{"id":"victoria-law-foundation-act-2009","name":"Victoria Law Foundation Act 2009","slug":"victoria-law-foundation-act-2009","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173433,"registerId":"vic-victoria-law-foundation-act-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victoria Law Foundation Act 2009","content":"Version No. 010\n\n**Victoria Law Foundation Act 2009**\n\n**No. 10 of 2009**\n\nVersion incorporating amendments as at  \n1 July 2018\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 1\n\nPart 2—Victoria Law Foundation 4\n\n4 Continuation of the Victoria Law Foundation 4\n\n4A Object of the Foundation 4\n\n5 Functions of the Foundation 5\n\n6 General powers of the Foundation 5\n\n7 Constitution and membership of the Foundation 7\n\n8 Terms and conditions of office of members—members other than the Chief Justice and the Chief Justice's nominee 9\n\n8A Terms and conditions of office of members—Chief Justice's nominee 10\n\n9 Meetings 10\n\n10 Conflicts of interest 11\n\n11 Validity of decisions 12\n\n12 Executive Director and employees 12\n\nPart 3—Transitional provisions and repeal 13\n\n13 Transitional provisions 13\n\n14 Repeal of Victoria Law Foundation Act 1978 13\n\n15 Transitional provisions—Victoria Law Foundation Amendment Act 2011 14\n\n16 Transitional provisions—Justice Legislation Amendment (Access to Justice) Act 2018 15\n\nEndnotes 18\n\n1 General information 18\n\n2 Table of Amendments 20\n\n3 Amendments Not in Operation 21\n\n4 Explanatory details 22\n\n**Version No.** **010**\n\n**Victoria Law Foundation Act 2009**\n\n**No. 10 of 2009**\n\nVersion incorporating amendments as at  \n1 July 2018\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to provide for the continuation of the Victoria Law Foundation and the re‑enactment with amendments of the laws relating to the governance of the Foundation;\n\n(b) to repeal the **Victoria Law Foundation Act 1978**.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day to be proclaimed.\n\n(2) If this Act does not come into operation before 1 July 2009, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *Board of Victoria Legal Aid* inserted by No. 15/2018 s. 49.\n\n***Board***  ***of Victoria Legal Aid***  means the board of directors of Victoria Legal Aid established under the **Legal Aid Act 1978**;\n\nS. 3 def. of *Courts Council* inserted by No. 15/2018 s. 49.\n\n***Courts Council*** means the Courts Council established under the **Court Services Victoria Act 2014**;\n\n***Foundation*** means the Victoria Law Foundation;\n\n***judicial office*** means the office of any of the following—\n\n(a) Judge of the Supreme Court;\n\n(b) Master or Associate Judge of the Supreme Court;\n\n(c) judge of the County Court;\n\n(d) master or associate judge of the County Court;\n\n(e) magistrate;\n\n(f) judge, master, associate judge or magistrate of—\n\n(i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or\n\n(ii) a court of a State other than Victoria or of the Northern Territory or the Australian Capital Territory;\n\n***Law Institute*** means Law Institute of Victoria Limited A.C.N. 075 475 731;\n\nS. 3 def. of *lawyer* amended by No. 17/2014 s. 160(Sch. 2 item 104).\n\n***lawyer*** means—\n\n(a) an Australian lawyer; or\n\n(b) an Australian legal practitioner; or\n\n(c) a person who holds or has held judicial office;\n\n***member*** means a member of the Victoria Law Foundation;\n\nS. 3 def. of *Victorian Bar* amended by No. 20/2012 s. 226(Sch. 5 item 24).\n\n***Victorian Bar*** means Victorian Bar Inc, an association incorporated under the **Associations Incorporation Reform Act 2012**.\n\nPart 2—Victoria Law Foundation\n\n\t4 Continuation of the Victoria Law Foundation\n\n(1) There continues to be a body corporate called the Victoria Law Foundation.\n\n(2) The Foundation—\n\n(a) has perpetual succession;\n\n(b) must have an official seal;\n\n(c) may sue and be sued in its corporate name;\n\n(d) is capable of taking, purchasing, leasing, holding, selling, exchanging and disposing of real and personal property for the purposes of this Act;\n\n(e) may do and suffer all acts and things which a body corporate may by law do and suffer.\n\n(3) The official seal of the Foundation must be kept in such custody as the Foundation directs and must not be used except as authorised by the Foundation.\n\n(4) All courts must take judicial notice of the imprint of the official seal on a document and, until the contrary is proved, must presume that the document was properly sealed.