Version No. 211 Constitution Act 1975 No. 8750 of 1975 Version incorporating amendments as at 27 February 2015 table of provisions Section Page 1 Short title and commencement 2 1A Recognition of Aboriginal people 2 2 Existing laws 3 3 Laws of England to be applied in the administration of justice 4 4 Continuation of existing Houses 4 5 Definitions 5 5A Definitions relating to pensions 10 Part I—The Crown 15 6 The Governor, 15 6A Lieutenant-Governor and Administrator 15 6B Administration by Lieutenant-Governor or Administrator 17 6C Deputy for Governor during short illness or absence 19 6D Oath or Affirmation 20 6E Offices are not agencies under Freedom of Information Act 1982 20 7 Appropriation for staff and other expenses of the Governor 21 7A Governor's pension 22 7B Election of Governor to commute future pensions for payment of superannuation contributions surcharge 25 7C Actuary's first calculation after Governor's election to commute pensions 26 7D Actuary's second calculation after Governor's election to commute pensions and payment of lump sum 27 7E Election of former Governor to commute pensions for payment of superannuation contributions surcharge 28 7F Actuary's calculation after former Governor's election to commute pensions 29 7G Payment and commutation of the former Governor's pension 30 7H Election of Governor's partner to commute pension for payment of superannuation contributions surcharge 31
S. 5 def. of Judge of the Court inserted by No. 24/2008 s. 3(a), amended by Nos 5/2013 s. 3(2), 63/2013 s. 3(c). Judge of the Court means a Judge of the Court referred to in section 75(3) 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 or acting under section 81GA; S. 5 def. of Master substituted by No. 109/1994 s. 4(1)(b), repealed by No. 24/2008 s. 3(b). * * * * * Parliament means Parliament of Victoria; S. 5 def. of Parliamentary Committee inserted by No. 53/1999 s. 5. Parliamentary Committee, in Division 3 of Part V, has the same meaning as in the Audit Act 1994; S. 5 def. of Parliamentary Offices Committee repealed by No. 24/1996 s. 34(a). * * * * * S. 5 def. of part-time service arrangement inserted by No. 63/2013 s. 54. part-time service arrangement means— (a) in relation to a Judge of the Court, an arrangement entered under section 75C; (b) in relation to an Associate Judge, an arrangement entered under section 104JA of the Supreme Court Act 1986; S. 5 def. of periodical election repealed by No. 2/2003 s. 7(2)(b). * * * * *
S. 5 def. of contributions surcharge inserted by No. 19/2001 s. 4. 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. 5 def. of contributions surcharge notice inserted by No. 19/2001 s. 4. 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; Supreme Court means the Supreme Court of the State of . S. 5 def. of total pension entitlement inserted by No. 19/2001 s. 4. total pension entitlement means, on a particular day, the current value of all future pension payments on that day. S. 5A inserted by No. 23/2008 s. 3. 5A Definitions relating to pensions S. 5A(1) amended by No. 63/2013 s. 55. (1) For the purposes of section 83 and section 83AAA— approved deposit fund has the meaning given by section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; S. 5A(1) def. of domestic partner substituted by No. 23/2008 s. 22(1), amended by No. 4/2009 s. 37(Sch. 1 item 7.1). domestic partner of a person means— (a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or
S. 7(1) amended by Nos 9773 s. 2, 1/1986 s. 4, substituted by No. 5/1992 s. 4, amended by Nos 109/1994 s. 4(2) (as amended by No. 22/1995 s. 29(2)), 8/2002 s. 3(1). (1) The Governor is entitled to an annual salary equal to the annual salary payable to a judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) from time to time. S. 7(1A) inserted by No. 5/1992 s. 4. (1A) The expenses of the office of Governor shall be met from money appropriated by the Parliament for that purpose. S. 7(1AA) inserted by No. 38/2009 s. 18(1). (1AA) If the Governor enters into an arrangement under Schedule 1A to the Public Administration Act 2004, the Governor may receive the whole or part of his or her total amount of future remuneration as non-salary benefits of an equivalent value. S. 7(1B) inserted by No. 5/1992 s. 4. (1B) Despite any other provision made by, or under the authority of, this or any other Act, the right of the Governor to a pension payable by the State is suspended while he or she holds the office of Governor. S. 7(2) amended by No. 38/2009 s. 18(2). (2) The salary (including the amount of any benefits) of the Governor shall be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. S. 7(3) inserted by No. 8/2002 s. 3(2). (3) Despite the commencement of the amendment of subsection (1) made by section 3(1) of the Constitution (Governor's Salary) Act 2002, subsection (1) (as in force immediately before the commencement of that Act) continues to apply during the continuance in office after that commencement of the person who held office as Governor on 28 June 2001.
