Courts Legislation Miscellaneous Amendments Act 2014FILE/14-06… · Web view · 2014-09-09Courts Legislation Miscellaneous Amendments Act 2014. No. 62 of 2014. Courts Legislation

Courts Legislation Miscellaneous Amendments Act 2014

Act

Act No.

Courts Legislation Miscellaneous Amendments Act 2014No. 62 of 2014

Courts Legislation Miscellaneous Amendments Act 2014

No. 62 of 2014

table of provisions

SectionPage

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Confidential Draft prepared by the Office of Chief Parliamentary Counsel Victoria

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Part 1Preliminary1

1Purposes1

2Commencement2

Part 2Civil Appeals4

Division 1Supreme Court Act 19864

3Way in which Court of Appeal may be constituted4

4New sections 14A to 14D inserted5

14ALeave to appeal required for civil appeals5

14BCommencing a civil appeal6

14CAppeal must have real prospect of success6

14DDetermination of application for leave to appeal6

5Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge7

6Restriction on appeals7

7Power to make Rules8

8New sections 154 to 156 inserted9

154Transitional provisionsCourts Legislation Miscellaneous Amendments Act 20149

155Power to resolve transitional difficulties in proceeding10

156Regulations dealing with transitional matters10

Division 2Consequential Amendments to Other Acts12

9Accident Compensation Act1985Effect of decision on application12

10Casino Control Act 1991Appeals12

11County Court Act 1958Appeal to the Court of Appeal13

12Disability Act 2006Appeals regarding extended leave14

13Disability Act 2006Appeals regarding revocation of extendedleave14

14Fisheries Act 1995Determination of claim15

15Imprisonment of Fraudulent Debtors Act 1958Judgment debtor may appeal to Full Court15

16Judgment Debt Recovery Act 1984Persistent wilful default16

17Land Acquisition and Compensation Act 1986Determination of claim16

18Legal Profession Act 2004Order disqualifying persons16

19Legal Profession Act 2004Appeal against appointment17

20Status of Children Act 1974Appeals17

21Urban Renewal Authority Victoria Act 2003Grounds of review or appeal17

22Valuation of Land Act 1960Powers on review or appeal18

23Victorian Civil and Administrative Tribunal Act1998Appeals from the Tribunal18

24Workplace Injury Rehabilitation and Compensation Act2013Effect of decision on application19

Part 3Victorian Civil and Administrative Tribunal20

Division 1Amendments to Victorian Civil and Administrative Tribunal Act 199820

25Definitions20

26New section 16B inserted20

16BAmendment of appointment of sessional and nonsessional members20

27New section 25B inserted21

25BMember or former member may not appear as expert witness21

28Joinder of parties22

29Constitution of Tribunal in proceedings22

30Intervention23

31Mediation23

32New section 93A inserted23

93AParty may object to mediator hearing the proceeding23

33General procedure24

34Power to award costs24

35Orders as to reimbursement or payment of fees25

36New section 115CA inserted25

115CAPresumption of order for reimbursement of fees in certain planning matters25

37Re-opening an order on substantive grounds26

38Power to make rules27

39New section 168 inserted27

168Transitional provisionsCourts Legislation Miscellaneous Amendments Act201427

40Definition of planning enactment in Schedule 128

41Parties to lodge grounds28

42Member of Tribunal can mediate29

43New clause 97A inserted in Schedule 129

97AValuer-general may intervene and be represented29

44Subject matter for rules29

45Statute law revision29

Division 2Further amendments to Victorian Civil and Administrative Tribunal Act 199830

46Definitions30

47Deputy Presidents, senior members and ordinary members30

48Appointment of members31

49Remuneration and allowances31

50Prohibition on outside employment32

51New sections 18A, 18B and 18C inserted32

18AEntry into part-time service arrangement32

18BVariation of part-time service arrangement34

18CTermination of part-time service arrangement34


Division 3Amendment of Enabling Enactments36

53Planning and Environment Act 1987Parties to review36

54Planning and Environment Act 1987Injunctions36

55Retail Leases Act 2003Meaning of retail tenancy dispute37

56Retail Leases Act 2003Referral of retail tenancy disputes foralternative dispute resolution37

57Retail Leases Act 2003Jurisdiction of Tribunal38

58Transport Accident Act 1986Application to Tribunal39

59Transport Accident Act 1986New Division 9 inserted in Part1140

Division 9Courts Legislation Miscellaneous Amendments Act201440

228Application to Tribunal40

60Valuation of Land Act 1960Functions of valuer-general40

Part 4Coroners41

61Certain reportable deaths do not require investigation41

62Objections to autopsy41

63Documents and prepared statements requested by coroner42

64Inquest into a death42

65Publication of findings and reports43

66Appeal in relation to determination that death not a reportable death43

67Appeal in relation to determination of coroner not to investigate afire43

68Appeal in relation to determination not to hold an inquest44

69Appeal against refusal by coroner to re-open investigation44

70Appeal to Supreme Court is on a question of law44

71New section 87A inserted44

87AAppeal to Supreme Court in the interests of justice44

72Rules of the Coroners Court45

73Access to documents45

74New section 120 inserted46

120Transitional provisionCourts Legislation Miscellaneous Amendments Act201446

Part 5Court Security48

75Definitions48

76Heading to section 4 inserted49

77New sections 4A, 4B and 4C inserted49

4AOffence to record proceeding49

4BOffence to publish recording of proceeding50

4COffence to transmit to or give recording of proceeding toanother person51

78Regulations52

79Consequential amendment to Legal Profession Uniform Law Application Act201453

26ACourt Security Act 198053

Part 6Judicial Registrars54


80Guidelines relating to the appointment of judicial registrars54

81Appointment by the Governor in Council54

82Remuneration and terms and conditions of appointment54

83New section 113GB inserted54

113GBOath or affirmation of office54

84Section 113M substituted55

113MAppeal from or review of determination of Court constituted by judicial registrar55

Division 2County Court Act 195857


86Appointment by the Governor in Council57


88New section 17PA inserted58

17PAOath or affirmation of office58

89Section 17V substituted58

17VAppeal from or review of determination of court constituted by judicial registrar58

Division 3Magistrates' Court Act 198960


91Appointment of judicial registrars60

92Terms and conditions of appointment60

93New section 16DB inserted61

16DBOath or affirmation of office61

94Rules of Court61

95Section 16K substituted61

16KAppeal from or review of determination of Court constituted by judicial registrar61

Division 4Children, Youth and Families Act 200563


97Appointment by Governor in Council63


99New section 542EA inserted64

542EAOath or affirmation of office64


542KAppeal from or review of determination of Court constituted by judicial registrar64

Division 5Coroners Act 200865


102Appointment by Governor in Council66


104New section 102EA inserted66

102EAOath or affirmation of office66


102KAppeal from or review of decisions of judicial registrar67

Division 6Victims of Crime Assistance Act 199668

106Rules68

107Review of delegated Tribunal decisions68

Part 7Further Miscellaneous Amendments and Repeal69


108Regulations69

Division 2Interpretation of Legislation Act 198471

109Prescribing matters by reference to other documents71

Division 3Repeal of amending Act71

110Repeal of amending Act71

Endnotes72

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Victoria

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Courts Legislation Miscellaneous Amendments Act 2014[endnoteRef:2] [2: Minister's second reading speechLegislative Assembly: 25 June 2014Legislative Council: 20 August 2014The long title for the Bill for this Act was "A Bill for an Act to amend the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989, the Coroners Act 2008, the Children, Youth and Families Act 2005, the Victorian Civil and Administrative Tribunal Act 1998, the Victims of Crime Assistance Act 1996, the Court Security Act 1980 and the Interpretation of Legislation Act 1984, to make consequential amendments to other Acts and for other purposes."]

No. 62 of 2014

[Assented to 9 September 2014]

Courts Legislation Miscellaneous Amendments Act 2014No. 62 of 2014

2

The Parliament of Victoria enacts:

Part 1Preliminary

1Purposes

The main purposes of this Act are

(a)to amend the Supreme Court Act 1986

(i)to provide for appeals to the Court of Appeal in civil proceedings to be generally by leave of the Court of Appeal;

(ii)to make other procedural amendments in relation to appeals to the Court of Appeal in civil proceedings;

(iii)to provide for additional regulation making powers in relation to court fees;

(b)to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to the service arrangements and the terms and conditions of appointment of non-judicial members and to enhance further the powers and efficiency of VCAT and to make related amendments to certain enabling enactments;

(c)to amend the Coroners Act 2008

s. 2

(i)to further provide for various coronial processes;

(ii)to further provide for appeals to the Supreme Court;

(iii)to amend the periods for bringing an appeal in respect of certain decisions of a coroner;

(d)to amend the Court Security Act 1980 to provide for certain offences in relation to the recording of court proceedings;

(e)to amend court and tribunal Acts to make further provision in relation to the office of judicial registrar, including review of, and appeals from, determinations of judicial registrars.

