S. 3(1) def. of Assessment and Referral Court List inserted by No. 12/2010 s. 4(1). Assessment and Referral Court List means the list established by section 4S; S. 3(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 44.1(a)). authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth; S. 3(1) def. of bank repealed by No. 11/2001 s. 3(Sch. item 44.1(b)). * * * * * S. 3(1) def. of chief administrator repealed by No. 46/1998 s. 7(Sch. 1). * * * * * civil registry court means a venue of the Court that is prescribed by the Rules to be a civil registry court; S. 3(1) def. of committal mention date inserted by No. 34/1990 s. 4(Sch. 3 item 1), substituted by No. 10/1999 s. 8(1), repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)). * * * * *
S. 3(1) def. of Koori Court officer inserted by No. 27/2002 s. 4, amended by No. 108/2004 s. 117(1) (Sch. 3 item 118.1). officer means a person who— (a) is employed under Part 3 of the Public Administration Act 2004; and (b) exercises powers or performs functions in relation to the Koori Court Division of the Court; S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 63.1), amended by No. 17/2014 s. 160(Sch. 2 item 59.1). legal practitioner means an Australian legal practitioner; S. 3(1) def. of magistrate inserted by No. 36/2007 s. 3(1), amended by Nos 5/2013 s. 31(1), 63/2013 s. 40. magistrate includes a reserve magistrate engaged under section 9C to undertake the duties of a magistrate during any period of engagement or acting under section 9EA; Magistrates' Court means the Magistrates' Court of Victoria; S. 3(1) def. of mental illness inserted by No. 12/2010 s. 4(1), amended by No. 26/2014 s. 455(Sch. item 20.1). mental illness has the same meaning as it has in the Mental Health Act 2014; S. 3(1) def. of mention court amended by No. 64/1996 s. 24(c). mention court means a venue of the Court that is nominated by the Chief Magistrate under section 5A as a mention court;
S. 7(9) inserted by No. 31/2004 s. 4(3), substituted by No. 63/2013 s. 75(3). (9) A magistrate serving under a part-time service arrangement must not engage in legal practice. S. 7(9A) inserted by No. 63/2013 s. 75(3). (9A) Except with the approval of the Chief Magistrate, a magistrate serving under a part-time service arrangement must not undertake paid employment or conduct a business, trade or profession of any kind. S. 7(9B) inserted by No. 63/2013 s. 75(3). (9B) Except with the approval of the Chief Magistrate, a magistrate serving under a part-time service arrangement must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the magistrate receives remuneration. S. 7(10) inserted by No. 3/2005 s. 10(2), amended by No. 5/2013 s. 32(2). (10) Subject to subsection (7A), this section does not apply to a reserve magistrate. S. 7A inserted by No. 63/2013 s. 76. 7A Entry into part-time service arrangement (1) A magistrate other than an excluded judicial officer may enter into an arrangement with the Chief Magistrate to carry out the duties of magistrate on a part-time basis. (2) A part-time service arrangement— (a) must be in writing;
(6) Nothing in this section prevents a person being appointed as a reserve magistrate under section 9A at any time, if he or she is eligible to be so appointed. (7) Nothing in this section affects the operation of section 16AB. S. 9EA(8) inserted by No. 29/2015 s. 68. (8) In this section a reference to "proceeding" includes— (a) any proceeding or other matter in the Children's Court under the Children, Youth and Families Act 2005; and (b) any investigation or inquiry under the Coroners Act 2008. S. 9F inserted by No. 5/2013 s. 35, amended by No. 63/2013 s. 45 (ILA s. 39B(1)). 9F Engaging in legal practice or other paid employment (1) Except with the approval of the Chief Magistrate, 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 or acting under section 9EA. S. 9F(2) inserted by No. 63/2013 s. 45(2). (2) Except with the approval of the Chief Magistrate, a reserve magistrate must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve magistrate receives remuneration while engaged to undertake the duties of a magistrate under section 9C or acting under section 9EA. S. 10 (Heading) inserted by No. 29/2015 s. 84(1). 10 Salaries, allowances and other conditions of service
