Courts Legislation Amendment (Reserve Judicial Officers) Act 2013

Courts Legislation Amendment (Reserve Judicial
Officers) Act 2013

No. 5 of 2013
TABLE OF PROVISIONS
Section
Page
PART 1PRELIMINARY
1
Purposes
Commencement
PART 2AMENDMENTS RELATING TO THE

SUPREME COURT
Division 1Amendments to the Constitution Act 1975
3
Definitions
Divisions of Court
Commissions of Judges
Chief Justice and Judges of Court of Appeal
Seniority
Governor in Council may appoint Acting Chief Justice 4
Governor in Council may appoint acting President
10
Appointment of acting Judges
11
Transitional provisionreserve Judges
12
New sections 81 to 81I inserted
81
Appointment of reserve Judges
81A
Cessation of office
81B
Attorney-General may engage reserve Judge to undertake duties of Judge of the

Court
6
81C
Powers, jurisdiction, immunities and protection of reserve Judge
81D
Pension rights and service not affected by being a reserve Judge
81E
Engaging in legal practice or other paid employment
81F
Remuneration and entitlements of reserve Judge 7
81G
Appropriation of certain amounts in relation to

reserve Judges
10
81H
Construction of referencesCourts Legislation Amendment (Reserve Judicial

Officers) Act 2013
10
81I
Regulations dealing with transitional matters

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 11
13
As to pensions of Judges of the Supreme Court and their

partners and children
12
14
Judges not to hold any other place of profit
12
Division 2Amendments to the Supreme Court Act 1986 13

15
Definitions
16
Business to be disposed of by Trial Division constituted by a Judge of the Court or by an

Associate Judge
13
17
Power to make Rules
14
18
Manner of making Rules
14
19
Council of Judges
14
20
Professional development and training
14
21
New section 151 inserted
14
151
13

PART 3AMENDMENTS RELATING TO THE COUNTY COURT
16
22
Definitions
16
23
Appointment and qualification of judges
16
24
Section 11 repealed
16
25
New sections 12 to 12G inserted
17
12
Appointment of reserve judges
17
12A
Cessation of office
17
12B
Attorney-General may engage reserve judge to

undertake duties of judge of the court
18
12C
Powers, jurisdiction, immunities and protection of reserve judge
18
12D
Pension rights and service not affected by being a reserve judge
18
12E
12F
Remuneration and entitlements of reserve judge 19
12G

reserve judges
21
26
Provision for pensions to County Court judges and their

partners
22
27
Professional development and training
22
28
Power to make rules of practice
23
29
Council of Judges
23
30
New sections 96 and 97 inserted
23
19
96
Transitional provisionsCourts Legislation

Amendment (Reserve Judicial Officers) Act 201323
97


MAGISTRATES' COURT
26
31
Definitions
26
32
Appointment of magistrates
26
33
Appointment of Acting Chief Magistrate
26
34
Section 9 repealed
26
35
New sections 9A to 9F inserted
27
9A
Appointment of reserve magistrates
27
9B
Cessation of office
27
9C
Attorney-General may engage reserve magistrate to undertake duties of a

magistrate
28
9D
Pension rights and service of Chief Magistrate not affected by being a reserve
magistrate
28
9E
Powers, jurisdiction, immunities and protection of reserve magistrate
9F
36
Salaries
29
37
Assignment of duties
29
38
Council of magistrates
29
39
Salaries and allowances of magistrates
30
PART 2RESERVE MAGISTRATES
30
40
11
Remuneration and entitlements of reserve magistrate
12

reserve magistrates
32
Savings and transitional provisions
29
29
30
33
50
51

PART 5CONSEQUENTIAL AMENDMENTS TO OTHER

ACTS
37
Division 1Judicial Remuneration Tribunal Act 1995 and Judicial Salaries Act 2004
37
41
DefinitionsJudicial Remuneration Tribunal Act 1995 37
42
Functions of the Tribunal
38
43
Advisory opinions
38
44
Attorney-General's certificate
38
45
DefinitionsJudicial Salaries Act 2004
38
46
Salaries of other judicial officers and remuneration of acting magistrates (2005 onwards)
39
47
Allowances of judicial officers
Division 2Amendments to other Acts
40
40
48
DefinitionsChildren, Youth and Families Act 2005 40
49
President, magistrate or acting magistrate to be in attendance
50
Assignment of magistrates or acting magistrates
41
51
President
41
52
Acting President
42
53
Assignment of duties
42
40
54
Delegation by President
42
55
Protection of magistrates or acting magistrates
42
56
Rules
42
57
DefinitionsCoroners Act 2008
43
58
State Coroner
43
59
Deputy State Coroner
43
60
Assignment of magistrates and acting magistrates to be

coroners
43
61
Rules of the Coroners Court
62
DefinitionsIndependent Broad-based Anti-corruption Commission Act 2011

44
63
DefinitionsOmbudsman Act 1973
45
64
DefinitionsProtected Disclosure Act 2012
45
65
Public Administration Act 2004Schedule 1A
46
66
DefinitionsVictims of Crime Assistance Act 1996 46
67
Establishment
47
68
Validity of proceedings
47
69
DefinitionsVictorian Civil and Administrative Tribunal

Act 1998
47
70
President
47
71
Vice Presidents
48
72
Short-term Vice Presidents
48
73
Vacation of office
48
74
Acting President
49
75
Acting Vice President
49
76
Additional acting judicial appointments
49
77
Membership
49
44
PART 6AMENDMENTS TO CHILDREN, YOUTH AND FAMILIES ACT 2005

YOUTH PAROLE BOARD AND
YOUTH RESIDENTIAL BOARD
50
78
Alternate membersYouth Residential Board
50
79
Alternate membersYouth Parole Board
50
PART 7REPEAL OF AMENDING ACT

80
51
Repeal of amending Act
51
ENDNOTES
52
Victoria
Courts
Legislation Amendment (Reserve Judicial Officers) Act 2013
No. 5 of 2013
[Assented to 26 February 2013]
The Parliament of Victoria enacts:
PART 1PRELIMINARY
1 Purposes
The main purposes of this Act are
(a) to amend the Constitution Act 1975, the
Supreme Court Act 1986, the County
Court Act 1958 and the Magistrates' Court
Act 1989
(i) to provide for reserve judicial officers
of those Courts; and
(ii) to repeal the office of acting judge and
acting magistrate; and
(b) to consequentially amend the Judicial
Salaries Act 2004 and other Acts.
2 Commencement
s. 2
(1)
This Act, except sections 62, 63 and 64,

comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Sections 62, 63 and 64 come into operation on a

day or days to be proclaimed.
__________________
PART 2AMENDMENTS RELATING TO THE SUPREME

