{"id":"sr:constitution-regulations-2018","name":"Constitution Regulations 2018","slug":"constitution-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181287,"registerId":"vic-sr:constitution-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Constitution Regulations 2018","content":"Version No. 001\n\n**Constitution Regulations 2018**\n\n**S.R. No. 43/2018**\n\nVersion as at  \n10 April 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Prescribed tribunal for purposes of eligibility for membership of Judicial Commission Board or investigating panel 1\n\n═════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Amendments Not in Operation 6\n\n4 Explanatory details 7\n\n**Version No.** **001**\n\n**Constitution Regulations 2018**\n\n**S.R. No. 43/2018**\n\nVersion as at  \n10 April 2018\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe a tribunal of another State or a Territory or a tribunal created by the Parliament of the Commonwealth for the purposes of Divisions 4 and 5 of Part IIIAA of the **Constitution Act 1975**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 87AAZ of the **Constitution Act 1975**.\n\n\t3 Prescribed tribunal for purposes of eligibility for membership of Judicial Commission Board or investigating panel\n\nFor the purposes of sections 87AAO(2)(a), 87AAQ(1)(f)(i), 87AAS(1)(b)(ii), 87AAS(1)(c)(ii), 87AAS(5), 87AAW(2)(a) and 87AAY(1)(d) of the **Constitution Act 1975**, the following tribunals are prescribed—\n\n(a) the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1975  of the Commonwealth;\n\n(b) the ACT Civil and Administrative Tribunal established under the ACT Civil and Administrative Tribunal Act 2008 of the Australian Capital Territory;\n\n(c) the Northern Territory Civil and Administrative Tribunal established under the Northern Territory Civil and Administrative Tribunal Act  of the Northern Territory;\n\n(d) the Civil and Administrative Tribunal of New South Wales established under the Civil and Administrative Tribunal Act 2013  of New South Wales;\n\n(e) the Queensland Civil and Administrative Tribunal established under the Queensland Civil and Administrative Tribunal Act 2009 of Queensland;\n\n(f) the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013 of South Australia;\n\n(g) the State Administrative Tribunal established under the State Administrative Tribunal Act 2004 of Western Australia.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Constitution Regulations 2018, S.R. No. 43/2018 were made on 10 April 2018 by the Governor in Council under section 87AAZ of the **Constitution Act 1975**, No. 8750/1975 and came into operation on 10 April 2018.\n\nThe Constitution Regulations 2018 will sunset 10 years after the day of making on 10 April 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Constitution Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the document contains no substantive provisions, only structural metadata and version history labels. No comparison between original and current scope is possible."},"complexity_factors":["Insufficient substantive content provided to assess true complexity","Constitutional subject matter can inherently involve complex legal concepts","Regulations (subordinate legislation) add a layer of interpretation requiring reference to the parent Act","Consolidated version status suggests possible amendments that may create interpretive complexity","Score reflects the bare document provided, not constitutional regulations generally"],"plain_english_summary":"This instrument is a 2018 statutory rule (No. 43/2018) made under a Constitution Act, but the provided file contains only metadata, version history and headings — no substantive regulatory text. Because the actual provisions aren’t included, we can confirm its form and date but cannot say what it requires, who it affects, or what penalties or obligations it creates."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations perform exactly the narrow function authorised by section 87AAZ of the Constitution Act 1975 — prescribing tribunals for eligibility purposes. There is no evidence of scope creep; the instrument remains tightly focused on its original purpose of specifying which external tribunals qualify for membership purposes."},"complexity_factors":["Only 3 substantive regulations, with the third being a simple list","No defined terms in the regulations themselves (all definitions rely on the parent Act)","Minimal conditional logic — essentially a single operative provision prescribing a list","Straightforward cross-referencing to specific sections of the Constitution Act 1975","No nested exceptions or complex procedural requirements","Length is extremely short (under 2 pages of substantive content)"],"plain_english_summary":"This is a short piece of Victorian law that lists which courts and tribunals count as 'prescribed tribunals' for a specific purpose in the Victorian Constitution.\n\n**What it does:**\nThe regulations specify which administrative tribunals from other Australian states, territories, and the Commonwealth are recognised when deciding who can serve on Victoria's **Judicial Commission Board** or **investigating panels**. These bodies handle complaints about judges and judicial officers in Victoria.\n\n**Who it affects:**\n- People who might be appointed to Victoria's Judicial Commission Board or investigating panels\n- Legal professionals who have served on the listed tribunals (such as the Administrative Appeals Tribunal or state civil and administrative tribunals)\n- The Victorian judicial system generally\n\n**Why it matters:**\nVictorian law sets eligibility rules for who can sit on these important oversight bodies. One pathway to eligibility is having served on certain tribunals. Rather than listing these tribunals directly in the Constitution Act itself, the law allows them to be specified in separate regulations (this document). This makes it easier to update the list without changing the Constitution Act.\n\nThe regulations recognise equivalent tribunals from:\n- The Commonwealth (Administrative Appeals Tribunal)\n- Australian Capital Territory\n- Northern Territory\n- New South Wales\n- Queensland\n- South Australia\n- Western Australia\n\nNotably, **Tasmania and Victoria itself are not listed** — the regulations only cover 'another State or Territory' as authorised by the parent Act."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument implements the authorising power in section 87AAZ by prescribing specified tribunals. The text shows no amendment to the substantive scope of Part IIIAA; it only identifies which tribunals count for existing eligibility rules."},"complexity_factors":["Single, narrow purpose: prescribes a list of tribunals for a specific eligibility rule.","Short text and limited operative provisions (one operative regulation).","Cross-references to multiple provisions of the Constitution Act 1975 (several section numbers listed) require users to consult that Act to see the full effect.","Relies on external statute names and institutions across jurisdictions (Commonwealth, ACT, NT, NSW, QLD, SA, WA).","Temporal detail (sunset after 10 years) and authorising provision (s87AAZ) create administrative lifecycle considerations."],"plain_english_summary":"These Regulations list which interstate and Commonwealth tribunals count as \"prescribed tribunals\" for eligibility rules in Divisions 4 and 5 of Part IIIAA of the Constitution Act 1975. Mechanically, that links eligibility for membership of the Judicial Commission Board and investigating panels to prior service on the named tribunals.\n\nThe change affects prospective appointees (who may qualify because of tribunal service) and the appointing authority (the Governor in Council). It clarifies who may be eligible without creating new obligations or fees for private parties."}},"importantCases":[],"_links":{"self":"/api/acts/constitution-regulations-2018","history":"/api/acts/constitution-regulations-2018/history","analysis":"/api/acts/constitution-regulations-2018/analysis","conflicts":"/api/acts/constitution-regulations-2018/conflicts","importantCases":"/api/acts/constitution-regulations-2018/important-cases","documents":"/api/acts/constitution-regulations-2018/documents"}}