Court Services Victoria Act 2014

This Act establishes Court Services Victoria (CSV) as a statutory, corporate body to provide the administrative services and facilities necessary for Victoria’s courts and VCAT to operate (s 1; s 5; s 8). The Act places oversight and strategic direction of CSV in a governing Courts Council composed principally of senior judicial officers (the heads of the Supreme, County, Magistrates', Children’s and Coroners Courts and the President of VCAT), with up to two appointed non-judicial members allowed (ss 10-14). The Courts Council is the governing body with “general direction and superintendence” of CSV and can exercise CSV’s functions subject to the Act (s 10).

Operational leadership is split between a central Chief Executive Officer (CEO) appointed by the Courts Council (s 22) and Court Chief Executive Officers for each jurisdiction who are nominated by the head of the jurisdiction and appointed by the Courts Council (s 30). The CEO holds employer-equivalent functions for CSV staff under the Public Administration Act 2004 for non-judicial employees (s 26) and is the accountable officer for CSV under the Financial Management Act 1994 (s 27). The CEO may delegate functions to other CSV staff (s 28), but some constraints apply, for example a prohibition on interfering with functions delegated by the Judicial Commission to its Director (s 25(1A)) and a requirement to have the head of a jurisdiction’s agreement before transferring staff who perform that jurisdiction’s administrative duties (s 38).

Financial control is tightly linked to the Attorney-General. The Courts Council must prepare and submit a budget to the Attorney-General annually (s 41(1)), must use best endeavours to act consistently with the Attorney-General-approved budget (s 41(8)), and may not expend money or incur liabilities unless the budget approved by the Attorney-General provides for them (s 41(9)). The annual report must separately disclose the budget allocated to each jurisdiction and details of administrative services and facilities provided to courts and VCAT (s 40).

Version No. 006

Court Services Victoria Act 2014

No. 1 of 2014

Version incorporating amendments as at
22 October 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Object 3

