Courts Legislation Amendment (Judicial Officers)
Act 2013
No.
of 2013
TABLE OF PROVISIONS
Clause
Page
PART 1—PRELIMINARY
1
2
1
Purposes
Commencement
1
2
PART 2—RESERVE JUDGES, RESERVE ASSOCIATE
JUDGES, RESERVE MAGISTRATES AND RESERVE
CORONERS
3
Division 1—Amendment of the Constitution Act 1975
3
3
4
5
6
7
8
9
10
11
12
13
14
15
Definitions
Divisions of the Court
Seniority
Appointment of reserve Judges
Cessation of office
Section 81B amended
Engaging in legal practice or other paid employment
Remuneration and entitlements of reserve Judge
New section 81GA inserted
81GA Power to complete matters—Judges of the Court
and reserve Judges
New section 81J inserted
81J
Transitional provision—Courts Legislation
Amendment (Judicial Officers) Act 2013
New sections 83B and 83C inserted
83B
Remuneration and allowances of reserve Associate
Judges
83C
Appropriation of certain amounts in relation to
reserve Associate Judges
Judges not to hold any other place of profit
Section 87 amended
i
3
3
4
4
4
4
5
5
7
7
10
10
10
10
14
14
15
Clause
Page
Division 2—Amendment of the Supreme Court Act 1986
16
17
18
19
20
21
22
23
24
25
Definitions
Business to be disposed of by Trial Division constituted by a
Judge of the Court or by an Associate Judge
Manner of making Rules
Council of Judges
Professional development and training
Heading to Division 1 of Part 7 amended
Pension entitlements of Associate Judges, their partners and
children
Acting Senior Master
New Division 1A inserted into Part 7
15
Division 1A—Reserve Associate Judges
17
105B
105C
105D
17
18
Appointment of reserve Associate Judges
Cessation of office
Chief Justice may engage reserve Associate Judge
to undertake duties of Associate Judge
105E Powers, jurisdiction, immunities and protection of
reserve Associate Judge
105F Pension rights and service not affected by being a
reserve Associate Judge
105G Engaging in legal practice or other paid employment
105H Power to complete matters—Associate Judges and
reserve Associate Judges
105I
Constitution of Court in certain circumstances
Division 1B heading inserted in Part 7
Division 3—Amendment of the County Court Act 1958
26
27
28
29
30
31
32
33
34
35
36
15
Definitions
Appointment of reserve judges
Cessation of office
Section 12B amended
Engaging in legal practice or other paid employment
Remuneration and entitlements of reserve judge
New section 12H inserted
12H
Power to complete matters—judges and reserve
judges
Judges not to engage in legal practice or sit in Parliament
Section 15 amended
Professional development and training
Pension entitlements of associate judges, their partners and
children
ii
16
16
16
16
16
16
17
17
18
19
19
20
20
23
23
23
23
24
24
24
25
25
26
26
28
28
29
29
Clause
37
38
39
Page
New Division 3AB inserted into Part I
30
Division 3AB—Reserve associate judges
30
17KA Appointment of reserve associate judges
17KB Cessation of office
17KC Chief Judge may engage reserve associate judge to
undertake duties of associate judge
17KD Powers, jurisdiction, immunities and protection of
reserve associate judge
17KE Pension rights and service not affected by being a
reserve associate judge
17KF Engaging in legal practice or other paid employment
17KG Remuneration and allowances of reserve associate
judges
17KH Appropriation of certain amounts in relation to
reserve associate judges
17KI Power to complete matters—associate judges and
reserve associate judges
Power to make rules of practice
New section 99 inserted
99
Transitional provision—Courts Legislation
Amendment (Judicial Officers) Act 2013
30
30
Division 4—Amendment of the Magistrates' Court Act 1989
40
41
42
43
44
45
46
47
48
Definitions
Appointment of reserve magistrates
Cessation of office
Section 9C amended
New section 9EA inserted
9EA
Power to complete matters—magistrates and
reserve magistrates
Engaging in legal practice or other paid employment
New section 16AB inserted
16AB Constitution of Court if magistrate unable to
continue and constitution of Court in certain
circumstances
Remuneration and entitlements of reserve magistrate
New clause 51A of Schedule 8 inserted
51A
Transitional provision—Courts Legislation
Amendment (Judicial Officers) Act 2013
iii
31
32
32
32
33
35
36
39
39
39
39
39
40
40
40
41
41
43
44
44
45
45
45
Clause
Page
Division 5—Amendment of the Coroners Act 2008
49
50
51
Definitions
State Coroner
New Division 1B of Part 8 inserted
46
46
46
Division 1B—Reserve coroners
46
102L
102M
102N
46
47
102O
102P
102Q
102R
102S
Appointment of reserve coroners
Cessation of office
State Coroner may engage reserve coroner to
undertake duties of coroner
Powers, jurisdiction, immunities and protection of
reserve coroner
Engaging in legal practice or other paid employment
Remuneration and allowances of reserve coroners
Appropriation of certain amounts in relation to
reserve coroners
Power to complete matters—coroners and reserve
coroners
Division 6—Amendment of the Children, Youth and Families
Act 2005
52
53
46
Definitions
President
47
48
48
49
52
52
55
55
55
PART 3—AMENDMENTS RELATING TO PART-TIME
JUDICIAL SERVICE
57
Division 1—Amendment of the Constitution Act 1975
57
54
55
56
57
58
59
Definitions
Definitions relating to pensions
New sections 75C to 75F inserted
75C
Entry into part-time service arrangement
75D
Variation of part-time service arrangement
75E
Suspension of part-time service arrangement
75F
Termination of part-time service arrangement
Salaries, allowances and pensions of Judges of the Supreme
Court
As to pensions of Judges of the Supreme Court and their
partners and children
New section 83AAA inserted
83AAA Effect of part-time service arrangement on judicial
pensions
iv
57
57
57
57
58
59
59
60
61
61
61
Clause
60
61
Page
Salaries of Associate Judges
New section 84A inserted
84A
Judges serving under part-time service arrangement
not to engage in legal practice or other paid
employment
Division 2—Amendment of the Supreme Court Act 1986
62
63
64
Definitions
New section 104AB inserted
104AB Effect of part-time service arrangement on pensions
of Associate Judges
New sections 104JA to 104JD inserted
104JA Entry into part-time service arrangement
104JB Variation of part-time service arrangement
104JC Termination of part-time service arrangement
104JD Associate Judges serving under part-time service
arrangement not to engage in legal practice or other
paid employment
Division 3—Amendment of the County Court Act 1958
65
66
67
68
69
70
71
72
73
Definitions
Definitions relating to pensions
New sections 8A to 8D inserted
8A
Entry into part-time service arrangement
8B
Variation of part-time service arrangement
8C
Suspension of part-time service arrangement
8D
Termination of part-time service arrangement
Salaries and allowances of the Chief Judge and other judges
New section 13A inserted
13A
Judges and associate judges serving under part-time
service arrangement not to engage in legal practice
or other paid employment
Provision for pensions to County Court judges and their
partners
New section 14AAA inserted
14AAA Effect of part-time service arrangement on judicial
pensions
Salaries and allowances of associate judges
New section 17BA inserted
17BA Effect of part-time service arrangement on pensions
of associate judges
v
63
63
63
64
64
64
64
67
67
68
68
68
69
69
69
70
70
71
71
72
72
73
73
73
74
74
76
76
76
Clause
Page
Division 4—Amendment of the Magistrates' Court Act 1989
74
75
76
77
78
79
Definitions
Appointment of magistrates
New sections 7A to 7D inserted
7A
Entry into part-time service arrangement
7B
Variation of part-time service arrangement
7C
Suspension of part-time service arrangement
7D
Termination of part-time service arrangement
Assignment of duties
Salaries and allowances of magistrates
New clause 51B of Schedule 8 inserted
51B
Transitional provision—Courts Legislation
Amendment (Judicial Officers) Act 2013—
part-time magistrates
PART 4—AMENDMENT OF THE VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998
80
New section 17AA inserted—Victorian Civil and
Administrative Tribunal Act 1998
17AA Appropriation of certain amounts in relation to
non judicial members
78
78
78
79
79
80
81
81
82
82
82
82
84
84
84
PART 5—CONSEQUENTIAL AMENDMENTS AND OTHER
AMENDMENTS
85
Division 1—Children, Youth and Families Act 2005
85
81
New section 513A inserted
513A Constitution of Court if magistrate unable to continue
Division 2—Coroners Act 2008
82
83
84
85
85
Definitions
Section 94 amended
Delegation from the State Coroner to a registrar
New section 101A inserted
101A Constitution of Coroners Court if coroner unable to
continue and constitution of Coroners Court in
certain circumstances
Division 3—Independent Broad-based Anti-corruption
Commission Act 2011
86
Definitions
85
85
86
86
86
87
87
Division 4—Judicial Remuneration Tribunal Act 1995
87
85
85
Definitions
87
87
vi
Clause
Page
Division 5—Judicial Salaries Act 2004
88
89
90
91
92
Definitions
Salaries of other judicial officers and remuneration of acting
magistrates (2004 to 2005)
Salaries of other judicial officers and remuneration of reserve
magistrates (2005 onwards)
Allowances of judicial officers
Transitional—remuneration of acting magistrates before
1 May 2005
Division 6—Ombudsman Act 1973
93
94
Definitions—Ombudsman Act 1973
Exempt persons and bodies—Schedule 2 to the Ombudsman
Act 1973
Definitions
Public Administration Act 2004—Schedule 1A
PART 6—REPEAL OF AMENDING ACT
97
88
89
90
90
91
91
92
92
Division 8—Public Administration Act 2004
96
88
91
Division 7—Protected Disclosure Act 2012
95
88
Repeal of amending Act
═══════════════
ENDNOTES
92
92
93
93
94
vii
Courts Legislation Amendment
(Judicial Officers) Act 2013†
No.
of 2013
[Assented to
]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to amend the Constitution Act 1975, the
Supreme Court Act 1986, the County
Court Act 1958 and the Magistrates' Court
Act 1989 to provide for part-time judicial
service; and
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Courts Legislation Amendment (Judicial Officers) Act 2013
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of 2013
s. 2
Part 1—Preliminary
(b) to provide for the office of reserve associate
judge and reserve coroner and to further
provide for reserve judges and reserve
magistrates; and
(c) to amend the Victorian Civil and
Administrative Tribunal Act 1998 in
relation to the remuneration of non-judicial
members; and
(d) to make consequential amendments to other
Acts.
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 February 2014, it comes into
operation on that day.
__________________
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Reserve Coroners
s. 3
PART 2—RESERVE JUDGES, RESERVE ASSOCIATE
JUDGES, RESERVE MAGISTRATES AND RESERVE
CORONERS
Division 1—Amendment of the Constitution Act 1975
3 Definitions
In section 5 of the Constitution Act 1975—
(a) insert the following definition—
"reserve Associate Judge has the same
meaning as it has in the Supreme
Court Act 1986;";
(b) in the definition of Associate Judge after
"75(4)" insert "and, subject to this Act, and
unless the context otherwise requires, in
Part III includes a reserve Associate Judge
engaged under section 105D of the Supreme
Court Act 1986 to undertake the duties of an
Associate Judge during any period of
engagement or acting under section 105H of
that Act";
(c) in the definition of Judge of the Court after
"engagement" insert "or acting under
section 81GA".
4 Divisions of the Court
(1) In section 75A(6) of the Constitution Act 1975,
after "section 81B" insert "or taken to be engaged
under section 81GA".
(2) After section 75A(6) of the Constitution Act
1975 insert—
'(7) For the avoidance of doubt, in subsection
(3)(b) "Judges of the Court" includes any
reserve Judge engaged under section 81B to
undertake the duties of a Judge of the Court
during any period of engagement or acting
under section 81GA.'.
3
See:
Act No.
8750.
Reprint No. 20
as at
13 October
2011
and
amending
Act Nos
8750, 5/2013,
28/2013 and
37/2013.
LawToday:
www.
legislation.
vic.gov.au
Courts Legislation Amendment (Judicial Officers) Act 2013
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of 2013
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Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and
Reserve Coroners
5 Seniority
In section 78B(5) of the Constitution Act 1975
after "section 81B" insert "or reserve Associate
Judge engaged under section 105D of the
Supreme Court Act 1986".
6 Appointment of reserve Judges
In section 81(2)(a) of the Constitution Act 1975
for "75" substitute "78".
7 Cessation of office
(1) In section 81A(1)(b) of the Constitution Act
1975 for "75" substitute "78".
(2) After section 81A(1) of the Constitution Act
1975 insert—
"(1A) A reserve Judge may resign by sending his
or her resignation in writing to the
Governor.".
8 Section 81B amended
(1) In the heading to section 81B of the Constitution
Act 1975 for "Attorney-General" substitute
"Chief Justice".
(2) In section 81B(1) of the Constitution Act 1975
for "Attorney-General" substitute "Chief Justice".
(3) In section 81B(3) of the Constitution Act 1975—
(a) for "Attorney-General" substitute "Chief
Justice";
(b) after "subsection (1)" insert ", other than
with the consent of the reserve Judge".
(4) After section 81B(3) of the Constitution Act
1975 insert—
"(4) An engagement under subsection (1) must
not exceed 6 months.