\n\nS. 4A inserted by No. 15/2018 s. 50.\n\n\t4A Object of the Foundation\n\nThe object of the Foundation is to contribute to the development of a justice system that meets the legal and related needs of the Victorian community by improving knowledge and information about the Victorian justice system.\n\nS. 5 substituted by No. 15/2018 s. 51.\n\n\t5 Functions of the Foundation\n\nThe functions of the Foundation are—\n\n(a) to conduct, commission and disseminate research on the justice system, especially in matters relating to access to justice, legal services and civil justice, including—\n\n(i) collecting and analysing justice system data and information; and\n\n(ii) developing and applying measures to assess the effectiveness and efficiency of the justice system; and\n\n(b) to promote and undertake education within Victoria to improve community understanding of the law and the justice system; and\n\n(c) to educate the legal sector in matters relating to access to justice, including plain language education; and\n\n(d) to make grants to organisations to fund projects and programs consistent with the functions or object of the Foundation; and\n\n(e) to publish or subsidise the publication of material relating to, resulting from, or connected with carrying out the functions or object of the Foundation.\n\n\t6 General powers of the Foundation\n\n(1) Subject to this Act, the Foundation has power to do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions.\n\n(2) Without limiting or derogating from the generality of the powers of the Foundation under this Act, the powers of the Foundation include—\n\n(a) creating and administering a trust fund;\n\n(b) administering the Endowment and Reserve Fund created by the Foundation;\n\n(c) obtaining a financial benefit or assistance to obtain a financial benefit by way of overdraft of account at any authorised deposit-taking institution (within the meaning of the Banking Act 1959 of the Commonwealth) or other financial institution in Australia;\n\n(d) investing money of the Foundation;\n\n(e) exercising any power in relation to investments that a natural person may exercise and, without limiting the generality of the foregoing—\n\n(i) selling, bartering, exchanging or otherwise disposing of or getting in any of its investments; and\n\n(ii) varying its investments or transposing any of its investments for other investments;\n\n(f) defraying any expenses incurred by the Foundation for the purposes of this Act;\n\nS. 6(2)(g) substituted by No. 15/2018 s. 52(1).\n\n(g) charging reasonable fees in respect of activities undertaken in the exercise of its statutory functions;\n\n(h) reimbursing to members reasonable travelling and other expenses incurred in attending meetings of the Foundation or otherwise in connection with carrying out its business.\n\n(3) The Foundation may delegate by instrument its powers under subsection (2)(b), (2)(d) and (2)(e) to—\n\n(a) the Executive Director employed under section 12;\n\n(b) an employee employed under section 12;\n\nS. 6(3)(c) amended by No. 15/2018 s. 52(2).\n\n(c) a consultant engaged under section 12;\n\nS. 6(3)(d) inserted by No. 15/2018 s. 52(3).\n\n(d) a person engaged on secondment under section 12.\n\nS. 7 substituted by No. 19/2011 s. 4.\n\n\t7 Constitution and membership of the Foundation\n\nS. 7(1) amended by No. 15/2018 s. 53(1).\n\n(1) The Foundation consists of 8 members—\n\n(a) one of whom must be—\n\nS. 7(1)(a)(i) amended by No. 15/2018 s. 53(2).\n\n(i) the Chief Justice; or\n\n(ii) a person nominated by the Chief Justice; and\n\nS. 7(1)(b) amended by No. 15/2018 s. 53(3).\n\n(b) seven of whom must be appointed by the Minister.\n\n(2) Of the members appointed by the Minister under subsection (1)(b)—\n\n(a) one is to be appointed on the nomination of the Law Institute of Victoria; and\n\n(b) one is to be appointed on the nomination of the Victorian Bar; and\n\n(c) one is to be appointed on the nomination of the Federation of Community Legal Centres (Vic.) Inc; and\n\nS. 7(2)(ca) inserted by No. 15/2018 s. 53(4).\n\n(ca) one is to be appointed on the nomination of the Board of Victoria Legal Aid; and\n\nS. 7(2)(cb) inserted by No. 15/2018 s. 53(4).\n\n(cb) one is to be appointed on the nomination of the Courts Council; and\n\nS. 7(2)(d) amended by No. 15/2018 s. 53(5).