2Commencement

(1)This Act (except Part 2, Division 2 of Part 3 and Parts 4, 5 and 6) comes into operation on the day after the day on which it receives the Royal Assent.

(2)Subject to subsection (3), Part 2, Division 2 of Part 3 and Parts 4, 5 and 6 come into operation on a day or days to be proclaimed.

(3)If a provision of this Act does not come into operation before 1 September 2015, it comes into operation on that day.

s. 2

__________________

Part 2Civil AppealsDivision 1Supreme Court Act 1986

3Way in which Court of Appeal may be constituted

s. 3

See:Act No.110/1986.Reprint No. 8as at1 December 2013and amendingAct Nos 110/1986, 63/2013, 68/2013, 1/2014, 17/2014 and 25/2014.LawToday:www.legislation.vic.gov.au

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

"(1C)Subject to subsection (9), the Rules may provide that a single Judge of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal

(a)in particular kinds of applications and appeals to or proceedings in the Court of Appeal; or

(b)generally.".

(2)In section 11(4) of the Supreme Court Act 1986 omit "asingle Judge of Appeal or".

(3)After section 11(4A) of the Supreme Court Act 1986 insert

"(4B)The Rules may provide that in particular kinds of applications, appeals or proceedings, the Court of Appeal may discharge or vary a judgment, order or direction given or made by a single Judge of Appeal.".

(4)In section 11(5) of the Supreme Court Act 1986 omit "asingle Judge of Appeal or".

(5)In section 11(6) of the Supreme Court Act 1986 for "Subject to subsection (5)" substitute "Unless the Court of Appeal discharges or varies a judgment, order or direction in accordance with any Rules made under subsection (4B)".

(6)After section 11(8) of the Supreme Court Act 1986 insert

"(9)Subsection (1C) does not apply in relation to

(a)an appeal from a refusal to grant habeas corpus; or

(b)an appeal under the Serious Sex Offenders (Detention and Supervision) Act 2009.".

4New sections 14A to 14D inserted

s. 4

After section 14 of the Supreme Court Act 1986 insert

"14ALeave to appeal required for civil appeals

(1)Subject to subsection (2), any civil appeal to the Court of Appeal requires leave to appeal to be obtained from the Court of Appeal.

(2)Leave to appeal is not required

(a)for an appeal from a refusal to grant habeas corpus; or

(b)for an appeal under the Serious Sex Offenders (Detention and Supervision) Act 2009; or

(c)if the Rules provide that leave to appeal is not required, whether in any particular class of application or proceeding or generally.

(3)For the purposes of this section, civil appeal means an appeal from a judgment or order made in exercise of civil jurisdiction, including an appeal by way of rehearing or judicial review, for which this Act, any other Act or the Rules provide an appeal to the Court of Appeal.

14BCommencing a civil appeal

(1)An applicant for leave to appeal under section14A must file an application for leave to appeal within 28 days from the date of the judgment, order, determination or other decision which is the subject of appeal unless the Rules otherwise provide.

(2)Unless this Act, any other Act or the Rules otherwise provide, an application for leave to appeal is commenced by filing the application for leave to appeal.

14CAppeal must have real prospect of success

s. 4

The Court of Appeal may grant an application for leave to appeal under section14A only if it is satisfied that the appeal has a real prospect of success.

14DDetermination of application for leave to appeal

(1)The Court of Appeal constituted by one or more Judges of Appeal may determine an application for leave to appeal under section14A with or without an oral hearing of the parties.

(2)Subject to subsection (3), if the Court of Appeal dismisses an application for leave to appeal without an oral hearing, the applicant, in accordance with the Rules, may apply to have the dismissal set aside or varied at an oral hearing before the Court of Appeal constituted by two or more Judges of Appeal.

(3)If the Court of Appeal dismisses an application for leave to appeal without an oral hearing and has determined that the application is totally without merit, the applicant has no right to apply to have the dismissal set aside or varied.

(4)This section does not apply to

(a)an appeal from a refusal to grant habeas corpus; or

(b)an appeal under the Serious Sex Offenders (Detention and Supervision) Act 2009.".

5Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge

s. 5

At the foot of section 17(2) of the Supreme Court Act 1986 insert

"Note

See, for example, section 14A which requires leave of the Court of Appeal for civil appeals as defined in that section.".

6Restriction on appeals

(1)In section 17A of the Supreme Court Act 1986

(a)subsections (1) and (5) are repealed;

(b)in subsection (3A) omit "or by leave of the Judge of the Court or Associate Judge constituting the Trial Division";

(c)in subsection (3C)

(i)for "except" substitute "except by leave of the Court of Appeal.";

(ii)paragraphs (a) and (b) are repealed;

(d)for subsection (4)(b) substitute

"(b)without leave of the Court of Appeal, from a judgment or an order in an interlocutory application, being a judgment or order given by the Trial Division constituted by a Judge of the Court or by an Associate Judge in a criminal proceeding or quasi-criminal proceeding except in the following cases

(i)when the liberty of the subject or the custody of minors is concerned;

(ii)a decision dismissing a proceeding for want of prosecution;

(iii)any cases prescribed by the Rules.".

(2)Section 17A(7) of the Supreme Court Act 1986 is repealed.

7Power to make Rules

s. 7

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

"(cab)without limiting paragraph (ca), in accordance with section 11, providing for the constitution of the Court of Appeal by a single Judge of Appeal

(i)in particular kinds of applications and appeals to or proceedings in the Court of Appeal; or

(ii)generally;

(cac)without limiting paragraph (ca), in accordance with section 11, providing for the particular kinds of applications, appeals or proceedings in respect of which the Court of Appeal may discharge or vary a judgment, order or direction given or made by a single Judge of Appeal;".

8New sections 154 to 156 inserted

s. 8

After section 153 of the Supreme Court Act 1986 insert

"154Transitional provisionsCourts Legislation Miscellaneous Amendments Act 2014

(1)The amendments made to this Act by Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014 apply in relation to any application or proceeding in the Court of Appeal, including any appeal referred to in section14A (other than an appeal referred to in section 14A(2)) commenced on or after the commencement of that Part.

(2)The amendments made to this Act and to any other Act under which an application or a proceeding in the Court of Appeal may be commenced, including any appeal referred to in section14A (other than an appeal referred to in section 14A(2)) by Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014 do not apply in relation to that application or proceeding if

(a)the application or proceeding commenced before the commencement of Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014; and

(b)the Court of Appeal has begun to hear and determine that application or proceeding before the commencement of that Part.

(3)If an application or a proceeding in the Court of Appeal, including any appeal referred to in section14A (other than an appeal referred to in section 14A(2)) has commenced before the commencement of Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014 but the Court of Appeal has not begun to hear and determine that application or proceeding before the commencement of that Part, the amendments made to this Act and any other Act under which that application or proceeding is commenced do not apply in relation to that application or proceeding, unless the Court of Appeal otherwise orders.

155Power to resolve transitional difficulties in proceeding

s. 8

(1)If any difficulty arises because of the operation of Part2 of the Courts Legislation Miscellaneous Amendments Act 2014 in relation to an application or a proceeding, the Court may make any order it considers appropriate to resolve the difficulty.

(2)An order made under subsection (1)

(a)may be made on application of a party to the application or proceeding or on the Court's own motion; and

(b)has effect despite any provision to the contrary made by or under any Act (otherthan the Charter of Human Rights and Responsibilities Act 2006).

156Regulations dealing with transitional matters

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014, including any repeals and amendments made by that Part.

(2)Regulations made under this section may

(a)have a retrospective effect to a day on or from the date that the Courts Legislation Miscellaneous Amendments Act 2014 receives the Royal Assent;

s. 8

(b)be of limited or general application;

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

(d)leave any matter or thing to be decided by a specified person or specified class of persons;

(e)provide for the exemption of persons, applications or proceedings or a class of persons, applications or proceedings from any of the regulations made under this section.

(3)Regulations made under this section have effect despite anything to the contrary

(a)in any Act (other than Part 2 of the Courts Legislation Miscellaneous Amendments Act 2014 or the Charter of Human Rights and Responsibilities Act 2006); or

(b)in any subordinate instrument.

