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PARLIAMENT OF VICTORIA
Court Services Victoria Bill 2013
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 1
3 Definitions 2
4 Object 4
PART 2--COURT SERVICES VICTORIA 5
5 Court Services Victoria 5
6 Official seal 5
7 Court Services Victoria represents the Crown 5
8 Function of the Court Services Victoria 6
9 Powers of Court Services Victoria 6
PART 3--THE COURTS COUNCIL 7
Division 1--Establishment and functions and powers of the
Courts Council 7
10 Establishment of the Courts Council 7
11 Functions and powers of the Courts Council 7
Division 2--Members of the Courts Council 8
12 Membership of the Courts Council 8
13 Judicial member of Courts Council may nominate person
to act in his or her absence 8
14 Appointed members of Courts Council 9
Division 3--Procedures and decisions of the Courts Council 10
15 Procedures of the Courts Council 10
16 Decisions which may be incompatible with integrity of a
jurisdiction or functions of the Supreme Court 11
Division 4--Governance principles 11
17 Duties of the members of the Courts Council 11
18 Duties of Council 12
19 Committees 13
571098B.I-29/10/2013 i BILL LA INTRODUCTION 29/10/2013
Clause Page
20 Application of provisions of Part 5 of the Public
Administration Act 2004 13
Division 5--General 14
21 Protection from liability 14
PART 4--STAFF OF COURT SERVICES VICTORIA 15
Division 1--Chief Executive Officer 15
22 Appointment of Chief Executive Officer 15
23 Vacancy 15
24 Removal from office 16
25 Functions and powers 16
26 Chief Executive Officer has functions of public service body
Head 17
27 Chief Executive Officer is accountable officer 17
28 Delegation 17
29 Acting Chief Executive Officer 17
Division 2--Court Chief Executive Officers 18
30 Appointment of Court Chief Executive Officers 18
31 Vacancy 19
32 Removal from office 19
33 Functions and powers 19
34 Acting Court Chief Executive Officer 20
35 Employment prior to commencement 21
Division 3--Other staff of Court Services Victoria 21
36 Employees other than judicial employees 21
37 Application of Part 3 of the Public Administration Act 2004 22
38 Transfer of staff performing internal administration of
jurisdiction 22
39 Use of services of other employees 22
PART 5--ANNUAL REPORT AND BUDGET 23
40 Annual report--Additional requirements 23
41 Budget 23
PART 6--GENERAL 25
42 Regulations 25
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Clause Page
PART 7--TRANSITIONAL PROVISIONS 26
Division 1--Transfer of staff 26
43 Transfer of staff employed under Part 3 of the Public
Administration Act 2004 26
44 Transfer of judicial employees 26
45 Transfer does not affect employment continuity 26
Division 2--Transfer of assets and liabilities 27
46 Definitions 27
47 Appointed day 28
48 Preparation of allocation statement 28
49 Property transferred to Court Services Victoria 29
50 Allocation of property etc. subject to encumbrances 29
51 Substitution of party to agreement 30
52 Proceedings 30
53 DOJ instruments 30
54 Registrar of Titles to make necessary recordings 31
55 Taxes 31
56 Evidence 31
57 Validity of things done under this Division 32
Division 3--Management of Crown Land 32
58 Vesting of management of Crown land in Court Services
Victoria 32
PART 8--CONSEQUENTIAL AMENDMENTS 35
Division 1--Amendment of Public Administration Act 2004 35
59 Definitions 35
60 Who are employers for the purposes of this Division? 35
61 Employment of judicial employees 36
62 Termination of employment as judicial employee 36
Division 2--Amendment of Financial Management Act 1994 36
63 Definitions 36
64 Appropriation of certain revenue and asset proceeds 37
65 New section 31A inserted 37
31A Transfer between items of Court Services Victoria
appropriation 37
Division 3--Amendment of Audit Act 1994 38
66 Power to call for persons and documents 38
67 New section 11AA inserted 38
11AA Body exercising judicial or quasi-judicial functions 38
68 Offences 39
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Clause Page
Division 4--Amendment of Freedom of Information Act 1982 39
69 Definitions 39
70 New section 29B inserted 40
29B Documents of Court Services Victoria 40
Division 5--Amendment of Independent Broad-based
Anti-corruption Commission Act 2011 40
71 Definitions of public body, public officer and public sector 40
Division 6--Amendment of Ombudsman Act 1973 41
72 Definitions 41
73 New section 13AC inserted 41
13AC Court Services Victoria 41
74 Amendment of Schedule 2 43
Division 7--Amendment of other Acts 43
75 Amendment of section 17 of Magistrates' Court Act 1989 43
76 Repeal of section 136A of Magistrates' Court Act 1989 43
77 Amendment of section 97 of Coroners Act 2008 44
78 Amendment of section 106 of Supreme Court Act 1986 44
79 Amendment of section 32 of the Victorian Civil and
Administrative Tribunal Act 1998 45
Division 8--Repeal 45
80 Repeal of Part 45
ENDNOTES 46
571098B.I-29/10/2013 iv BILL LA INTRODUCTION 29/10/2013
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Court Services Victoria Bill 2013
A Bill for an Act to establish Court Services Victoria and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to establish Court
Services Victoria.
5 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2014, it comes into
10 operation on that day.
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Part 1--Preliminary
s. 3
3 Definitions
In this Act--
appointed member, of the Courts Council, means
a member of the Courts Council appointed
5 under section 14;
Auditor-General means the Auditor-General
appointed under section 94A of the
Constitution Act 1975;
Chief Executive Officer means the Chief
10 Executive Officer of Court Services Victoria
appointed under section 22;
Court Chief Executive Officer means a Court
Chief Executive Officer appointed for a
jurisdiction under section 30;
15 Court Services Victoria means Court Services
Victoria established under section 5;
Courts Council means the Courts Council
established under section 10;
head of a jurisdiction means--
20 (a) in the case of the Supreme Court, the
Chief Justice;
(b) in the case of the County Court, the
Chief Judge;
(c) in the case of the Magistrates' Court,
25 the Chief Magistrate;
(d) in the case of the Children's Court, the
President of the Children's Court;
(e) in the case of the Coroners Court, the
State Coroner;
30 (f) in the case of VCAT, the President of
VCAT;
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Part 1--Preliminary
s. 3
Judicial College of Victoria means the Judicial
College of Victoria established under
section 4 of the Judicial College of Victoria
Act 2001;
5 judicial employee means a person employed
under Division 3 of Part 6 of the Public
Administration Act 2004;
judicial member, of the Courts Council, means a
member of the Courts Council referred to in
10 section 12(2) or a nominee of that member;
jurisdiction means--
(a) the Supreme Court; or
(b) the County Court; or
(c) the Magistrates' Court; or
15 (d) the Children's Court; or
(e) the Coroners Court; or
(f) VCAT;
member of the staff, of Court Services Victoria,
means--
20 (a) the Chief Executive Officer; or
(b) a Court Chief Executive Officer; or
(c) a person employed under section 36; or
(d) a judicial employee; or
(e) the chief executive officer of the
25 Judicial College of Victoria; or
(f) a person employed under section 16(2)
of the Judicial College of Victoria Act
2001;
State Services Authority means the State Services
30 Authority established under section 37 of the
Public Administration Act 2004.