(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. S. 10A(7) inserted by No. 40/2010 s. 109(2). (7) For the purposes of subsection (1), the definition of partner as substituted by section 109(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement to a pension of a partner of a Chief Magistrate or former Chief Magistrate only if the death of the Chief Magistrate or former Chief Magistrate occurs on or after the commencement of the substituting section. S. 11 repealed by No. 16/2005 s. 8(2). * * * * * S. ended by No. 16/2005 s. 8(3)(a). 12 Vacation of office A person ceases to hold office as a magistrate if— S. 12(a) amended by Nos 9/1995 s. 10(1)(d), 16/2005 s. 8(3)(b). (a) he or she attains the age of 70 years; or S. 12(b) substituted by No. 16/2005 s. 8(3)(c). (b) he or she is removed from office by the Governor in Council in accordance with Part IIIAA of the Constitution Act 1975; or
S. 16B inserted by No. 19/2005 s. 5. 16B Guidelines relating to the appointment of judicial registrars (1) The Chief Magistrate may, in consultation with the Attorney-General— S. 16B(1)(a) amended by No. 62/2014 s. 90. (a) prepare guidelines relating to the appointment (including re-appointment) of judicial registrars of the Court; and (b) from time to time amend or revoke any guidelines prepared under paragraph (a). (2) The Chief Magistrate must, as soon as practicable after preparing, amending or revoking any guidelines under subsection (1), cause a copy of the guidelines or the amendment or notice of the revocation (as the case requires) to be given to the Attorney-General. S. 16C inserted by No. 19/2005 s. 5. 16C Appointment of judicial registrars (1) The Chief Magistrate may, at any time, having regard to any guidelines in force under section 16B(1), recommend to the that a judicial registrar, or more than one judicial registrar, of the Court be appointed by the Governor in Council. S. 16C(2) amended by No. 34/2010 s. 50. (2) The Attorney-General, on receiving a recommendation under subsection (1), may recommend to the Governor in Council that a judicial registrar, or more than one judicial registrar, of the Court be appointed under subsection (3). (3) The Governor in Council, on the recommendation of the Attorney-General, may appoint a person as a judicial registrar of the Court for the period, not exceeding 5 years, specified in his or her instrument of appointment.
(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any judicial registrar; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any judicial registrar; and (e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any judicial registrar. S. 16D(6) inserted by No. 29/2015 s. 70(2). (6) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004. S. 16D(7) inserted by No. 62/2014 s. 92. (7) Nothing in this section authorises the salary or the aggregate value of the allowances payable to a judicial registrar to be reduced. S. 16DB inserted by No. 62/2014 s. 93. 16DB Oath 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 93 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. S. 16E inserted by No. 19/2005 s. 5. 16E Resignation from office A judicial registrar may resign from office by delivering to the Governor a signed letter of resignation.