Part 2—Court Services Victoria 4

5 Court Services Victoria 4

6 Official seal 4

7 Court Services Victoria represents the Crown 4

8 Function of the Court Services Victoria 5

9 Powers of Court Services Victoria 5

Part 3—The Courts Council 6

Division 1—Establishment and functions and powers of the Courts Council 6

10 Establishment of the Courts Council 6

11 Functions and powers of the Courts Council 6

Division 2—Members of the Courts Council 7

12 Membership of the Courts Council 7

13 Judicial member of Courts Council may nominate person to act in his or her absence 7

14 Appointed members of Courts Council 8

Division 3—Procedures and decisions of the Courts Council 9

15 Procedures of the Courts Council 9

16 Decisions which may be incompatible with integrity of a jurisdiction or functions of the Supreme Court 10

Division 4—Governance principles 10

17 Duties of the members of the Courts Council 10

18 Duties of Council 11

19 Committees 12

20 Application of provisions of Part 5 of the Public Administration Act 2004 12

Division 5—General 13

21 Protection from liability 13

Part 4—Staff of Court Services Victoria 14

Division 1—Chief Executive Officer 14

22 Appointment of Chief Executive Officer 14

23 Vacancy 14

24 Removal from office 15

25 Functions and powers 15

26 Chief Executive Officer has functions of public service body Head 16

27 Chief Executive Officer is accountable officer 16

28 Delegation 17

29 Acting Chief Executive Officer 17

Division 2—Court Chief Executive Officers 17

30 Appointment of Court Chief Executive Officers 17

31 Vacancy 18

32 Removal from office 18

33 Functions and powers 19

34 Acting Court Chief Executive Officer 19

35 Employment prior to commencement 20

Division 2A—Chief executive officer of Judicial College of Victoria 20

35A Employment of chief executive officer of Judicial College of Victoria 20

35B Functions of chief executive officer of Judicial College of Victoria 21

Division 3—Other staff of Court Services Victoria 22

36 Employees other than judicial employees 22

37 Application of Part 3 of the Public Administration Act 2004 22

38 Transfer of staff performing internal administration of jurisdiction 23

39 Use of services of other employees 23

Part 5—Annual report and budget 24

40 Annual report—Additional requirements 24

41 Budget 24

Part 6—General 26

42 Regulations 26

Part 7—Transitional provisions 27

Division 1—Transfer of staff 27

43 Transfer of staff employed under Part 3 of the Public Administration Act 2004 27

44 Transfer of judicial employees 27

45 Transfer does not affect employment continuity 27

Division 2—Transfer of assets and liabilities 28

46 Definitions 28

47 Appointed day 29

48 Preparation of allocation statement 29

49 Property transferred to Court Services Victoria 30

50 Allocation of property etc. subject to encumbrances 30

51 Substitution of party to agreement 31

52 Proceedings 31

53 DOJ instruments 31

54 Registrar of Titles to make necessary recordings 32

55 Taxes 32

56 Evidence 32

57 Validity of things done under this Division 33

Division 3—Management of Crown land 33

58 Vesting of management of Crown land in Court Services Victoria 33

Division 4—Other transitional provisions 35

58A Transitional provision—Court Services Victoria and Other Acts Amendment Act 2015 35

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Endnotes 37

1 General information 37

2 Table of Amendments 39

3 Explanatory details 40

Version No. 006

Court Services Victoria Act 2014

No. 1 of 2014

Version incorporating amendments as at
22 October 2025

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purpose

The main purpose of this Act is to establish Court Services Victoria.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 July 2014, it comes into operation on that day.

3 Definitions

In this Act—

appointed member, of the Courts Council, means a member of the Courts Council appointed under section 14;

Auditor-General means the Auditor-General appointed under section 94A of the Constitution Act 1975;

Chief Executive Officer means the Chief Executive Officer of Court Services Victoria appointed under section 22;

Court Chief Executive Officer means a Court Chief Executive Officer appointed for a jurisdiction under section 30;

Court Services Victoria means Court Services Victoria established under section 5;

Courts Council means the Courts Council established under section 10;

head of a jurisdiction means—

(a) in the case of the Supreme Court, the Chief Justice;

(b) in the case of the County Court, the Chief Judge;

(d) in the case of the Children's Court, the President of the Children's Court;

(e) in the case of the Coroners Court, the State Coroner;

(f) in the case of VCAT, the President of VCAT;

Judicial College of Victoria means the Judicial College of Victoria established under section 4 of the Judicial College of Victoria Act 2001;

S. 3 def. of Judicial Commission inserted by No. 16/2016 s. 157(c).

Judicial Commission has the same meaning as it has in Part IIIAA of the Constitution Act 1975;

judicial employee means a person employed under Division 3 of Part 6 of the Public Administration Act 2004;

judicial member, of the Courts Council, means a member of the Courts Council referred to in section 12(2) or a nominee of that member;

jurisdiction means—

(a) the Supreme Court; or

(b) the County Court; or

(d) the Children's Court; or

(e) the Coroners Court; or

(f) VCAT;

S. 3 def. of member of the staff amended by Nos 25/2015 s. 3(a), 16/2016 s. 157(a)(b), 41/2025 s. 3(Sch. 1 item 15).

member of the staff, of Court Services Victoria, means—

(a) the Chief Executive Officer; or

(b) a Court Chief Executive Officer; or

(d) a judicial employee; or

(e) the chief executive officer of the Judicial College of Victoria; or

(f) a person employed under section 16(2) of the Judicial College of Victoria Act 2001; or

(g) the Director of the Judicial Commission.

S. 3 def. of State Services Authority repealed by No. 25/2015 s. 3(b).

4 Object

The object of this Act is to support judicial independence in the administration of justice in Victoria by establishing a body (Court Services Victoria) to provide the administrative services and facilities necessary for the Victorian courts and VCAT to operate independently of the direction of the executive branch of government.

Part 2—Court Services Victoria

5 Court Services Victoria

(1) Court Services Victoria is established.

(2) Court Services Victoria—

(a) is a body corporate with perpetual succession; and

(b) has an official seal; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

6 Official seal

(1) The official seal of Court Services Victoria must—

(a) be kept in custody as directed by the Courts Council; and

(b) not be used except as authorised by the Courts Council.

