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Court Services Victoria Bill 2013

TABLE OF PROVISIONSClause Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 13 Definitions 24 Object 4

PART 2—COURT SERVICES VICTORIA 5

5 Court Services Victoria 56 Official seal 57 Court Services Victoria represents the Crown 58 Function of the Court Services Victoria 69 Powers of Court Services Victoria 6

PART 3—THE COURTS COUNCIL 7

Division 1—Establishment and functions and powers of the Courts Council 7

10 Establishment of the Courts Council 711 Functions and powers of the Courts Council 7

Division 2—Members of the Courts Council 8

12 Membership of the Courts Council 813 Judicial member of Courts Council may nominate person to

act in his or her absence 814 Appointed members of Courts Council 9

Division 3—Procedures and decisions of the Courts Council 10

15 Procedures of the Courts Council 1016 Decisions which may be incompatible with integrity of a

jurisdiction or functions of the Supreme Court 11

Division 4—Governance principles 11

17 Duties of the members of the Courts Council 1118 Duties of Council 1219 Committees 13

PARLIAMENT OF VICTORIA

571098B.AB-13/12/2013 BILL LA AMENDED 13/12/20131

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20 Application of provisions of Part 5 of the Public Administration Act 2004 13

Division 5—General 14

21 Protection from liability 14

PART 4—STAFF OF COURT SERVICES VICTORIA 15

Division 1—Chief Executive Officer 15

22 Appointment of Chief Executive Officer 1523 Vacancy 1524 Removal from office 1625 Functions and powers 1626 Chief Executive Officer has functions of public service body

Head 1727 Chief Executive Officer is accountable officer 1728 Delegation 1729 Acting Chief Executive Officer 17

Division 2—Court Chief Executive Officers 18

30 Appointment of Court Chief Executive Officers 1831 Vacancy 1932 Removal from office 1933 Functions and powers 1934 Acting Court Chief Executive Officer 2035 Employment prior to commencement 21

Division 3—Other staff of Court Services Victoria 21

36 Employees other than judicial employees 2137 Application of Part 3 of the Public Administration Act 2004 2238 Transfer of staff performing internal administration of

jurisdiction 2239 Use of services of other employees 22

PART 5—ANNUAL REPORT AND BUDGET 23

40 Annual report—Additional requirements 2341 Budget 23

PART 6—GENERAL 25

42 Regulations 25

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PART 7—TRANSITIONAL PROVISIONS 26

Division 1—Transfer of staff 26

43 Transfer of staff employed under Part 3 of the Public Administration Act 2004 26

44 Transfer of judicial employees 2645 Transfer does not affect employment continuity 26

Division 2—Transfer of assets and liabilities 27

46 Definitions 2747 Appointed day 2848 Preparation of allocation statement 2849 Property transferred to Court Services Victoria 2950 Allocation of property etc. subject to encumbrances 2951 Substitution of party to agreement 3052 Proceedings 3053 DOJ instruments 3054 Registrar of Titles to make necessary recordings 3155 Taxes 3156 Evidence 3157 Validity of things done under this Division 32

Division 3—Management of Crown Land 32

58 Vesting of management of Crown land in Court Services Victoria 32

PART 8—CONSEQUENTIAL AMENDMENTS 35

Division 1—Amendment of Public Administration Act 2004 35

59 Definitions 3560 Who are employers for the purposes of this Division? 3561 Employment of judicial employees 3662 Termination of employment as judicial employee 36

Division 2—Amendment of Financial Management Act 1994 36

63 Definitions 3664 Appropriation of certain revenue and asset proceeds 3765 New section 31A inserted 37

31A Transfer between items of Court Services Victoria appropriation 37

Division 3—Amendment of Freedom of Information Act 1982 38

66 Definitions 3867 New section 29B inserted 38

29B Documents of Court Services Victoria 38

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Division 4—Amendment of Independent Broad-based Anti-corruption Commission Act 2011 39

68 Definitions of public body, public officer and public sector 39

Division 5—Amendment of Ombudsman Act 1973 39

69 Definitions 3970 New section 13AC inserted 40

13AC Court Services Victoria 4071 Amendment of Schedule 2 41

Division 6—Amendment of other Acts 42

72 Amendment of section 17 of Magistrates' Court Act 1989 4273 Repeal of section 136A of Magistrates' Court Act 1989 4274 Amendment of section 97 of Coroners Act 2008 4275 Amendment of section 106 of Supreme Court Act 1986 4376 Amendment of section 32 of the Victorian Civil and

Administrative Tribunal Act 1998 43

Division 7—Repeal 44

77 Repeal of Part 44═══════════════

ENDNOTES 45

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A Bill for an Act to establish Court Services Victoria and for other purposes.

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose

The main purpose of this Act is to establish Court Services Victoria.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 July 2014, it comes into operation on that day.