COURT
Division 1Amendments to the Constitution Act 1975

3 Definitions
s. 3
See:
Act No.
8750.
Reprint No. 20
as at
13 October 2011.
LawToday:
www.
legislation.
vic.gov.au
(1) In section 5 of the Constitution Act 1975 insert

the following definition
"reserve Judge means a person appointed under
section 81;".
(2) In section 5 of the Constitution Act 1975, in the
definition of Judge of the Court after "75(3)"
insert "and, subject to this Act, and unless the
context otherwise requires, in Part III includes a
reserve Judge engaged under section 81B to
undertake the duties of a Judge of the Court
during any period of engagement".
4 Divisions of Court
After section 75A(5) of the Constitution Act
1975 insert
'(6) In this section, a reference to "Judges of
Appeal" includes any reserve Judges
engaged under section 81B to undertake the
duties of a Judge of Appeal during any
period of engagement.'.
5 Commissions of Judges
After section 77(4) of the Constitution Act 1975
insert
"(5) In this section, a reference to a Judge of the

Court does not include a reserve Judge.".
6 Chief Justice and Judges of Court of Appeal

s. 6
At the end of section 78A of the Constitution Act

1975 insert
"(2) A reserve Judge must not be appointed as
Chief Justice or President of the Court of
Appeal.".
7 Seniority
After section 78B(4) of the Constitution Act
1975 insert
"(5) Despite subsections (2) and (3), the Chief
Justice may determine the rank, status and
precedence of any reserve Judge engaged
under section 81B.".
8 Governor in Council may appoint Acting Chief
Justice
insert
Acting Chief Justice.".
9 Governor in Council may appoint acting President
After section 79A(2) of the Constitution Act
1975 insert
Acting President.".
10 Appointment of acting Judges
Section 80D of the Constitution Act 1975 is
repealed.
11 Transitional provisionreserve Judges

Section 80E of the Constitution Act 1975 is
repealed.
12 New sections 81 to 81I inserted

s. 12
Before section 82 of the Constitution Act 1975

insert
"81 Appointment of reserve Judges
(1) The Governor in Council may appoint as
many reserve Judges of the Court as are
necessary for transacting the business of the
Court.
(2) A person is not eligible for appointment as a
reserve Judge unless he or she
(a) has not attained the age of 75 years; and
(b) is, or has been
(i) a Judge of the Court; or
(ii) a judge of the Federal Court of
Australia; or
(iii) a judge of a Supreme Court
(however designated) of another
State, the Northern Territory or the
Australian Capital Territory.
(3) The instrument of appointment of a person
as a reserve Judge must specify the terms
and conditions of appointment.
(4) A reserve Judge is eligible for
re-appointment as a reserve Judge.
81A Cessation of office
(1) A reserve Judge ceases to hold office on the
earlier of
(a) the end of 5 years from the date of his

or her appointment as a reserve Judge;
or
(b) attaining the age of 75 years.
(2) A reserve Judge may only be removed from
office in the same way and on the same
grounds as a Judge of the Court is liable to
be removed from office.
81B Attorney-General may engage reserve
Judge to undertake duties of Judge of the
Court
s. 12
(1)
The Attorney-General may, from time

to time, by notice in writing, engage a
reserve Judge to undertake the duties of a
Judge of the Court
(a) on a full time basis; or
(b) on a sessional basis.
(2) Without limiting subsection (1), an

engagement under that subsection
(a) may specify that a reserve Judge is to
undertake
(i) the duties of a Judge of Appeal;
(ii) the duties of a Judge of the Court
other than a Judge of Appeal;
(b) must specify the period of the
engagement.
(3) The Attorney-General does not have the
power to revoke or amend a notice of
engagement under subsection (1).
81C Powers, jurisdiction, immunities and
protection of reserve Judge
Subject to this Act and the Supreme Court
Act 1986, a reserve Judge has the same
powers, jurisdiction, immunities and
protection as a Judge of the Court when
undertaking the duties of a Judge of the

Court in accordance with an engagement
under section 81B.
81D Pension rights and service not affected by
being a reserve Judge
(1) Service as a reserve Judge does not count as
service in the office of Judge of the Court for
the purposes of section 83.
(2) Despite section 83(4)(i) and (ii), appointment
as a reserve Judge does not affect the right of
a Judge to a pension under section 83.
81E Engaging in legal practice or other paid
employment
s. 12
Except with the approval of the AttorneyGeneral, a reserve Judge must not engage in
legal practice, undertake paid employment or
conduct a business, trade or profession of
any kind while engaged to undertake the
duties of a Judge of the Court under
section 81B.
81F Remuneration and entitlements of reserve
Judge
(1) Subject to subsection (2), each reserve Judge
engaged to undertake the duties of a Judge of
the Court on a full time basis under
section 81B must be paid a salary in
accordance with the rate for the time being
applicable under the Judicial Salaries Act
2004 to the holder of that office on other
than a reserve basis.
(2) If a reserve Judge who is engaged to
on a full time basis under section 81B is
entitled to
(a) a non-contributory pension under a
relevant Act within the meaning of
section 16A of the State

Superannuation Act 1988; or
(b) because he or she has held a public
office in another jurisdiction, a noncontributory pension under any other
law
the amount of pension to which the reserve
Judge is entitled must be deducted from the
salary payable to that reserve Judge under
subsection (1).
(3) Subject to subsection (4), each reserve Judge
engaged to undertake the duties of a Judge of
the Court on a sessional basis under
section 81B must be paid the sessional rate
for the time being applicable under the
Judicial Salaries Act 2004 to the holder of
that office.
s. 12
(4)
A reserve Judge engaged to undertake

the duties of a Judge of the Court on a
sessional basis under section 81B who is
entitled to
law
must be paid a salary calculated in
accordance with the following formula
235
where
S means the sessional rate for the time

being applicable under the Judicial
Salaries Act 2004 to the reserve Judge;
P means the annual pension to which the
reserve Judge is entitled that is referred
to in paragraph (a) or (b).
(5) Each reserve Judge shall be paid allowances
at the rate or amount or of the kind as are for
the time being applicable under the Judicial
Salaries Act 2004.
(6) A reserve Judge, by notice in writing to the
Attorney-General, may enter into an
arrangement under which the reserve Judge
agrees to receive the whole or part of his or
her total amount of future salary (whether or
not payable at a sessional rate) as non-salary
benefits of an equivalent value.
s. 12
(7)
The notice under subsection (6) must

specify a date from which the arrangement is
to take effect which must be
(a) the date on which the notice is given; or
(b) a later date.
(8) A reserve Judge may vary or revoke a notice

he or she has given under subsection (6) by
notice in writing to the Attorney-General.
(9) The notice of variation or revocation must
specify a date from which the variation or
revocation is to take effect which must be
(b) a later date.
(10) In subsection (6) and section 81G, nonsalary benefits has the same meaning as it
has in clause 3(5) of Schedule 1A to the
Public Administration Act 2004.
81G Appropriation of certain amounts in