(2) All courts and tribunals must take judicial notice of the seal of Court Services Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

7 Court Services Victoria represents the Crown

(1) In performing its functions and exercising its powers, Court Services Victoria represents the Crown.

(2) Nothing in subsection (1) detracts from the independence of Court Services Victoria from the direction of the executive branch of government.

8 Function of the Court Services Victoria

The function of Court Services Victoria is to provide, or arrange for the provision of, the administrative services and facilities necessary or desirable—

(a) to support the performance of the judicial, quasi-judicial and administrative functions of—

(i) the Supreme Court; and

(ii) the County Court; and

(iii) the Magistrates' Court; and

(iv) the Children's Court; and

(v) the Coroners Court; and

(vi) VCAT; and

S. 8(a)(vii) inserted by No. 38/2017 s. 51.

(vii) the Victims of Crime Assistance Tribunal; and

S. 8(b) amended by No. 16/2016 s. 158(a).

(b) to enable the Judicial College of Victoria to perform its functions; and

S. 8(c) inserted by No. 16/2016 s. 158(b).

9 Powers of Court Services Victoria

Subject to this Act, Court Services Victoria has the power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its function.

Part 3—The Courts Council

Division 1—Establishment and functions and powers of the Courts Council

10 Establishment of the Courts Council

(1) The Courts Council is established.

(2) The Courts Council—

(a) is the governing body of Court Services Victoria; and

(b) has the general direction and superintendence of Court Services Victoria; and

11 Functions and powers of the Courts Council

In addition to the performance of the function and the exercise of the powers of Court Services Victoria, the Courts Council has the following functions and powers—

(a) to direct the strategy, governance and risk management of Court Services Victoria;

(b) to appoint, in accordance with this Act—

(i) the Chief Executive Officer of Court Services Victoria; and

(ii) a Court Chief Executive Officer for each jurisdiction;

Division 2—Members of the Courts Council

12 Membership of the Courts Council

(1) The Courts Council consists of—

(a) the judicial members of the Courts Council; and

(b) up to 2 other members appointed under section 14.

(2) The judicial members of the Courts Council are—

(a) the Chief Justice;

(b) the Chief Judge;

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

(e) the State Coroner;

(f) the President of VCAT.

(3) The Chief Justice is the Chair of the Courts Council.

13 Judicial member of Courts Council may nominate person to act in his or her absence

(1) A person nominated by a judicial member of the Courts Council (the nominee of that member) may act as a judicial member of the Courts Council in the absence of the judicial member.

(2) The nominee of a judicial member of the Courts Council must be—

(a) in the case of the nominee of the President of VCAT—a Vice President or Deputy President of VCAT; or

(b) in the case of the nominee of any other judicial member—a judicial officer of the jurisdiction of that member.

(3) While a nominee is acting in the absence of a judicial member of the Courts Council—

(a) the nominee may exercise any of the powers or functions of the judicial member; and

(b) a reference in this Division to the judicial member of the Courts Council is to read as a reference to the nominee.

14 Appointed members of Courts Council

(1) A majority of the judicial members of the Courts Council may appoint up to 2 other persons as members of the Courts Council.

(2) A person appointed as a member under subsection (1) must have relevant experience or qualifications in finance, administration or management.

(3) A majority of the judicial members of the Courts Council may suspend or remove an appointed member of the Courts Council if satisfied that the member—

(a) is mentally or physically incapable of satisfactorily carrying out his or her functions as a member of the Courts Council; or

(b) is guilty of improper conduct in carrying out his or her functions as a member of the Courts Council; or

(d) has engaged in improper conduct of a nature or seriousness that is incompatible with the person continuing to hold office as a member of the Courts Council; or

(e) is otherwise in serious and sufficient breach of the governance principles set out in Division 4 to justify his or her suspension or removal as a member of the Courts Council.

(4) An appointed member may resign from the Courts Council by written notice delivered to the Courts Council or the Chief Justice.

Division 3—Procedures and decisions of the Courts Council

15 Procedures of the Courts Council

(1) The Courts Council must meet at least 4 times in each calendar year.