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Part 1--Preliminary
s. 4
4 Object
The object of this Act is to support judicial
independence in the administration of justice in
Victoria by establishing a body (Court Services
5 Victoria) to provide the administrative services
and facilities necessary for the Victorian courts
and VCAT to operate independently of the
direction of the executive branch of government.
__________________
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Court Services Victoria Bill 2013
Part 2--Court Services Victoria
s. 5
PART 2--COURT SERVICES VICTORIA
5 Court Services Victoria
(1) Court Services Victoria is established.
(2) Court Services Victoria--
5 (a) is a body corporate with perpetual
succession; and
(b) has an official seal; and
(c) may sue and be sued; and
(d) may acquire, hold and dispose of real and
10 personal property; and
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
6 Official seal
(1) The official seal of Court Services Victoria
15 must--
(a) be kept in custody as directed by the Courts
Council; and
(b) not be used except as authorised by the
Courts Council.
20 (2) All courts and tribunals must take judicial notice
of the seal of Court Services Victoria affixed to a
document and, until the contrary is proved, must
presume that it was duly affixed.
7 Court Services Victoria represents the Crown
25 (1) In performing its functions and exercising its
powers, Court Services Victoria represents the
Crown.
(2) Nothing in subsection (1) detracts from the
independence of Court Services Victoria from the
30 direction of the executive branch of government.
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s. 8
8 Function of the Court Services Victoria
The function of Court Services Victoria is to
provide, or arrange for the provision of, the
administrative services and facilities necessary or
5 desirable--
(a) to support the performance of the judicial,
quasi-judicial and administrative functions
of--
(i) the Supreme Court; and
10 (ii) the County Court; and
(iii) the Magistrates' Court; and
(iv) the Children's Court; and
(v) the Coroners Court; and
(vi) VCAT; and
15 (b) to enable the Judicial College of Victoria to
perform its functions.
9 Powers of Court Services Victoria
Subject to this Act, Court Services Victoria has
the power to do all things necessary or convenient
20 to be done for or in connection with, or as
incidental to, the performance of its function.
__________________
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Part 3--The Courts Council
s. 10
PART 3--THE COURTS COUNCIL
Division 1--Establishment and functions and powers of the
Courts Council
10 Establishment of the Courts Council
5 (1) The Courts Council is established.
(2) The Courts Council--
(a) is the governing body of Court Services
Victoria; and
(b) has the general direction and
10 superintendence of Court Services Victoria;
and
(c) subject to this Act, may perform the function
and exercise the powers of Court Services
Victoria.
15 11 Functions and powers of the Courts Council
In addition to the performance of the function and
the exercise of the powers of Court Services
Victoria, the Courts Council has the following
functions and powers--
20 (a) to direct the strategy, governance and risk
management of Court Services Victoria;
(b) to appoint, in accordance with this Act--
(i) the Chief Executive Officer of Court
Services Victoria; and
25 (ii) a Court Chief Executive Officer for
each jurisdiction;
(c) any other functions and powers conferred on
it by or under this or any other Act.
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Part 3--The Courts Council
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Division 2--Members of the Courts Council
12 Membership of the Courts Council
(1) The Courts Council consists of--
(a) the judicial members of the Courts Council;
5 and
(b) up to 2 other members appointed under
section 14.
(2) The judicial members of the Courts Council are--
(a) the Chief Justice;
10 (b) the Chief Judge;
(c) the Chief Magistrate;
(d) the President of the Children's Court;
(e) the State Coroner;
(f) the President of VCAT.
15 (3) The Chief Justice is the Chair of the Courts
Council.
13 Judicial member of Courts Council may nominate
person to act in his or her absence
(1) A person nominated by a judicial member of the
20 Courts Council (the nominee of that member)
may act as a judicial member of the Courts
Council in the absence of the judicial member.
(2) The nominee of a judicial member of the Courts
Council must be--
25 (a) in the case of the nominee of the President of
VCAT--a Vice President or Deputy
President of VCAT; or
(b) in the case of the nominee of any other
judicial member--a judicial officer of the
30 jurisdiction of that member.
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(3) While a nominee is acting in the absence of a
judicial member of the Courts Council--
(a) the nominee may exercise any of the powers
or functions of the judicial member; and
5 (b) a reference in this Division to the judicial
member of the Courts Council is to read as a
reference to the nominee.
14 Appointed members of Courts Council
(1) A majority of the judicial members of the Courts
10 Council may appoint up to 2 other persons as
members of the Courts Council.
(2) A person appointed as a member under
subsection (1) must have relevant experience or
qualifications in finance, administration or
15 management.
(3) A majority of the judicial members of the Courts
Council may suspend or remove an appointed
member of the Courts Council if satisfied that the
member--
20 (a) is mentally or physically incapable of
satisfactorily carrying out his or her
functions as a member of the Courts Council;
or
(b) is guilty of improper conduct in carrying out
25 his or her functions as a member of the
Courts Council; or
(c) has failed to attend 4 consecutive meetings
of the Courts Council without reasonable
excuse; or
30 (d) has engaged in improper conduct of a nature
or seriousness that is incompatible with the
person continuing to hold office as a member
of the Courts Council; or
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Part 3--The Courts Council
s. 15
(e) is otherwise in serious and sufficient breach
of the governance principles set out in
Division 4 to justify his or her suspension or
removal as a member of the Courts Council.
5 (4) An appointed member may resign from the Courts
Council by written notice delivered to the Courts
Council or the Chief Justice.
Division 3--Procedures and decisions of the Courts Council
15 Procedures of the Courts Council
10 (1) The Courts Council must meet at least 4 times in
each calendar year.
(2) If requested to do so by a judicial member of the
Courts Council, the Chair must convene a meeting
of the Courts Council for the purpose of
15 considering any matter raised by the judicial
member.
(3) A quorum for a meeting of the Courts Council is
the presence of 4 Council members one of whom
must be the Chief Justice.