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(5) For the purpose of deciding whether, when,
or on what basis to engage a reserve Judge to
undertake duties, the Chief Justice may
request the reserve Judge to provide any
information that the Chief Justice considers
may be relevant to enable a decision to
engage to be made.".
9 Engaging in legal practice or other paid
employment
(1) In section 81E of the Constitution Act 1975—
(a) for "Attorney-General" substitute "Chief
Justice";
(b) after "section 81B" insert "or acting under
section 81GA".
(2) At the end of section 81E of the Constitution Act
1975 insert—
"(2) Except with the approval of the Chief
Justice, a reserve Judge must not hold an
office in any company, trustee company,
incorporated association or other entity,
whether public or private, in respect of
which the reserve Judge receives
remuneration while engaged to undertake the
duties of a Judge under section 81B or acting
under section 81GA.
(3) This section is in addition to the
requirements of section 84.".
10 Remuneration and entitlements of reserve Judge
(1) For section 81F(1) of the Constitution Act 1975
substitute—
"(1) Subject to subsection (2), each reserve Judge
engaged to undertake the duties of a Judge of
the Court on a full time basis under
section 81B must be paid a salary in
accordance with the rate for the time being
5
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Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and
Reserve Coroners
applicable under the Judicial Salaries Act
2004—
(a) to the holder of the office of Judge of
Appeal other than on a reserve basis
(other than the Chief Justice or the
President of the Court of Appeal) if the
reserve Judge—
(i) was a Judge of Appeal
immediately before his or her
commission ceased under
section 77(4)(a), (b), (c), (d)
or (e); or
(ii) is engaged under section 81B to
undertake the duties of a Judge of
Appeal;
(b) to the holder of the office of Supreme
Court Judge within the meaning of that
Act other than on a reserve basis, in any
other case.".
(2) For section 81F(3) of the Constitution Act 1975
substitute—
"(3) Subject to subsection (4), each reserve Judge
engaged to undertake the duties of a Judge of
the Court on a sessional basis under
section 81B must be paid the sessional rate
for the time being applicable under the
Judicial Salaries Act 2004—
(a) to the holder of the office of Judge of
Appeal other than on a reserve basis
(other than the Chief Justice or the
President of the Court of Appeal) if the
reserve Judge—
(i) was a Judge of Appeal
immediately before his or her
commission ceased under
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section 77(4)(a), (b), (c), (d)
or (e); or
(ii) is engaged under section 81B to
undertake the duties of a Judge of
Appeal;
(b) to the holder of the office of Supreme
Court Judge within the meaning of that
Act other than on a reserve basis, in any
other case.".
(3) After section 81F(9) of the Constitution Act 1975
insert—
"(9A) Despite subsections (1) and (3), a reserve
Judge who is also a serving judge of a court
of another State, the Northern Territory or
the Australian Capital Territory or of the
Commonwealth is not entitled to be paid a
salary under this section if that person
receives a salary in relation to his or her
office in that other State or Territory or the
Commonwealth.".
11 New section 81GA inserted
After section 81G of the Constitution Act 1975
insert—
"81GA Power to complete matters—Judges of the
Court and reserve Judges
(1) This section applies to—
(a) a Judge of the Court whose commission
under section 77 ceases under
section 77(4)(a), (b), (c), (d) or (e);
(b) a reserve Judge engaged under
section 81B whose engagement expires;
(c) a reserve Judge engaged under
section 81B—
(i) whose engagement expires; and
7
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Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and
Reserve Coroners
(ii) whose appointment as a reserve
Judge ceases, other than by way of
resignation—
but only if at the time of that cessation or
expiry the Judge of the Court or reserve
Judge had a matter—
(d) that was part-heard before him or her;
or
(e) in respect of which his or her decision
or determination is pending.
(2) Subject to subsection (4), a former Judge of
the Court, reserve Judge or former reserve
Judge to whom this section applies may give
judgment, make any order or complete or
otherwise continue to deal with any matters
relating to any proceeding that the former
Judge of the Court, reserve Judge or former
reserve Judge (as the case may be) had
heard, or partly heard, before the cessation of
his or her commission or expiry of his or her
engagement.
(3) For the purposes of subsection (2)—
(a) a reserve Judge to whom this section
applies whose engagement has expired
is taken to be engaged under
section 81B; and
(b) a former Judge of the Court or former
reserve Judge to whom this section
applies—
(i) holds office as a reserve Judge by
virtue of this section as if he or
she had been appointed under
section 81; and
(ii) is taken to be a reserve Judge
engaged under section 81B; and
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(c) section 81F does not apply and that
person is not entitled to remuneration
and entitlements under that section for
the period during which he or she is
acting in accordance with subsection
(2) after the cessation of his or her
commission or appointment or the
expiry of his or her engagement, as the
case requires; and
(d) the person may continue to serve as a
reserve Judge for the purposes of
subsection (2) despite having attained
the age of 78 years.
(4) Subject to subsection (5), any appointment or
engagement of a person under this section
ceases on the earlier of—
(a) the completion of the matters referred
to in subsection (2); or
(b) 6 months from the date of that
appointment or engagement; or
(c) the person being appointed under
section 81 as a reserve Judge.
(5) A person to whom this section applies may
resign his or her office as reserve Judge
under this section by notice in writing to the
Governor.
(6) Nothing in this section prevents a person
being appointed as a reserve Judge under
section 81 at any time, if he or she is eligible
to be so appointed.
(7) Nothing in this section affects the operation
of section 87 or of section 15 of the
Supreme Court Act 1986.".
9
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Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and
Reserve Coroners
12 New section 81J inserted
After section 81I of the Constitution Act 1975
insert—
"81J Transitional provision—Courts
Legislation Amendment (Judicial
Officers) Act 2013
A reserve Judge currently engaged by the
Attorney-General under section 81B as in
force immediately before the amendment of
that section by the Courts Legislation
Amendment (Judicial Officers) Act 2013 is
taken to have been engaged by the Chief
Justice under section 81B as amended by that
Act and his or her engagement continues and
has effect accordingly.".
13 New sections 83B and 83C inserted
After section 83A of the Constitution Act 1975
insert—
"83B Remuneration and allowances of reserve
Associate Judges
(1) Subject to subsection (2), each reserve
Associate Judge engaged to undertake the
duties of an Associate Judge on a full time
basis under section 105D of the Supreme
Court Act 1986 must be paid a salary in
accordance with the rate for the time being
applicable under the Judicial Salaries Act
2004—
(a) to the holder of the office of Senior
Master of the Supreme Court other than
on a reserve basis if the reserve
Associate Judge—
(i) was the Senior Master
immediately before he or she
retired or resigned; or
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(ii) is engaged under section 105D of
the Supreme Court Act 1986 to
undertake the duties of the Senior
Master;
(b) to a General Supreme Court Master
within the meaning of that Act, in any
other case.
(2) If a reserve Associate Judge who is engaged
to undertake the duties of an Associate Judge
on a full time basis under section 105D of
the Supreme Court Act 1986 is entitled
to—
(a) a non-contributory pension under a
relevant Act within the meaning of
section 16A of the State
Superannuation Act 1988; or
(b) because he or she has held a public
office in another jurisdiction, a noncontributory pension under any other
law—
the amount of pension to which the reserve
Associate Judge is entitled must be deducted
from the salary payable to that reserve
Associate Judge under subsection (1).
(3) Subject to subsection (4), each reserve
Associate Judge engaged to undertake the
duties of an Associate Judge on a sessional
basis under section 105D of the Supreme
Court Act 1986 must be paid the sessional
rate for the time being applicable under the
Judicial Salaries Act 2004—
(a) to the holder of the office of Senior
Master if the reserve Associate Judge—
(i) was the Senior Master
immediately before he or she
retired or resigned; or
11
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Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and
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(ii) is engaged under section 105D of
the Supreme Court Act 1986 to
undertake the duties of the Senior
Master;
(b) to a General Supreme Court Master
within the meaning of that Act, in any
other case.
(4) A reserve Associate Judge engaged to
undertake the duties of an Associate Judge
on a sessional basis under section 105D of
the Supreme Court Act 1986 who is
entitled to—
(a) a non-contributory pension under a
relevant Act within the meaning of
section 16A of the State
Superannuation Act 1988; or
(b) because he or she has held a public
office in another jurisdiction, a noncontributory pension under any other
law—
must be paid a salary calculated in
accordance with the following formula—
 P 
S

 235 
where—
S means the sessional rate for the time
being applicable under the Judicial
Salaries Act 2004 to the reserve
Associate Judge;
P means the annual pension to which the
reserve Associate Judge is entitled that
is referred to in paragraph (a) or (b).
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(5) Each reserve Associate Judge shall be paid
allowances at the rate or amount or of the
kind as are for the time being applicable
under the Judicial Salaries Act 2004.
(6) A reserve Associate Judge, by notice in
writing to the Attorney-General, may enter
into an arrangement under which the reserve
Associate Judge agrees to receive the whole
or part of his or her total amount of future
salary (whether or not payable at a sessional
rate) as non-salary benefits of an equivalent
value.
(7) The notice under subsection (6) must specify
a date from which the arrangement is to take
effect which must be—
(a) the date on which the notice is given; or
(b) a later date.
(8) A reserve Associate Judge may vary or
revoke a notice he or she has given under
subsection (6) by notice in writing to the
Attorney-General.
(9) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be—
(a) the date on which the notice is given; or
(b) a later date.
(10) Despite subsections (1) and (3), a reserve
Associate Judge who is also a serving
associate judge or a master (however
designated) of a court of another State, the
Northern Territory or the Australian Capital
Territory or of the Commonwealth is not
entitled to be paid a salary under this section
if that person receives a salary in relation to
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Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and
Reserve Coroners
his or her office in that other State or
Territory or the Commonwealth.
(11) In subsection (6) and section 83C, nonsalary benefits has the same meaning as it
has in clause 3(5) of Schedule 1A to the
Public Administration Act 2004.
83C Appropriation of certain amounts in
relation to reserve Associate Judges
The following are to be paid out of the
Consolidated Fund, which is appropriated to
the necessary extent—
(a) the amounts (including the amount of
any non-salary benefits) payable to or
for reserve Associate Judges; and
(b) premiums and other amounts payable
under the Accident Compensation
(WorkCover Insurance) Act 1993 in
respect of any reserve Associate Judge;
and
(c) payroll tax payable under the Payroll
Tax Act 2007 in respect of wages paid
or payable to any reserve Associate
Judge; and
(d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
any reserve Associate Judge; and
(e) superannuation contributions within the
meaning of the Payroll Tax Act 2007
payable in respect of any reserve
Associate Judge.".
14 Judges not to hold any other place of profit
Section 84(6) of the Constitution Act 1975 is
repealed.
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15 Section 87 amended
(1) Insert the following heading to section 87 of the
Constitution Act 1975—
"Exercise of jurisdiction if jurisdiction
conferred on other bodies and constitution of
Court in certain circumstances".
(2) After section 87(2) of the Constitution Act 1975
insert—
"(3) For the avoidance of doubt, for the purpose
of completion of any matter under
section 81GA or otherwise, the Court may be
constituted or continue to be constituted by a
reserve Judge who is a Judge of the Court
without reconstitution of the Court despite
any interruption in continuity of his or her
tenure, appointment or engagement.".
Division 2—Amendment of the Supreme Court Act 1986
16 Definitions
In section 3(1) of the Supreme Court Act 1986—
(a) insert the following definition—
"reserve Associate Judge means a person
appointed under section 105B;";
(b) in the definition of Associate Judge after
"1975" insert "and, subject to this Act, and
unless the context otherwise requires,
includes a reserve Associate Judge engaged
under section 105D to perform the duties of
an Associate Judge during any period of
engagement or acting under section 105H";
(c) in the definition of Judge of the Court after
"engagement" insert "or acting under
section 81GA of that Act".
15
See:
Act No.
110/1986.
Reprint No. 7
as at
1 January
2011
and
amending
Act Nos
50/2011,
26/2012,
68/2012,
80/2012 and
5/2013.
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www.
legislation.
vic.gov.au
Courts Legislation Amendment (Judicial Officers) Act 2013
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Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and
Reserve Coroners
17 Business to be disposed of by Trial Division
constituted by a Judge of the Court or by an
Associate Judge
Section 17(4) of the Supreme Court Act 1986 is
repealed.
18 Manner of making Rules
In section 26 of the Supreme Court Act 1986, for
"or any Associate Judge" substitute ", Associate
Judge or reserve Associate Judge".
19 Council of Judges
In section 28(4) of the Supreme Court Act 1986,
for "or any" substitute ", Associate Judge or
reserve".
20 Professional development and training
In section 28A(1) of the Supreme Court Act
1986, in paragraph (b) of the definition of judicial
officer, after "Associate Judge" insert ", including
a reserve Associate Judge".
21 Heading to Division 1 of Part 7 amended
In the heading to Division 1 of Part 7 of the
Supreme Court Act 1986, after "Appointments"
insert "of Associate Judges".
22 Pension entitlements of Associate Judges, their
partners and children
At the foot of section 104A(1) of the Supreme
Court Act 1986 insert—
"Note
See sections 105B and 105F as to pension entitlements and
appointment as a reserve Associate Judge.".
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23 Acting Senior Master
After section 105A(2) of the Supreme Court Act
1986 insert—
'(3) In this section a reference to "Associate
Judge" does not include a reserve Associate
Judge.'.