relation to reserve Judges
The following are to be paid out of the
Consolidated Fund, which is appropriated to
the necessary extent
(a) the amounts (including the amount of
any non-salary benefits) payable to or
for reserve Judges; and
(b) premiums and other amounts payable
under the Accident Compensation
(WorkCover Insurance) Act 1993 in
respect of any reserve Judge; and
(c) payroll tax payable under the Payroll
Tax Act 2007 in respect of wages paid
or payable to any reserve Judge; and
(d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
any reserve Judge; and
(e) superannuation contributions within the
meaning of the Payroll Tax Act 2007
payable in respect of any reserve Judge.
81H Construction of referencesCourts
Legislation Amendment (Reserve Judicial
Officers) Act 2013
s. 12
Unless inconsistent with the context or the

subject matter, on and from the
commencement of section 10 of the Courts
Officers) Act 2013, a reference in any Act
(other than this Act, the Supreme Court Act
1986 or the Courts Legislation
Amendment (Reserve Judicial Officers)
Act 2013), subordinate instrument or any
other document to an acting Judge, being an
acting Judge appointed under section 80D as
in force immediately before its repeal, is to

be construed as a reference to a reserve
Judge so far as the reference relates to any
period on or after that commencement.
81I Regulations dealing with transitional
mattersCourts Legislation Amendment
(Reserve Judicial Officers) Act 2013
s. 12
(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 the Courts
Officers) Act 2013, including the repeals
and amendments made by that Act.
(2) Regulations made under this section may

(a) have a retrospective effect to a day on
or from the day on which the Courts
Legislation Amendment (Reserve
Judicial Officers) Act 2013 received
the Royal Assent; and
(b) be of limited or general application; and
(c) leave any matter or thing to be decided
by a specified person or class of person;
and
(d) provide for the exemption of persons or
things or a class of persons or things
from any of the regulations made under
this section.
(3) Regulations under this section have effect

despite anything to the contrary
(a) in any Act (other than the Courts

Judicial Officers) Act 2013 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.".
13 As to pensions of Judges of the Supreme Court and
their partners and children
s. 13
(1)
At the foot of section 83(1) of the

Constitution Act 1975 insert
"Note
See sections 81D and 81F as to pension entitlements and
appointment as a reserve Judge.".
(2) In section 83(6)(aa) of the Constitution Act 1975,

after "if" insert ", before the repeal of section 80D
by section 10 of the Courts Legislation
Amendment (Reserve Judicial Officers) Act
2013,".
14 Judges not to hold any other place of profit
insert
"(6) This section applies to a reserve Judge
during any period of engagement under
section 81B.".
Division 2Amendments to the Supreme Court Act 1986

15 Definitions
s. 15
See:
Act No.
110/1986.
Reprint No. 7
as at
1 January 2011
and amending
Act Nos
50/2011, 26/2012 and 68/2012.
LawToday:
www.
legislation.
vic.gov.au
(1) In section 3(1) of the Supreme Court Act 1986

insert the following definition
"reserve Judge means a person appointed under
section 81 of the Constitution Act 1975;".
(2) In section 3(1) of the Supreme Court Act 1986
(a) in the definition of Judge of Appeal after
"1975" insert "and, subject to this Act, and
unless the context otherwise requires,
includes a reserve Judge engaged under
section 81B of the Constitution Act 1975 to
undertake the duties of a Judge of Appeal
during any period of engagement";
(b) in the definition of Judge of the Court after
"1975" insert "and, subject to this Act, and
unless the context otherwise requires,
includes a reserve Judge engaged under
section 81B of the Constitution Act 1975 to
during any period of engagement".
16 Business to be disposed of by Trial Division
constituted by a Judge of the Court or by an
Associate Judge
After section 17(3) of the Supreme Court Act
1986 insert
"(4) In this section, a reference to a Judge of the
Court includes a reserve Judge engaged
under section 81B of the Constitution Act
1975 to undertake the duties of a Judge of
the Court in the Trial Division during any

period of engagement.".
17 Power to make Rules

s. 17
In section 25(1) of the Supreme Court Act 1986,

for "Judge who has made an election under
section 80A(1) or has been appointed under
section 80A(3A) of the Constitution Act 1975"
substitute "reserve Judge".
18 Manner of making Rules

In section 26 of the Supreme Court Act 1986, for
"Judge who has made an election under section
80A(1) or has been appointed under section
80A(3A) of the Constitution Act 1975"
substitute "reserve Judge".
19 Council of Judges
For section 28(4) of the Supreme Court Act 1986
substitute
"(4) In this section, Judges does not include any
reserve Judge or any Associate Judge.".
20 Professional development and training
In section 28A(1) of the Supreme Court Act
1986 for paragraph (a) of the definition of judicial
officer substitute
"(a) a Judge of the Court, including a reserve
Judge; or".
21 New section 151 inserted
After section 150 of the Supreme Court Act 1986
insert
"151 Regulations dealing with transitional
(1) The Governor in Council may make

and
this section.
s. 21
(4)
This section is repealed on the second

into operation.".
__________________
PART 3AMENDMENTS RELATING TO THE COUNTY

COURT
22 Definitions
s. 22
See:
Act No.
6230.
Reprint No. 14
as at
1 August 2010
and amending
Act Nos 34/2010,
47/2010, 64/2010, 50/2011, 65/2011, 23/2012, 26/2012 and 68/2012.
LawToday:
www.
legislation.
vic.gov.au
(1) In section 3(1) of the County Court Act 1958, in

the definition of judge
(a) omit "or acting judge";
(b) after "Chief Judge" insert "and, subject to
this Act, and unless the context otherwise
requires, a reserve judge engaged under
section 12B to undertake the duties of a
judge during any period of engagement".
(2) In section 3(1) of the County Court Act 1958
insert the following definition
"reserve judge means a person appointed under
section 12;".
23 Appointment and qualification of judges
After section 8(2B) of the County Court Act
1958 insert
"(2C) A reserve judge must not
(a) be appointed as Chief Judge;
(b) be appointed as Acting Chief Judge;
(c) act as Chief Judge.".
24 Section 11 repealed
Section 11 of the County Court Act 1958 is

repealed.
25 New sections 12 to 12G inserted

s. 25
Before section 13 of the County Court Act 1958

insert
"12 Appointment of reserve judges
many reserve judges of the court as are
necessary for transacting the business of the
court.
reserve judge unless he or she
(b) is, or has been
(i) a judge of the court; or
(ii) a judge of a District Court
(however designated) of another
State.
as a reserve judge must specify the terms and
conditions of appointment.
(4) A reserve judge is eligible for
re-appointment as a reserve judge.
12A Cessation of office
(1) A reserve judge ceases to hold office on the
earlier of
or her appointment as a reserve judge;
or

