County Court Act 1958

3A Abolition of distinction between court and chambers 16

3B Judge may exercise jurisdiction of court 16

3BA Associate judge may exercise jurisdiction of court 16

3C Saving provision 17

Part I—Court judges officers counsel and practitioners 18

Division 1—Establishment of the County Court and sittings 18

4 Establishment of the County Court 18

4AA Establishment of Drug Court Division 19

4AAB Adjournment of proceeding to Drug Court Division 20

4A Establishment of Koori Court Division 21

4B Jurisdiction of Koori Court Division 22

4C Dealing with proceedings for certain offences 22

4D Hearing certain appeals 23

4DA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court 23

4E Circumstances in which Koori Court Division may deal with proceedings for certain offences or hear certain appeals 24

4EA Certain matters may be dealt with by Koori Court Division only in certain venues 25

4F Proceedings may be transferred to and from the Koori Court Division 26

4G Sentencing procedure in Koori Court Division 26

5 Where court to be held 27

5B Construction of references 28

6 Seal of the court 28

6A Court may issue or transmit court documents electronically 29

Division 2—Time and place for holding court 30

7 Where court held and days of sitting 30

Division 3—Judges 31

8 Appointment and qualification of judges 31

8AA Resignation by Chief Judge who is dual commission holder 34

8AAB Deputy Chief Judge 34

8AAC Deputy Chief Judge acting as Chief Judge 35

8AAD Duties of Deputy Chief Judge 35

8A Entry into part-time service arrangement 36

8B Variation of part-time service arrangement 36

8C Suspension of part-time service arrangement 37

8D Termination of part-time service arrangement 37

8E Administrative responsibility of Chief Judge 38

9A Protection of judges and associate judges 38

10 Salaries, allowances and conditions of service of the Chief Judge, Deputy Chief Judge and other judges 39

12 Appointment of reserve judges 47

12A Cessation of office 47

12B Chief Judge may engage reserve judge to undertake duties of judge of the court 48

12C Powers, jurisdiction, immunities and protection of reserve judge 49

12D Pension rights and service not affected by being a reserve judge 49

12E Engaging in legal practice or other paid employment 49

12F Salary, allowances and other conditions of service of reserve judge 50

12G Appropriation of certain amounts in relation to reserve judges 51

12H Power to complete matters—judges and reserve judges 51

13 Judges not to engage in legal practice or sit in Parliament 54

13A Judges and associate judges serving under part-time service arrangement not to engage in legal practice or other paid employment 54

14 Provision for pensions to County Court judges and their partners 55

14AAA Effect of part-time service arrangement on judicial pensions 72

14AA Election of County Court judges to commute future pensions for payment of superannuation contributions surcharge 74

14AB Actuary's first calculation after election of judges to commute pensions 74

14AC Actuary's second calculation after election of the judges to commute pensions and payment of lump sums 76

14AD Election of former judges to commute pensions for payment of superannuation contributions surcharge 77

14AE Actuary's calculation after former judges' election to commute pensions 78

14AF Payment and commutation of pensions of former judges 79

14AG Election of judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge 80

14AH Actuary's calculation of reduction of pensions of judges' partners and eligible children 81

14AI Payment and commutation of pensions of former judges' partners and eligible children 82

14A Appointment of judicial members of Liquor Control Commission as judges 83

15 Power to exercise functions of judge or associate judge by another and constitution of court in certain circumstances 83

17 Appointment of judges temporarily or during pleasure valid 84

Division 3AA—Professional development and training 85

17AAA Professional development and training 85

Division 3A—Associate judges 86

17A Associate judges 86

17ABA Functions of associate judges 87

17AA Salaries, allowances and conditions of service of associate judges 88

17B Pension entitlements of associate judges, their partners and children 91

17BA Effect of part-time service arrangement on pensions of associate judges 97

17C Election of associate judges to commute future pensions for payment of superannuation contributions surcharge 99

17D Actuary's first calculation after election of associate judges to commute pensions 100

17E Actuary's second calculation after election of associate judges to commute pensions and payment of lump sums 102

17F Election of former associate judges to commute pensions for payment of superannuation contributions surcharge 103

17G Actuary's calculation after former associate judges' election to commute pensions 104

17H Payment and commutation of pensions of former associate judges 105

17I Election of associate judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge 106

17J Actuary's calculation of reduction of pensions of associate judges' partners and eligible children 107

17K Payment and commutation of pensions of former associate judges' partners and eligible children 108

Division 3AB—Reserve associate judges 109

17KA Appointment of reserve associate judges 109

17KB Cessation of office 110

17KC Chief Judge may engage reserve associate judge to undertake duties of associate judge 110

17KD Powers, jurisdiction, immunities and protection of reserve associate judge 111

17KE Pension rights and service not affected by being a reserve associate judge 111

17KF Engaging in legal practice or other paid employment 111

17KG Salary, allowances and conditions of service of reserve associate judges 112

17KH Appropriation of certain amounts in relation to reserve associate judges 113

17KI Power to complete matters—associate judges and reserve associate judges 114

Division 3B—Judicial registrars 116

17L Assignment of duties 116

17M Guidelines relating to the appointment of judicial registrars 116

17N Recommendation for appointment of judicial registrars 117

17O Appointment by Governor in Council 117

17P Remuneration and terms and conditions of appointment 118

17PA Oath or affirmation of office 120

17Q Resignation from office 120

17U Performance of duties by judicial registrar 121

17V Appeal from or review of determination of court constituted by judicial registrar 121

Division 4—Registrars 122

18 Appointment of registrar and deputy registrars 122

19 Protection of registrars 123

21 Duties of registrar 124

21A Moneys held under Act may be invested 125

22 Power to registrar to administer oaths and affirmations 126

Division 4A—Aboriginal elders and respected persons 127

22A Appointment of Aboriginal elders or respected persons 127

Division 5—Bailiffs 128

23 Appointment of bailiffs and assistant bailiffs of County Court 128

24 Bailiff's duty 129

Division 6—Registrars, bailiffs and other officers 130

25 Penalty on officers for corrupt practices 130

26 Registrar and bailiff to be distinct persons and not to act as legal practitioner 130

27 Registrar and bailiff to give security 131

Division 7—Court fees 132

28A Exemption from court fees 132

Division 8—Proceedings against officers 132

29 Proceedings against registrars etc. 132

30 Proceedings against bailiffs etc. 133

32 Protection to bailiffs etc. 134

Division 9—Legal practitioners—costs 134

33 Fees to legal practitioners to be fixed by the judges 134

34 Power to recover excessive fees 135

Part II—Jurisdiction 136

Division 1—Sittings of the court 136

35 Court of record 136

36 Proceedings arising outside Victoria 136

36AA Court may determine matter or proceeding without oral hearing 137

Division 1A—Criminal jurisdiction 138

36A Criminal jurisdiction of County Court 138

Division 2—Civil jurisdiction 139

37 Extent of jurisdiction 139

39 Whether proceedings within jurisdictional limit 141

39A Agreements by next friend etc. on behalf of infants 142

Division 2A—Administration of children's funds 145

39B Court orders relating to administration of children's funds 145

Division 2B—Transfer and payment of money to the Supreme Court for person under disability 147

39C Money held in court for person under disability 147

Division 3—Officers of the court 148

40 Officers of the court 148

Division 6—Arbitration, mediation, and reference for inquiry 149

46 Arbitration by agreement 149

47 Arbitration 150

47A Power to refer civil proceedings to mediation or arbitration 151

47B Mediation 151

48 Power to refer matters for inquiry and report 151

48A Assessor 151

48B Opinion of legal practitioner 152

48C Protection of special referees, mediators and arbitrators 152

48CA Protection of assessors 153

48D Interaction with Civil Procedure Act 2010 153

Division 7—Power to grant relief 153

49 Power of court 153

49A Attachment of earnings 154

49B Execution of instruments by order of court 154

50 Rules of law to apply to County Court 155

51 Counter-claims in County Court and transfers therefrom 155

52 Facts necessary to give jurisdiction need not appear upon any civil proceeding 155

53 Mode of enforcing orders 156

Division 7A—Appellate jurisdiction 156

53A Appellate jurisdiction of County Court 156

Division 8—Contempt of court 157

54 Contempt of court 157

Division 9—Costs where no jurisdiction 158

55 Court may award costs where action or matter is struck out for want of jurisdiction 158

Part V—Trial of civil proceedings 159

65 Trial to be by judge 159

66 Judge may reserve his decision 159

67 Trial may be by judge and jurors if required 160

68 Judge may direct trial by jurors 160

70 Verdict of jurors 161

72 Jury may be had on re-hearing of County Court proceeding in Supreme Court 161

Part VI—Judgment, new trial and appeal 163

73 Judgments to be final 163

74 Appeal to the Court of Appeal 164

75 Appeal from court constituted by associate judge to Trial Division of the Supreme Court 166

76 Court may reserve question for opinion of the Court of Appeal 167

77 Prerogative writ 167

Part VII—Rules, forms, scales of costs, regulations 168

78 Power to make rules of practice 168

78A Costs 176

79A Regulations 177

Part VIII—Miscellaneous 181

80A Publishing particulars of issued summonses an offence 181

82 No privilege to exempt persons from provisions of Act 182

83 Certain actions in Supreme Court to be stayed 182

84 Securities for money, marketable securities etc. seized under warrant 183

86 Transfer of judgment to Supreme Court 184

87 Council of Judges 185

88 Robing of Judges 186

89 Transitional provisions 186

90 Transitional provision—reserve judges 186

91 Transitional provisions—Courts Legislation (Jurisdiction) Act 2006 187

92 Transitional provisions—Courts Legislation Amendment (Associate Judges) Act 2008 187

93 Transitional provision—County Court Amendment (Koori Court) Act 2008 188

94 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 188

95 Transitional provision—Courts and Sentencing Legislation Amendment Act 2012 188

96 Transitional provisions—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 189

98 Savings—Open Courts Act 2013 190

99 Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013 190

100 Transitional provision—Justice Legislation Further Amendment Act 2016 191

101 Transitional provision—Justice Legislation Further Amendment Act 2016 191

102 Transitional provisional—Family Violence Protection Amendment Act 2017 192

103 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 192

104 Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020 193

105 Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020 193

Schedules 194

First Schedule 194

Endnotes 195

1 General information 195

2 Table of Amendments 197

3 Explanatory details 216

Version No. 184

County Court Act 1958

No. 6230 of 1958

Version incorporating amendments as at

An Act to consolidate the Law relating to the County Court.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

S. 1
amended by Nos 6951 s. 2, 7705 s. 9(a)(i)(ii), 7840 s. 19(a), 8883 s. 4(2)(a)(b), 9019 s. 2(1)(Sch. item 30), 10013 s. 2, 16/1986 s. 16(f).

1 Short title and commencement

This Act may be cited as the County Court Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2 Repeals

(1) The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under either of the repealed Acts or existing or continuing under either of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order validation application determination decision direction certificate appointment commission notice fee liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under either of such Acts before the commencement of this Act; nor shall such repeal prejudice or affect the operation or effect of subsection (3) to (6) of section two of the County Court (Amendment) Act 1952, or of subsections (2) and (4) of section four or subsection (4) of section eight of the County Court Act 1957.

No. 6117 s. 3.

S. 3
amended by No. 19/1989 s. 5(a)(b)(j).

3 Definitions

(1) In this Act, unless the context or subject-matter otherwise requires—

S. 3(1) def. of Aboriginal elder or respected person inserted by No. 51/2008 s. 4.

Aboriginal elder or respected person means a person who holds office as an Aboriginal elder or respected person under section 22A;

S. 3(1) def. of Aborigine inserted by No. 51/2008 s. 4.

Aborigine means a person who—

(a) is descended from an Aborigine or Torres Strait Islander; and

(b) identifies as an Aborigine or Torres Strait Islander; and

(c) is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

S. 3(1) def. of action amended by Nos 7705 s. 9(b)(i), 9007 s. 2(a)(i), substituted by No. 16/1986 s. 11(1)(a), repealed by No. 19/1989 s. 5(c).

S. 3(1) def. of actuary inserted by No. 19/2001 s. 11.

actuary means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;

S. 3(1) def. of appropriate dispute resolution inserted by No. 47/2010 s. 83(b).

appropriate dispute resolution has the same meaning as it has in the Civil Procedure Act 2010;

S. 3(1) def. of associate judge
inserted by No. 24/2008 s. 43(a), amended by No. 63/2013 s. 26(a).

associate judge means a person appointed under section 17A and, subject to this Act, and unless the context otherwise requires, includes a reserve associate judge engaged under section 17KC to perform the duties of an associate judge during any period of engagement or acting under section 17KI;

S. 3(1) def. of Australian lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 25.1), repealed by No. 17/2014 s. 160(Sch. 2 item 26.1(a)).

S. 3(1) def. of Chief Judge inserted by No. 8625 s. 2(b), amended by Nos 16/1986 s. 11(1)(b), 31/2021 s. 12(a).

Chief Judge means Chief Judge of the County Court and includes an Acting Chief Judge or the Deputy Chief Judge acting as Chief Judge;

S. 3(1) def. of Chairman repealed by No. 8625 s. 2(a).

S. 3(1) def. of counsel repealed by No. 35/1996
s. 453(Sch. 1 item 15.1).

court means the County Court;

S. 3(1) def. of Deputy Chief Judge inserted by No. 31/2021 s. 12(c).

Deputy Chief Judge means a person appointed as Deputy Chief Judge under section 8AAB;

S. 3(1) def. of excluded judicial officer inserted by No. 63/2013 s. 65, amended by No. 31/2021 s. 12(b).

excluded judicial officer means—

(a) the Chief Judge;

(ab) the Deputy Chief Judge;

(b) the State Coroner;

(c) the President of the Children's Court;

S. 3(1) def. of family member inserted by No. 51/2008 s. 4.

family member has the meaning given by section 3AAB;

S. 3(1) def of judge amended by Nos 8625 s. 2(c), 24/2008 s. 43(b), 5/2013 s. 22(1), 63/2013 s. 26(b).

judge means a judge of the court, and includes the Chief Judge and, subject to this Act, and unless the context otherwise requires, a reserve judge engaged under section 12B to undertake the duties of a judge during any period of engagement or acting under section 12H but does not include an associate judge or a reserve associate judge;

S. 3(1) def. of Judge of the Supreme Court inserted by No. 3/2016 s. 24.

Judge of the Supreme Court means a person referred to in section 75(3)(d) of the Constitution Act 1975;

S. 3(1) def. of judgment repealed by No. 19/1989 s. 5(c).

S. 3(1) def. of judicial registrar inserted by No. 34/2010 s. 28(1).

judicial registrar means a judicial registrar of the County Court appointed under Division 3B of Part I;

S. 3(1) def. of judicial resolution conference inserted by No. 50/2009 s. 7, amended by No. 34/2010 s. 28(2), substituted by No. 47/2010 s. 83(a).

judicial resolution conference has the same meaning as it has in the Civil Procedure Act 2010;

S. 3(1) def. of jurisdictional limit
inserted by No. 16/1986 s. 11(2), substituted by Nos 16/1986 s. 12, 64/1990 s. 13, amended by No. 43/1991 s. 39, repealed by No. 50/2006 s. 3(1).