24 New Division 1A inserted into Part 7
After section 105A of the Supreme Court Act
1986 insert—
"Division 1A—Reserve Associate Judges
105B Appointment of reserve Associate Judges
(1) The Governor in Council may appoint as
many reserve Associate Judges as are
necessary for transacting the business of the
Court.
(2) A person is not eligible for appointment as a
reserve Associate Judge unless he or she—
(a) has not attained the age of 78 years; and
(b) is, or has been—
(i) an Associate Judge of the Court or
a Master of the Court; or
(ii) an associate judge or a master
(however designated) of the
Federal Court of Australia; or
(iii) an associate judge or a master
(however designated) of the
Supreme Court of another State or
of the Northern Territory or the
Australian Capital Territory.
(3) The instrument of appointment of a person as
a reserve Associate Judge must specify the
terms and conditions of appointment.
17
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(4) A reserve Associate Judge is eligible for
re-appointment as a reserve Associate Judge.
105C Cessation of office
(1) A reserve Associate Judge ceases to hold
office on the earlier of—
(a) the end of 5 years from the date of his
or her appointment as a reserve
Associate Judge; or
(b) attaining the age of 78 years.
(2) A reserve Associate Judge may resign by
sending his or her resignation in writing to
the Governor.
(3) A reserve Associate Judge may only be
removed from office in the same way and on
the same grounds as an Associate Judge is
liable to be removed from office.
105D Chief Justice may engage reserve
Associate Judge to undertake duties of
Associate Judge
(1) The Chief Justice may, from time to time, by
notice in writing, engage a reserve Associate
Judge to undertake the duties of an Associate
Judge—
(a) on a full time basis; or
(b) on a sessional basis.
(2) Without limiting subsection (1), an
engagement under that subsection—
(a) may specify the duties that a reserve
Associate Judge is to undertake,
including duties of the Associate Judge
who is the Senior Master; and
(b) must specify the period of the
engagement.
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(3) The Chief Justice does not have the power
to revoke or amend a notice of engagement
under subsection (1), other than with the
consent of the reserve Associate Judge.
(4) An engagement under subsection (1) must
not exceed 6 months.
(5) For the purpose of deciding whether, when,
or on what basis to engage a reserve
Associate Judge to undertake duties, the
Chief Justice may request the reserve
Associate Judge to provide any information
that the Chief Justice considers may be
relevant to enable a decision to engage to be
made.
105E Powers, jurisdiction, immunities and
protection of reserve Associate Judge
Subject to this Act and the Constitution Act
1975, a reserve Associate Judge has the same
powers, jurisdiction, immunities and
protection as an Associate Judge when
undertaking the duties of an Associate Judge
in accordance with an engagement under
section 105D.
105F Pension rights and service not affected by
being a reserve Associate Judge
(1) Service as a reserve Associate Judge does
not count as service in the office of
Associate Judge for the purposes of
section 104A or in the office of Judge of the
Court for the purposes of section 83 of the
Constitution Act 1975.
(2) Despite section 104A(7), appointment as a
reserve Associate Judge does not affect the
right of an Associate Judge to a pension
under section 104A.
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105G Engaging in legal practice or other paid
employment
(1) Except with the approval of the Chief
Justice, a reserve Associate Judge must not
engage in legal practice, undertake paid
employment or conduct a business, trade or
profession of any kind while engaged to
undertake the duties of an Associate Judge
under section 105D or acting under
section 105H.
(2) Except with the approval of the Chief
Justice, a reserve Associate Judge must not
hold an office in any company, trustee
company, incorporated association or other
entity, whether public or private, in respect
of which the reserve Associate Judge
receives remuneration while engaged to
undertake the duties of an Associate Judge
under section 105D or acting under
section 105H.
105H Power to complete matters—Associate
Judges and reserve Associate Judges
(1) This section applies to—
(a) an Associate Judge whose appointment
under section 104 ceases under
section 104(7)(a) or (d);
(b) a reserve Associate Judge engaged
under section 105D whose engagement
expires;
(c) a reserve Associate Judge engaged
under section 105D—
(i) whose engagement expires; and
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(ii) whose appointment as a reserve
Associate Judge ceases, other than
by way of resignation—
but only if at the time of that cessation or
expiry the Associate Judge or reserve
Associate Judge had a matter—
(d) that was part-heard before him or her;
or
(e) in respect of which his or her decision
or determination is pending.
(2) Subject to subsection (4), a former Associate
Judge, reserve Associate Judge or former
reserve Associate Judge to whom this section
applies may give judgment, make any order
or complete or otherwise continue to deal
with any matters relating to any proceeding
that the former Associate Judge, reserve
Associate Judge or former reserve Associate
Judge (as the case may be) had heard, or
partly heard, before the cessation of his or
her appointment or the expiry of his or her
engagement.
(3) For the purposes of subsection (2)—
(a) a reserve Associate Judge to whom this
section applies whose engagement has
expired is taken to be engaged under
section 105D; and
(b) a former Associate Judge or former
reserve Associate Judge to whom this
section applies—
(i) holds office as a reserve Associate
Judge by virtue of this section as
if he or she had been appointed
under section 105B; and
21
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(ii) is taken to be a reserve Associate
Judge engaged under
section 105D; and
(c) section 83B of the Constitution Act
1975 does not apply and that person is
not entitled to remuneration and
entitlements under that section for the
period during which he or she is acting
in accordance with subsection (2) after
the cessation of his or her appointment
or the expiry of his or her engagement,
as the case requires; and
(d) the person may continue to serve as a
reserve Associate Judge for the
purposes of subsection (2) despite
having attained the age of 78 years.
(4) Subject to subsection (5), any appointment or
engagement of a person under this section
ceases on the earlier of—
(a) the completion of the matters referred
to in subsection (2); or
(b) 6 months from the date of that
appointment or engagement; or
(c) the person being appointed under
section 105B as a reserve Associate
Judge.
(5) A person to whom this section applies may
resign his or her office as reserve Associate
Judge under this section by notice in writing
to the Governor and upon acceptance of that
resignation, his or her appointment under this
section ceases.
(6) Nothing in this section prevents a person
being appointed as a reserve Associate Judge
under section 105B at any time, if he or she
is eligible to be so appointed.
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(7) Nothing in this section affects the operation
of section 87 of the Constitution Act 1975.
105I Constitution of Court in certain
circumstances
For the avoidance of doubt, for the purpose
of completion of any matter whether under
section 105H or otherwise, the Court may be
constituted or continue to be constituted by a
reserve Associate Judge who is an Associate
Judge without reconstitution of the Court
despite any interruption in continuity of his
or her tenure, appointment or engagement.".
25 Division 1B heading inserted in Part 7
Before section 106 of the Supreme Court Act
1986 insert—
"Division 1B—Appointments of other officers".
Division 3—Amendment of the County Court Act 1958
26 Definitions
In section 3(1) of the County Court Act 1958—
(a) in the definition of associate judge after
"17A" insert "and, subject to this Act, and
unless the context otherwise requires,
includes a reserve associate judge engaged
under section 17KC to perform the duties of
an associate judge during any period of
engagement or acting under section 17KI";
(b) in the definition of judge—
(i) after "engagement" insert "or acting
under section 12H";
(ii) after "associate judge" insert "or a
reserve associate judge";
23
See:
Act No.
6230/1958.
Reprint No. 15
as at
1 May 2013
and
amending
Act Nos
6230 and
28/2013.
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legislation.
vic.gov.au
Courts Legislation Amendment (Judicial Officers) Act 2013
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Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and
Reserve Coroners
(c) insert the following definition—
"reserve associate judge means a person
appointed under section 17KA;".
27 Appointment of reserve judges
In section 12(2)(a) of the County Court Act 1958
for "75" substitute "78".
28 Cessation of office
(1) In section 12A(1)(b) of the County Court Act
1958 for "75" substitute "78".
(2) After section 12A(1) of the County Court Act
1958 insert—
"(1A) A reserve judge may resign by sending his or
her resignation in writing to the Governor.".
29 Section 12B amended
(1) In the heading to section 12B of the County
Court Act 1958 for "Attorney-General"
substitute "Chief Judge".
(2) In section 12B(1) of the County Court Act 1958
for "Attorney-General" substitute "Chief Judge".
(3) In section 12B(3) of the County Court Act
1958—
(a) for "Attorney-General" substitute "Chief
Judge";
(b) after "subsection (1)" insert ", other than
with the consent of the reserve judge".
(4) After section 12B(3) of the County Court Act
1958 insert—
"(4) An engagement under subsection (1) must
not exceed 6 months.
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(5) For the purpose of deciding whether, when,
or on what basis to engage a reserve judge to
undertake duties, the Chief Judge may
request the reserve judge to provide any
information that the Chief Judge considers
may be relevant to enable a decision to
engage to be made.".
30 Engaging in legal practice or other paid
employment
(1) In section 12E of the County Court Act 1958—
(a) for "Attorney-General" substitute "Chief
Judge";
(b) after "section 12B" insert "or acting under
section 12H".
(2) At the end of section 12E of the County Court
Act 1958 insert—
"(2) Except with the approval of the Chief Judge,
a reserve judge must not hold an office in
any company, trustee company, incorporated
association or other entity, whether public or
private, in respect of which the reserve judge
receives remuneration while engaged to
undertake the duties of a judge under
section 12B or acting under section 12H.
(3) This section is in addition to the
requirements of section 13.".
31 Remuneration and entitlements of reserve judge
After section 12F(9) of the County Court Act
1958 insert—
"(9A) Despite subsections (1) and (3), a reserve
judge who is also a serving judge of a court
of another State is not entitled to be paid a
salary under this section if that person
receives a salary in relation to his or her
office in that other State.".
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32 New section 12H inserted
After section 12G of the County Court Act 1958
insert—
'12H Power to complete matters—judges and
reserve judges
(1) This section applies to—
(a) a judge whose commission under
section 14 ceases under
section 14(1)(a), (b) or (c);
(b) a reserve judge engaged under
section 12B whose engagement expires;
(c) a reserve judge engaged under
section 12B—
(i) whose engagement expires; and
(ii) whose appointment as a reserve
judge ceases, other than by way of
resignation—
but only if at the time of that cessation or
expiry the judge or reserve judge had a
matter—
(d) that was part-heard before him or her;
or
(e) in respect of which his or her decision
or determination is pending.
(2) Subject to subsection (4), a former judge,
reserve judge or former reserve judge to
whom this section applies may give
judgment, make any order or complete or
otherwise continue to deal with any matters
relating to any proceeding that the former
judge, reserve judge or former reserve judge
(as the case may be) had heard, or partly
heard, before the cessation of his or her
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commission or appointment or expiry of his
or her engagement.
(3) For the purposes of subsection (2)—
(a) a reserve judge to whom this section
applies whose engagement has expired
is taken to be engaged under
section 12B; and
(b) a former judge or former reserve judge
to whom this section applies—
(i) holds office as a reserve judge by
virtue of this section as if he or
she had been appointed under
section 12; and
(ii) is taken to be a reserve judge
engaged under section 12B; and
(c) section 12F does not apply and that
person is not entitled to remuneration
and entitlements under that section for
the period during which he or she is
acting in accordance with subsection
(2) after the cessation of his or her
commission or appointment or the
expiry of his or her engagement, as the
case requires; and
(d) the person may continue to serve as a
reserve judge for the purposes of
subsection (2) despite having attained
the age of 78 years.
(4) Subject to subsection (5), any appointment or
engagement of a person under this section
ceases on the earlier of—
(a) the completion of the matters referred
to in subsection (2); or
(b) 6 months from the date of that
appointment or engagement; or
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(c) the person being appointed under
section 12 as a reserve judge.
(5) A person to whom this section applies may
resign his or her office as reserve judge
under this section by notice in writing to the
Governor.
(6) Nothing in this section prevents a person
being appointed as a reserve judge under
section 12 at any time, if he or she is eligible
to be so appointed.
(7) Nothing in this section affects the operation
of section 15 or of section 91(8) or 101A of
the Coroners Act 2008.
(8) In this section a reference to "proceeding"
includes—
(a) any proceeding or other matter in the
Children's Court under the Children,
Youth and Families Act 2005; and
(b) any investigation or inquiry under the
Coroners Act 2008.'.
33 Judges not to engage in legal practice or sit in
Parliament
In section 13(2) of the County Court Act 1958
for "to a judge who has made an election under
section 13A" substitute "in relation to engaging
in legal practice by a reserve judge who has been
given approval by the Chief Judge to engage in
legal practice under section 12E".
34 Section 15 amended
(1) In the heading to section 15 of the County Court
Act 1958 after "another" insert "and
constitution of court in certain circumstances".
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(2) At the end of section 15 of the County Court Act
1958 insert—
"(2) For the avoidance of doubt, for the purpose
of completion of any matter whether under
section 12H or 17KI or otherwise, the court
may be constituted or continue to be
constituted by a reserve judge who is a judge
or a reserve associate judge who is an
associate judge without reconstitution of the
court despite any interruption in continuity
of that person's tenure, appointment or
engagement.".
35 Professional development and training
In section 17AAA(1) of the County Court Act
1958 in paragraph (b) of the definition of judicial
officer after "associate judge" insert "including a
reserve associate judge".
