Courts and Tribunals Legislation (Further Amendment) Act 2000

i Courts and Tribunals Legislation (Further Amendment) Act 2000 Act No. 51/2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2—LEGAL PRACTICE ACT 1996 3 3. Oath of allegiance no longer required 3 PART 3—MAGISTRATES' COURT ACT 1989 4 4. Civil rules of court—pre-hearing conferences 4 5. Insertion of new section 19A 4 19A. Recording of proceedings 4 6. Pre-hearing conferences 4 7. Regulations—fees for recordings 4 8. Insertion of new section 143 5 143. Rules of court—recording of proceedings 5 9. Statute law revision 5 PART 4—SUPREME COURT ACT 1986 6 10. Further restriction on appeals 6 11. Statute law revision 6 PART 5—VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 8 12. Definitions 8 13. New section 11A inserted 8 11A. Short-term Vice Presidents 8 14. Appointment of members 9 15. Suspension of non-judicial member 9 16. Validity of proceedings 10 17. New section 25A inserted 10 25A. Member or former member may not represent a party 10 -- 1 of 17 -- Section Page ii 18. Non-payment of application fees 11 19. Summary dismissal of proceedings 12 20. Conduct of proceedings causing disadvantage 12 21. Mediator may require attendance at mediation 12 22. Notice of successful mediation 12 23. Power to close hearings 12 24. Failing to attend an assessment of costs 12 25. Declarations 14 26. Contempt 14 27. Statute law revision 14 ═══════════════ ENDNOTES 15 -- 2 of 17 -- 1 Courts and Tribunals Legislation (Further Amendment) Act 2000 † [Assented to 5 September 2000] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to make miscellaneous amendments to the Legal Practice Act 1996, the Magistrates' Court Act 1989, the Supreme Court Act 1986 and the Victorian Civil and Administrative Tribunal Act 1998. Victoria No. 51 of 2000 -- 3 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 2 2. Commencement (1) This Act, except sections 5 and 6, comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to sub-section (3), sections 5 and 6 come into operation on a day or days to be proclaimed. (3) If section 5 or 6 does not come into operation before 1 January 2001, it comes into operation on that day. _______________ s. 2 -- 4 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 3 PART 2—LEGAL PRACTICE ACT 1996 3. Oath of allegiance no longer required In section 6(1) of the Legal Practice Act 1996, for paragraph (c) substitute— "(c) takes an oath of office, or makes an affirmation of office, in the form required by the Court.". _______________ No. 35/1996. Reprint No. 2 as at 15 August 1999. Further amended by No. 52/1999. s. 3 -- 5 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 4 PART 3—MAGISTRATES' COURT ACT 1989 4. Civil rules of court—pre-hearing conferences In section 16(1) of the Magistrates' Court Act 1989, after paragraph (fa) insert— "(fb) the referral of any civil proceeding, or any part of a civil proceeding, for a pre-hearing conference and the conduct of pre-hearing conferences;". 5. Insertion of new section 19A After section 19 of the Magistrates' Court Act 1989 insert— "19A. Recording of proceedings The principal registrar must ensure that all proceedings in the Court are recorded in accordance with the Rules.". 6. Pre-hearing conferences (1) In section 107 of the Magistrates' Court Act 1989, for sub-section (1) substitute— "(1) A magistrate or a registrar may refer a civil proceeding or part of a civil proceeding for a pre-hearing conference in accordance with the Rules.". (2) In section 107(2) of the Magistrates' Court Act 1989— (a) in paragraph (a), for "complaint" substitute "proceeding or any part of the proceeding"; (b) in paragraph (b), for "matter" substitute "proceeding or any part of the proceeding"; (c) in paragraph (c), for "complaint" substitute "proceeding or any part of the proceeding". 7. Regulations—fees for recordings No. 51/1989. Reprint No. 6 as at 1 July 1999. Further amended by Nos 35/1999 and 1/2000. s. 4 -- 6 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 5 In section 140(1) of the Magistrates' Court Act 1989, after paragraph (b) insert— "(c) prescribing the fees and charges payable for the supply by the Court of any recording or any part of a recording of a proceeding; and". 8. Insertion of new section 143 After section 142 of the Magistrates' Court Act 1989 insert— "143. Rules of court—recording of proceedings The Chief Magistrate together with 2 or more Deputy Chief Magistrates may jointly make rules of court for or with respect to the recording of proceedings in the Court.". 