Courts Legislation Miscellaneous Amendments Act 2010

Courts Legislation Miscellaneous Amendments Act 2010

No. 34 of 2010

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments Relating to Judicial Pension Entitlements

3Provisions for pensions to County Court judges and their
partners

Part 3—Amendments to the Coroners Act 2008—Acting Coroners

4Assignment of magistrates and acting magistrates to be
coroners

5Acting coroners

6Statute law revision

Part 4—Amendments Relating to Office of Judicial Registrar

Division 1—Amendments to the Constitution Act 1975 and the Supreme Court Act 1986

7Supreme Court of the State of Victoria

8Divisions of Supreme Court—Constitution Act 1975

9Definitions—Supreme Court Act 1986

10New section 9C inserted

9CTitles of judicial registrars

11Way in which Court of Appeal may be constituted

12New section 17AA inserted

17AABusiness may be disposed of by judicial registrars if Rules so permit

13Restriction on appeals

14New section 17EA inserted

17EAChief Justice may assign judicial registrars to Costs Court

15Costs Judge may direct costs registrars

16New section 17GA inserted

17GAPowers and functions of judicial registrar in Costs
Court

17Review of costs registrar's determination

17HReview of costs registrar's determination by judicial registrar

17HAReview of judicial registrar's determination by Costs Judge

18Judicial resolution conference and protection of conduct

19Power to make Rules

20Professional development and training

21Appointment of Associate Judges

22Functions of Associate Judges

23Functions of Registrar of the Court of Appeal and the Registrar of Criminal Appeals

24New Divisions 2A and 2B of Part 7 inserted

Division 2A—Judicial registrars

113CAssignment of duties

113DGuidelines relating to the appointment of judicial registrars

113ERecommendations for appointment of judicial
registrars

113FAppointment by Governor in Council

113GRemuneration and terms and conditions of appointment

113HResignation from office

113ISuspension from office

113JInvestigation of judicial registrar and report

113KRemoval of judicial registrar from office

113LPerformance of duties by judicial registrar

113MReview of decisions of judicial registrar

Division 2B—Registrar of Court of Appeal and Registrar
of Criminal Appeals

113NChief Justice may assign judicial registrar to be
Registrar of Court of Appeal and Registrar of
Criminal Appeals

113OFunctions of Registrar of the Court of Appeal

113PFunctions of the Registrar of Criminal Appeals

25New sections 149 and 150 inserted

149Transitional provisions—Courts Legislation Miscellaneous Amendments Act2010

150Regulations dealing with transitional matters—Courts Legislation Miscellaneous Amendments Act2010

Division 2—Amendments to the Judicial Salaries Act 2004

26Definitions

27Salaries of judicial officer and remuneration of acting
magistrates (2004–2005)

Division 3—Amendments to the County Court Act 1958

28Definitions

29Establishment of the County Court

30Salaries and allowances of the Chief Judge and other judges—statute law revision