36 Pension entitlements of associate judges, their
partners and children
(1) At the foot of section 17B(1) of the County
Court Act 1958 insert—
"Note
See sections 17KA and 17KE as to pension entitlements and
appointment as a reserve associate judge.".
(2) In section 17B(8) of the County Court Act 1958,
for "Subsection" substitute "Subject to subsection
(8A), subsection".
(3) After section 17B(8) of the County Court Act
1958 insert—
"(8A) Subsection (7) does not apply to a reserve
associate judge.".
29
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37 New Division 3AB inserted into Part I
After section 17K of the County Court Act 1958
insert—
"Division 3AB—Reserve associate judges
17KA Appointment of reserve associate judges
(1) The Governor in Council may appoint as
many reserve associate judges as are
necessary for transacting the business of the
court.
(2) A person is not eligible for appointment as a
reserve associate judge unless he or she—
(a) has not attained the age of 78 years; and
(b) is, or has been—
(i) an associate judge; or
(ii) an associate judge or a master
(however designated) of a District
Court of another State.
(3) The instrument of appointment of a person as
a reserve associate judge must specify the
terms and conditions of appointment.
(4) A reserve associate judge is eligible for
re-appointment as a reserve associate judge.
17KB Cessation of office
(1) A reserve associate judge ceases to hold
office on the earlier of—
(a) the end of 5 years from the date of his
or her appointment as a reserve
associate judge; or
(b) attaining the age of 78 years.
(2) A reserve associate judge may resign by
sending his or her resignation in writing to
the Governor.
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(3) A reserve associate judge may only be
removed from office in the same way and on
the same grounds as an associate judge is
liable to be removed from office.
17KC Chief Judge may engage reserve associate
judge to undertake duties of associate
judge
(1) The Chief Judge may, from time to time, by
notice in writing, engage a reserve associate
judge to undertake the duties of an associate
judge—
(a) on a full time basis; or
(b) on a sessional basis.
(2) Without limiting subsection (1), an
engagement under that subsection—
(a) may specify the duties that a reserve
associate judge is to undertake; and
(b) must specify the period of the
engagement.
(3) The Chief Judge does not have the power
to revoke or amend a notice of engagement
under subsection (1), other than with the
consent of the reserve associate judge.
(4) An engagement under subsection (1) must
not exceed 6 months.
(5) For the purpose of deciding whether, when,
or on what basis to engage a reserve
associate judge to undertake duties, the Chief
Judge may request the reserve associate
judge to provide any information that the
Chief Judge considers may be relevant to
enable a decision to engage to be made.
31
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17KD Powers, jurisdiction, immunities and
protection of reserve associate judge
Subject to this Act, a reserve associate judge
has the same powers, jurisdiction,
immunities and protection as an associate
judge when undertaking the duties of an
associate judge in accordance with an
engagement under section 17KC.
17KE Pension rights and service not affected by
being a reserve associate judge
(1) Service as a reserve associate judge does not
count as service in the office of associate
judge for the purposes of section 14(5)(aa)
or 17B.
(2) Despite section 17B(7), appointment as a
reserve associate judge does not affect the
right of an associate judge to a pension under
section 17B.
17KF Engaging in legal practice or other paid
employment
(1) Except with the approval of the Chief Judge,
a reserve associate judge must not engage in
legal practice, undertake paid employment or
conduct a business, trade or profession of
any kind while engaged to undertake the
duties of an associate judge under
section 17KC or acting under section 17KI.
(2) Except with the approval of the Chief Judge,
a reserve associate judge must not hold an
office in any company, trustee company,
incorporated association or other entity,
whether public or private, in respect of
which the reserve associate judge receives
remuneration while engaged to undertake the
duties of an associate judge under
section 17KC or acting under section 17KI.
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17KG Remuneration and allowances of reserve
associate judges
(1) Subject to subsection (2), each reserve
associate judge engaged to undertake the
duties of an associate judge on a full time
basis under section 17KC must be paid a
salary in accordance with the rate for the
time being applicable under the Judicial
Salaries Act 2004 to the holder of that office
on other than a reserve basis.
(2) If a reserve associate judge who is engaged
to undertake the duties of an associate judge
on a full time basis under section 17KC is
entitled to—
(a) a non-contributory pension under a
relevant Act within the meaning of
section 16A of the State
Superannuation Act 1988; or
(b) because he or she has held a public
office in another jurisdiction, a noncontributory pension under any other
law—
the amount of pension to which the reserve
associate judge is entitled must be deducted
from the salary payable to that reserve
associate judge under subsection (1).
(3) Subject to subsection (4), each reserve
associate judge engaged to undertake the
duties of an associate judge on a sessional
basis under section 17KC must be paid the
sessional rate for the time being applicable
under the Judicial Salaries Act 2004 to the
holder of that office.
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(4) A reserve associate judge engaged to
undertake the duties of an associate judge on
a sessional basis under section 17KC who is
entitled to—
(a) a non-contributory pension under a
relevant Act within the meaning of
section 16A of the State
Superannuation Act 1988; or
(b) because he or she has held a public
office in another jurisdiction, a noncontributory pension under any other
law—
must be paid a salary calculated in
accordance with the following formula—
 P 
S

 235 
where—
S means the sessional rate for the time
being applicable under the Judicial
Salaries Act 2004 to the reserve
associate judge;
P means the annual pension to which the
reserve associate judge is entitled that is
referred to in paragraph (a) or (b).
(5) Each reserve associate judge shall be paid
allowances at the rate or amount or of the
kind as are for the time being applicable
under the Judicial Salaries Act 2004.
(6) A reserve associate judge, by notice in
writing to the Attorney-General, may enter
into an arrangement under which the reserve
associate judge agrees to receive the whole
or part of his or her total amount of future
salary (whether or not payable at a sessional
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rate) as non-salary benefits of an equivalent
value.
(7) The notice under subsection (6) must specify
a date from which the arrangement is to take
effect which must be—
(a) the date on which the notice is given; or
(b) a later date.
(8) A reserve associate judge may vary or
revoke a notice he or she has given under
subsection (6) by notice in writing to the
Attorney-General.
(9) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be—
(a) the date on which the notice is given; or
(b) a later date.
(10) Despite subsections (1) and (3), a reserve
associate judge who is also a serving
associate judge or master (however
designated) of a court of another State is not
entitled to be paid a salary under this section
if that person receives a salary in relation to
his or her office in that other State.
(11) In subsection (6) and section 17KH,
non-salary benefits has the same meaning as
it has in clause 3(5) of Schedule 1A to the
Public Administration Act 2004.
17KH Appropriation of certain amounts in
relation to reserve associate judges
The following are to be paid out of the
Consolidated Fund, which is appropriated to
the necessary extent—
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(a) the amounts (including the amount of
any non-salary benefits) payable to or
for reserve associate judges; and
(b) premiums and other amounts payable
under the Accident Compensation
(WorkCover Insurance) Act 1993 in
respect of any reserve associate judge;
and
(c) payroll tax payable under the Payroll
Tax Act 2007 in respect of wages paid
or payable to any reserve associate
judge; and
(d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
any reserve associate judge; and
(e) superannuation contributions within the
meaning of the Payroll Tax Act 2007
payable in respect of any reserve
associate judge.
17KI Power to complete matters—associate
judges and reserve associate judges
(1) This section applies to—
(a) an associate judge whose appointment
under section 17A ceases under
section 17A(2)(a) or (d);
(b) a reserve associate judge engaged under
section 17KC whose engagement
expires;
(c) a reserve associate judge engaged under
section 17KC—
(i) whose engagement expires; and
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(ii) whose appointment as a reserve
associate judge ceases, other than
by way of resignation—
but only if at the time of that cessation or
expiry the associate judge or reserve
associate judge had a matter—
(d) that was part-heard before him or her;
or
(e) in respect of which his or her decision
or determination is pending.
(2) Subject to subsection (4), a former associate
judge, reserve associate judge or former
reserve associate judge to whom this section
applies may give judgment, make any order
or complete or otherwise continue to deal
with any matters relating to any proceeding
that the former associate judge, reserve
associate judge or former reserve associate
judge (as the case may be) had heard, or
partly heard, before the cessation of his or
her appointment or expiry of his or her
engagement.
(3) For the purposes of subsection (2)—
(a) a reserve associate judge to whom this
section applies whose engagement has
expired is taken to be engaged under
section 17KC; and
(b) a former associate judge or former
reserve associate judge to whom this
section applies—
(i) holds office as a reserve associate
judge by virtue of this section as if
he or she had been appointed
under section 17KA; and
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(ii) is taken to be a reserve associate
judge engaged under
section 17KC; and
(c) section 17KG does not apply and that
person is not entitled to remuneration
and entitlements under that section for
the period during which he or she is
acting in accordance with subsection
(2) after the cessation of his or her
appointment or the expiry of his or her
engagement, as the case requires; and
(d) the person may continue to serve as a
reserve associate judge for the purposes
of subsection (2) despite having
attained the age of 78 years.
(4) Subject to subsection (5), any appointment or
engagement of a person under this section
ceases on the earlier of—
(a) the completion of the matters referred
to in subsection (2); or
(b) 6 months from the date of that
appointment or engagement; or
(c) the person being appointed under
section 17KA as a reserve associate
judge.
(5) A person to whom this section applies may
resign his or her office as reserve associate
judge under this section by notice in writing
to the Governor.
(6) Nothing in this section prevents a person
being appointed as a reserve associate judge
under section 17KA at any time, if he or she
is eligible to be so appointed.
(7) Nothing in this section affects the operation
of section 15.".
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38 Power to make rules of practice
In section 78(1) and (2) of the County Court Act
1958, after "associate judges" insert "or reserve
associate judges".
39 New section 99 inserted
At the end of Part VIII of the County Court Act
1958 insert—
"99 Transitional provision—Courts
Legislation Amendment (Judicial
Officers) Act 2013
A reserve judge currently engaged by the
Attorney-General under section 12B as in
force immediately before the amendment of
that section by the Courts Legislation
Amendment (Judicial Officers) Act 2013 is
taken to have been engaged by the Chief
Judge under section 12B as amended by that
Act and his or her engagement continues and
has effect accordingly.".
Division 4—Amendment of the Magistrates' Court Act 1989
40 Definitions
In section 3(1) of the Magistrates' Court Act
1989, in the definition of magistrate, after
"engagement" insert "or acting under
section 9EA".
39
See:
Act No.
51/1989.
Reprint No. 17
as at
1 May 2013
and
amending
Act Nos
51/1989,
51/2006,
12/2010,
30/2013,
31/2013 and
32/2013.
LawToday:
www.
legislation.
vic.gov.au
Courts Legislation Amendment (Judicial Officers) Act 2013
No.
of 2013
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Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and
Reserve Coroners
41 Appointment of reserve magistrates
In section 9A(2)(a) of the Magistrates' Court
Act 1989 for "75" substitute "78".
42 Cessation of office
(1) In section 9B(1)(b) of the Magistrates' Court
Act 1989 for "75" substitute "78".
(2) After section 9B(1) of the Magistrates' Court
Act 1989 insert—
"(1A) A reserve magistrate may resign by sending
his or her resignation in writing to the
Governor.".
43 Section 9C amended
(1) In the heading to section 9C of the Magistrates'
Court Act 1989 for "Attorney-General"
substitute "Chief Magistrate".
(2) In section 9C(1) of the Magistrates' Court Act
1989 for "Attorney-General" substitute "Chief
Magistrate".
(3) In section 9C(3) of the Magistrates' Court Act
1989—
(a) for "Attorney-General" substitute "Chief
Magistrate";
(b) after "subsection (1)" insert ", other than
with the consent of the reserve magistrate".
(4) After section 9C(3) of the Magistrates' Court
Act 1989 insert—
"(4) An engagement under subsection (1) must
not exceed 6 months.
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(5) For the purpose of deciding whether, when,
or on what basis to engage a reserve
magistrate to undertake duties, the Chief
Magistrate may request the reserve
magistrate to provide any information that
the Chief Magistrate considers may be
relevant to enable a decision to engage to be
made.".
44 New section 9EA inserted
After section 9E of the Magistrates' Court Act
1989 insert—
"9EA Power to complete matters—magistrates
and reserve magistrates
(1) This section applies to—
(a) a magistrate whose office ceases under
section 12(a) or by resignation;
(b) a reserve magistrate engaged under
section 9C whose engagement expires;
(c) a reserve magistrate engaged under
section 9C—
(i) whose engagement expires; and
(ii) whose appointment as a reserve
magistrate ceases, other than by
way of resignation—
but only if at the time of that cessation or
expiry the magistrate or reserve magistrate
had a matter—
(d) that was part-heard before him or her;
or
(e) in respect of which his or her decision
or determination is pending.
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(2) Subject to subsection (4), a former
magistrate, reserve magistrate or former
reserve magistrate to whom this section
applies may give judgment, make any order
or complete or otherwise continue to deal
with any matters relating to any proceeding
that former magistrate, reserve magistrate or
former reserve magistrate (as the case may
be) had heard, or partly heard, before the
cessation of his or her office or appointment
or expiry of his or her engagement.
