Courts Legislation Miscellaneous Amendments Act 2014
Act
Act No.
Courts Legislation Miscellaneous Amendments Act 2014No. 62 of
2014
Courts Legislation Miscellaneous Amendments Act 2014
No. 62 of 2014
table of provisions
SectionPage
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Confidential Draft prepared by the Office of Chief Parliamentary
Counsel Victoria
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Part 1Preliminary1
1Purposes1
2Commencement2
Part 2Civil Appeals4
Division 1Supreme Court Act 19864
3Way in which Court of Appeal may be constituted4
4New sections 14A to 14D inserted5
14ALeave to appeal required for civil appeals5
14BCommencing a civil appeal6
14CAppeal must have real prospect of success6
14DDetermination of application for leave to appeal6
5Business to be disposed of by Trial Division constituted by a
Judge of the Court or by an Associate Judge7
6Restriction on appeals7
7Power to make Rules8
8New sections 154 to 156 inserted9
154Transitional provisionsCourts Legislation Miscellaneous
Amendments Act 20149
155Power to resolve transitional difficulties in
proceeding10
156Regulations dealing with transitional matters10
Division 2Consequential Amendments to Other Acts12
9Accident Compensation Act1985Effect of decision on
application12
10Casino Control Act 1991Appeals12
11County Court Act 1958Appeal to the Court of Appeal13
12Disability Act 2006Appeals regarding extended leave14
13Disability Act 2006Appeals regarding revocation of
extendedleave14
14Fisheries Act 1995Determination of claim15
15Imprisonment of Fraudulent Debtors Act 1958Judgment debtor may
appeal to Full Court15
16Judgment Debt Recovery Act 1984Persistent wilful default16
17Land Acquisition and Compensation Act 1986Determination of
claim16
18Legal Profession Act 2004Order disqualifying persons16
19Legal Profession Act 2004Appeal against appointment17
20Status of Children Act 1974Appeals17
21Urban Renewal Authority Victoria Act 2003Grounds of review or
appeal17
22Valuation of Land Act 1960Powers on review or appeal18
23Victorian Civil and Administrative Tribunal Act1998Appeals
from the Tribunal18
24Workplace Injury Rehabilitation and Compensation Act2013Effect
of decision on application19
Part 3Victorian Civil and Administrative Tribunal20
Division 1Amendments to Victorian Civil and Administrative
Tribunal Act 199820
25Definitions20
26New section 16B inserted20
16BAmendment of appointment of sessional and nonsessional
members20
27New section 25B inserted21
25BMember or former member may not appear as expert
witness21
28Joinder of parties22
29Constitution of Tribunal in proceedings22
30Intervention23
31Mediation23
32New section 93A inserted23
93AParty may object to mediator hearing the proceeding23
33General procedure24
34Power to award costs24
35Orders as to reimbursement or payment of fees25
36New section 115CA inserted25
115CAPresumption of order for reimbursement of fees in certain
planning matters25
37Re-opening an order on substantive grounds26
38Power to make rules27
39New section 168 inserted27
168Transitional provisionsCourts Legislation Miscellaneous
Amendments Act201427
40Definition of planning enactment in Schedule 128
41Parties to lodge grounds28
42Member of Tribunal can mediate29
43New clause 97A inserted in Schedule 129
97AValuer-general may intervene and be represented29
44Subject matter for rules29
45Statute law revision29
Division 2Further amendments to Victorian Civil and
Administrative Tribunal Act 199830
46Definitions30
47Deputy Presidents, senior members and ordinary members30
48Appointment of members31
49Remuneration and allowances31
50Prohibition on outside employment32
51New sections 18A, 18B and 18C inserted32
18AEntry into part-time service arrangement32
18BVariation of part-time service arrangement34
18CTermination of part-time service arrangement34
52Transitional provisionsCourts Legislation Miscellaneous
Amendments Act201435
Division 3Amendment of Enabling Enactments36
53Planning and Environment Act 1987Parties to review36
54Planning and Environment Act 1987Injunctions36
55Retail Leases Act 2003Meaning of retail tenancy dispute37
56Retail Leases Act 2003Referral of retail tenancy disputes
foralternative dispute resolution37
57Retail Leases Act 2003Jurisdiction of Tribunal38
58Transport Accident Act 1986Application to Tribunal39
59Transport Accident Act 1986New Division 9 inserted in
Part1140
Division 9Courts Legislation Miscellaneous Amendments
Act201440
228Application to Tribunal40
60Valuation of Land Act 1960Functions of valuer-general40
Part 4Coroners41
61Certain reportable deaths do not require investigation41
62Objections to autopsy41
63Documents and prepared statements requested by coroner42
64Inquest into a death42
65Publication of findings and reports43
66Appeal in relation to determination that death not a
reportable death43
67Appeal in relation to determination of coroner not to
investigate afire43
68Appeal in relation to determination not to hold an
inquest44
69Appeal against refusal by coroner to re-open
investigation44
70Appeal to Supreme Court is on a question of law44
71New section 87A inserted44
87AAppeal to Supreme Court in the interests of justice44
72Rules of the Coroners Court45
73Access to documents45
74New section 120 inserted46
120Transitional provisionCourts Legislation Miscellaneous
Amendments Act201446
Part 5Court Security48
75Definitions48
76Heading to section 4 inserted49
77New sections 4A, 4B and 4C inserted49
4AOffence to record proceeding49
4BOffence to publish recording of proceeding50
4COffence to transmit to or give recording of proceeding
toanother person51
78Regulations52
79Consequential amendment to Legal Profession Uniform Law
Application Act201453
26ACourt Security Act 198053
Part 6Judicial Registrars54
Division 1Supreme Court Act 198654
80Guidelines relating to the appointment of judicial
registrars54
81Appointment by the Governor in Council54
82Remuneration and terms and conditions of appointment54
83New section 113GB inserted54
113GBOath or affirmation of office54
84Section 113M substituted55
113MAppeal from or review of determination of Court constituted
by judicial registrar55
Division 2County Court Act 195857
85Guidelines relating to the appointment of judicial
registrars57
86Appointment by the Governor in Council57
87Remuneration and terms and conditions of appointment57
88New section 17PA inserted58
17PAOath or affirmation of office58
89Section 17V substituted58
17VAppeal from or review of determination of court constituted
by judicial registrar58
Division 3Magistrates' Court Act 198960
90Guidelines relating to the appointment of judicial
registrars60
91Appointment of judicial registrars60
92Terms and conditions of appointment60
93New section 16DB inserted61
16DBOath or affirmation of office61
94Rules of Court61
95Section 16K substituted61
16KAppeal from or review of determination of Court constituted
by judicial registrar61
Division 4Children, Youth and Families Act 200563
96Guidelines relating to the appointment of judicial
registrars63
97Appointment by Governor in Council63
98Remuneration and terms and conditions of appointment63
99New section 542EA inserted64
542EAOath or affirmation of office64
100Section 542K substituted64
542KAppeal from or review of determination of Court constituted
by judicial registrar64
Division 5Coroners Act 200865
101Guidelines relating to the appointment of judicial
registrars65
102Appointment by Governor in Council66
103Remuneration and terms and conditions of appointment66
104New section 102EA inserted66
102EAOath or affirmation of office66
105Section 102K substituted67
102KAppeal from or review of decisions of judicial
registrar67
Division 6Victims of Crime Assistance Act 199668
106Rules68
107Review of delegated Tribunal decisions68
Part 7Further Miscellaneous Amendments and Repeal69
Division 1Supreme Court Act 198669
108Regulations69
Division 2Interpretation of Legislation Act 198471
109Prescribing matters by reference to other documents71
Division 3Repeal of amending Act71
110Repeal of amending Act71
Endnotes72
SectionPage
v
Victoria
1
Courts Legislation Miscellaneous Amendments Act
2014[endnoteRef:2] [2: Minister's second reading speechLegislative
Assembly: 25 June 2014Legislative Council: 20 August 2014The long
title for the Bill for this Act was "A Bill for an Act to amend the
Supreme Court Act 1986, the County Court Act 1958, the Magistrates'
Court Act 1989, the Coroners Act 2008, the Children, Youth and
Families Act 2005, the Victorian Civil and Administrative Tribunal
Act 1998, the Victims of Crime Assistance Act 1996, the Court
Security Act 1980 and the Interpretation of Legislation Act 1984,
to make consequential amendments to other Acts and for other
purposes."]
No. 62 of 2014
[Assented to 9 September 2014]
Courts Legislation Miscellaneous Amendments Act 2014No. 62 of
2014
2
The Parliament of Victoria enacts:
Part 1Preliminary
1Purposes
The main purposes of this Act are
(a)to amend the Supreme Court Act 1986
(i)to provide for appeals to the Court of Appeal in civil
proceedings to be generally by leave of the Court of Appeal;
(ii)to make other procedural amendments in relation to appeals
to the Court of Appeal in civil proceedings;
(iii)to provide for additional regulation making powers in
relation to court fees;
(b)to amend the Victorian Civil and Administrative Tribunal Act
1998 in relation to the service arrangements and the terms and
conditions of appointment of non-judicial members and to enhance
further the powers and efficiency of VCAT and to make related
amendments to certain enabling enactments;
(c)to amend the Coroners Act 2008
s. 2
(i)to further provide for various coronial processes;
(ii)to further provide for appeals to the Supreme Court;
(iii)to amend the periods for bringing an appeal in respect of
certain decisions of a coroner;
(d)to amend the Court Security Act 1980 to provide for certain
offences in relation to the recording of court proceedings;
(e)to amend court and tribunal Acts to make further provision in
relation to the office of judicial registrar, including review of,
and appeals from, determinations of judicial registrars.