S. 7J (Heading) amended by No. 23/2008 s. 4(2). S. 7J inserted by No. 19/2001 s. 6. 7J Payment and commutation of pension of former Governor's partner (1) If an election under section 7H 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. 7J(2) amended by No. 23/2008 s. 4(2). (2) On payment of the lump sum, the pension of a person entitled to receive a pension as the partner of the deceased former Governor otherwise payable from time to time under this Act must be reduced to the extent determined under section 7I. (3) For the purposes of section 7I— S. 7J(3)(a) amended by No. 23/2008 s. 4(2). (a) the reduction of any future entitlement of the Governor's partner to a pension must not exceed 15% of— S. 7J(3)(a)(i) amended by No. 23/2008 s. 4(2). (i) an amount equal to the total pension entitlement of the Governor and his or her partner on the day on which the Governor resigned or retired; or S. 7J(3)(a)(ii) amended by No. 23/2008 s. 4(3). (ii) in the case of the Governor's death while in office, an amount equal to his or her partner's total pension entitlement on the day on which the Governor died; and (b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and (c) the reduction must be applied from the day of payment of the lump sum under subsection (1).
Subject to this Act the Parliament may make laws regulating the sale letting disposal and occupation of the waste lands of the Crown within Victoria and of all mines and minerals which are within the jurisdiction control or disposition of Her Majesty in and adjacent to Victoria. Constitution Act ss LX and LXI. 18 Power for Parliament to alter this Act S. 18(1) amended by No. 2/2003 s. 17(1). (1) Subject to this section, the Parliament may by any Act repeal alter or vary all or any of the provisions of this Act and substitute others in lieu thereof. S. 18(1A) inserted by No. 2/2003 s. 17(2). (1A) In this section— referendum means a referendum conducted in accordance with Part 9A of the Electoral Act 2002; special majority means 3/5ths of the whole number of the members of the Assembly and of the Council respectively. S. 18(1B) inserted by No. 2/2003 s. 17(2). (1B) It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which— (a) this subsection or subsection (1A), (1BA), (1C) or (3); or (b) Subdivision 1 of Division 5 of Part II; or (c) Subdivision 2 of Division 5 of Part II; or (d) Subdivision 1 of Division 6 of Part II; or (e) Subdivision 2 of Division 6 of Part II; or (f) Subdivision 3 of Division 6 of Part II; or (g) section 41; or (h) Division 9 of Part II; or (i) Division 9A of Part II; or (j) Part IIA; or
(b) 5 are to be members of, and appointed by, the Council. (4) When appointing members under subsection (3), each House of the Parliament must take into account the political composition of that House. (5) The Dispute Resolution Committee cannot meet until both the Assembly and the Council have made the appointments referred to in subsection (3). (6) A member of the Dispute Resolution Committee is to be appointed by the Dispute Resolution Committee as the Chair. (7) Each member of the Dispute Resolution Committee is entitled to 1 vote. (8) In the event of an equality of votes, the Chair also has a casting vote. (9) The Dispute Resolution Committee— (a) must meet in private; and (b) subject to this Division, may determine the rules to be adopted for the conduct of meetings. S. 65C inserted by No. 2/2003 s. 15. 65C Dispute Resolution (1) The Dispute Resolution Committee must seek to reach a Dispute Resolution on a Disputed Bill within 30 days after the Disputed Bill is referred to the Dispute Resolution Committee by a resolution of the Assembly. (2) If the Dispute Resolution Committee reaches a Dispute Resolution, a copy of the Dispute Resolution must be tabled in the Assembly and the Council on the first sitting day of that House after the Dispute Resolution has been reached.