S. 3(1) def. of Koori Court Division inserted by No. 51/2008 s. 4.

Koori Court Division means the division of the court established under section 4A;

S. 3(1) def. of Koori Court officer inserted by No. 51/2008 s. 4.

Koori Court officer means a person who—

(a) is employed under Part 3 of the Public Administration Act 2004; and

(b) exercises powers, or performs functions, in relation to the Koori Court Division of the court;

S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 25.1), amended by No. 17/2014 s. 160(Sch. 2 item 26.1(b)).

legal practitioner means an Australian legal practitioner;

S. 3(1) def. of matter amended by Nos 7705 s. 9(b)(ii), 9007 s. 2(a)(ii), repealed by No. 19/1989 s. 5(c).

S. 3(1) def. of part-time service arrangement inserted by No. 63/2013 s. 65.

part-time service arrangement means an arrangement entered under section 8A;

S. 3(1) def. of party amended by No. 19/1989 s. 5(d).

party includes a party to a civil proceeding and every person served with notice thereof or attending on the hearing of the same although not named as a party thereto and includes a body politic or corporate;

S. 3(1) def. of pleading inserted by No. 10117 s. 5(a), repealed by No. 19/1989 s. 5(e).

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 34.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of practitioner repealed by No. 35/1996
s. 453(Sch. 1 item 15.1).

S. 3(1) def. of proceeding inserted by No. 19/1989 s. 5(f).

proceeding means any matter in the court;

S. 3(1) def. of registrar amended by No. 19/1989 s. 5(g).

registrar means the registrar or a deputy registrar of the County Court;

S. 3(1) def. of reserve associate judge inserted by No. 63/2013 s. 26(c).

reserve associate judge means a person appointed under section 17KA;

S. 3(1) def. of reserve judge inserted by No. 5/2013 s. 22(2).

reserve judge means a person appointed under section 12;

S. 3(1) def. of Rules substituted by No. 19/1989 s. 5(h).

Rules means the Rules of Court made by the judges of the court whether under the powers conferred by this Act or otherwise;

S. 3(1) def. of Secretary
to the Department
of Health inserted by No. 29/2010 s. 54(1).

Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

S. 3(1) def. of subordinate instrument inserted by No. 19/1989 s. 5(i).

subordinate instrument has the same meaning as in section 3 of the Interpretation of Legislation Act 1984.

S. 3(1) def. of super-annuation contributions surcharge inserted by No. 19/2001 s. 11.

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. 3(1) def. of super-annuation contributions surcharge notice inserted by No. 19/2001 s. 11.

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;

S. 3(1) def. of total pension entitlement inserted by No. 19/2001 s. 11.

total pension entitlement means, on a particular day, the current value of all future pension payments on that day.

S. 3(2) inserted by No. 19/1989 s. 5(j).

(2) In this or any other Act or enactment or in any subordinate instrument or other instrument a reference to a rule or decree of the Court is to be taken as a reference to an order of the court.

S. 3(3) inserted by No. 19/1989 s. 5(j).

(3) If by this or any other Act or enactment or by any subordinate instrument or other instrument a procedure is prescribed for or in relation to any proceeding in the court or for or in relation to any step or process in such a proceeding and the County Court Rules of Procedure in Civil Proceedings 1989 prescribe a procedure that is applicable to such a proceeding or step or process, the procedure prescribed by those Rules applies despite the provisions of that Act, enactment, subordinate instrument or other instrument.

S. 3(4) inserted by No. 19/1989 s. 5(j).

(4) A proceeding to which the County Court Rules of Procedure in Civil Proceedings 1989 apply must, despite anything in any Act or enactment, be commenced and conducted in accordance with those Rules and not otherwise.

S. 3(5) inserted by No. 19/1989 s. 5(j).

(5) A judgment in any civil proceeding must be enforced in accordance with the County Court Rules of Procedure in Civil Proceedings 1989 and not otherwise.

S. 3AA inserted by No. 23/2008 s. 9.

3AA Definitions relating to pensions

S. 3AA(1) amended by No. 63/2013 s. 66.

(1) For the purposes of section 14 and section 14AAA—

approved deposit fund has the meaning given by section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

S. 3AA(1) def. of domestic partner substituted by No. 23/2008 s. 23(1), amended by No. 4/2009 s. 37(Sch. 1 item 8.1).

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

(b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);

eligible rollover fund means a fund within the meaning of section 242 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

eligible superannuation plan means—

(a) a regulated superannuation fund; or

(b) an approved deposit fund; or

(c) an exempt public sector superannuation scheme; or

(d) an RSA;

exempt public sector superannuation scheme means a public sector superannuation scheme within the meaning of section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

flag lifting agreement has the meaning given by section 90MN of the Family Law Act 1975 of the Commonwealth;

flagging order means an order mentioned in section 90MU(1) of the Family Law Act 1975 of the Commonwealth;

interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

member means a judge;

member spouse, in relation to a superannuation interest, means the spouse who has the superannuation interest;

non-member spouse, in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest;

partner substituted by No. 40/2010 s. 107.

partner of a person means the person's spouse or domestic partner;

payment flag has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

regulated superannuation fund means a superannuation fund which complies with section 19 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

relevant condition of release means a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;

reversionary interest has the meaning given by section 90MF of the Family Law Act 1975 of the Commonwealth;

RSA means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;

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;

spouse amended by No. 38/2009 s. 20(1)(a).

spouse of a person (except in sections 14(7) to 14(21)) means a person to whom the person is, or was at the time of the person's death, married;

super-annuation agreement amended by No. 38/2009 s. 20(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;

value of the member spouse's interest in the Fund means the value as determined in accordance with Part 5 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth.

S. 3AA(1A) inserted by No. 38/2009 s. 20(2), amended by No. 38/2017 s. 79(1).

(1A) For the purposes of sections 14(7) to 14(21), spouse has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth.

S. 3AA(2) substituted by No. 23/2008 s. 23(2).

(2) For the purposes of the definition of domestic partner in subsection (1)—

S. 3AA(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 8.2(a)).

(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and

S. 3AA(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 8.2(b)).

(b) in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(3) For the purposes of section 14, a reference to the transfer of an amount is to be construed as including a reference to the rollover of an amount.

S. 3AAB inserted by No. 51/2008 s. 5.

3AAB Meaning of family member for purposes of Koori Court Division

(1) In sections 4A and 4G, family member of a person means—

(a) the spouse or domestic partner of the person; or

(b) a person who has, or has had, an intimate personal relationship with the person; or

(c) a person who is, or has been, a relative of the person; or

(d) a child who normally or regularly resides with the person; or

(e) a child of whom the person is a guardian; or

(f) another person who is, or has been, ordinarily a member of the household of the person.

(2) For the purposes of the definition of family member in subsection (1)—

S. 3AAB(2)(a) substituted by No. 51/2008 s. 10(1).

(a) domestic partner of a person means—

(i) a person who is in a registered relationship with the person; or

(ii) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(A) for fee or reward; or

(B) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

(b) parent of a child includes a guardian of the child or a person with whom the child normally or regularly resides;

(c) relative of a person means—

(i) a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law of the person; or

(ii) a son, daughter, grandson, granddaughter, step-son, step-daughter, son-in-law or daughter-in-law of the person; or

(iii) a brother, sister, half-brother, half-sister, brother-in-law or sister-in-law of the person; or

(iv) an uncle, aunt, uncle-in-law or aunt-in-law of the person; or

(v) a nephew or niece of the person; or

(vi) a cousin of the person—

and includes, in the case of domestic partners, a person who would be such a relative if the domestic partners were married to each other;

(d) spouse of a person means a person to whom the person is, or was, married.

S. 3AAB(3) substituted by No. 51/2008 s. 10(2).

(3) For the purposes of the definition of domestic partner in subsection (2)—

(a) registered relationship has the same meaning as in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c) a person is not a domestic partner of another person only because they are co-tenants.

S. 3A

3A Abolition of distinction between court and chambers

The distinction between court and chambers is abolished.

S. 3B

3B Judge may exercise jurisdiction of court

Any judge of the court may exercise at any time and place all the jurisdiction vested in the court.

S. 3BA inserted by No. 24/2008 s. 44.

3BA Associate judge may exercise jurisdiction of court

Subject to this Act, any other Act and the Rules an associate judge may exercise at any time and place all the jurisdiction vested in the court.

S. 3C

3C Saving provision

The amendments made to this or any other Act by the County Court (Amendment) Act 1989 do not affect any ministerial power exercisable by a judge of the court under this or that other Act.

Part I—Court judges officers counsel and practitioners

Pt 1 Div. 1 (Heading) amended by No. 19/1989 s. 7(a).

Division 1—Establishment of the County Court and sittings

No. 6117 s. 4.

4 Establishment of the County Court

S. 4(1) amended by No. 7705 s. 2, substituted by No. 16/1986 s. 11(3), amended by No. 19/1989 s. 7(b).

(1) A court shall be held in and for the State of Victoria styled "The County Court" for the trial of offences and the trial and determination of all appeals, applications, claims, disputes and other proceedings both criminal and civil both at law and in equity as are by this or any other Act enacted to fall into and be within the jurisdiction of the court.

S. 4(1A) inserted by No. 16/1986 s. 11(3), amended by Nos 19/1989 s. 7(c), 24/2008 s. 45(1), 34/2010 s. 29(1).

(1A) The court consists of such number of judges as are from time to time appointed as provided by this Act, the associate judges of the court, the judicial registrars of the court and the registrar of the court.

S. 4(1B) inserted by No. 16/1986 s. 11(3), amended by No. 24/2008 s. 45(2).

(1B) The court shall be held by and before a judge or, in the case of any matter with respect to which the jurisdiction of the court has been conferred upon an associate judge or a registrar by any Act or by the Rules of Court, by and before a judge, an associate judge or a registrar.

S. 4(1C) inserted by No. 16/1986 s. 11(3), repealed by No. 19/1989 s. 7(d), new s. 4(1C) inserted by No. 34/2010 s. 29(2).

(1C) Without limiting subsection (1B), the court may be constituted by a judicial registrar in the case of a proceeding for which provision is made by Rules for—

(a) the court to be so constituted; and

(b) the delegation to judicial registrars of powers of the court to hear and determine such a matter or proceeding.

S. 4(2) amended by No. 7522 s. 3(1)(a), substituted by No. 19/1989 s. 7(e).

(2) Subject to the Rules, the court may sit and act at any time and place.

S. 4(3) inserted by No. 7522 s. 3(1)(b), repealed by No. 19/1989 s. 7(e).

S. 4AA inserted by No. 43/2020 s. 3.

4AA Establishment of Drug Court Division

(1) The court has a Drug Court Division.

(2) The Drug Court Division has such of the powers of the court as are necessary to enable it to exercise its jurisdiction.

(3) Despite section 4(1B), the Drug Court Division shall only be constituted by a judge who has been assigned to that Division by the Chief Judge by notice published in the Government Gazette.

(4) Nothing in subsection (3) prevents the Drug Court Division being held by and before an associate judge in accordance with section 4(1B).

(5) Nothing in subsection (3) prevents the Drug Court Division being constituted by a judicial registrar in accordance with section 4(1C).

(6) The operation of sections 3B and 3BA is subject to this section.

(7) Despite anything to the contrary in this Act, the Drug Court Division may only sit and act at a venue of the court specified by the Chief Judge by notice published in the Government Gazette.

(8) The Drug Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the court permit.

S. 4AAB inserted by No. 43/2020 s. 3.

4AAB Adjournment of proceeding to Drug Court Division

(1) The court, at any time before taking a formal plea from the accused in a criminal proceeding that is not in the Drug Court Division, may adjourn the proceeding to the Drug Court Division at that or another venue if—

(a) it appears to the court that the accused might be eligible for a drug and alcohol treatment order if convicted of the offence by the Drug Court Division; and

(b) the usual place of residence of the accused (if the accused has one) is within a postcode area specified, in relation to the venue at which the Drug Court Division sits and acts, by the Minister by notice published in the Government Gazette; and

(c) the accused consents to the court doing so.

(2) Despite subsection (1), the court must not adjourn to the Drug Court Division an appeal under Part 6.1 of the Criminal Procedure Act 2009.

S. 4AAB(3) amended by No. 12/2024 s. 62.

(3) Despite subsection (1), the court must not adjourn a proceeding to the Drug Court Division after the fifth anniversary of the commencement of section 3 of the Justice Legislation Amendment (Drug Court and Other Matters) Act 2020.

S. 4A inserted by No. 51/2008 s. 6.

4A Establishment of Koori Court Division

(1) The court has a Koori Court Division.

(2) The Koori Court Division has such of the powers of the court as are necessary to enable it to exercise its jurisdiction.

(3) Despite anything to the contrary in this Act, the Koori Court Division may only sit and act at a place of the court specified by the Chief Judge by notice published in the Government Gazette.

S. 4A(4) amended by No. 51/2008 s. 10(3).

(4) The operation of sections 3B and 3BA is subject to this section.

(5) The Koori Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the court permit.

(6) The Koori Court Division must take steps to ensure that, so far as practicable, any proceeding before it is conducted in a way which it considers will make it comprehensible to—

S. 4A(6)(a) amended by No. 68/2009 s. 97(Sch. item 35.1).

(a) the accused; and

S. 4A(6)(b) amended by No. 68/2009 s. 97(Sch. item 35.1).

(b) a family member of the accused; and

(c) any member of the Aboriginal community who is present in court.

(7) Subject to this Act, the regulations and the rules, the Koori Court Division may regulate its own procedure.