2Commencement
(1)This Act (except Part 2, Division 2 of Part 3 and Parts 4, 5
and 6) comes into operation on the day after the day on which it
receives the Royal Assent.
(2)Subject to subsection (3), Part 2, Division 2 of Part 3 and
Parts 4, 5 and 6 come into operation on a day or days to be
proclaimed.
(3)If a provision of this Act does not come into operation
before 1 September 2015, it comes into operation on that day.
s. 2
__________________
Part 2Civil AppealsDivision 1Supreme Court Act 1986
3Way in which Court of Appeal may be constituted
s. 3
See:Act No.110/1986.Reprint No. 8as at1 December 2013and
amendingAct Nos 110/1986, 63/2013, 68/2013, 1/2014, 17/2014 and
25/2014.LawToday:www.legislation.vic.gov.au
(1)After section 11(1B) of the Supreme Court Act 1986 insert
"(1C)Subject to subsection (9), the Rules may provide that a
single Judge of Appeal may constitute, and may exercise all the
jurisdiction and powers of, the Court of Appeal
(a)in particular kinds of applications and appeals to or
proceedings in the Court of Appeal; or
(b)generally.".
(2)In section 11(4) of the Supreme Court Act 1986 omit "asingle
Judge of Appeal or".
(3)After section 11(4A) of the Supreme Court Act 1986 insert
"(4B)The Rules may provide that in particular kinds of
applications, appeals or proceedings, the Court of Appeal may
discharge or vary a judgment, order or direction given or made by a
single Judge of Appeal.".
(4)In section 11(5) of the Supreme Court Act 1986 omit "asingle
Judge of Appeal or".
(5)In section 11(6) of the Supreme Court Act 1986 for "Subject
to subsection (5)" substitute "Unless the Court of Appeal
discharges or varies a judgment, order or direction in accordance
with any Rules made under subsection (4B)".
(6)After section 11(8) of the Supreme Court Act 1986 insert
"(9)Subsection (1C) does not apply in relation to
(a)an appeal from a refusal to grant habeas corpus; or
(b)an appeal under the Serious Sex Offenders (Detention and
Supervision) Act 2009.".
4New sections 14A to 14D inserted
s. 4
After section 14 of the Supreme Court Act 1986 insert
"14ALeave to appeal required for civil appeals
(1)Subject to subsection (2), any civil appeal to the Court of
Appeal requires leave to appeal to be obtained from the Court of
Appeal.
(2)Leave to appeal is not required
(a)for an appeal from a refusal to grant habeas corpus; or
(b)for an appeal under the Serious Sex Offenders (Detention and
Supervision) Act 2009; or
(c)if the Rules provide that leave to appeal is not required,
whether in any particular class of application or proceeding or
generally.
(3)For the purposes of this section, civil appeal means an
appeal from a judgment or order made in exercise of civil
jurisdiction, including an appeal by way of rehearing or judicial
review, for which this Act, any other Act or the Rules provide an
appeal to the Court of Appeal.
14BCommencing a civil appeal
(1)An applicant for leave to appeal under section14A must file
an application for leave to appeal within 28 days from the date of
the judgment, order, determination or other decision which is the
subject of appeal unless the Rules otherwise provide.
(2)Unless this Act, any other Act or the Rules otherwise
provide, an application for leave to appeal is commenced by filing
the application for leave to appeal.
14CAppeal must have real prospect of success
s. 4
The Court of Appeal may grant an application for leave to appeal
under section14A only if it is satisfied that the appeal has a real
prospect of success.
14DDetermination of application for leave to appeal
(1)The Court of Appeal constituted by one or more Judges of
Appeal may determine an application for leave to appeal under
section14A with or without an oral hearing of the parties.
(2)Subject to subsection (3), if the Court of Appeal dismisses
an application for leave to appeal without an oral hearing, the
applicant, in accordance with the Rules, may apply to have the
dismissal set aside or varied at an oral hearing before the Court
of Appeal constituted by two or more Judges of Appeal.
(3)If the Court of Appeal dismisses an application for leave to
appeal without an oral hearing and has determined that the
application is totally without merit, the applicant has no right to
apply to have the dismissal set aside or varied.
(4)This section does not apply to
(a)an appeal from a refusal to grant habeas corpus; or
(b)an appeal under the Serious Sex Offenders (Detention and
Supervision) Act 2009.".
5Business to be disposed of by Trial Division constituted by a
Judge of the Court or by an Associate Judge
s. 5
At the foot of section 17(2) of the Supreme Court Act 1986
insert
"Note
See, for example, section 14A which requires leave of the Court
of Appeal for civil appeals as defined in that section.".
6Restriction on appeals
(1)In section 17A of the Supreme Court Act 1986
(a)subsections (1) and (5) are repealed;
(b)in subsection (3A) omit "or by leave of the Judge of the
Court or Associate Judge constituting the Trial Division";
(c)in subsection (3C)
(i)for "except" substitute "except by leave of the Court of
Appeal.";
(ii)paragraphs (a) and (b) are repealed;
(d)for subsection (4)(b) substitute
"(b)without leave of the Court of Appeal, from a judgment or an
order in an interlocutory application, being a judgment or order
given by the Trial Division constituted by a Judge of the Court or
by an Associate Judge in a criminal proceeding or quasi-criminal
proceeding except in the following cases
(i)when the liberty of the subject or the custody of minors is
concerned;
(ii)a decision dismissing a proceeding for want of
prosecution;
(iii)any cases prescribed by the Rules.".
(2)Section 17A(7) of the Supreme Court Act 1986 is repealed.
7Power to make Rules
s. 7
After section 25(1)(ca) of the Supreme Court Act 1986 insert
"(cab)without limiting paragraph (ca), in accordance with
section 11, providing for the constitution of the Court of Appeal
by a single Judge of Appeal
(i)in particular kinds of applications and appeals to or
proceedings in the Court of Appeal; or
(ii)generally;
(cac)without limiting paragraph (ca), in accordance with section
11, providing for the particular kinds of applications, appeals or
proceedings in respect of which the Court of Appeal may discharge
or vary a judgment, order or direction given or made by a single
Judge of Appeal;".
8New sections 154 to 156 inserted
s. 8
After section 153 of the Supreme Court Act 1986 insert
"154Transitional provisionsCourts Legislation Miscellaneous
Amendments Act 2014
(1)The amendments made to this Act by Part 2 of the Courts
Legislation Miscellaneous Amendments Act 2014 apply in relation to
any application or proceeding in the Court of Appeal, including any
appeal referred to in section14A (other than an appeal referred to
in section 14A(2)) commenced on or after the commencement of that
Part.
(2)The amendments made to this Act and to any other Act under
which an application or a proceeding in the Court of Appeal may be
commenced, including any appeal referred to in section14A (other
than an appeal referred to in section 14A(2)) by Part 2 of the
Courts Legislation Miscellaneous Amendments Act 2014 do not apply
in relation to that application or proceeding if
(a)the application or proceeding commenced before the
commencement of Part 2 of the Courts Legislation Miscellaneous
Amendments Act 2014; and
(b)the Court of Appeal has begun to hear and determine that
application or proceeding before the commencement of that Part.
(3)If an application or a proceeding in the Court of Appeal,
including any appeal referred to in section14A (other than an
appeal referred to in section 14A(2)) has commenced before the
commencement of Part 2 of the Courts Legislation Miscellaneous
Amendments Act 2014 but the Court of Appeal has not begun to hear
and determine that application or proceeding before the
commencement of that Part, the amendments made to this Act and any
other Act under which that application or proceeding is commenced
do not apply in relation to that application or proceeding, unless
the Court of Appeal otherwise orders.
155Power to resolve transitional difficulties in proceeding
s. 8
(1)If any difficulty arises because of the operation of Part2 of
the Courts Legislation Miscellaneous Amendments Act 2014 in
relation to an application or a proceeding, the Court may make any
order it considers appropriate to resolve the difficulty.
(2)An order made under subsection (1)
(a)may be made on application of a party to the application or
proceeding or on the Court's own motion; and
(b)has effect despite any provision to the contrary made by or
under any Act (otherthan the Charter of Human Rights and
Responsibilities Act 2006).
156Regulations dealing with transitional matters
(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 Part 2 of the Courts Legislation Miscellaneous Amendments Act
2014, including any repeals and amendments made by that Part.
(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 2014 receives
the Royal Assent;
s. 8
(b)be of limited or general application;
(c)differ according to differences in time, place or
circumstances;
(d)leave any matter or thing to be decided by a specified person
or specified class of persons;
(e)provide for the exemption of persons, applications or
proceedings or a class of persons, applications or proceedings from
any of the regulations made under this section.
(3)Regulations made under this section have effect despite
anything to the contrary
(a)in any Act (other than Part 2 of the Courts Legislation
Miscellaneous Amendments Act 2014 or the Charter of Human Rights
and Responsibilities Act 2006); or
(b)in any subordinate instrument.
(4)This section is repealed on the second anniversary of the day
on which it comes into operation.".
Division 2Consequential Amendments to Other Acts
9Accident Compensation Act1985Effect of decision on
application
s. 9
See:Act No.10191.Reprint No. 19as at11 February 2013and
amendingAct Nos76/2011, 9/2013, 30/2013, 43/2013, 55/2013, 67/2013,
76/2013, 17/2014 and
26/2014.LawToday:www.legislation.vic.gov.au
Section 134AC of the Accident Compensation Act 1985 is
repealed.