Pt 2A (Heading and ss 74A–74D) inserted by No. 9254 s. 2(c), amended by Nos 9576 s. 11(1), 9870 ss 2, 3(a)–(e), 9937 s. 2, substituted as Pt 2A (Heading and ss 74A, 74B) by No. 55/1988 s. 3. S. 74A substituted by No. 55/1988 s. 3. 74A Local government S. 74A(1) substituted by No. 2/2003 s. 18. (1) Local government is a distinct and essential tier of government consisting of democratically elected Councils having the functions and powers that the Parliament considers are necessary to ensure the peace, order and good government of each municipal district. S. 74A(1A) inserted by No. 2/2003 s. 18. (1A) Subject to section 74B, each (a) is responsible for the governance of the area designated by its municipal boundaries; and (b) is constituted by democratically elected Councillors as the governing body which is— (i) accountable for its decisions and actions; and (ii) responsible for ensuring good governance; and
S. 78A inserted by No. 109/1994 s. 9, amended by No. 5/2013 s. 6 (ILA s. 39B(1)). 78A Chief Justice and Judges of Court of Appeal (1) A Judge may be appointed to be the Chief Justice, the President of the Court of Appeal or a Judge of Appeal either at the time of appointment as a Judge of the Court or, by further commission, at any later time. S. 78A(2) inserted by No. 5/2013 s. 6. (2) A reserve Judge must not be appointed as Chief Justice or President of the Court of Appeal. S. 78B inserted by No. 109/1994 s. 9. 78B Seniority (1) The President of the Court of Appeal is senior to all other Judges of the Court apart from the Chief Justice. (2) The Judges of Appeal have seniority after the President of the Court of Appeal and have seniority in relation to each other according to the dates of their commissions as Judges of Appeal. (3) The other Judges of the Court have seniority after the Judges of Appeal and have seniority in relation to each other according to the dates of their commissions as Judges of the Court. (4) If— (a) the commissions of 2 or more Judges of Appeal; or (b) the commissions of 2 or more other Judges of the Court— bear the same date, then, subject to this section, the Judges have seniority according to the
S. 82(6) substituted by No. 4/1987 s. 3(1)(c), amended by Nos 64/1990 s. 20(Sch. item 1.2(e)), 109/1994 s. 15(4)(c), repealed by No. 22/1995 s. 17(5)(a), new s. 82(6) inserted by No. 83/2008 s. 3(1). (6) 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. 82(6A) inserted by No. 4/1987 s. 3(1)(c), amended by No. 109/1994 s. 15(4)(d), repealed by No. 22/1995 s. 17(5)(a). * * * * * S. 82(6B) inserted by No. 4/1987 s. 3(1)(c), amended by Nos 109/1994 s. 15(4)(a), 22/1995 s. 17(5)(b). (6B) Nothing in this section authorises the salaries or the aggregate value of the allowances payable to the Chief Justice, the President of the Court of Appeal, the Judges of Appeal and the other Judges of the Court to be reduced. S. 82(6C) inserted by No. 83/2008 s. 3(2). (6C) An arrangement referred to in subsection (4) or (7A) does not constitute and is deemed never to have constituted a reduction in the salary of the Judge of the Court who enters or entered into the arrangement. S. 82(6D) inserted by No. 63/2013 s. 57(5). (6D) A part-time service arrangement does not constitute a reduction in the salary of the Judge of the Court or Associate Judge who enters into the arrangement.
(4) Unless the Governor in Council by Order otherwise determines in any particular case the right of a Judge to a pension under this section— (i) shall cease upon his accepting appointment to any judicial office in or outside ; and S. 83(4)(ia) inserted by No. 39/2003 s. 3(2), amended by No. 3/2005 s. 14(1). (ia) shall be diminished by the amount of any pension to which he or she is entitled under the law of the Commonwealth or of another State or of the Northern Territory or the Australian Capital Territory, being a pension for which he or she qualified because of service that, by force of subsection (6)(ac) or (6)(ba), was or could have been counted as service in the office of Judge of the Court; and S. 83(4)(ii) amended by No. 35/1996 s. 453(Sch. 1 item 11.3(a) (b)). (ii) shall be suspended while— he holds any office or place of profit under the Crown in right of the Commonwealth or of a State; or he is engaged in legal practice in any State or Territory of the Commonwealth or is employed by any legal practitioner in connexion with his practice in any such State or Territory: Provided that this subsection does not apply to or in relation to a Judge who resigned or retired before the 15th day of February, 1970. S. 83(5) amended by No. 19/2001 s. 7. (5) All pensions under this section or under any corresponding previous enactment and any payments of lump sums provided by the commutation of those pensions shall be payable out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. S. 83(6) amended by No. 63/2013 s. 58. (6) For the purposes of this section and section 83AAA—