(3) For the purposes of subsection (2)—
(a) a reserve magistrate to whom this
section applies whose engagement has
expired is taken to be engaged under
section 9C; and
(b) a former magistrate or former reserve
magistrate to whom this section
applies—
(i) holds office as a reserve
magistrate by virtue of this section
as if he or she had been appointed
under section 9A; and
(ii) is taken to be a reserve magistrate
engaged under section 9C; and
(c) section 10(2) and Part 2 of Schedule 1
do not apply and that person is not
entitled to remuneration and
entitlements under that section for the
period during which he or she is acting
in accordance with subsection (2) after
the cessation of his or her commission
or appointment or the expiry of his or
her engagement, as the case requires;
and
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(d) the person may continue to serve as a
reserve magistrate for the purposes of
subsection (2) despite having attained
the age of 78 years.
(4) Subject to subsection (5), any appointment or
engagement of a person under this section
ceases on the earlier of—
(a) the completion of the matters referred
to in subsection (2); or
(b) 6 months from the date of that
appointment or engagement; or
(c) the person being appointed under
section 9A as a reserve magistrate.
(5) A person to whom this section applies may
resign his or her office as reserve magistrate
under this section by notice in writing to the
Governor.
(6) Nothing in this section prevents a person
being appointed as a reserve magistrate
under section 9A at any time, if he or she is
eligible to be so appointed.
(7) Nothing in this section affects the operation
of section 16AB.".
45 Engaging in legal practice or other paid
employment
(1) In section 9F of the Magistrates' Court Act
1989—
(a) for "Attorney-General" substitute "Chief
Magistrate";
(b) after "section 9C" insert "or acting under
section 9EA".
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(2) At the end of section 9F of the Magistrates'
Court Act 1989 insert—
"(2) Except with the approval of the Chief
Magistrate, a reserve magistrate must not
hold an office in any company, trustee
company, incorporated association or other
entity, whether public or private, in respect
of which the reserve magistrate receives
remuneration while engaged to undertake the
duties of a magistrate under section 9C or
acting under section 9EA.".
46 New section 16AB inserted
After section 16A of the Magistrates' Court Act
1989 insert—
"16AB Constitution of Court if magistrate unable
to continue and constitution of Court in
certain circumstances
(1) Subject to subsection (2), despite anything in
any Act or the rules, any power, duty or act
which might have been exercised or
performed by the Court constituted by a
magistrate may be exercised or performed by
the Court constituted by any other magistrate
if the Court cannot for any reason be
constituted by that first mentioned
magistrate.
(2) If this Act or the rules provide that a division
of the Court must be constituted by a
magistrate assigned to that division, the
Court may only be constituted under
subsection (1) by a magistrate who is
assigned to the relevant division.
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(3) For the avoidance of doubt, for the purpose
of completion of any matter whether under
section 9EA or otherwise, the Court may be
constituted or continue to be constituted by a
reserve magistrate who is a magistrate
without reconstitution of the Court despite
any interruption in continuity of his or her
tenure, appointment or engagement.".
47 Remuneration and entitlements of reserve
magistrate
After clause 11(9) of Schedule 1 to the
Magistrates' Court Act 1989 insert—
"(9A) Despite subclauses (1) and (3), a reserve
magistrate who is also a serving magistrate
of a court of another State, the Northern
Territory or the Australian Capital Territory
is not entitled to be paid a salary under this
section if that person receives a salary in
relation to his or her office in that other State
or Territory.".
48 New clause 51A of Schedule 8 inserted
After clause 51 of Schedule 8 to the Magistrates'
Court Act 1989 insert—
"51A Transitional provision—Courts
Legislation Amendment (Judicial
Officers) Act 2013
A reserve magistrate currently engaged by
the Attorney-General under section 9C as in
force immediately before the amendment of
that section by the Courts Legislation
Amendment (Judicial Officers) Act 2013 is
taken to have been engaged by the Chief
Magistrate under section 9C as amended by
that Act and his or her engagement continues
and has effect accordingly.".
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Division 5—Amendment of the Coroners Act 2008
49 Definitions
See:
Act No.
77/2008.
Reprint No. 1
as at
21 July 2011
and
amending
Act Nos
52/2012,
83/2012,
5/2013 and
31/2013.
LawToday:
www.
legislation.
vic.gov.au
In section 3(1) of the Coroners Act 2008—
(a) in paragraph (a) of the definition of coroner,
after "Coroner" insert ", including a person
acting under section 12H of the County
Court Act 1958";
(b) in the definition of coroner, after
paragraph (d) insert—
"(e) a reserve coroner who is engaged under
section 102N to perform the duties of a
coroner during any period of
engagement or acting under
section 102S;";
(c) insert the following definition—
"reserve coroner means a person appointed
under section 102L;".
50 State Coroner
In section 91(8) of the Coroners Act 2008, for "of
the County Court" substitute "within the meaning
of the County Court Act 1958".
51 New Division 1B of Part 8 inserted
After Division 1A of Part 8 of the Coroners Act
2008 insert—
"Division 1B—Reserve coroners
102L Appointment of reserve coroners
(1) The Governor in Council may appoint as
many reserve coroners as are necessary for
transacting the business of the Coroners
Court.
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(2) A person is not eligible for appointment as a
reserve coroner unless he or she—
(a) has not attained the age of 78 years; and
(b) is, or has been, a coroner appointed
under section 94 or deemed to be a
coroner under clause 16 of Schedule 1.
(3) The instrument of appointment of a person as
a reserve coroner must specify the terms and
conditions of appointment.
(4) A reserve coroner is eligible for
re-appointment as a reserve coroner.
102M Cessation of office
(1) A reserve coroner ceases to hold office on
the earlier of—
(a) the end of 5 years from the date of his
or her appointment as a reserve
coroner; or
(b) attaining the age of 78 years.
(2) A reserve coroner may resign by sending his
or her resignation in writing to the Governor.
(3) A reserve coroner may only be removed
from office in the same way and on the same
grounds as a coroner is liable to be removed
from office.
102N State Coroner may engage reserve
coroner to undertake duties of coroner
(1) The State Coroner may, from time to time,
by notice in writing, engage a reserve
coroner to undertake the duties of a
coroner—
(a) on a full time basis; or
(b) on a sessional basis.
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(2) Without limiting subsection (1), an
engagement under that subsection—
(a) may specify the duties that a reserve
coroner is to undertake; and
(b) must specify the period of the
engagement.
(3) The State Coroner does not have the power
to revoke or amend a notice of engagement
under subsection (1).
(4) An engagement under subsection (1) must
not exceed 6 months.
(5) For the purpose of deciding whether, when,
or on what basis to engage a reserve coroner
to undertake duties, the State Coroner may
request the reserve coroner to provide any
information that the State Coroner considers
may be relevant to enable a decision to
engage to be made.
102O Powers, jurisdiction, immunities and
protection of reserve coroner
Subject to this Act, a reserve coroner has the
same powers, jurisdiction, immunities and
protection as a coroner when undertaking the
duties of a coroner in accordance with an
engagement under section 102N.
102P Engaging in legal practice or other paid
employment
(1) Except with the approval of the State
Coroner, a reserve coroner must not engage
in legal practice, undertake paid employment
or conduct a business, trade or profession of
any kind while engaged to undertake the
duties of a coroner under section 102N or
acting under section 102S.
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(2) Except with the approval of the State
Coroner, a reserve coroner must not hold an
office in any company, trustee company,
incorporated association or other entity,
whether public or private, in respect of
which the reserve coroner receives
remuneration while engaged to undertake the
duties of a coroner under section 102N or
acting under section 102S.
102Q Remuneration and allowances of reserve
coroners
(1) Subject to subsection (2), each reserve
coroner engaged to undertake the duties
of a coroner on a full time basis under
section 102N must be paid a salary in
accordance with the rate for the time being
applicable under the Judicial Salaries Act
2004 to the holder of the office of magistrate
(other than the Chief Magistrate or a Deputy
Chief Magistrate) on other than a reserve
basis.
(2) If a reserve coroner who is engaged to
undertake the duties of a coroner on a full
time basis under section 102N is entitled
to—
(a) a non-contributory pension under a
relevant Act within the meaning of
section 16A of the State
Superannuation Act 1988; or
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(b) because he or she has held a public
office in another jurisdiction, a noncontributory pension under any other
law—
the amount of pension to which the reserve
coroner is entitled must be deducted from the
salary payable to that reserve coroner under
subsection (1).
(3) Subject to subsection (4), each reserve
coroner engaged to undertake the duties of a
coroner on a sessional basis under
section 102N must be paid the sessional rate
for the time being applicable under the
Judicial Salaries Act 2004 to the holder of
the office of reserve magistrate.
(4) A reserve coroner engaged to undertake the
duties of a coroner on a sessional basis under
section 102N who is entitled to—
(a) a non-contributory pension under a
relevant Act within the meaning of
section 16A of the State
Superannuation Act 1988; or
(b) because he or she has held a public
office in another jurisdiction, a noncontributory pension under any other
law—
must be paid a salary calculated in
accordance with the following formula—
 P 
S

 235 
where—
S means the sessional rate for the time
being applicable under the Judicial
Salaries Act 2004 to the reserve
coroner;
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P means the annual pension to which the
reserve coroner is entitled that is
referred to in paragraph (a) or (b).
(5) Each reserve coroner shall be paid
allowances at the rate or amount or of the
kind as are for the time being applicable
under the Judicial Salaries Act 2004.
(6) A reserve coroner, by notice in writing to the
Attorney-General, may enter into an
arrangement under which the reserve coroner
agrees to receive the whole or part of his or
her total amount of future salary (whether or
not payable at a sessional rate) as non-salary
benefits of an equivalent value.
(7) The notice under subsection (6) must specify
a date from which the arrangement is to take
effect, which must be—
(a) the date on which the notice is given; or
(b) a later date.
(8) A reserve coroner may vary or revoke a
notice he or she has given under subsection
(6) by notice in writing to the AttorneyGeneral.
(9) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be—
(a) the date on which the notice is given; or
(b) a later date.
(10) Despite subsections (1) and (3), a reserve
coroner who is also a serving coroner of
another State is not entitled to be paid a
salary under this section if that person
receives a salary in relation to his or her
office in that other State.
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(11) In subsection (6) and section 102S,
non-salary benefits has the same meaning as
it has in clause 3(5) of Schedule 1A to the
Public Administration Act 2004.
102R Appropriation of certain amounts in
relation to reserve coroners
The following are to be paid out of the
Consolidated Fund, which is appropriated to
the necessary extent—
(a) the amounts (including the amount of
any non-salary benefits) payable to or
for reserve coroners; and
(b) premiums and other amounts payable
under the Accident Compensation
(WorkCover Insurance) Act 1993 in
respect of any reserve coroner; and
(c) payroll tax payable under the Payroll
Tax Act 2007 in respect of wages paid
or payable to any reserve coroner; and
(d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
any reserve coroner; and
(e) superannuation contributions within the
meaning of the Payroll Tax Act 2007
payable in respect of any reserve
coroner.
102S Power to complete matters—coroners and
reserve coroners
(1) This section applies to—
(a) a coroner whose assignment under
section 93 ceases;
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(b) a reserve coroner engaged under
section 102N whose engagement
expires;
(c) a reserve coroner engaged under
section 102N—
(i) whose engagement expires; and
(ii) whose appointment as a reserve
coroner ceases, other than by way
of resignation;
(d) a coroner appointed under section 94
who ceases to hold office—
but only if at the time of that cessation or
expiry the coroner or reserve coroner had a
matter—
(e) that was part-heard before him or her;
or
(f) in respect of which his or her
determination, recommendation or
referral is pending.
(2) Subject to subsection (4), a former coroner,
reserve coroner or former reserve coroner to
whom this section applies may make any
finding, recommendation or referral or
complete or otherwise continue to deal with
any matters relating to any investigation or
inquiry that the former coroner, reserve
coroner or former reserve coroner (as the
case may be)—
(a) has heard, or partly heard before the
cessation of his or her assignment or
expiry of his or her engagement; or
(b) in respect of which a finding,
recommendation or referral by the
former coroner, reserve coroner or
former reserve coroner is pending.
53
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(3) For the purposes of subsection (2)—
(a) a reserve coroner to whom this section
applies whose engagement has expired
is taken to be engaged under
section 102N; and
(b) a former coroner or former reserve
coroner to whom this section applies—
(i) holds office as a reserve coroner
by virtue of this section as if he or
she had been appointed under
section 102L; and
(ii) is taken to be a reserve coroner
engaged under section 102N; and
(c) section 102Q does not apply and that
person is not entitled to remuneration
and entitlements under that section for
the period during which he or she is
acting in accordance with subsection
(2) after the cessation of his or her
appointment or the expiry of his or her
engagement, as the case requires; and
(d) the person may continue to serve as a
reserve coroner for the purposes of
subsection (2) despite having attained
the age of 78 years.
(4) Subject to subsection (5), any appointment of
a person under this section ceases on the
earlier of—
(a) the completion of the matters referred
to in subsection (2); or
(b) 6 months from the date of that
appointment or engagement; or
(c) the person being appointed under
section 94 as a coroner; or
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(d) the person being appointed under
section 102L as a reserve coroner.
(5) A person to whom this section applies may
resign his or her office as reserve coroner
under this section by notice in writing to the
Governor.
(6) Nothing in this section prevents a person
being appointed as a reserve coroner under
section 102L at any time, if he or she is
eligible to be so appointed.