(4)This section is repealed on the second anniversary of the day on which it comes into operation.".

Division 2Consequential Amendments to Other Acts

9Accident Compensation Act1985Effect of decision on application

s. 9

See:Act No.10191.Reprint No. 19as at11 February 2013and amendingAct Nos76/2011, 9/2013, 30/2013, 43/2013, 55/2013, 67/2013, 76/2013, 17/2014 and 26/2014.LawToday:www.legislation.vic.gov.au

Section 134AC of the Accident Compensation Act 1985 is repealed.

10Casino Control Act 1991Appeals

See:Act No.47/1991.Reprint No. 8as at22 June 2011and amendingAct Nos29/2009, 84/2009, 74/2010, 58/2011, 32/2012, 65/2013, 4/2014 and 17/2014.LawToday:www.legislation.vic.gov.au

In section 155(3) of the Casino Control Act 1991, after "law" insert "with leave of the Court of Appeal".

11County Court Act 1958Appeal to the Court of Appeal

s. 11

See:Act No.6320.Reprint No. 15as at1 May 2013and amendingAct Nos 6230, 28/2013, 58/2013, 63/2013, 67/2013, 68/2013, 70/2013, 17/2014 and 25/2014.LawToday:www. legislation.vic.gov.au

(1)In section 74(1) of the County Court Act 1958, after "Court of Appeal" insert "with leave of the Court of Appeal".

(2)For section 74(2) of the County Court Act 1958 substitute

"(2)An appeal by a party referred to in subsection (1) must be commenced by filing an application for leave to appeal in the Court of Appeal within 28 days after the date of the judgment or order of the court being appealed.".

(3)In section 74(2A) of the County Court Act 1958, for "appeal may be brought" substitute "appeal or an application for leave to appeal may be commenced".

(4)For section 74(2B) of the County Court Act 1958 substitute

"(2B)An application for leave to appeal must be made in accordance with the Rules of the Supreme Court.".

(5)In section 74(2C) of the County Court Act 1958, for "A notice" substitute "An application for leave to appeal or a notice".

(6)Section 74(2D), (2E) and (3) of the County Court Act 1958 are repealed.

12Disability Act 2006Appeals regarding extended leave

s. 12

See:Act No.23/2006.Reprint No. 1as at31 October 2012and amendingAct Nos20/2012, 9/2013, 13/2013, 75/2013 and 26/2014.LawToday:www.legislation.vic.gov.au

(1)In section 163(1)(b) of the Disability Act 2006, after "Court of Appeal" insert "with leave of the Court of Appeal".

(2)In section 163(2) of the Disability Act 2006, after "Court of Appeal" insert "with leave of the Court of Appeal".


13Disability Act 2006Appeals regarding revocation of extended leave




14Fisheries Act 1995Determination of claim

s. 14

See:Act No.92/1995.Reprint No. 7as at18 March 2013and amendingAct Nos9/2013, 64/2013, 70/2013 and 17/2014.LawToday:www.legislation.vic.gov.au

In section 210(2) of the Fisheries Act 1995, after "law" insert "and with leave of the Court of Appeal".

15Imprisonment of Fraudulent Debtors Act 1958Judgment debtor may appeal to Full Court

See:Act No.6276.Reprint No. 5as at16 September 1999and amendingAct No. 68/2009.LawToday:www.legislation.vic.gov.au

(1)Insert the following heading to section 9 of the Imprisonment of Fraudulent Debtors Act 1958

"Judgment debtor may appeal to Court of Appeal".

(2)In section 9 of the Imprisonment of Fraudulent Debtors Act 1958

(a)for "order to the Full Court" substitute "order to the Court of Appeal with leave of the Court of Appeal";

(b)for "Full Court" (where twice occurring) substitute "Court of Appeal".

16Judgment Debt Recovery Act 1984Persistent wilful default

s. 16

See:Act No.10063.Reprint No. 2as at14 February 2008.LawToday:www.legislation.vic.gov.au

In section 19(4)(b) of the Judgment Debt Recovery Act 1984, after "Court of Appeal" insert "with leave of the Court of Appeal".

17Land Acquisition and Compensation Act 1986Determination of claim

See:Act No.121/1986.Reprint No. 5as at16 May 2013.LawToday:www.legislation.vic.gov.au

In section 89(2) of the Land Acquisition and Compensation Act 1986 after "law" insert "and with leave of the Court of Appeal".

18Legal Profession Act 2004Order disqualifying persons

See:Act No.99/2004.Reprint No. 4as at1 July 2011and amendingAct Nos36/2011, 15/2012, 20/2012, 21/2012, 68/2013 and 17/2014.LawToday:www.legislation.vic.gov.au

In section 2.2.6(5) of the Legal Profession Act 2004, after "law" insert "with leave of the Court of Appeal".

19Legal Profession Act 2004Appeal against appointment

s. 19

In section 5.6.4(3)(b) of the Legal Profession Act 2004, after "Court of Appeal" insert "with leave of the Court of Appeal,".

20Status of Children Act 1974Appeals

See:Act No.8602.Reprint No. 3as at1 May 2013.LawToday:www.legislation.vic.gov.au

In section 30(1) of the Status of Children Act 1974, after "Court of Appeal" insert "with leave of the Court of Appeal".

21Urban Renewal Authority Victoria Act 2003Grounds of review or appeal

See:Act No.59/2003.Reprint No. 2as at25 October 2011and amendingAct Nos61/2011 and 34/2013.LawToday:www.legislation.vic.gov.au

In section 51ZR(2) of the Urban Renewal Authority Victoria Act 2003, after "law" insert "and with leave of the Court of Appeal".

22Valuation of Land Act 1960Powers on review or appeal

s. 22

See:Act No.6653.Reprint No. 13as at19 May 2011and amendingAct Nos69/2011, 58/2012 and 34/2014.LawToday:www.legislation.vic.gov.au

In section 25(2) of the Valuation of Land Act 1960, after "law" insert "and with leave of the Court of Appeal".

23Victorian Civil and Administrative Tribunal Act1998Appeals from the Tribunal

See:Act No.53/1998.Reprint No. 9as at1 January 2014and amendingAct Nos11/2010, 67/2013, 1/2014, 17/2014 and 23/2014.LawToday:www.legislation.vic.gov.au

(1)For section 148(1) of the Victorian Civil and Administrative Tribunal Act 1998 substitute

"(1)A party to a proceeding may appeal on a question of law from an order of the Tribunal in the proceeding

(a)if the Tribunal was constituted for the purpose of making the order by the President or a Vice President, whether with or without others, to the Court of Appeal with leave of the Court of Appeal; or

(b)in any other case, to the Trial Division of the Supreme Court with leave of the Trial Division.".

(2)In section 148(3) of the Victorian Civil and Administrative Tribunal Act 1998, after "Ifleave" insert "to appeal to the Trial Division of the Supreme Court".

See:Act No.67/2013 and amending Act Nos 17/2014 and 26/2014.Statute Book:www.legislation.vic.gov.au

24Workplace Injury Rehabilitation and Compensation Act2013Effect of decision on application

s. 24

Section 351 of the Workplace Injury Rehabilitation and Compensation Act 2013 is repealed.

__________________

Part 3Victorian Civil and Administrative TribunalDivision 1Amendments to Victorian Civil and Administrative Tribunal Act 1998

25Definitions

s. 25

Insert the following definition in section 3 of the Victorian Civil and Administrative Tribunal Act 1998

"interim order means an order of an interim or interlocutory nature;".

26New section 16B inserted

After section 16A of the Victorian Civil and Administrative Tribunal Act 1998 insert

"16BAmendment of appointment of sessional and nonsessional members

(1)The Governor in Council may amend the appointment of a senior member or ordinary member who was appointed on a sessional basis so that the member's appointment continues on a non-sessional basis.

(2)The Governor in Council may amend the appointment of a senior member or ordinary member who was appointed on a nonsessional basis so that the member's appointment continues on a sessional basis.

(3)The Governor in Council may amend an appointment under this section only with the member's prior consent.

(4)Subsection (1) does not apply to a sessional member who has attained the age of 70years.

(5)If a member's appointment is amended under subsection (1), the member's term of office expires on whichever of the following first occurs

(a)the date that is 7 years after the original date of appointment;

(b)the date that the member attains the age of 70years.

(6)If a member's appointment is amended under subsection (2), the member's term of office expires on the date that is 7 years after the original date of appointment.".