31Professional development and training

32Officers of the court

33New Division 3B of Part I inserted

Division 3B—Judicial registrars

17LAssignment of duties

17MGuidelines relating to the appointment of judicial registrars

17NRecommendation for appointment of judicial registrars

17OAppointment by Governor in Council

17PRemuneration and terms and conditions of
appointment

17QResignation from office

17RSuspension from office

17SInvestigation of judicial registrar and report

17TRemoval of judicial registrar from office

17UPerformance of duties by judicial registrar

17VReview of decisions of judicial registrar

34Judicial resolution conference and protection of conduct

35Power to make rules of practice

Division 4—Amendments to the Children, Youth and Families Act2005

36Definitions

37The Children's Court

38Judicial resolution conference and protection of conduct

39New Part 7.6A inserted

Part 7.6A—Judicial Registrars

542AAssignment of duties

542BGuidelines relating to the appointment of judicial registrars

542CRecommendations for appointment of judicial
registrars

542DAppointment by Governor in Council

542ERemuneration and terms and conditions of
appointment

542FResignation from office

542GSuspension from office

542HInvestigation of judicial registrar and report

542IRemoval of judicial registrar from office

542JPerformance of duties by judicial registrar

542KReview of decisions of judicial registrar

40Rules

Division 5—Amendments to the Coroners Act 2008

41Definitions

42The Coroners Court

43New Division 1A of Part 8 inserted

Division 1A—Judicial registrars

102AAssignment of duties

102BGuidelines relating to the appointment of judicial registrars

102CRecommendations for appointment of judicial
registrars

102DAppointment by Governor in Council

102ERemuneration and terms and conditions of
appointment

102FResignation from office

102GSuspension from office

102HInvestigation of judicial registrar and report

102IRemoval of judicial registrar from office

102JPerformance of duties by judicial registrar

102KReview of decisions of judicial registrar

44Contempt

45Rules of the Coroners Court

46Professional development and training

Division 6—Consequential amendments

47Extension of time for filing or serving notice of appeal or
notice of application for leave to appeal—Criminal Procedure Act2009

48Extension of time for filing or serving notice of appeal or
notice of application for leave to appeal—Crimes (Mental Impairment and Unfitness to be Tried) Act1997

49Magistrates' Court Act 1989—judicial resolution conference

Part 5—General

50Statute law revision—Magistrates' Court Act 1989

51Statute law revision—Supreme Court Act 1986

52Repeal of amending Act

═══════════════

Endnotes

SectionPage

Victoria

SectionPage

Courts Legislation Miscellaneous Amendments Act 2010[†]

No. 34 of 2010

[Assented to 15 June 2010]

Courts Legislation Miscellaneous Amendments Act 2010
No. 34 of 2010

The Parliament of Victoriaenacts:

Part 5—General

Courts Legislation Miscellaneous Amendments Act 2010
No. 34 of 2010

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to further provide for certain judicial pension entitlements;

(b)to amend the Coroners Act 2008 in relationto acting coroners;

(c)to provide for the office of judicialregistrar in various courts.

2Commencement

s. 2

(1)Part 1 of this Act comes into operation on the day on which this Act receives the Royal Assent.

(2)Part 3 is deemed to have come into operation on 1November 2009.

(3)Part 2 and Part 5 of this Act come into operation on the day after the day on which this Act receives the Royal Assent.

(4)Subject to subsection (5), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(5)If a provision of this Act referred to in subsection (4) does not come into operation before 1 January 2011, it comes into operation on that day.

______

Part 2—Amendments Relating to Judicial Pension Entitlements

3Provisions for pensions to County Court judges and their partners

s. 3

See:
Act No.
6230.
Reprint No. 13
as at
15 January 2009
and amending
Act Nos
8/2008, 78/2008, 4/2009, 9/2009, 38/2009, 50/2009, 68/2009 and 69/2009
LawToday:
www.
legislation.
vic.gov.au

In section 14(2)(a)(iii) of the County Court Act 1958 after "subsection (5)(ac)" insert
"or subsection (5)(ad)".

______

Part 3—Amendments to the Coroners Act 2008—Acting Coroners

4Assignment of magistrates and acting magistrates to be coroners

s. 4

See:
Act No.
77/2008
and amending
Act Nos 77/2008, 68/2009 and 69/2009.
LawToday:
www.
legislation.
vic.gov.au

In section 93(3) of the Coroners Act 2008 after "acting magistrate" insert "as a coroner".

5Acting coroners

In section 94(5) of the Coroners Act 2008 for "anacting magistrate" substitute "a magistrate".

6Statute law revision

In the Coroners Act 2008—

(a)in section 8, for "circumstances,," substitute "circumstances,";

(b)in section 103(7)(b), after "case of" insert "a";

(c)in section 116(1)(e), for "section 76" substitute "section 73";

(d)in clause 6(b) of Schedule 1, for "34(2)," substitute "34(2)".

______

Part 4—Amendments Relating to Office of Judicial Registrar

Division 1—Amendments to the Constitution Act 1975 and the Supreme Court Act 1986

7Supreme Court of the State of Victoria

s. 7

See:
Act No.
8750.
Reprint No. 19
as at
15January 2009
and amending
Act Nos
4/2009, 38/2009, 68/2009, 69/2009, 70/2009 and 6/2010.
LawToday:
www.
legislation.
vic.gov.au

(1)In section 75(2) of the Constitution Act 1975for "and the Associate Judges ofthe Court"substitute", the Associate Judges ofthe Court and the judicial registrars of the Court".