(2) A reserve judge may only be removed from
office in the same way and on the same
grounds as a judge of the court is liable to be
removed from office.
12B Attorney-General may engage reserve
judge to undertake duties of judge of the
court
(1) The Attorney-General may, from time to
time, by notice in writing, engage a reserve
judge to undertake the duties of a judge of
the court
engagement under that subsection must
specify the period of the engagement.
12C Powers, jurisdiction, immunities and
protection of reserve judge
s. 25
Subject to this Act, a reserve judge has the

same powers, jurisdiction, immunities and
protection as a judge of the court when
undertaking the duties of a judge of the court
in accordance with an engagement under
section 12B.
12D Pension rights and service not affected by
being a reserve judge
(1) Service as a reserve judge does not count as
service in the office of judge of the court for
the purposes of section 14.
(2) Despite section 14(3A)(a) and (b),
appointment as a reserve judge does not
affect the right of a judge to a pension under

section 14.
12E Engaging in legal practice or other paid
employment
Except with the approval of the AttorneyGeneral, a reserve judge must not engage in
legal practice, undertake paid employment or
conduct a business, trade or profession of
any kind while engaged to undertake the
duties of a judge of the court under
section 12B.
12F Remuneration and entitlements of reserve
judge
s. 25
(1)
Subject to subsection (2), each reserve

judge engaged to undertake the duties of a
judge of the court on a full time basis under
section 12B must be paid a salary in
(2) If a reserve judge who is engaged to

undertake the duties of a judge of the court
on a full time basis under section 12B is
entitled to
law
judge is entitled must be deducted from the
salary payable to that reserve judge under

subsection (1).
(3) Subject to subsection (4), each reserve judge
engaged to undertake the duties of a judge of
the court on a sessional basis under
section 12B must be paid the sessional rate
for the time being applicable under the
Judicial Salaries Act 2004 to the holder of
that office.
(4) A reserve judge engaged to undertake the
duties of a judge of the court on a sessional
basis under section 12B who is entitled to
law
s. 25

235
where
Salaries Act 2004 to the reserve judge;
reserve judge is entitled that is referred
to in paragraph (a) or (b).
(5) Each reserve judge shall be paid allowances
at the rate or amount or of the kind as are for
Salaries Act 2004.
(6) A reserve judge, by notice in writing to the

Attorney-General, may enter into an
arrangement under which the reserve judge
agrees to receive the whole or part of his or
her total amount of future salary (whether or
not payable at a sessional rate) as non-salary
benefits of an equivalent value.
(7) The notice under subsection (6) must specify
a date from which the arrangement is to take
effect which must be
(b) a later date.
s. 25
(8)
A reserve judge may vary or revoke a

notice he or she has given under subsection
(6) by notice in writing to the AttorneyGeneral.

(b) a later date.
(10) In subsection (6) and section 12G, nonsalary benefits has the same meaning as it
has in clause 3(5) of Schedule 1A to the
Public Administration Act 2004.
12G Appropriation of certain amounts in
relation to reserve judges
for reserve judges; and

respect of any reserve judge; and
or payable to any reserve judge; and
any reserve judge; and
payable in respect of any reserve
judge.".
26 Provision for pensions to County Court judges and
their partners
s. 26
(1)
At the foot of section 14(2) of the County

Court Act 1958 insert
"Note
See sections 12D and 12F as to pension entitlements and
appointment as a reserve judge.".
(2) In section 14(5)(aa) of the County Court Act

1958, after "if" insert ", before the repeal of
section 11 by the Courts Legislation
Amendment (Reserve Judicial Officers) Act
2013,".
27 Professional development and training
In section 17AAA(1) of the County Court Act
1958 for paragraph (a) of the definition of judicial
officer substitute
"(a) a judge, including a reserve judge; or".
28 Power to make rules of practice
s. 28
In section 78(1) and (2) of the County Court Act

1958, for "other than judges who made an election
under section 13A(1), or were appointed under
section 13A(3A), before the commencement of
section 7 of the Courts Legislation (Judicial
Appointments and Other Amendments) Act
2005" substitute "other than reserve judges".
29 Council of Judges
In section 87(3) of the County Court Act 1958
for "judge who made an election under section
13A(1), or was appointed under section 13A(3A),
before the commencement of section 7 of the
Courts Legislation (Judicial Appointments and
Other Amendments) Act 2005" substitute
"reserve judge".
30 New sections 96 and 97 inserted
After section 95 of the County Court Act 1958
insert
"96 Transitional provisionsCourts
Officers) Act 2013
(1) On and from the commencement of
section 24 of the Courts Legislation
Act 2013, a person who held the office of
acting judge under section 11 as in force
immediately before its repeal is taken to hold
the office of reserve judge as if he or she had
been appointed as a reserve judge under
section 12.
(2) If a person referred to in subsection (1) was
engaged under section 11 as in force
immediately before its repeal on a full time
or sessional basis, on and from the
Officers) Act 2013, that engagement
continues until its expiry as if it were an

engagement under section 12B.
(3) Unless inconsistent with the context or the
(other than this Act or the Courts
Officers) Act 2013), subordinate instrument
or any other document to an acting judge,
being an acting judge appointed under
section 11 as in force immediately before its
repeal, is to be construed as a reference to a
reserve judge so far as the reference relates
to any period on or after that
commencement.
97 Regulations dealing with transitional
s. 30
(1)


and

this section.
s. 30
(4)
This section is repealed on the second

into operation.".
__________________

MAGISTRATES' COURT
31 Definitions
s. 31
See:
Act No.
51/1989.
Reprint No. 16
as at
1 January 2012 and amending Act Nos 12/2010, 65/2011, 23/2012, 26/2012 and 48/2012.
LawToday:
www.
legislation.
vic.gov.au
(1) In section 3(1) of the Magistrates' Court Act

1989, in the definition of magistrate, for
"an acting magistrate" substitute "a reserve
magistrate engaged under section 9C to undertake
the duties of a magistrate during any period of
engagement".
1989 insert the following definition
"reserve magistrate means a person appointed
under section 9A;".
32 Appointment of magistrates
(1) In section 7(7A) of the Magistrates' Court Act
1989, for "was immediately prior to his or her
appointment an acting magistrate, during that
appointment" substitute "was appointed as a
magistrate before the repeal of section 9 by the
Courts Legislation Amendment (Reserve
Judicial Officers) Act 2013 and immediately
before that appointment as a magistrate was an
acting magistrate under section 9, during that
appointment as an acting magistrate,".
1989, for "an acting" substitute "a reserve".
33 Appointment of Acting Chief Magistrate
In section 8(1) of the Magistrates' Court Act

1989, after "the magistrates" insert "(other than a
reserve magistrate)".
34 Section 9 repealed
Section 9 of the Magistrates' Court Act 1989 is
repealed.
35 New sections 9A to 9F inserted
s. 35
Before section 10 of the Magistrates' Court Act