S. 28 amended by Nos 33/1994 s. 6(3), 50/2006 s. 15(4), repealed by No. 7/2009 s. 427(1)(c) (as amended by No. 68/2009 s. 54(m)). * * * * * Pt 4 Div. 2 (Heading) inserted by No. 68/2009 s. 97(Sch. item 82.26). Division 2—Procedure 29 Magistrate may exercise registrar's powers A magistrate may exercise any of the powers of a registrar for the purpose of issuing criminal process. S. 30 amended by Nos 33/1994 s. 7, 64/1996 s. 33, 35/2002 s. 13, 50/2006 s. 16, 8/2008, s. 14, repealed by No. 7/2009 s. 427(1)(c) (as amended by No. 68/2009 s. 54(m)). * * * * *
81 Directions in, and authority of, remand warrant A remand warrant— S. 81(a) amended by Nos 33/1994 s. 10(1)(a)(ii), 46/1998 s. 7(Sch. 1). (a) directs and authorises the person to whom it is directed to take and safely convey the person named in the warrant— (i) to a prison; or S. 81(a)(ii) amended by No. 33/1994 s. 10(1)(a)(i). (ii) to a police gaol; or S. 81(a)(iii) inserted by No. 33/1994 s. 10(1)(a)(i), amended by Nos 48/2006 s. 42(Sch. item 22.7), 68/2009 s. 97(Sch. item 82.38). (iii) if the Court has given a direction under section 333(1)(c) of the Criminal Procedure Act 2009, to a youth justice centre— and there to deliver the person to the officer in charge of the prison or police gaol or into the custody of the Secretary to the Department of Human Services (as the case requires); and S. 81(b) amended by Nos 33/1994 s. 10(1)(b), 45/1996 s. 18(Sch. 2 item 9.2), 46/1998 s. 7(Sch. 1). (b) directs and authorises the Secretary to the Department of Justice or the Chief Commissioner of Police or the Secretary to the Department of Human Services (as the case requires) or any other person into whose custody the person named in the warrant is transferred to receive that person into custody and safely keep that person— (i) for the period specified, or in the circumstances described, in the warrant; or
(b) is bound by the rules of natural justice; and (c) is not required to conduct any proceedings in a formal manner; and (d) may exercise any powers that the Court may exercise in hearing and determining a complaint. S. 103(2A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 34.9). (2A) Nothing in subsection (2)(a) prevents the application of Part 3.10 of the Evidence Act 2008 to the conduct of an arbitration. (3) Evidence in an arbitration— (a) may be given orally or in writing; and (b) if the Court so requires, must be given on oath or by affidavit. (4) The Court must determine according to law any question that arises for determination in an arbitration. (5) If the Court is satisfied that a party to an arbitration does not have a knowledge of the English language that is sufficient to enable the party to understand, or participate in, the arbitration, the Court may allow a competent interpreter to interpret the arbitration. 104 Award (1) An award of the Court in an arbitration under this Division must be in writing. (2) If the Court includes in an award a statement of the reasons for making the award, only the terms of the award and not the reasons must be in writing. (3) An award of the Court in an arbitration under this Division has effect as if it were an order made by
107 Pre-hearing conferences S. 107(1) substituted by No. 51/2000 s. 6(1). (1) A magistrate or a registrar may refer a civil proceeding or part of a civil proceeding for a prehearing conference in accordance with the Rules. (2) A magistrate or registrar must conduct the conference in accordance with the Rules and may— S. 107(2)(a) amended by No. 51/2000 s. 6(2)(a). (a) if the proceeding or any part of the proceeding is not settled between the parties, refer it back to the Court; or S. 107(2)(b) amended by No. 51/2000 s. 6(2)(b). (b) at the request of the parties, refer the proceeding or any part of the proceeding back to the Court for arbitration under Division 2; or S. 107(2)(c) amended by No. 51/2000 s. 6(2)(c). (c) if the proceeding or any part of the proceeding is settled between the parties, refer it back to the Court for the making of an order. S. 107A inserted by No. 47/2010 s. 91. 107A Interaction with Civil Procedure Act 2010 The powers of the Court under this Division are in addition to, and do not derogate from, the powers of a court under the Civil Procedure Act 2010. Pt 5 Div. 3A (Heading and ss 108, 108A) inserted by No. 64/1996 s. 35. Division 3A—Mediation New s. 108 inserted by No. 64/1996 s. 35. 108 Power to refer proceedings to mediation