\n\n(d) one is to be appointed by the Minister having regard, as far as is practicable, to the need for the Foundation to have experience and skills in, and knowledge of, the following areas—\n\n(i) the law, legal research or community education;\n\n(ii) management of community organisations, not-for-profit organisations or bodies corporate;\n\n(iii) financial management;\n\nS. 7(2)(d)(iv) amended by No. 15/2018 s. 53(6).\n\n(iv) grants administration; and\n\nS. 7(2)(d)(v) repealed by No. 15/2018 s. 53(7).\n\n* * * * *\n\nS. 7(2)(e) inserted by No. 15/2018 s. 53(8).\n\n(e) one is to be appointed by the Minister having regard, as far as is practicable, to the need for the Foundation to have experience and skills in research and analysis, or in the oversight of research and analysis, in areas including the following—\n\n(i) the justice system;\n\n(ii) social sciences;\n\n(iii) economics;\n\n(iv) statistics;\n\n(v) public policy.\n\nS. 7(3) amended by No. 15/2018 s. 53(9).\n\n(3) At least 4 of the members of the Foundation must be lawyers.\n\n(4) The Chairperson of the Foundation is—\n\n(a) the Chief Justice; or\n\n(b) if the Chief Justice has nominated a person under subsection (1)(a)(ii), that person.\n\nS. 8 (Heading) substituted by No. 19/2011 s. 5(1).\n\n\t8 Terms and conditions of office of members—members other than the Chief Justice and the Chief Justice's nominee\n\nS. 8(1) substituted by No. 19/2011 s. 5(2).\n\n(1) Subject to this section, a member appointed under section 7(1)(b) holds office for a term of 3 years from the date of the member's appointment.\n\n(2) A member is eligible for re-appointment.\n\n(3) The Minister may at any time remove a member from office on the ground that the member—\n\n(a) in the opinion of the Minister, is mentally or physically incapable of carrying out the duties of the office; or\n\n(b) is absent from 3 consecutive meetings of the Foundation without the consent of the Foundation; or\n\n(c) is an insolvent under administration; or\n\n(d) is disqualified from managing corporations under the Corporations Act; or\n\n(e) is found guilty of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence.\n\n(4) A member may resign by writing delivered to the Chairperson.\n\nS. 8(5) substituted by No. 19/2011 s. 5(3), amended by No. 15/2018 s. 54.\n\n(5) The Minister must as soon as practicable after a nominated member referred to in section 7(2)(a), (b), (c), (ca) or (cb) resigns or is removed from office appoint a replacement member on the nomination of the body that nominated the former member.\n\nS. 8A inserted by No. 19/2011 s. 6.\n\n\t8A Terms and conditions of office of members—Chief Justice's nominee\n\nS. 8A(1) amended by No. 15/2018 s. 55.\n\n(1) Subject to this section, if a person is nominated by the Chief Justice under section 7(1)(a)(ii), that person holds office for—\n\n(a) as long as determined by the Chief Justice; or\n\n(b) as long as the Chief Justice who nominated the member holds office as the Chief Justice.\n\n(2) If a person is nominated by the Chief Justice under section 7(1)(a)(ii), that person may be removed from office by the Chief Justice.\n\n(3) If a person is nominated by the Chief Justice under section 7(1)(a)(ii), that person may resign by writing delivered to the Chief Justice and the Foundation.\n\n\t9 Meetings\n\n(1) Meetings of the Foundation must be held at such times and places as the Foundation may from time to time determine or as the Chairperson may direct.\n\n(2) The Chairperson must preside at any meeting of the Foundation at which he or she is present.\n\n(3) If the Chairperson is absent from a meeting of the Foundation, the members present at the meeting must elect one of those present to preside at the meeting.\n\nS. 9(4) amended by Nos 19/2011 s. 7, 15/2018 s. 56.\n\n(4) The quorum of the Foundation is 4 members.\n\n(5) A question arising at a meeting is determined by a majority of votes of members present and the person presiding has a deliberative vote and, in the case of an equality of votes, a second or casting vote.\n\n(6) The person presiding at a meeting must ensure that accurate minutes of the meeting are kept.\n\n(7) Subject to this Act, the Foundation may regulate its own proceedings.\n\n\t10 Conflicts of interest\n\n(1) If—\n\n(a) a member has a personal interest (whether pecuniary or otherwise) in a matter being considered or about to be considered by the Foundation; and\n\n(b) the interest appears to raise a conflict of interest with the proper performance of the member's duties in relation to the consideration of the matter—\n\nthe member, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest at a meeting of the Foundation.