prescribed means prescribed by this Act or any regulation thereunder; President means President of the Council and includes any person acting as the President of the Council; presiding officer means— (a) in relation to the Legislative President; and (b) in relation to the Legislative Assembly—the Speaker; S. 5 def. of province repealed by No. 2/2003 s. 49(1)(a). * * * * * S. 5 def. of region inserted by No. 2/2003 s. 49(1)(b). region means electoral region of the Council; S. 5 def. of reserve Associate Judge inserted by No. 63/2013 s. 3(a). reserve Associate Judge has the same meaning as it has in the Supreme Court Act 1986; S. 5 def. of reserve Judge inserted by No. 5/2013 s. 3(1). reserve Judge means a person appointed under section 81; Speaker means Speaker of the Assembly and includes any person acting as the Speaker of the Assembly; S. 5 def. of subdivision repealed by No. 24/1999 s. 44(1). * * * * * Council—
specified period means the period which is specified to be the specified period in the specified standards; splitting order means an order mentioned in section 90MT of the Family Law Act 1975 of the Commonwealth; S. 5A(1) def. of spouse amended by No. 38/2009 s. 17(1)(a). spouse of a person (except in sections 83(8) to 83(22)) means a person to whom the person is, or was at the time of the person's death, married; S. 5A(1) def. of agreement amended by No. 38/2009 s. 17(1)(b). superannuation agreement has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth; superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; superannuation interest means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest; unsplittable interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth; value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest means the value as determined in accordance with regulation 14G(8) of the Family Law (Superannuation) Regulations 2001 of the Commonwealth;
Constitution Act s. XXVIII. 8 Convocation, prorogation and dissolution (1) The Governor may by proclamation or otherwise fix such places within and subject to this Act such times for holding every session of the Council and Assembly and may vary and alter the same respectively in such manner as he thinks fit. S. 8(2) amended by No. 10106 s. 4(a). (2) Subject to subsection (3) the Governor may if he thinks fit by proclamation or otherwise from time to time— (a) prorogue the Council the Assembly or both the Council and the Assembly; or (b) dissolve the Assembly. S. 8(3) inserted by No. 10106 s. 4(b), substituted by No. 2/2003 s. 3. (3) The Governor may not dissolve the Assembly (including the Assembly last elected before the Constitution (Parliamentary Reform) Act 2003 receives the Royal Assent) unless— (a) the Assembly is dissolved in accordance with section 8A; or (b) the Premier has given advice to the Governor under section 65E(2) to dissolve the Assembly. S. 8(4)–(6) inserted by No. 10106 s. 4(b), repealed by No. 2/2003 s. 3. * * * * * S. 8A inserted by No. 2/2003 s. 4. 8A Dissolution of Assembly after a no confidence motion (1) The Assembly may be dissolved if— (a) a motion of no confidence in the Premier and the other Ministers of State for the State of is passed by the Assembly; and
(j) Part IIA; or (k) section 75(1); or (l) Part IIIA; or (m) Part IV; or (n) Division 3 of Part V; or (o) Part VA; or (p) any provision substituted for any provision specified in paragraphs (a) to (o)— may be repealed, altered or varied unless the Bill has been passed by the Assembly and the Council and approved by the majority of the electors voting at a referendum. S. 18(1BA) inserted by No. 2/2003 s. 17(2). (1BA) For the purposes of subsection (1B), a provision of a Bill is not to be taken to repeal, alter or vary Part IIA unless the Bill expressly refers to that Part in, or in relation to, that provision and expressly, and not merely by implication, states an intention to repeal, alter or vary Part IIA. S. 18(1C) inserted by No. 2/2003 s. 17(2). (1C) A Bill to which subsection (1B) applies must be submitted to a referendum on a day not sooner than 59 days after the Bill has been passed by the Assembly and the Council.
(i) the High Court of or of a court created by the Parliament of the Commonwealth; or (ii) a court of or of another State or of the or the ; or (b) has been admitted to legal practice in , another State, the or the , or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years. Note to s. 75B(1) inserted by No. 3/2016 s. 39. Note See also section 8(1B) of the County Court Act 1958 in relation to a Judge of the Court who is a dual commission holder as Chief Judge. S. 75B(2) amended by Nos 24/2007 s. 8(1), 24/2008 s. 6(b). (2) The Judges of the Court shall be appointed by the Governor by commission with the advice of the Executive Council. S. 75C inserted by No. 63/2013 s. 56. 75C Entry into part-time service arrangement (1) A Judge of the Court other than an excluded judicial officer may enter into an arrangement with the Chief Justice to carry out the duties of Judge of the Court on a part-time basis. (2) A part-time service arrangement— (a) must be in writing; (b) must specify the proportion of full-time duties to be worked by the Judge of the Court to whom the part-time service arrangement applies, which must be a minimum of 0∙4 of full-time duties; (c) may specify an expiry date, but is not required to do so. (3) The Chief Justice may have regard to the following factors in considering whether to enter into a part-time service arrangement—
S. 83(3C) inserted by No. 3/2016 s. 43(1). (3C) In the case of the death of a Judge of the Court who is a dual commission holder as Chief Judge, subsection (2) does not apply and section 14 of the County Court Act 1958 applies. (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.