(2) If requested to do so by a judicial member of the Courts Council, the Chair must convene a meeting of the Courts Council for the purpose of considering any matter raised by the judicial member.

(3) A quorum for a meeting of the Courts Council is the presence of 4 Council members one of whom must be the Chief Justice.

(4) Subject to section 16(2), a question arising at a meeting of the Courts Council is decided by a majority of votes of the members present and voting on the question.

(5) In the event of the vote on a question being tied, the Chair has a casting vote in addition to a deliberative vote.

(6) Subject to this Act, the Courts Council may regulate its own procedures and those of any committee formed by the Courts Council.

16 Decisions which may be incompatible with integrity of a jurisdiction or functions of the Supreme Court

(1) If the Chief Justice is of the opinion that a proposed decision of a meeting of the Courts Council is incompatible with, or would substantially impair or detract from—

(a) the institutional integrity of a jurisdiction; or

(b) the capacity of the Supreme Court to function as the Supreme Court of the State—

the Chief Justice must inform the Courts Council accordingly.

(2) The Courts Council may not make the decision if, after the subject matter of the decision has been discussed at a meeting of the Courts Council, the Chief Justice remains of the opinion that the decision is incompatible with, or would substantially impair or detract from—

(a) the institutional integrity of a jurisdiction; or

(b) the capacity of the Supreme Court to function as the Supreme Court of the State.

(3) If subsection (2) applies, the Chief Justice must provide to the Courts Council a written statement giving the reasons for his or her opinion and that statement must be included in the minutes of the meeting.

Division 4—Governance principles

17 Duties of the members of the Courts Council

(1) A member of the Courts Council must at all times in the exercise of the functions of his or her office act—

(a) with appropriate care, diligence and integrity; and

(b) in compliance with this Act and the regulations made under this Act.

(2) A member of the Courts Council must not give to any other person, whether directly or indirectly, any information acquired by him or her by reason of being a member of the Courts Council, except to the extent necessary—

(a) to exercise functions under this or any other Act; or

(b) to give any information that he or she is expressly authorised, permitted or required to give under this or any other Act.

(3) A member of the Courts Council must not improperly use his or her position, or any information acquired by him or her by reason of his or her position, to—

(a) gain an advantage for himself or herself or another person; or

(b) cause detriment to Court Services Victoria.

18 Duties of Council

(1) The Courts Council must act consistently with the function and objects of Court Services Victoria.

(2) The Courts Council must take into account any business, corporate or strategic plan when making decisions in respect of the provision of administrative services and facilities to each jurisdiction.

(3) The Courts Council must ensure that adequate procedures are in place for the effective operation of the Courts Council.

19 Committees

(1) The Courts Council may form or dissolve committees and define their functions, membership and procedures.

(2) The membership of a committee is not restricted to members of the Courts Council.

(3) The Courts Council, by instrument, may delegate to the members of a committee who are members of the Courts Council any of its functions, except this power of delegation.

20 Application of provisions of Part 5 of the Public Administration Act 2004

(1) The Courts Council may determine, in writing, that Court Services Victoria is to be bound by any or all of the provisions of Division 4 of Part 5 of the Public Administration Act 2004, as if it were a public entity within the meaning of that Act.

(2) A determination may specify that the provision is to apply with the modification specified in the determination.

(3) If a determination is made, the provision applies to Court Services Victoria with any modification specified in the determination.

(4) The Courts Council may from time to time vary a determination made under subsection (1).

(5) A copy of a determination, or a variation to a determination, made under this section must be given to the Premier within a reasonable time after it is made.

Division 5—General

21 Protection from liability

(1) A member of the Courts Council is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function under this Act or the regulations made under this Act; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act or the regulations made under this Act.

(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to a member of the Courts Council attaches instead to Court Services Victoria.

(3) When exercising a power or performing a function under this Act or the regulations made under this Act in his or her capacity as a member of the Courts Council, a judicial member of the Courts Council has the same immunity and protection that would apply to the member in the performance or exercise of an administrative function or power conferred on the member in his or her capacity as a Judge, Magistrate, Coroner or judicial member of VCAT (as the case may be).