20 (4) Subject to section 16(2), a question arising at a
meeting of the Courts Council is decided by a
majority of votes of the members present and
voting on the question.
(5) In the event of the vote on a question being tied,
25 the Chair has a casting vote in addition to a
deliberative vote.
(6) Subject to this Act, the Courts Council may
regulate its own procedures and those of any
committee formed by the Courts Council.
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Part 3--The Courts Council
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16 Decisions which may be incompatible with integrity
of a jurisdiction or functions of the Supreme Court
(1) If the Chief Justice is of the opinion that a
proposed decision of a meeting of the Courts
5 Council is incompatible with, or would
substantially impair or detract from--
(a) the institutional integrity of a jurisdiction; or
(b) the capacity of the Supreme Court to
function as the Supreme Court of the State--
10 the Chief Justice must inform the Courts Council
accordingly.
(2) The Courts Council may not make the decision if,
after the subject matter of the decision has been
discussed at a meeting of the Courts Council, the
15 Chief Justice remains of the opinion that the
decision is incompatible with, or would
substantially impair or detract from--
(a) the institutional integrity of a jurisdiction; or
(b) the capacity of the Supreme Court to
20 function as the Supreme Court of the State.
(3) If subsection (2) applies, the Chief Justice must
provide to the Courts Council a written statement
giving the reasons for his or her opinion and that
statement must be included in the minutes of the
25 meeting.
Division 4--Governance principles
17 Duties of the members of the Courts Council
(1) A member of the Courts Council must at all times
in the exercise of the functions of his or her office
30 act--
(a) with appropriate care, diligence and
integrity; and
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Part 3--The Courts Council
s. 18
(b) in compliance with this Act and the
regulations made under this Act.
(2) A member of the Courts Council must not give to
any other person, whether directly or indirectly,
5 any information acquired by him or her by reason
of being a member of the Courts Council, except
to the extent necessary--
(a) to exercise functions under this or any other
Act; or
10 (b) to give any information that he or she is
expressly authorised, permitted or required
to give under this or any other Act.
(3) A member of the Courts Council must not
improperly use his or her position, or any
15 information acquired by him or her by reason of
his or her position, to--
(a) gain an advantage for himself or herself or
another person; or
(b) cause detriment to Court Services Victoria.
20 18 Duties of Council
(1) The Courts Council must act consistently with the
function and objects of Court Services Victoria.
(2) The Courts Council must take into account any
business, corporate or strategic plan when making
25 decisions in respect of the provision of
administrative services and facilities to each
jurisdiction.
(3) The Courts Council must ensure that adequate
procedures are in place for the effective operation
30 of the Courts Council.
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Part 3--The Courts Council
s. 19
19 Committees
(1) The Courts Council may form or dissolve
committees and define their functions,
membership and procedures.
5 (2) The membership of a committee is not restricted
to members of the Courts Council.
(3) The Courts Council, by instrument, may delegate
to the members of a committee who are members
of the Courts Council any of its functions, except
10 this power of delegation.
20 Application of provisions of Part 5 of the Public
Administration Act 2004
(1) The Courts Council may determine, in writing,
that Court Services Victoria is to be bound by any
15 or all of the provisions of Division 4 of Part 5 of
the Public Administration Act 2004, as if it were
a public entity within the meaning of that Act.
(2) A determination may specify that the provision is
to apply with the modification specified in the
20 determination.
(3) If a determination is made, the provision applies
to Court Services Victoria with any modification
specified in the determination.
(4) The Courts Council may from time to time vary a
25 determination made under subsection (1).
(5) A copy of a determination, or a variation to a
determination, made under this section must be
given to the Premier within a reasonable time after
it is made.
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Part 3--The Courts Council
s. 21
Division 5--General
21 Protection from liability
(1) A member of the Courts Council is not personally
liable for anything done or omitted to be done in
5 good faith--
(a) in the exercise of a power or the performance
of a function under this Act or the
regulations made under this Act; or
(b) in the reasonable belief that the act or
10 omission was in the exercise of a power or
the performance of a function under this Act
or the regulations made under this Act.
(2) Any liability resulting from an act or omission
that, but for subsection (1), would attach to a
15 member of the Courts Council attaches instead to
Court Services Victoria.
(3) When exercising a power or performing a function
under this Act or the regulations made under this
Act in his or her capacity as a member of the
20 Courts Council, a judicial member of the Courts
Council has the same immunity and protection
that would apply to the member in the
performance or exercise of an administrative
function or power conferred on the member in his
25 or her capacity as a Judge, Magistrate, Coroner or
judicial member of VCAT (as the case may be).
Note
See section 24D of the Supreme Court Act 1986,
section 9A of the County Court Act 1958, section 14 of the
30 Magistrates' Court Act 1989, section 512 of the Children,
Youth and Families Act 2005, section 101(1) of the
Coroners Act 2008 and section 143(1) of the Victorian
Civil and Administrative Tribunal Act 1998.
__________________
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Court Services Victoria Bill 2013
Part 4--Staff of Court Services Victoria
s. 22
PART 4--STAFF OF COURT SERVICES VICTORIA
Division 1--Chief Executive Officer
22 Appointment of Chief Executive Officer
(1) The Courts Council must appoint a person as
5 Chief Executive Officer of Court Services
Victoria.
(2) The appointment is to be an executive
appointment under Part 3 of the Public
Administration Act 2004.
10 (3) Subject to subsection (5), the appointment is on
the terms and conditions (including remuneration
and allowances) fixed by the Courts Council.
(4) The Chief Executive Officer--
(a) holds office for the period, not exceeding
15 5 years, specified in his or her instrument of
appointment; and
(b) is eligible for re-appointment for a further
term or terms.
(5) In fixing the remuneration of the Chief Executive
20 Officer, the Courts Council must comply with any
guidelines issued by the State in relation to
executive remuneration for public entities in the
public sector.
23 Vacancy
25 The Chief Executive Officer ceases to hold office
if he or she--
(a) becomes an insolvent under administration;
or
(b) is convicted, or found guilty, of an indictable
30 offence or an offence that, if committed in
Victoria, would be an indictable offence; or
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Part 4--Staff of Court Services Victoria
s. 24
(c) resigns by writing delivered to the Courts
Council; or
(d) is removed from office under section 24.
24 Removal from office
5 The Courts Council may remove the Chief
Executive Officer from office on any of the
following grounds--
(a) misconduct;
(b) neglect of duty;
10 (c) inability to perform the duties of the office;
(d) any other ground on which the Courts
Council is satisfied that the Chief Executive
Officer is unfit to hold office.