3 Definitions

In this Act—

Introduced in the AssemblyAmended in the Assembly on 12 December 2013



PARLIAMENT OF VICTORIAs. 3

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appointed member, of the Courts Council, means a member of the Courts Council appointed under section 14;

Auditor-General means the Auditor-General appointed under section 94A of the Constitution Act 1975;

Chief Executive Officer means the Chief Executive Officer of Court Services Victoria appointed under section 22;

Court Chief Executive Officer means a Court Chief Executive Officer appointed for a jurisdiction under section 30;

Court Services Victoria means Court Services Victoria established under section 5;

Courts Council means the Courts Council established under section 10;

head of a jurisdiction means—

(a) in the case of the Supreme Court, the Chief Justice;

(b) in the case of the County Court, the Chief Judge;

(c) in the case of the Magistrates' Court, the Chief Magistrate;

(d) in the case of the Children's Court, the President of the Children's Court;

(e) in the case of the Coroners Court, the State Coroner;

(f) in the case of VCAT, the President of VCAT;

Judicial College of Victoria means the Judicial College of Victoria established under section 4 of the Judicial College of Victoria Act 2001;

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judicial employee means a person employed under Division 3 of Part 6 of the Public Administration Act 2004;

judicial member, of the Courts Council, means a member of the Courts Council referred to in section 12(2) or a nominee of that member;

jurisdiction means—

(a) the Supreme Court; or

(b) the County Court; or

(c) the Magistrates' Court; or

(d) the Children's Court; or

(e) the Coroners Court; or

(f) VCAT;

member of the staff, of Court Services Victoria, means—

(a) the Chief Executive Officer; or

(b) a Court Chief Executive Officer; or

(c) a person employed under section 36; or

(d) a judicial employee; or

(e) the chief executive officer of the Judicial College of Victoria; or

(f) a person employed under section 16(2) of the Judicial College of Victoria Act 2001;

State Services Authority means the State Services Authority established under section 37 of the Public Administration Act 2004.

4 Object

The object of this Act is to support judicial independence in the administration of justice in Victoria by establishing a body (Court Services

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s. 3s. 4

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Victoria) to provide the administrative services and facilities necessary for the Victorian courts and VCAT to operate independently of the direction of the executive branch of government.

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PART 2—COURT SERVICES VICTORIA

5 Court Services Victoria

(1) Court Services Victoria is established.

(2) Court Services Victoria—

(a) is a body corporate with perpetual succession; and

(b) has an official seal; and

(c) may sue and be sued; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

6 Official seal

(1) The official seal of Court Services Victoria must—

(a) be kept in custody as directed by the Courts Council; and

(b) not be used except as authorised by the Courts Council.

(2) All courts and tribunals must take judicial notice of the seal of Court Services Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

7 Court Services Victoria represents the Crown

(1) In performing its functions and exercising its powers, Court Services Victoria represents the Crown.

(2) Nothing in subsection (1) detracts from the independence of Court Services Victoria from the direction of the executive branch of government.

s. 5Part 8—Consequential Amendments



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8 Function of the Court Services Victoria

The function of Court Services Victoria is to provide, or arrange for the provision of, the administrative services and facilities necessary or desirable—

(a) to support the performance of the judicial, quasi-judicial and administrative functions of—

(i) the Supreme Court; and

(ii) the County Court; and

(iii) the Magistrates' Court; and

(iv) the Children's Court; and

(v) the Coroners Court; and

(vi) VCAT; and

(b) to enable the Judicial College of Victoria to perform its functions.

9 Powers of Court Services Victoria

Subject to this Act, Court Services Victoria has the power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its function.

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PART 3—THE COURTS COUNCIL

Division 1—Establishment and functions and powers of the Courts Council

10 Establishment of the Courts Council

(1) The Courts Council is established.

(2) The Courts Council—

(a) is the governing body of Court Services Victoria; and

(b) has the general direction and superintendence of Court Services Victoria; and

(c) subject to this Act, may perform the function and exercise the powers of Court Services Victoria.

11 Functions and powers of the Courts Council

In addition to the performance of the function and the exercise of the powers of Court Services Victoria, the Courts Council has the following functions and powers—

(a) to direct the strategy, governance and risk management of Court Services Victoria;

(b) to appoint, in accordance with this Act—

(i) the Chief Executive Officer of Court Services Victoria; and

(ii) a Court Chief Executive Officer for each jurisdiction;

(c) any other functions and powers conferred on it by or under this or any other Act.




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Division 2—Members of the Courts Council

12 Membership of the Courts Council

(1) The Courts Council consists of—

(a) the judicial members of the Courts Council; and

(b) up to 2 other members appointed under section 14.

(2) The judicial members of the Courts Council are—

(a) the Chief Justice;

(b) the Chief Judge;

(c) the Chief Magistrate;

(d) the President of the Children's Court;

(e) the State Coroner;

(f) the President of VCAT.

(3) The Chief Justice is the Chair of the Courts Council.

13 Judicial member of Courts Council may nominate person to act in his or her absence

(1) A person nominated by a judicial member of the Courts Council (the nominee of that member) may act as a judicial member of the Courts Council in the absence of the judicial member.

(2) The nominee of a judicial member of the Courts Council must be—

(a) in the case of the nominee of the President of VCAT—a Vice President or Deputy President of VCAT; or

(b) in the case of the nominee of any other judicial member—a judicial officer of the jurisdiction of that member.




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(3) While a nominee is acting in the absence of a judicial member of the Courts Council—

(a) the nominee may exercise any of the powers or functions of the judicial member; and

(b) a reference in this Division to the judicial member of the Courts Council is to read as a reference to the nominee.

14 Appointed members of Courts Council

(1) A majority of the judicial members of the Courts Council may appoint up to 2 other persons as members of the Courts Council.

(2) A person appointed as a member under subsection (1) must have relevant experience or qualifications in finance, administration or management.