(7) Nothing in this section affects the operation
of section 101A.".
Division 6—Amendment of the Children, Youth and
Families Act 2005
52 Definitions
In section 3(1) of the Children, Youth and
Families Act 2005, in the definition of magistrate
after "section 507" insert "and a person who was
formerly the President who is acting under
section 12H of the County Court Act 1958".
53 President
After section 508(10) of the Children, Youth and
Families Act 2005 insert—
"(11) At the end of a term of office of the
President, the person who was President may
exercise the same power conferred on a
magistrate by or under this or any other Act
55
See:
Act No.
96/2005.
Reprint No. 4
as at
27 March
2013
and
amending
Act Nos
51/2006,
9/2013 and
30/2013.
LawToday:
www.
legislation.
vic.gov.au
Courts Legislation Amendment (Judicial Officers) Act 2013
No.
of 2013
s. 53
Part 2—Reserve Judges, Reserve Associate Judges, Reserve Magistrates and
Reserve Coroners
for 6 months immediately after the
completion of that term of office, if the
person continues to be a judge within the
meaning of the County Court Act 1958.".
__________________
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Part 3—Amendments Relating to Part-Time Judicial Service
PART 3—AMENDMENTS RELATING TO PART-TIME
JUDICIAL SERVICE
Division 1—Amendment of the Constitution Act 1975
54 Definitions
In section 5 of the Constitution Act 1975 insert
the following definitions—
"excluded judicial officer means—
(a) the Chief Justice;
(b) the President of the Court of Appeal;
(c) a Judge of the Court who is appointed
as President of VCAT;
part-time service arrangement means—
(a) in relation to a Judge of the Court, an
arrangement entered under section 75C;
(b) in relation to an Associate Judge, an
arrangement entered under section
104JA of the Supreme Court Act
1986;".
55 Definitions relating to pensions
In section 5A(1) of the Constitution Act 1975
after "section 83" insert "and section 83AAA".
56 New sections 75C to 75F inserted
After section 75B of the Constitution Act 1975
insert—
"75C Entry into part-time service arrangement
(1) A Judge of the Court other than an excluded
judicial officer may enter into an
arrangement with the Chief Justice to carry
out the duties of Judge of the Court on a
part-time basis.
57
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(2) A part-time service arrangement—
(a) must be in writing;
(b) must specify the proportion of full-time
duties to be worked by the Judge of the
Court to whom the part-time service
arrangement applies, which must be a
minimum of 0∙4 of full-time duties;
(c) may specify an expiry date, but is not
required to do so.
(3) The Chief Justice may have regard to the
following factors in considering whether to
enter into a part-time service arrangement—
(a) the operational needs of the Court;
(b) the personal and professional
circumstances of the Judge of the
Court;
(c) parity and equity with other Judges of
the Court;
(d) any other relevant consideration.
(4) A part-time service arrangement takes effect
from the date specified in the part-time
service arrangement.
75D Variation of part-time service
arrangement
(1) A part-time service arrangement may be
varied by agreement between the Judge of
the Court to whom the arrangement applies
and the Chief Justice.
(2) A variation of a part-time service
arrangement—
(a) must be in writing;
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(b) must specify the proportion of full-time
duties to be worked by the Judge of the
Court to whom the part-time service
arrangement applies, which must be a
minimum of 0∙4 of full-time duties.
(3) The Chief Justice may have regard to the
factors referred to in section 75C(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.
75E Suspension of part-time service
arrangement
(1) A part-time service arrangement is
suspended if the Judge of the Court to whom
the part-time service arrangement applies is
appointed as any one of the following—
(a) Acting Chief Justice;
(b) Acting President of the Court of
Appeal;
(c) Acting President of VCAT.
(2) A suspension under subsection (1) is for the
period of the acting appointment.
75F Termination of part-time service
arrangement
(1) A part-time service arrangement is
terminated if the Judge of the Court to whom
the part-time service arrangement applies is
appointed as any one of the following—
(a) Chief Justice;
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(b) President of the Court of Appeal;
(c) President of VCAT.
(2) A part-time service arrangement may be
terminated by agreement between the Judge
of the Court to whom the part-time service
arrangement applies and the Chief Justice.".
57 Salaries, allowances and pensions of Judges of the
Supreme Court
(1) In section 82(1B) of the Constitution Act 1975,
for "Each" substitute "Subject to subsection (1C),
each".
(2) After section 82(1B) of the Constitution Act
1975 insert—
"(1C) Each Judge of Appeal to whom a part-time
service arrangement applies shall be paid a
pro-rata amount of the salary referred to in
subsection (1B).".
(3) In section 82(2) of the Constitution Act 1975, for
"Each" substitute "Subject to subsection (2A),
each".
(4) After section 82(2) of the Constitution Act 1975
insert—
"(2A) Each Judge of the Court to whom a part-time
service arrangement applies shall be paid a
pro-rata amount of the salary referred to in
subsection (2).".
(5) After section 82(6C) of the Constitution Act
1975 insert—
"(6D) A part-time service arrangement does not
constitute a reduction in the salary of the
Judge of the Court or Associate Judge who
enters into the arrangement.".
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58 As to pensions of Judges of the Supreme Court and
their partners and children
In section 83(6) of the Constitution Act 1975
after "of this section" insert "and
section 83AAA".
59 New section 83AAA inserted
After section 83 of the Constitution Act 1975
insert—
"83AAA Effect of part-time service arrangement
on judicial pensions
(1) If a Judge of the Court has served under a
part-time service arrangement, his or her
pension under section 83, and any pension
payable in relation to the Judge's partner or
eligible children under that section, is
reduced by multiplying the amount of the
pension by the relevant factor determined
under subsection (2) or (3).
(2) Subject to subsection (3), the factor for the
purposes of subsection (1) is the highest of—
(a) the proportion of service that occurs
during the period when the Judge
served in the office of Judge of the
Court;
(b) if the Judge is eligible for a pension
under section 83(1)(a), the proportion
of service that occurs within the 10 year
period immediately before the Judge's
retirement or resignation;
(c) if the Judge is eligible for a pension
under section 83(1)(aa), the proportion
of service that occurs in the periods in
office that—
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(i) involve the highest proportion of
full-time duties; and
(ii) cumulatively total 20 years.
(3) If a Judge of the Court continues service in
office beyond the date on which he or she
would qualify for a pension and a higher
factor would have been calculated under
subsection (2) if the Judge's period of office
had ended on a date between that date of
qualification and the date the Judge actually
resigns or retires, that higher factor is the
factor by which the pension must be
multiplied under subsection (1).
(4) In this section—
judicial service means the sum of—
(a) all part-time service performed by
a Judge of the Court calculated by
reference to the proportion of
full-time duties specified by each
part-time service arrangement;
and
(b) all full-time service performed by
the Judge;
proportion of service means the judicial
service during the relevant period
divided by the relevant period.
Example
Judge A is appointed at the age of 55 and retires after
15 years at the age of 70. Judge A serves a combination of
full-time and part-time service as follows—
(a) first 8 years as a Judge is part-time service at 0∙8 of
full-time service;
(b) next 7 years as a Judge is full-time service.
62
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At the time of Judge A's retirement, the period that Judge A
served in the office of Judge under subsection (2)(a) was
15 years and the proportion of service during that period
was 13∙4 years (i.e. 8 × 0∙8 + 7). In the 10 year period
immediately before Judge A's retirement, the proportion of
service was 9∙4 years (i.e. 3 × 0∙8 + 7).
The proportion of service under subsection (2)(a) is 0∙893
(i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94
(i.e. 9∙4 ÷ 10) and these are the relevant factors.
Subsection (3) does not alter the relevant factor in this case.
The highest proportion of service is 0∙94, which is the
relevant factor. Judge A will therefore receive 94∙0% of a
full judicial pension.".
60 Salaries of Associate Judges
(1) In section 83A(1) of the Constitution Act 1975,
for "Each" substitute "Subject to subsection (1A),
each".
(2) After section 83A(1) of the Constitution Act
1975 insert—
"(1A) Each Associate Judge to whom a part-time
service arrangement applies shall be paid a
pro-rata amount of the salary referred to in
subsection (1).".
61 New section 84A inserted
After section 84 of the Constitution Act 1975
insert—
"84A Judges serving under part-time service
arrangement not to engage in legal
practice or other paid employment
(1) Without limiting section 84, a Judge of the
Court serving under a part-time service
arrangement must not engage in legal
practice.
63
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Part 3—Amendments Relating to Part-Time Judicial Service
(2) Except with the approval of the Chief
Justice, a Judge of the Court serving under a
part-time service arrangement must not
undertake paid employment or conduct a
business, trade or profession of any kind.
(3) Except with the approval of the Chief
Justice, a Judge of the Court serving under a
part-time service arrangement must not hold
an office in any company, trustee company,
incorporated association or other entity,
whether public or private, in respect of
which the Judge receives remuneration.".
Division 2—Amendment of the Supreme Court Act 1986
62 Definitions
In section 3(1) of the Supreme Court Act 1986
insert the following definition—
"part-time service arrangement means—
(a) in relation to a Judge of the Court, an
arrangement entered under section 75C
of the Constitution Act 1975;
(b) in relation to an Associate Judge, an
arrangement entered under
section 104JA;".
63 New section 104AB inserted
After section 104A of the Supreme Court Act
1986 insert—
"104AB Effect of part-time service arrangement
on pensions of Associate Judges
(1) If an Associate Judge has served under a
part-time service arrangement, his or her
pension under section 104A, and any pension
payable in relation to the Associate Judge's
partner or eligible children under that
section, is reduced by multiplying the
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amount of the pension by the relevant factor
determined under subsection (2) or (3).
(2) Subject to subsection (3), the factor for the
purposes of subsection (1) is the highest of—
(a) the proportion of service that occurs
during the period when the Associate
Judge served in the office of Associate
Judge;
(b) if the Associate Judge is eligible for a
pension under section 104A(1)(a), the
proportion of service that occurs within
the 10 year period immediately before
the Associate Judge's retirement or
resignation;
(c) if the Associate Judge is eligible for a
pension under section 104A(1)(aa), the
proportion of service that occurs in the
periods in office that—
(i) involve the highest proportion of
full-time duties; and
(ii) cumulatively total 20 years.
(3) If an Associate Judge continues service in
office beyond the date on which he or she
would qualify for a pension and a higher
factor would have been calculated under
subsection (2) if the Associate Judge's period
of office had ended on a date between that
date of qualification and the date the
Associate Judge actually resigns or retires,
that higher factor is the factor by which the
pension must be multiplied under
subsection (1).
65
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(4) In this section—
judicial service means the sum of—
(a) all part-time service performed by
the Associate Judge calculated by
reference to the proportion of fulltime duties specified by each parttime service arrangement; and
(b) all full-time service performed by
the Associate Judge;
proportion of service means the judicial
service during the relevant period
divided by the relevant period.
Example
Associate Judge A is appointed at the age of 55 and retires
after 15 years at the age of 70. Associate Judge A serves a
combination of full-time and part-time service as follows—
(a) first 8 years as an Associate Judge is part-time service
at 0∙8 of full-time service;
(b) next 7 years as an Associate Judge is full-time service.
At the time of Associate Judge A's retirement, the period
that Associate Judge A served as an Associate Judge under
subsection (2)(a) was 15 years and the proportion of service
during that period was 13∙4 years (i.e. 8 × 0∙8 + 7). In the
10 year period immediately before Associate Judge A's
retirement, the proportion of service was 9∙4 years
(i.e. 3 × 0∙8 + 7).
The proportion of service under subsection (2)(a) is 0∙893
(i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94
(i.e. 9∙4 ÷ 10) and these are the relevant factors.
Subsection (3) does not alter the relevant factor in this case.
The highest proportion of service is 0∙94, which is the
relevant factor. Associate Judge A will therefore receive
94∙0% of a full Associate Judge's pension.".
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64 New sections 104JA to 104JD inserted
After section 104J of the Supreme Court Act
1986 insert—
"104JA Entry into part-time service arrangement
(1) An Associate Judge may enter into an
arrangement with the Chief Justice to carry
out the duties of Associate Judge on a parttime basis.
(2) A part-time service arrangement—
(a) must be in writing;
(b) must specify the proportion of full-time
duties to be worked by the Associate
Judge to whom the part-time service
arrangement applies which must be a
minimum of 0·4 of full-time duties;
(c) may specify an expiry date, but is not
required to do so.
(3) The Chief Justice may have regard to the
following factors in considering whether to
enter into a part-time service arrangement—
(a) the operational needs of the Court;
(b) the personal and professional
circumstances of the Associate Judge;
(c) parity and equity with other Associate
Judges;
(d) any other relevant consideration.
(4) A part-time service arrangement takes effect
from the date specified in the part-time
service arrangement.
67
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104JB Variation of part-time service
arrangement
(1) A part-time service arrangement may be
varied by agreement between the Associate
Judge to whom the arrangement applies and
the Chief Justice.
(2) A variation of a part-time service
arrangement—
(a) must be in writing;
(b) must specify the proportion of full-time
duties to be worked by the Associate
Judge to whom the part-time service
arrangement applies, which must be a
minimum of 0·4 of full-time duties.
(3) The Chief Justice may have regard to the
factors referred to in section 104JA(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.