whole of the liability for the superannuation contributions surcharge; and S. 83AB(1)(b) amended by No. 23/2008 s. 6(4). (b) notify the former Judge of the Court or, if he or she has died, the former Judge's partner or eligible child of the actuary's determination under subsection (1)(a). S. 83AB(2) amended by No. 23/2008 s. 6(4). (2) A former Judge of the Court or, if he or she has died, the former Judge's partner or eligible child may revoke the election under section 83AA within 10 days after the Minister's notification under subsection (1)(b). S. 83AB(3) amended by No. 23/2008 s. 6(4). (3) If an election under section 83AA is in operation, the former Judge of the Court's pension and any future entitlement of the former Judge's partner or eligible child to a pension upon the Judge's death otherwise payable from time to time under this Act must be reduced to the extent determined under subsection (1). (4) For the purposes of subsection (1)— (a) the reduction of the former Judge's pension must not exceed 15% of his or her total pension entitlement under the Act on the day on which the Judge resigned or retired; and S. 83AB(4)(b) amended by No. 23/2008 s. 6(4). (b) the reduction of any future entitlement of the Judge's partner or eligible child to a pension must not exceed 15% of an amount equal to the total pension entitlement of the Judge's partner and eligible children on the day on which the Judge resigned, retired or died while in office; and (c) each reduction referred to in paragraph (a) and (b) must be a fixed percentage to be applied to the pension entitlement under the Act and, if paragraphs (a) and (b) both apply, the percentage must be the same; and
S. 83A(2D) inserted by No. 83/2008 s. 5(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. 83A(3) amended by No. 24/2008 s. 9(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. 83A(3A) inserted by No. 83/2008 s. 5(2), amended by No. 83/2008 s. 6(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. 83A(4) substituted by No. 1/2000 s. 3(3). (4) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— S. 83A(4)(a) amended by No. 83/2008 s. 5(3). (a) the salaries (including the amount of any non-salary benefits) and allowances payable under this section; and S. 83A(4)(b) amended by Nos 24/2008 s. 9(2)(c)(i), 67/2013 s. 649(Sch. 9 item 5(3)). (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of the Associate Judges; and S. 83A(4)(c) amended by No. 24/2008 s. 9(2)(c). (c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to the Associate Judges; and S. 83A(4)(d) amended by No. 24/2008 s. 9(2)(c)(i). (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the Associate Judges.
S. 83A(5) repealed by No. 38/2004 s. 12(8), new s. 83A(5) inserted by No. 83/2008 s. 5(4). (5) If, before the commencement of section 5 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a master entered into an arrangement under which the master agreed to receive the whole or part of his or her total amount of salary as a master as nonsalary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. S. 83A(6) inserted by No. 83/2008 s. 5(4). (6) On and after the commencement of section 5 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (2C). S. 83A(7) inserted by No. 83/2008 s. 5(4). (7) In subsection (2A) non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004. S. 83B inserted by No. 63/2013 s. 13. 83B Remuneration and allowances of reserve Associate Judges (1) Subject to subsection (2), each reserve Associate Judge engaged to undertake the duties of an Associate Judge on a full time basis under section 105D of the Supreme Court Act 1986 must be paid a salary in accordance with the rate for the time being applicable under the Judicial Salaries Act 2004— (a) to the holder of the office of Senior Master of the Supreme Court other than on a reserve basis if the reserve Associate Judge— (i) was the Senior Master immediately before he or she retired or resigned; or