S. 4B inserted by No. 51/2008 s. 6.

4B Jurisdiction of Koori Court Division

The Koori Court Division has—

(a) jurisdiction to deal with a proceeding for an offence given to it by section 4C; and

S. 4B(b) amended by Nos 68/2009 s. 97(Sch. item 35.2), 26/2012 s. 13(1).

(b) jurisdiction to deal with a contravention of a sentence imposed by it (including any offence constituted by such a contravention) or variation of such a sentence, in the circumstances set out in section 4DA; and

S. 4B(ba) inserted by No. 26/2012 s. 13(2).

(ba) jurisdiction to deal with a contravention of a sentence imposed by the County Court (including any offence constituted by such a contravention), or a variation of such a sentence, in the circumstances set out in section 4DA; and

(c) jurisdiction to hear (in accordance with the rules) an appeal given to it by section 4D; and

(d) any other jurisdiction given to it by or under this or any other Act or the rules.

S. 4C inserted by No. 51/2008 s. 6, amended by Nos 68/2009 s. 97(Sch. item 35.3), 26/2012 s. 14.

4C Dealing with proceedings for certain offences

The Koori Court Division has jurisdiction to deal with a proceeding for an offence (other than an offence constituted by a contravention of a sentence imposed by it) in the circumstances set out in section 4E.

S. 4D inserted by No. 51/2008 s. 6.

4D Hearing certain appeals

S. 4D(1) amended by No. 68/2009 s. 97(Sch. item 35.4).

(1) The Koori Court Division has jurisdiction to hear an appeal under section 254 or 257 of the Criminal Procedure Act 2009 in the circumstances set out in section 4E if the appeal is against the sentence imposed by—

(a) the Koori Court Division of the Magistrates' Court; or

(b) the Magistrates' Court other than the Koori Court Division of that court.

S. 4D(2) amended by No. 68/2009 s. 97(Sch. item 35.5).

(2) An appeal to the Koori Court Division under section 254 or 257 of the Criminal Procedure Act 2009 must be conducted as a re-hearing and is limited to an appeal against the sentence imposed.

S. 4D(3) amended by No. 68/2009 s. 97(Sch. item 35.6).

(3) Sections 256(1) and 259(1) of the Criminal Procedure Act 2009 do not apply to an appeal to the Koori Court Division.

S. 4DA inserted by No. 26/2012 s. 15.

4DA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by it or by another Division of the County Court

For the purposes of sections 4B(b) and (ba), the circumstances are—

(a) the accused is Aboriginal; and

(b) the offence to which the sentence relates is within the jurisdiction of the County Court, other than—

S. 4DA(b)(i) amended by No. 19/2017 s. 46(1).

(i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; and

S. 4DA(b)(ii) repealed by No. 19/2017 s. 46(2).

(c) in the case of an offence constituted by a contravention of a sentence referred to in section 4B(b) or (ba), the accused pleads guilty to the offence; and

(d) the accused consents to the proceeding being dealt with by the Koori Court Division; and

(e) the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it.

S. 4E inserted by No. 51/2008 s. 6.

4E Circumstances in which Koori Court Division may deal with proceedings for certain offences or hear certain appeals

For the purposes of sections 4C and 4D, the circumstances are—

S. 4E(a) amended by No. 68/2009 s. 97(Sch. item 35.7).

(a) the accused is Aboriginal; and

(b) the offence is within the jurisdiction of the County Court, other than—

S. 4E(b)(i) amended by No. 19/2017 s. 47(1).

(i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; and

S. 4E(b)(ii) substituted by No. 51/2008 s. 10(4), repealed by No. 19/2017 s. 47(2).

S. 4E(c) amended by No. 68/2009 s. 97(Sch. item 35.7).

(c) the accused pleads guilty to the offence; and

S. 4E(d) amended by No. 68/2009 s. 97(Sch. item 35.7).

(d) the accused consents to the proceeding being dealt with by the Koori Court Division; and

(e) the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it.

S. 4EA inserted by No. 19/2017 s. 48.

4EA Certain matters may be dealt with by Koori Court Division only in certain venues

(1) The Chief Judge may, by notice in the Government Gazette, specify a venue of the court as a venue at which the Koori Court Division may exercise—

(a) the jurisdiction conferred on the Koori Court Division by section 4B(b) and (ba) in relation to the contravention or variation of a sentence imposed in relation to—

(i) a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008; or

(ii) an offence arising out of the same conduct as that from which the contravention arose; and

(b) the jurisdiction conferred on the Koori Court Division by section 4B(b) and (ba) in relation to an offence constituted by a contravention of a sentence referred to in paragraph (a); and

(c) the jurisdiction conferred on the Koori Court Division by section 4C or 4D in relation to a matter referred to in paragraph (a)(i) or (ii).

(2) The Koori Court Division must not exercise the jurisdiction referred to in subsection (1) except when sitting at a venue specified under that subsection.

S. 4F inserted by No. 51/2008 s. 6.

4F Proceedings may be transferred to and from the Koori Court Division

Subject to, and in accordance with the rules—

(a) a proceeding may be transferred to the Koori Court Division, whether sitting at the same or a different venue; and

(b) the Koori Court Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the court, sitting other than as the Koori Court Division, at the same or a different venue.

S. 4G inserted by No. 51/2008 s. 6.

4G Sentencing procedure in Koori Court Division

S. 4G(1) amended by No. 68/2009 s. 97(Sch. item 35.8).

(1) This section applies to the Koori Court Division when it is considering the sentence to impose on an offender.

(2) The Koori Court Division may consider any oral statement made to it by an Aboriginal elder or respected person.

(3) The Koori Court Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by—

(a) a Koori Court officer; or

(b) a community corrections officer appointed under Part 4 of the Corrections Act 1986; or

(c) a health service provider; or

(d) a victim of the offence; or

S. 4G(3)(e) amended by No. 68/2009 s. 97(Sch. item 35.9).

(e) a family member of the offender; or

(f) anyone else whom the Koori Court Division considers appropriate.

(4) Nothing in this section affects the requirement to observe the rules of natural justice.

(5) This section does not limit—

(a) any other power conferred on the court by or under this or any other Act or the rules; or

(b) any other specific provision made by or under this or any other Act or the rules for the making of any report, statement or submission, or the giving of any evidence, to the court for the purpose of assisting it in determining sentence.

S. 4G(6) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 12.1).

(6) To avoid doubt, Part 3.10 of the Evidence Act 2008 does not apply to the Koori Court Division in considering the sentence to impose on an offender under this section, unless the Koori Court Division directs, in accordance with section 4(2) of the Evidence Act 2008, that that Act applies.

No. 6117 s. 5.

S. 5
amended by Nos 7522 s. 3(2), 7705 s. 9(c), substituted by No. 19/1989 s. 7(f).

5 Where court to be held

(1) The court is to be held at such places as the Governor in Council by Order published in the Government Gazette directs.

(2) The Governor in Council may by Order published in the Government Gazette direct that the court shall cease to be held at any place and may subsequently direct that it shall be again held at that place.

S. 5A
inserted by No. 7705 s. 3, repealed by No. 19/1989 s. 7(g).

S. 5B
inserted by No. 7705 s. 3.

5B Construction of references

(1) Any reference in any Act or in any proclamation regulation rule or by-law to a "court of general sessions" or to a "court of general sessions of the peace" shall after the commencement of the County Court (Jurisdiction) Act 1968 be read and construed as a reference to the County Court and any reference to a "chairman of general sessions" shall be read and construed as a reference to a judge of the County Court.

(2) Any reference in any summons, application, notice, recognizance, judgment, order, determination, decision, direction, or other instrument to a "court of general sessions" or "court of general sessions of the peace" shall after the commencement of the County Court (Jurisdiction) Act 1968 be read and construed as a reference to the County Court and any reference to a "chairman of general sessions" shall be read and construed as a reference to a judge of the County Court.

No. 6117 s. 6.

6 Seal of the court

At every place at which the court is held under this Act there shall be a seal of the court, and all summonses and other process issuing out of the court shall be sealed or stamped with the seal of the court. The seal of any county court in use at any place before the commencement of the County Court Act 1957 may be continued in use as the seal of the court at that place under this Act.

S. 6A inserted by No. 33/2018 s. 59.

6A Court may issue or transmit court documents electronically

(1) Any order, judgment or other document that the court, a judge, an associate judge, a judicial registrar or a registrar may issue or transmit under this Act or any other Act, statutory rule or other enactment or law may be issued or transmitted by electronic communication.

(2) If any provision of an Act, a statutory rule or other enactment or law in Victoria permits or requires any order, determination or other document to be issued or transmitted by manual means, that requirement is taken to be met if the issuing or transmission occurs by electronic communication.

If an Act or other law requires or permits the court to sign or seal a document, the court could use an electronic signature or electronic seal and the requirement is met in the same way as if the document had been signed or sealed by hand.

(3) Nothing in this section—

(a) limits the court, a judge, an associate judge, a judicial registrar or a registrar from issuing or providing any order, judgment or other document in paper form; or

(b) affects or limits any practice, procedure or Rules that provide for electronic processes in the court; or

(c) affects or limits the power to make Rules; or

(d) limits any other power of the court, a judge, an associate judge, a judicial registrar or a registrar.

Division 2—Time and place for holding court

No. 6117 s. 7.

S. 7
(Heading) inserted by No. 24/2008 s. 46(1).

7 Where court held and days of sitting

S. 7(1) amended by Nos 8625 s. 3, 24/2008 s. 46(2).

(1) At each place at which the Governor in Council directs that the court be held a judge or, subject to the Rules, an associate judge shall attend and hold the court on such days and at such time as the Chief Judge from time to time appoints.

S. 7(2) substituted by No. 7705 s. 4(a).

(2) Notice of the days on which the court will commence sitting at each such place shall be published in the Government Gazette.

S. 7(3) amended by Nos 7705 s. 4(b), 8625 s. 3.

(3) The Chief Judge may from time to time alter the days and times for the holding of the court at any place, and when any day so appointed is altered, notice of the intended alteration and of the time when it will take effect shall be published in the Government Gazette.

S. 7(4) amended by Nos 20/2004 s. 13, 24/2008 s. 46(3), 68/2009 s. 97(Sch. item 35.10), 33/2018 s. 60.

(4) If a judge or an associate judge, as the case requires does not arrive at the court house before one o'clock in the afternoon of any day upon which the holding of the court has been fixed the registrar may open the court and adjourn the same to the following day or to such other day as he is directed by a judge or an associate judge, as the case requires either by signed order or by other electronic communication and extend the bail of a person attending on that day in relation to a criminal proceeding in respect of which the person has been granted bail to the day to which the court is adjourned.

Division 3—Judges

No. 6117 s. 8.

8 Appointment and qualification of judges

S. 8(1) amended by Nos 8625 s. 4(a)(i)–(iii), 64/1996
s. 13(1), 31/2004 s. 10(1), 3/2016 s. 25(1).

(1) Subject to subsection (1B), the Governor in Council shall appoint a person as Chief Judge and as many other persons as are needed to be judges of the county court under this Act, and when the Chief Judge or any other judge under this Act dies resigns retires or is removed another Chief Judge or judge (whichever case applies) may be appointed in his stead[1].

S. 8(1A) inserted by No. 31/2004 s. 10(2).

(1A) A person is not eligible for appointment as Chief Judge or a judge unless the person—

(a) is or has been a judge or magistrate of—

(i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or

(ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or

S. 8(1A)(b) substituted by No. 18/2005 s. 18(Sch. 1 item 25.2).

(b) is an Australian lawyer of at least 5 years' standing.

S. 8(1B) inserted by No. 3/2016 s. 25(2).

(1B) Without limiting subsection (1) or (1A), the Chief Judge, when appointed under subsection (1) must—

(a) already be a Judge of the Supreme Court; or

(b) be simultaneously appointed as Chief Judge under subsection (1) and appointed under section 75B of the Constitution Act 1975 as a Judge of the Supreme Court.

S. 8(2) amended by No. 6429
s. 3 (as amended by No. 6489 s. 4), repealed by No. 6891 s. 2, new s. 8(2) inserted by No. 16/1986 s. 10.

(2) When the Chief Judge is absent on leave or for any reason is temporarily unable to perform the duties of the office—

(a) the Governor in Council may appoint a judge of the court to be the Acting Chief Judge for such period or periods as the Governor in Council may determine; and

Note to s. 8(2)(a) inserted by No. 31/2021 s. 13(1).

Section 8AAC(1) also provides for the Deputy Chief Judge to act as the Chief Judge if the Governor in Council has not appointed an Acting Chief Judge and the Chief Judge has nominated or authorised the Deputy Chief Judge to act as Chief Judge.

S. 8(2)(b) substituted by No. 64/1996
s. 13(2).

(b) a judge of the court appointed as the Acting Chief Judge under this subsection or acting as Chief Judge under subsection (2A) has, during the period of appointment as Acting Chief Judge or the period of acting as Chief Judge, the same powers and jurisdiction as the Chief Judge has.

S. 8(2A) inserted by No. 64/1996
s. 13(3), substituted by No. 31/2021 s. 13(2).

(2A) If there is a vacancy in the office of the Chief Judge—

(a) the Deputy Chief Judge is to act as Chief Judge; or

(b) if the Deputy Chief Judge is unable to act as Chief Judge, the senior of the judges willing to act as Chief Judge is to act as Chief Judge.

S. 8(2B) inserted by No. 64/1996
s. 13(3).

(2B) If the commissions of 2 or more judges bear the same date, the judges have seniority according to the seniority assigned by the commissions, or if there is no such assignment, according to the order of their being sworn.

S. 8(2C) inserted by No. 5/2013 s. 23.

(2C) A reserve judge must not—

(a) be appointed as Chief Judge;

(b) be appointed as Acting Chief Judge;

S. 8(2C)(c) amended by No. 31/2021 s. 13(3)(a).

(c) act as Chief Judge;

S. 8(2C)(d) inserted by No. 31/2021 s. 13(3)(b).

(d) be appointed as Deputy Chief Judge.

S. 8(3) amended by No. 16/1986 s. 8(a).

(3) No person who has attained the age of 70 years shall be appointed to be a judge under this Act.

(4) Any reference to a judge of county courts in any other Act or in any proclamation, order, rule, regulation, by-law or other instrument or document shall, where the context allows, be read and construed as a reference to a judge of the County Court.

S. 8(5) repealed by No. 8625 s. 4(b).

S. 8(6) amended by No. 8625 s. 4(c)(i)(ii).

(6) Any reference to the senior judge of county courts or of any county court or the chairman of judges of the County Court or any reference of like import to those references (however expressed) in any other Act or in any proclamation, order, rule, regulation, by-law or other instrument or document shall, where the context allows, be read and construed as a reference to the Chief Judge of the court.