10Casino Control Act 1991Appeals
See:Act No.47/1991.Reprint No. 8as at22 June 2011and amendingAct
Nos29/2009, 84/2009, 74/2010, 58/2011, 32/2012, 65/2013, 4/2014 and
17/2014.LawToday:www.legislation.vic.gov.au
In section 155(3) of the Casino Control Act 1991, after "law"
insert "with leave of the Court of Appeal".
11County Court Act 1958Appeal to the Court of Appeal
s. 11
See:Act No.6320.Reprint No. 15as at1 May 2013and amendingAct Nos
6230, 28/2013, 58/2013, 63/2013, 67/2013, 68/2013, 70/2013, 17/2014
and 25/2014.LawToday:www. legislation.vic.gov.au
(1)In section 74(1) of the County Court Act 1958, after "Court
of Appeal" insert "with leave of the Court of Appeal".
(2)For section 74(2) of the County Court Act 1958 substitute
"(2)An appeal by a party referred to in subsection (1) must be
commenced by filing an application for leave to appeal in the Court
of Appeal within 28 days after the date of the judgment or order of
the court being appealed.".
(3)In section 74(2A) of the County Court Act 1958, for "appeal
may be brought" substitute "appeal or an application for leave to
appeal may be commenced".
(4)For section 74(2B) of the County Court Act 1958
substitute
"(2B)An application for leave to appeal must be made in
accordance with the Rules of the Supreme Court.".
(5)In section 74(2C) of the County Court Act 1958, for "A
notice" substitute "An application for leave to appeal or a
notice".
(6)Section 74(2D), (2E) and (3) of the County Court Act 1958 are
repealed.
12Disability Act 2006Appeals regarding extended leave
s. 12
See:Act No.23/2006.Reprint No. 1as at31 October 2012and
amendingAct Nos20/2012, 9/2013, 13/2013, 75/2013 and
26/2014.LawToday:www.legislation.vic.gov.au
(1)In section 163(1)(b) of the Disability Act 2006, after "Court
of Appeal" insert "with leave of the Court of Appeal".
(2)In section 163(2) of the Disability Act 2006, after "Court of
Appeal" insert "with leave of the Court of Appeal".
(3)In section 163(3) of the Disability Act 2006, after "Court of
Appeal" insert "with leave of the Court of Appeal".
13Disability Act 2006Appeals regarding revocation of extended
leave
(1)In section 165(1) of the Disability Act 2006, after "Court of
Appeal" insert "with leave of the Court of Appeal".
(2)In section 165(2) of the Disability Act 2006, after "Court of
Appeal" insert "with leave of the Court of Appeal".
(3)In section 165(3) of the Disability Act 2006, after "Court of
Appeal" insert "with leave of the Court of Appeal".
14Fisheries Act 1995Determination of claim
s. 14
See:Act No.92/1995.Reprint No. 7as at18 March 2013and
amendingAct Nos9/2013, 64/2013, 70/2013 and
17/2014.LawToday:www.legislation.vic.gov.au
In section 210(2) of the Fisheries Act 1995, after "law" insert
"and with leave of the Court of Appeal".
15Imprisonment of Fraudulent Debtors Act 1958Judgment debtor may
appeal to Full Court
See:Act No.6276.Reprint No. 5as at16 September 1999and
amendingAct No. 68/2009.LawToday:www.legislation.vic.gov.au
(1)Insert the following heading to section 9 of the Imprisonment
of Fraudulent Debtors Act 1958
"Judgment debtor may appeal to Court of Appeal".
(2)In section 9 of the Imprisonment of Fraudulent Debtors Act
1958
(a)for "order to the Full Court" substitute "order to the Court
of Appeal with leave of the Court of Appeal";
(b)for "Full Court" (where twice occurring) substitute "Court of
Appeal".
16Judgment Debt Recovery Act 1984Persistent wilful default
s. 16
See:Act No.10063.Reprint No. 2as at14 February
2008.LawToday:www.legislation.vic.gov.au
In section 19(4)(b) of the Judgment Debt Recovery Act 1984,
after "Court of Appeal" insert "with leave of the Court of
Appeal".
17Land Acquisition and Compensation Act 1986Determination of
claim
See:Act No.121/1986.Reprint No. 5as at16 May
2013.LawToday:www.legislation.vic.gov.au
In section 89(2) of the Land Acquisition and Compensation Act
1986 after "law" insert "and with leave of the Court of
Appeal".
18Legal Profession Act 2004Order disqualifying persons
See:Act No.99/2004.Reprint No. 4as at1 July 2011and amendingAct
Nos36/2011, 15/2012, 20/2012, 21/2012, 68/2013 and
17/2014.LawToday:www.legislation.vic.gov.au
In section 2.2.6(5) of the Legal Profession Act 2004, after
"law" insert "with leave of the Court of Appeal".
19Legal Profession Act 2004Appeal against appointment
s. 19
In section 5.6.4(3)(b) of the Legal Profession Act 2004, after
"Court of Appeal" insert "with leave of the Court of Appeal,".
20Status of Children Act 1974Appeals
See:Act No.8602.Reprint No. 3as at1 May
2013.LawToday:www.legislation.vic.gov.au
In section 30(1) of the Status of Children Act 1974, after
"Court of Appeal" insert "with leave of the Court of Appeal".
21Urban Renewal Authority Victoria Act 2003Grounds of review or
appeal
See:Act No.59/2003.Reprint No. 2as at25 October 2011and
amendingAct Nos61/2011 and
34/2013.LawToday:www.legislation.vic.gov.au
In section 51ZR(2) of the Urban Renewal Authority Victoria Act
2003, after "law" insert "and with leave of the Court of
Appeal".
22Valuation of Land Act 1960Powers on review or appeal
s. 22
See:Act No.6653.Reprint No. 13as at19 May 2011and amendingAct
Nos69/2011, 58/2012 and
34/2014.LawToday:www.legislation.vic.gov.au
In section 25(2) of the Valuation of Land Act 1960, after "law"
insert "and with leave of the Court of Appeal".
23Victorian Civil and Administrative Tribunal Act1998Appeals
from the Tribunal
See:Act No.53/1998.Reprint No. 9as at1 January 2014and
amendingAct Nos11/2010, 67/2013, 1/2014, 17/2014 and
23/2014.LawToday:www.legislation.vic.gov.au
(1)For section 148(1) of the Victorian Civil and Administrative
Tribunal Act 1998 substitute
"(1)A party to a proceeding may appeal on a question of law from
an order of the Tribunal in the proceeding
(a)if the Tribunal was constituted for the purpose of making the
order by the President or a Vice President, whether with or without
others, to the Court of Appeal with leave of the Court of Appeal;
or
(b)in any other case, to the Trial Division of the Supreme Court
with leave of the Trial Division.".
(2)In section 148(3) of the Victorian Civil and Administrative
Tribunal Act 1998, after "Ifleave" insert "to appeal to the Trial
Division of the Supreme Court".
See:Act No.67/2013 and amending Act Nos 17/2014 and
26/2014.Statute Book:www.legislation.vic.gov.au
24Workplace Injury Rehabilitation and Compensation Act2013Effect
of decision on application
s. 24
Section 351 of the Workplace Injury Rehabilitation and
Compensation Act 2013 is repealed.
__________________
Part 3Victorian Civil and Administrative TribunalDivision
1Amendments to Victorian Civil and Administrative Tribunal Act
1998
25Definitions
s. 25
Insert the following definition in section 3 of the Victorian
Civil and Administrative Tribunal Act 1998
"interim order means an order of an interim or interlocutory
nature;".
26New section 16B inserted
After section 16A of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"16BAmendment of appointment of sessional and nonsessional
members
(1)The Governor in Council may amend the appointment of a senior
member or ordinary member who was appointed on a sessional basis so
that the member's appointment continues on a non-sessional
basis.
(2)The Governor in Council may amend the appointment of a senior
member or ordinary member who was appointed on a nonsessional basis
so that the member's appointment continues on a sessional
basis.
(3)The Governor in Council may amend an appointment under this
section only with the member's prior consent.
(4)Subsection (1) does not apply to a sessional member who has
attained the age of 70years.
(5)If a member's appointment is amended under subsection (1),
the member's term of office expires on whichever of the following
first occurs
(a)the date that is 7 years after the original date of
appointment;
(b)the date that the member attains the age of 70years.
(6)If a member's appointment is amended under subsection (2),
the member's term of office expires on the date that is 7 years
after the original date of appointment.".
27New section 25B inserted
s. 27
After section 25A of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"25BMember or former member may not appear as expert witness
(1)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 appear as an expert witness in any
proceeding that has been entered into or transferred to a list to
which the member has been assigned, except with the approval of the
President; and
(b)for a period of 2 years after a member ceases to be a member,
the former member must not appear as an expert witness in any
proceeding that has been entered into or transferred to a list to
which the former member was assigned, except with the approval of
the President.
(2)This section is subject to any other provision of this Act or
an enabling enactment that allows a member or former member to
appear as a witness.
Note
See, for example, section 30 of the Valuation of Land Act
1960.".
28Joinder of parties
s. 28
After section 60(2) of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"(3)On the application of a person who is entitled under section
73(4) to be joined as a party the Tribunal must order that the
person be joined as a party.".