\n\n1. 5 penalty units.\n\n\n(2) The person presiding at a meeting at which a declaration is made must cause a record of the declaration to be made in the minutes of the meeting.\n\n(3) After becoming aware of the conflict of interest in a matter—\n\n(a) unless the Foundation directs otherwise, the member must not be present during any deliberations on the matter; and\n\n(b) the member is not entitled to vote on the matter; and\n\n(c) if the member does vote, the vote must be disallowed.\n\n\t11 Validity of decisions\n\nAn act or decision of the Foundation is not invalid merely because of—\n\n(a) a defect or irregularity in, or in connection with, the appointment of a member; or\n\n(b) a vacancy in the office of a member.\n\n\t12 Executive Director and employees\n\n(1) The Foundation may appoint an Executive Director and any other employees that are necessary for the performance by the Foundation of its functions.\n\nS. 12(2) substituted by No. 15/2018 s. 57.\n\n(2) The Foundation may engage a person—\n\n(a) as a consultant on any terms and conditions that it thinks fit; or\n\n(b) who is employed under Part 3 of the **Public Administration Act 2004**,  under a secondment for the person's services by arrangement with a Department Head.\n\nPart 3—Transitional provisions and repeal\n\n\t13 Transitional provisions\n\n(1) On the day this Act commences—\n\n(a) a person holding office as a member of the Foundation immediately before that day ceases to hold that office; and\n\n(b) the person holding office as the President of the Foundation immediately before that day ceases to hold that office.\n\n(2) Despite the repeal of the **Victoria Law Foundation Act 1978**, section 6 of that Act continues to apply in respect to any thing done or omitted to be done before that repeal in the exercise or purported exercise of any power or duty conferred or imposed upon the Foundation or on any member or members of the Foundation.\n\n(3) The Foundation is the same body as the body corporate under the **Victoria Law Foundation Act 1978** despite the repeal of that Act and the change to its membership by this Act.\n\n\t14 Repeal of Victoria Law Foundation Act 1978\n\nThe **Victoria Law Foundation Act 1978** is **repealed**.\n\nS. 15 inserted by No. 19/2011 s. 8.\n\n\t15 Transitional provisions—Victoria Law Foundation Amendment Act 2011\n\n(1) Subject to this section, on and from the commencement of the **Victoria Law Foundation Amendment Act 2011**—\n\n(a) the Foundation is taken to be the same body as it was immediately before that commencement, despite any changes to the constitution and membership of the Foundation and no decision, matter or thing is to be affected because of those changes; and\n\n(b) the members of the Foundation remain in office on the terms and conditions on which they held office immediately before that commencement.\n\n(2) A person who was a member of the Foundation appointed by the Minister under section 7(1)(e) before the commencement of section 4 of the **Victoria Law Foundation Amendment Act 2011** continues to be a member of the Foundation until the expiry of his or her appointment unless one of the following occurs—\n\n(a) he or she resigns from office; or\n\n(b) he or she is removed from office by the Minister.\n\n(3) On and from the commencement of the **Victoria Law Foundation Amendment Act 2011**, the Foundation may consist of up to 3 members appointed by the Minister, where those members were appointed under section 7(1)(e) before that commencement, until the membership of one of the persons to whom subsection (2) applies ceases.\n\n(4) On and from the commencement of the **Victoria Law Foundation Amendment Act 2011**, the Foundation may consist of up to 7 members until the membership of one of the persons to whom subsection (2) applies ceases.\n\n(5) On and from the commencement of the **Victoria Law Foundation Amendment Act 2011**, the quorum of the Foundation is 4 members while the Foundation consists of all the members to whom subsection (2) applies.\n\n(6) A person who was the Chairperson of the Foundation appointed by the Minister under section 7(1)(a) before the commencement of the **Victoria Law Foundation Amendment Act 2011** continues to be the Chairperson of the Foundation on and from that commencement until the expiry of his or her appointment unless one of the following occurs—\n\n(a) he or she resigns from office; or\n\n(b) he or she is removed from office by the Minister on the request of the Chief Justice of the Supreme Court of Victoria.