S. 3(1) def. of Australian lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 25.1). Australian lawyer has the same meaning as in the Legal Profession Act 2004; S. 3(1) def. of Chief Judge inserted by No. 8625 s. 2(b), amended by No. 16/1986 s. 11(1)(b). Chief Judge means Chief Judge of the County Court and includes an Acting Chief Judge; S. 3(1) def. of Chairman repealed by No. 8625 s. 2(a). * * * * * S. 3(1) def. of counsel repealed by No. 35/1996 s. 453(Sch. 1 item 15.1). * * * * * s. 3 court means the County Court; S. 3(1) def. of excluded judicial officer inserted by No. 63/2013 s. 65. excluded judicial officer means— (a) the Chief Judge; (b) the State Coroner; (c) the President of the Children's Court; S. 3(1) def. of family member inserted by No. 51/2008 s. 4. family member has the meaning given by section 3AAB;
S. 3(1) def. of pleading inserted by No. 10117 s. 5(a), repealed by No. 19/1989 s. 5(e). * * * * * S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 34.1). police officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of practitioner repealed by No. 35/1996 s. 453(Sch. 1 item 15.1). s. 3 * * * * * S. 3(1) def. of proceeding inserted by No. 19/1989 s. 5(f). proceeding means any matter in the court; S. 3(1) def. of registrar amended by No. 19/1989 s. 5(g). registrar means the registrar or a deputy registrar of the County Court; S. 3(1) def. of reserve associate judge inserted by No. 63/2013 s. 26(c). reserve associate judge means a person appointed under section 17KA; S. 3(1) def. of reserve judge inserted by No. 5/2013 s. 22(2). reserve judge means a person appointed under section 12; S. 3(1) def. of Rules substituted by No. 19/1989 s. 5(h). Rules means the Rules of Court made by the judges of the court whether under the powers conferred by this Act or otherwise;
S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 54(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; S. 3(1) def. of subordinate instrument inserted by No. 19/1989 s. 5(i). subordinate instrument has the same meaning as in section 3 of the Interpretation of Legislation Act 1984. S. 3(1) def. of contributions surcharge inserted by No. 19/2001 s. 11. superannuation contributions surcharge means the superannuation contributions surcharge imposed by the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997 of the Commonwealth; S. 3(1) def. of contributions surcharge notice inserted by No. 19/2001 s. 11. superannuation contributions surcharge notice means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth; S. 3(1) def. of total pension entitlement inserted by No. 19/2001 s. 11. total pension entitlement means, on a particular day, the current value of all future pension payments on that day. s. 3 S. 3(2) inserted by No. 19/1989 s. 5(j). (2) In this or any other Act or enactment or in any subordinate instrument or other instrument a reference to a rule or decree of the Court is to be taken as a reference to an order of the court.
S. 4E(b)(ii) substituted by No. 51/2008 s. 10(4). (ii) a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; and S. 4E(c) amended by No. 68/2009 s. 97(Sch. item 35.7). (c) the accused pleads guilty to the offence; and s. 4E S. 4E(d) amended by No. 68/2009 s. 97(Sch. item 35.7). (d) the accused consents to the proceeding being dealt with by the Koori Court Division; and (e) the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it. S. 4F inserted by No. 51/2008 s. 6. 4F Proceedings may be transferred to and from the Division Subject to, and in accordance with the rules— (a) a proceeding may be transferred to the Koori Court Division, whether sitting at the same or a different venue; and (b) the Koori Court Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the court, sitting other than as the Koori Court Division, at the same or a different venue. S. 4G inserted by No. 51/2008 s. 6. 4G Sentencing procedure in Division
(b) next 7 years as a judge is full-time service. At the time of Judge A's retirement, the period that Judge A served in the office of judge under subsection (2)(a) was 15 years and the proportion of service during that period was 13∙4 years (i.e. 8 × 0∙8 + 7). In the 10 year period immediately before Judge A's retirement, the proportion of service was 9∙4 years (i.e. 3 × 0∙8 + 7). The proportion of service under subsection (2)(a) is 0∙893 (i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94 (i.e. 9∙4 ÷ 10) and these are the relevant factors. Subsection (3) does not alter the relevant factor in this case. The highest proportion of service is 0∙94, which is the relevant factor. Judge A will therefore receive 94∙0% of a full judicial pension. S. 14AA inserted by No. 19/2001 s. 13. 14AA Election of County Court judges to commute future pensions for payment of superannuation contributions surcharge s. 14AA S. 14AA(1) amended by No. 23/2008 s. 10(3). (1) A judge may elect in writing to the Minister to have part of his or her future pension entitlement and that of his or her partner or eligible child, if any, under this Act commuted to provide a lump sum for the purposes of payment of the whole of the liability for the superannuation contributions surcharge arising because of the entitlement of the judge or his or her partner or eligible child to receive a pension under this Act. (2) A judge may by notice in writing to the Minister revoke his or her election under subsection (1). S. 14AB inserted by No. 19/2001 s. 13. 14AB Actuary's first calculation after election of judges to commute pensions (1) If an election under section 14AA is in operation, within 10 days after the day on which a judge resigns, retires or dies while in office, the Minister must—