(2)After section 75(4) of the Constitution Act 1975insert—

"(5)The judicial registrars of the Court are the judicial registrars appointed from time to time under Division 2A of Part 7 of the Supreme Court Act 1986.".

8Divisions of Supreme Court—Constitution Act 1975

(1)After section 75A(2A) of the Constitution Act 1975insert—

"(2B) The Court of Appeal may be constituted by a judicial registrar appointed in accordance with Division 2A of Part 7 of the Supreme Court Act 1986 in the case of a proceeding for which provision is made by the Supreme Court Act 1986 or by rules of court for—

(a)the Court of Appeal to be so constituted; and

(b)the delegation to judicial registrars of powers of the Court of Appeal to hear and determine such a matter or proceeding.".

(2)After section 75A(4) of the Constitution Act 1975insert—

"(5) The Trial Division may be constituted by a judicial registrar appointed in accordance with Division 2A of Part 7 of the Supreme Court Act 1986in the case of a proceeding for which provision is made by the Supreme Court Act 1986 or by rules of court for—

(a)the Court or the Trial Division to be so constituted; and

(b)the delegation to judicial registrars of powers of the Court or Trial Division to hear and determine such a matter or proceeding.".

See:
Act No.
110/1986.
Reprint No. 6
as at
28 April 2006
and amending
Act Nos
48/2006, 24/2007, 8/2008, 9/2008, 23/2008, 24/2008, 78/2008, 4/2009, 9/2009, 50/2009, 68/2009 and 69/2009.
LawToday:
www.
legislation.
vic.gov.au

9Definitions—Supreme Court Act 1986

s. 9

(1)In section 3(1) of the Supreme Court Act 1986insert the following definition—

"judicial registrar means a person appointed as a judicial registrar of the Court under Division2A of Part 7;".

(2)In section 3(1) of the Supreme Court Act 1986 in the definition of judicial resolution conference for "or an Associate Judge" substitute ", an Associate Judge or, subject to the Rules, a judicial registrar".

10New section 9C inserted

s. 10

After section 9B of the Supreme Court Act 1986 insert—

"9C Titles of judicial registrars

Subject to this Act, the Chief Justice, after consultation with the Council of Judges, may determine all matters pertaining to the title of any judicial registrar.".

11Way in which Court of Appeal may be constituted

(1)After section 11(4) of the Supreme Court Act 1986insert—

"(4A)Subject to this Act, the Rules may provide that the jurisdiction and powers of the Court of Appeal may, in particular kinds of applications or proceedings be exercised by a judicial registrar if—

(a)the matter is a kind of proceeding for which provision is made by the Rules for the Court of Appeal to be constituted by a judicial registrar; and

(b)the Rules provide for the delegation to judicial registrars of powers of the Court of Appeal to hear and determine such a matter or proceeding.".

(2)In section 11(5) of the Supreme Court Act 1986 after "Associate Judge" insert "or a judicial registrar".

(3)After section 11(7) of the Supreme Court Act 1986insert—

"(8) Subject to subsection (5), a judgment, order or direction given or made by a judicial registrarwhen exercising the jurisdiction and powers of the Court of Appeal has effect as a judgment, order or direction of the Court of Appeal.".

12New section 17AA inserted

s. 12

After section 17 of the Supreme Court Act 1986 insert—

"17AA Business may be disposed of by judicial registrars if Rules so permit

Without limiting section 17, the Trial Division of the Court constituted by a judicial registrar may hear and determine any matter, whether civil or criminal, if—

(a)the matter is a kind of proceeding for which provision is made by the Rules for the Court to be constituted by a judicial registrar; and

(b)the Rules provide for the delegation to judicial registrars of powers of the Court to hear and determine such a matter or proceeding.".

13Restriction on appeals

(1)In section 17A(2) of theSupreme Court Act 1986 for "An order" substitute "Subject to subsection (2A), an order".