\n\nS. 16 inserted by No. 15/2018 s. 58.\n\n\t16 Transitional provisions—Justice Legislation Amendment (Access to Justice) Act 2018\n\n(1) Subject to this section, on and from the commencement of Part 9 of the **Justice Legislation Amendment** **(Access to Justice) Act 2018**—\n\n(a) the Foundation is taken to be the same body as it was immediately before that commencement, despite any changes to the constitution and membership of the Foundation and no decision, matter or thing is to be affected because of those changes; and\n\n(b) the members of the Foundation remain in office on the terms and conditions on which they held office immediately before that commencement.\n\n(2) A person who was a member of the Foundation appointed by the Minister under section 7(1)(b) before the commencement of Part 9 of the **Justice Legislation Amendment (Access to Justice) Act 2018** continues to be a member of the Foundation until the expiry of that person's appointment unless one of the following occurs—\n\n(a) the person resigns from office or otherwise ceases to hold office as member; or\n\n(b) the person is removed from office by the Minister.\n\n(3) Despite the amendment of section 7(1)(b) by Part 9 of the **Justice Legislation Amendment (Access to Justice) Act 2018**, the number of members of the Foundation appointed by the Minister may exceed 7 during the period of membership of a person referred to in subsection (2).\n\n(4) On and from the commencement of Part 9 of the **Justice Legislation Amendment (Access to Justice) Act 2018**, the Foundation may consist of more than 8 members until the membership of one of the persons to whom subsection (2) applies ceases.\n\n(5) Despite section 9(4), on and from the commencement of Part 9 of the **Justice Legislation Amendment (Access to Justice) Act 2018**, the quorum of the Foundation is 5 members if subsection (4) applies.\n\n(6) The Chairperson of the Foundation under section 7(4) immediately before the commencement of Part 9 of the **Justice Legislation Amendment (Access to Justice) Act 2018** continues to be the Chairperson of the Foundation on and from that commencement until the expiry of that appointment unless one of the following occurs—\n\n(a) if the Chairperson is the Chief Justice, the Chief Justice resigns or otherwise ceases to hold office as Chief Justice; or\n\n(b) if the Chief Justice has nominated a person under section 7(1)(a)(ii), that person—\n\n(i) resigns from office or otherwise ceases to hold office; or\n\n(ii) is removed from office by the Chief Justice; or\n\n(iii) is removed under section 8A(1)(b).\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\n *Minister's second reading speech—*\n\n *Legislative Assembly: 26 June 2008*\n\n *Legislative Council: 21 August 2008*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide for the continuation of the Victoria Law Foundation and to repeal the **Victoria Law Foundation Act 1978** and for other purposes.\"\n\nThe **Victoria Law Foundation Act 2009** was assented to on 24 March 2009 and came into operation on 1 July 2009: section 2(2).\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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section 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 an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Victoria Law Foundation Act 2009** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Victoria Law Foundation Amendment Act 2011, No. 19/2011**\n\n| Assent Date: | 31.5.11 |\n| --- | --- |\n| Commencement Date: | Ss 4–8 on 23.6.11: Special Gazette (No. 193) 21.6.11 p. 1 |\n| Current State: | All of Act in operation |\n\n\n**Associations Incorporation Reform Act 2012, No. 20/2012**\n\n| Assent Date: | 1.5.12 |\n| --- | --- |\n| Commencement Date: | S. 226(Sch. 5 item 24) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Victoria Law Foundation Act 2009** |\n\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| *Assent Date:* | 25.3.14 |\n| --- | --- |\n| *Commencement Date:* | S. 160(Sch. 2 item 104) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Victoria Law Foundation Act 2009** |\n\n\n**Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018**\n\n| Assent Date: | 29.5.18 |\n| --- | --- |\n| Commencement Date: | Ss 49–58 on 1.7.18: Special Gazette (No. 284) 19.6.