25 Functions and powers
15 (1) The functions of the Chief Executive Officer
include--
(a) the management of the support service and
functions of Court Services Victoria in
accordance with the strategy, plans,
20 procedures and policies of the Courts
Council;
(b) the appointment and management of the
members of the staff of Court Services
Victoria, other than the appointment of the
25 Court Chief Executive Officers.
(2) The Chief Executive Officer has the power to do
all things that are necessary or convenient to be
done to perform his or her functions.
(3) In performing his or her functions or exercising
30 his or her powers, the Chief Executive Officer
must comply with any directions of the Courts
Council.
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26 Chief Executive Officer has functions of public
service body Head
For the purposes of Part 3 of the Public
Administration Act 2004, the Chief Executive
5 Officer has all the functions of a public service
body Head in relation to all members of the staff
of Court Services Victoria other than judicial
employees.
Note
10 Under Division 3 of Part 6 of the Public Administration Act
2004, the Chief Executive Officer may exercise the powers of an
employer under that Part in relation to judicial employees.
27 Chief Executive Officer is accountable officer
For the purposes of section 42 of the Financial
15 Management Act 1994, the Chief Executive
Officer is the accountable officer for Court
Services Victoria.
Note
As the accountable officer, the Chief Executive Officer is required
20 to prepare a report of operation and financial statements of Court
Services Victoria for each financial year under Part 7 of the
Financial Management Act 1994.
28 Delegation
The Chief Executive Officer, by instrument, may
25 delegate to another member of the staff of Court
Services Victoria any of his or her functions and
powers other than this power of delegation.
29 Acting Chief Executive Officer
(1) The Courts Council may appoint a person to act in
30 the office of the Chief Executive Officer--
(a) during a vacancy in that office; or
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Part 4--Staff of Court Services Victoria
s. 30
(b) during a period or all periods when the
person holding that office--
(i) is absent from duty; or
(ii) for any other reason, is unable to
5 exercise the functions of that office.
(2) An appointment under subsection (1) is--
(a) on the terms and conditions fixed by the
Courts Council; and
(b) for the period, not exceeding 12 months,
10 specified in the instrument of appointment.
Division 2--Court Chief Executive Officers
30 Appointment of Court Chief Executive Officers
(1) For each jurisdiction, the Courts Council must
appoint a person, nominated by the head of that
15 jurisdiction, as Court Chief Executive Officer.
(2) Subject to subsection (4), the appointment is on
the terms and conditions (including remuneration
and allowances) fixed by the Courts Council.
(3) A Court Chief Executive Officer--
20 (a) holds office for the period, not exceeding
5 years, specified in his or her instrument of
appointment; and
(b) is eligible for re-appointment for a further
term or terms.
25 (4) In fixing the remuneration of a Court Chief
Executive Officer, the Courts Council must
comply with any guidelines issued by the State in
relation to executive remuneration for public
entities in the public sector.
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Part 4--Staff of Court Services Victoria
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31 Vacancy
A Court Chief Executive Officer ceases to hold
office if he or she--
(a) becomes an insolvent under administration;
5 or
(b) is convicted, or found guilty, of an indictable
offence or an offence that, if committed in
Victoria, would be an indictable offence; or
(c) resigns by writing delivered to the Courts
10 Council; or
(d) is removed from office under section 32.
32 Removal from office
The Courts Council may remove a Court Chief
Executive Officer from office--
15 (a) on the recommendation of the head of the
relevant jurisdiction; or
(b) on any of the following grounds--
(i) misconduct;
(ii) neglect of duty;
20 (iii) inability to perform the duties of the
office;
(iv) any other ground on which the Courts
Council is satisfied that the Court Chief
Executive Officer is unfit to hold
25 office.
33 Functions and powers
(1) The functions of a Court Chief Executive Officer
include--
(a) the management of the administrative
30 support services of the relevant jurisdiction,
including providing support to the head of
the relevant jurisdiction; and
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Part 4--Staff of Court Services Victoria
s. 34
(b) ensuring that appropriate administration and
support services are provided to the relevant
jurisdiction and thereby contributing to the
management and administration of the
5 operations of Court Services Victoria.
(2) In performing his or her functions, a Court Chief
Executive Officer is responsible to, and must
comply with any directions given by--
(a) the head of the relevant jurisdiction in
10 relation to the operation of that jurisdiction;
and
(b) the Chief Executive Officer in relation to all
other matters.
34 Acting Court Chief Executive Officer
15 (1) The Courts Council may appoint a member of the
staff of Court Services Victoria to act in the office
of a Court Chief Executive Officer--
(a) during a vacancy in that office; or
(b) during a period or all periods when the
20 person holding that office--
(i) is absent from duty; or
(ii) for any other reason, is unable to
exercise the functions of that office.
(2) The person appointed must be a person nominated
25 by the head of the relevant jurisdiction.
(3) An appointment under subsection (1) is--
(a) on the terms and conditions fixed by the
Courts Council; and
(b) for the period, not exceeding 12 months,
30 specified in the instrument of appointment.
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35 Employment prior to commencement
(1) If a person who is appointed to the office of Chief
Executive Officer or Court Chief Executive
Officer was employed under Part 3 of the Public
5 Administration Act 2004 immediately before
that appointment, the person's term of office as the
Chief Executive Officer or as a Court Chief
Executive Officer (as the case may be) is taken to
be service under Part 3 of that Act for the
10 purposes of any benefits and entitlements that
would accrue because of that service.
(2) If a person who is appointed to the office of Chief
Executive Officer or Court Chief Executive
Officer was an officer within the meaning of the
15 State Superannuation Act 1988 immediately
before that appointment, the person continues to
be such an officer during his or her term of office
as the Chief Executive Officer or as a Court Chief
Executive Officer (as the case may be).
20 Division 3--Other staff of Court Services Victoria
36 Employees other than judicial employees
(1) Any employees, other than judicial employees,
that are necessary to enable Court Services
Victoria to perform its function may be employed
25 under Part 3 of the Public Administration Act
2004.
Note
Judicial employees may be employed under Division 3 of
Part 6 of the Public Administration Act 2004.
30 (2) Section 8 of the Public Administration Act 2004
applies in relation to the employment of
employees referred to in subsection (1) as if the
reference to public sector body Heads included a
reference to the Chief Executive Officer.
571098B.I-29/10/2013 21 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 4--Staff of Court Services Victoria
s. 37
37 Application of Part 3 of the Public Administration
Act 2004
A provision of Part 3 of the Public
Administration Act 2004 does not apply to Court
5 Services Victoria to the extent that--
(a) the provision is inconsistent with a provision
of this Act; or
(b) the provision provides for the control,
supervision or direction by the Premier, a
10 Minister or any other person or body
representing the executive branch of
government in relation to Court Services
Victoria.