27New section 25B inserted

s. 27

After section 25A of the Victorian Civil and Administrative Tribunal Act 1998 insert

"25BMember or former member may not appear as expert witness

(1)If the rules provide for proceedings to be entered in or transferred to lists of the Tribunal and for members to be assigned to those lists

(a)a member must not appear as an expert witness in any proceeding that has been entered into or transferred to a list to which the member has been assigned, except with the approval of the President; and

(b)for a period of 2 years after a member ceases to be a member, the former member must not appear as an expert witness in any proceeding that has been entered into or transferred to a list to which the former member was assigned, except with the approval of the President.

(2)This section is subject to any other provision of this Act or an enabling enactment that allows a member or former member to appear as a witness.

Note

See, for example, section 30 of the Valuation of Land Act 1960.".

28Joinder of parties

s. 28

After section 60(2) of the Victorian Civil and Administrative Tribunal Act 1998 insert

"(3)On the application of a person who is entitled under section 73(4) to be joined as a party the Tribunal must order that the person be joined as a party.".

29Constitution of Tribunal in proceedings


"(4)If a provision of this Act, the rules or an enabling enactment provides that a power of the Tribunal is exercisable by any member, then any member of the Tribunal may exercise that power in a proceeding despite any provision of this Act or an enabling enactment that requires the Tribunal to be constituted in a particular way for the purposes of the proceeding.

Example

As section 80(2) provides that the Tribunal's power to give directions is exercisable by any member, any member may give directions in a proceeding under Division 5 of Part 3 of the Pharmacy Regulation Act 2010 even though clause 51AE of Schedule 1 requires the Tribunal to be constituted by at least 3 members for the purposes of proceedings under that Division.

(5)If a provision of this Act, the rules or an enabling enactment provides that a power of the Tribunal is exercisable by the principal registrar, then the principal registrar may exercise that power in a proceeding despite any provision of this Act or an enabling enactment that requires the Tribunal to be constituted in a particular way for the purposes of the proceeding.".

30Intervention

s. 30


"(4)A person (other than the Small Business Commissioner) who is entitled under this Act or an enabling enactment to intervene in a proceeding and who does intervene is entitled to be joined as a party to the proceeding.".

31Mediation

Section 88(6) of the Victorian Civil and Administrative Tribunal Act 1998 is repealed.

32New section 93A inserted

After section 93 of the Victorian Civil and Administrative Tribunal Act 1998 insert

"93AParty may object to mediator hearing the proceeding

(1)This section applies in a proceeding that has been the subject of unsuccessful mediation by a mediator who is a member of the Tribunal.

(2)If it is proposed that the mediator constitute the Tribunal (whether with or without others) for the purpose of hearing the proceeding, the Tribunal must notify each party to the proceeding of the party's right to object.

(3)A party to the proceeding may object to the mediator constituting the Tribunal (whether with or without others) for the purpose of hearing the proceeding.

(4)The objection must be made to the Tribunal before or at the commencement of the hearing.

(5)If an objection is made, the mediator must take no part, or no further part, in the proceeding and, if necessary, the Tribunal must be reconstituted.".

33General procedure

s. 33


"(2A)Without limiting subsection (1), at the hearing of a proceeding the Tribunal may admit into evidence any material put before the Tribunal at an earlier stage of the proceeding, or any material put before the Tribunal in another proceeding, if the Tribunal considers it desirable to do so.

(2B)Subsection (2A) is subject to any other provision of this Act, an enabling enactment or any other law that provides that evidence or material is not admissible in a proceeding.

Example

Section 85 provides that evidence of anything said or done in the course of a compulsory conference is not admissible except in certain circumstances.".

34Power to award costs


"(7)A power of the Tribunal under this section is exercisable by any member.".

35Orders as to reimbursement or payment of fees

s. 35

(1)In section 115B(3) of the Victorian Civil and Administrative Tribunal Act 1998, after "section 115C" insert "or 115CA".

(2)In the heading to section 115C of the Victorian Civil and Administrative Tribunal Act 1998, after "fees" insert "to successful party".

36New section 115CA inserted

After section 115C of the Victorian Civil and Administrative Tribunal Act 1998 insert

"115CAPresumption of order for reimbursement of fees in certain planning matters

(1)Subject to subsections (2) and (3), an applicant to the Tribunal under section 79 of the Planning and Environment Act 1987 is entitled to an order under section 115B that the responsible authority reimburse the applicant the whole of any fees paid by the applicant in the proceeding.

Note

Section 79 of the Planning and Environment Act 1987 enables an applicant for a planning permit to apply to the Tribunal for review of a failure of the responsible authority to grant the permit within the prescribed time.

(2)If different fees are payable in a proceeding under section 79 of the Planning and Environment Act 1987 depending on an election made by the applicant, subsection(1) applies to entitle the applicant to an order for reimbursement of only the amount of the lowest of those fees.

Example

If different fees are payable depending on the list of the Tribunal in which the applicant elects to have the proceeding entered, then if the applicant elects to have the proceeding entered in a list that attracts a higher fee, the applicant would only be entitled under subsection (1) to an order for reimbursement of the amount of the lowest of those fees.

(3)Subsection (1) does not apply if the responsible authority satisfies the Tribunal that there was reasonable justification for the responsible authority to fail to grant the permit before the application to the Tribunal, having regard to

(a)the nature and complexity of the permit application; and

(b)the conduct of the applicant in relation to the permit application; and

(c)any other matter beyond the reasonable control of the responsible authority.".

37Re-opening an order on substantive grounds

s. 37

(1)For section 120(4)(a) of the Victorian Civil and Administrative Tribunal Act 1998 substitute

"(a)hear and determine the application if it is satisfied that

(i)the applicant had a reasonable excuse for not attending or being represented at the hearing; and

(ii)it is appropriate to hear and determine the application having regard to the matters specified in subsection (4A); and".

(2)After section 120(4) of the Victorian Civil and Administrative Tribunal Act 1998 insert

"(4A)For the purposes of subsection (4)(a)(ii), the matters are

(a)whether the applicant has a reasonable case to argue in relation to the subject-matter of the order; and

(b)any prejudice that may be caused to another party if the application is heard and determined.

(4B)The Tribunal may hear and determine an application under this section despite subsection (4A)(b) if the Tribunal is satisfied that any prejudice that may be caused to a party may be addressed by an order for costs under section 109 or an order for reimbursement of fees under section 115B orboth.

(4C)In deciding to hear and determine an application under this section the Tribunal may require the applicant to give any undertaking as to costs or damages that the Tribunal considers appropriate.".

38Power to make rules

s. 38


"(4)Rules made in relation to service of documents may provide for service outside Australia of applications to the Tribunal only with leave of the Tribunal constituted by a member who is a legal practitioner.".

39New section 168 inserted


"168Transitional provisionsCourts Legislation Miscellaneous Amendments Act2014

(1)Subject to subsection (2), each amendment made to this Act by Division 1 of Part 3 of the Courts Legislation Miscellaneous Amendments Act 2014 (except section 26) applies, on and after the coming into operation of the amendment, in relation to all proceedings in the Tribunal, whether those proceedings were commenced before or after the coming into operation of the amendment.

(2)Section 115CA applies only in relation to an application to the Tribunal under section 79 of the Planning and Environment Act 1987 that is made on or after the coming into operation of section 36 of the Courts Legislation Miscellaneous Amendments Act 2014.".

40Definition of planning enactment in Schedule 1

s. 40

In clause 2 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, in the definition of planning enactment

(a)paragraph (e) is repealed;

(b)in paragraph (g) omit "and sections 36 and39".

41Parties to lodge grounds

(1)Insert the following heading to clause 56 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998

"Person wishing to contest proceeding to lodge grounds".

(2)After clause 56(4) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert

"(5)A person who lodges a statement under subclause (1) may lodge with the statement a written notice that the person does not intend to participate in the hearing of the proceeding.

(6)If a person lodges a notice under subclause(5), the person is not, or ceases to be, a party to the proceeding (as the case requires).".

42Member of Tribunal can mediate

s. 42

Clause 70 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 is repealed.

43New clause 97A inserted in Schedule 1

After clause 97 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert

"97AValuer-general may intervene and be represented

The valuer-general may intervene, and be represented by a professional advocate, at any time in a proceeding for review under Division 4 of Part III of the Valuation of Land Act 1960.".

44Subject matter for rules

In Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998, after "Service of documents" insert ", including service outside Victoria (including outside Australia)".

45Statute law revision

In clause 5(2) of Schedule 3 to the Victorian Civil and Administrative Tribunal Act 1998, for "subsection (1)" substitute "subclause (1)".