29Constitution of Tribunal in proceedings
After section 64(3) of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"(4)If a provision of this Act, the rules or an enabling
enactment provides that a power of the Tribunal is exercisable by
any member, then any member of the Tribunal may exercise that power
in a proceeding despite any provision of this Act or an enabling
enactment that requires the Tribunal to be constituted in a
particular way for the purposes of the proceeding.
Example
As section 80(2) provides that the Tribunal's power to give
directions is exercisable by any member, any member may give
directions in a proceeding under Division 5 of Part 3 of the
Pharmacy Regulation Act 2010 even though clause 51AE of Schedule 1
requires the Tribunal to be constituted by at least 3 members for
the purposes of proceedings under that Division.
(5)If a provision of this Act, the rules or an enabling
enactment provides that a power of the Tribunal is exercisable by
the principal registrar, then the principal registrar may exercise
that power in a proceeding despite any provision of this Act or an
enabling enactment that requires the Tribunal to be constituted in
a particular way for the purposes of the proceeding.".
30Intervention
s. 30
After section 73(3) of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"(4)A person (other than the Small Business Commissioner) who is
entitled under this Act or an enabling enactment to intervene in a
proceeding and who does intervene is entitled to be joined as a
party to the proceeding.".
31Mediation
Section 88(6) of the Victorian Civil and Administrative Tribunal
Act 1998 is repealed.
32New section 93A inserted
After section 93 of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"93AParty may object to mediator hearing the proceeding
(1)This section applies in a proceeding that has been the
subject of unsuccessful mediation by a mediator who is a member of
the Tribunal.
(2)If it is proposed that the mediator constitute the Tribunal
(whether with or without others) for the purpose of hearing the
proceeding, the Tribunal must notify each party to the proceeding
of the party's right to object.
(3)A party to the proceeding may object to the mediator
constituting the Tribunal (whether with or without others) for the
purpose of hearing the proceeding.
(4)The objection must be made to the Tribunal before or at the
commencement of the hearing.
(5)If an objection is made, the mediator must take no part, or
no further part, in the proceeding and, if necessary, the Tribunal
must be reconstituted.".
33General procedure
s. 33
After section 98(2) of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"(2A)Without limiting subsection (1), at the hearing of a
proceeding the Tribunal may admit into evidence any material put
before the Tribunal at an earlier stage of the proceeding, or any
material put before the Tribunal in another proceeding, if the
Tribunal considers it desirable to do so.
(2B)Subsection (2A) is subject to any other provision of this
Act, an enabling enactment or any other law that provides that
evidence or material is not admissible in a proceeding.
Example
Section 85 provides that evidence of anything said or done in
the course of a compulsory conference is not admissible except in
certain circumstances.".
34Power to award costs
After section 109(6) of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"(7)A power of the Tribunal under this section is exercisable by
any member.".
35Orders as to reimbursement or payment of fees
s. 35
(1)In section 115B(3) of the Victorian Civil and Administrative
Tribunal Act 1998, after "section 115C" insert "or 115CA".
(2)In the heading to section 115C of the Victorian Civil and
Administrative Tribunal Act 1998, after "fees" insert "to
successful party".
36New section 115CA inserted
After section 115C of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"115CAPresumption of order for reimbursement of fees in certain
planning matters
(1)Subject to subsections (2) and (3), an applicant to the
Tribunal under section 79 of the Planning and Environment Act 1987
is entitled to an order under section 115B that the responsible
authority reimburse the applicant the whole of any fees paid by the
applicant in the proceeding.
Note
Section 79 of the Planning and Environment Act 1987 enables an
applicant for a planning permit to apply to the Tribunal for review
of a failure of the responsible authority to grant the permit
within the prescribed time.
(2)If different fees are payable in a proceeding under section
79 of the Planning and Environment Act 1987 depending on an
election made by the applicant, subsection(1) applies to entitle
the applicant to an order for reimbursement of only the amount of
the lowest of those fees.
Example
If different fees are payable depending on the list of the
Tribunal in which the applicant elects to have the proceeding
entered, then if the applicant elects to have the proceeding
entered in a list that attracts a higher fee, the applicant would
only be entitled under subsection (1) to an order for reimbursement
of the amount of the lowest of those fees.
(3)Subsection (1) does not apply if the responsible authority
satisfies the Tribunal that there was reasonable justification for
the responsible authority to fail to grant the permit before the
application to the Tribunal, having regard to
(a)the nature and complexity of the permit application; and
(b)the conduct of the applicant in relation to the permit
application; and
(c)any other matter beyond the reasonable control of the
responsible authority.".
37Re-opening an order on substantive grounds
s. 37
(1)For section 120(4)(a) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute
"(a)hear and determine the application if it is satisfied
that
(i)the applicant had a reasonable excuse for not attending or
being represented at the hearing; and
(ii)it is appropriate to hear and determine the application
having regard to the matters specified in subsection (4A);
and".
(2)After section 120(4) of the Victorian Civil and
Administrative Tribunal Act 1998 insert
"(4A)For the purposes of subsection (4)(a)(ii), the matters
are
(a)whether the applicant has a reasonable case to argue in
relation to the subject-matter of the order; and
(b)any prejudice that may be caused to another party if the
application is heard and determined.
(4B)The Tribunal may hear and determine an application under
this section despite subsection (4A)(b) if the Tribunal is
satisfied that any prejudice that may be caused to a party may be
addressed by an order for costs under section 109 or an order for
reimbursement of fees under section 115B orboth.
(4C)In deciding to hear and determine an application under this
section the Tribunal may require the applicant to give any
undertaking as to costs or damages that the Tribunal considers
appropriate.".
38Power to make rules
s. 38
After section 157(3) of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"(4)Rules made in relation to service of documents may provide
for service outside Australia of applications to the Tribunal only
with leave of the Tribunal constituted by a member who is a legal
practitioner.".
39New section 168 inserted
After section 167 of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"168Transitional provisionsCourts Legislation Miscellaneous
Amendments Act2014
(1)Subject to subsection (2), each amendment made to this Act by
Division 1 of Part 3 of the Courts Legislation Miscellaneous
Amendments Act 2014 (except section 26) applies, on and after the
coming into operation of the amendment, in relation to all
proceedings in the Tribunal, whether those proceedings were
commenced before or after the coming into operation of the
amendment.
(2)Section 115CA applies only in relation to an application to
the Tribunal under section 79 of the Planning and Environment Act
1987 that is made on or after the coming into operation of section
36 of the Courts Legislation Miscellaneous Amendments Act
2014.".
40Definition of planning enactment in Schedule 1
s. 40
In clause 2 of Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998, in the definition of planning
enactment
(a)paragraph (e) is repealed;
(b)in paragraph (g) omit "and sections 36 and39".
41Parties to lodge grounds
(1)Insert the following heading to clause 56 of Schedule 1 to
the Victorian Civil and Administrative Tribunal Act 1998
"Person wishing to contest proceeding to lodge grounds".
(2)After clause 56(4) of Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998 insert
"(5)A person who lodges a statement under subclause (1) may
lodge with the statement a written notice that the person does not
intend to participate in the hearing of the proceeding.
(6)If a person lodges a notice under subclause(5), the person is
not, or ceases to be, a party to the proceeding (as the case
requires).".
42Member of Tribunal can mediate
s. 42
Clause 70 of Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998 is repealed.
43New clause 97A inserted in Schedule 1
After clause 97 of Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998 insert
"97AValuer-general may intervene and be represented
The valuer-general may intervene, and be represented by a
professional advocate, at any time in a proceeding for review under
Division 4 of Part III of the Valuation of Land Act 1960.".
44Subject matter for rules
In Schedule 2 to the Victorian Civil and Administrative Tribunal
Act 1998, after "Service of documents" insert ", including service
outside Victoria (including outside Australia)".
45Statute law revision
In clause 5(2) of Schedule 3 to the Victorian Civil and
Administrative Tribunal Act 1998, for "subsection (1)" substitute
"subclause (1)".
Division 2Further amendments to Victorian Civil and
Administrative Tribunal Act 1998
46Definitions
s. 46
In section 3 of the Victorian Civil and Administrative Tribunal
Act 1998
(a)insert the following definition
"part-time service arrangement means an arrangement entered into
under section18A;";
(b)for the definition of full-time member substitute
"full-time member means
(a)the President or a Vice President, other than a Vice
President who is undertaking the duties of a Vice President on a
part-time or sessional basis under section11A(2A); or
(b)a Deputy President, senior member or ordinary member who is
appointed on a non-sessional basis and who is not undertaking the
duties of office on a part-time basis;";
(c)the definition of part-time member is repealed.
47Deputy Presidents, senior members and ordinary members
(1)For section 12(4) of the Victorian Civil and Administrative
Tribunal Act 1998 substitute
"(4)A Deputy President may only be appointed on a non-sessional
basis.".
(2)For section 13(4) of the Victorian Civil and Administrative
Tribunal Act 1998 substitute
"(4)A senior member may be appointed on a sessional or a
non-sessional basis.".
(3)For section 14(4) of the Victorian Civil and Administrative
Tribunal Act 1998 substitute
"(4)An ordinary member may be appointed on a sessional or a
non-sessional basis.".
48Appointment of members
s. 48
After section 16(7) of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"(8)The instrument of appointment of a Deputy President, senior
member or ordinary member may indicate that the member is to
commence undertaking the duties of office on a part-time basis and,
if so, may specify the proportion of full-time duties to be worked
by the member.
(9)If a member's instrument of appointment indicates that the
member is to commence undertaking the duties of office on a
parttime basis, the member is taken to have entered into a
part-time service arrangement, which may be varied or terminated
accordingly.".