(3) A majority of the judicial members of the Courts Council may suspend or remove an appointed member of the Courts Council if satisfied that the member—

(a) is mentally or physically incapable of satisfactorily carrying out his or her functions as a member of the Courts Council; or

(b) is guilty of improper conduct in carrying out his or her functions as a member of the Courts Council; or

(c) has failed to attend 4 consecutive meetings of the Courts Council without reasonable excuse; or

(d) has engaged in improper conduct of a nature or seriousness that is incompatible with the person continuing to hold office as a member of the Courts Council; or




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(e) is otherwise in serious and sufficient breach of the governance principles set out in Division 4 to justify his or her suspension or removal as a member of the Courts Council.

(4) An appointed member may resign from the Courts Council by written notice delivered to the Courts Council or the Chief Justice.

Division 3—Procedures and decisions of the Courts Council

15 Procedures of the Courts Council

(1) The Courts Council must meet at least 4 times in each calendar year.

(2) If requested to do so by a judicial member of the Courts Council, the Chair must convene a meeting of the Courts Council for the purpose of considering any matter raised by the judicial member.

(3) A quorum for a meeting of the Courts Council is the presence of 4 Council members one of whom must be the Chief Justice.

(4) Subject to section 16(2), a question arising at a meeting of the Courts Council is decided by a majority of votes of the members present and voting on the question.

(5) In the event of the vote on a question being tied, the Chair has a casting vote in addition to a deliberative vote.

(6) Subject to this Act, the Courts Council may regulate its own procedures and those of any committee formed by the Courts Council.




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16 Decisions which may be incompatible with integrity of a jurisdiction or functions of the Supreme Court

(1) If the Chief Justice is of the opinion that a proposed decision of a meeting of the Courts Council is incompatible with, or would substantially impair or detract from—

(a) the institutional integrity of a jurisdiction; or

(b) the capacity of the Supreme Court to function as the Supreme Court of the State—

the Chief Justice must inform the Courts Council accordingly.

(2) The Courts Council may not make the decision if, after the subject matter of the decision has been discussed at a meeting of the Courts Council, the Chief Justice remains of the opinion that the decision is incompatible with, or would substantially impair or detract from—

(a) the institutional integrity of a jurisdiction; or

(b) the capacity of the Supreme Court to function as the Supreme Court of the State.

(3) If subsection (2) applies, the Chief Justice must provide to the Courts Council a written statement giving the reasons for his or her opinion and that statement must be included in the minutes of the meeting.

Division 4—Governance principles

17 Duties of the members of the Courts Council

(1) A member of the Courts Council must at all times in the exercise of the functions of his or her office act—

(a) with appropriate care, diligence and integrity; and




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(b) in compliance with this Act and the regulations made under this Act.

(2) A member of the Courts Council must not give to any other person, whether directly or indirectly, any information acquired by him or her by reason of being a member of the Courts Council, except to the extent necessary—

(a) to exercise functions under this or any other Act; or

(b) to give any information that he or she is expressly authorised, permitted or required to give under this or any other Act.

(3) A member of the Courts Council must not improperly use his or her position, or any information acquired by him or her by reason of his or her position, to—

(a) gain an advantage for himself or herself or another person; or

(b) cause detriment to Court Services Victoria.

18 Duties of Council

(1) The Courts Council must act consistently with the function and objects of Court Services Victoria.

(2) The Courts Council must take into account any business, corporate or strategic plan when making decisions in respect of the provision of administrative services and facilities to each jurisdiction.

(3) The Courts Council must ensure that adequate procedures are in place for the effective operation of the Courts Council.




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19 Committees

(1) The Courts Council may form or dissolve committees and define their functions, membership and procedures.

(2) The membership of a committee is not restricted to members of the Courts Council.

(3) The Courts Council, by instrument, may delegate to the members of a committee who are members of the Courts Council any of its functions, except this power of delegation.

20 Application of provisions of Part 5 of the Public Administration Act 2004

(1) The Courts Council may determine, in writing, that Court Services Victoria is to be bound by any or all of the provisions of Division 4 of Part 5 of the Public Administration Act 2004, as if it were a public entity within the meaning of that Act.

(2) A determination may specify that the provision is to apply with the modification specified in the determination.

(3) If a determination is made, the provision applies to Court Services Victoria with any modification specified in the determination.

(4) The Courts Council may from time to time vary a determination made under subsection (1).

(5) A copy of a determination, or a variation to a determination, made under this section must be given to the Premier within a reasonable time after it is made.




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Division 5—General

21 Protection from liability

(1) A member of the Courts Council is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function under this Act or the regulations made under this Act; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act or the regulations made under this Act.

(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to a member of the Courts Council attaches instead to Court Services Victoria.

(3) When exercising a power or performing a function under this Act or the regulations made under this Act in his or her capacity as a member of the Courts Council, a judicial member of the Courts Council has the same immunity and protection that would apply to the member in the performance or exercise of an administrative function or power conferred on the member in his or her capacity as a Judge, Magistrate, Coroner or judicial member of VCAT (as the case may be).Note

See section 24D of the Supreme Court Act 1986, section 9A of the County Court Act 1958, section 14 of the Magistrates' Court Act 1989, section 512 of the Children, Youth and Families Act 2005, section 101(1) of the Coroners Act 2008 and section 143(1) of the Victorian Civil and Administrative Tribunal Act 1998.