9. Statute law revision In section 120(1) of the Magistrates' Court Act 1989, omit "the Children's Court Act 1973 and". _______________ -- 7 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 6 PART 4—SUPREME COURT ACT 1986 10. Further restriction on appeals In section 17A of the Supreme Court Act 1986, after sub-section (3) insert— "(3A) An order made by the Trial Division constituted by a Judge on an appeal to the Court— (a) under section 148(1)(b) of the Victorian Civil and Administrative Tribunal Act 1998; or (b) under section 92 or 109 of the Magistrates' Court Act 1989— is not subject to appeal to the Court of Appeal except by leave of the Court of Appeal or by leave of the Judge constituting the Trial Division. (3B) Sub-section (3A) applies only to an order made on an appeal instituted after the commencement of section 10 of the Courts and Tribunals Legislation (Further Amendment) Act 2000.". 11. Statute law revision In the Supreme Court Act 1986— (a) in section 3, in sub-sections (3), (4) and (5), for "General Rules of Procedure in Civil Proceedings 1986" substitute "Chapter I of the Rules of the Supreme Court"; (b) in section 84(3)(b)— (i) for "morgagee's" substitute "mortgagee's"; (ii) for "asignee" substitute "assignee"; No. 110/1986. Reprint No. 3 as at 1 August 1998 . Further amended by Nos 101/1998, 10/1999 and 62/1999. s. 10 -- 8 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 7 (c) For the heading to Part 8 substitute— "PART 8—TRANSITIONALS AND SAVINGS"; (d) sections 130, 131, 132, 133, 134, 135, 136, 137 and 140 and the Schedule are repealed. _______________ s. 11 -- 9 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 8 PART 5—VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 12. Definitions In section 3 of the Victorian Civil and Administrative Tribunal Act 1998— (a) after the definition of "professional advocate" insert— ' "reserve judge" of the County Court, means a judge who has made an election under section 13A(1) of the County Court Act 1958 or who has been appointed under section 13A(3A) of that Act;'; (b) in the definition of "Vice President", after "Tribunal" insert ", including a Vice President appointed under section 11A". 13. New section 11A inserted After section 11 of the Victorian Civil and Administrative Tribunal Act 1998 insert— "11A. Short-term Vice Presidents (1) If the President considers it necessary for the proper functioning of the Tribunal, he or she may request the Minister that one or more reserve judges of the County Court be appointed as Vice Presidents. (2) The Minister may appoint a reserve judge as a Vice-President for a term not exceeding 3 months. (3) A reserve judge may only be appointed as a Vice-President after the Minister has consulted the Chief Judge. No. 53/1998. Reprint No. 1 as at 1 July 1999. Further amended by Nos 17/1999, 57/1999 and 1/2000. s. 12 -- 10 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 9 (4) The appointment of a reserve judge as a Vice President does not affect his or her tenure of office or status as a reserve judge nor any salary, pension or other rights or privileges that he or she has as a reserve judge. (5) Service in the office of Vice President must be taken for all purposes to be service in the office of reserve judge. (6) Nothing in this Act prevents a reserve judge appointed as a Vice President who is appointed under section 13A(4) of the County Court Act 1958 from constituting the County Court for the purpose of the exercise by the County Court of any of its functions.". 14. Appointment of members In the Victorian Civil and Administrative Tribunal Act 1998— (a) in section 16(1), after "Members" insert "(other than a Vice President appointed under section 11A)"; (b) in section 21(1), after "judge" insert "or reserve judge, as the case requires". 15. Suspension of non-judicial member (1) In the Victorian Civil and Administrative Tribunal Act 1998— (a) in section 22(1)— (i) for "Minister" (where twice occurring) substitute "President"; (ii) for "President" substitute "Minister"; (b) in section 23(1), for "suspending" substitute "the President suspends". s. 14 -- 11 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 10 (2) In section 23 of the Victorian Civil and Administrative Tribunal Act 1998, for sub-section (8) substitute— "(8) If the Minister decides not to make a recommendation under sub-section (4)— (a) the Minister must inform the President as soon as practicable after receiving the report under sub-section (2)(b); and (b) the President must lift the suspension.". 16. Validity of proceedings In section 25 of the Victorian Civil and Administrative Tribunal Act 1998, at the end of paragraph (c) insert— "; or (d) a member or former member represents a party in a proceeding in contravention of section 25A.". 17. New section 25A inserted After section 25 of the Victorian Civil and Administrative Tribunal Act 1998 insert— "25A. Member or former member may not represent a party If the rules provide for proceedings to be entered in or transferred to lists of the Tribunal and for members to be assigned to those lists— (a) a member must not represent a party in any proceeding that has been entered in or transferred to a list to which the member has been assigned; s. 16 -- 12 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 11 (b) for a period of 2 years after a member ceases to be a member, he or she must not represent a party in any proceeding that has been entered in or transferred to a list to which the former member was assigned.". 