49Remuneration and allowances
(1)Insert the following heading to section 17 of the Victorian
Civil and Administrative Tribunal Act 1998
"Terms and conditions of service".
(2)For section 17(1) and (2) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute
"(1)A member is subject to the terms and conditions, including
remuneration and allowances, that are determined from time to time
by Order of the Governor in Council.
(2)The Governor in Council may under subsection (1) determine
different terms and conditions for different classes of
members.".
(3)After section 17(3) of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"(3A)An Order of the Governor in Council under this section may
apply, adopt or incorporate by reference any document formulated or
published by a person or body, whether
(a)without modification or as modified by the Order; or
(b)as formulated or published on or before the date when the
Order is made; or
(c)as formulated or published from time to time.".
50Prohibition on outside employment
s. 50
In section 18 of the Victorian Civil and Administrative Tribunal
Act 1998, for "appointed on a full-time basis" substitute "a
full-time member".
51New sections 18A, 18B and 18C inserted
After section 18 of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"18AEntry into part-time service arrangement
(1)A Deputy President, senior member or ordinary member may
enter into an arrangement with the President to undertake the
duties of office on a part-time basis.
(2)A part-time service arrangement
(a)must be in writing; and
(b)must specify the proportion of full-time duties to be worked
by the member, which must be a minimum of 04 of full-time duties;
and
(c)may specify an expiry date, but is not required to do so.
(3)The President may have regard to the following factors in
considering whether to enter into a part-time service
arrangement
(a)the operational needs of the Tribunal;
(b)the personal and professional circumstances of the
member;
s. 51
(c)parity and equity with other members;
(d)any other relevant consideration.
(4)A part-time service arrangement takes effect from the date
specified in the part-time service arrangement.
(5)A Deputy President, senior member or ordinary member to whom
a part-time service agreement applies is entitled to receive a
prorata amount of the remuneration applicable to a Deputy
President, senior member or ordinary member (as the case requires)
appointed on a non-sessional basis who is undertaking the duties of
office on a full-time basis.
(6)This section does not apply to a senior member or ordinary
member who is appointed on a sessional basis.
18BVariation of part-time service arrangement
(1)A part-time service arrangement may be varied by agreement
between the member to whom the arrangement applies and the
President.
(2)A variation of a part-time service arrangement
(a)must be in writing; and
(b)must specify the proportion of full-time duties to be worked
by the member, which must be a minimum of 04 of full-time
duties.
(3)The President may have regard to the factors referred to in
section 18A(3) in considering whether to vary a part-time service
arrangement.
(4)A variation of a part-time service arrangement takes effect
from the date specified in the written variation of the parttime
service arrangement.
18CTermination of part-time service arrangement
s. 51
(1)A part-time service arrangement is terminated if the
appointment of the member to whom the arrangement applies is
amended from a non-sessional basis to a sessional basis.
Note
See section 16B(2).
(2)A part-time service arrangement may be terminated by
agreement between the member to whom the arrangement applies and
the President.".
52Transitional provisionsCourts Legislation Miscellaneous
Amendments Act2014
s. 52
After section 168(2) of the Victorian Civil and Administrative
Tribunal Act 1998 insert
"(3)A Deputy President, senior member or ordinary member who was
appointed on a part-time basis and who held office immediately
before the commencement of section 47 of the Courts Legislation
Miscellaneous Amendments Act 2014, on and after that
commencement
(a)continues to hold office as a Deputy President, senior member
or ordinary member (as the case requires); and
(b)is taken to be serving under a part-time service arrangement
on the same terms as applied to the person immediately before that
commencement.
(4)A Deputy President, senior member or ordinary member who was
appointed on a full-time basis and who held office immediately
before the commencement of section47 of the Courts Legislation
Miscellaneous Amendments Act 2014, on and after that commencement
continues to hold office as a Deputy President, senior member or
ordinary member (as the case requires) on the same terms as applied
to the person immediately before that commencement.
(5)To avoid doubt, nothing in this Act prevents a person
referred to in subsection (4) from entering into a part-time
service arrangement.".
Division 3Amendment of Enabling Enactments
53Planning and Environment Act 1987Parties to review
s. 53
See:Act No.45/1987.Reprint No. 11as at28 October 2013and
amendingAct Nos70/2013 and
17/2014.LawToday:www.legislation.vic.gov.au
(1)After section 83(2) of the Planning and Environment Act 1987
insert
"(2A)Subsection (2) does not apply if the objector lodges notice
under clause 56(5) of Schedule1 to the Victorian Civil and
Administrative Tribunal Act 1998.".
(2)After section 83(3) of the Planning and Environment Act 1987
insert
"(4)In addition to any other party to a proceeding for review
under section 82, the applicant for the permit is a party to the
proceeding.".
54Planning and Environment Act 1987Injunctions
(1)In section 125 of the Planning and Environment Act 1987,
after "jurisdiction" insert "or to the Tribunal".
(2)At the end of section 125 of the Planning and Environment Act
1987 insert
"(2)Section 123 of the Victorian Civil and Administrative
Tribunal Act 1998 applies on an application to the Tribunal under
subsection (1).".
55Retail Leases Act 2003Meaning of retail tenancy dispute
s. 55
See:Act No.4/2003.Reprint No. 2as at16 May 2013 and amendingAct
No. 17/2014.LawToday:www.legislation.vic.gov.au
After section 81(1) of the Retail Leases Act 2003 insert
"(1A)In addition, a retail tenancy dispute includes
(a)a dispute between a landlord and a guarantor of a tenant's
obligations under a lease arising in circumstances referred to in
subsection (1)(a), (b) or(c); and
(b)a dispute between a landlord and a person who has given an
indemnity to the landlord for loss or damage arising as a result of
a breach by a tenant of a lease in circumstances referred to in
subsection(1)(a), (b) or (c).".
56Retail Leases Act 2003Referral of retail tenancy disputes for
alternative dispute resolution
After section 86(1) of the Retail Leases Act 2003 insert
"(1A)A guarantor of a tenant's obligations under a lease who has
been called on to perform any of those obligations may refer a
retail tenancy dispute referred to in section 81(1A) to the Small
Business Commissioner for mediation.
(1B)A person who has given an indemnity to a landlord for loss
or damage arising as a result of a breach by a tenant of a lease
and who has been called on to indemnify the landlord accordingly
may refer a retail tenancy dispute referred to in section 81(1A) to
the Small Business Commissioner for mediation.".
57Retail Leases Act 2003Jurisdiction of Tribunal
s. 57
(1)For section 89(1) of the Retail Leases Act 2003
substitute
"(1)The Tribunal has jurisdiction to hear and determine an
application by any of the following persons seeking resolution of a
retail tenancy dispute
(a)a landlord or tenant under a retail premises lease;
(b)a guarantor of a tenant's obligations under a retail premises
lease;
(c)a person who has given an indemnity to a landlord for loss or
damage arising as a result of a breach by a tenant of a retail
premises lease;
(d)a specialist retail valuer.".
(2)In section 89(4) of the Retail Leases Act 2003
(a)in paragraph (b), for "Conduct)" substitute "Conduct);
or";
(b)after paragraph (b) insert
"(c)a retail tenancy dispute referred to in section 81(1A)".
58Transport Accident Act 1986Application to Tribunal
s. 58
See:Act No.111/1986.Reprint No. 13as at1 January 2014 and
amendingAct Nos 30/2013, 67/2013 and
26/2014.LawToday:www.legislation.vic.gov.au
(1)In section 77(1) of the Transport Accident Act 1986 omit ",
within 12 months after becoming aware of the decision,".
(2)After section 77(1) of the Transport Accident Act 1986
insert
"(1A)An application under subsection (1) must be made by the
later of
(a)12 months after the person becomes aware of the decision;
or
(b)if the decision has been the subject of an application for a
pre-issue review under the Protocols, 3 months after the Commission
notifies the person in accordance with the Protocols of its
decision on the application.".
(3)After section 77(4) of the Transport Accident Act 1986
insert
"(5)In this section
Protocols means the No Fault Dispute Resolution Protocols agreed
between the Commission, the Law Institute of Victoria and the
Australian Lawyers Alliance on 1 March 2005 as amended from time to
time.".
59Transport Accident Act 1986New Division 9 inserted in Part
11
At the end of Part 11 of the Transport Accident Act 1986
insert
"Division 9Courts Legislation Miscellaneous Amendments
Act2014
228Application to Tribunal
(1)Section 77(1) as amended by the amending Act and section
77(1A) as inserted by the amending Act apply to
(a)a decision of which a person becomes aware on or after the
commencement day; and
(b)a decision of which a person became aware within 12 months
before the commencement day, unless the person had applied for
review of the decision under section 77(1) before the commencement
day.
(2)In this section
amending Act means the Courts Legislation Miscellaneous
Amendments Act 2014;
commencement day means the day on which section 59 of the
amending Act comes into operation.".
60Valuation of Land Act 1960Functions of valuer-general
s. 59
For section 5(1)(a) of the Valuation of Land Act 1960
substitute
"(a)to carry out the duties and functions conferred by this or
any other Act;".
__________________
Part 4Coroners
61Certain reportable deaths do not require investigation
s. 61
See:Act No.77/2008.Reprint No. 1as at21 July 2011and amendingAct
Nos52/2012, 83/2012, 5/2013 and
63/2013.LawToday:www.legislation.vic.gov.au
(1)In section 17(1) of the Coroners Act 2008, for "Acoroner"
substitute "Subject to subsection (3), a coroner".