(c) the non-member spouse has served a waiver notice on the Minister under section 90MZA of the Family Law Act 1975 of the Commonwealth in respect of the member spouse's superannuation interest; or (d) the member spouse's superannuation interest is a payment that is not a splittable payment under Part 2 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth. S. 83(14) inserted by No. 23/2008 s. 8. (14) If the member spouse's superannuation interest is a pension under this Act due to a disability which is a splittable payment, the Minister may determine that subsections (11) and (12) do not apply. S. 83(15) inserted by No. 23/2008 s. 8. (15) If the non-member spouse serves a waiver notice on the Minister under section 90MZA of the Family Law Act 1975 of the Commonwealth in respect of the member spouse's superannuation interest, the Minister may make a payment to the non-member spouse not exceeding the value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest less any payments previously made by the Minister to the non-member spouse in accordance with this section. S. 83(16) inserted by No. 23/2008 s. 8. (16) Despite anything to the contrary in this Act, if under subsection (11), (12) or (15) an amount is paid by the Minister to a non-member spouse or transferred by the Minister on behalf of a spouse, the benefit of a member spouse must be reduced by the Minister in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Minister.
S. 83(17) inserted by No. 23/2008 s. 8. (17) On the application of an eligible person within the meaning of section 90MZB(8) of the Family Law Act 1975 of the Commonwealth, the Minister may provide information additional to the information required to be provided under section 90MZB of that Act if the Minister considers that the additional information is necessary to understand the member spouse's benefit entitlements. S. 83(18) inserted by No. 23/2008 s. 8. (18) The entitlement of a person to convert or commute a benefit or pension under this Act is not affected by the making of a payment or transfer under subsection (11), (12) or (15). S. 83(19) inserted by No. 23/2008 s. 8. (19) The Minister may charge reasonable fees in respect of— (a) a payment split; (b) a payment flag; (c) flag lifting under a flag lifting agreement that does not provide for a payment split; (d) an order under section 90MM of the Family Law Act 1975 of the Commonwealth terminating the operation of a payment flag; (e) an application under section 90MZB of the Family Law Act 1975 of the Commonwealth for information about a superannuation interest; (f) any other thing done by the Minister in relation to a superannuation interest covered by a superannuation agreement, flag lifting agreement or splitting order; (g) the provision of information under subsection (17). S. 83(20) inserted by No. 23/2008 s. 8. (20) Fees charged under subsection (19) must not exceed the maximum levels of fees fixed by the Minister for the purposes of this section by notice published in the Government Gazette.
(3) If an election under section 83AA is in operation and the Minister has received an authorisation under subsection (1), 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. 83AD inserted by No. 19/2001 s. 8. 83AD Election of former Judges of Court to commute pensions for payment of superannuation contributions surcharge S. 83AD(1) amended by No. 23/2008 s. 6(4). (1) If no election under section 83AA is in operation, a former Judge of the Court who is entitled to receive a pension under this Act may elect to have part of his or her pension and that of his or her partner or eligible child, if any, commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former Judge or his or her partner or eligible child to receive a pension under this Act. (2) An election under subsection (1) must— S. 83AD(2)(a) amended by No. 23/2008 s. 6(5). (a) be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice is issued in respect of a former Judge of the Court's pension or his or her partner's or eligible child's pension; and (b) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pensions; and
S. 83A(2A) inserted by No. 83/2008 s. 5(1), amended by No. 83/2008 s. 6, repealed by No. 29/2015 s. 78(6)(a). * * * * * S. 83A(2B) inserted by No. 83/2008 s. 5(1), repealed by No. 29/2015 s. 78(6)(a). * * * * * S. 83A(2C) inserted by No. 83/2008 s. 5(1), amended by No. 83/2008 s. 6(a), repealed by No. 29/2015 s. 78(6)(a). * * * * * S. 83A(2D) inserted by No. 83/2008 s. 5(1), repealed by No. 29/2015 s. 78(6)(a). * * * * * 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), repealed by No. 29/2015 s. 78(6)(b). * * * * *