1989 insert
"9A Appointment of reserve magistrates
many reserve magistrates as are necessary
for transacting the business of the Court.
reserve magistrate unless he or she
(b) is, or has been
(i) a magistrate appointed under
section 7 or any previous
corresponding provision; or
(ii) a magistrate of a Magistrates'
Court or Local Court (however
designated) of another State or the
Northern Territory or the
Australian Capital Territory.
as a reserve magistrate must specify the
terms and conditions of appointment.
(4) A reserve magistrate is eligible for
re-appointment as a reserve magistrate.
9B Cessation of office
(1) A reserve magistrate ceases to hold office on
the earlier of

or her appointment as a reserve
magistrate; or
(2) A reserve magistrate may only be removed
from office in the same way and on the same
grounds as a magistrate is liable to be
removed from office.
9C Attorney-General may engage reserve
magistrate to undertake duties of a
magistrate
s. 35
(1)
The Attorney-General may, from time

to time, by notice in writing, engage a
reserve magistrate to undertake the duties of
a magistrate

engagement under that subsection must
specify the period of the engagement.
9D Pension rights and service of Chief
Magistrate not affected by being a reserve
magistrate
(1) Despite section 10A(2), appointment as a
reserve magistrate does not affect the right of
a person who was the Chief Magistrate
before that appointment to a pension under
section 10A.
(2) Service as a reserve magistrate does not
count as service in the office of Chief
Magistrate for the purposes of section 10A.
9E Powers, jurisdiction, immunities and

protection of reserve magistrate
Subject to this Act, a reserve magistrate has
the same powers, jurisdiction, immunities
and protection as a magistrate when
undertaking the duties of a magistrate in
accordance with an engagement under
section 9C.
9F Engaging in legal practice or other paid
employment
Except with the approval of the AttorneyGeneral, a reserve magistrate must not
engage in legal practice, undertake paid
employment or conduct a business, trade or
profession of any kind while engaged to
undertake the duties of a magistrate under
section 9C.".
36 Salaries
s. 36

1989, for "acting" substitute "reserve".
37 Assignment of duties
1989, for "an acting" substitute "a reserve".
38 Council of magistrates
1989 omit "(not including any acting magistrate)".
(2) After section 15(3) of the Magistrates' Court Act
1989 insert
'(4) In this section, "magistrate" does not include
a reserve magistrate.'.
39 Salaries and allowances of magistrates

s. 39
For Part 2 of Schedule 1 to the Magistrates'

Court Act 1989 substitute
"PART 2RESERVE MAGISTRATES
11 Remuneration and entitlements of reserve

magistrate
(1) Subject to subclause (2), each reserve
magistrate engaged to undertake the duties of
a magistrate on a full time basis under
section 9C must be paid a salary in
(2) If a reserve magistrate who is engaged to
undertake the duties of a magistrate on a full
time basis under section 9C is entitled to
law
magistrate is entitled must be deducted from
the salary payable to that reserve magistrate
under subclause (1).
(3) Subject to subclause (4), each reserve
magistrate engaged to undertake the duties of
a magistrate on a sessional basis under
section 9C must be paid the sessional rate for
Salaries Act 2004 to the holder of that

office.
(4) A reserve magistrate engaged to undertake
the duties of a magistrate on a sessional basis
under section 9C who is entitled to
law
235
where
Salaries Act 2004 to the reserve
magistrate;
reserve magistrate is entitled that is
referred to in paragraph (a) or (b).
(5) Each reserve magistrate shall be paid
allowances at the rate or amount or of the
kind as are for the time being applicable
under the Judicial Salaries Act 2004.
s. 39
(6)
A reserve magistrate, by notice in

writing to the Attorney-General, may enter
into an arrangement under which the reserve
magistrate agrees to receive the whole or part
of his or her total amount of future salary
(whether or not payable at a sessional rate)
as non-salary benefits of an equivalent value.
(7) The notice under subclause (6) must specify

a date from which the arrangement is to take
effect which must be
(b) a later date.
(8) A reserve magistrate may vary or revoke a
notice he or she has given under subclause
(6) by notice in writing to the AttorneyGeneral.
(b) a later date.
(10) In subclause (6) and clause 12, non-salary
benefits has the same meaning as it has in
clause 3(5) of Schedule 1A to the Public
Administration Act 2004.
12 Appropriation of certain amounts in
relation to reserve magistrates
s. 39

for any reserve magistrate; and
respect of any reserve magistrate; and
or payable to any reserve magistrate;
and

any reserve magistrate; and
payable in respect of any reserve
magistrate.".
40 Savings and transitional provisions
s. 40
After clause 49 of Schedule 8 to the Magistrates'

Court Act 1989 insert
"50 Courts Legislation Amendment (Reserve
Judicial Officers) Act 2013
Act 2013, a person who held the office of
acting magistrate under section 9 as in force
immediately before its repeal who is not
eligible to be a reserve magistrate under
section 9A, but is eligible to be a magistrate
under section 7, is taken to hold the office of
magistrate as if he or she had been appointed
as a magistrate under section 7 on the
Officers) Act 2013.
Act 2013, a person other than a person
referred to in subsection (1) who held the
office of acting magistrate under section 9 as
in force immediately before its repeal is
taken to hold the office of reserve magistrate
as if he or she had been appointed as a
reserve magistrate under section 9A.
(3) If a person referred to in subclause (2) was

required to undertake the duties of a
magistrate under section 9(4) as in force
immediately before its repeal on a full time
or sessional basis, on and from the
Officers) Act 2013, that requirement
continues until its expiry as if it were an
engagement under section 9C.
s. 40
(4)
If, immediately before the

Officers) Act 2013, a person referred to in
subclause (1) or (2) was assigned under
section 93 of the Coroners Act 2008 to be a
coroner for the Coroners Court, that
assignment continues until that person ceases
to hold the office of magistrate or reserve
magistrate or the assignment is revoked
under that Act.
(5) If, immediately before the commencement of

Act 2013, a person referred to in subclause
(1) or (2) was assigned under section 507 of
the Children, Youth and Families Act 2005
to be a magistrate for the Children's Court,
that assignment continues until that person
ceases to hold the office of magistrate or
reserve magistrate or the assignment is
revoked under that Act.
(6) Unless inconsistent with the context or the
(other than this Act or the Courts
Officers) Act 2013), subordinate instrument

or any other document to an acting
magistrate, being an acting magistrate
appointed under section 9 as in force
immediately before its repeal, is to be
construed as a reference to a reserve
magistrate so far as the reference relates to
any period on or after that commencement.
51 Regulations dealing with transitional
s. 40
(1)

(2) Regulations made under this clause may

and
this clause.
(3) Regulations under this clause have effect

s. 40
(4)
This clause is repealed on the second

into operation.".
__________________
PART 5CONSEQUENTIAL AMENDMENTS TO OTHER

ACTS
Division 1Judicial Remuneration Tribunal Act 1995 and

Judicial Salaries Act 2004
See: 41
Act
No.
s. 41
22/1
995.
Rep
rint
No.
1
as
at
22
Jun
e
200
5
and
ame
ndin
g
Act
Nos
80/2
006,
24/2
008,
77/2
008
and
68/2
012.
Law
Tod
ay:
ww
w.
legi
slati
on.
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gov.
au
DefinitionsJudicial Remuneration Tribunal