(b) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pension; and S. 14AG(2)(c) amended by No. 23/2008 s. 10(3). (c) authorise the Minister to pay the lump sum on behalf of the person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and (d) be accompanied by a copy of the superannuation contributions surcharge notice. S. 14AH (Heading) amended by No. 23/2008 s. 10(5). S. 14AH inserted by No. 19/2001 s. 13. 14AH Actuary's calculation of reduction of pensions of judges' partners and eligible children s. 14AH (1) If an election is made under section 14AG, the Minister must within 10 days after the day on which the Minister received the election— S. 14AH(1)(a) amended by No. 23/2008 s. 10(3). (a) cause an actuary to determine the extent to which the pension of a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge otherwise payable under this Act will be reduced subject to section 14AI(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pension; and (b) notify the person of the actuary's determination under subsection (1)(a). S. 14AH(2) amended by No. 23/2008 s. 10(3). (2) A person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge may revoke his or her election under section 14AG within 10 days
S. 17AA(2C) inserted by No. 83/2008 s. 9(1), amended by No. 83/2008 s. 10(a). (2C) An associate judge may vary or revoke a notice he or she has given under subsection (2A) by notice in writing to the Attorney-General. S. 17AA(2D) inserted by No. 83/2008 s. 9(1). (2D) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date. S. 17AA(3) amended by No. 24/2008 s. 55(2)(b). (3) Nothing in this section authorises the salaries or the aggregate value of the allowances payable to the associate judges to be reduced. S. 17AA(3A) inserted by No. 83/2008 s. 9(2), amended by No. 83/2008 s. 10(c). (3A) An arrangement referred to in subsection (2A) or (5) does not constitute and is deemed never to have constituted a reduction in the salary of the associate judge who enters or entered into the arrangement. S. 17AA(4) substituted by No. 1/2000 s. 4(3). (4) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— s. 17AA S. 17AA(4)(a) amended by No. 83/2008 s. 9(3). (a) the salaries (including the amount of any non-salary benefits) and allowances payable under this section; and S. 17AA(4)(b) amended by Nos 24/2008 s. 55(2)(b), 67/2013 s. 649(Sch. 9 item 8(3)). (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of the associate judges; and S. 17AA(4)(c) amended by Nos 26/2007 s. 109, 24/2008 s. 55(2)(b). (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to the associate judges; and
S. 17B(4) amended by No. 24/2008 s. 56(2)(f). (4) On the death of an associate judge, a former associate judge or a former master in respect of whom no pension is payable under subsection (2) any eligible child of the associate judge, former associate judge or former master is entitled to a pension payable fortnightly at the annual rate set out in subsection (2) divided by 4 or the number of eligible children, whichever is the greater. S. 17B(5) amended by Nos 23/2008 s. 14, 24/2008 s. 56(2)(g). (5) An eligible child of an associate judge, a former associate judge or former master is a child, adopted child or stepchild of the associate judge, former associate judge or former master or his or her partner— (a) who is under the age of 16; or (b) who is over the age of 16 but under the age of 25 and receiving full-time education at a school, college or university. (6) A pension payable under subsection (4) shall be paid to such person or persons as the directs. S. 17B(7) amended by No. 24/2008 s. 56(2)(h). s. 17B (7) The right of a former master or former associate judge to a pension under this section— (a) ceases if he or she accepts appointment to a judicial office in or outside ; (b) is suspended while— (i) he or she holds an office or place of profit under the Crown in right of the Commonwealth or of a State; or S. 17B(7)(b)(ii) amended by No. 35/1996 s. 453(Sch. 1 item 15.6 (a)–(c)). (ii) he or she is engaged in legal practice in any State or Territory of the Commonwealth or is employed by a legal practitioner in connection with the practitioner's legal practice in any such State or Territory.