(2)After section 17A(2) of theSupreme Court Act 1986 insert—

"(2A)Subsection (2) does not apply in respect of an order made by the Trial Division constituted by a judicial registrar.

Note

See section 113M.".

14New section 17EA inserted

s. 14

After section 17E of the Supreme Court Act 1986 insert—

"17EA Chief Justice may assign judicial registrars to Costs Court

The Chief Justice may assign one or more judicial registrars to the Costs Court if the operational requirements of the Costs Court so require.".

15Costs Judge may direct costs registrars

(1)In the heading to section 17F of the Supreme Court Act 1986 after "direct" insert "judicial registrars and".

(2)In section 17F of the Supreme Court Act 1986—

(a)in paragraph (a) after "by a" insert "judicial registrar or a";

(b)in paragraph (b) after "by" insert "judicial registrars or".

16New section 17GA inserted

After section 17G of the Supreme Court Act 1986 insert—

"17GA Powers and functions of judicial registrar in Costs Court

(1)Subject to the Rules and the general direction and control of a Costs Judge, a judicial registrar may—

(a)assess, settle, tax or review costs in accordance with directions under section 17F and the Rules; and

(b)exercise the powers of the Costs Court conferred on a judicial registrar by or under this Act or any other Act or by the Rules.

(2)Subject to sections 17H and 17J, a determination made by a judicial registrar in the Costs Court—

(a)has effect as a judgment, an order or a direction (as the case requires) of the Costs Court; and

(b)may be enforced accordingly.".

17Review of costs registrar's determination

s. 17

For section 17H of the Supreme Court Act 1986 substitute—

"17H Review of costs registrar's determination by judicial registrar

(1)Subject to the Rules, a party who objects to a determination made by a costs registrar in accordance with this Division may apply to the Costs Court constituted by a judicial registrar for a review of that determination.

(2)An application for review under subsection (1) is to be made—

(a)within the time period allowed by the Rules; and

(b)otherwise in accordance with the Rules.

(3)The Costs Court constituted by a judicial registrar or by a Costs Judge, on its own motion, may review a determination of a costs registrar made in accordance with this Division.

(4)A review under subsection (3) is to be made—

(a)within the time period allowed by the Rules; and

(b)otherwise in accordance with the Rules.

(5)A review under this section is to be heard and determined in accordance with the Rules.

(6)Unless the Costs Court otherwise orders, a review of a costs registrar's determination under this section does not operate as—

(a)a stay of execution; or

(b)a stay of the proceedings under the determination of the costs registrar to which the review relates.

17HAReview of judicial registrar's determination by Costs Judge

s. 17

(1)Subject to the Rules, a party who objects to a determination made by a judicial registrar in accordance with this Division (including a review under section 17H) may apply to the Costs Court constituted by a Costs Judge for a review of that determination.

(2)An application for review under subsection (1) is to be made—

(a)within the time period allowed by the Rules; and

(b)otherwise in accordance with the Rules.

(3)The Costs Court constituted by a Costs Judge, on its own motion, may review a determination of a judicial registrar made in accordance with this Division.

(4)A review under subsection (3) is to be made—

(a)within the time period allowed by the Rules; and

(b)otherwise in accordance with the Rules.

(5)A review under this section is to be heard and determined in accordance with the Rules.

(6)Unless the Costs Court otherwise orders, a review of a judicial registrar's determination under this section does not operate as—

(a)a stay of execution; or

(b)a stay of the proceedings under the determination of the judicial registrar to which the review relates.".

18Judicial resolution conference and protection of conduct

s. 18

(1)In section 24B(2) of the Supreme Court Act 1986for "or an Associate Judge" substitute
", an Associate Judge or a judicial registrar".

(2)In section 24C of the Supreme Court Act 1986for "or an Associate Judge" substitute
", an Associate Judge or a judicial registrar".

19Power to make Rules

(1)After section 25(1)(cb) of the Supreme Court Act 1986 insert—

"(cc)appeals by way of rehearing or otherwise from the Court constituted by a judicial registrar—

(i)to the Court of Appeal; or

(ii)to the Trial Division constituted by a Judge of the Court or by an Associate Judge;".