38 Transfer of staff performing internal administration
15 of jurisdiction
The Chief Executive Officer must not exercise a
power in relation to the transfer of staff that
directly affects staff employed in performing the
administrative duties of a jurisdiction unless the
20 Chief Executive Officer has the agreement of the
head of that jurisdiction.
39 Use of services of other employees
The Chief Executive Officer may enter into
agreements or arrangements for the use of the
25 services of any employee of a Department,
statutory authority or other public body.
__________________
571098B.I-29/10/2013 22 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 5--Annual Report and Budget
s. 40
PART 5--ANNUAL REPORT AND BUDGET
40 Annual report--Additional requirements
In addition to the requirements under section 45 of
the Financial Management Act 1994, the report
5 of operations of Court Services Victoria for a
financial year must include--
(a) the budget allocated to each jurisdiction for
the provision of administrative services and
facilities, including details of any alteration
10 to the budget allocations; and
(b) details of the administrative services and
facilities provided by Court Services Victoria
to the courts or VCAT.
Note
15 The annual report of Court Services Victoria is in addition
to any annual report required under another Act to be
prepared by an individual jurisdiction.
41 Budget
(1) Before the end of each financial year, the Courts
20 Council must prepare and submit to the Attorney-
General a budget for the forthcoming year.
(2) When requested to do so by the Attorney-General,
the Courts Council must prepare and submit to the
Attorney-General a budget for the period
25 determined by the Attorney-General.
(3) A budget prepared under subsection (1) or (2)
must--
(a) be in the form and include the information
specified by the Attorney-General; and
30 (b) provide estimates of receipts and expenditure
for Court Services Victoria together with
separate estimates of receipts and
expenditure for each jurisdiction and for the
Judicial College of Victoria.
571098B.I-29/10/2013 23 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 5--Annual Report and Budget
s. 41
(4) The Attorney-General may approve a budget
submitted to him or her under subsection (1) or (2)
with or without modification.
(5) Subject to subsection (6), the Courts Council may
5 prepare and submit to the Attorney-General
proposed changes to the budget approved by the
Attorney-General under subsection (4).
(6) The Courts Council must not propose a change
under subsection (5) that would reduce the budget
10 of a jurisdiction or the Judicial College of Victoria
without the approval of the head of that
jurisdiction or the approval of the board of the
Judicial College of Victoria (as the case may be).
(7) The Attorney-General may approve a change to an
15 approved budget submitted to him or her under
subsection (5) with or without modification.
(8) The Courts Council must use its best endeavours
to act consistently with the budget approved by
the Attorney-General from time to time, including
20 any changes to the budget approved under
subsection (7).
(9) The Courts Council must not expend money or
incur a liability unless provision for the
expenditure or liability is made in the budget
25 approved by the Attorney-General.
(10) This section is in addition to any requirements
under the Financial Management Act 1994.
__________________
571098B.I-29/10/2013 24 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 6--General
s. 42
PART 6--GENERAL
42 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
5 (a) the information to be included in an annual
report of Court Services Victoria; and
(b) any other matter or thing required or
permitted by this Act to be prescribed or
necessary to be prescribed to give effect to
10 this Act.
(2) The regulations may--
(a) be of general or limited application; and
(b) differ according to differences in time, place
or circumstances; and
15 (c) confer a discretionary authority or impose a
duty on a specified person or body or a
specified class of persons or bodies.
__________________
571098B.I-29/10/2013 25 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 7--Transitional Provisions
s. 43
PART 7--TRANSITIONAL PROVISIONS
Division 1--Transfer of staff
43 Transfer of staff employed under Part 3 of the
Public Administration Act 2004
5 (1) On or after the day section 5 comes into operation,
the Premier may, in writing, declare that any court
services employee is transferred from the
Department of Justice to Court Services Victoria
on terms and conditions of employment that are
10 no less favourable overall.
(2) On the making of a declaration under subsection
(1), the transfer is taken to have taken place.
(3) A declaration under subsection (1) may be made
in respect of an individual employee or a group of
15 employees.
(4) In this section--
court services employee means any employee of
the Department of Justice necessary to carry
out, or support the carrying out of, a function
20 that is to be transferred from the Department
of Justice to Court Services Victoria.
44 Transfer of judicial employees
On the day section 5 comes into operation all
judicial employees are transferred from the
25 Department of Justice to Court Services Victoria
on terms and conditions of employment that are
no less favourable overall.
45 Transfer does not affect employment continuity
(1) A transfer under section 43 or 44 does not
30 constitute a resignation or termination of
employment and the post-transfer service is to be
regarded as continuous with the pre-transfer
service.
571098B.I-29/10/2013 26 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 7--Transitional Provisions
s. 46
(2) A person transferred under section 43 or 44 who
was an officer within the meaning of the State
Superannuation Act 1988 immediately before
the transfer continues to be such an officer after
5 the transfer.
Division 2--Transfer of assets and liabilities
46 Definitions
In this Division--
allocation statement means a statement that is
10 agreed to by the Attorney-General under
section 48;
appointed day, in relation to an allocation
statement, means a day fixed under
section 47 for the purposes of that statement;
15 DOJ instrument means an instrument subsisting
immediately before the appointed day--
(a) to which the Secretary was a party; or
(b) that was given in favour of the
Secretary; or
20 (c) that refers to the Secretary or the
Department of Justice; or
(d) under which--
(i) money is or may become payable
to or by the Secretary or the
25 Department of Justice; or
(ii) other property is to be or may
become liable to be transferred to
or by the Secretary or the
Department of Justice.
571098B.I-29/10/2013 27 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 7--Transitional Provisions
s. 47
former DOJ property means property, rights or
liabilities of the State that, under this
Division, have vested in or become property,
rights or liabilities of Court Services
5 Victoria;
instrument includes a document and an oral
agreement;
liabilities means all liabilities, duties and
obligations, whether actual, contingent or
10 prospective;
property means any legal or equitable estate or
interest (whether present or future and
whether vested or contingent) in personal
property of any description;
15 rights means all rights, powers, privileges and
immunities, whether actual, contingent or
prospective;
Secretary means the Secretary to the Department
of Justice.
20 47 Appointed day
The Attorney-General may, by notice in the
Government Gazette, fix a day as the appointed
day for the purposes of an allocation statement.
48 Preparation of allocation statement
25 (1) The Secretary and the Chief Executive Officer
may from time to time prepare a statement of
property, rights and liabilities of the State that are
to be assigned to Court Services Victoria.