S. 87AAA(1) def. of Board inserted by No. 16/2016 s. 152(1). Board means the Board of the Judicial Commission established under section 87AAM; S. 87AAA(1) def. of complaint inserted by No. 16/2016 s. 152(1). complaint has the same meaning as in the Judicial Commission of Victoria Act 2016; S. 87AAA(1) def. of investigating committee repealed by No. 16/2016 s. 152(2). * * * * * S. 87AAA(1) def. of investigating panel inserted by No. 16/2016 s. 152(1). investigating panel means a panel appointed by the Judicial Commission under Division 5; S. 87AAA(1) def. of Judicial Commission inserted by No. 16/2016 s. 152(1). Judicial Commission means the Judicial Commission of Victoria established by section 87AAK; S. 87AAA(1) def. of judicial member inserted by No. 16/2016 s. 152(1). judicial member, of the Board, means a member of the Board referred to in section 87AAN; S. 87AAA(1) def. of judicial office amended by No. 24/2008 s. 12. judicial office means the office of any of the following— (a) Judge of the Supreme Court; (b) Associate Judge of the Supreme Court; (c) judge of the County Court; (d) associate judge of the County Court;
(p) a judicial registrar; S. 87AAA(1) def. of judicial registrar inserted by No. 16/2016 s. 152(1). judicial registrar means a judicial registrar of the Supreme Court, the County Court, the Magistrates' Court, the Children's Court or the Coroners Court; S. 87AAA(1) def. of member inserted by No. 16/2016 s. 152(1). member, in relation to VCAT, has the same meaning as in section 3 of the Victorian Civil and Administrative Tribunal Act 1998; S. 87AAA(1) def. of non-judicial member of VCAT inserted by No. 16/2016 s. 152(1). non-judicial member of VCAT means a member of VCAT who is not a judicial officer; S. 87AAA(1) def. of panel repealed by No. 16/2016 s. 152(2). * * * * * S. 87AAA(1) def. of protected disclosure complaint inserted by No. 16/2016 s. 152(1). protected disclosure complaint means a disclosure that the IBAC has determined under section 26 of the Protected Disclosure Act 2012 to be a protected disclosure complaint; S. 87AAA(1) def. of qualifying office repealed by No. 16/2016 s. 152(2). * * * * * S. 87AAA(1) def. of referral inserted by No. 16/2016 s. 152(1). referral has the same meaning as in the Judicial Commission of Victoria Act 2016;
S. 95(3)(a) amended by Nos 9788 s. 3(1)(b)(ii), 9921 s. 255, 10029 s. 22, 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 40), 24/2006 s. 6.1.2(Sch. 7 item 8.2), 6/2010 s. 203(1) (Sch. 6 item 9.2) (as amended by No. 45/2010 s. 22), 37/2014 s. 10(Sch. item 27.2). (a) shall apply to every person employed as aforesaid notwithstanding that he may not be subject to the Public Administration Act 2004 or the Education and Training Reform Act 2006 or the Transport (Compliance and Miscellaneous) Act 1983 or the Transport Integration Act 2010 or the Victoria Police Act 2013; S. 95(3)(b) amended by No. 24/1996 s. 34(b). (b) shall not apply to officers in the service of the Parliament, but the Governor in Council on the joint recommendation of the presiding officers may make regulations applying to such officers in relation to matters referred to herein. Pt 7 (Heading and ss 96, 97) inserted by No. 37/2003 s. 5. S. 96 inserted by No. 37/2003 s. 5. 96 Definitions In this Part— public authority means— (a) a public statutory authority; or
Pt 8 (Heading and s. 96) repealed by No. 24/1996 s. 34(c). * * * * * Sch. 1 amended by No. 9863 s. 2, repealed by No. 24/1996 s. 34(c). * * * * * S. 23. Sch. 2 substituted by No. 108/1994 s. 6(2), amended by No. 69/2009 s. 54(Sch. Pt 2 item 11.2). Oath I swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty and Her Majesty's heirs and successors according to law. Affirmation I do solemnly and sincerely affirm that I will be faithful and bear true allegiance to Her Majesty and Her Majesty's heirs and successors according to law. [If circumstances so require, His Majesty is to be substituted for Her Majesty.] NOTE: For forms of administering oaths, see Evidence (Miscellaneous Provisions) Act 1958, section 100.
Assent Date: 14.12.82 Commencement Date: Ss 2, 4 on 14.11.82: s. 1(2); rest of Act on 1.1.83: s. 1(2) : All of Act in operation Constitution (Qualification of Electors) Act 1982, No. 9826/1982 Assent Date: 21.12.82 Commencement Date: 26.1.84: Government Gazette 16.11.83 p. 3679 : All of Act in operation Statute Law Revision (Repeals) Act 1982, No. 9863/1982 Assent Date: 5.1.83 Commencement Date: 5.1.83 : All of Act in operation Constitution (Local Government) Act 1983, No. 9870/1983 Assent Date: 27.4.83 Commencement Date: 27.4.83 : All of Act in operation Constitution (Electoral Provinces and Districts) Act 1983, No. 9892/1983 Assent Date: 31.5.83 Commencement Date: 31.5.83 (except ss 2(1), 3(1)—see ss 2(2), 3(2)) : All of Act in operation Statute Law Revision Act 1983, No. 9902/1983 Assent Date: 15.6.83 Commencement Date: 15.6.83 subject to s. 2(2) : All of Act in operation Transport Act 1983, No. 9921/1983 Assent Date: 23.6.83 Commencement Date: S. 255(Sch. 12) on 1.7.83: s. 1(2)(c) : This information relates only to the provision/s amending the Constitution Act 1975 Constitution (Corporations' Franchise) Act 1983, No. 9937/1983 Assent Date: 9.12.83 Commencement Date: 27.4.83: s. 1(2) : All of Act in operation Constitution (Judges) Act 1983, No. 9959/1983 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