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PART 4—STAFF OF COURT SERVICES VICTORIA

Division 1—Chief Executive Officer

22 Appointment of Chief Executive Officer

(1) The Courts Council must appoint a person as Chief Executive Officer of Court Services Victoria.

(2) The appointment is to be an executive appointment under Part 3 of the Public Administration Act 2004.

(3) Subject to subsection (5), the appointment is on the terms and conditions (including remuneration and allowances) fixed by the Courts Council.

(4) The Chief Executive Officer—

(a) holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment; and

(b) is eligible for re-appointment for a further term or terms.

(5) In fixing the remuneration of the Chief Executive Officer, the Courts Council must comply with any guidelines issued by the State in relation to executive remuneration for public entities in the public sector.

23 Vacancy

The Chief Executive Officer ceases to hold office if he or she—

(a) becomes an insolvent under administration; or

(b) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or




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(c) resigns by writing delivered to the Courts Council; or

(d) is removed from office under section 24.

24 Removal from office

The Courts Council may remove the Chief Executive Officer from office on any of the following grounds—

(a) misconduct;

(b) neglect of duty;

(c) inability to perform the duties of the office;

(d) any other ground on which the Courts Council is satisfied that the Chief Executive Officer is unfit to hold office.

25 Functions and powers

(1) The functions of the Chief Executive Officer include—

(a) the management of the support service and functions of Court Services Victoria in accordance with the strategy, plans, procedures and policies of the Courts Council;

(b) the appointment and management of the members of the staff of Court Services Victoria, other than the appointment of the Court Chief Executive Officers.

(2) The Chief Executive Officer has the power to do all things that are necessary or convenient to be done to perform his or her functions.

(3) In performing his or her functions or exercising his or her powers, the Chief Executive Officer must comply with any directions of the Courts Council.




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26 Chief Executive Officer has functions of public service body Head

For the purposes of Part 3 of the Public Administration Act 2004, the Chief Executive Officer has all the functions of a public service body Head in relation to all members of the staff of Court Services Victoria other than judicial employees.

Note

Under Division 3 of Part 6 of the Public Administration Act 2004, the Chief Executive Officer may exercise the powers of an employer under that Part in relation to judicial employees.

27 Chief Executive Officer is accountable officer

For the purposes of section 42 of the Financial Management Act 1994, the Chief Executive Officer is the accountable officer for Court Services Victoria.

Note

As the accountable officer, the Chief Executive Officer is required to prepare a report of operation and financial statements of Court Services Victoria for each financial year under Part 7 of the Financial Management Act 1994.

28 Delegation

The Chief Executive Officer, by instrument, may delegate to another member of the staff of Court Services Victoria any of his or her functions and powers other than this power of delegation.

29 Acting Chief Executive Officer

(1) The Courts Council may appoint a person to act in the office of the Chief Executive Officer—

(a) during a vacancy in that office; or




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(b) during a period or all periods when the person holding that office—

(i) is absent from duty; or

(ii) for any other reason, is unable to exercise the functions of that office.

(2) An appointment under subsection (1) is—

(a) on the terms and conditions fixed by the Courts Council; and

(b) for the period, not exceeding 12 months, specified in the instrument of appointment.

Division 2—Court Chief Executive Officers

30 Appointment of Court Chief Executive Officers

(1) For each jurisdiction, the Courts Council must appoint a person, nominated by the head of that jurisdiction, as Court Chief Executive Officer.

(2) Subject to subsection (4), the appointment is on the terms and conditions (including remuneration and allowances) fixed by the Courts Council.

(3) A Court Chief Executive Officer—

(a) holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment; and

(b) is eligible for re-appointment for a further term or terms.

(4) In fixing the remuneration of a Court Chief Executive Officer, the Courts Council must comply with any guidelines issued by the State in relation to executive remuneration for public entities in the public sector.




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31 Vacancy

A Court Chief Executive Officer ceases to hold office if he or she—

(a) becomes an insolvent under administration; or

(b) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(c) resigns by writing delivered to the Courts Council; or

(d) is removed from office under section 32.

32 Removal from office

The Courts Council may remove a Court Chief Executive Officer from office—

(a) on the recommendation of the head of the relevant jurisdiction; or

(b) on any of the following grounds—

(i) misconduct;

(ii) neglect of duty;

(iii) inability to perform the duties of the office;

(iv) any other ground on which the Courts Council is satisfied that the Court Chief Executive Officer is unfit to hold office.

33 Functions and powers

(1) The functions of a Court Chief Executive Officer include—

(a) the management of the administrative support services of the relevant jurisdiction, including providing support to the head of the relevant jurisdiction; and




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(b) ensuring that appropriate administration and support services are provided to the relevant jurisdiction and thereby contributing to the management and administration of the operations of Court Services Victoria.

(2) In performing his or her functions, a Court Chief Executive Officer is responsible to, and must comply with any directions given by—

(a) the head of the relevant jurisdiction in relation to the operation of that jurisdiction; and

(b) the Chief Executive Officer in relation to all other matters.

34 Acting Court Chief Executive Officer

(1) The Courts Council may appoint a member of the staff of Court Services Victoria to act in the office of a Court Chief Executive Officer—

(a) during a vacancy in that office; or

(b) during a period or all periods when the person holding that office—

(i) is absent from duty; or

(ii) for any other reason, is unable to exercise the functions of that office.