(2) A statement under this section must be agreed to
30 by the Courts Council.
(3) A statement that is agreed to by the Courts
Council must be provided to the Attorney-General
for agreement.
571098B.I-29/10/2013 28 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 7--Transitional Provisions
s. 49
(4) The Attorney-General may agree to the statement
if he or she is satisfied that the property, rights and
liabilities to be assigned relate to--
(a) the courts, VCAT or the Judicial College of
5 Victoria; or
(b) the services or the staff of the courts, VCAT
or the Judicial College of Victoria.
49 Property transferred to Court Services Victoria
On the appointed day for an allocation
10 statement--
(a) all property and rights of the State that are
allocated to Court Services Victoria under
the allocation statement, vest in Court
Services Victoria; and
15 (b) all liabilities of the State that are allocated to
Court Services Victoria under the allocation
statement, become liabilities of Court
Services Victoria.
50 Allocation of property etc. subject to encumbrances
20 Unless an allocation statement otherwise provides,
where, under this Division, property and rights
vest in Court Services Victoria or liabilities
become liabilities of Court Services Victoria--
(a) the property and rights so vested are subject
25 to the encumbrances (if any) to which they
were subject immediately before so vesting;
and
(b) the rights to which the State was entitled in
respect of those liabilities immediately
30 before they became liabilities of Court
Services Victoria, vest in Court Services
Victoria.
571098B.I-29/10/2013 29 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 7--Transitional Provisions
s. 51
51 Substitution of party to agreement
If, under an allocation statement, the rights and
liabilities of the State under an agreement are
allocated to Court Services Victoria--
5 (a) Court Services Victoria becomes, on the
appointed day, a party to the agreement in
place of the State; and
(b) on and after the appointed day, the
agreement has effect as if Court Services
10 Victoria had always been a party to the
agreement.
52 Proceedings
If, immediately before the appointed day for an
allocation statement, proceedings relating to
15 former DOJ property (including arbitration
proceedings) allocated to Court Services Victoria
under the allocation statement, to which the
Secretary or the State was a party, were pending
or existing in any court or tribunal, then, on and
20 after that date, Court Services Victoria is
substituted for the Secretary or the State as a party
to the proceedings and has the same rights in the
proceedings as the Secretary or the State had.
53 DOJ instruments
25 Each DOJ instrument relating to former DOJ
property allocated under an allocation statement
continues to have effect according to its tenor on
and after the appointed day for that statement as if
a reference in the instrument to the Secretary, the
30 Department of Justice or the State were a
reference to Court Services Victoria.
571098B.I-29/10/2013 30 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 7--Transitional Provisions
s. 54
54 Registrar of Titles to make necessary recordings
On being requested to do so and on delivery of
any relevant instrument or document, the
Registrar of Titles must make any recordings in
5 the Register under the Transfer of Land Act
1958 that are necessary because of the operation
of any provision of this Division.
55 Taxes
No duty or other tax is chargeable under any Act
10 in respect of anything done under this Division or
in respect of any act or transaction connected with
or necessary to be done by reason of this Division,
including a transaction entered into or an
instrument made, executed, lodged or given, for
15 the purpose of, or connected with the transfer of
property, rights or liabilities of the State.
56 Evidence
(1) Documentary or other evidence that would have
been admissible for or against the interests of the
20 State in relation to former DOJ property if this
Division had not been enacted, is admissible for or
against the interests of Court Services Victoria.
(2) The Evidence Act 2008 applies with respect to
the books of account of the Department of Justice
25 and to entries made in those books of account
before the appointed day for an allocation
statement, to the extent that they relate to former
DOJ property allocated to Court Services Victoria
under the statement, as if those books of account
30 and entries were business records.
571098B.I-29/10/2013 31 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 7--Transitional Provisions
s. 57
57 Validity of things done under this Division
(1) Nothing effected by this Division or done or
suffered under this Division--
(a) is to be regarded as placing any person in
5 breach of contract or confidence or as
otherwise making any of them guilty of a
civil wrong; or
(b) is to be regarded as placing any person in
breach of or as constituting a default under
10 any Act or other law or any provision in any
agreement, arrangement or understanding
including, without limiting the generality of
the foregoing, any provision prohibiting,
restricting or regulating the assignment or
15 transfer of any property or the disclosure of
any information; or
(c) is to be regarded as fulfilling any condition
which allows a person to exercise a right or
remedy in respect of or to terminate any
20 agreement or obligation; or
(d) releases any surety or other obligor wholly or
in part from any obligation.
(2) In this section, Act does not include the Charter
of Human Rights and Responsibilities Act
25 2006.
Division 3--Management of Crown Land
58 Vesting of management of Crown land in Court
Services Victoria
(1) The Governor in Council may, on the
30 recommendation of the Attorney-General, by
Order published in the Government Gazette--
(a) divest the management of specified Crown
land from a person or body; and
571098B.I-29/10/2013 32 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 7--Transitional Provisions
s. 58
(b) vest the management of the land in Court
Services Victoria.
(2) The Attorney-General must not make a
recommendation under subsection (1) unless the
5 Attorney-General is satisfied that the land is being
or is to be used by or for the purposes of a court or
VCAT or Court Services Victoria.
(3) An Order under subsection (1) takes effect on the
date specified in the Order.
10 (4) Without limiting subsection (1), if the land
specified in an Order is reserved Crown land with
a committee of management, then--
(a) on the Order taking effect, the committee of
management is abolished; and
15 (b) on and from the Order taking effect, Court
Services Victoria is taken to be the
committee of management of the land within
the meaning of the Crown Land (Reserves)
Act 1978.
20 (5) Without limiting subsection (1), if the land
specified in an Order is reserved Crown land
managed by the Secretary under an agreement
under section 18B of the Crown Land (Reserves)
Act 1978, then--
25 (a) on the Order taking effect--
(i) the Secretary ceases to be the manager
of the land; and
(ii) Court Services Victoria becomes a
party to the agreement in place of the
30 Secretary; and
(b) on and from the Order taking effect, the
agreement has effect as if Court Services
Victoria had always been a party to the
agreement.
571098B.I-29/10/2013 33 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 7--Transitional Provisions
s. 58
(6) An Order under this section may include
provisions of a saving or transitional nature
consequent on the making of the Order, including
provisions providing for the continuity of any
5 lease, licence or tenancy agreement affecting the
land.
(7) Any person or body to whom or which an Order
applies must give effect to the Order.
(8) An Order under this section cannot divest the
10 management of land from a lessee, licensee or
tenant of the land.