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Victoria Law Foundation Act 2009** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\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":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears consistent with its original intent — to reconstitute and provide a statutory footing for the Victoria Law Foundation. The consolidated version reflects minor amendments but no evidence of significant scope creep or departure from the founding purpose of promoting legal education and community access to legal information in Victoria."},"complexity_factors":["Relatively narrow and focused scope — establishing a single statutory body rather than creating broad regulatory frameworks","Standard governance provisions (board composition, meetings, accountability) that follow familiar Victorian government entity templates","Limited technical legal definitions or cross-references to complex regulatory schemes","Consolidated version indicates some amendments have been made, adding minor interpretive complexity","Financing and accountability provisions require some understanding of Victorian public finance law, but are not deeply technical"],"plain_english_summary":"The Act creates the Victoria Law Foundation, a government-established body to promote legal education and access to plain‑English legal information for Victorians. It sets up the Foundation as a legal entity, defines its purpose, governance and funding, and makes it accountable to the government.\n\nIt matters because it funds programs, publications and grants that help the public, legal professionals and community organisations better understand and use the law."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Since replacing the 1978 Act the 2009 Act (and later amendments) broadened and clarified the Foundation’s remit and governance. It adds an explicit object to improve community knowledge of the justice system (s4A), expands and specifies functions including data, assessment and plain-language education and grant-making (s5), increases delegation and staffing flexibilities (s6(3), s12), and altered board composition to include nominations from additional bodies (s7(2)(ca),(cb)). Transitional provisions preserve continuity while membership rules adjust (ss13–16)."},"complexity_factors":["Mixed appointment model: combination of ex officio Chair (Chief Justice or nominee) and seven ministerial appointees with several seats filled by nomination from external bodies (Law Institute, Victorian Bar, Federation of Community Legal Centres, Board of Victoria Legal Aid, Courts Council) — creates multi-stakeholder representation and appointment interdependencies (s7).","Variable member terms and removal powers: standard 3-year ministerial terms, re‑appointment allowed, but Chief Justice’s nominee serves at Chief Justice’s pleasure and may be removed by the Chief Justice — adds differing tenure rules and removal authorities (ss8, 8A).","Delegation and staffing flexibility: Foundation may appoint an Executive Director, employees, consultants and secondees and may delegate investment and fund-management powers to them — increases administrative discretion (s12, s6(3)).","Broad corporate and financial powers: authority to create trust funds, administer endowment/reserve funds, invest, obtain overdrafts, charge fees and make grants — requires financial governance and risk management (s6).","Conflict-of-interest and meeting rules: mandatory disclosure, exclusion from deliberations and vote disallowance with an express small penalty — introduces compliance obligations for members (s10).","Transitional and amendment layering: multiple transitional provisions preserving continuity and temporarily altering quorum/member counts during amendment phases — complicates change management (ss13–16).","Multiple legislative amendments: Act has been amended several times (notably 2011 and 2018) which adjusted object, functions, membership and delegation — increases interpretive complexity and cross-referencing needs (table of amendments; ss4A,5,7).","Quorum and procedural variations: standard quorum set at 4 but can vary during transitional periods (up to 5) when membership temporarily exceeds standard size — affects meeting validity (s9(4); s16(5))."],"plain_english_summary":"This Act continues the Victoria Law Foundation as a statutory corporation, gives it an explicit object to improve community knowledge about the Victorian justice system, and empowers it to research, educate, make grants, publish, invest funds and charge fees. \n\nIt establishes an appointed board chaired by the Chief Justice (or the Chief Justice’s nominee), sets member selection and term rules, conflict-of-interest and meeting procedures, staffing and delegation powers, and transitional arrangements replacing the 1978 Act."