Act 1995
In section 3 of the Judicial Remuneration
Tribunal Act 1995
(a)
in the definition of recommendation for

"acting magistrates" substitute "reserve
office holders";
(b)
after the definition of recommendation

insert
"reserve office holder means
(a)
in the case of the Supreme

Court, a reserve Judge within
the meaning of the
Constitution Act 1975
engaged under section 81B of
that Act to undertake the duties
of a Judge of the Court;
(b)
in the case of the County

Court, a reserve judge within
the meaning of the County
Court Act 1958 engaged under
section 12B of that Act to
undertake the duties of a judge
of the court;
(c)
in the case of the Magistrates'

Court, a reserve magistrate
within the meaning of the
Magistrates' Court Act 1989
engaged under section 9C of that
Act to undertake the duties of a
magistrate;".
42 Functions of the Tribunal

s. 42
In section 11(1)(c) of the Judicial Remuneration

Tribunal Act 1995, for "office, acting judges and
acting magistrates" substitute "office or reserve
office holders".
43 Advisory opinions
In section 11A of the Judicial Remuneration
Tribunal Act 1995
(a) in subsection (2) for "acting magistrates"
substitute "reserve office holders";
(b) subsection (3) is repealed.
44 Attorney-General's certificate
In section 15(1) of the Judicial Remuneration
Tribunal Act 1995
(a) in paragraph (a) for "office, acting judges or
acting magistrates" substitute "office or
reserve office holders";
(b) in paragraph (c) for "acting judges or acting
magistrates" substitute "reserve office
holders".
See:
Act
No.
38/2
004.
Rep
rint
No.
1
as
at
20
May
201
0
and
ame
ndin
g
Act
No.
34/2
010.
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au
45
DefinitionsJudicial Salaries Act 2004

In section 3(1) of the Judicial Salaries Act 2004
insert the following definitions
"reserve judge of the County Court means a
reserve judge within the meaning of the
County Court Act 1958 engaged under
section 12B of that Act to undertake the
duties of a judge of the court;
reserve Judge of the Supreme Court means a
reserve Judge within the meaning of the
Constitution Act 1975 engaged under
section 81B of that Act to undertake the
duties of a Judge of the Court;
reserve magistrate means a reserve magistrate

within the meaning of the Magistrates'
Court Act 1989 engaged under section 9C
of that Act to undertake the duties of a
magistrate;".
46 Salaries of other judicial officers and remuneration
of acting magistrates (2005 onwards)
s. 46
(1)
In the heading to section 6 of the Judicial

Salaries Act 2004, for "acting magistrates"
substitute "reserve magistrates".
(2) After section 6(3) of the Judicial Salaries Act

2004 insert
"(3AA) Subsections (2A), (2B) and (3) cease to have
effect on the commencement of section 3 of
the Courts Legislation Amendment
(Reserve Judicial Officers) Act 2013.
(3AAB) A reserve Judge of the Supreme Court
performing the duties of a Judge on a
sessional basis is entitled to be paid from
time to time remuneration at the rate per
sitting day which is 1/235th of the annual
salary of a Supreme Court Judge who is not
a reserve Judge.
(3AAC) A reserve judge of the County Court
performing the duties of a judge on a
sessional basis is entitled to be paid from
time to time remuneration at the rate per
sitting day which is 1/235th of the annual
salary of a judge of the County Court (other
than the Chief Judge) who is not a reserve
judge.
(3AAD) A reserve magistrate performing the duties of
a magistrate on a sessional basis is entitled to
be paid from time to time remuneration at
the rate per sitting day which is 1/235th of
the annual salary of a magistrate (other than
the Chief Magistrate and the Deputy Chief
Magistrates) who is not a reserve

magistrate.".
47 Allowances of judicial officers
s. 47
In section 7(2) of the Judicial Salaries Act 2004

for "an acting" (wherever occurring) substitute
"a reserve".
Division 2Amendments to other Acts
See:
Act
No.
96/2
005.
Rep
rint
No.
3
as
at
1
Jan
uary
201
1
and
ame
ndin
g
Act
Nos
51/2
006,
53/2
010,
27/2
011,
29/2
011,
54/2
011,
80/2
011,
20/2
012,
23/2
012,
26/2
012
and
48/2
012.
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au
48
DefinitionsChildren, Youth and Families Act

2005
(1)
In section 3(1) of the Children, Youth and

Families Act 2005, insert the following
definitions
"reserve judge has the same meaning as it has in
the County Court Act 1958;
reserve magistrate has the same meaning as it has
in the Magistrates' Court Act 1989;".
(2)
49

Families Act 2005, in the definition of
magistrate after "the Court" insert "and
includes a reserve magistrate engaged under
section 9C of the Magistrates' Court Act
1989 to undertake the duties of a magistrate
and assigned to be a magistrate of the Court
under section 507".
President, magistrate or acting magistrate to be

in attendance
(1)
In the heading to section 506 of the Children,

Youth and Families Act 2005, for "acting"
substitute "reserve".
(2)
In section 506 of the Children, Youth and

Families Act 2005, for "an acting magistrate"
substitute "a reserve magistrate engaged under
section 9C of the Magistrates' Court Act
1989".
50 Assignment of magistrates or acting magistrates

s. 50
(1)
In the heading to section 507 of the

Children, Youth and Families Act 2005, for
"acting" substitute "reserve".
(2) In section 507(1) of the Children, Youth and

Families Act 2005, for "as an acting magistrate
under section 9 of that Act" substitute "as a
reserve magistrate".
Families Act 2005, for "acting magistrate" (where
twice occurring) substitute "reserve magistrate".
Families Act 2005, for "acting magistrate"
substitute "reserve magistrate".
Families Act 2005, for "acting magistrate"
(wherever occurring) substitute "reserve
magistrate".
(6) After section 507(4) of the Children, Youth and
Families Act 2005 insert
"(5) A reserve magistrate assigned under this
section to be a magistrate for the Court may
only exercise powers of a magistrate for the
Court when the reserve magistrate is
engaged under section 9C of the
Magistrates' Court Act 1989 to undertake
the duties of a magistrate.".
51 President
Families Act 2005, after "judge of the County
Court" insert "(other than a reserve judge)".
52 Acting President
s. 52

Families Act 2005, after "magistrate" insert
"(other than a reserve magistrate)".
53 Assignment of duties
Families Act 2005, after "for the Court" insert
", including a reserve magistrate engaged under
section 9C of the Magistrates' Court Act 1989 to
undertake the duties of a magistrate and assigned
to the Court".
54 Delegation by President
At the end of section 511 of the Children, Youth
and Families Act 2005 insert
'(2) In this section, "magistrate for the Court"
does not include a reserve magistrate.'.
55 Protection of magistrates or acting magistrates
(1) In the heading to section 513 of the Children,
Youth and Families Act 2005, for "acting"
substitute "reserve".
See:
Act
No.
77/2
008.
Rep
rint
No.
1
as
at
21
July
201
1
and
ame
ndin
g
Act
No.
52/2
012.
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ay:
ww
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slati
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vic.
gov.
au
(2) In section 513 of the Children, Youth and