(2) The person appointed must be a person nominated by the head of the relevant jurisdiction.

(3) An appointment under subsection (1) is—

(a) on the terms and conditions fixed by the Courts Council; and

(b) for the period, not exceeding 12 months, specified in the instrument of appointment.




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35 Employment prior to commencement

(1) If a person who is appointed to the office of Chief Executive Officer or Court Chief Executive Officer was employed under Part 3 of the Public Administration Act 2004 immediately before that appointment, the person's term of office as the Chief Executive Officer or as a Court Chief Executive Officer (as the case may be) is taken to be service under Part 3 of that Act for the purposes of any benefits and entitlements that would accrue because of that service.

(2) If a person who is appointed to the office of Chief Executive Officer or Court Chief Executive Officer was an officer within the meaning of the State Superannuation Act 1988 immediately before that appointment, the person continues to be such an officer during his or her term of office as the Chief Executive Officer or as a Court Chief Executive Officer (as the case may be).

Division 3—Other staff of Court Services Victoria

36 Employees other than judicial employees

(1) Any employees, other than judicial employees, that are necessary to enable Court Services Victoria to perform its function may be employed under Part 3 of the Public Administration Act 2004.Note

Judicial employees may be employed under Division 3 of Part 6 of the Public Administration Act 2004.

(2) Section 8 of the Public Administration Act 2004 applies in relation to the employment of employees referred to in subsection (1) as if the reference to public sector body Heads included a reference to the Chief Executive Officer.




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37 Application of Part 3 of the Public Administration Act 2004

A provision of Part 3 of the Public Administration Act 2004 does not apply to Court Services Victoria to the extent that—

(a) the provision is inconsistent with a provision of this Act; or

(b) the provision provides for the control, supervision or direction by the Premier, a Minister or any other person or body representing the executive branch of government in relation to Court Services Victoria.

38 Transfer of staff performing internal administration of jurisdiction

The Chief Executive Officer must not exercise a power in relation to the transfer of staff that directly affects staff employed in performing the administrative duties of a jurisdiction unless the Chief Executive Officer has the agreement of the head of that jurisdiction.

39 Use of services of other employees

The Chief Executive Officer may enter into agreements or arrangements for the use of the services of any employee of a Department, statutory authority or other public body.

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PART 5—ANNUAL REPORT AND BUDGET

40 Annual report—Additional requirements

In addition to the requirements under section 45 of the Financial Management Act 1994, the report of operations of Court Services Victoria for a financial year must include—

(a) the budget allocated to each jurisdiction for the provision of administrative services and facilities, including details of any alteration to the budget allocations; and

(b) details of the administrative services and facilities provided by Court Services Victoria to the courts or VCAT.

Note

The annual report of Court Services Victoria is in addition to any annual report required under another Act to be prepared by an individual jurisdiction.

41 Budget

(1) Before the end of each financial year, the Courts Council must prepare and submit to the Attorney-General a budget for the forthcoming year.

(2) When requested to do so by the Attorney-General, the Courts Council must prepare and submit to the Attorney-General a budget for the period determined by the Attorney-General.

(3) A budget prepared under subsection (1) or (2) must—

(a) be in the form and include the information specified by the Attorney-General; and

(b) provide estimates of receipts and expenditure for Court Services Victoria together with separate estimates of receipts and expenditure for each jurisdiction and for the Judicial College of Victoria.




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(4) The Attorney-General may approve a budget submitted to him or her under subsection (1) or (2) with or without modification.

(5) Subject to subsection (6), the Courts Council may prepare and submit to the Attorney-General proposed changes to the budget approved by the Attorney-General under subsection (4).

(6) The Courts Council must not propose a change under subsection (5) that would reduce the budget of a jurisdiction or the Judicial College of Victoria without the approval of the head of that jurisdiction or the approval of the board of the Judicial College of Victoria (as the case may be).

(7) The Attorney-General may approve a change to an approved budget submitted to him or her under subsection (5) with or without modification.

(8) The Courts Council must use its best endeavours to act consistently with the budget approved by the Attorney-General from time to time, including any changes to the budget approved under subsection (7).

(9) The Courts Council must not expend money or incur a liability unless provision for the expenditure or liability is made in the budget approved by the Attorney-General.

(10) This section is in addition to any requirements under the Financial Management Act 1994.

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PART 6—GENERAL

42 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) the information to be included in an annual report of Court Services Victoria; and

(b) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstances; and

(c) confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies.

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PART 7—TRANSITIONAL PROVISIONS

Division 1—Transfer of staff

43 Transfer of staff employed under Part 3 of the Public Administration Act 2004

(1) On or after the day section 5 comes into operation, the Premier may, in writing, declare that any court services employee is transferred from the Department of Justice to Court Services Victoria on terms and conditions of employment that are no less favourable overall.

(2) On the making of a declaration under subsection (1), the transfer is taken to have taken place.

(3) A declaration under subsection (1) may be made in respect of an individual employee or a group of employees.

(4) In this section—

court services employee means any employee of the Department of Justice necessary to carry out, or support the carrying out of, a function that is to be transferred from the Department of Justice to Court Services Victoria.