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 2009 purpose of simply continuing the Foundation and updating its governance. The 2011 amendments restructured membership (removing the President position, adding the Chief Justice's nominee structure). The 2018 amendments substantially expanded the Foundation's mission from general 'community legal education' to a broader 'access to justice' focus with specific research functions, data analysis, and grants administration. The membership expanded from 6 to 8 members with new nominating bodies (Victoria Legal Aid and Courts Council), and new skill requirements were added for research and statistics expertise. The object clause (s 4A) and functions (s 5) were completely rewritten in 2018, shifting from educational activities to a research and evidence-based policy role."},"complexity_factors":["Multiple amendment layers (2011, 2012, 2014, 2018) creating fragmented text with insertion/repeal notes throughout","Complex membership appointment structure with 6 different nominating bodies and specific skill requirements for 2 ministerial appointees","Transitional provisions spanning three different amending Acts (2009, 2011, 2018) with overlapping membership continuity rules","Dual governance tracks for Chief Justice's nominee vs other members (sections 8 and 8A)","Conditional quorum rules that change based on transitional membership numbers (4 normally, 5 during certain transition periods)","Cross-references to external legislation (Legal Aid Act, Court Services Victoria Act, Public Administration Act, Corporations Act, Banking Act)","8 defined terms in interpretation section, including nested definitions for 'lawyer' and 'judicial office'"],"plain_english_summary":"This Act establishes and governs the **Victoria Law Foundation**, an independent body that works to improve how Victorians understand and access the justice system.\n\n**What the Foundation does:**\n- **Research**: Conducts and funds studies on the justice system, particularly on access to justice, legal services, and civil justice. This includes collecting data and measuring how well the system works.\n- **Education**: Teaches the community about the law and legal system, and trains lawyers on access to justice issues like using plain language.\n- **Grants**: Funds projects by other organisations that align with its goals.\n- **Publishing**: Produces or subsidises publications related to its work.\n\n**How it's run:**\n- The Foundation is a **body corporate** (a legal entity that can own property, sue, and be sued) with 8 board members.\n- **Membership**: One member is the Chief Justice of Victoria (or their nominee), and seven are appointed by the Minister. These include representatives nominated by major legal bodies (Law Institute, Victorian Bar, community legal centres, Victoria Legal Aid, and Courts Council), plus two members with specific expertise in areas like management, finance, or research.\n- At least four members must be **lawyers** (including judges, barristers, and solicitors).\n- Members serve 3-year terms (except the Chief Justice's nominee, who serves at the Chief Justice's discretion).\n\n**Key rules:**\n- Members must declare **conflicts of interest** (personal stakes in decisions) and can't vote on those matters.\n- The Foundation can employ staff, engage consultants, invest money, and charge fees for its services.\n- It replaced and repealed the older **Victoria Law Foundation Act 1978**, but remains the same legal entity for continuity purposes.\n\n**Why it matters:**\nThe Foundation bridges the gap between the legal system and the public, ensuring ordinary Victorians can better understand their rights and navigate the courts. It also helps identify systemic problems in the justice system through research and data analysis."}},"importantCases":[],"_links":{"self":"/api/acts/victoria-law-foundation-act-2009","history":"/api/acts/victoria-law-foundation-act-2009/history","analysis":"/api/acts/victoria-law-foundation-act-2009/analysis","conflicts":"/api/acts/victoria-law-foundation-act-2009/conflicts","importantCases":"/api/acts/victoria-law-foundation-act-2009/important-cases","documents":"/api/acts/victoria-law-foundation-act-2009/documents"}}