Division 2Further amendments to Victorian Civil and Administrative Tribunal Act 1998

46Definitions

s. 46

In section 3 of the Victorian Civil and Administrative Tribunal Act 1998

(a)insert the following definition

"part-time service arrangement means an arrangement entered into under section18A;";

(b)for the definition of full-time member substitute

"full-time member means

(a)the President or a Vice President, other than a Vice President who is undertaking the duties of a Vice President on a part-time or sessional basis under section11A(2A); or

(b)a Deputy President, senior member or ordinary member who is appointed on a non-sessional basis and who is not undertaking the duties of office on a part-time basis;";

(c)the definition of part-time member is repealed.

47Deputy Presidents, senior members and ordinary members


"(4)A Deputy President may only be appointed on a non-sessional basis.".


"(4)A senior member may be appointed on a sessional or a non-sessional basis.".


"(4)An ordinary member may be appointed on a sessional or a non-sessional basis.".

48Appointment of members

s. 48


"(8)The instrument of appointment of a Deputy President, senior member or ordinary member may indicate that the member is to commence undertaking the duties of office on a part-time basis and, if so, may specify the proportion of full-time duties to be worked by the member.

(9)If a member's instrument of appointment indicates that the member is to commence undertaking the duties of office on a parttime basis, the member is taken to have entered into a part-time service arrangement, which may be varied or terminated accordingly.".

49Remuneration and allowances

(1)Insert the following heading to section 17 of the Victorian Civil and Administrative Tribunal Act 1998

"Terms and conditions of service".

(2)For section 17(1) and (2) of the Victorian Civil and Administrative Tribunal Act 1998 substitute

"(1)A member is subject to the terms and conditions, including remuneration and allowances, that are determined from time to time by Order of the Governor in Council.

(2)The Governor in Council may under subsection (1) determine different terms and conditions for different classes of members.".

(3)After section 17(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert

"(3A)An Order of the Governor in Council under this section may apply, adopt or incorporate by reference any document formulated or published by a person or body, whether

(a)without modification or as modified by the Order; or

(b)as formulated or published on or before the date when the Order is made; or

(c)as formulated or published from time to time.".

50Prohibition on outside employment

s. 50

In section 18 of the Victorian Civil and Administrative Tribunal Act 1998, for "appointed on a full-time basis" substitute "a full-time member".

51New sections 18A, 18B and 18C inserted


"18AEntry into part-time service arrangement

(1)A Deputy President, senior member or ordinary member may enter into an arrangement with the President to undertake the duties of office on a part-time basis.

(2)A part-time service arrangement

(a)must be in writing; and

(b)must specify the proportion of full-time duties to be worked by the member, which must be a minimum of 04 of full-time duties; and

(c)may specify an expiry date, but is not required to do so.

(3)The President may have regard to the following factors in considering whether to enter into a part-time service arrangement

(a)the operational needs of the Tribunal;

(b)the personal and professional circumstances of the member;

s. 51

(c)parity and equity with other members;

(d)any other relevant consideration.

(4)A part-time service arrangement takes effect from the date specified in the part-time service arrangement.

(5)A Deputy President, senior member or ordinary member to whom a part-time service agreement applies is entitled to receive a prorata amount of the remuneration applicable to a Deputy President, senior member or ordinary member (as the case requires) appointed on a non-sessional basis who is undertaking the duties of office on a full-time basis.

(6)This section does not apply to a senior member or ordinary member who is appointed on a sessional basis.

18BVariation of part-time service arrangement

(1)A part-time service arrangement may be varied by agreement between the member to whom the arrangement applies and the President.

(2)A variation of a part-time service arrangement

(a)must be in writing; and

(b)must specify the proportion of full-time duties to be worked by the member, which must be a minimum of 04 of full-time duties.

(3)The President may have regard to the factors referred to in section 18A(3) in considering whether to vary a part-time service arrangement.

(4)A variation of a part-time service arrangement takes effect from the date specified in the written variation of the parttime service arrangement.

18CTermination of part-time service arrangement

s. 51

(1)A part-time service arrangement is terminated if the appointment of the member to whom the arrangement applies is amended from a non-sessional basis to a sessional basis.

Note

See section 16B(2).

(2)A part-time service arrangement may be terminated by agreement between the member to whom the arrangement applies and the President.".


s. 52


"(3)A Deputy President, senior member or ordinary member who was appointed on a part-time basis and who held office immediately before the commencement of section 47 of the Courts Legislation Miscellaneous Amendments Act 2014, on and after that commencement

(a)continues to hold office as a Deputy President, senior member or ordinary member (as the case requires); and

(b)is taken to be serving under a part-time service arrangement on the same terms as applied to the person immediately before that commencement.

(4)A Deputy President, senior member or ordinary member who was appointed on a full-time basis and who held office immediately before the commencement of section47 of the Courts Legislation Miscellaneous Amendments Act 2014, on and after that commencement continues to hold office as a Deputy President, senior member or ordinary member (as the case requires) on the same terms as applied to the person immediately before that commencement.

(5)To avoid doubt, nothing in this Act prevents a person referred to in subsection (4) from entering into a part-time service arrangement.".

Division 3Amendment of Enabling Enactments

53Planning and Environment Act 1987Parties to review

s. 53

See:Act No.45/1987.Reprint No. 11as at28 October 2013and amendingAct Nos70/2013 and 17/2014.LawToday:www.legislation.vic.gov.au

(1)After section 83(2) of the Planning and Environment Act 1987 insert

"(2A)Subsection (2) does not apply if the objector lodges notice under clause 56(5) of Schedule1 to the Victorian Civil and Administrative Tribunal Act 1998.".

(2)After section 83(3) of the Planning and Environment Act 1987 insert

"(4)In addition to any other party to a proceeding for review under section 82, the applicant for the permit is a party to the proceeding.".

54Planning and Environment Act 1987Injunctions

(1)In section 125 of the Planning and Environment Act 1987, after "jurisdiction" insert "or to the Tribunal".

(2)At the end of section 125 of the Planning and Environment Act 1987 insert

"(2)Section 123 of the Victorian Civil and Administrative Tribunal Act 1998 applies on an application to the Tribunal under subsection (1).".

55Retail Leases Act 2003Meaning of retail tenancy dispute

s. 55

See:Act No.4/2003.Reprint No. 2as at16 May 2013 and amendingAct No. 17/2014.LawToday:www.legislation.vic.gov.au

After section 81(1) of the Retail Leases Act 2003 insert

"(1A)In addition, a retail tenancy dispute includes

(a)a dispute between a landlord and a guarantor of a tenant's obligations under a lease arising in circumstances referred to in subsection (1)(a), (b) or(c); and

(b)a dispute between a landlord and a person who has given an indemnity to the landlord for loss or damage arising as a result of a breach by a tenant of a lease in circumstances referred to in subsection(1)(a), (b) or (c).".

56Retail Leases Act 2003Referral of retail tenancy disputes for alternative dispute resolution

After section 86(1) of the Retail Leases Act 2003 insert

"(1A)A guarantor of a tenant's obligations under a lease who has been called on to perform any of those obligations may refer a retail tenancy dispute referred to in section 81(1A) to the Small Business Commissioner for mediation.

(1B)A person who has given an indemnity to a landlord for loss or damage arising as a result of a breach by a tenant of a lease and who has been called on to indemnify the landlord accordingly may refer a retail tenancy dispute referred to in section 81(1A) to the Small Business Commissioner for mediation.".

57Retail Leases Act 2003Jurisdiction of Tribunal

s. 57

(1)For section 89(1) of the Retail Leases Act 2003 substitute

"(1)The Tribunal has jurisdiction to hear and determine an application by any of the following persons seeking resolution of a retail tenancy dispute

(a)a landlord or tenant under a retail premises lease;

(b)a guarantor of a tenant's obligations under a retail premises lease;

(c)a person who has given an indemnity to a landlord for loss or damage arising as a result of a breach by a tenant of a retail premises lease;

(d)a specialist retail valuer.".

(2)In section 89(4) of the Retail Leases Act 2003

(a)in paragraph (b), for "Conduct)" substitute "Conduct); or";

(b)after paragraph (b) insert

"(c)a retail tenancy dispute referred to in section 81(1A)".

58Transport Accident Act 1986Application to Tribunal

s. 58

See:Act No.111/1986.Reprint No. 13as at1 January 2014 and amendingAct Nos 30/2013, 67/2013 and 26/2014.LawToday:www.legislation.vic.gov.au

(1)In section 77(1) of the Transport Accident Act 1986 omit ", within 12 months after becoming aware of the decision,".