44 Transfer of judicial employees

On the day section 5 comes into operation all judicial employees are transferred from the Department of Justice to Court Services Victoria on terms and conditions of employment that are no less favourable overall.

45 Transfer does not affect employment continuity

(1) A transfer under section 43 or 44 does not constitute a resignation or termination of employment and the post-transfer service is to be regarded as continuous with the pre-transfer service.




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(2) A person transferred under section 43 or 44 who was an officer within the meaning of the State Superannuation Act 1988 immediately before the transfer continues to be such an officer after the transfer.

Division 2—Transfer of assets and liabilities

46 Definitions

In this Division—

allocation statement means a statement that is agreed to by the Attorney-General under section 48;

appointed day, in relation to an allocation statement, means a day fixed under section 47 for the purposes of that statement;

DOJ instrument means an instrument subsisting immediately before the appointed day—

(a) to which the Secretary was a party; or

(b) that was given in favour of the Secretary; or

(c) that refers to the Secretary or the Department of Justice; or

(d) under which—

(i) money is or may become payable to or by the Secretary or the Department of Justice; or

(ii) other property is to be or may become liable to be transferred to or by the Secretary or the Department of Justice.




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former DOJ property means property, rights or liabilities of the State that, under this Division, have vested in or become property, rights or liabilities of Court Services Victoria;

instrument includes a document and an oral agreement;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in personal property of any description;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

Secretary means the Secretary to the Department of Justice.

47 Appointed day

The Attorney-General may, by notice in the Government Gazette, fix a day as the appointed day for the purposes of an allocation statement.

48 Preparation of allocation statement

(1) The Secretary and the Chief Executive Officer may from time to time prepare a statement of property, rights and liabilities of the State that are to be assigned to Court Services Victoria.

(2) A statement under this section must be agreed to by the Courts Council.

(3) A statement that is agreed to by the Courts Council must be provided to the Attorney-General for agreement.




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(4) The Attorney-General may agree to the statement if he or she is satisfied that the property, rights and liabilities to be assigned relate to—

(a) the courts, VCAT or the Judicial College of Victoria; or

(b) the services or the staff of the courts, VCAT or the Judicial College of Victoria.

49 Property transferred to Court Services Victoria

On the appointed day for an allocation statement—

(a) all property and rights of the State that are allocated to Court Services Victoria under the allocation statement, vest in Court Services Victoria; and

(b) all liabilities of the State that are allocated to Court Services Victoria under the allocation statement, become liabilities of Court Services Victoria.

50 Allocation of property etc. subject to encumbrances

Unless an allocation statement otherwise provides, where, under this Division, property and rights vest in Court Services Victoria or liabilities become liabilities of Court Services Victoria—

(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(b) the rights to which the State was entitled in respect of those liabilities immediately before they became liabilities of Court Services Victoria, vest in Court Services Victoria.




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51 Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of the State under an agreement are allocated to Court Services Victoria—

(a) Court Services Victoria becomes, on the appointed day, a party to the agreement in place of the State; and

(b) on and after the appointed day, the agreement has effect as if Court Services Victoria had always been a party to the agreement.

52 Proceedings

If, immediately before the appointed day for an allocation statement, proceedings relating to former DOJ property (including arbitration proceedings) allocated to Court Services Victoria under the allocation statement, to which the Secretary or the State was a party, were pending or existing in any court or tribunal, then, on and after that date, Court Services Victoria is substituted for the Secretary or the State as a party to the proceedings and has the same rights in the proceedings as the Secretary or the State had.

53 DOJ instruments

Each DOJ instrument relating to former DOJ property allocated under an allocation statement continues to have effect according to its tenor on and after the appointed day for that statement as if a reference in the instrument to the Secretary, the Department of Justice or the State were a reference to Court Services Victoria.




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54 Registrar of Titles to make necessary recordings

On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Division.

55 Taxes

No duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the State.

56 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the State in relation to former DOJ property if this Division had not been enacted, is admissible for or against the interests of Court Services Victoria.

(2) The Evidence Act 2008 applies with respect to the books of account of the Department of Justice and to entries made in those books of account before the appointed day for an allocation statement, to the extent that they relate to former DOJ property allocated to Court Services Victoria under the statement, as if those books of account and entries were business records.




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57 Validity of things done under this Division

(1) Nothing effected by this Division or done or suffered under this Division—

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any person in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d) releases any surety or other obligor wholly or in part from any obligation.

(2) In this section, Act does not include the Charter of Human Rights and Responsibilities Act 2006.

Division 3—Management of Crown Land

58 Vesting of management of Crown land in Court Services Victoria

(1) The Governor in Council may, on the recommendation of the Attorney-General, by Order published in the Government Gazette—

(a) divest the management of specified Crown land from a person or body; and




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(b) vest the management of the land in Court Services Victoria.

(2) The Attorney-General must not make a recommendation under subsection (1) unless the Attorney-General is satisfied that the land is being or is to be used by or for the purposes of a court or VCAT or Court Services Victoria.

(3) An Order under subsection (1) takes effect on the date specified in the Order.

(4) Without limiting subsection (1), if the land specified in an Order is reserved Crown land with a committee of management, then—

(a) on the Order taking effect, the committee of management is abolished; and

(b) on and from the Order taking effect, Court Services Victoria is taken to be the committee of management of the land within the meaning of the Crown Land (Reserves) Act 1978.