S. 8AA inserted by No. 3/2016 s. 26.

8AA Resignation by Chief Judge who is dual commission holder

The Chief Judge who is a dual commission holder may—

(a) resign simultaneously from both the office of Chief Judge under this Act and the office of Judge of the Supreme Court under section 77(4)(e) of the Constitution Act 1975; or

(b) resign from the office of Chief Judge under this Act and continue in office as a Judge of the Supreme Court; or

(c) resign from the office of Judge of the Supreme Court under section 77(4)(e) of the Constitution Act 1975 and continue in office as Chief Judge without being a dual commission holder.

S. 8AAB inserted by No. 31/2021 s. 14.

8AAB Deputy Chief Judge

(1) The Governor in Council, on the recommendation of the Attorney-General made after consultation with the Chief Judge, may appoint a person to the office of Deputy Chief Judge.

(2) Without limiting subsection (1), the Deputy Chief Judge, when appointed under subsection (1), must already be a judge.

(3) Subject to this Act, the Deputy Chief Judge holds office—

(a) for the term (not exceeding 5 years) that is specified in the Deputy Chief Judge's instrument of appointment and is eligible for re-appointment; and

(b) on any other terms and conditions that are specified in the instrument of appointment.

S. 8AAC inserted by No. 31/2021 s. 14.

8AAC Deputy Chief Judge acting as Chief Judge

(1) The Deputy Chief Judge is to act as Chief Judge during any period that the Chief Judge is absent on leave or for any reason temporarily unable to perform the duties of Chief Judge if—

(a) the Deputy Chief Judge is nominated or authorised to do so by the Chief Judge; and

(b) the Governor in Council has not appointed an Acting Chief Judge under section 8(2)(a).

(2) The Deputy Chief Judge, during the period of acting as Chief Judge—

(a) has the same powers and jurisdiction as the Chief Judge; and

(b) if the period of acting extends for a continuous period of more than 1 week, is entitled to be paid for the entire period at the rate for the time being applicable for the Chief Judge under the Judicial Entitlements Act 2015.

(3) The Deputy Chief Judge may not act under subsection (1) as Chief Judge for a term exceeding 3 months, unless the Governor in Council authorises a longer term on the recommendation of the Attorney-General, made after consultation with the Chief Judge.

S. 8AAD inserted by No. 31/2021 s. 14.

8AAD Duties of Deputy Chief Judge

(1) The Deputy Chief Judge continues to perform the duties of a judge.

(2) The Chief Judge may assign duties to the Deputy Chief Judge relating to the Chief Judge's responsibilities under section 8E.

(3) The Deputy Chief Judge must carry out the duties from time to time assigned by the Chief Judge under subsection (2).

S. 8A inserted by No. 63/2013 s. 67.

8A Entry into part-time service arrangement

(1) A judge or an associate judge, other than an excluded judicial officer, may enter into an arrangement with the Chief Judge to carry out the duties of judge, or associate judge, 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 or associate judge 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 Judge may have regard to the following factors in considering whether to enter into a part-time service arrangement—

(a) the operational needs of the court;

(b) the personal and professional circumstances of the judge or the associate judge;

(c) parity and equity with other judges or other associate judges;

(d) any other relevant consideration.

(4) A part-time service arrangement takes effect from the date specified in the part-time service arrangement.

S. 8B inserted by No. 63/2013 s. 67.

8B Variation of part-time service arrangement

(1) A part-time service arrangement may be varied by agreement between the judge or the associate judge to whom the arrangement applies and the Chief Judge.

(2) A variation of 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 or the associate judge to whom the part-time service arrangement applies, which must be a minimum of 0·4 of full-time duties.

(3) The Chief Judge may have regard to the factors referred to in section 8A(3) in considering whether to vary a part-time service arrangement.

(4) A variation of a part-time service arrangement takes effect from the date specified in the written variation of the part-time service arrangement.

S. 8C inserted by No. 63/2013 s. 67.

8C Suspension of part-time service arrangement

(1) A part-time service arrangement is suspended if the judge to whom the part-time service arrangement applies is appointed as any one of the following—

(a) Acting Chief Judge;

(b) Acting State Coroner;

(c) Acting President of the Children's Court;

(d) Acting President of VCAT.

(2) A suspension under subsection (1) is for the period of the acting appointment.

S. 8D inserted by No. 63/2013 s. 67.

8D Termination of part-time service arrangement

(1) A part-time service arrangement is terminated if the judge to whom the part-time service arrangement applies is appointed as any one of the following—

(a) Chief Judge;

S. 8D(1)(ab) inserted by No. 31/2021 s. 15.

(ab) Deputy Chief Judge;

(b) State Coroner;

(c) President of the Children's Court.

(2) A part-time service arrangement may be terminated by agreement between the judge, or the associate judge, to whom the arrangement applies and the Chief Judge.

S. 8E inserted by No. 16/2016 s. 191.

8E Administrative responsibility of Chief Judge

(1) The Chief Judge is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.

(2) The Chief Judge has the power to do all things necessary or convenient to be done to perform the Chief Judge's responsibilities under subsection (1).

(3) Nothing in this section limits the responsibilities, functions or powers of the Chief Judge under this Act or any other Act.

S. 9 amended by No. 16/1986 s. 16(a), repealed by No. 16/2005 s. 7(1).

S. 9A (Heading) inserted by No. 24/2008 s. 47(1).

S. 9A
inserted by No. 19/1989 s. 7(h), amended by No. 24/2008 s. 47(2) (ILA s. 39B(1)).

9A Protection of judges and associate judges

(1) A judge has in the performance of his or her duties as a judge the same protection and immunity as a judge of the Supreme Court has in the performance of his or her duties as a judge.

S. 9A(2) inserted by No. 24/2008 s. 47(2).

(2) An associate judge has in the performance of his or her duties as an associate judge the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.

S. 10 (Heading) inserted by No. 29/2015
s. 80(1), amended by No. 31/2021 s. 16(1).

S. 10 amended by Nos 6470
s. 3 (as amended by No. 6489 s. 4(Sch. item 26(b))), 6621 s. 3(a)(b),
6891 s. 3, 7055 ss 3, 6, 7346 s. 3(a)(b), 7581 s. 3, 7940 s. 3(a)(b), 8183 s. 3(a), 8481 s. 3(a)(i)(ii)(b), 8625
s. 5(a)(b), 8680
s. 3(a)(i)(ii)(b) (i)(ii), 8853 s. 3(a)(b), 9063 s. 3(a)(b), 9176 s. 3(a)(b), 9293 s. 3(a)(b), substituted by No. 9468 s. 3(a), amended by No. 9813 ss 4(a)(b), 5.

10 Salaries, allowances and conditions of service of the Chief Judge, Deputy Chief Judge and other judges

S. 10(1) amended by Nos 9813 s. 4(a), 4/1987 s. 4(1)(a)
(i)–(iv), 64/1990 s. 20(Sch. item 2.1(a)), 22/1995 s. 21(1)(a)(b), 4/2002 s. 12(3)(a), 38/2004 s. 13(1), 29/2015 s. 80(2)(a).

(1) The Chief Judge shall be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015.

S. 10(1A) inserted by No. 3/2016 s. 27(1).

(1A) The Chief Judge who is a dual commission holder—

(a) is entitled to the salary referred to in subsection (1) and the allowances and other conditions of service referred to in subsection (3); and

(b) is not entitled to receive any salary, allowances or other conditions of service as a Judge of the Supreme Court during the period of being a dual commission holder.

S. 10(1B) inserted by No. 31/2021 s. 16(2).

(1B) Subject to section 8AAC(2), the Deputy Chief Judge is entitled to be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015.

S. 10(2) amended by Nos 9813 s. 4(b), 4/1987 s. 4(1)(b)
(i)–(iv), 64/1990 s. 20(Sch. item 2.1(b)), 22/1995 s. 21(2)(a)(b), 4/2002 s. 12(3)(a), 38/2004 s. 13(2), 63/2013 s. 68(1), 29/2015 s. 80(2)(b), 31/2021 s. 16(3).

(2) Each judge other than the Chief Judge or the Deputy Chief Judge shall be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015.

S. 10(2A) inserted by No. 63/2013 s. 68(2), repealed by No. 29/2015 s. 80(2)(c).

S. 10(3) substituted by Nos 9813 s. 5, 4/1987 s. 4(1)(c), amended by No. 64/1990 s. 20(Sch. item 2.1(c)
(i)–(iv)), substituted by No. 22/1995
s. 21(3), amended by No. 4/2002 s. 12(3)(b), substituted by Nos 38/2004 s. 13(3), 29/2015 s. 80(3).

(3) Each judge is entitled to the allowances and the other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.

S. 10(3A) inserted by No. 3/2016 s. 27(2).

(3A) Without limiting subsection (3), the Chief Judge who is a dual commission holder is taken to be entitled, in accordance with Schedule 1 to the certificate dated 19 July 2007 issued under section 15 of the Judicial Remuneration Tribunal Act 1995 (as continued in operation under section 43 of the Judicial Entitlements Act 2015), to a library allowance at the same level as that of a Supreme Court Judge specified in that Schedule whilst a dual commission holder, rather than the library allowance for other judges of the County Court.

S. 10(3B) inserted by No. 3/2016 s. 27(2), amended by No. 1/2022 s. 36(a).

(3B) Despite sections (2) and (3), the Chief Magistrate who has been a dual commission holder as a judge of the County Court—

S. 10(3B)(a) amended by No. 1/2022 s. 36(b).

(a) is entitled to the salary and the allowances and other conditions of service of the Chief Magistrate who has been a dual commission holder as a judge of the County Court under section 10 of, and Schedule 1 to, the Magistrates' Court Act 1989; and

(b) is not entitled to receive any salary, allowances or other conditions of service as a judge under this Act during the period of being a dual commission holder.

S. 10(4) substituted by Nos 9813 s. 5, 4/1987 s. 4(1)(c), amended by No. 64/1990 s. 20(Sch. item 2.1(d)
(i)–(viii)), repealed by No. 22/1995
s. 21(4)(a), new s. 10(4) inserted by No. 83/2008 s. 7(1), repealed by No. 29/2015 s. 80(4).

S. 10(4A) inserted by No. 9813 s. 5, repealed by No. 4/1987 s. 4(1)(c).

S. 10(5) substituted by No. 4/1987 s. 4(1)(c), amended by No. 64/1990 s. 20(Sch.
item 2.1(e)), repealed by No. 22/1995
s. 21(4)(a), new s. 10(5) inserted by No. 83/2008 s. 7(1), repealed by No. 29/2015 s. 80(4).

S. 10(5A) inserted by No. 83/2008 s. 7(1), repealed by No. 29/2015 s. 80(4).

S. 10(6) amended by Nos 9549 s. 2(1)(Sch. item 49), substituted by No. 4/1987 s. 4(1)(c), amended by No. 64/1990 s. 20(Sch.
item 2.1(e)), repealed by No. 22/1995
s. 21(4)(a), new s. 10(6) inserted by No. 83/2008 s. 7(1), repealed by No. 29/2015 s. 80(4).

S. 10(6A) inserted by No. 4/1987 s. 4(1)(c), repealed by No. 22/1995
s. 21(4)(a).

S. 10(6B) inserted by No. 4/1987 s. 4(1)(c), amended by Nos 22/1995
s. 21(4)(b), 31/2021 s. 16(4).

(6B) Nothing in this section authorises the salaries or the aggregate value of the allowances payable to the Chief Judge, the Deputy Chief Judge and the other judges to be reduced.

S. 10(6C) inserted by No. 83/2008 s. 7(2), repealed by No. 29/2015 s. 80(4).

S. 10(6D) inserted by No. 63/2013 s. 68(3).

(6D) A part-time service arrangement does not constitute a reduction in the salary of the judge or associate judge who enters into the arrangement.

S. 10(6E) inserted by No. 3/2016 s. 27(3).

(6E) The appointment of a judge as a dual commission holder as Chief Magistrate does not constitute a reduction in the salary or allowances of the judge who takes the appointment.

S. 10(7) amended by Nos 64/1990 s. 20(Sch. item 2.1(f)), 22/1995
s. 21(4)(c), substituted by No. 1/2000 s. 4(1).

(7) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

S. 10(7)(a) amended by Nos 83/2008 s. 7(3), 29/2015 s. 61(1)(a).

(a) the amounts (including the amount of any non-salary benefits) payable to or for a judge; and

S. 10(7)(b) amended by No. 67/2013 s. 649(Sch. 9 item 8(1)).

(b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of the judges; and

S. 10(7)(c) amended by No. 26/2007 s. 109.

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to the judges; and

S. 10(7)(d) amended by No. 29/2015 s. 61(1)(b).

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the judges; and

S. 10(7)(e) inserted by No. 29/2015 s. 61(1)(c).

(e) superannuation contributions and payments, if applicable, that are payable.

S. 10(7A) inserted by No. 83/2008 s. 7(4), repealed by No. 29/2015 s. 80(4).

S. 10(7B) inserted by No. 83/2008 s. 7(4), repealed by No. 29/2015 s. 80(4).

S. 10(8) repealed by No. 64/1990 s. 20(Sch.
item 2.1(g)).

S. 10(9) inserted by No. 16/1986 s. 9(2)(a), amended by Nos 14/2006 s. 8, 24/2008 s. 48, repealed by No. 29/2015 s. 80(4).

S. 10(10) inserted by No. 83/2008 s. 7(5), amended by Nos 34/2010 s. 30, 29/2015 s. 61(2), 29/2015 s. 80(5).

(10) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.

S. 11 repealed by No. 7840 s. 19(b), new s. 11 inserted by No. 3/2005 s. 6, amended by Nos 26/2007 s. 109,
83/2008 s. 8, repealed by No. 5/2013 s. 24.

S. 12
repealed by No. 7840 s. 19(b), new s. 12 inserted by No. 5/2013 s. 25.

12 Appointment of reserve judges

(1) The Governor in Council may appoint as many reserve judges of the court as are necessary for transacting the business of the court.

(2) A person is not eligible for appointment as a reserve judge unless he or she—

S. 12(2)(a)
amended by No. 63/2013 s. 27.

(a) has not attained the age of 78 years; and

(b) is, or has been—

(i) a judge of the court; or

(ii) a judge of a District Court (however designated) of another State.

(3) The instrument of appointment of a person as a reserve judge must specify the terms and conditions of appointment.

(4) A reserve judge is eligible for re‑appointment as a reserve judge.

S. 12A inserted by No. 5/2013 s. 25.

12A Cessation of office

(1) A reserve judge ceases to hold office on the earlier of—

(a) the end of 5 years from the date of his or her appointment as a reserve judge; or

S. 12A(1)(b)
amended by No. 63/2013 s. 28(1).

(b) attaining the age of 78 years.

S. 12A(1A) inserted by No. 63/2013 s. 28(2).

(1A) A reserve judge may resign by sending his or her resignation in writing to the Governor.