S. 131(2C) inserted by No. 33/1994 s. 18(1), amended by No. 37/2014 s. 10(Sch. item 101.13). (2C) If the Court determines to award costs against an informant who is a police officer, the order must be made against the Chief Commissioner of Police. S. 131(3) amended by No. 68/2009 s. 97(Sch. item 82.51). (3) If— S. 131(3)(a) amended by No. 33/1994 s. 27(2). (a) a charge-sheet containing one or more charges is filed with a registrar; and (b) no filing fee is payable because of an exemption contained in the regulations; and S. 131(3)(c) amended by No. 68/2009 s. 97(Sch. item 82.51). (c) the accused is convicted of one or more of the alleged offences and is ordered to pay a fine— the Court must order the accused to pay by way of costs, in addition to the amount of the fine and any other costs, the amount of the filing fee that, but for the exemption, would have been payable. (4) This section and section 132 apply to a purported proceeding in the Court which is beyond the jurisdiction of the Court as if the purported proceeding were within jurisdiction. Note to s. 131 inserted by No. 78/2008 s. 16. Note See section 17D(1)(b) to (d) of the Supreme Court Act 1986. S. 131A inserted by No. 78/2008 s. 17. 131A Costs may be determined by Despite section 131(1), the Court may order that the costs of, and incidental to, a proceeding in the
of the fine within a specified time the person be imprisoned for a term of not more than 1 month. (4) Without limiting subsection (3)— S. 134(4)(a) amended by No. 68/2009 s. 97(Sch. item 82.52). (a) if a person commits a contempt referred to in subsection (1) at a committal proceeding, the Court may adjourn the proceeding for a period of not more than 8 clear days and section 331 of the Criminal Procedure Act 2009 applies as if the person were an accused in a criminal proceeding; and (b) if at the adjourned hearing the contempt is repeated, the Court may— (i) proceed under paragraph (a); or (ii) punish for the contempt in any manner provided in subsection (3). (5) A person is guilty of contempt of court if— (a) having been summoned in accordance with the Rules to attend at a sitting of the Court to be orally examined by the appropriate registrar concerning the failure to comply with an order for the payment of money and having been given or tendered any conduct money required to be given or tendered, the person refuses or neglects without sufficient cause to attend; or S. 134(5)(ab) inserted by No. 12/2006 s. 174. (ab) having been summoned under Part 9 of the Infringements Act 2006 to attend at the Court to be orally examined by an infringements registrar and having been given any conduct money required to be given or tendered, the person refuses or neglects without sufficient cause to attend; or
Sch. 1 Pt 1 cl. 10 amended by Nos 64/1990 s. 20(Sch. item 4.3(g)), 22/1995 s. 27(g), substituted by No. 1/2000 s. 5(1). 10. The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— Sch. 1 Pt 1 cl. 10(a) amended by Nos 83/2008 s. 11(3), 29/2015 s. 71. (a) the amounts (including the amount of any nonsalary benefits) payable to or for a magistrate; and Sch. 1 Pt 1 cl. 10(b) amended by No. 67/2013 s. 649(Sch. 9 item 24(2)(a)). (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of the magistrates; and Sch. 1 Pt 1 cl. 10(c) substituted by No. 26/2007 s. 114(1). (c) superannuation contributions (within the meaning of the Payroll Tax Act 2007) payable in respect of the magistrates; and Sch. 1 Pt 1 cl. 10(d) substituted by No. 26/2007 s. 114(1). (d) payroll tax payable under the Payroll Tax Act 2007 payable in respect of wages paid or payable to the magistrates; and (e) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the magistrates. Sch. 1 Pt 1 cl. 10A inserted by No. 83/2008 s. 11(4), repealed by No. 29/2015 s. 85(6). * * * * *
Sch. 1 Pt 1 cl. 10B inserted by No. 83/2008 s. 11(4), repealed by No. 29/2015 s. 85(6). * * * * * Sch. 1 Pt 1 cl. 10C inserted by Nos 83/2008 s. 11(4), 29/2015 s. 71(2), amended by No. 29/2015 s. 85(8). 10C. In clause 10, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004. Sch. 1 Pt 2 (Heading and cls 11, 12) amended by Nos 64/1990 s. 20(Sch. item 4.3(g)), 1/2000 ss 5(2), 6, 4/2002 s. 12(4)(c), 38/2004 s. 14(2), 3/2005 s. 12, 26/2007 s. 114(2), 83/2008 s. 12, substituted by No. 5/2013 s. 39. Part 2—Reserve magistrates Sch. 1 Pt 2 cl. 11 substituted by No. 5/2013 s. 39. Sch. 1 Pt 2 cl. 11 (Heading) amended by No. 29/2015 s. 86(1). 11 Salary, allowances and other conditions of service of reserve magistrate Sch. 1 Pt 2 cl. 11(1) substituted by No. 29/2015 s. 86(2). (1) Each reserve magistrate engaged to undertake the duties of a magistrate under section 9C is entitled to be paid a salary in accordance with the rate for