(5) Without limiting subsection (1), if the land specified in an Order is reserved Crown land managed by the Secretary under an agreement under section 18B of the Crown Land (Reserves) Act 1978, then—

(a) on the Order taking effect—

(i) the Secretary ceases to be the manager of the land; and

(ii) Court Services Victoria becomes a party to the agreement in place of the Secretary; and

(b) on and from the Order taking effect, the agreement has effect as if Court Services Victoria had always been a party to the agreement.




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(6) An Order under this section may include provisions of a saving or transitional nature consequent on the making of the Order, including provisions providing for the continuity of any lease, licence or tenancy agreement affecting the land.

(7) Any person or body to whom or which an Order applies must give effect to the Order.

(8) An Order under this section cannot divest the management of land from a lessee, licensee or tenant of the land.

(9) An Order under this section takes effect despite anything to the contrary in any Act or subordinate instrument other than the Charter of Human Rights and Responsibilities Act 2006.

__________________




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PART 8—CONSEQUENTIAL AMENDMENTS

Division 1—Amendment of Public Administration Act 2004

59 Definitionss. 59

See:Act No.108/2004.Reprint No. 4as at1 July 2013and amendingAct No.81/2012.LawToday:www.legislation.vic.gov.au

In section 4(1) of the Public Administration Act 2004—

(a) after paragraph (c) of the definition of exempt body insert—

"(ca) Court Services Victoria; or";

(b) insert the following definitions—

"Chief Executive Officer of Court Services Victoria means the person holding the office or performing the duties of the Chief Executive Officer of Court Services Victoria;

Court Chief Executive Officer means a person holding the office or performing the duties of a Court Chief Executive Officer under the Court Services Victoria Act 2013;

Court Services Victoria means Court Services Victoria established under section 5 of the Court Services Victoria Act 2013;".

Part 8—Consequential Amendments



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60 Who are employers for the purposes of this Division?

After section 24(ab) of the Public Administration Act 2004 insert—

"(ac) in the case of the Chief Executive Officer of Court Services Victoria or a Court Chief Executive Officer—the Courts Council within the meaning of the Court Services Victoria Act 2013;".

61 Employment of judicial employees

In section 102(1) of the Public Administration Act 2004 for "appropriate public service body Head" substitute "Chief Executive Officer of Court Services Victoria".

62 Termination of employment as judicial employee

(1) In section 103(1) of the Public Administration Act 2004—

(a) for "appropriate public service body Head" substitute "Chief Executive Officer of Court Services Victoria";

(b) for "Head" (where secondly occurring) substitute "Chief Executive Officer".

(2) In section 103(2)(b) of the Public Administration Act 2004 for "public service body Head" substitute "Chief Executive Officer of Court Services Victoria".

Division 2—Amendment of Financial Management Act 1994

63 Definitions

In section 3 of the Financial Management Act 1994—

s. 61

See:Act No.18/1994.Reprint No. 6as at26 September 2007and amendingAct No.44/2008.LawToday:www.legislation.vic.gov.au




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(a) in the definition of public body, after paragraph (b) insert—

"(ba) Court Services Victoria;";

(b) insert the following definitions—

"Court Services Victoria means Court Services Victoria established under section 5 of the Court Services Victoria Act 2013;

Courts Council means the Courts Council established under section 10 of the Court Services Victoria Act 2013;".

64 Appropriation of certain revenue and asset proceeds

After section 29(3) of the Financial Management Act 1994 insert—

"(4) In this section—

department includes Court Services Victoria.".

65 New section 31A inserted

After section 31 of the Financial Management Act 1994 insert—

"31A Transfer between items of Court Services Victoria appropriation

(1) The Courts Council, with the consent of the Treasurer and Attorney-General, may determine that part of an amount appropriated for an item in a Schedule to an annual appropriation Act in respect of Court Services Victoria may be transferred to, and applied for the purposes of, another item in that Schedule.

(2) The Courts Council must be of the opinion, before making a determination under subsection (1), that—




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(a) the amount to be transferred from an item is not required for the purposes of that item; and

(b) the amount assigned to the item to which the amount is to be transferred is insufficient for the purposes of that item.

(3) The Courts Council must ensure that particulars of a transfer under subsection (1) are given to the Attorney-General and the Minister administering this section as soon as possible.".

Division 3—Amendment of Freedom of Information Act 1982

66 Definitions

In section 5(1) of the Freedom of Information Act 1982—

(a) in the definition of principal officer, after paragraph (b)(i) insert—

"(ia) in the case of Court Services Victoria—the person holding the office or performing the duties of the Chief Executive Officer of Court Services Victoria; or";

(b) insert the following definition—

"Court Services Victoria means Court Services Victoria established under section 5 of the Court Services Victoria Act 2013;".

67 New section 29B inserted

After section 29A of the Freedom of Information Act 1982 insert—

"29B Documents of Court Services Victoria

See:Act No.9859.Reprint No. 8as at1 December 2012and amendingAct No.82/2012.LawToday:www.legislation.vic.gov.au




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A document is an exempt document if it is a document of Court Services Victoria that relates to the exercise of a judicial or quasi-judicial function of a court or VCAT.".

Division 4—Amendment of Independent Broad-based Anti-corruption Commission Act 2011

68 Definitions of public body, public officer and public sector

For section 6(2)(h) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—

"(h) a judicial member of the Courts Council within the meaning of the Court Services Victoria Act 2013;

(i) a court.".