(2)After section 77(1) of the Transport Accident Act 1986 insert

"(1A)An application under subsection (1) must be made by the later of

(a)12 months after the person becomes aware of the decision; or

(b)if the decision has been the subject of an application for a pre-issue review under the Protocols, 3 months after the Commission notifies the person in accordance with the Protocols of its decision on the application.".

(3)After section 77(4) of the Transport Accident Act 1986 insert

"(5)In this section

Protocols means the No Fault Dispute Resolution Protocols agreed between the Commission, the Law Institute of Victoria and the Australian Lawyers Alliance on 1 March 2005 as amended from time to time.".

59Transport Accident Act 1986New Division 9 inserted in Part 11

At the end of Part 11 of the Transport Accident Act 1986 insert

"Division 9Courts Legislation Miscellaneous Amendments Act2014

228Application to Tribunal

(1)Section 77(1) as amended by the amending Act and section 77(1A) as inserted by the amending Act apply to

(a)a decision of which a person becomes aware on or after the commencement day; and

(b)a decision of which a person became aware within 12 months before the commencement day, unless the person had applied for review of the decision under section 77(1) before the commencement day.

(2)In this section

amending Act means the Courts Legislation Miscellaneous Amendments Act 2014;

commencement day means the day on which section 59 of the amending Act comes into operation.".

60Valuation of Land Act 1960Functions of valuer-general

s. 59

For section 5(1)(a) of the Valuation of Land Act 1960 substitute

"(a)to carry out the duties and functions conferred by this or any other Act;".

__________________

Part 4Coroners

61Certain reportable deaths do not require investigation

s. 61

See:Act No.77/2008.Reprint No. 1as at21 July 2011and amendingAct Nos52/2012, 83/2012, 5/2013 and 63/2013.LawToday:www.legislation.vic.gov.au

(1)In section 17(1) of the Coroners Act 2008, for "Acoroner" substitute "Subject to subsection (3), a coroner".

(2)After section 17(2) of the Coroners Act 2008 insert

"(3)This section does not apply to a reportable death of a person who, immediately before death, was a person placed in custody or care.

Note

See section 52 which provides for the investigatory requirements in respect of a death due to natural causes where the deceased was, immediately before death, a person placed in custody or care.".

62Objections to autopsy

(1)For section 26(2) of the Coroners Act 2008 substitute

"(2)Within 48 hours after receiving notice under subsection (1), the senior next of kin may

(a)ask the coroner to reconsider the direction that an autopsy be performed; or

(b)if the senior next of kin does not object to the autopsy and would like the autopsy to be performed without delay, consent, in accordance with the rules, to the waiver of the period remaining for the senior next of kin to make a request under paragraph (a).".

(2)In section 26(3) of the Coroners Act 2008, for "subsection (2)" substitute "subsection (2)(a)".

(3)For section 26(4)(b) of the Coroners Act 2008 substitute

"(b)subject to paragraph (c), if

(i)a request has been made under subsection (2)(a), 48 hours after the notice is given under subsection (3); or

(ii)the remainder of the period specified in subsection (2) has been waived by the senior next of kin under subsection (2)(b), on the giving of the waiver; or".

63Documents and prepared statements requested by coroner

s. 63

(1)In the heading to section 42 of the Coroners Act 2008, for "requested" substitute "required".

(2)In section 42(2) of the Coroners Act 2008

(a)for "request made by the coroner" substitute "requirement";

(b)in paragraph (b) for "request" substitute "requirement".


(a)for "requested" substitute "required";

(b)for "request" substitute "requirement".

64Inquest into a death

(1)In section 52(2) of the Coroners Act 2008, for "subsection (3)" substitute "subsections (3) and(3A)".

(2)After section 52(3) of the Coroners Act 2008 insert

"(3A)The coroner is not required to hold an inquest in the circumstances set out in subsection (2)(b) if the coroner considers that the death was due to natural causes.

(3B)For the purposes of subsection (3A), a death may be considered to be due to natural causes if the coroner has received a report from a medical investigator, in accordance with the rules, that includes an opinion that the death was due to natural causes.".

(3)In section 52(4) of the Coroners Act 2008, for "subsection (3)" substitute "subsections (3) and(3A)".

65Publication of findings and reports

s. 65

After section 73(1) of the Coroners Act 2008 insert

"(1A)Subject to subsection (1B), the findings, comments and recommendations made following an investigation may be published on the Internet in accordance with the rules.

(1B)A finding made following an investigation of a death of a deceased who was, immediately before the death, a person placed in custody or care that the death was due to natural causes must be published on the Internet in accordance with the rules.".

66Appeal in relation to determination that death not a reportable death

In section 78(2) of the Coroners Act 2008, for "3months" substitute "28days".

67Appeal in relation to determination of coroner not to investigate a fire

In section 80(2) of the Coroners Act 2008, for "3months" substitute "28days".

68Appeal in relation to determination not to hold an inquest

s. 68

At the foot of section 82 of the Coroners Act 2008 insert

"Note

See also section 87A.".

69Appeal against refusal by coroner to re-open investigation

(1)In section 84(2) of the Coroners Act 2008, for "3months" substitute "28 days".

(2)At the foot of section 84 of the Coroners Act 2008 insert

"Note

See also section 87A.".

70Appeal to Supreme Court is on a question of law

(1)In the heading to section 87 of the Coroners Act 2008 omit "is on a question of law".

(2)In section 87(1) of the Coroners Act 2008, for "An appeal" substitute "Subject to section 87A, an appeal".

71New section 87A inserted

After section 87 of the Coroners Act 2008 insert

"87AAppeal to Supreme Court in the interests of justice

(1)An appeal to the Supreme Court other than on a question of law may be made under section 82(1) in respect of a decision by a coroner to not hold an inquest into a death, or section 84(1) in respect of a refusal by the Coroners Court to re-open an investigation into a death, if the appeal is made by

(a)the senior next of kin of the deceased; or

(b)a person with sufficient interest.

(2)The Supreme Court may allow an appeal under subsection (1) if it is satisfied that it is necessary or desirable in the interests of justice to do so.".

72Rules of the Coroners Court

s. 72

After section 105(1)(ba) of the Coroners Act 2008 insert

"(bb)the manner of making a waiver under section26(2)(b) and the recording of such of a waiver;".

73Access to documents

(1)For section 115(1) of the Coroners Act 2008 substitute

"(1)Unless otherwise ordered by the coroner, the principal registrar must

(a)provide the senior next of kin of a deceased person written notice, in accordance with the rules, specifying

(i)that reports have been given to a coroner as a result of a medical examination performed on the deceased; and

(ii)that the senior next of kin may request copies of those reports; and

(iii)the manner in which the senior next of kin may request copies of those reports; and

(b)if an inquest is to be held, provide an interested party with a copy of the coronial brief.".


(a)for "inquest brief" substitute "coronial brief";

(b)in paragraph (c), for "an inquest" substitute "a coronial investigation";

(c)in paragraph (d), for "the inquest" substitute "the coronial investigation".


(a)for "an inquest brief" substitute "a coronial brief";

(b)for "the inquest" substitute "the coronial investigation".

74New section 120 inserted

s. 74

After section 119 of the Coroners Act 2008 insert

"120Transitional provisionCourts Legislation Miscellaneous Amendments Act2014

(1)In this section

amending Act means the Courts Legislation Miscellaneous Amendments Act 2014;

commencement day means the day on which section 64 of the amending Act comes into operation.

(2)Section 52, as in force on the commencement day, applies to a death of a deceased who was, immediately before the death, a person placed in custody or care if, immediately before the commencement day, an investigation into that death has not been completed by the coroner.".

s. 74

__________________

Part 5Court Security

75Definitions

s. 75

See:Act No.9499.Reprint No. 3as at7 August 2013and amendingAct Nos68/2013 and 37/2014.LawToday:www.legislation.vic.gov.au

In section 2(1) of the Court Security Act 1980 insert the following definitions

"Australian legal practitioner has the same meaning as in the Legal Profession Act 2004;

Court Services Victoria has the same meaning as in the Court Services Victoria Act 2014;

judicial officer includes a non-judicial member of VCAT;

news media organisation has the same meaning as in the Open Courts Act 2013;

proceeding means a proceeding in the Supreme Court, the County Court, the Magistrates' Court, the Children's Court, the Coroners Court, VCAT or the Victims of Crime Assistance Tribunal;

publish means disseminate or provide access to the public by any means, including

(a)by publication in a book, newspaper, magazine or other written publication; or

(b)broadcast by radio or television; or

(c)by electronic communication; or

(d)by public exhibition;

recording means all or part of an audio, visual or audiovisual recording and includes a photograph;".