(2)After section 17(2) of the Coroners Act 2008 insert
"(3)This section does not apply to a reportable death of a
person who, immediately before death, was a person placed in
custody or care.
Note
See section 52 which provides for the investigatory requirements
in respect of a death due to natural causes where the deceased was,
immediately before death, a person placed in custody or care.".
62Objections to autopsy
(1)For section 26(2) of the Coroners Act 2008 substitute
"(2)Within 48 hours after receiving notice under subsection (1),
the senior next of kin may
(a)ask the coroner to reconsider the direction that an autopsy
be performed; or
(b)if the senior next of kin does not object to the autopsy and
would like the autopsy to be performed without delay, consent, in
accordance with the rules, to the waiver of the period remaining
for the senior next of kin to make a request under paragraph
(a).".
(2)In section 26(3) of the Coroners Act 2008, for "subsection
(2)" substitute "subsection (2)(a)".
(3)For section 26(4)(b) of the Coroners Act 2008 substitute
"(b)subject to paragraph (c), if
(i)a request has been made under subsection (2)(a), 48 hours
after the notice is given under subsection (3); or
(ii)the remainder of the period specified in subsection (2) has
been waived by the senior next of kin under subsection (2)(b), on
the giving of the waiver; or".
63Documents and prepared statements requested by coroner
s. 63
(1)In the heading to section 42 of the Coroners Act 2008, for
"requested" substitute "required".
(2)In section 42(2) of the Coroners Act 2008
(a)for "request made by the coroner" substitute
"requirement";
(b)in paragraph (b) for "request" substitute "requirement".
(3)In section 42(3) of the Coroners Act 2008
(a)for "requested" substitute "required";
(b)for "request" substitute "requirement".
64Inquest into a death
(1)In section 52(2) of the Coroners Act 2008, for "subsection
(3)" substitute "subsections (3) and(3A)".
(2)After section 52(3) of the Coroners Act 2008 insert
"(3A)The coroner is not required to hold an inquest in the
circumstances set out in subsection (2)(b) if the coroner considers
that the death was due to natural causes.
(3B)For the purposes of subsection (3A), a death may be
considered to be due to natural causes if the coroner has received
a report from a medical investigator, in accordance with the rules,
that includes an opinion that the death was due to natural
causes.".
(3)In section 52(4) of the Coroners Act 2008, for "subsection
(3)" substitute "subsections (3) and(3A)".
65Publication of findings and reports
s. 65
After section 73(1) of the Coroners Act 2008 insert
"(1A)Subject to subsection (1B), the findings, comments and
recommendations made following an investigation may be published on
the Internet in accordance with the rules.
(1B)A finding made following an investigation of a death of a
deceased who was, immediately before the death, a person placed in
custody or care that the death was due to natural causes must be
published on the Internet in accordance with the rules.".
66Appeal in relation to determination that death not a
reportable death
In section 78(2) of the Coroners Act 2008, for "3months"
substitute "28days".
67Appeal in relation to determination of coroner not to
investigate a fire
In section 80(2) of the Coroners Act 2008, for "3months"
substitute "28days".
68Appeal in relation to determination not to hold an inquest
s. 68
At the foot of section 82 of the Coroners Act 2008 insert
"Note
See also section 87A.".
69Appeal against refusal by coroner to re-open investigation
(1)In section 84(2) of the Coroners Act 2008, for "3months"
substitute "28 days".
(2)At the foot of section 84 of the Coroners Act 2008 insert
"Note
See also section 87A.".
70Appeal to Supreme Court is on a question of law
(1)In the heading to section 87 of the Coroners Act 2008 omit
"is on a question of law".
(2)In section 87(1) of the Coroners Act 2008, for "An appeal"
substitute "Subject to section 87A, an appeal".
71New section 87A inserted
After section 87 of the Coroners Act 2008 insert
"87AAppeal to Supreme Court in the interests of justice
(1)An appeal to the Supreme Court other than on a question of
law may be made under section 82(1) in respect of a decision by a
coroner to not hold an inquest into a death, or section 84(1) in
respect of a refusal by the Coroners Court to re-open an
investigation into a death, if the appeal is made by
(a)the senior next of kin of the deceased; or
(b)a person with sufficient interest.
(2)The Supreme Court may allow an appeal under subsection (1) if
it is satisfied that it is necessary or desirable in the interests
of justice to do so.".
72Rules of the Coroners Court
s. 72
After section 105(1)(ba) of the Coroners Act 2008 insert
"(bb)the manner of making a waiver under section26(2)(b) and the
recording of such of a waiver;".
73Access to documents
(1)For section 115(1) of the Coroners Act 2008 substitute
"(1)Unless otherwise ordered by the coroner, the principal
registrar must
(a)provide the senior next of kin of a deceased person written
notice, in accordance with the rules, specifying
(i)that reports have been given to a coroner as a result of a
medical examination performed on the deceased; and
(ii)that the senior next of kin may request copies of those
reports; and
(iii)the manner in which the senior next of kin may request
copies of those reports; and
(b)if an inquest is to be held, provide an interested party with
a copy of the coronial brief.".
(2)In section 115(7) of the Coroners Act 2008
(a)for "inquest brief" substitute "coronial brief";
(b)in paragraph (c), for "an inquest" substitute "a coronial
investigation";
(c)in paragraph (d), for "the inquest" substitute "the coronial
investigation".
(3)In section 115(8) of the Coroners Act 2008
(a)for "an inquest brief" substitute "a coronial brief";
(b)for "the inquest" substitute "the coronial
investigation".
74New section 120 inserted
s. 74
After section 119 of the Coroners Act 2008 insert
"120Transitional provisionCourts Legislation Miscellaneous
Amendments Act2014
(1)In this section
amending Act means the Courts Legislation Miscellaneous
Amendments Act 2014;
commencement day means the day on which section 64 of the
amending Act comes into operation.
(2)Section 52, as in force on the commencement day, applies to a
death of a deceased who was, immediately before the death, a person
placed in custody or care if, immediately before the commencement
day, an investigation into that death has not been completed by the
coroner.".
s. 74
__________________
Part 5Court Security
75Definitions
s. 75
See:Act No.9499.Reprint No. 3as at7 August 2013and amendingAct
Nos68/2013 and 37/2014.LawToday:www.legislation.vic.gov.au
In section 2(1) of the Court Security Act 1980 insert the
following definitions
"Australian legal practitioner has the same meaning as in the
Legal Profession Act 2004;
Court Services Victoria has the same meaning as in the Court
Services Victoria Act 2014;
judicial officer includes a non-judicial member of VCAT;
news media organisation has the same meaning as in the Open
Courts Act 2013;
proceeding means a proceeding in the Supreme Court, the County
Court, the Magistrates' Court, the Children's Court, the Coroners
Court, VCAT or the Victims of Crime Assistance Tribunal;
publish means disseminate or provide access to the public by any
means, including
(a)by publication in a book, newspaper, magazine or other
written publication; or
(b)broadcast by radio or television; or
(c)by electronic communication; or
(d)by public exhibition;
recording means all or part of an audio, visual or audiovisual
recording and includes a photograph;".
76Heading to section 4 inserted
s. 76
Insert the following heading to section 4 of the Court Security
Act 1980
"Offence to carry or possess firearm, explosive substance or
offensive weapon on court premises".
77New sections 4A, 4B and 4C inserted
After section 4 of the Court Security Act 1980 insert
"4AOffence to record proceeding
(1)A person must not intentionally make a recording of a
proceeding except in accordance with subsection (2), (3) or
(4).
Penalty:20 penalty units.
(2)An officer, employee or agent, or any person authorised by or
on behalf, of Court Services Victoria may make a recording of a
proceeding if that person does so in the course of the person's
engagement, employment or contract.
Example
To enable the preparation of an official transcript of a court
proceeding.
(3)Subject to any direction of a judicial officer
(a)a representative of a news media organisation may make an
audio recording of a proceeding for the purpose of preparing a
media report; and
(b)an Australian legal practitioner or other prescribed person
may make an audio recording of a proceeding for the purposes of the
legal representation of a person in that proceeding.
(4)A person may make a recording of a proceeding if
(a)express written permission is given by a judicial officer,
whether in respect of
(i)a specific proceeding or class of proceedings; or
(ii)generally; or
(b)required by or authorised under any other Act or subordinate
instrument; or
(c)the recording is of a prescribed class of recordings.
4BOffence to publish recording of proceeding
s. 77
(1)A person must not intentionally publish a recording of a
proceeding except in accordance with subsection (2).
Penalty:20 penalty units.
(2)A person may publish a recording of a proceeding if express
written permission is given by a judicial officer, whether
(a)in respect of a specific proceeding or class of proceedings
or generally; or
(b)for a specific purpose; or
(c)subject to specified conditions; or
(d)in respect of a specific recording or class of recordings;
or
(e)as provided for in any combination of paragraphs (a), (b),
(c) or (d).
(3)A person who, after publishing a recording of a proceeding,
becomes aware that the recording is not a recording permitted to be
made under section 4A(2), (3) or (4) or permitted to be published
under subsection(1) must take all reasonable steps within that
person's power to remove from publication or take down that
recording.
Penalty:20 penalty units.
(4)A person is not liable to be prosecuted for an offence
against both subsection (1) and section 4C(1) in respect of the
same recording.
4COffence to transmit to or give recording of proceeding to
another person
s. 77
(1)A person must not intentionally transmit to or give a
recording of a proceeding to another person except in accordance
with subsection (2), (3) or (4).