S. 12A(2) repealed by No. 16/2016 s. 192.

S. 12B (Heading) amended by No. 63/2013 s. 29(1).

S. 12B inserted by No. 5/2013 s. 25.

12B Chief Judge may engage reserve judge to undertake duties of judge of the court

S. 12B(1) amended by No. 63/2013 s. 29(2).

(1) The Chief Judge may, from time to time, by notice in writing, engage a reserve judge to undertake the duties of a judge of the court—

(a) on a full time basis; or

(b) on a sessional basis.

(2) Without limiting subsection (1), an engagement under that subsection must specify the period of the engagement.

S. 12B(3) amended by No. 63/2013 s. 29(3).

(3) The Chief Judge does not have the power to revoke or amend a notice of engagement under subsection (1), other than with the consent of the reserve judge.

S. 12B(4) inserted by No. 63/2013 s. 29(4).

(4) An engagement under subsection (1) must not exceed 6 months.

S. 12B(5) inserted by No. 63/2013 s. 29(4).

(5) For the purpose of deciding whether, when, or on what basis to engage a reserve judge to undertake duties, the Chief Judge may request the reserve judge to provide any information that the Chief Judge considers may be relevant to enable a decision to engage to be made.

S. 12C inserted by No. 5/2013 s. 25.

12C Powers, jurisdiction, immunities and protection of reserve judge

Subject to this Act, a reserve judge has the same powers, jurisdiction, immunities and protection as a judge of the court when undertaking the duties of a judge of the court in accordance with an engagement under section 12B.

S. 12D inserted by No. 5/2013 s. 25.

12D Pension rights and service not affected by being a reserve judge

(1) Service as a reserve judge does not count as service in the office of judge of the court for the purposes of section 14.

(2) Despite section 14(3A)(a) and (b), appointment as a reserve judge does not affect the right of a judge to a pension under section 14.

S. 12E inserted by No. 5/2013 s. 25, amended by No. 63/2013 s. 30 (ILA s. 39B(1)).

12E Engaging in legal practice or other paid employment

(1) Except with the approval of the Chief Judge, a reserve judge must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of a judge of the court under section 12B or acting under section 12H.

S. 12E(2) inserted by No. 63/2013 s. 30(2).

(2) Except with the approval of the Chief Judge, a reserve judge must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve judge receives remuneration while engaged to undertake the duties of a judge under section 12B or acting under section 12H.

S. 12E(3) inserted by No. 63/2013 s. 30(2).

(3) This section is in addition to the requirements of section 13.

S. 12F (Heading) amended by No. 29/2015 s. 81(1).

S. 12F inserted by No. 5/2013 s. 25.

12F Salary, allowances and other conditions of service of reserve judge

S. 12F(1) substituted by No. 29/2015 s. 81(2).

(1) Each reserve judge engaged to undertake the duties of a judge of the court under section 12B is entitled to be paid a salary in accordance with the rate for the time being applicable for that office under the Judicial Entitlements Act 2015.

S. 12F(2) substituted by No. 29/2015 s. 81(2).

(2) Each reserve judge engaged to undertake the duties of a judge of the court under section 12B is entitled to the allowances and other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.

S. 12F(3)–(9) repealed by No. 29/2015 s. 81(3).

S. 12F(9A) inserted by No. 63/2013 s. 31, amended by No. 29/2015 s. 81(4).

(9A) Despite subsection (1), a reserve judge who is also a serving judge of a court of another State is not entitled to be paid a salary under this section if that person receives a salary in relation to his or her office in that other State.

S. 12F(10) repealed by No. 29/2015 s. 81(3).

S. 12G inserted by No. 5/2013 s. 25, amended by No. 29/2015 s.62(ILA s.39B(1)).

12G Appropriation of certain amounts in relation to reserve judges

(1) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

(a) the amounts (including the amount of any non-salary benefits) payable to or for reserve judges; and

S. 12G(b) amended by No. 67/2013 s. 649(Sch. 9 item 8(2)).

(b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any reserve judge; and

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any reserve judge; and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve judge; and

(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any reserve judge.

S. 12G(2) inserted by No. 29/2015 s. 62.

(2) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.

S. 12H inserted by No. 63/2013 s. 32.

12H Power to complete matters—judges and reserve judges

(1) This section applies to—

(a) a judge whose commission under section 14 ceases under section 14(1)(a), (b) or (c);

(b) a reserve judge engaged under section 12B whose engagement expires;

(c) a reserve judge engaged under section 12B—

(i) whose engagement expires; and

(ii) whose appointment as a reserve judge ceases, other than by way of resignation—

but only if at the time of that cessation or expiry the judge or reserve judge had a matter—

(d) that was part-heard before him or her; or

(e) in respect of which his or her decision or determination is pending.

(2) Subject to subsection (4), a former judge, reserve judge or former reserve judge to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that the former judge, reserve judge or former reserve judge (as the case may be) had heard, or partly heard, before the cessation of his or her commission or appointment or expiry of his or her engagement.

(3) For the purposes of subsection (2)—

(a) a reserve judge to whom this section applies whose engagement has expired is taken to be engaged under section 12B; and

(b) a former judge or former reserve judge to whom this section applies—

(i) holds office as a reserve judge by virtue of this section as if he or she had been appointed under section 12; and

(ii) is taken to be a reserve judge engaged under section 12B; and

(c) section 12F does not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her commission or appointment or the expiry of his or her engagement, as the case requires; and

(d) the person may continue to serve as a reserve judge for the purposes of subsection (2) despite having attained the age of 78 years.

(4) Subject to subsection (5), any appointment or engagement of a person under this section ceases on the earlier of—

(a) the completion of the matters referred to in subsection (2); or

(b) 6 months from the date of that appointment or engagement; or

(c) the person being appointed under section 12 as a reserve judge.

(5) A person to whom this section applies may resign his or her office as reserve judge under this section by notice in writing to the Governor.

(6) Nothing in this section prevents a person being appointed as a reserve judge under section 12 at any time, if he or she is eligible to be so appointed.

(7) Nothing in this section affects the operation of section 15 or of section 91(8) or 101A of the Coroners Act 2008.

(8) In this section a reference to "proceeding" includes—

(a) any proceeding or other matter in the Children's Court under the Children, Youth and Families Act 2005; and

(b) any investigation or inquiry under the Coroners Act 2008.

No. 6117 s. 13.

S. 13 amended by No. 43/1991 s. 41(1)(a).

13 Judges not to engage in legal practice or sit in Parliament

S. 13(1) amended by No. 35/1996
s. 453(Sch. 1 item 15.2).

(1) No judge under this Act shall during his continuance in such office engage in legal practice or be capable of being elected or of sitting as a member of the Legislative Council or Legislative Assembly or of the Commonwealth Parliament.

S. 13(2) inserted by No. 43/1991 s. 41(1)(b), amended by No. 63/2013 s. 33.

(2) This section does not apply in relation to engaging in legal practice by a reserve judge who has been given approval by the Chief Judge to engage in legal practice under section 12E.

S. 13A inserted by No. 16/1986 s. 9(1), amended by Nos 4/1987 s. 4(2), 64/1990 s. 20(Sch. item 2.2), 43/1991 s. 41(2), 9/1995
s. 8(1)–(4), 22/1995 s. 22, 35/1996 s. 453(Sch. 1 items 15.3, 15.4), 1/2000 s. 4(2), repealed by No. 3/2005 s. 7, new s. 13A inserted by No. 63/2013 s. 69.

13A Judges and associate judges serving under part-time service arrangement not to engage in legal practice or other paid employment

(1) Without limiting section 13, a judge or an associate judge serving under a part-time service arrangement must not engage in legal practice.

(2) Except with the approval of the Chief Judge, a judge or an associate judge serving under a part-time service arrangement must not undertake paid employment or conduct a business, trade or profession of any kind.

(3) Except with the approval of the Chief Judge, a judge or an associate judge serving under a part-time service arrangement must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the judge or the associate judge receives remuneration.

No. 6117 s. 14.

S. 14 (Heading) inserted by No. 23/2008 s. 10(1).

14 Provision for pensions to County Court judges and their partners

S. 14(1) substituted by No. 16/1986 s. 8(b) (as amended by No. 107/1986 s. 9(a)(b)).

(1) The commission of a judge ceases to be in force and the office becomes vacant—

S. 14(1)(aaa) inserted by No. 16/2005 s. 7(2).

(aaa) on the judge being removed from office by the Governor in Council in accordance with Part IIIAA of the Constitution Act 1975; or

S. 14(1)(aa) inserted by No. 16/2005 s. 7(2).

(aa) on the abolition of the office of the judge by or under an Act; or

S. 14(1)(a) amended by No. 14/2006 s. 9(a).

(a) in the case of a judge appointed before the commencement of section 8 of the Courts Amendment Act 1986 who did not make an election under section 13A before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005—upon the judge attaining the age of 72 years; or

S. 14(1)(b) amended by No. 14/2006 s. 9(b).

(b) in the case of a judge appointed before the commencement of section 8 of the Courts Amendment Act 1986 who made an election under section 13A before the commencement of section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005—upon the judge attaining the age of 70 years; or

S. 14(1)(c) amended by No. 14/2006 s. 9(c).

(c) in the case of a judge appointed on or after the commencement of section 8 of the Courts Amendment Act 1986—upon the judge attaining the age of 70 years.

S. 14(2) amended by No. 6901 s. 3, substituted by No. 7066 s. 3(a), amended by Nos 7973 s. 3(a), 8883 s. 2(a), 9468 s. 3(b), 31/2021 s. 17(1).

(2) Every judge who—

S. 14(2)(a) substituted by No. 22/1995

(a) has attained—

(i) the age of 65 years; or

S. 14(2)(a)(ii) amended by No. 39/2003 s. 4(1)(a).

(ii) in the case of a judge appointed before the commencement of section 23 of the Judicial Remuneration Tribunal Act 1995, the age of 60 years; or

S. 14(2)(a)(iii) inserted by No. 39/2003 s. 4(1)(b), amended by No. 34/2010 s. 3.

(iii) in the case of a judge to whom subsection (5)(ac) or subsection (5)(ad) applies who was appointed as a judge after the commencement of section 23 of the Judicial Remuneration Tribunal Act 1995 but who before that commencement had service that, by force of that subsection, counts as service in the office of judge under this Act, the age of 60 years—

and has served for not less than 10 years in the office of judge; or

S. 14(2)(b) substituted by No. 22/1995

(b) has served for not less than 20 years in the office of judge; or

S. 14(2)(c) inserted by No. 22/1995

(c) having been appointed before attaining the age of 60 years, has become afflicted with some permanent incapacity disabling him or her from the due execution of the office; or

S. 14(2)(d) inserted by No. 22/1995

(d) in the case of a judge appointed after attaining the age of 60 years but before the commencement of section 23 of the Judicial Remuneration Tribunal Act 1995, has become afflicted with some permanent incapacity disabling him or her from the due execution of the office—

shall upon resignation or upon retirement as aforesaid from his office be entitled to a pension payable fortnightly at the rate per annum of sixty per centum of the annual salary—

(i) in the case of a chief judge—of the Chief Judge; and

S. 14(2)(ia) inserted by No. 31/2021 s. 17(1)(a).

(ia) in the case of a deputy chief judge—of the Deputy Chief Judge; and

S. 14(2)(ii) amended by No. 31/2021 s. 17(1)(b).

(ii) in the case of any other judge—of a judge other than the Chief Judge or the Deputy Chief Judge—

for the time being applicable pursuant to section 10.

Note to s. 14(2) inserted by No. 5/2013 s. 26(1).

See sections 12D and 12F as to pension entitlements and appointment as a reserve judge.

S. 14(2A) inserted by No. 22/1995
s. 23(2).

(2A) A judge who—

(a) had attained the age of 60 years when appointed as a judge; and

(b) has attained the age of 70 years—

is entitled, upon resignation or retirement from office to a pension payable fortnightly at the proportion of the rate of the pension that would have been payable if he or she had served 10 years that is equal to the proportion of 10 years served as a judge.

S. 14(2B) inserted by No. 22/1995
s. 23(2).

(2B) A judge who—

(a) had attained the age of 60 years when appointed as a judge; and

(b) has become afflicted with some permanent incapacity disabling him or her from the due execution of his or her office—

is entitled, upon resignation or retirement from office, to a pension payable fortnightly at the rate of the pension that would have been payable under subsection (2A) if he or she had served until attaining the age of 70 years.

S. 14(3) amended by Nos 7066 s. 3(b), 7973 s. 3(b), 8883 s. 2(b), 9468 s. 3(c), 23/2008 s. 10(2)(a)(b).

(3) Upon the death—

(a) of any judge under this Act or the County Court Act 1957; or

(b) of any person who was formerly a judge under this Act or a judge of county courts under the County Court Act 1928—

the partner of the judge shall until death or marriage or until the partner becomes the domestic partner of another person be entitled to a pension payable fortnightly at the rate of three-eighths of the annual salary for the time being payable—

(i) in the case of a chief judge or a former chief judge—of the Chief Judge; and

S. 14(3)(ia) inserted by No. 31/2021 s. 17(2)(a).

(ia) in the case of a deputy chief judge or a former deputy chief judge—of the Deputy Chief Judge; and

S. 14(3)(ii) amended by No. 31/2021 s. 17(2)(b).

(ii) in the case of any other judge or former judge—of a judge other than the Chief Judge or the Deputy Chief Judge.

S. 14(3) (Proviso) substituted by No. 23/2008 s. 10(2)(c).

Provided that no pension is payable to the partner of any former judge in any case where that partner married or became the domestic partner of the former judge after that judge's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the judge immediately prior to that judge's resignation or retirement.

S. 14(3AA) inserted by No. 9468 s. 3(d).

(3AA) Where there are eligible children of a deceased judge and no pension is otherwise payable under subsection (2) or (3) to or in respect of that judge there shall be paid to such person or persons as the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (3AB).

S. 14(3AB) inserted by No. 9468 s. 3(d), amended by No. 23/2008 s. 10(2)(a).

(3AB) The pension applicable to each eligible child shall be the amount of the pension that would be payable to the partner of the judge if the partner was entitled to a pension under this Part divided by four or the number of eligible children (whichever is the greater).

S. 14(3AC) inserted by No. 9468 s. 3(d), amended by No. 23/2008 s. 11.

(3AC) Eligible child in relation to a judge means a child adopted child or stepchild of the judge or his or her partner—

(a) who is under the age of 16 years; or

(b) who—

(i) has attained the age of 16 years but is under the age of 25 years; and

(ii) is receiving full-time education at a school college or university.