76Heading to section 4 inserted

s. 76

Insert the following heading to section 4 of the Court Security Act 1980

"Offence to carry or possess firearm, explosive substance or offensive weapon on court premises".

77New sections 4A, 4B and 4C inserted

After section 4 of the Court Security Act 1980 insert

"4AOffence to record proceeding

(1)A person must not intentionally make a recording of a proceeding except in accordance with subsection (2), (3) or (4).

Penalty:20 penalty units.

(2)An officer, employee or agent, or any person authorised by or on behalf, of Court Services Victoria may make a recording of a proceeding if that person does so in the course of the person's engagement, employment or contract.

Example

To enable the preparation of an official transcript of a court proceeding.

(3)Subject to any direction of a judicial officer

(a)a representative of a news media organisation may make an audio recording of a proceeding for the purpose of preparing a media report; and

(b)an Australian legal practitioner or other prescribed person may make an audio recording of a proceeding for the purposes of the legal representation of a person in that proceeding.

(4)A person may make a recording of a proceeding if

(a)express written permission is given by a judicial officer, whether in respect of

(i)a specific proceeding or class of proceedings; or

(ii)generally; or

(b)required by or authorised under any other Act or subordinate instrument; or

(c)the recording is of a prescribed class of recordings.

4BOffence to publish recording of proceeding

s. 77

(1)A person must not intentionally publish a recording of a proceeding except in accordance with subsection (2).


(2)A person may publish a recording of a proceeding if express written permission is given by a judicial officer, whether

(a)in respect of a specific proceeding or class of proceedings or generally; or

(b)for a specific purpose; or

(c)subject to specified conditions; or

(d)in respect of a specific recording or class of recordings; or

(e)as provided for in any combination of paragraphs (a), (b), (c) or (d).

(3)A person who, after publishing a recording of a proceeding, becomes aware that the recording is not a recording permitted to be made under section 4A(2), (3) or (4) or permitted to be published under subsection(1) must take all reasonable steps within that person's power to remove from publication or take down that recording.


(4)A person is not liable to be prosecuted for an offence against both subsection (1) and section 4C(1) in respect of the same recording.

4COffence to transmit to or give recording of proceeding to another person

s. 77

(1)A person must not intentionally transmit to or give a recording of a proceeding to another person except in accordance with subsection (2), (3) or (4).


(2)An officer, employee or agent, or any person authorised by or on behalf, of Court Services Victoria may transmit a recording of a proceeding if that person does so in the course of the person's engagement, employment or contract.

Example

To enable the preparation of an official transcript of a court proceeding.

(3)Subject to any direction of a judicial officer

(a)a representative of a news media organisation may transmit an audio recording of a proceeding made in accordance with section 4A(3)(a) to another employee or agent of that news media organisation to enable that news media organisation to prepare a media report; and

(b)an Australian legal practitioner or other prescribed person may transmit an audio recording of a proceeding made in accordance with section 4A(3)(b) to another person assisting with the legal representation of the person referred to in that section in that proceeding.

(4)A person may transmit or give a recording of a proceeding to another person if

(a)express written permission is given by a judicial officer, whether in respect of

(i)a specific proceeding or class of proceedings; or

(ii)generally; or

(b)required by or authorised under any other Act or subordinate instrument; or

(c)the recording is of a prescribed class of recordings.".

78Regulations

s. 78

At the end of section 6 of the Court Security Act 1980 insert

"(2)The regulations

(a)may be of general or limited application;

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

(c)without limiting paragraph (b), may make different provision for different courts or tribunals or classes of courts or tribunals.".

s. 79

See:Act No.17/2014and amendingAct No.37/2014.StatuteBook:www.legislation.vic.gov.au

79Consequential amendment to Legal Profession Uniform Law Application Act2014

After item 26 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014 insert

"26ACourt Security Act 1980

26A.1In section 2(1), the definition of Australian legal practitioner is repealed.".

__________________

Part 6Judicial RegistrarsDivision 1Supreme Court Act 1986

80Guidelines relating to the appointment of judicial registrars

s. 80

In section 113D(1)(a) of the Supreme Court Act 1986, after "appointment" insert "(including re-appointment)".

81Appointment by the Governor in Council

In section 113F(5) of the Supreme Court Act 1986, after "re-appointment" insert "in accordance with section 113E and this section if the Chief Justice recommends to the Attorney-General that the person be re-appointed".

82Remuneration and terms and conditions of appointment

At the end of section 113G of the Supreme Court Act 1986 insert

"(8)Nothing in this section authorises the salary or the aggregate value of the allowances payable to a judicial registrar to be reduced.".

83New section 113GB inserted

Before section 113H of the Supreme Court Act 1986 insert

"113GBOath or affirmation of office

(1)A judicial registrar must take an oath or affirmation of office in the prescribed form and manner.

(2)Subsection (1) only applies to a person who is appointed or re-appointed as a judicial registrar on or after the commencement of section 83 of the Courts Legislation Miscellaneous Amendments Act 2014.

(3)A failure by a person to take an oath or affirmation of office in accordance with this section does not invalidate anything done by that person as a judicial registrar.".

84Section 113M substituted

s. 84

For section 113M of the Supreme Court Act 1986 substitute

"113MAppeal from or review of determination of Court constituted by judicial registrar

(1)The Rules may provide for appeals from or reviews of a determination of the Court constituted by a judicial registrar

(a)whether in respect of

(i)the hearing and determination of any proceeding (whether criminal or civil); or

(ii)any interlocutory application; and

(b)whether in respect of specified kinds of application or proceeding or generally; and

(c)by specifying whether the procedure is by way of appeal or review or both; and

(d)by specifying the way in which the Court may be constituted for those appeals or reviews.

(2)The powers in subsection (1) are in addition to and do not limit any power to make Rules under section 25.

(3)Unless the Rules otherwise provide, a determination of the Court constituted by a judicial registrar may be appealed from or reviewed

(a)on application of a party to the proceeding; or

(b)on the Court's own motion.

(4)If the Rules do not provide for an appeal from or a review of a determination of the Court constituted by a judicial registrar, the determination is to be subject to a review or an appeal conducted

s. 84

(a)by way of hearing de novo by the Court constituted

(i)in the case of a determination of the Court of Appeal constituted by a judicial registrar, by a Judge of Appeal; and

(ii)in the case of a determination of the Trial Division constituted by a judicial registrar, by a Judge of the Court; and

(b)otherwise in accordance with the Rules, if any.

(5)This section does not apply to a determination of the Costs Court constituted by a judicial registrar under Division 2B of Part 2 which is to be dealt with in accordance with section 17HA and the Rules.".

Division 2County Court Act 1958


s. 85

See:Act No.6230.Reprint No. 15as at1 May 2013and amendingAct Nos 6230,28/2013, 58/2013, 63/2013, 67/2013, 68/2013, 70/2013, 17/2014, 25/2014 and 37/2014.LawToday:www.legislation.vic.gov.au

In section 17M(1)(a) of the County Court Act 1958, after "appointment" insert "(including reappointment)".

86Appointment by the Governor in Council

In section 17O(5) of the County Court Act 1958, after "re-appointment" insert "in accordance with section 17N and this section if the Chief Judge recommends to the Attorney-General that the person be re-appointed".


At the end of section 17P of the County Court Act 1986 insert


88New section 17PA inserted

s. 88

After section 17P of the County Court Act 1958 insert

"17PAOath or affirmation of office




89Section 17V substituted

For section 17V of the County Court Act 1958 substitute

"17VAppeal from or review of determination of court constituted by judicial registrar

(1)The Rules may provide for appeals from or reviews of a determination of the court constituted by a judicial registrar






(d)by specifying the way in which the court may be constituted for those appeals or reviews.

(2)The powers in subsection (1) are in addition to and do not limit any power to make Rules under section 78.

s. 89

(3)Unless the Rules otherwise provide, a determination of the court constituted by a judicial registrar may be appealed from or reviewed


(b)on the court's own motion.

(4)If the Rules do not provide for an appeal from or a review of a determination of the court constituted by a judicial registrar, the determination is to be subject to a review or an appeal conducted

(a)by way of hearing de novo by the court constituted by a judge of the court; and

(b)otherwise in accordance with the Rules, if any.".