S. 17C (Heading) amended by No. 24/2008 s. 57(1). S. 17C inserted by No. 19/2001 s. 15. 17C Election of associate judges to commute future pensions for payment of superannuation contributions surcharge s. 17C S. 17C(1) amended by Nos 23/2008 s. 13(3), 24/2008 s. 57(2)(a). (1) An associate judge may elect in writing to the Minister to have part of his or her future pension entitlement and that of his or her partner or eligible child, if any, under this Act commuted to provide a lump sum for the purposes of payment of the whole of the liability for the superannuation contributions surcharge arising because of the entitlement of the associate judge or his or her partner or eligible child to receive a pension under this Act. S. 17C(2) amended by No. 24/2008 s. 57(2)(b). (2) An associate judge may by notice in writing to the Minister revoke his or her election under subsection (1). S. 17D (Heading) amended by No. 24/2008 s. 58(1). S. 17D inserted by No. 19/2001 s. 15. 17D Actuary's first calculation after election of associate judges to commute pensions S. 17D(1) amended by No. 24/2008 s. 58(2)(a)(i). (1) If an election under section 17C is in operation, within 10 days after the day on which an associate judge resigns, retires or dies while in office, the Minister must— S. 17D(1)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. (a) cause an actuary to determine the extent to which the former associate judge's pension and any future entitlement of the associate judge's partner or eligible child to a pension upon the associate judge's death otherwise payable under this Act will be reduced
S. 17G(1)(a) amended by Nos 23/2008 s. 13(3), 24/2008 s. 60(2). (a) cause an actuary to determine the extent to which a former associate judge's pension and any future entitlement of the partner or eligible child of the former associate judge to a pension upon the associate judge's death otherwise payable under this Act will be reduced subject to section 17H(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pensions; and S. 17G(1)(b) amended by Nos 23/2008 s. 13(3), 24/2008 s. 60(2). (b) notify the former associate judge or, if he or she has died, the former associate judge's partner or eligible child of the actuary's determination under subsection (1)(a). S. 17G(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 60(2). (2) A former associate judge or, if he or she has died, the former associate judge's partner or eligible child may revoke the election under section 17F within 10 days after the Minister's notification under subsection (1)(b). S. 17H (Heading) amended by No. 24/2008 s. 61(1). S. 17H inserted by No. 19/2001 s. 15. 17H Payment and commutation of pensions of former associate judges s. 17H (1) If an election under section 17F is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge. S. 17H(2) amended by Nos 23/2008 s. 13(3), 24/2008 s. 61(2)(a). (2) The former associate judge's pension and any future entitlement of the associate judge's partner or eligible child to a pension upon the associate judge's death otherwise payable from time to time under this Act must be reduced to the extent determined under section 17G in consequence of the payment of the lump sum.
S. 21A(1)(f) repealed by No. 18/1994 s. 66(Sch. 2 item 4). * * * * * (g) In any manner in which trust funds may be invested by a trustee under the Trustee Act 1958; or (h) On deposit in a fund prescribed by regulations made under this Act. (2) Notwithstanding anything to the contrary in any other Act or rule of law, all income derived from the investment of moneys pursuant to subsection (1) shall be paid into the Consolidated Fund. S. 6117 s. 22. 22 Power to registrar to administer oaths s. 22 S. 22(1) amended by Nos 7705 s. 9(e), 19/1989 s. 7(p)(i)–(iii). (1) The registrar and every deputy registrar may take and administer affidavits depositions declarations oaths and affirmations in relation to any proceeding. S. 22(2) amended by Nos 19/1989 s. 7(q)(i)–(iv), 57/1989 s. 3(Sch. item 37.2), 24/2008 s. 65, 69/2009 s. 54(Sch. Pt 2 item 16). (2) Any affidavit to be used in the court shall and may be sworn before the registrar or a deputy registrar, or before any judge of the Supreme Court or any Associate Judge of the Supreme Court, or before any judge or associate judge of the court or before any person authorised under the Evidence (Miscellaneous Provisions) Act 1958. Pt 1 Div. 4A (Heading and s. 22A) inserted by No. 51/2008 s. 7. Division 4A—Aboriginal elders and respected persons S. 22A inserted by No. 51/2008 s. 7. 22A Appointment of Aboriginal elders or respected persons (1) The Secretary, by instrument, may appoint a person who is a member of the Aboriginal community as an Aboriginal elder or respected
person for the purpose of performing functions in relation to the Koori Court Division as set out in this Act. (2) An Aboriginal elder or respected person holds office for the period, and on the terms and conditions, determined by the Secretary and specified in the instrument of appointment. (3) An Aboriginal elder or respected person may resign from office by writing signed by him or her and delivered to the Secretary. Division 5—Bailiffs No. 6117 s. 23. 23 Appointment of bailiffs and assistant bailiffs of County Court s. 22A S. 23(1) amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 9/2009 s. 72(1). (1) The Governor in Council may appoint a person other than a sheriff's officer to be a bailiff of the County Court at any place. Note In relation to sheriff's officers as bailiffs, see section 12 of the Sheriff Act 2009. S. 23(1A) inserted by No. 9/2009 s. 72(1). (1A) A person appointed under subsection (1) need not be an employee in the public service. S. 23(2) amended by No. 37/2014 s. 10(Sch. item 34.2). (2) Without affecting the operation of subsection (1) of this section the police officer who is for the time being in charge of any police station specified for the time being for the purposes of this section by Order of the Governor in Council published in the Government Gazette shall be a bailiff of the County Court at the place or places so specified for the purposes of this section.