Penalty:20 penalty units.
(2)An officer, employee or agent, or any person authorised by or
on behalf, of Court Services Victoria may transmit a recording of a
proceeding if that person does so in the course of the person's
engagement, employment or contract.
Example
To enable the preparation of an official transcript of a court
proceeding.
(3)Subject to any direction of a judicial officer
(a)a representative of a news media organisation may transmit an
audio recording of a proceeding made in accordance with section
4A(3)(a) to another employee or agent of that news media
organisation to enable that news media organisation to prepare a
media report; and
(b)an Australian legal practitioner or other prescribed person
may transmit an audio recording of a proceeding made in accordance
with section 4A(3)(b) to another person assisting with the legal
representation of the person referred to in that section in that
proceeding.
(4)A person may transmit or give a recording of a proceeding to
another person if
(a)express written permission is given by a judicial officer,
whether in respect of
(i)a specific proceeding or class of proceedings; or
(ii)generally; or
(b)required by or authorised under any other Act or subordinate
instrument; or
(c)the recording is of a prescribed class of recordings.".
78Regulations
s. 78
At the end of section 6 of the Court Security Act 1980
insert
"(2)The regulations
(a)may be of general or limited application;
(b)may differ according to differences in time, place or
circumstances;
(c)without limiting paragraph (b), may make different provision
for different courts or tribunals or classes of courts or
tribunals.".
s. 79
See:Act No.17/2014and amendingAct
No.37/2014.StatuteBook:www.legislation.vic.gov.au
79Consequential amendment to Legal Profession Uniform Law
Application Act2014
After item 26 of Schedule 2 to the Legal Profession Uniform Law
Application Act 2014 insert
"26ACourt Security Act 1980
26A.1In section 2(1), the definition of Australian legal
practitioner is repealed.".
__________________
Part 6Judicial RegistrarsDivision 1Supreme Court Act 1986
80Guidelines relating to the appointment of judicial
registrars
s. 80
In section 113D(1)(a) of the Supreme Court Act 1986, after
"appointment" insert "(including re-appointment)".
81Appointment by the Governor in Council
In section 113F(5) of the Supreme Court Act 1986, after
"re-appointment" insert "in accordance with section 113E and this
section if the Chief Justice recommends to the Attorney-General
that the person be re-appointed".
82Remuneration and terms and conditions of appointment
At the end of section 113G of the Supreme Court Act 1986
insert
"(8)Nothing in this section authorises the salary or the
aggregate value of the allowances payable to a judicial registrar
to be reduced.".
83New section 113GB inserted
Before section 113H of the Supreme Court Act 1986 insert
"113GBOath or affirmation of office
(1)A judicial registrar must take an oath or affirmation of
office in the prescribed form and manner.
(2)Subsection (1) only applies to a person who is appointed or
re-appointed as a judicial registrar on or after the commencement
of section 83 of the Courts Legislation Miscellaneous Amendments
Act 2014.
(3)A failure by a person to take an oath or affirmation of
office in accordance with this section does not invalidate anything
done by that person as a judicial registrar.".
84Section 113M substituted
s. 84
For section 113M of the Supreme Court Act 1986 substitute
"113MAppeal from or review of determination of Court constituted
by judicial registrar
(1)The Rules may provide for appeals from or reviews of a
determination of the Court constituted by a judicial registrar
(a)whether in respect of
(i)the hearing and determination of any proceeding (whether
criminal or civil); or
(ii)any interlocutory application; and
(b)whether in respect of specified kinds of application or
proceeding or generally; and
(c)by specifying whether the procedure is by way of appeal or
review or both; and
(d)by specifying the way in which the Court may be constituted
for those appeals or reviews.
(2)The powers in subsection (1) are in addition to and do not
limit any power to make Rules under section 25.
(3)Unless the Rules otherwise provide, a determination of the
Court constituted by a judicial registrar may be appealed from or
reviewed
(a)on application of a party to the proceeding; or
(b)on the Court's own motion.
(4)If the Rules do not provide for an appeal from or a review of
a determination of the Court constituted by a judicial registrar,
the determination is to be subject to a review or an appeal
conducted
s. 84
(a)by way of hearing de novo by the Court constituted
(i)in the case of a determination of the Court of Appeal
constituted by a judicial registrar, by a Judge of Appeal; and
(ii)in the case of a determination of the Trial Division
constituted by a judicial registrar, by a Judge of the Court;
and
(b)otherwise in accordance with the Rules, if any.
(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 2County Court Act 1958
85Guidelines relating to the appointment of judicial
registrars
s. 85
See:Act No.6230.Reprint No. 15as at1 May 2013and amendingAct Nos
6230,28/2013, 58/2013, 63/2013, 67/2013, 68/2013, 70/2013, 17/2014,
25/2014 and 37/2014.LawToday:www.legislation.vic.gov.au
In section 17M(1)(a) of the County Court Act 1958, after
"appointment" insert "(including reappointment)".
86Appointment by the Governor in Council
In section 17O(5) of the County Court Act 1958, after
"re-appointment" insert "in accordance with section 17N and this
section if the Chief Judge recommends to the Attorney-General that
the person be re-appointed".
87Remuneration and terms and conditions of appointment
At the end of section 17P of the County Court Act 1986
insert
"(8)Nothing in this section authorises the salary or the
aggregate value of the allowances payable to a judicial registrar
to be reduced.".
88New section 17PA inserted
s. 88
After section 17P of the County Court Act 1958 insert
"17PAOath or affirmation of office
(1)A judicial registrar must take an oath or affirmation of
office in the prescribed form and manner.
(2)Subsection (1) only applies to a person who is appointed or
re-appointed as a judicial registrar on or after the commencement
of section 88 of the Courts Legislation Miscellaneous Amendments
Act 2014.
(3)A failure by a person to take an oath or affirmation of
office in accordance with this section does not invalidate anything
done by that person as a judicial registrar.".
89Section 17V substituted
For section 17V of the County Court Act 1958 substitute
"17VAppeal from or review of determination of court constituted
by judicial registrar
(1)The Rules may provide for appeals from or reviews of a
determination of the court constituted by a judicial registrar
(a)whether in respect of
(i)the hearing and determination of any proceeding (whether
criminal or civil); or
(ii)any interlocutory application; and
(b)whether in respect of specified kinds of application or
proceeding or generally; and
(c)by specifying whether the procedure is by way of appeal or
review or both; and
(d)by specifying the way in which the court may be constituted
for those appeals or reviews.
(2)The powers in subsection (1) are in addition to and do not
limit any power to make Rules under section 78.
s. 89
(3)Unless the Rules otherwise provide, a determination of the
court constituted by a judicial registrar may be appealed from or
reviewed
(a)on application of a party to the proceeding; or
(b)on the court's own motion.
(4)If the Rules do not provide for an appeal from or a review of
a determination of the court constituted by a judicial registrar,
the determination is to be subject to a review or an appeal
conducted
(a)by way of hearing de novo by the court constituted by a judge
of the court; and
(b)otherwise in accordance with the Rules, if any.".
Division 3Magistrates' Court Act 1989
90Guidelines relating to the appointment of judicial
registrars
s. 90
See:Act No.51/1989.Reprint No. 18as at7 March 2014 and amending
Act Nos 51/1989, 12/2010, 32/2013, 67/2013, 1/2014, 17/2014,
25/2014, 26/2014, 32/2014 and
37/2014.LawToday:www.legislation.vic.gov.au
In section 16B(1)(a) of the Magistrates' Court Act 1989, after
"appointment" insert "(including re-appointment)".
91Appointment of judicial registrars
In section 16C(7) of the Magistrates' Court Act 1989, after
"re-appointment" insert "in accordance with this section if the
Chief Magistrate recommends to the Attorney-General that the person
be re-appointed".
92Terms and conditions of appointment
At the end of section 16D of the Magistrates' Court Act 1989
insert
"(7)Nothing in this section authorises the salary or the
aggregate value of the allowances payable to a judicial registrar
to be reduced.".
93New section 16DB inserted
s. 93
Before section 16E of the Magistrates' Court Act 1989 insert
"16DBOath or affirmation of office
(1)A judicial registrar must take an oath or affirmation of
office in the prescribed form and manner.
(2)Subsection (1) only applies to a person who is appointed or
re-appointed as a judicial registrar on or after the commencement
of section 93 of the Courts Legislation Miscellaneous Amendments
Act 2014.
(3)A failure by a person to take an oath or affirmation of
office in accordance with this section does not invalidate anything
done by that person as a judicial registrar.".
94Rules of Court
In section 16I of the Magistrates' Court Act 1989
(a)in paragraph (b)(vi) for "1991." substitute "1991;";
(b)after paragraph (b) insert
"(c)reviews of, and appeals from, the court constituted by a
judicial registrar.".
95Section 16K substituted
For section 16K of the Magistrates' Court Act 1989
substitute
"16KAppeal from or review of determination of Court constituted
by judicial registrar
(1)The rules may provide for appeals from or reviews of a
determination of the Court constituted by a judicial registrar
(a)whether in respect of
(i)the hearing and determination of any proceeding (whether
criminal or civil); or
(ii)any interlocutory application; and
(b)whether in respect of specified kinds of application or
proceeding or generally; and
(c)by specifying whether the procedure is by way of appeal or
review or both; and
(d)by specifying the way in which the Court may be constituted
for those appeals or reviews.