Division 3Magistrates' Court Act 1989


s. 90

See:Act No.51/1989.Reprint No. 18as at7 March 2014 and amending Act Nos 51/1989, 12/2010, 32/2013, 67/2013, 1/2014, 17/2014, 25/2014, 26/2014, 32/2014 and 37/2014.LawToday:www.legislation.vic.gov.au

In section 16B(1)(a) of the Magistrates' Court Act 1989, after "appointment" insert "(including re-appointment)".

91Appointment of judicial registrars

In section 16C(7) of the Magistrates' Court Act 1989, after "re-appointment" insert "in accordance with this section if the Chief Magistrate recommends to the Attorney-General that the person be re-appointed".

92Terms and conditions of appointment

At the end of section 16D of the Magistrates' Court Act 1989 insert


93New section 16DB inserted

s. 93

Before section 16E of the Magistrates' Court Act 1989 insert

"16DBOath or affirmation of office




94Rules of Court

In section 16I of the Magistrates' Court Act 1989

(a)in paragraph (b)(vi) for "1991." substitute "1991;";

(b)after paragraph (b) insert

"(c)reviews of, and appeals from, the court constituted by a judicial registrar.".

95Section 16K substituted

For section 16K of the Magistrates' Court Act 1989 substitute

"16KAppeal from or review of determination of Court constituted by judicial registrar

(1)The rules may provide for appeals from or reviews of a determination of the Court constituted by a judicial registrar







(2)The powers in subsection (1) are in addition to and do not limit any power to make rules under section 16I.

s. 95

(3)Unless the rules otherwise provide, a determination of the Court constituted by a judicial registrar may be appealed from or reviewed



(4)If the rules do not provide for an appeal from or a review of a determination of the Court constituted by a judicial registrar, the determination is to be subject to a review or an appeal conducted

(a)by way of hearing de novo by the Court constituted by a magistrate; and

(b)otherwise in accordance with the rules, if any.".

Division 4Children, Youth and Families Act 2005


s. 96

See:Act No.96/2005.Reprint No. 4as at27 March 2013and amendingAct Nos96/2005, 9/2013, 30/2013, 52/2013, 63/2013, 67/2013, 74/2013, 17/2014, 19/2014, 26/2014, 29/2014, 36/2014 and 37/2014.LawToday:www.legislation.vic.gov.au

In section 542B(1)(a) of the Children, Youth and Families Act 2005, after "appointment" insert "(including re-appointment)".

97Appointment by Governor in Council

In section 542D(5) of the Children, Youth and Families Act 2005, after "re-appointment" insert "in accordance with section 542C and this section if the President recommends to the Attorney-General that the person be re-appointed".


At the end of section 542E of the Children, Youth and Families Act 2005 insert


99New section 542EA inserted

s. 99

After section 542E of the Children, Youth and Families Act 2005 insert

"542EAOath or affirmation of office





For section 542K of the Children, Youth and Families Act 2005 substitute

"542KAppeal from or review of determination of Court constituted by judicial registrar

(1)The rules of court may provide for appeals from or reviews of a determination of the Court constituted by a judicial registrar


(i)the hearing and determination of any proceeding; or





(2)The powers in subsection (1) are in addition to and do not limit any power to make rules of court under section 588.

(3)Unless the rules of court otherwise provide, a determination of the Court constituted by a judicial registrar may be appealed from or reviewed



(4)If the rules of court do not provide for an appeal from or a review of a decision of the Court constituted by a judicial registrar, the decision is to be subject to a review or an appeal conducted

(a)by way of hearing de novo by the court constituted by a magistrate for the Court; and

(b)otherwise in accordance with the rules of court, if any.".

Division 5Coroners Act 2008


s. 101

In section 102B(1)(a) of the Coroners Act 2008, after "appointment" insert "(including reappointment)".

102Appointment by Governor in Council

In section 102D(5) of the Coroners Act 2008, after "re-appointment" insert "in accordance with section 102C and this section if the State Coroner recommends to the Attorney-General that the person be reappointed".


s. 102

At the end of section 102E of the Coroners Act 2008 insert


104New section 102EA inserted

After section 102E of the Coroners Act 2008 insert

"102EAOath or affirmation of office





s. 105

For section 102K of the Coroners Act 2008 substitute

"102KAppeal from or review of decisions of judicial registrar

(1)The rules may provide for appeals from or reviews of a decision of the Coroners Court constituted by a judicial registrar

(a)whether in respect of specified kinds of matters or generally; and

(b)by specifying whether decisions are by way of appeal or review; and

(c)by specifying the way in which the Coroners Court may be constituted for those appeals or reviews.

(2)The powers in subsection (1) are in addition to and do not limit any power to make rules under section 105.

(3)Unless the rules otherwise provide, a decision of the Coroners Court constituted by a judicial registrar may be appealed from or reviewed on the Coroner's Court's own motion.

(4)If the rules do not provide for an appeal from or a review of a decision of the Coroners Court constituted by a judicial registrar, the decision is to be subject to a review or an appeal conducted

(a)by way of hearing de novo by the Coroners Court constituted by a coroner; and

(b)otherwise in accordance with the rules, if any.".

Division 6Victims of Crime Assistance Act 1996

106Rules

s. 106

See:Act No.81/1996.Reprint No. 5as at16 June 2011and amendingAct Nos5/2013, 17/2014 and 26/2014.LawToday:www.legislation.vic.gov.au

After section 57(1)(c) of the Victims of Crime Assistance Act 1996 insert

"(ca)reviews under section 59A of decisions of the Tribunal constituted by a judicial registrar, including specifying whether the review is by way of hearing de novo or otherwise;".

107Review of delegated Tribunal decisions

(1)In section 59A(1) of the Victims of Crime Assistance Act 1996 for "A person" substitute "In accordance with the rules, a person".

(2)In section 59A(2) of the Victims of Crime Assistance Act 1996

(a)for "A review" substitute "Unless the rules otherwise provide, a review";

(b)after "novo" insert "by the Tribunal constituted by a magistrate and otherwise in accordance with the rules, if any".

__________________

Part 7Further Miscellaneous Amendments and RepealDivision 1Supreme Court Act 1986

108Regulations

s. 108

(1)After section 129(2)(d) of the Supreme Court Act 1986 insert

"(da)different fees for different classes of proceedings or different classes of party;".


"(2A)The regulations may

(a)be of general or limited application; and

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

(c)provide in a specified case or class of case for the exemption of any proceeding, person or thing or a class of proceeding, person or thing from any of the provisions of the regulations, whether

(i)unconditionally or on specified conditions; and

(ii)either wholly or to such an extent as is specified; and

(d)provide for the payment in advance of any fee fixed under subsection (1)(a); and

(e)provide for proportionate consequences of failure to pay any fee fixed under subsection (1)(a); and

(f)provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of any fee fixed under subsection (1)(a); and

(g)provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee fixed under subsection (1)(a) which was reduced, waived, postponed, remitted or refunded by or in accordance with the regulations; and

(h)confer a discretionary authority or impose a duty on any Judge of the Court, an Associate Judge, a judicial registrar or a specified court official or a specified class of judge, class of judicial registrar or court official; and

s. 108

(i)leave any matter or thing dealt with by or in accordance with the regulations to be decided by a specified court official or class of court official.".

(3)In section 129(3) of the Supreme Court Act 1986 for "The prothonotary" substitute "Subject to the regulations or any power to reduce, waive, postpone, remit or refund any fee fixed under subsection (1)(a), the prothonotary".


"(4)If the regulations provide for a remission or refund of a fee fixed under subsection (1)(a), the Consolidated Fund is appropriated to the necessary extent to enable any remission or refund to be paid.".

Division 2Interpretation of Legislation Act 1984

109Prescribing matters by reference to other documents

s. 109

See:Act No.10096.Reprint No. 11as at17 January 2013and amendingAct Nos7/2013, 22/2013, 30/2013, 36/2013, 57/2013, 70/2013, 17/2014 and 32/2014.LawToday:www.legislation.vic.gov.au

After section 32(13) of the Interpretation of Legislation Act 1984 insert

"(13A)If a subordinate instrument may prescribe, determine or fix any conditions of office for any person or class of persons, those conditions of office may be prescribed, determined or fixed by the subordinate instrument by reference in that subordinate instrument to the conditions of office applicable to any other person or class of persons prescribed, determined or fixed from time to time

(a)by or under any other Act; or

(b)by or under any Commonwealth Act.

(13B)Subsection (13A) applies

(a)whether or not the power to prescribe, determine or fix by subordinate instrument is subject to conditions, restrictions or limitations; and

(b)despite any rule of law to the contrary.".

Division 3Repeal of amending Act

110Repeal of amending Act

This Act is repealed on 1 September 2016.

Note