3 (1) Each person who holds office as a clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a registrar of the Court under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment. (2) Each person who holds office as a deputy clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a deputy registrar of the Court under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment. (3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a clerk of a Magistrates' Court is to be taken to refer to a registrar of the Court. (4) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a deputy clerk of a Magistrates' Court is to be taken to refer to a deputy registrar of the Court. Sch. 8 cl. 4 amended by No. 69/2009 s. 54(Sch. Pt 1 item 34.11). 4 Unless the context otherwise requires, any reference in any Act (other than this Act, the Evidence Act 2008 or the Evidence (Miscellaneous Provisions) Act 1958) or in any subordinate instrument to a justice of the peace is to be taken to refer to a magistrate. 5 If by any Act (other than this Act) or by any subordinate instrument a procedure is prescribed for or in relation to any proceeding in the Court or for or in relation to any step or process in such a proceeding and there is prescribed by this Act or the Rules a procedure that is applicable to such a proceeding or step or process, the procedure prescribed by this Act or the
Sch. 8 cl. 50 inserted by No. 5/2013 s. 40. 50 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 (1) On and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) 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 commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013. (2) On and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) 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 commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, that requirement continues until its expiry as if it were an engagement under section 9C.
Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000 Assent Date: 21.11.00 Commencement Date: S. 57 on 1.1.01: s. 2(4) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 75) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Magistrates' Court (Committal Proceedings) Act 2000, No. 92/2000 Assent Date: 5.12.00 Commencement Date: Ss 4–10 on 1.7.01: s. 2(2) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Information Privacy Act 2000, No. 98/2000 Assent Date: 12.12.00 Commencement Date: S. 75 on 1.9.01: s. 2(2) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Magistrates' Court (Infringements) Act 2000, No. 99/2000 (as amended by No. 12/2001) Assent Date: 12.12.00 Commencement Date: Ss 3–14 on 1.7.01: s. 2(3) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Health Records Act 2001, No. 2/2001 Assent Date: 10.4.01 Commencement Date: S. 110 on 1.7.02: s. 2(2) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001 Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 44) on 1.6.01: s. 2(2) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Constitution (Supreme Court) Act 2001, No. 12/2001 Assent Date: 22.5.01 Commencement Date: S. 7 on 23.5.01: s. 2(1) : This information relates only to the provision/s amending the Magistrates' Court Act 1989
Assent Date: 10.3.09 Commencement Date: Ss 426, 427, 435(1) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Sheriff Act 2009, No. 9/2009 Assent Date: 24.3.09 Commencement Date: Ss 73–76 on 1.10.09: Government Gazette 1.10.09 p. 2539 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Justice Legislation Amendment Act 2009, No. 25/2009 Assent Date: 17.6.09 Commencement Date: S. 18 on 3.9.09: Government Gazette 3.9.09 p. 2331 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Major Sporting Events Act 2009, No. 30/2009 Assent Date: 23.6.09 Commencement Date: Ss 196–198 on 24.6.09: s. 2 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts Legislation Amendment (Judicial Resolution Conference) Act 2009, No. 50/2009 Assent Date: 8.9.09 Commencement Date: Ss 12–15 on 16.9.09: Special Gazette (No. 319) 16.9.09 p. 1—see Interpretation of Legislation Act 1984 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 82) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 34), (Sch. Pt 2 item 32) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Magistrates' Court Act 1989