S. 14(3AD) inserted by No. 3/2016 s. 28(1).

(3AD) If a dual commission holder resigns the office of Chief Judge but continues in the office of Judge of the Supreme Court, that person is taken not to have resigned or retired from the office of Chief Judge for thepurposes of subsections (2), (2A) and(2B).

S. 14(3AE) inserted by No. 3/2016 s. 28(1).

(3AE) In the case of the death of a Chief Judge who is a dual commission holder, subsection (3) applies and section 83 of the Constitution Act 1975 does not apply.

S. 14(3AF) inserted by No. 3/2016 s. 28(1), amended by No. 1/2022 s. 37(1).

(3AF) If a dual commission holder as a judge of the County Court resigns the office of judge under this Act but continues in the office of Chief Magistrate, that person is taken not to have resigned or retired from the office of judge for the purposes of subsections (2), (2A) and (2B).

S. 14(3AG) inserted by No. 3/2016 s. 28(1), amended by No. 1/2022 s. 37(1).

(3AG) If a dual commission holder as a judge of the County Court simultaneously resigns the office of judge under this Act and the office of Chief Magistrate, that person is taken not to have resigned or retired from the office of judge for the purposes of subsections (2), (2A), and (2B), but section 10A of the Magistrates' Court Act 1989 may apply if the person would otherwise be entitled to a pension under that section.

S. 14(3AH) inserted by No. 3/2016 s. 28(1), amended by No. 1/2022 s. 37(2).

(3AH) In the case of the death of a Chief Magistrate who has been a dual commission holder as a judge of the County Court, subsection (3) does not apply and section 10A of the Magistrates' Court Act 1989 applies.

S. 14(3A) inserted by No. 7973 s. 3(c).

(3A) Unless the Governor in Council by Order published in the Government Gazette otherwise determines in any particular case the right of a judge to a pension under this section—

(a) shall cease upon his accepting appointment to any judicial office in or outside Victoria; and

S. 14(3A)(ab) inserted by No. 39/2003 s. 4(2), amended by No. 3/2005 s. 15(1).

(ab) 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 (5)(ac) or (5)(ad), was or could have been counted as service in the office of judge under this Act; and

(b) shall be suspended while—

(i) he holds any office or place of profit under the Crown in right of the Commonwealth or of a State; or

S. 14(3A)(b)(ii) amended by No. 35/1996
s. 453(Sch. 1 item 15.5(a) (b)).

(ii) 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. 14(4) amended by Nos 19/1989 s. 7(i), 19/2001 s. 12.

(4) All pensions under this section and any payments of lump sums provided by the commutation of those pensions shall be payable out of the Consolidated Fund which is hereby appropriated accordingly.

S. 14(5) amended by No. 63/2013 s. 70.

(5) For the purposes of this section and section 14AAA—

S. 14(5)(aa) inserted by No. 3/2005 s. 8,
amended by Nos 24/2008 s. 49(a), 5/2013 s. 26(2).

(aa) if, before the repeal of section 11 by the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, any judge or associate judge under this Act was immediately prior to his or her appointment—

(i) an acting judge of the court; or

(ii) an acting Judge of the Supreme Court—

his or her service as acting judge shall count as service in the office of judge or associate judge of the court (as the case may be);

(a) if any judge under this Act is or has been at any time after his appointment appointed to be an acting judge of the Supreme Court his service as an acting judge of the Supreme Court shall count as service in the office of judge under this Act but in the computation of pensions under this section the salary he was receiving immediately before his resignation retirement or death (as the case may be) shall in every case be deemed to be the salary then applicable to the office of judge under this Act;

S. 14(5)(ab) inserted by No. 43/1994
s. 54.

(ab) if any judge under this Act was immediately prior to his or her appointment Director of Public Prosecutions, Chief Crown Prosecutor or a Senior Crown Prosecutor, his or her service as Director of Public Prosecutions, Chief Crown Prosecutor or Senior Crown Prosecutor shall count as service in the office of judge under this Act;

S. 14(5)(aba) inserted by No. 68/2012 s. 8.

(aba) if any judge under this Act was, immediately prior to his or her appointment, the Chief Magistrate and his or her appointment as Chief Magistrate was made on or after 6 March 2001, his or her service as the Chief Magistrate shall count as service in the office of judge under this Act;

S. 14(5)(abb) inserted by No. 29/2015 s. 63(1).

(abb) if any judge under this Act was immediately prior to the judge's appointment Solicitor-General that person's service as Solicitor-General shall count as service in the office of judge under this Act;

S. 14(5)(ac) inserted by No. 39/2003 s. 4(3).

(ac) if any judge under this Act was immediately prior to his or her appointment—

S. 14(5)(ac)(i) amended by No. 68/2013 s. 11.

(i) a judge of the High Court of Australia or of a court created by the Parliament of the Commonwealth, other than the Federal Circuit Court of Australia; or

S. 14(5)(ac)(ii) amended by No. 29/2015 s. 63(2).

(ii) a judge of a court of another State or of the Northern Territory or the Australian Capital Territory, other than a Local Court, Magistrates' Court or equivalent court—

his or her service as such a judge shall count as service in the office of judge under this Act;

S. 14(5)(aca) inserted by No. 3/2016 s. 28(2).

(aca) if any judge under this Act was, immediately prior to the person's appointment, a Judge of the Supreme Court referred to in section 75(3) of the Constitution Act 1975, the person's service as a Judge of the Supreme Court shall count as service in the office of judge under this Act;

S. 14(5)(ad) inserted by No. 3/2005 s. 15(2).

(ad) if any judge under this Act was immediately prior to his or her appointment—

S. 14(5)(ad)(i) amended by No. 24/2008 s. 49(b)(i).

(i) a master or associate judge of the court; or

S. 14(5)(ad)(ii) amended by Nos 24/2008 s. 49(b)(ii), 29/2015 s. 63(3).

(ii) a Master of the Supreme Court or, an Associate Judge of the Supreme Court, or a master or an associate judge (however described) of a court of another State, the Northern Territory or the Australian Capital Territory, other than a Local Court, Magistrates' Court or equivalent court—

his or her service as such shall count as service in the office of judge under this Act;

S. 14(5)(ae) inserted by No. 28/2013 s. 6, amended by No. 31/2024 s. 113(Sch. 1 item 5.1).

(ae) if any judge under this Act was immediately prior to his or her appointment the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 or the Chief Integrity Inspector within the meaning of the Integrity Oversight Victoria Act 2011, his or her service as Commissioner or Chief Integrity Inspector, as the case requires, shall count as service in the office of judge under this Act;

S. 14(5)(af) inserted by No. 3/2016 s. 28(3).

(af) the Chief Judge who is a dual commission holder is taken to not hold the office of Judge of the Supreme Court during the period of being a dual commission holder when counting service in the office of judge under this Act;

S. 14(5)(ag) inserted by No. 3/2016 s. 28(3), amended by No. 1/2022 s. 37(3).

(ag) if a judge under this Act has been a dual commission holder as Chief Magistrate, the person's service in the office of Chief Magistrate, whilst a dual commission holder, shall count as service in the office of judge;

S. 14(5)(ah) inserted by No. 3/2016 s. 28(3), amended by No. 1/2022 s. 37(3).

(ah) if a judge under this Act has been a dual commission holder as Chief Magistrate, the judge is taken to not hold the office of judge during the period of holding the dual commission when counting service in the office of judge;

(b) any reference to a judge under this Act or the County Court Act 1957 or under the County Court Act 1928 shall not be deemed to include a reference to a deputy judge or an acting judge.

S. 14(6) repealed by No. 7985 s. 2(1), new s. 14(6) inserted by No. 30/2005 s. 5.

(6) For the purposes of subsection (5)(ab), if a judge under this Act who immediately prior to his or her appointment held the office of Director of Public Prosecutions, Chief Crown Prosecutor or a Senior Crown Prosecutor (a relevant office) had also held another one or two of those relevant offices immediately prior to, or successively prior to, his or her appointment to the last relevant office held by him or her, then his or her service in that other relevant office or those other relevant offices counts as service in the last of the relevant offices held by him or her.

S. 6A inserted by No. 29/2015 s. 63(4).

(6A) Without limiting subsection (6), for the purposes of subsections (5) and (6), if a judge under this Act who held a recognised service office immediately prior to the judge's appointment had also held another one or more recognised service offices immediately prior to, or successively prior to, that person's appointment to the last recognised service office held by that person, then that person's service in that other recognised service office or those other recognised service offices counts as service in the last recognised service office held by that person.

S. 6B inserted by No. 29/2015 s. 63(4).

(6B) For the purposes of this section—

recognised service office means an office specified in subsection (5) or (6) as counting as service in the office of judge under this Act.

S. 14(7) inserted by No. 23/2008 s. 12.

(7) For the purpose of regulation 65 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth, the Minister on the advice of an actuary appointed by the Minister may from time to time determine the accrued benefit multiple.

S. 14(8) inserted by No. 23/2008 s. 12, amended by No. 38/2009 s. 21(1).

(8) Subject to subsections (12) and (13), the Minister must comply with subsections (10) and (11) if—

is served on the Minister under Part VIIIB or VIIIAB of the Family Law Act 1975 of the Commonwealth.

S. 14(9) inserted by No. 23/2008 s. 12.

(9) Subsections (10) and (11) also apply to—

which was served on the Minister under Part VIIIB of the Family Law Act 1975 of the Commonwealth before the commencement of section 9 of the Constitution Amendment (Judicial Pensions) Act 2008 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.

S. 14(9A) inserted by No. 38/2009 s. 21(2), amended by No. 38/2017 s. 79(1).

(9A) This section also applies to—

which was served on the Minister under Part VIIIAB of the Family Law Act 1975 of the Commonwealth before the commencement of section 21 of the Superannuation Legislation Amendment Act 2009 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.

S. 14(10) inserted by No. 23/2008 s. 12.

(10) If the non-member spouse has not satisfied a relevant condition of release and the member spouse is not receiving a pension under this Act, the Minister must if the value of the non-member spouse's entitlement in respect of the superannuation interest at the particular time does not exceed the value of the member spouse's interest in the Fund—

(a) transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible superannuation plan nominated in writing by the non-member spouse within the specified period; or

(b) if the non-member spouse fails to nominate in writing an eligible superannuation plan within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible rollover fund selected by the Minister.

S. 14(11) inserted by No. 23/2008 s. 12.

(11) If the non-member spouse has satisfied a relevant condition of release or the member spouse is receiving a pension under this Act, the Minister must if the value of the non-member spouse's entitlement in respect of the superannuation interest at the particular time does not exceed the value of the member spouse's interest in the Fund—

(a) if so requested in writing by the non-member spouse within the specified period, pay the non-member spouse a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment; or

(b) if so requested in writing by the non-member spouse within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible superannuation plan nominated in writing by the non-member spouse; or

(c) if no request is received from the non-member spouse within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible rollover fund selected by the Minister.

S. 14(12) inserted by No. 23/2008 s. 12.

(12) Subsections (10) and (11) do not apply if—

(a) the member spouse's superannuation interest is an unsplittable interest; or

(b) a payment flag is operating in respect of the member spouse's superannuation interest; or

(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. 14(13) inserted by No. 23/2008 s. 12.

(13) 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 (10) and (11) do not apply.

S. 14(14) inserted by No. 23/2008 s. 12.

(14) 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. 14(15) inserted by No. 23/2008 s. 12.

(15) Despite anything to the contrary in this Act, if under subsection (10), (11) or (14) an amount is paid by the Minister to a non-member spouse or transferred by the Minister on behalf of a non-member 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. 14(16) inserted by No. 23/2008 s. 12.

(16) 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. 14(17) inserted by No. 23/2008 s. 12.

(17) 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 (10), (11) or (14).

S. 14(18) inserted by No. 23/2008 s. 12.

(18) 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 (16).

S. 14(19) inserted by No. 23/2008 s. 12.

(19) Fees charged under subsection (18) 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.

S. 14(20) inserted by No. 23/2008 s. 12.

(20) If the Minister charges a fee under subsection (18), the fee is payable—

(a) unless paragraph (b) applies, in the case of subsection (18)(a), (18)(b), (18)(c), (18)(d) or (18)(f), by the member spouse and the non-member spouse in equal parts;

(b) if the fee is in respect of a payment split under which the non-member spouse is entitled to be paid the whole of the amount of each splittable payment that becomes payable, by the non-member spouse;

(c) in the case of subsection (18)(e) or (18)(g), by the person who made the application.

S. 14(21) inserted by No. 23/2008 s. 12.

(21) For the purposes of this section, the Minister may, with such modifications as are necessary, adopt any specified standards made by Order in Council under section 92A of the State Superannuation Act 1988 for the purposes of Part 7A of that Act.

S. 14(22) inserted by No. 40/2010 s. 108.

(22) For the purposes of subsection (3), the definition of partner as substituted by section 107 of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement to a pension of a partner of a judge or former judge only if the death of the judge or former judge occurs on or after the commencement of the substituting section.

S. 14(23) inserted by No. 16/2016 s. 193.

(23) For the purposes of this section, a reference to the resignation or retirement of a judge includes a reference to the removal of a judge from office by the Governor in Council under section 87AAB of the Constitution Act 1975 on the ground of proved incapacity if both Houses of the Parliament pray for the removal solely on the ground of proved incapacity.

S. 14(24) inserted by No. 16/2016 s. 193.

(24) A removal referred to in subsection (23) is taken to be a resignation or retirement due to the judge having become afflicted with some permanent incapacity disabling the judge from the due execution of the judge's office.

S. 14AAA inserted by No. 63/2013 s. 71.

14AAA Effect of part-time service arrangement on judicial pensions

(1) If a judge has served under a part-time service arrangement, his or her pension under section 14, and any pension payable in relation to the judge's partner or eligible children under that section, is reduced by multiplying the amount of the pension by the relevant factor determined under subsection (2) or (3).

(2) Subject to subsection (3), the factor for the purposes of subsection (1) is the highest of—

(a) the proportion of service that occurs during the period when the judge served in the office of judge;

(b) if the judge is eligible for a pension under section 14(2)(a), the proportion of service that occurs within the 10 year period immediately before the judge's retirement or resignation;

(c) if the judge is eligible for a pension under section 14(2)(b), the proportion of service that occurs in the periods in office that—

(i) involve the highest proportion of full‑time duties; and

(ii) cumulatively total 20 years.