(9) An Order under this section takes effect despite
anything to the contrary in any Act or subordinate
instrument other than the Charter of Human
15 Rights and Responsibilities Act 2006.
__________________
571098B.I-29/10/2013 34 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 8--Consequential Amendments
s. 59
PART 8--CONSEQUENTIAL AMENDMENTS
Division 1--Amendment of Public Administration Act 2004
59 Definitions
In section 4(1) of the Public Administration Act See:
Act No.
5 2004-- 108/2004.
Reprint No. 4
(a) after paragraph (c) of the definition of as at
1 July 2013
exempt body insert-- and
amending
"(ca) Court Services Victoria; or"; Act No.
81/2012.
(b) insert the following definitions-- LawToday:
www.
10 "Chief Executive Officer of Court Services legislation.
vic.gov.au
Victoria means the person holding the
office or performing the duties of the
Chief Executive Officer of Court
Services Victoria;
15 Court Chief Executive Officer means a
person holding the office or performing
the duties of a Court Chief Executive
Officer under the Court Services
Victoria Act 2013;
20 Court Services Victoria means Court
Services Victoria established under
section 5 of the Court Services
Victoria Act 2013;".
60 Who are employers for the purposes of this
25 Division?
After section 24(ab) of the Public
Administration Act 2004 insert--
"(ac) in the case of the Chief Executive Officer of
Court Services Victoria or a Court Chief
30 Executive Officer--the Courts Council
within the meaning of the Court Services
Victoria Act 2013;".
571098B.I-29/10/2013 35 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 8--Consequential Amendments
s. 61
61 Employment of judicial employees
In section 102(1) of the Public Administration
Act 2004 for "appropriate public service body
Head" substitute "Chief Executive Officer of
5 Court Services Victoria".
62 Termination of employment as judicial employee
(1) In section 103(1) of the Public Administration
Act 2004--
(a) for "appropriate public service body Head"
10 substitute "Chief Executive Officer of Court
Services Victoria";
(b) for "Head" (where secondly occurring)
substitute "Chief Executive Officer".
(2) In section 103(2)(b) of the Public
15 Administration Act 2004 for "public service
body Head" substitute "Chief Executive Officer
of Court Services Victoria".
Division 2--Amendment of Financial Management Act 1994
63 Definitions
20 See:
Act No.
In section 3 of the Financial Management Act
18/1994. 1994--
Reprint No. 6
as at (a) in the definition of public body, after
26 September
2007
paragraph (b) insert--
and
amending "(ba) Court Services Victoria;";
Act No.
25 44/2008. (b) insert the following definitions--
LawToday:
www. "Court Services Victoria means Court
legislation.
vic.gov.au
Services Victoria established under
section 5 of the Court Services
Victoria Act 2013;
30 Courts Council means the Courts Council
established under section 10 of the
Court Services Victoria Act 2013;".
571098B.I-29/10/2013 36 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 8--Consequential Amendments
s. 64
64 Appropriation of certain revenue and asset proceeds
After section 29(3) of the Financial Management
Act 1994 insert--
"(4) In this section--
5 department includes Court Services
Victoria.".
65 New section 31A inserted
After section 31 of the Financial Management
Act 1994 insert--
10 "31A Transfer between items of Court Services
Victoria appropriation
(1) The Courts Council, with the consent of the
Treasurer and Attorney-General, may
determine that part of an amount
15 appropriated for an item in a Schedule to an
annual appropriation Act in respect of Court
Services Victoria may be transferred to, and
applied for the purposes of, another item in
that Schedule.
20 (2) The Courts Council must be of the opinion,
before making a determination under
subsection (1), that--
(a) the amount to be transferred from an
item is not required for the purposes of
25 that item; and
(b) the amount assigned to the item to
which the amount is to be transferred is
insufficient for the purposes of that
item.
30 (3) The Courts Council must ensure that
particulars of a transfer under subsection (1)
are given to the Attorney-General and the
Minister administering this section as soon
as possible.".
571098B.I-29/10/2013 37 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 8--Consequential Amendments
s. 66
Division 3--Amendment of Audit Act 1994
66 Power to call for persons and documents
See: After section 11(3) of the Audit Act 1994
Act No.
2/1994. insert--
Reprint No. 6
5 as at "(4) The Auditor-General or a person authorised
11 February
2013.
by the Auditor General may not exercise a
LawToday: power under subsection (1) or (3) in relation
www.
legislation.
to--
vic.gov.au
(a) a person specified in clause 7 of
10 Schedule 2 to the Ombudsman Act
1973; or
(b) an appointed member of the Courts
Council, within the meaning of the
Court Services Victoria Act 2013.
15 Note
Subsection (4) does not preclude a person referred to
in paragraph (a) or (b) from voluntarily appearing
before the Auditor-General or a person authorised by
the Auditor-General and producing any documents in
20 his or her possession, custody or control.".
67 New section 11AA inserted
After section 11 of the Audit Act 1994 insert--
"11AA Body exercising judicial or quasi-judicial
functions
25 (1) Nothing in this Act authorises the Auditor-
General or a person authorised by the
Auditor General to conduct an audit of the
exercise by a body of a function that is of a
judicial or quasi-judicial nature.
30 (2) The conduct of an audit under this Act into
any matter relating to a body that exercises
functions that are of a judicial or quasi-
judicial nature must not in any way impede
the exercise by the body of those functions.".
571098B.I-29/10/2013 38 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 8--Consequential Amendments
s. 68
68 Offences
After section 14(1) of the Audit Act 1994
insert--
"(1A) Subsection (1) does not apply to a person
5 referred to in section 11(4), to whom a
request has been made to appear before the
Auditor-General or a person authorised
under section 11 or to produce any
documents or answer any questions.
10 Note
Under section 11(4) the Auditor-General or a person
authorised by the Auditor-General under section 11 is
not empowered to require the attendance of a person
specified in section 11(4)(a) or (b) or the production
15 of documents in the possession, custody or control of
that person or examine the person upon oath.
The person may be requested to attend, produce
documents and answer questions on a voluntary basis
only.".
20 Division 4--Amendment of Freedom of Information
Act 1982
69 Definitions
In section 5(1) of the Freedom of Information See:
Act No.
Act 1982-- 9859.
Reprint No. 8
25 (a) in the definition of principal officer, after as at
1 December
paragraph (b)(i) insert-- 2012
and
"(ia) in the case of Court Services Victoria-- amending
the person holding the office or Act No.
82/2012.
performing the duties of the Chief LawToday:
30 Executive Officer of Court Services www.
legislation.