18. Non-payment of application fees (1) In section 68(3) of the Victorian Civil and Administrative Tribunal Act 1998, for "application is deemed not to have been lodged" substitute "Tribunal is to take no further action in respect of the application (other than action referred to in sub-section (4))". (2) In section 68 of the Victorian Civil and Administrative Tribunal Act 1998, for sub- section (4) substitute— "(4) If the fee is not paid within 30 days after the day on which the application is lodged, the Tribunal may make an order striking out the proceeding, unless— (a) the fee has been waived under section 132 in that period; or (b) the fee has been reduced under section 132 and the reduced fee has been paid in that period; or (c) an applicant has requested the waiver or reduction of the fee and the request has not been determined by the end of that period.". s. 18 -- 13 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 12 19. Summary dismissal of proceedings In section 75(3) of the Victorian Civil and Administrative Tribunal Act 1998, at the end of paragraph (b) insert— "; or (c) a senior member who is a legal practitioner.". 20. Conduct of proceedings causing disadvantage In section 78(1) of the Victorian Civil and Administrative Tribunal Act 1998, at the end of paragraph (f) insert— "; or (g) failing to attend mediation or the hearing of the proceeding.". 21. Mediator may require attendance at mediation In section 89 of the Victorian Civil and Administrative Tribunal Act 1998, after "mediation" (where first occurring) insert "or the mediator". 22. Notice of successful mediation In section 90 of the Victorian Civil and Administrative Tribunal Act 1998, for "Tribunal" substitute "principal registrar". 23. Power to close hearings In section 101(5) of the Victorian Civil and Administrative Tribunal Act 1998, after "sub-section" insert "(2) or". 24. Failing to attend an assessment of costs In section 111 of the Victorian Civil and Administrative Tribunal Act 1998, after sub-section (2) insert— s. 19 -- 14 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 13 "(3) If— (a) a party fails to attend an assessment of costs having been given reasonable notice of the assessment by the principal registrar; and (b) the assessment is adjourned as a result; and (c) another party incurs additional costs because of the adjournment— the principal registrar may order that the party who failed to attend pay an amount fixed by the principal registrar in respect of the additional costs of the other party. (4) An order under sub-section (3) may be enforced under section 121 as if it were a monetary order. (5) A party against whom an order is made under sub-section (3) may, within 14 days after the day on which the order is made, require the principal registrar to refer the order to the Tribunal for review. (6) If the principal registrar makes an order under sub-section (3), the principal registrar— (a) must inform the party against whom it is made of the right of referral under sub-section (5); and (b) may stay the order, on the application of a party or on the principal registrar's own initiative, pending the exercise of that right and the determination of the review. s. 24 -- 15 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 14 (7) No fee is payable for a referral under sub-section (5). (8) On a referral under sub-section (5), the Tribunal must review the order and may, by order, confirm, vary or set aside the order. (9) Nothing in Division 3 of Part 3 applies to a review under sub-section (8).". 25. Declarations In section 124(2) of the Victorian Civil and Administrative Tribunal Act 1998, for "judicial member" substitute "presidential member". 26. Contempt In section 137 of the Victorian Civil and Administrative Tribunal Act 1998— (a) in sub-section (10), for "the President" substitute "a judicial member"; (b) sub-section (11) is repealed. 27. Statute law revision In clause 23 in Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, for "presiding member" substitute "person presiding". ═══════════════ s. 25 -- 16 of 17 -- Act No. 51/2000 Courts and Tribunals Legislation (Further Amendment) Act 2000 15 ENDNOTES † Minister's second reading speech— Legislative Assembly: 26 May 2000 Legislative Council: 29 August 2000 The long title for the Bill for this Act was "to make miscellaneous amendments to the Legal Practice Act 1996, the Magistrates' Court Act 1989, the Supreme Court Act 1986 and the Victorian Civil and Administrative Tribunal Act 1998 and for other purposes." Endnotes -- 17 of 17 --