(2)In section 25(1)of the Supreme Court Act 1986—

(a)in paragraph (db) after "costs registrars", where twice occurring, insert "or judicial registrars";

(b)in paragraph (dc) after "costs registrar"insert "or a judicial registrar";

(c)in paragraph (dd) omit ",whether constituted by a Costs Judge or by a costs registrar".

(3) After section 25(1)(dd) of the Supreme Court Act 1986insert—

"(de)the prescription of the proceedings (whether civil or criminal) or class of proceedings (whether civil or criminal) which may be dealt with by the Court constituted by a judicial registrar;

s. 19

(df)delegating to judicial registrars all or any of the powers of the Court specified by the Rulesin relation to proceedings prescribed under paragraph (de), including, but not limited to, the exercise by judicial registrars of the jurisdiction of the Court;

(dg)the transfer or referral of matters between the Court constituted by a judicial registrar and the Court constituted by a Judge of the Court or by an Associate Judge;

(dh)reviews of, and appeals from, the Court constituted by a judicial registrar or a costs registrar;".

(4)In section 25(1A)(a) of the Supreme Court Act 1986—

(a)after "Associate Judge" insert ", a judicial registrar";

(b)after "class of judge" insert ", class of judicial registrar".

20Professional development and training

s. 20

In section 28A(1)of the Supreme Court Act 1986 in the definition of judicial officer for paragraph (b) substitute—

"(b)an Associate Judge; or

(c)a judicial registrar.".

21Appointment of Associate Judges

In section 104 of the Supreme Court Act 1986—

(a)subsection (2)(a) for "Master; and" substitute "Master.";

(b)subsections (2)(b), (3) and (4) are repealed;

22Functions of Associate Judges

At the end of section 111 of the Supreme Court Act 1986 insert—

"(2)Any Associate Judge may carry out the duties and functions of the Registrar of the Court of Appeal or the Registrar of Criminal Appeals—

(a)if the person assigned to those duties is absent or temporarily unable to perform those duties; or

(b)for the purposes of the effective conduct of the general business of the Court.".

23Functions of Registrar of the Court of Appeal and the Registrar of Criminal Appeals

(1)Section 111A of the Supreme Court Act 1986 is repealed.

(2)Section 112 of the Supreme Court Act 1986 is repealed.

24New Divisions 2A and 2B of Part 7 inserted

s. 24

After Division 2 of Part 7 of the Supreme Court Act 1986 insert—

"Division 2A—Judicial registrars

113C Assignment of duties

(1)The Chief Justice may assign duties to a judicial registrar.

(2)A judicial registrar must—

(a)carry out the duties that are from time to time assigned to him or her by the Chief Justice; and

(b)subject to sections 11(4A) and 17AA, perform the duties and exercise the powers and authorities imposed or conferred on him or her by or under this Act or any other Act or by the Rules.

Note

See also sections 75A(2B) and 75A(5) of the Constitution Act 1975.

(3)The Chief Justice has responsibility for the administration of the business of the judicial registrars and the orderly and expeditious exercise of their functions and powers.

113DGuidelines relating to the appointment of judicial registrars

(1)The Chief Justice, in consultation with the Attorney-General,may—

(a)prepare guidelines relating to the appointment of judicial registrars of the Court; and

(b)from time to time amend or revoke any guidelines prepared under paragraph(a).

(2)As soon as practicable after preparing, amending or revoking any guidelines under subsection(1), the Chief Justice must cause a copy of the guidelines or the amendment or notice of the revocation (as the case requires) to be given to the Attorney-General.

113ERecommendations for appointment of judicial registrars

(1)The Chief Justice may, at any time, recommend to the Attorney-General that a judicial registrar, or more than one judicial registrar, of the Court be appointed by the Governor in Council.

(2)In making a recommendation under subsection (1),the Chief Justice must have regard to any guidelines in force under section113D(1).

(3)On receiving a recommendation under subsection (1), the Attorney-General may recommend to the Governor in Council that a judicial registrar, or more than one judicial registrar, of the Court be appointed under section113F.