Families Act 2005, for "or acting magistrate"
substitute ", or a reserve magistrate engaged
under section 9C of the Magistrates' Court
Act 1989,".
56
Rules
After section 588(2) of the Children, Youth and
'(3)
57
In this section, "magistrate" or

"magistrate for the Court" does not
include a reserve magistrate.'.
DefinitionsCoroners Act 2008
s. 57
(1)
In section 3(1) of the Coroners Act 2008, in

the definition of coroner, in paragraph (c)
for "acting magistrate" substitute "reserve
magistrate engaged under section 9C of the
Magistrates' Court Act 1989".
(2) In section 3(1) of the Coroners Act 2008, insert

the following definitions
"reserve judge has the same meaning as it has in
the County Court Act 1958;
reserve magistrate has the same meaning as it has
in the Magistrates' Court Act 1989;".
58 State Coroner
In section 91(2) of the Coroners Act 2008, after
"a judge of the County Court" insert "(other than
a reserve judge)".
59 Deputy State Coroner
In section 92(2) of the Coroners Act 2008, after
"magistrate" insert "(other than a reserve
magistrate)".
60 Assignment of magistrates and acting magistrates to
be coroners
(1) In the heading to section 93 of the Coroners Act
2008, for "acting" substitute "reserve".
(2) In section 93(1) of the Coroners Act 2008, for
"an acting magistrate under section 9 of that Act"
substitute "a reserve magistrate".
"acting magistrate" (where twice occurring)
"acting" substitute "reserve".
"acting magistrate" (wherever occurring)
(6) After section 93(4) of the Coroners Act 2008

insert
"(5) A reserve magistrate assigned under this
section to be a coroner may only exercise
powers of a coroner when the reserve
magistrate is engaged under section 9C of
the Magistrates' Court Act 1989 to
undertake the duties of a magistrate.".
61 Rules of the Coroners Court
s. 61
See:
Act
No.
841
See:
4.
Act
Rep
No.
rint
66/2
No.
011
8 as
and
at
ame
7
ndin
Mar
g
ch
Act
200
Nos
8
66/2
and
011,
ame
70/2
ndin
011,
g
13/2
Act
012,
Nos
28/2
65/2
012
007,
and
34/2
52/2
008,
012.
27/2
Law
009,
Tod
69/2
ay:
009,
ww
29/2
w.
011,
legi
66/2
slati
011,
on.
70/2
vic.
011,
gov.
72/2
au
011,
6/20
12,
43/2
012
and
52/2
012.
Law
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ay:
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gov.
au
After section 105(3) of the Coroners Act 2008

insert
'(4)
62
In this section, "coroner" does not include

a reserve magistrate.'.
DefinitionsIndependent Broad-based Anticorruption Commission Act 2011

In section 3(1) of the Independent Broad-based
Anti-corruption Commission Act 2011, in the
definition of judicial officer
(a)
after paragraph (a) insert

"(ab)
(b)
after paragraph (d) insert

"(da)
(c)
63
a reserve judge of the County

Court;";
after paragraph (f) insert

"(fa)
s. 63
a reserve Judge of the Supreme

Court;";
a reserve magistrate;".
DefinitionsOmbudsman Act 1973

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

in the definition of acting coroner, in
paragraph (a) for "an acting" substitute "a

reserve".
(2) In clause 7 of Schedule 2 to the Ombudsman Act
1973
(a) for paragraph (c) substitute
"(c) a reserve Judge within the meaning of
the Constitution Act 1975;";
(b) in paragraph (d) for "an acting Judge"
substitute "a reserve Judge";
(c) for paragraph (g) substitute
"(g) a reserve judge within the meaning of
the County Court Act 1958;";
(d) in paragraph (h) for "an acting judge"
substitute "a reserve judge";
(e) for paragraph (j) substitute
"(j) a reserve magistrate within the meaning
of the Magistrates' Court Act 1989;";
(f) in paragraph (k) for "an acting magistrate"
64 DefinitionsProtected Disclosure Act 2012
(1) In section 3 of the Protected Disclosure Act
2012, in the definition of acting coroner, in
paragraph (a) for "an acting" substitute
"a reserve".
(2) In section 3 of the Protected Disclosure Act
2012, in the definition of judicial officer
(a) for paragraph (c) substitute
"(c) a reserve Judge within the meaning of
the Constitution Act 1975;";
(b) in paragraph (d) for "an acting Judge"
substitute "a reserve Judge";
(c) for paragraph (g) substitute
"(g) a reserve judge within the meaning of

the County Court Act 1958;";
(d) in paragraph (h) for "an acting judge"
substitute "a reserve judge";
(e) for paragraph (j) substitute
"(j) a reserve magistrate within the meaning
of the Magistrates' Court Act 1989;";
(f) in paragraph (k) for "an acting magistrate"
See: 65
Act
s. 65
No.
108/
200
4.
Rep
rint
No.
3
as
at
26
July
201
2
and
ame See:
ndinAct 66
g No.
Act 81/1
Nos 996.
6/20 Rep
12 rint
and No.
20/2 5
012. as
Law at
Tod 16
ay: Jun
ww e
w. 201
legi 1.
slati Law
on. Tod
vic. ay:
gov. ww
au w.
legi 67
slati
s. 67
on.
vic.
gov.
au
Public Administration Act 2004Schedule 1A

In Schedule 1A to the Public Administration Act
2004
(a)
in clause 2(a) for "acting" substitute

"reserve";
(b)
in clause 2(b) for "acting" substitute

"reserve".
DefinitionsVictims of Crime Assistance Act

1996
In section 3 of the Victims of Crime Assistance
Act 1996 in the definition of member for "acting
magistrate" substitute "reserve magistrate
engaged under section 9C of the Magistrates'
Court Act 1989".
Establishment
In section 19(2) of the Victims of Crime
Assistance Act 1996 for "acting magistrate under
section 9" substitute "reserve magistrate engaged

under section 9C".
68 Validity of proceedings
In section 22 of the Victims of Crime Assistance
Act 1996 for "acting magistrate" substitute
"reserve magistrate engaged under section 9C of
the Magistrates' Court Act 1989".
See: 69
Act
No.
53/1
998.
Rep
rint
No.
7
as
at
1
Jan
uary
201
1
and
ame
ndin
g
Act
Nos
11/2
010,
16/2
010,
74/2
010,
6/20
12, 70
20/2
012,
21/2
012,
22/2
012,
27/2
012
and
63/2
012.
Law
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w.
s. 71
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DefinitionsVictorian Civil and Administrative