(2)The powers in subsection (1) are in addition to and do not
limit any power to make rules under section 16I.
s. 95
(3)Unless the rules otherwise provide, a determination of the
Court constituted by a judicial registrar may be appealed from or
reviewed
(a)on application of a party to the proceeding; or
(b)on the Court's own motion.
(4)If the rules do not provide for an appeal from or a review of
a determination of the Court constituted by a judicial registrar,
the determination is to be subject to a review or an appeal
conducted
(a)by way of hearing de novo by the Court constituted by a
magistrate; and
(b)otherwise in accordance with the rules, if any.".
Division 4Children, Youth and Families Act 2005
96Guidelines relating to the appointment of judicial
registrars
s. 96
See:Act No.96/2005.Reprint No. 4as at27 March 2013and
amendingAct Nos96/2005, 9/2013, 30/2013, 52/2013, 63/2013, 67/2013,
74/2013, 17/2014, 19/2014, 26/2014, 29/2014, 36/2014 and
37/2014.LawToday:www.legislation.vic.gov.au
In section 542B(1)(a) of the Children, Youth and Families Act
2005, after "appointment" insert "(including re-appointment)".
97Appointment by Governor in Council
In section 542D(5) of the Children, Youth and Families Act 2005,
after "re-appointment" insert "in accordance with section 542C and
this section if the President recommends to the Attorney-General
that the person be re-appointed".
98Remuneration and terms and conditions of appointment
At the end of section 542E of the Children, Youth and Families
Act 2005 insert
"(8)Nothing in this section authorises the salary or the
aggregate value of the allowances payable to a judicial registrar
to be reduced.".
99New section 542EA inserted
s. 99
After section 542E of the Children, Youth and Families Act 2005
insert
"542EAOath or affirmation of office
(1)A judicial registrar must take an oath or affirmation of
office in the prescribed form and manner.
(2)Subsection (1) only applies to a person who is appointed or
re-appointed as a judicial registrar on or after the commencement
of section 99 of the Courts Legislation Miscellaneous Amendments
Act 2014.
(3)A failure by a person to take an oath or affirmation of
office in accordance with this section does not invalidate anything
done by that person as a judicial registrar.".
100Section 542K substituted
For section 542K of the Children, Youth and Families Act 2005
substitute
"542KAppeal from or review of determination of Court constituted
by judicial registrar
(1)The rules of court may provide for appeals from or reviews of
a determination of the Court constituted by a judicial
registrar
(a)whether in respect of
(i)the hearing and determination of any proceeding; or
(ii)any interlocutory application; and
(b)whether in respect of specified kinds of application or
proceeding or generally; and
(c)by specifying whether the procedure is by way of appeal or
review or both; and
(d)by specifying the way in which the Court may be constituted
for those appeals or reviews.
(2)The powers in subsection (1) are in addition to and do not
limit any power to make rules of court under section 588.
(3)Unless the rules of court otherwise provide, a determination
of the Court constituted by a judicial registrar may be appealed
from or reviewed
(a)on application of a party to the proceeding; or
(b)on the Court's own motion.
(4)If the rules of court do not provide for an appeal from or a
review of a decision of the Court constituted by a judicial
registrar, the decision is to be subject to a review or an appeal
conducted
(a)by way of hearing de novo by the court constituted by a
magistrate for the Court; and
(b)otherwise in accordance with the rules of court, if
any.".
Division 5Coroners Act 2008
101Guidelines relating to the appointment of judicial
registrars
s. 101
In section 102B(1)(a) of the Coroners Act 2008, after
"appointment" insert "(including reappointment)".
102Appointment by Governor in Council
In section 102D(5) of the Coroners Act 2008, after
"re-appointment" insert "in accordance with section 102C and this
section if the State Coroner recommends to the Attorney-General
that the person be reappointed".
103Remuneration and terms and conditions of appointment
s. 102
At the end of section 102E of the Coroners Act 2008 insert
"(8)Nothing in this section authorises the salary or the
aggregate value of the allowances payable to a judicial registrar
to be reduced.".
104New section 102EA inserted
After section 102E of the Coroners Act 2008 insert
"102EAOath or affirmation of office
(1)A judicial registrar must take an oath or affirmation of
office in the prescribed form and manner.
(2)Subsection (1) only applies to a person who is appointed or
re-appointed as a judicial registrar on or after the commencement
of section 104 of the Courts Legislation Miscellaneous Amendments
Act 2014.
(3)A failure by a person to take an oath or affirmation of
office in accordance with this section does not invalidate anything
done by that person as a judicial registrar.".
105Section 102K substituted
s. 105
For section 102K of the Coroners Act 2008 substitute
"102KAppeal from or review of decisions of judicial
registrar
(1)The rules may provide for appeals from or reviews of a
decision of the Coroners Court constituted by a judicial
registrar
(a)whether in respect of specified kinds of matters or
generally; and
(b)by specifying whether decisions are by way of appeal or
review; and
(c)by specifying the way in which the Coroners Court may be
constituted for those appeals or reviews.
(2)The powers in subsection (1) are in addition to and do not
limit any power to make rules under section 105.
(3)Unless the rules otherwise provide, a decision of the
Coroners Court constituted by a judicial registrar may be appealed
from or reviewed on the Coroner's Court's own motion.
(4)If the rules do not provide for an appeal from or a review of
a decision of the Coroners Court constituted by a judicial
registrar, the decision is to be subject to a review or an appeal
conducted
(a)by way of hearing de novo by the Coroners Court constituted
by a coroner; and
(b)otherwise in accordance with the rules, if any.".
Division 6Victims of Crime Assistance Act 1996
106Rules
s. 106
See:Act No.81/1996.Reprint No. 5as at16 June 2011and amendingAct
Nos5/2013, 17/2014 and
26/2014.LawToday:www.legislation.vic.gov.au
After section 57(1)(c) of the Victims of Crime Assistance Act
1996 insert
"(ca)reviews under section 59A of decisions of the Tribunal
constituted by a judicial registrar, including specifying whether
the review is by way of hearing de novo or otherwise;".
107Review of delegated Tribunal decisions
(1)In section 59A(1) of the Victims of Crime Assistance Act 1996
for "A person" substitute "In accordance with the rules, a
person".
(2)In section 59A(2) of the Victims of Crime Assistance Act
1996
(a)for "A review" substitute "Unless the rules otherwise
provide, a review";
(b)after "novo" insert "by the Tribunal constituted by a
magistrate and otherwise in accordance with the rules, if any".
__________________
Part 7Further Miscellaneous Amendments and RepealDivision
1Supreme Court Act 1986
108Regulations
s. 108
(1)After section 129(2)(d) of the Supreme Court Act 1986
insert
"(da)different fees for different classes of proceedings or
different classes of party;".
(2)After section 129(2) of the Supreme Court Act 1986 insert
"(2A)The regulations may
(a)be of general or limited application; and
(b)differ according to differences in time, place or
circumstances; and
(c)provide in a specified case or class of case for the
exemption of any proceeding, person or thing or a class of
proceeding, person or thing from any of the provisions of the
regulations, whether
(i)unconditionally or on specified conditions; and
(ii)either wholly or to such an extent as is specified; and
(d)provide for the payment in advance of any fee fixed under
subsection (1)(a); and
(e)provide for proportionate consequences of failure to pay any
fee fixed under subsection (1)(a); and
(f)provide for the reduction, waiver, postponement, remission or
refund, in whole or in part, of any fee fixed under subsection
(1)(a); and
(g)provide, in specified circumstances, for the reinstatement or
payment, in whole or in part, of any fee fixed under subsection
(1)(a) which was reduced, waived, postponed, remitted or refunded
by or in accordance with the regulations; and
(h)confer a discretionary authority or impose a duty on any
Judge of the Court, an Associate Judge, a judicial registrar or a
specified court official or a specified class of judge, class of
judicial registrar or court official; and
s. 108
(i)leave any matter or thing dealt with by or in accordance with
the regulations to be decided by a specified court official or
class of court official.".
(3)In section 129(3) of the Supreme Court Act 1986 for "The
prothonotary" substitute "Subject to the regulations or any power
to reduce, waive, postpone, remit or refund any fee fixed under
subsection (1)(a), the prothonotary".
(4)After section 129(3) of the Supreme Court Act 1986 insert
"(4)If the regulations provide for a remission or refund of a
fee fixed under subsection (1)(a), the Consolidated Fund is
appropriated to the necessary extent to enable any remission or
refund to be paid.".
Division 2Interpretation of Legislation Act 1984
109Prescribing matters by reference to other documents
s. 109
See:Act No.10096.Reprint No. 11as at17 January 2013and
amendingAct Nos7/2013, 22/2013, 30/2013, 36/2013, 57/2013, 70/2013,
17/2014 and 32/2014.LawToday:www.legislation.vic.gov.au
After section 32(13) of the Interpretation of Legislation Act
1984 insert
"(13A)If a subordinate instrument may prescribe, determine or
fix any conditions of office for any person or class of persons,
those conditions of office may be prescribed, determined or fixed
by the subordinate instrument by reference in that subordinate
instrument to the conditions of office applicable to any other
person or class of persons prescribed, determined or fixed from
time to time
(a)by or under any other Act; or
(b)by or under any Commonwealth Act.
(13B)Subsection (13A) applies
(a)whether or not the power to prescribe, determine or fix by
subordinate instrument is subject to conditions, restrictions or
limitations; and
(b)despite any rule of law to the contrary.".
Division 3Repeal of amending Act
110Repeal of amending Act
This Act is repealed on 1 September 2016.
Note