Commencement Date: 14.3.79: Government Gazette 14.3.79 p. 681 : All of Act in operation Constitution (Local Government) Act 1979, No. 9254/1979 Assent Date: 20.6.79 Commencement Date: S. 2 on 1.10.79: Government Gazette 26.9.79 p. 2997 : This information relates only to the provision/s amending the Constitution Act 1975 Judges Salaries Act 1979, No. 9293/1979 Assent Date: 31.10.79 Commencement Date: 31.10.79 : All of Act in operation Statute Law Revision Act 1980, No. 9427/1980 Assent Date: 27.5.80 Commencement Date: 27.5.80: subject to s. 6(2) : All of Act in operation Judges' Salaries and Pensions Act 1980, No. 9468/1980 Assent Date: 16.12.80 Commencement Date: 16.12.80 : All of Act in operation Crimes (Classification of Offences) Act 1981, No. 9576/1981 Assent Date: 26.5.81 Commencement Date: 1.9.81: Government Gazette 26.8.81 p. 2799 : All of Act in operation Constitution (Parliamentary Oaths) Act 1981, No. 9695/1981 Assent Date: 5.1.82 Commencement Date: 5.1.82 : All of Act in operation Constitution Act 1981, No. 9721/1981 Assent Date: 19.1.82 Commencement Date: 19.1.82 : All of Act in operation Constitution (Executive Council Expenses) Act 1982, No. 9730/1982 Assent Date: 29.6.82 Commencement Date: 29.6.82 : All of Act in operation Parliamentary Committees (Joint Investigatory Committees) Act 1982, No. 9765/1982 Assent Date: 13.7.82 Commencement Date: 25.8.82: Government Gazette 25.8.82 p. 2793 : All of Act in operation Constitution (Governor's Salary) Act 1982, No. 9773/1982 Assent Date: 1.9.82 (reserved for Royal Assent on 16.6.82) Commencement Date: 1.9.82 : All of Act in operation
Assent Date: 22.11.83 Commencement Date: 22.11.83 : All of Act in operation Teaching Service Act 1983, No. 10029/1983 Assent Date: 20.12.83 Commencement Date: S. 22 on 23.2.84: Government Gazette 22.2.84 p. 614 : This information relates only to the provision/s amending the Constitution Act 1975 Interpretation of Legislation Act 1984, No. 10096/1984 Assent Date: 22.5.84 Commencement Date: 1.7.84: s. 2 : All of Act in operation Constitution (Duration of Parliament) Act 1984, No. 10106/1984 Assent Date: 25.9.84 Commencement Date: 1.1.85: s. 1(2) : All of Act in operation The Constitution Act Amendment (Electoral Legislation) Act 1984, No. 10146/1984 Assent Date: 13.11.84 Commencement Date: S. 7 on 22.11.84: Government Gazette 21.11.84 p. 4104; ss 4, 5 on 1.1.85: Government Gazette 5.12.84 p. 4265 : This information relates only to the provision/s amending the Constitution Act 1975 Registration of Births Deaths and Marriages (Amendment) Act 1985, No. 10244/1985 Assent Date: 10.12.85 Commencement Date: 31.10.86: Government Gazette 29.10.86 p. 4114 : All of Act in operation Constitution (Governor's Salary and Pension) Act 1985, No. 1/1986 Assent Date: 22.1.86 Commencement Date: 22.1.86 : All of Act in operation Courts Amendment Act 1986, No. 16/1986 Assent Date: 22.4.86 Commencement Date: Ss 1–11, 13–27, 29–34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701 : All of Act in operation Constitution (British Subjects) Act 1986, No. 61/1986 Assent Date: 16.9.86 Commencement Date: 27.5.87: Government Gazette 27.5.87 p. 1235 : All of Act in operation
Assent Date: 14.12.99 Commencement Date: Ss 3–5 on 1.1.00: Government Gazette 23.12.99 p. 2764 : This information relates only to the provision/s amending the Constitution Act 1975 Public Prosecutions (Amendment) Act 1999, No. 62/1999 Assent Date: 21.12.99 Commencement Date: 22.12.99: s. 2 : All of Act in operation Courts and Tribunals Legislation (Amendment) Act 2000, No. 1/2000 Assent Date: 28.3.00 Commencement Date: S. 3 on 1.7.00: s. 2(2) : This information relates only to the provision/s amending the Constitution Act 1975 Corporations (Commonwealth Powers) Act 2001, No. 6/2001 Assent Date: 8.5.01 Commencement Date: S. 10 on 21.6.01: Government Gazette 21.6.01 p. 1339 : This information relates only to the provision/s amending the Constitution Act 1975 Constitution (Supreme Court) Act 2001, No. 12/2001 Assent Date: 22.5.01 Commencement Date: Ss 3, 4 on 23.5.01: s. 2(1) : This information relates only to the provision/s amending the Constitution Act 1975 Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001 Assent Date: 29.5.01 Commencement Date: Ss 4–10 on 30.5.01: s. 2 : This information relates only to the provision/s amending the Constitution Act 1975 Constitution (Metropolitan Ambulance Service Royal Commission Report) Act 2001, No. 40/2001 Assent Date: 27.6.01 Commencement Date: 28.6.01: s. 2 : All of Act in operation Judicial Remuneration Tribunal (Amendment) Act 2002, No. 4/2002 Assent Date: 3.4.02 Commencement Date: S. 12(1) on 1.1.02: s. 2(2) : This information relates only to the provision/s amending the Constitution Act 1975 Constitution (Governor's Salary) Act 2002, No. 8/2002 Assent Date: 23.4.02 Commencement Date: 24.4.02: s. 2 : All of Act in operation Electoral Act 2002, No. 23/2002