104JC Termination of part-time service
arrangement
A part-time service arrangement may be
terminated by agreement between the
Associate Judge to whom the part-time
service arrangement applies and the Chief
Justice.
104JD Associate Judges serving under part-time
service arrangement not to engage in legal
practice or other paid employment
(1) An Associate Judge serving under a parttime service arrangement must not engage in
legal practice.
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(2) Except with the approval of the Chief
Justice, an Associate Judge serving under a
part-time service arrangement must not
undertake paid employment or conduct a
business, trade or profession of any kind.
(3) Except with the approval of the Chief
Justice, an Associate Judge serving under a
part-time service arrangement must not hold
an office in any company, trustee company,
incorporated association or other entity,
whether public or private, in respect of
which the Associate Judge receives
remuneration.".
Division 3—Amendment of the County Court Act 1958
65 Definitions
In section 3(1) of the County Court Act 1958
insert the following definitions—
"excluded judicial officer means—
(a) the Chief Judge;
(b) the State Coroner;
(c) the President of the Children's Court;
part-time service arrangement means an
arrangement entered under section 8A;".
66 Definitions relating to pensions
In section 3AA(1) of the County Court Act 1958
after "section 14" insert "and section 14AAA".
69
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Part 3—Amendments Relating to Part-Time Judicial Service
67 New sections 8A to 8D inserted
After section 8 of the County Court Act 1958
insert—
"8A Entry into part-time service arrangement
(1) A judge or an associate judge, other than an
excluded judicial officer, may enter into an
arrangement with the Chief Judge to carry
out the duties of judge, or associate judge, on
a part-time basis.
(2) A part-time service arrangement—
(a) must be in writing;
(b) must specify the proportion of full-time
duties to be worked by the judge or
associate judge to whom the part-time
service arrangement applies, which
must be a minimum of 0·4 of full-time
duties;
(c) may specify an expiry date, but is not
required to do so.
(3) The Chief Judge may have regard to the
following factors in considering whether to
enter into a part-time service arrangement—
(a) the operational needs of the court;
(b) the personal and professional
circumstances of the judge or the
associate judge;
(c) parity and equity with other judges or
other associate judges;
(d) any other relevant consideration.
(4) A part-time service arrangement takes effect
from the date specified in the part-time
service arrangement.
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8B Variation of part-time service
arrangement
(1) A part-time service arrangement may be
varied by agreement between the judge or
the associate judge to whom the arrangement
applies and the Chief Judge.
(2) A variation of a part-time service
arrangement—
(a) must be in writing;
(b) must specify the proportion of full-time
duties to be worked by the judge or the
associate judge to whom the part-time
service arrangement applies, which
must be a minimum of 0·4 of full-time
duties.
(3) The Chief Judge may have regard to the
factors referred to in section 8A(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.
8C Suspension of part-time service
arrangement
(1) A part-time service arrangement is
suspended if the judge to whom the part-time
service arrangement applies is appointed as
any one of the following—
(a) Acting Chief Judge;
(b) Acting State Coroner;
(c) Acting President of the Children's
Court;
(d) Acting President of VCAT.
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(2) A suspension under subsection (1) is for the
period of the acting appointment.
8D Termination of part-time service
arrangement
(1) A part-time service arrangement is
terminated if the judge to whom the parttime service arrangement applies is
appointed as any one of the following—
(a) Chief Judge;
(b) State Coroner;
(c) President of the Children's Court.
(2) A part-time service arrangement may be
terminated by agreement between the judge,
or the associate judge, to whom the
arrangement applies and the Chief Judge.".
68 Salaries and allowances of the Chief Judge and
other judges
(1) In section 10(2) of the County Court Act 1958,
for "Each" substitute "Subject to subsection (2A),
each".
(2) After section 10(2) of the County Court Act
1958 insert—
"(2A) Each judge to whom a part-time service
arrangement applies shall be paid a pro-rata
amount of the salary referred to in
subsection (2).".
(3) After section 10(6C) of the County Court Act
1958 insert—
"(6D) A part-time service arrangement does not
constitute a reduction in the salary of the
judge or associate judge who enters into the
arrangement.".
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69 New section 13A inserted
After section 13 of the County Court Act 1958
insert—
"13A Judges and associate judges serving under
part-time service arrangement not to
engage in legal practice or other paid
employment
(1) Without limiting section 13, a judge or an
associate judge serving under a part-time
service arrangement must not engage in legal
practice.
(2) Except with the approval of the Chief Judge,
a judge or an associate judge serving under a
part-time service arrangement must not
undertake paid employment or conduct a
business, trade or profession of any kind.
(3) Except with the approval of the Chief Judge,
a judge or an associate judge serving under a
part-time service arrangement must not hold
an office in any company, trustee company,
incorporated association or other entity,
whether public or private, in respect of
which the judge or the associate judge
receives remuneration.".
70 Provision for pensions to County Court judges and
their partners
In section 14(5) of the County Court Act 1958
after "purposes of this section" insert "and
section 14AAA".
73
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71 New section 14AAA inserted
After section 14 of the County Court Act 1958
insert—
"14AAA Effect of part-time service arrangement
on judicial pensions
(1) If a judge has served under a part-time
service arrangement, his or her pension
under section 14, and any pension payable in
relation to the judge's partner or eligible
children under that section, is reduced by
multiplying the amount of the pension by the
relevant factor determined under subsection
(2) or (3).
(2) Subject to subsection (3), the factor for the
purposes of subsection (1) is the highest of—
(a) the proportion of service that occurs
during the period when the judge
served in the office of judge;
(b) if the judge is eligible for a pension
under section 14(2)(a), the proportion
of service that occurs within the 10 year
period immediately before the judge's
retirement or resignation;
(c) if the judge is eligible for a pension
under section 14(2)(b), the proportion
of service that occurs in the periods in
office that—
(i) involve the highest proportion of
full-time duties; and
(ii) cumulatively total 20 years.
(3) If a judge continues service in office beyond
the date on which he or she would qualify for
a pension and a higher factor would have
been calculated under subsection (2) if the
judge's period of office had ended on a date
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between that date of qualification and the
date the judge actually resigns or retires, that
higher factor is the factor by which the
pension must be multiplied under
subsection (1).
(4) In this section—
judicial service means the sum of—
(a) all part-time service performed by
the judge calculated by reference
to the proportion of full-time
duties specified by each part-time
service arrangement; and
(b) all full-time service performed by
the judge;
proportion of service means the judicial
service during the relevant period
divided by the relevant period.
Example
Judge A is appointed at the age of 55 and retires after
15 years at the age of 70. Judge A serves a combination of
full-time and part-time service as follows—
(a) first 8 years as a judge is part-time service at 0∙8 of
full-time service;
(b) next 7 years as a judge is full-time service.
At the time of Judge A's retirement, the period that Judge A
served in the office of judge under subsection (2)(a) was
15 years and the proportion of service during that period
was 13∙4 years (i.e. 8 × 0∙8 + 7). In the 10 year period
immediately before Judge A's retirement, the proportion of
service was 9∙4 years (i.e. 3 × 0∙8 + 7).
The proportion of service under subsection (2)(a) is 0∙893
(i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94
(i.e. 9∙4 ÷ 10) and these are the relevant factors.
Subsection (3) does not alter the relevant factor in this case.
The highest proportion of service is 0∙94, which is the
relevant factor. Judge A will therefore receive 94∙0% of a
full judicial pension.".
75
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72 Salaries and allowances of associate judges
(1) In section 17AA(1) of the County Court Act
1958, for "Each" substitute "Subject to subsection
(1A), each".
(2) After section 17AA(1) of the County Court Act
1958 insert—
"(1A) Each associate judge to whom a part-time
service arrangement applies shall be paid a
pro-rata amount of the salary referred to in
subsection (1).".
73 New section 17BA inserted
After section 17B of the County Court Act 1958
insert—
"17BA Effect of part-time service arrangement
on pensions of associate judges
(1) If an associate judge has served under a parttime service arrangement, his or her pension
under section 17B, and any pension payable
in relation to the associate judge's partner or
eligible children under that section, is
reduced by multiplying the amount of the
pension by the relevant factor determined
under subsection (2) or (3).
(2) Subject to subsection (3), the factor for the
purposes of subsection (1) is the highest of—
(a) the proportion of service that occurs
during the period when the associate
judge served in the office of associate
judge;
(b) if the associate judge is eligible for a
pension under section 17B(1)(a), the
proportion of service that occurs within
the 10 year period immediately before
the associate judge's retirement or
resignation;
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(c) if the associate judge is eligible for a
pension under section 17B(1)(aa), the
proportion of service that occurs in the
periods in office that—
(i) involve the highest proportion of
full-time duties; and
(ii) cumulatively total 20 years.
(3) If an associate judge continues service in
office beyond the date on which he or she
would qualify for a pension and a higher
factor would have been calculated under
subsection (2) if the associate judge's period
of office had ended on a date between that
date of qualification and the date the
associate judge actually resigns or retires,
that higher factor is the factor by which the
pension must be multiplied under
subsection (1).
(4) In this section—
judicial service means the sum of—
(a) all part-time service performed by
the associate judge calculated by
reference to the proportion of
full time duties specified by each
part-time service arrangement;
and
(b) all full-time service performed by
the associate judge;
proportion of service means the judicial
service during the relevant period
divided by the relevant period.
Example
Associate Judge A is appointed at the age of 55 and retires
after 15 years at the age of 70. Associate Judge A serves a
combination of full-time and part-time service as follows—
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(a) first 8 years as an associate judge is part-time service at
0∙8 of full-time service;
(b) next 7 years as an associate judge is full-time service.
At the time of Associate Judge A's retirement, the period
that Associate Judge A served in the office of associate
judge under subsection (2)(a) was 15 years and the
proportion of service during that period was 13∙4 years
(i.e. 8 × 0∙8 + 7). In the 10 year period immediately before
Associate Judge A's retirement, the proportion of service
was 9∙4 years (i.e. 3 × 0∙8 + 7).
The proportion of service under subsection (2)(a) is 0∙893
(i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94
(i.e. 9∙4 ÷ 10) and these are the relevant factors.
Subsection (3) does not alter the relevant factor in this case.
The highest proportion of service is 0∙94, which is the
relevant factor. Associate Judge A will therefore receive
94∙0% of a full associate judge's pension.".
Division 4—Amendment of the Magistrates' Court Act 1989
74 Definitions
(1) In section 3(1) of the Magistrates' Court Act
1989 insert the following definitions—
"excluded judicial officer means—
(a) the Chief Magistrate;
(b) a Deputy Chief Magistrate;
(b) a Deputy State Coroner;
part-time service arrangement means an
arrangement entered under section 7A;".
(2) In section 3(1) of the Magistrates' Court Act
1989 the definition of part-time magistrate is
repealed.
75 Appointment of magistrates
(1) Section 7(1A) of the Magistrates' Court Act
1989 is repealed.
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(2) Section 7(8) of the Magistrates' Court Act 1989
is repealed.
(3) For section 7(9) of the Magistrates' Court Act
1989 substitute—
"(9) A magistrate serving under a part-time
service arrangement must not engage in legal
practice.
(9A) Except with the approval of the Chief
Magistrate, a magistrate serving under a parttime service arrangement must not undertake
paid employment or conduct a business,
trade or profession of any kind.
(9B) Except with the approval of the Chief
Magistrate, a magistrate serving under a parttime service arrangement must not hold an
office in any company, trustee company,
incorporated association or other entity,
whether public or private, in respect of
which the magistrate receives
remuneration.".
76 New sections 7A to 7D inserted
After section 7 of the Magistrates' Court Act
1989 insert—
"7A Entry into part-time service arrangement
(1) A magistrate other than an excluded judicial
officer may enter into an arrangement with
the Chief Magistrate to carry out the duties
of magistrate on a part-time basis.
(2) A part-time service arrangement—
(a) must be in writing;
(b) must specify the proportion of full-time
duties to be worked by the magistrate to
whom the part-time service
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Part 3—Amendments Relating to Part-Time Judicial Service
arrangement applies, which must be a
minimum of 0·4 of full-time duties;
(c) may specify an expiry date, but is not
required to do so.
(3) The Chief Magistrate may have regard to the
following factors in considering whether to
enter into a part-time service arrangement—
(a) the operational needs of the court;
(b) the personal and professional
circumstances of the magistrate;
(c) parity and equity with other
magistrates;
(d) any other relevant consideration.
(4) A part-time service arrangement takes effect
from the date agreed by the Chief Magistrate
and the magistrate and specified in the parttime service arrangement.
7B Variation of part-time service
arrangement
(1) A part-time service arrangement may be
varied by agreement between the magistrate
to whom the arrangement applies and the
Chief Magistrate.
(2) A variation of a part-time service
arrangement—
(a) must be in writing;
(b) must specify the proportion of full-time
duties to be worked by the magistrate to
whom the part-time service
arrangement applies, which must be a
minimum of 0·4 of full-time duties.
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(3) The Chief Magistrate may have regard to the
factors referred to in section 7A(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
agreed by the Chief Magistrate and the
magistrate and specified in the written
variation of the part-time service
arrangement.