(3) If a judge continues service in office beyond the date on which he or she would qualify for a pension and a higher factor would have been calculated under subsection (2) if the judge's period of office had ended on a date between that date of qualification and the date the judge actually resigns or retires, that higher factor is the factor by which the pension must be multiplied under subsection (1).

judicial service means the sum of—

(a) all part-time service performed by the judge calculated by reference to the proportion of full-time duties specified by each part-time service arrangement; and

(b) all full-time service performed by the judge;

proportion of service means the judicial service during the relevant period divided by the relevant period.

Judge A is appointed at the age of 55 and retires after 15 years at the age of 70. Judge A serves a combination of full-time and part-time service as follows—

(a) first 8 years as a judge is part-time service at 0∙8 of full-time service;

(b) next 7 years as a judge is full-time service.

At the time of Judge A's retirement, the period that Judge A served in the office of judge under subsection (2)(a) was 15 years and the proportion of service during that period was 13∙4 years (i.e. 8 × 0∙8 + 7). In the 10 year period immediately before Judge A's retirement, the proportion of service was 9∙4 years (i.e. 3 × 0∙8 + 7).

The proportion of service under subsection (2)(a) is 0∙893 (i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94
(i.e. 9∙4 ÷ 10) and these are the relevant factors. Subsection (3) does not alter the relevant factor in this case.

The highest proportion of service is 0∙94, which is the relevant factor. Judge A will therefore receive 94∙0% of a full judicial pension.

S. 14AA inserted by No. 19/2001 s. 13.

14AA Election of County Court judges to commute future pensions for payment of superannuation contributions surcharge

S. 14AA(1) amended by No. 23/2008 s. 10(3).

(1) A judge may elect in writing to the Minister to have part of his or her future pension entitlement and that of his or her partner or eligible child, if any, under this Act commuted to provide a lump sum for the purposes of payment of the whole of the liability for the superannuation contributions surcharge arising because of the entitlement of the judge or his or her partner or eligible child to receive a pension under this Act.

(2) A judge may by notice in writing to the Minister revoke his or her election under subsection (1).

S. 14AB inserted by No. 19/2001 s. 13.

14AB Actuary's first calculation after election of judges to commute pensions

(1) If an election under section 14AA is in operation, within 10 days after the day on which a judge resigns, retires or dies while in office, the Minister must—

S. 14AB(1)(a) amended by No. 23/2008 s. 10(3).

(a) cause an actuary to determine the extent to which the former judge's pension and any future entitlement of the judge's partner or eligible child to a pension upon the judge's death otherwise payable under this Act will be reduced subject to subsection (4) and taking into account the lump sum to be provided by the commutation of part of the judge's total pension entitlement and that of his or her partner or eligible child at the time at which the former judge became entitled to his or her pension for the purposes of payment of the whole of the liability for the superannuation contributions surcharge; and

S. 14AB(1)(b) amended by No. 23/2008 s. 10(3).

(b) notify the former judge 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. 14AB(2) amended by No. 23/2008 s. 10(3).

(2) A former judge or, if he or she has died, the former judge's partner or eligible child may revoke the election under section 14AA within 10 days after the Minister's notification under subsection (1)(b).

S. 14AB(3) amended by No. 23/2008 s. 10(3).

(3) If an election under section 14AA is in operation, the former judge'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. 14AB(4)(b) amended by No. 23/2008 s. 10(3).

(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

(d) each reduction must be applied from the entitlement day according to paragraph (a) or (b).

S. 14AC inserted by No. 19/2001 s. 13.

14AC Actuary's second calculation after election of the judges to commute pensions and payment of lump sums

S. 14AC(1) amended by No. 23/2008 s. 10(3)(4).

(1) If an election under section 14AA is in operation, a former judge or, if he or she has died, the judge's partner or eligible child must, within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the judge's pension or his or her partner's or eligible child's pension, lodge with the Minister—

S. 14AC(1)(a) amended by No. 23/2008 s. 10(3).

(a) a notice that authorises the Minister to pay the lump sum that is equal to the superannuation contributions surcharge on behalf of the former judge or his or her partner or eligible child to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and

(b) a copy of the superannuation contributions surcharge notice.

(2) Within 10 days after the day on which the Minister received the authorisation and a copy of the superannuation contributions surcharge notice under subsection (1), the Minister must cause an actuary—

(a) to review the determination made under section 14AB(1); and

S. 14AC(2)(b) amended by No. 23/2008 s. 10(3).

(b) subject to section 14AB(4), make any necessary adjustments to the determination and to the pension payable to the former judge and to any future entitlement of the former judge's partner or eligible child to a pension upon the judge's death.

(3) If an election under section 14AA 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. 14AD inserted by No. 19/2001 s. 13.

14AD Election of former judges to commute pensions for payment of superannuation contributions surcharge

S. 14AD(1) amended by No. 23/2008 s. 10(3).

(1) If no election under section 14AA is in operation, a former judge 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.

S. 14AD(2)(a) amended by No. 23/2008 s. 10(4).

(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'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. 14AD(2)(c) amended by No. 23/2008 s. 10(3).

(c) authorise the Minister to pay the lump sum on behalf of the former judge or his or her partner or eligible child to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and

S. 14AE inserted by No. 19/2001 s. 13.

14AE Actuary's calculation after former judges' election to commute pensions

(1) If an election under section 14AD is in operation, the Minister must within 10 days after the day on which the Minister received the election—

S. 14AE(1)(a) amended by No. 23/2008 s. 10(3).

(a) cause an actuary to determine the extent to which a former judge's pension and any future entitlement of the partner or eligible child of the former judge to a pension upon the judge's death otherwise payable under this Act will be reduced subject to section 14F(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pensions; and

S. 14AE(1)(b) amended by No. 23/2008 s. 10(3).

(b) notify the former judge 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. 14AE(2) amended by No. 23/2008 s. 10(3).

(2) A former judge or, if he or she has died, the former judge's partner or eligible child may revoke the election under section 14AD within 10 days after the Minister's notification under subsection (1)(b).

S. 14AF inserted by No. 19/2001 s. 13.

14AF Payment and commutation of pensions of former judges

(1) If an election under section 14AD 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. 14AF(2) amended by No. 23/2008 s. 10(3).

(2) The former judge's pension and any future entitlement of the 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 section 14AE in consequence of the payment of the lump sum.

(3) For the purposes of section 14AE—

(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. 14AF(3)(b) amended by No. 23/2008 s. 10(3).

(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 or retired; 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

(d) the reduction must be applied from the day of payment of the lump sum under subsection (1).

S. 14AG (Heading) amended by No. 23/2008 s. 10(5).

S. 14AG inserted by No. 19/2001 s. 13.

14AG Election of judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge

S. 14AG(1) amended by No. 23/2008 s. 10(3).

(1) If no election made under section 14AA or 14AD is in operation, a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge may elect to have part of his or her pension 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 to receive a pension under this Act or the entitlement of the deceased former judge's partner or eligible child to receive a pension under this Act.

S. 14AG(2)(a) amended by No. 23/2008 s. 10(4).

(a) be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the deceased former judge'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 pension; and

S. 14AG(2)(c) amended by No. 23/2008 s. 10(3).

(c) authorise the Minister to pay the lump sum on behalf of the person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and

S. 14AH (Heading) amended by No. 23/2008 s. 10(5).

S. 14AH inserted by No. 19/2001 s. 13.

14AH Actuary's calculation of reduction of pensions of judges' partners and eligible children

(1) If an election is made under section 14AG, the Minister must within 10 days after the day on which the Minister received the election—

S. 14AH(1)(a) amended by No. 23/2008 s. 10(3).

(a) cause an actuary to determine the extent to which the pension of a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge otherwise payable under this Act will be reduced subject to section 14AI(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pension; and

(b) notify the person of the actuary's determination under subsection (1)(a).

S. 14AH(2) amended by No. 23/2008 s. 10(3).

(2) A person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge may revoke his or her election under section 14AG within 10 days after the Minister's notification under subsection (1)(b).

S. 14AI (Heading) amended by No. 23/2008 s. 10(5).

S. 14AI inserted by No. 19/2001 s. 13.

14AI Payment and commutation of pensions of former judges' partners and eligible children

(1) If an election under section 14AG 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. 14AI(2) amended by No. 23/2008 s. 10(3).

(2) On payment of the lump sum, the pension of a person entitled to receive a pension as the partner or eligible child of the deceased former judge otherwise payable from time to time under this Act must be reduced to the extent determined under section 14AH.

(3) For the purposes of section 14AH—

S. 14AI(3)(a) amended by No. 23/2008 s. 10(3).

(a) the reduction of any future entitlement of the judge's partner or eligible child to a pension must not exceed 15% of—

S. 14AI(3)(a)(i) amended by No. 23/2008 s. 10(3).

(i) an amount equal to the total pension entitlement of the judge and his or her partner and eligible children on the day on which the judge resigned or retired; or

S. 14AI(3)(a)(ii) amended by No. 23/2008 s. 10(4).

(ii) in the case of the judge's death while in office, an amount equal to his or her partner's and eligible children's total pension entitlement on the day on which the judge 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).

S. 14A inserted by No. 85/1987 s. 3(a).

14A Appointment of judicial members of Liquor Control Commission as judges

(1) This section applies to a person who immediately before the commencement of section 3(a) of the Courts (Amendment) Act 1987 was a judicial member of the Liquor Control Commission constituted under the Liquor Control Act 1968.

(2) If a person to whom this section applies is appointed as a judge of the County Court, that person's service as a judicial member of the Liquor Control Commission counts, for the purposes of section 14, as service in the office of judge under this Act.

No. 6117 s. 15.

S. 15 (Heading) amended by No. 63/2013 s. 34(1).

S. 15 amended by No. 19/1989 s. 7(j)(i)–(iii), substituted by No. 24/2008 s. 50, amended by No. 63/2013 s. 34(2) (ILA s. 39B(1)).

15 Power to exercise functions of judge or associate judge by another and constitution of court in certain circumstances

(1) Despite anything in any Act, any power, duty or act which might have been exercised or performed by any judge or associate judge but for—

(a) his or her having ceased for any reason to be a judge or associate judge; or

(b) his or her absence on leave or vacation or in consequence of sickness or otherwise—

shall be exercisable or performable by any other judge or associate judge (as the case requires).

S. 15(2) inserted by No. 63/2013 s. 34(2).

(2) For the avoidance of doubt, for the purpose of completion of any matter whether under section 12H or 17KI or otherwise, the court may be constituted or continue to be constituted by a reserve judge who is a judge or a reserve associate judge who is an associate judge without reconstitution of the court despite any interruption in continuity of that person's tenure, appointment or engagement.

S. 16 amended by No. 6891 s. 4, repealed by No. 3/2005 s. 7.

S. 16A inserted by No. 9957 s. 2, repealed by No. 3/2005 s. 7.

No. 6117 s. 17.

S. 17 amended by No. 8625 s. 6.

17 Appointment of judges temporarily or during pleasure valid

All commissions of appointment of qualified persons as judges or as deputy judges, to hold office or to act temporarily or during pleasure made before the commencement of this Act shall be and shall be held in all courts to be and to have been valid and effectual notwithstanding any existing Act or law to the contrary and all commissions of appointment of qualified persons as judges or as acting judges, to hold office or to act temporarily or during pleasure to be made after the said commencement shall be and shall be held in all courts to be valid and effectual notwithstanding any existing Act or law to the contrary.

Pt 1 Div. 3AA (Heading and s. 17AAA) inserted by No. 24/2007 s. 4.

Division 3AA—Professional development and training

S. 17AAA inserted by No. 24/2007 s. 4.

17AAA Professional development and training

(1) In this section—

S. 17AAA(1) def. of
judicial officer amended by Nos 24/2008 s. 51, 34/2010 s. 31, 5/2013 s. 27, 63/2013 s. 35, 3/2016 s. 29, 1/2022 s. 38.

judicial officer means—

(a) a judge including a reserve judge; or

(b) an associate judge including a reserve associate judge; or

(c) a judicial registrar.

(2) The Chief Judge is responsible for directing the professional development and continuing education and training of judicial officers.

(3) In discharging his or her responsibility under subsection (2) the Chief Judge may direct—

(a) all judicial officers; or

(b) a specified class of judicial officer; or

(c) a specified judicial officer—

to participate in a specified professional development or continuing education and training activity.

(4) A direction under subsection (3) may be given orally or in writing.

Pt 1 Div. 3A (Heading and s. 17A) inserted by No. 10117 s. 4(1).

Pt 1 Div. 3A (Heading) amended by No. 24/2008 s. 52.

Division 3A—Associate judges

S. 17A inserted by No. 10117 s. 4(1), amended by Nos 16/1986 s. 8(c), 19/1989 s. 7(k), 64/1990 s. 5, 22/1995 s. 24, 46/1998 s. 7(Sch. 1), 31/2004 s. 11, 108/2004 s. 117(1)(Sch. 3 item 47), 16/2005 s. 7(3)(4), 18/2005 s. 18(Sch. 1 item 25.3), substituted by No. 24/2008 s. 53.

17A Associate judges

(1) The Governor in Council may appoint one or more persons to be associate judges of the court.

(2) An associate judge ceases to hold office only—

(a) if he or she resigns by delivering to the Governor a signed letter of resignation; or

(b) if he or she is removed from office by the Governor in Council in accordance with Part IIIAA of the Constitution Act 1975; or

(c) if his or her office is abolished; or

(d) if he or she is not capable of continuing in office because of subsection (5).

(3) A person must not be appointed as an associate judge unless the person—

(a) is or has been a judge, an associate judge or a magistrate of—

(i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or

(ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or

(b) is an Australian lawyer of at least 5 years' standing.

(4) An associate judge—

(a) is entitled to such salaries and allowances as are from time to time payable under section 17AA; and

(b) is not subject to the Public Administration Act 2004.

(5) A person who has attained the age of 70 years is not capable of being appointed to or continuing in office as an associate judge.

S. 17ABA inserted by No. 24/2008 s. 54.

17ABA Functions of associate judges

(1) The Chief Judge may assign duties to an associate judge.

(2) An associate judge must carry out the duties from time to time assigned to him or her under subsection (1).

(3) Without limiting subsection (1), an associate judge must—

(a) assist in the general business of the court; and

(b) perform such duties and exercise such powers and authorities as are imposed or conferred on the associate judge by or under this Act or any other Act or by the Rules.

S. 17AA (Heading) inserted by No. 24/2008 s. 55(1), amended by No. 29/2015 s. 82(1).

S. 17AA inserted by No. 22/1995
s. 25.

17AA Salaries, allowances and conditions of service of associate judges

S. 17AA(1) amended by No. 4/2002 s. 12(3)(c), substituted by No. 38/2004 s. 13(4), amended by Nos 24/2008 s. 55(2)(a), 63/2013 s. 72(1), 29/2015 s. 82(2).