S. 32(2) amended by Nos 9554 s. 2(2)(Sch. 2 item 48), 19/1989 s. 7(zd), 57/1989 s. 3(Sch. item 37.3), 37/2014 s. 10(Sch. item 34.3(b)). (2) If any officer of the court or bailiff is assaulted while in the execution of his duty, or if any rescue is made or attempted to be made of any goods seized under process of the court, every person so offending shall be liable to a penalty of not more than 5 penalty units to be recovered upon proof of such offence by order of the Magistrates' Court. S. 32(3) amended by No. 68/2009 s. 97(Sch. item 35.11). (3) Such fine shall be directed to be paid either forthwith or within a certain time to be specified in such order, and if the same is not paid in the time specified therein the offender shall be imprisoned for a term of not more than three calendar months unless such fine is sooner paid. Pt 1 Div. 9 (Heading) amended by No. 35/1996 s. 453(Sch. 1 item 15.7). Division 9—Legal practitioners—costs No. 6117 s. 33. S. 33 amended by Nos 7705 s. 9(h), 19/1989 s. 7(ze), 35/1996 s. 453(Sch. 1 item 15.8 (a)(b)). 33 Fees to legal practitioners to be fixed by the judges The fees to be allowed to legal practitioners practising in the court and the expenses to be paid to witnesses shall be those fixed by the scale in the rules under this Act but the costs of employing practitioners either by the plaintiff or defendant shall not be allowed as costs in the cause in any
Assent Date: 20.5.69 Commencement Date: 20.5.69 : All of Act in operation Judges' Salaries and Allowances Act 1970, No. 7940/1970 Assent Date: 24.3.70 Commencement Date: 1.1.70: s. 1(2) : All of Act in operation Judges Pensions Act 1970, No. 7973/1970 Assent Date: 13.4.70 Commencement Date: 5.6.70: Government Gazette 27.5.70 p. 1466 : All of Act in operation Judges' Pensions (Amendment) Act 1970, No. 7985/1970 Assent Date: 20.10.70 Commencement Date: 5.6.70: s. 1(2) : All of Act in operation County Court (Jurisdiction) Act 1971, No. 8132/1971 Assent Date: 4.5.71 Commencement Date: 4.5.71 : All of Act in operation Judges Salaries and Allowances Act 1971, No. 8183/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71 : All of Act in operation County Court (Jurisdiction) Act 1972, No. 8263/1972 Assent Date: 9.5.72 Commencement Date: 9.5.72 : All of Act in operation Endnotes Local Government Act 1972, No. 8291/1972 Assent Date: 13.5.72 Commencement Date: Ss 1–10, 12–28, 30–34 on 1.7.72; s. 11 on 1.10.72; s. 29 on 1.12.72: Government Gazette 31.5.72 p. 1922 : All of Act in operation Judges Salaries and Allowances Act 1973, No. 8481/1973 Assent Date: 27.11.73 Commencement Date: 27.11.73: s. 2(1) : All of Act in operation County Court (Chief Judge) Act 1974, No. 8625/1974 Assent Date: 10.12.74 Commencement Date: 18.3.75: Government Gazette 13.3.75 p. 577 : All of Act in operation Judges Salaries and Allowances Act 1975, No. 8680/1975