Tribunal Act 1998
In section 3 of the Victorian Civil and
Administrative Tribunal Act 1998
(a)
the definition of acting judge is repealed;
(b)
for the definition of reserve judge

substitute
"reserve judge means
(a)
in relation to the Supreme

Court, a reserve Judge within
the meaning of the
Constitution Act 1975;
(b)
in relation to the County Court,

a reserve judge within the
meaning of the County Court
Act 1958;".
President
In section 10(1) of the Victorian Civil and
Administrative Tribunal Act 1998 after
"Supreme Court" insert "(other than a reserve
Judge of the Supreme Court)".
Vice Presidents
Administrative Tribunal Act 1998 after "County
Court" insert "(other than a reserve judge of the

County Court)".
72 Short-term Vice Presidents
(1) In section 11A of the Victorian Civil and
Administrative Tribunal Act 1998
(a) in subsection (1) omit "of the County Court
or acting judges of the Supreme Court or
County Court";
(b) in subsection (2) omit "or an acting judge";
(c) in subsections (2A) and (3) (wherever
occurring) omit "or an acting judge";
(d) in subsection (4)
(i) omit "or an acting judge" (wherever
occurring); and
(ii) omit "salary,";
(e) in subsection (5) omit "or acting".
(2) For section 11A(6) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute
"(6) A reserve judge appointed under this section
may only exercise powers of a Vice
President when the reserve judge is engaged
under section 81B of the Constitution Act
1975, or section 12B of the County Court
Act 1958, to undertake the duties of a judge
of the applicable court.".
73 Vacation of office
Administrative Tribunal Act 1998 omit
"or acting judge".
74 Acting President
s. 74
(1)

Administrative Tribunal Act 1998 after "Court"
insert "(other than a reserve judge)".
(2) After section 26(3) of the Victorian Civil and

Administrative Tribunal Act 1998 insert
"(3A) A Vice President appointed under
section 11A must not be appointed as acting
President.".
75 Acting Vice President
Administrative Tribunal Act 1998 after "Court"
insert "(other than a reserve judge)".
76 Additional acting judicial appointments
(1) In section 29(1) of the Victorian Civil and
Administrative Tribunal Act 1998 after
"Supreme Court" insert "(other than a reserve
Judge)".
(2) In section 29(2) of the Victorian Civil and
Administrative Tribunal Act 1998 after "County
Court" insert "(other than a reserve judge)".
77 Membership
In section 152(1)(b) of the Victorian Civil and
Administrative Tribunal Act 1998 after "Vice
President" insert "(other than a reserve judge)".
__________________
PART 6AMENDMENTS TO CHILDREN, YOUTH AND

FAMILIES ACT 2005YOUTH PAROLE BOARD AND
YOUTH RESIDENTIAL BOARD
78 Alternate membersYouth Residential Board

s. 78

"(1A) For the purposes of subsection (1)(a), a
reserve judge may be nominated and
appointed as an alternate member for the
chairperson of the Youth Residential Board.
(1B) For the purposes of section 14(3A)(a) and
(b) of the County Court Act 1958, the office
of alternate member under subsection (1)(a)
is not to be taken to be a judicial office or an
office or place of profit under the Crown.".
79 Alternate membersYouth Parole Board

"(1A) For the purposes of subsection (1)(a), a
reserve judge may be nominated and
appointed as an alternate member for the
chairperson of the Youth Parole Board.
(1B) For the purposes of section 14(3A)(a) and
(b) of the County Court Act 1958, the office
of alternate member under subsection (1)(a)
is not to be taken to be a judicial office or an
office or place of profit under the Crown.".
__________________
PART 7REPEAL OF AMENDING ACT
80 Repeal of amending Act

s. 80
This Act is repealed on the first anniversary of the

first day on which all of its provisions are in
operation.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
Courts Legislation Amendment (Reserve Judicial Officers) Act 2013

No. 5 of 2013
ENDNOTES
Endnotes
57
Minister's second reading speech
Legislative Assembly: 13 December 2012
Legislative Council: 7 February 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Constitution Act 1975, the Supreme
Court Act 1986 and the County Court Act 1958 to provide for the office of reserve judge, to amend the
Magistrates' Court Act 1989 to provide for the office of reserve magistrate, to repeal the offices of acting judge
and acting magistrate and to consequentially amend the Judicial Salaries Act 2004 and other Acts and for other
purposes."
Constitution Act 1975:
Absolute majorities:
Legislative Assembly: 7 February 2013
Legislative Council: 21 February 2013

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Courts Legislation Amendment (Reserve Judicial

Officers) Act 2013

PART 2AMENDMENTS RELATING TO THE

Chief Justice and Judges of Court of Appeal

Governor in Council may appoint Acting Chief Justice 4

Governor in Council may appoint acting President

Appointment of acting Judges

Transitional provisionreserve Judges

New sections 81 to 81I inserted

Appointment of reserve Judges

Attorney-General may engage reserve Judge to undertake duties of Judge of the

Powers, jurisdiction, immunities and protection of reserve Judge

Pension rights and service not affected by being a reserve Judge

Engaging in legal practice or other paid employment

Remuneration and entitlements of reserve Judge 7

Appropriation of certain amounts in relation to

Construction of referencesCourts Legislation Amendment (Reserve Judicial

Regulations dealing with transitional matters

As to pensions of Judges of the Supreme Court and their

Judges not to hold any other place of profit

Division 2Amendments to the Supreme Court Act 1986 13

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

Power to make Rules

Manner of making Rules

Professional development and training

New section 151 inserted

Regulations dealing with transitional matters

PART 3AMENDMENTS RELATING TO THE COUNTY COURT

Appointment and qualification of judges

New sections 12 to 12G inserted

Appointment of reserve judges

Attorney-General may engage reserve judge to

Powers, jurisdiction, immunities and protection of reserve judge

Pension rights and service not affected by being a reserve judge

Engaging in legal practice or other paid employment

Remuneration and entitlements of reserve judge 19

Appropriation of certain amounts in relation to

Provision for pensions to County Court judges and their

Professional development and training

Power to make rules of practice

New sections 96 and 97 inserted

Transitional provisionsCourts Legislation

Regulations dealing with transitional matters

PART 4AMENDMENTS RELATING TO THE

Appointment of Acting Chief Magistrate

New sections 9A to 9F inserted

Appointment of reserve magistrates

Attorney-General may engage reserve magistrate to undertake duties of a

Powers, jurisdiction, immunities and protection of reserve magistrate

Engaging in legal practice or other paid employment

Salaries and allowances of magistrates

PART 2RESERVE MAGISTRATES

Remuneration and entitlements of reserve magistrate

Appropriation of certain amounts in relation to

Savings and transitional provisions

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 33

Regulations dealing with transitional matters

PART 5CONSEQUENTIAL AMENDMENTS TO OTHER

DefinitionsJudicial Remuneration Tribunal Act 1995 37

Functions of the Tribunal

DefinitionsJudicial Salaries Act 2004

Allowances of judicial officers

Division 2Amendments to other Acts