 9. New section 121 substituted For section 121 of the Sentencing Act 1991 substitute— "121. Transitional provision—Courts and Tribunals Legislation (Amendment) Act 2000 The amendments of this Act made by section 8 of the Courts and Tribunals Legislation (Amendment) Act 2000 apply in relation to any application for leave to appeal determined on or after the commencement of that section, whether notice of the application was given before or after that commencement.". _______________ No. 49/1991. Reprint No. 4 as at 1 July 1998. Further amended by Nos 57/1998, 10/1999, 19/1999 and 35/1999. s. 8 -- 11 of 13 -- Act No. 1/2000 Courts and Tribunals Legislation (Amendment) Act 2000 11 PART 5—INTERNAL PROMOTION OF VCAT MEMBERS 10. New section 16A inserted in Victorian Civil and Administrative Tribunal Act 1998 After section 16 of the Victorian Civil and Administrative Tribunal Act 1998 insert— "16A. Internal promotion of Tribunal members (1) The Governor in Council, on the recommendation of the Minister, may appoint— (a) a senior member of the Tribunal as a Deputy President; (b) an ordinary member of the Tribunal as a senior member— for the remainder of the member's term of office. (2) The Minister may recommend the appointment of a member under sub-section (1) only if— (a) the member is eligible for appointment as a Deputy President or senior member, as the case requires; and (b) the President has recommended the appointment to the Minister.". 11. Repeal of spent transitional provision In Schedule 2 to the Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, clause 6 is repealed. ═══════════════ No. 53/1998. Reprint No. 1 as at 1 July 1999. Further amended by No. 17/1999. s. 10 No. 52/1998 as amended by No. 101/1998. -- 12 of 13 -- Act No. 1/2000 Courts and Tribunals Legislation (Amendment) Act 2000 12 NOTES † Minister's second reading speech— Legislative Assembly: 16 December 1999 Legislative Council: 15 March 2000 The long title for the Bill for this Act was "to amend the Constitution Act 1975, the County Court Act 1958, the Magistrates' Court Act 1989 and the Judicial Remuneration Tribunal Act 1995 with respect to the remuneration and related expenses of judges, masters and magistrates, to repeal section 18(1A) and (1B) of the Sentencing Act 1991, to amend the Victorian Civil and Administrative Tribunal Act 1998 and for other purposes." Constitution Act 1975: Absolute majorities: Legislative Assembly: 2 March 2000 Legislative Council: 21 March 2000 Notes -- 13 of 13 --