(1) Each associate judge of the court shall be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015.

Note to s. 17AA(1) inserted by No. 29/2015 s. 82(3).

See section 5 of the Judicial Entitlements Act 2015 for the rates of salaries, including pro-rata salaries of associate judges to whom a part-time service arrangement applies.

S. 17AA(1A) inserted by No. 63/2013 s. 72(2), repealed by No. 29/2015 s. 82(4).

S. 17AA(2) amended by No. 4/2002 s. 12(3)(c), substituted by No. 38/2004 s. 13(5), amended by No. 24/2008 s. 55(2)(a), substituted by No. 29/2015 s. 82(5).

(2) Each associate judge is entitled to the allowances and the other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015.

S. 17AA(2A) inserted by No. 83/2008 s. 9(1), amended by No. 83/2008 s. 10, repealed by No. 29/2015 s. 82(6)(a).

S. 17AA(2B) inserted by No. 83/2008 s. 9(1), repealed by No. 29/2015 s. 82(6)(a).

S. 17AA(2C) inserted by No. 83/2008 s. 9(1), amended by No. 83/2008 s. 10(a), repealed by No. 29/2015 s. 82(6)(a).

S. 17AA(2D) inserted by No. 83/2008 s. 9(1), repealed by No. 29/2015 s. 82(6)(a).

S. 17AA(3) amended by No. 24/2008 s. 55(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. 17AA(3A) inserted by No. 83/2008 s. 9(2), amended by No. 83/2008 s. 10(c), repealed by No. 29/2015 s. 82(6)(b).

S. 17AA(4) substituted by No. 1/2000 s. 4(3).

(4) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

S. 17AA(4)(a) amended by Nos 83/2008 s. 9(3), 29/2015 s. 64(1)(a).

(a) the amounts (including the amount of any non-salary benefits) payable to or for an associate judge; and

S. 17AA(4)(b) amended by Nos 24/2008 s. 55(2)(b), 67/2013 s. 649(Sch. 9 item 8(3)).

(b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of the associate judges; and

S. 17AA(4)(c) amended by Nos 26/2007 s. 109, 24/2008 s. 55(2)(b).

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to the associate judges; and

S. 17AA(4)(d) amended by Nos 24/2008 s. 55(2)(b), 29/2015 s. 64(1)(b).

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the associate judges; and

S. 17AA(4)(e) inserted by No. 29/2015 s. 64(1)(c).

(e) superannuation contributions and payments, if applicable, that are payable.

S. 17AA(5) inserted by No. 83/2008 s. 9(4), repealed by No. 29/2015 s. 82(6)(b).

S. 17AA(6) inserted by No. 83/2008 s. 9(4), repealed by No. 29/2015 s. 82(6)(b).

S. 17AA(7) inserted by No. 83/2008 s. 9(4), amended by No. 29/2015 s. 64(2).

(7) In this section (2A) non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.

S. 17B (Heading) inserted by No. 23/2008 s. 13(1), amended by No. 24/2008 s. 56(1).

S. 17B inserted by No. 64/1990 s. 6.

17B Pension entitlements of associate judges, their partners and children

S. 17B(1) amended by No. 24/2008 s. 56(2)(a)(i).

(1) An associate judge who—

S. 17B(1)(a) substituted by No. 22/1995
s. 26(1).

(a) has attained—

(i) the age of 65 years; or

S. 17B(1)(a)(ii) amended by No. 24/2008 s. 56(2)(a)(ii).

(ii) in the case of an associate judge who was appointed as a master before the commencement of section 26 of the Judicial Remuneration Tribunal Act 1995, the age of 60 years—

and has held office for at least 10 years; or

S. 17B(1)(aa) inserted by No. 22/1995
s. 26(1).

(aa) has held office for at least 20 years; or

(b) was appointed while under the age of 60 and has become afflicted with a permanent incapacity that disables him or her from the due execution of the office—

is, on resignation or retirement, entitled to a pension payable fortnightly at the annual rate of 60% of the annual salary for the time being applicable to his or her former office.

Note to s. 17B(1) inserted by No. 63/2013 s. 36(1).

See sections 17KA and 17KE as to pension entitlements and appointment as a reserve associate judge.

S. 17B(1A) inserted by No. 22/1995
s. 26(2), amended by No. 24/2008 s. 56(2)(b).

(1A) An associate judge who—

S. 17B(1A)(a) amended by No. 24/2008 s. 56(2)(b)(ii).

(a) had attained the age of 60 years when appointed as an associate judge; and

(b) has attained the age of 70 years—

is, on resignation or retirement, entitled to a pension payable fortnightly at the proportion of the rate of the pension that would have been payable if he or she had held office for 10 years that is equal to the proportion of 10 years during which he or she held office as an associate judge.

S. 17B(1B) inserted by No. 22/1995
s. 26(2), amended by No. 24/2008 s. 56(2)(c)(i).

(1B) An associate judge who—

S. 17B(1B)(a) amended by No. 24/2008 s. 56(2)(c)(ii).

(a) had attained the age of 60 years when appointed as an associate judge; and

(b) has become afflicted with a permanent incapacity that disables him or her from the due execution of the office—

is, on resignation or retirement, entitled to a pension payable fortnightly at the rate of the pension that would have been payable under subsection (1A) if he or she had held office until attaining the age of 70 years.

S. 17B(2) amended by Nos 23/2008 s. 13(2)(a)(b), 24/2008 s. 56(2)(d).

(2) On the death of an associate judge, a former associate judge or a former master his or her partner is, until death or marriage or until the partner becomes the domestic partner of another person, entitled to a pension payable fortnightly at the annual rate of 3/8ths of the annual salary for the time being applicable to the former office of the associate judge, former associate judge or the office of associate judge that is equivalent to the former office of the former master, as the case requires.

S. 17B(3) amended by Nos 23/2008 s. 13(2)(a)(c), 24/2008 s. 56(2)(e).

(3) A pension is not payable under subsection (2) to the partner of an associate judge, a former associate judge or former master where the marriage took place or the domestic partnership was entered into after the associate judge's or former master's resignation or retirement.

S. 17B(4) amended by No. 24/2008 s. 56(2)(f).

(4) On the death of an associate judge, a former associate judge or a former master in respect of whom no pension is payable under subsection (2) any eligible child of the associate judge, former associate judge or former master is entitled to a pension payable fortnightly at the annual rate set out in subsection (2) divided by 4 or the number of eligible children, whichever is the greater.

S. 17B(5) amended by Nos 23/2008 s. 14, 24/2008 s. 56(2)(g).

(5) An eligible child of an associate judge, a former associate judge or former master is a child, adopted child or stepchild of the associate judge, former associate judge or former master or his or her partner—

(a) who is under the age of 16; or

(b) who is over the age of 16 but under the age of 25 and receiving full-time education at a school, college or university.

(6) A pension payable under subsection (4) shall be paid to such person or persons as the Attorney-General directs.

S. 17B(7) amended by No. 24/2008 s. 56(2)(h).

(7) The right of a former master or former associate judge to a pension under this section—

(a) ceases if he or she accepts appointment to a judicial office in or outside Victoria;

(b) is suspended while—

(i) he or she holds an office or place of profit under the Crown in right of the Commonwealth or of a State; or

S. 17B(7)(b)(ii) amended by No. 35/1996
s. 453(Sch. 1 item 15.6
(a)–(c)).

(ii) he or she is engaged in legal practice in any State or Territory of the Commonwealth or is employed by a legal practitioner in connection with the practitioner's legal practice in any such State or Territory.

S. 17B(8) amended by No. 63/2013 s. 36(2).

(8) Subject to subsection (8A), subsection (7) applies unless the Governor in Council by Order otherwise determines in any particular case.

S. 17B(8A) inserted by No. 63/2013 s. 36(3).

(8A) Subsection (7) does not apply to a reserve associate judge.

S. 17B(9) amended by No. 24/2008 s. 56(2)(i).

(9) An associate judge retires for the purposes of this section only if he or she ceases to hold office in the circumstances described in section 17A(2)(d).

(10) This section does not apply to or in relation to a master who resigned or retired before the commencement of section 6 of the Courts (Amendment) Act 1990.

S. 17B(10A) inserted by No. 23/2008 s. 15.

(10A) Subsections (7) to (21) of section 14 apply with such modifications as are necessary to and in respect of a pension under this section in the same circumstances and to the same extent as those subsections apply to and in respect of a pension under section 14.

S. 17B(11) amended by No. 19/2001 s. 14.

(11) Pensions under this section and any payments of lump sums provided by the commutation of those pensions are payable out of the Consolidated Fund which is appropriated to the necessary extent.

S. 17B(12) inserted by No. 24/2008 s. 56(3).

(12) For the purposes of this section, service as a master before the commencement of section 53 of the Courts Legislation Amendment (Associate Judges) Act 2008 shall count as service as an associate judge.

S. 17B(12A) inserted by No. 29/2015 s. 65.

(12A) For the purposes of this section, if any associate judge was immediately prior to the associate judge's appointment the holder of a recognised service office, the person's service in the recognised service office shall count as service as an associate judge.

S. 17B(12B) inserted by No. 29/2015 s. 65.

(12B) Without limiting subsection (12A), if an associate judge who held a recognised service office immediately prior to the associate judge's appointment had also held another one or more recognised service offices immediately prior to, or successively prior to, that person's appointment to the last recognised service office held by that person, then that person's service in that other recognised service office or those other recognised service offices counts as service in the last recognised service office held by that person.

S. 17B(12C) inserted by No. 29/2015 s. 65.

(12C) For the purposes of this section—

S. 17B(12C) def. of recognised service office amended by No. 31/2024 s. 113(Sch. 1 item 5.2).

recognised service office means the following offices—

(a) judge (however described) of a court of another State, the Northern Territory or the Australian Capital Territory (other than a Local Court, Magistrates' Court or equivalent court or the Federal Circuit Court of Australia);

(b) Chief Magistrate where the appointment as Chief Magistrate was made on or after 6 March 2001;

(c) master or associate judge (however described) of a court of another State, the Northern Territory or the Australian Capital Territory (other than a Local Court, Magistrates' Court or equivalent court or the Federal Circuit Court of Australia);

(d) Solicitor-General;

(e) Director of Public Prosecutions;

(f) Chief Crown Prosecutor;

(g) Senior Crown Prosecutor;

(h) the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;

(i) the Chief Integrity Inspector within the meaning of the Integrity Oversight Victoria Act 2011.

S. 17B(13) inserted by No. 24/2008 s. 56(3).

(13) In this section, former master means a master who resigned, retired or died before the commencement of section 56 of the Courts Legislation Amendment (Associate Judges) Act 2008.

S. 17B(14) inserted by No. 16/2016 s. 194.

(14) For the purposes of this section, a reference to the resignation or retirement of an associate judge includes a reference to the removal of an associate judge from office by the Governor in Council under section 87AAB of the Constitution Act 1975 on the ground of proved incapacity if both Houses of the Parliament pray for the removal solely on the ground of proved incapacity.

S. 17B(15) inserted by No. 16/2016 s. 194.

(15) A removal referred to in subsection (14) is taken to be a resignation or retirement due to the associate judge having become afflicted with some permanent incapacity disabling the associate judge from the due execution of the associate judge's office.

S. 17BA inserted by No. 63/2013 s. 73.

17BA Effect of part-time service arrangement on pensions of associate judges

(1) If an associate judge has served under a part-time service arrangement, his or her pension under section 17B, and any pension payable in relation to the associate judge's partner or eligible children under that section, is reduced by multiplying the amount of the pension by the relevant factor determined under subsection (2) or (3).

(2) Subject to subsection (3), the factor for the purposes of subsection (1) is the highest of—

(a) the proportion of service that occurs during the period when the associate judge served in the office of associate judge;

(b) if the associate judge is eligible for a pension under section 17B(1)(a), the proportion of service that occurs within the 10 year period immediately before the associate judge's retirement or resignation;

(c) if the associate judge is eligible for a pension under section 17B(1)(aa), the proportion of service that occurs in the periods in office that—

(i) involve the highest proportion of full-time duties; and

(ii) cumulatively total 20 years.

(3) If an associate judge continues service in office beyond the date on which he or she would qualify for a pension and a higher factor would have been calculated under subsection (2) if the associate judge's period of office had ended on a date between that date of qualification and the date the associate judge actually resigns or retires, that higher factor is the factor by which the pension must be multiplied under subsection (1).

judicial service means the sum of—

(a) all part-time service performed by the associate judge calculated by reference to the proportion of full time duties specified by each part-time service arrangement; and

(b) all full-time service performed by the associate judge;

proportion of service means the judicial service during the relevant period divided by the relevant period.

Associate Judge A is appointed at the age of 55 and retires after 15 years at the age of 70. Associate Judge A serves a combination of full-time and part-time service as follows—

(a) first 8 years as an associate judge is part-time service at 0∙8 of full-time service;

(b) next 7 years as an associate judge is full-time service.

At the time of Associate Judge A's retirement, the period that Associate Judge A served in the office of associate judge under subsection (2)(a) was 15 years and the proportion of service during that period was 13∙4 years
(i.e. 8 × 0∙8 + 7). In the 10 year period immediately before Associate Judge A's retirement, the proportion of service was 9∙4 years (i.e. 3 × 0∙8 + 7).

The proportion of service under subsection (2)(a) is 0∙893 (i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94
(i.e. 9∙4 ÷ 10) and these are the relevant factors.
Subsection (3) does not alter the relevant factor in this case.

The highest proportion of service is 0∙94, which is the relevant factor. Associate Judge A will therefore receive 94∙0% of a full associate judge's pension.

S. 17C (Heading) amended by No. 24/2008 s. 57(1).

S. 17C

17C Election of associate judges to commute future pensions for payment of superannuation contributions surcharge

S. 17C(1) amended by Nos 23/2008 s. 13(3), 24/2008 s. 57(2)(a).

(1) An associate judge may elect in writing to the Minister to have part of his or her future pension entitlement and that of his or her partner or eligible child, if any, under this Act commuted to provide a lump sum for the purposes of payment of the whole of the liability for the superannuation contributions surcharge arising because of the entitlement of the associate judge or his or her partner or eligible child to receive a pension under this Act.

S. 17C(2) amended by No. 24/2008 s. 57(2)(b).

(2) An associate judge may by notice in writing to the Minister revoke his or her election under subsection (1).

S. 17D (Heading) amended by No. 24/2008 s. 58(1).

S. 17D