7C Suspension of part-time service
arrangement
(1) A part-time service arrangement is
suspended if the magistrate to whom the
part-time service arrangement applies is
appointed as any one of the following—
(a) Acting Chief Magistrate;
(b) Acting Deputy Chief Magistrate;
(c) Acting Deputy State Coroner.
(2) A suspension under subsection (1) is for the
period of the acting appointment.
7D Termination of part-time service
arrangement
(1) A part-time service arrangement is
terminated if the magistrate to whom the
part-time service arrangement applies is
appointed as any one of the following—
(a) Chief Magistrate;
(b) Deputy Chief Magistrate;
(b) Deputy State Coroner.
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Part 3—Amendments Relating to Part-Time Judicial Service
(2) A part-time service arrangement may be
terminated by agreement between the
magistrate to whom the arrangement applies
and the Chief Magistrate.".
77 Assignment of duties
Section 13(3) of the Magistrates' Court Act
1989 is repealed.
78 Salaries and allowances of magistrates
(1) Clause 2(b) of Schedule 1 to the Magistrates'
Court Act 1989 is repealed.
(2) In clause 3(b) of Schedule 1 to the Magistrates'
Court Act 1989 for "part-time magistrate"
substitute "magistrate serving under a part-time
service arrangement".
(3) In clause 9 of Schedule 1 to the Magistrates'
Court Act 1989 for "clauses 2(b) and" substitute
"clause".
79 New clause 51B of Schedule 8 inserted
After clause 51A of Schedule 8 to the
Magistrates' Court Act 1989 insert—
"51B Transitional provision—Courts
Legislation Amendment (Judicial
Officers) Act 2013—part-time magistrates
A magistrate who was a part-time magistrate
as defined in section 3(1) immediately before
the repeal of that definition by the Courts
Legislation Amendment (Judicial
Officers) Act 2013, on and from that
repeal—
(a) continues to hold the office of
magistrate; and
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(b) is taken to be serving under a part-time
service arrangement on the same terms
as applied to the magistrate in his or her
capacity as a part-time magistrate.".
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Part 4—Amendment of the Victorian Civil and Administrative Tribunal Act
1998
PART 4—AMENDMENT OF THE VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998
See:
Act No.
53/1998.
Reprint No. 8
as at
24 January
2013
and
amending
Act Nos
11/2010,
83/2012,
5/2013 and
19/2013.
LawToday:
www.
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80 New section 17AA inserted—Victorian Civil and
Administrative Tribunal Act 1998
After section 17 of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"17AA Appropriation of certain amounts in
relation to non-judicial members
The following are to be paid out of the
Consolidated Fund, which is appropriated to
the necessary extent—
(a) the amounts (including the amount of
any non-salary benefits) payable to or
for any non-judicial member; and
(b) premiums and other amounts payable
under the Accident Compensation
(WorkCover Insurance) Act 1993 in
respect of any non-judicial member;
and
(c) payroll tax payable under the Payroll
Tax Act 2007 in respect of wages paid
or payable to any non-judicial member;
and
(d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
any non-judicial member; and
(e) superannuation contributions within the
meaning of the Payroll Tax Act 2007
payable in respect of any non-judicial
member.".
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Part 5—Consequential Amendments and Other Amendments
PART 5—CONSEQUENTIAL AMENDMENTS AND OTHER
AMENDMENTS
Division 1—Children, Youth and Families Act 2005
81 New section 513A inserted
After section 513 of the Children, Youth and
Families Act 2005 insert—
"513A Constitution of Court if magistrate unable
to continue
Despite anything in any Act or the rules, any
power, duty or act which might have been
exercised or performed by the Court
constituted by a magistrate may be exercised
or performed by the Court constituted by any
other magistrate if the Court cannot for any
reason be constituted by that first mentioned
magistrate.".
Division 2—Coroners Act 2008
82 Definitions
In section 3(1) of the Coroners Act 2008, in the
definition of coroner, in paragraph (d) for
"an acting" substitute "a".
83 Section 94 amended
(1) In the heading to section 94 of the Coroners Act
2008, for "Acting" substitute "Appointment of".
(2) In section 94 of the Coroners Act 2008—
(a) in subsection (1) for "acting coroners"
substitute "coroners under this section";
(b) in subsection (2) for "an acting coroner"
substitute "a coroner under this section";
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(c) in subsection (3)—
(i) for "An acting coroner" substitute
"A coroner under this section";
(ii) for "an acting" substitute "a";
(d) in subsection (4)—
(i) for "An acting coroner" substitute
"A coroner under this section";
(ii) omit "acting" where secondly and
thirdly occurring;
(e) in subsection (5), for "An acting coroner"
substitute "A coroner under this section".
84 Delegation from the State Coroner to a registrar
For section 99(2)(e) of the Coroners Act 2008
substitute—
"(e) ordering that a body be released;".
85 New section 101A inserted
After section 101 of the Coroners Act 2008
insert—
"101A Constitution of Coroners Court if coroner
unable to continue and constitution of
Coroners Court in certain circumstances
(1) Despite anything in any Act or the rules, any
power, duty or act which might have been
exercised or performed by the Coroners
Court constituted by a coroner may be
exercised or performed by the Coroners
Court constituted by any other coroner if the
Coroners Court cannot for any reason be
constituted by that first mentioned coroner.
(2) For the avoidance of doubt, for the purpose
of completion of any matter whether under
section 102S or otherwise, the Coroners
Court may be constituted or continue to be
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s. 86
constituted by a reserve coroner who is a
coroner without reconstitution of the Court
despite any interruption in continuity of his
or her tenure, appointment or engagement.".
Division 3—Independent Broad-based Anti-corruption
Commission Act 2011
86 Definitions
In section 3(1) of the Independent Broad-based
Anti-corruption Commission Act 2011, in the
definition of judicial officer—
(a) after paragraph (b) insert—
"(ba) a reserve Associate Judge of the
Supreme Court;";
(b) after paragraph (e) insert—
"(ea) a reserve associate judge of the County
Court;".
See:
Act No.
66/2011.
Reprint No. 1
as at
11 February
2013
and
amending
Act Nos
79/2012,
5/2013 and
28/2013.
LawToday:
www.
legislation.
vic.gov.au
Division 4—Judicial Remuneration Tribunal Act 1995
87 Definitions
In section 3 of the Judicial Remuneration
Tribunal Act 1995, in the definition of reserve
office holder for paragraphs (a) and (b)
substitute—
"(a) in the case of the Supreme Court—
(i) a reserve Judge within the meaning of
the Constitution Act 1975 engaged
under section 81B of that Act to
undertake the duties of a Judge of the
Court;
(ii) a reserve Associate Judge within the
meaning of the Supreme Court Act
1986 engaged under section 105D of
87
See:
Act No.
22/1995.
Reprint No. 1
as at
22 June 2005
and
amending
Act Nos
80/2006,
24/2008,
77/2008,
68/2012 and
5/2013.
LawToday:
www.
legislation.
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Courts Legislation Amendment (Judicial Officers) Act 2013
No.
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Part 5—Consequential Amendments and Other Amendments
that Act to undertake the duties of an
Associate Judge;
(b) in the case of the County Court—
(i) a reserve judge within the meaning of
the County Court Act 1958 engaged
under section 12B of that Act to
undertake the duties of a judge of the
court;
(ii) a reserve associate judge within the
meaning of the County Court Act
1958 engaged under section 17KC of
that Act to undertake the duties of an
associate judge;".
Division 5—Judicial Salaries Act 2004
88 Definitions
See:
Act No.
38/2004.
Reprint No. 1
as at
20 May 2010
and
amending
Act Nos
34/2010 and
5/2013.
LawToday:
www.
legislation.
vic.gov.au
In section 3(1) of the Judicial Salaries Act 2004
insert the following definitions—
"reserve associate judge of the County Court
means a reserve associate judge within the
meaning of the County Court Act 1958;
reserve Associate Judge of the Supreme Court
means a reserve Associate Judge within the
meaning of the Supreme Court Act 1986;".
89 Salaries of other judicial officers and remuneration
of acting magistrates (2004 to 2005)
In section 4 of the Judicial Salaries Act 2004,
subsections (2), (3) and (4) are repealed.
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90 Salaries of other judicial officers and remuneration
of reserve magistrates (2005 onwards)
(1) In section 6 of the Judicial Salaries Act 2004—
(a) subsections (2A), (2B), (3) and (3AA) are
repealed;
(b) in subsection (4) for "acting magistrates"
substitute "reserve judges, reserve associate
judges and reserve magistrates".
(2) For section 6(3AAB) of the Judicial Salaries Act
2004 substitute—
"(3AAB) A reserve Judge of the Supreme Court
performing the duties of a Judge on a
sessional basis is entitled to be paid from
time to time remuneration at the rate per
sitting day which is—
(a) in the case of a reserve Judge referred
to in section 81F(3)(a) of the
Constitution Act 1975, 1/235th of the
annual salary of a Judge of Appeal
(other than the Chief Justice and the
President of the Court of Appeal) who
is not a reserve Judge; and
(b) in any other case, 1/235th of the annual
salary of a Judge of the Supreme Court
who is not a reserve Judge.".
(3) After section 6(3AAD) of the Judicial Salaries
Act 2004 insert—
"(3AAE) A reserve Associate Judge of the Supreme
Court performing the duties of an Associate
Judge on a sessional basis is entitled to be
paid from time to time remuneration at the
rate per sitting day which is—
(a) in the case of a reserve Associate Judge
referred to in section 83B(3)(a) of the
Constitution Act 1975, 1/235th of the
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annual salary of an Associate Judge
who is the Senior Master who is not a
reserve Associate Judge; and
(b) in any other case, 1/235th of the annual
salary of a General Supreme Court
Master.
(3AAF) A reserve associate judge of the County
Court performing the duties of an associate
judge on a sessional basis is entitled to be
paid from time to time remuneration at the
rate per sitting day which is 1/235th of the
annual salary of an associate judge of the
County Court who is not a reserve associate
judge.".
91 Allowances of judicial officers
In section 7(2) of the Judicial Salaries Act
2004—
(a) after paragraph (a) insert—
"(ab) a reserve Associate Judge of the
Supreme Court; or";
(b) after paragraph (b) insert—
"(ba) a reserve associate judge of the County
Court; or".
92 Transitional—remuneration of acting magistrates
before 1 May 2005
Section 7A of the Judicial Salaries Act 2004 is
repealed.
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Part 5—Consequential Amendments and Other Amendments
s. 93
Division 6—Ombudsman Act 1973
93 Definitions—Ombudsman Act 1973
In section 2(1) of the Ombudsman Act 1973, the
definition of acting coroner is repealed.
94 Exempt persons and bodies—Schedule 2 to the
Ombudsman Act 1973
In clause 7 of Schedule 2 to the Ombudsman Act
1973—
(a) after paragraph (c) insert—
"(ca) a reserve Associate Judge within the
meaning of the Supreme Court Act
1986;";
(b) after paragraph (g) insert—
"(ga) a reserve associate judge within the
meaning of the County Court Act
1958;";
(c) for paragraph (l) substitute—
"(l) a coroner;
(la) a reserve coroner within the meaning of
the Coroners Act 2008;".
91
See:
Act No.
8414.
Reprint No. 9
as at
11 February
2013
and
amending
Act No.
5/2013.
LawToday:
www.
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Courts Legislation Amendment (Judicial Officers) Act 2013
No.
of 2013
s. 95
Part 5—Consequential Amendments and Other Amendments
Division 7—Protected Disclosure Act 2012
95 Definitions
See:
Act No.
85/2012
and
amending
Act Nos
82/2012,
85/2012 and
5/2013.
LawToday:
www.
legislation.
vic.gov.au
(1) In section 3 of the Protected Disclosure Act
2012, the definition of acting coroner is repealed.
(2) In section 3 of the Protected Disclosure Act 2012
in the definition of judicial officer—
(a) after paragraph (c) insert—
"(ca) a reserve Associate Judge within the
meaning of the Supreme Court Act
1986;";
(b) after paragraph (g) insert—
"(ga) a reserve associate judge within the
meaning of the County Court Act
1958;";
(c) for paragraph (l) substitute—
"(l) a coroner;
(la) a reserve coroner within the meaning of
the Coroners Act 2008;".
Division 8—Public Administration Act 2004
See:
Act No.
108/2004.
Reprint No. 4
as at
1 July 2013.
LawToday:
www.
legislation.
vic.gov.au
96 Public Administration Act 2004—Schedule 1A
In Schedule 1A to the Public Administration Act
2004—
(a) in clause 2(c) after "Court" insert "or a
reserve Associate Judge within the meaning
of the Supreme Court Act 1986";
(b) in clause 2(d) after "Court" insert "or a
reserve associate judge within the meaning
of the County Court Act 1958".
__________________
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Part 6—Repeal of Amending Act
PART 6—REPEAL OF AMENDING ACT
97 Repeal of amending Act
This Act is repealed on 1 February 2015.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Constitution Act 1975, the Supreme Court Act 1986, the County
Court Act 1958 and the Magistrates' Court Act 1989 to provide for
part-time judicial service, to provide for the office of reserve associate
judge and reserve coroner and further provide for reserve judges and
reserve magistrates, to amend the Victorian Civil and Administrative
Tribunal Act 1998 in relation to remuneration of non-judicial members,
to consequentially amend other Acts and for other purposes."
By Authority. Government Printer for the State of Victoria.
94