Victoria; or"; vic.gov.au
571098B.I-29/10/2013 39 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 8--Consequential Amendments
s. 70
(b) insert the following definition--
"Court Services Victoria means Court
Services Victoria established under
section 5 of the Court Services
5 Victoria Act 2013;".
70 New section 29B inserted
After section 29A of the Freedom of
Information Act 1982 insert--
"29B Documents of Court Services Victoria
10 A document is an exempt document if it is a
document of Court Services Victoria that
relates to the exercise of a judicial or quasi-
judicial function of a court or VCAT.".
Division 5--Amendment of Independent Broad-based
15 Anti-corruption Commission Act 2011
71 Definitions of public body, public officer and public
sector
See: For section 6(2)(h) of the Independent Broad-
Act No.
66/2011. based Anti-corruption Commission Act 2011
20 Reprint No. 1
as at
substitute--
11 February
2013
"(h) a judicial member of the Courts Council
and within the meaning of the Court Services
amending
Acts Nos
Victoria Act 2013;
66/2011,
79/2012, (i) a court.".
5/2013 and
28/2013.
LawToday:
www.
legislation.
vic.gov.au
571098B.I-29/10/2013 40 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 8--Consequential Amendments
s. 72
Division 6--Amendment of Ombudsman Act 1973
72 Definitions
In section 2(1) of the Ombudsman Act 1973-- See:
Act No.
8414.
(a) in the definition of authority, after Reprint No. 9
5 paragraph (b) insert-- as at
11 February
"(ba) Court Services Victoria;"; 2013
and
(b) in the definition of principal officer, after amending
Act No.
paragraph (b) insert-- 5/2013.
LawToday:
"(ba) in relation to Court Services Victoria, www.
10 the Chief Executive Officer within the legislation.
vic.gov.au
meaning of the Court Services
Victoria Act 2013;";
(c) in the definition of responsible Minister,
after paragraph (b) insert--
15 "(ba) in relation to Court Services Victoria,
the Attorney-General;";
(d) insert the following definition--
"Court Services Victoria means Court
Services Victoria established under
20 section 5 of the Court Services
Victoria Act 2013;".
73 New section 13AC inserted
After section 13AB of the Ombudsman Act 1973
insert--
25 "13AC Court Services Victoria
(1) Despite anything to the contrary in
Schedule 2, Court Services Victoria is not an
exempt body.
(2) In exercising his or her functions or duties or
30 exercising his or her powers in relation to
Court Services Victoria, the Ombudsman
must not--
571098B.I-29/10/2013 41 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 8--Consequential Amendments
s. 73
(a) interfere with the exercise of the
jurisdiction of a court or VCAT; or
(b) direct a court or VCAT as to the
manner or outcome of the exercise of
5 its judicial function in any particular
case or any other judicial or quasi-
judicial function.
(3) The Ombudsman or a member of
Ombudsman staff must not, pursuant to
10 section 21, enter a court or tribunal hearing
room in the course of the hearing of a matter,
except with the agreement of the presiding
judicial officer.
(4) The Ombudsman or a member of
15 Ombudsman staff must not require a member
of the Courts Council or a member of the
staff of Court Services Victoria--
(a) to provide any information (including
answering any question); or
20 (b) to produce any document--
to the extent that the information or
document relates to the exercise of a judicial
or quasi-judicial function by the member of
the Courts Council, the member of the staff
25 of Court Services Victoria or anyone else
whether in any particular case or otherwise.
(5) In this section--
Courts Council means the Courts Council
established under section 10 of the
30 Court Services Victoria Act 2013;
member of the staff, of Court Services
Victoria has the same meaning as it has
in section 3 of the Court Services
Victoria Act 2013.".
571098B.I-29/10/2013 42 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 8--Consequential Amendments
s. 74
74 Amendment of Schedule 2
After clause 7(m) of Schedule 2 to the
Ombudsman Act 1973 insert--
"(ma) any other member of the staff of a registrar
5 or office of a court, to the extent that his or
her functions relate to a judicial or quasi-
judicial function of the court;".
Division 7--Amendment of other Acts
75 Amendment of section 17 of Magistrates' Court See:
10 Act 1989 Act No.
51/1989.
Section 17(1A) and (1B) of the Magistrates' Reprint No. 17
as at
Court Act 1989 are repealed. 1 May 2013
and
amending
Act Nos
51/1989,
51/2006,
12/2010,
30/2013,
31/2013,
32/2013,
56/2013 and
58/2013.
LawToday:
www.
legislation.
vic.gov.au
76 Repeal of section 136A of Magistrates' Court
Act 1989
15 Section 136A of the Magistrates' Court Act
1989 is repealed.
571098B.I-29/10/2013 43 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 8--Consequential Amendments
s. 77
See: 77 Amendment of section 97 of Coroners Act 2008
Act No.
77/2008. (1) Section 97(1)(a) of the Coroners Act 2008 is
Reprint No. 1 repealed.
as at
21 July 2011
and
(2) Section 97(3) of the Coroners Act 2008 is
5 amending repealed.
Act Nos
52/2012,
83/2012,
5/2013,
52/2013 and
58/2013.
LawToday:
www.
legislation.
vic.gov.au
See: 78 Amendment of section 106 of Supreme Court
Act No.
110/1986. Act 1986
Reprint No. 7
as at In section 106(a) of the Supreme Court Act 1986
1 January
2011
omit "a chief executive officer,".
and
amending
Act Nos
110/1986,
50/2011,
26/2012,
68/2012,
80/2012,
5/2013 and
58/2013.
LawToday:
www.
legislation.
vic.gov.au
571098B.I-29/10/2013 44 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Part 8--Consequential Amendments
s. 79
79 Amendment of section 32 of the Victorian Civil and See:
Administrative Tribunal Act 1998 Act No.
53/1998.
Section 32(1)(b) of the Victorian Civil and Reprint No. 8
as at
Administrative Tribunal Act 1998 is repealed. 24 January
2013
and
amending
Act Nos
11/2010,
83/2012,
5/2013,
19/2013,
34/2013 and
58/2013.
LawToday:
www.
legislation.
vic.gov.au
5 Division 8--Repeal
80 Repeal of Part
This Part is repealed on the day after the first
anniversary of the date on which it comes into
operation.
10 Note
The repeal of this Part does not affect the continuing operation of
the amendments made by this Part (see section 15(1) of the
Interpretation of Legislation Act 1984).
571098B.I-29/10/2013 45 BILL LA INTRODUCTION 29/10/2013
Court Services Victoria Bill 2013
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571098B.I-29/10/2013 46 BILL LA INTRODUCTION 29/10/2013
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