Division 5—Amendment of Ombudsman Act 1973

69 Definitionss. 68

See:Act No.8414.Reprint No. 9as at

See:Act No.66/2011.Reprint No. 1as at11 February 2013 and amending Acts Nos 66/2011, 79/2012, 5/2013 and 28/2013.LawToday:www.legislation.vic.gov.au




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11 February 2013 and amending Act No. 5/2013.LawToday:www.legislation.vic.gov.au

In section 2(1) of the Ombudsman Act 1973—

(a) in the definition of authority, after paragraph (b) insert—

"(ba) Court Services Victoria;";

(b) in the definition of principal officer, after paragraph (b) insert—

"(ba) in relation to Court Services Victoria, the Chief Executive Officer within the meaning of the Court Services Victoria Act 2013;";

(c) in the definition of responsible Minister, after paragraph (b) insert—

"(ba) in relation to Court Services Victoria, the Attorney-General;";

(d) insert the following definition—

"Court Services Victoria means Court Services Victoria established under section 5 of the Court Services Victoria Act 2013;".

70 New section 13AC inserted

After section 13AB of the Ombudsman Act 1973 insert—

"13AC Court Services Victoria

(1) Despite anything to the contrary in Schedule 2, Court Services Victoria is not an exempt body.




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(2) In exercising his or her functions or duties or exercising his or her powers in relation to Court Services Victoria, the Ombudsman must not—

(a) interfere with the exercise of the jurisdiction of a court or VCAT; or

(b) direct a court or VCAT as to the manner or outcome of the exercise of its judicial function in any particular case or any other judicial or quasi-judicial function.

(3) The Ombudsman or a member of Ombudsman staff must not, pursuant to section 21, enter a court or tribunal hearing room in the course of the hearing of a matter, except with the agreement of the presiding judicial officer.

(4) The Ombudsman or a member of Ombudsman staff must not require a judicial member of the Courts Council or a member of the staff of Court Services Victoria—

(a) to provide any information (including answering any question); or

(b) to produce any document—

to the extent that the information or document concerns the exercise of a judicial or quasi-judicial function by a court, VCAT or a person specified in clause 7 of Schedule 2 or by any person exercising the function on behalf of a court or VCAT.

(5) Despite subsection (4), the Ombudsman or a member of Ombudsman staff may require a member of the staff of Court Services Victoria to provide information or documents in a matter that relates to the




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35

exercise of a judicial or quasi-judicial function if the relevant head of the jurisdiction has approved the provision of such information or documents, subject to any conditions agreed between the relevant head of the jurisdiction and the Ombudsman.

(6) In this section—

Courts Council means the Courts Council established under section 10 of the Court Services Victoria Act 2013;

member of the staff, of Court Services Victoria has the same meaning as it has in section 3 of the Court Services Victoria Act 2013.".

71 Amendment of Schedule 2

After clause 7(m) of Schedule 2 to the Ombudsman Act 1973 insert—

"(ma) any other member of the staff of a registrar or office of a court, to the extent that his or her functions relate to a judicial or quasi-judicial function of the court;".

Division 6—Amendment of other Acts

72 Amendment of section 17 of Magistrates' Court Act 1989

Section 17(1A) and (1B) of the Magistrates' Court Act 1989 are repealed.

s. 71

See:Act No.51/1989.Reprint No. 17as at1 May 2013and amendingAct Nos51/1989, 51/2006, 12/2010, 30/2013, 31/2013, 32/2013, 56/2013 and 58/2013.LawToday:www.legislation.vic.gov.au




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73 Repeal of section 136A of Magistrates' Court Act 1989

Section 136A of the Magistrates' Court Act 1989 is repealed.

74 Amendment of section 97 of Coroners Act 2008

(1) Section 97(1)(a) of the Coroners Act 2008 is repealed.

(2) Section 97(3) of the Coroners Act 2008 is repealed.

75 Amendment of section 106 of Supreme Court Act 1986

In section 106(a) of the Supreme Court Act 1986 omit "a chief executive officer,".

See:Act No.77/2008.Reprint No. 1as at21 July 2011and amendingAct Nos52/2012, 83/2012, 5/2013, 52/2013 and 58/2013.LawToday:www.legislation.vic.gov.au

s. 72

See:Act No.110/1986.Reprint No. 7as at1 January 2011and amendingAct Nos110/1986, 50/2011, 26/2012, 68/2012, 80/2012, 5/2013 and 58/2013.LawToday:www.legislation.vic.gov.au




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76 Amendment of section 32 of the Victorian Civil and Administrative Tribunal Act 1998

Section 32(1)(b) of the Victorian Civil and Administrative Tribunal Act 1998 is repealed.

Division 7—Repeal

77 Repeal of Part

This Part is repealed on the day after the first anniversary of the date on which it comes into operation.

Note

The repeal of this Part does not affect the continuing operation of the amendments made by this Part (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════

See:Act No.53/1998.Reprint No. 8as at24 January 2013and amendingAct Nos 11/2010, 83/2012, 5/2013, 19/2013, 34/2013 and 58/2013.LawToday:www.legislation.vic.gov.au

s. 75s. 77Part 8—Consequential Amendments



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ENDNOTES

By Authority. Government Printer for the State of Victoria.

Endnotes



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