3Definitions

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 of *action* amended by Nos 7705 s. 9(b)(i), 9007 s. 2(a)(i), substituted by No. 16/1986 s. 11(1)(a), repealed by No. 19/1989 s. 5(c).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 of *Australian lawyer* inserted by No. 18/2005 s. 18(Sch. 1 item 25.1), repealed by No. 17/2014 s. 160(Sch. 2 item 26.1(a)).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 of *Chairman* repealed by No. 8625 s. 2(a).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 of *counsel* repealed by No. 35/1996 s. 453(Sch. 1 item 15.1).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.