Note

See section 24D of the Supreme Court Act 1986, section 9A of the County Court Act 1958, section 14 of the Magistrates' Court Act 1989, section 512 of the Children, Youth and Families Act 2005, section 101(1) of the Coroners Act 2008 and section 143(1) of the Victorian Civil and Administrative Tribunal Act 1998.

Part 4—Staff of Court Services Victoria

Division 1—Chief Executive Officer

22 Appointment of Chief Executive Officer

(1) The Courts Council must appoint a person as Chief Executive Officer of Court Services Victoria.

(2) The appointment is to be an executive appointment under Part 3 of the Public Administration Act 2004.

(3) Subject to subsection (5), the appointment is on the terms and conditions (including remuneration and allowances) fixed by the Courts Council.

(4) The Chief Executive Officer—

(a) holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment; and

(b) is eligible for re-appointment for a further term or terms.

(5) In fixing the remuneration of the Chief Executive Officer, the Courts Council must comply with any guidelines issued by the State in relation to executive remuneration for public entities in the public sector.

23 Vacancy

The Chief Executive Officer ceases to hold office if he or she—

(a) becomes an insolvent under administration; or

(b) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d) is removed from office under section 24.

24 Removal from office

The Courts Council may remove the Chief Executive Officer from office on any of the following grounds—

(a) misconduct;

(b) neglect of duty;

(d) any other ground on which the Courts Council is satisfied that the Chief Executive Officer is unfit to hold office.

25 Functions and powers

(1) The functions of the Chief Executive Officer include—

(a) the management of the support service and functions of Court Services Victoria in accordance with the strategy, plans, procedures and policies of the Courts Council;

S. 25(1)(b) amended by Nos 16/2016 s. 159(1), 38/2017 s. 52(a).

(b) subject to subsection (1A), the appointment and management of the members of the staff of Court Services Victoria, other than the appointment of the Court Chief Executive Officers;

S. 25(1)(c) inserted by No. 38/2017 s. 52(b).

S. 25(1A) inserted by No. 16/2016 s. 159(2).

(1A) In performing the management function of the Chief Executive Officer under subsection (1)(b), the Chief Executive Officer must not interfere with the performance of functions and the exercise of powers delegated by the Judicial Commission to the Director of the Judicial Commission.

(2) The Chief Executive Officer has the power to do all things that are necessary or convenient to be done to perform his or her functions.

(3) In performing his or her functions or exercising his or her powers, the Chief Executive Officer must comply with any directions of the Courts Council.

26 Chief Executive Officer has functions of public service body Head

For the purposes of Part 3 of the Public Administration Act 2004, the Chief Executive Officer has all the functions of a public service body Head in relation to all members of the staff of Court Services Victoria other than judicial employees.

Note

Under Division 3 of Part 6 of the Public Administration Act 2004, the Chief Executive Officer may exercise the powers of an employer under that Part in relation to judicial employees.

27 Chief Executive Officer is accountable officer

For the purposes of section 42 of the Financial Management Act 1994, the Chief Executive Officer is the accountable officer for Court Services Victoria.

Note

As the accountable officer, the Chief Executive Officer is required to prepare a report of operation and financial statements of Court Services Victoria for each financial year under Part 7 of the Financial Management Act 1994.

28 Delegation

The Chief Executive Officer, by instrument, may delegate to another member of the staff of Court Services Victoria any of his or her functions and powers other than this power of delegation.

29 Acting Chief Executive Officer

(1) The Courts Council may appoint a person to act in the office of the Chief Executive Officer—

(a) during a vacancy in that office; or

(b) during a period or all periods when the person holding that office—

(i) is absent from duty; or

(ii) for any other reason, is unable to exercise the functions of that office.

(2) An appointment under subsection (1) is—

(a) on the terms and conditions fixed by the Courts Council; and

(b) for the period, not exceeding 12 months, specified in the instrument of appointment.

Division 2—Court Chief Executive Officers

30 Appointment of Court Chief Executive Officers

(1) For each jurisdiction, the Courts Council must appoint a person, nominated by the head of that jurisdiction, as Court Chief Executive Officer.

(2) Subject to subsection (4), the appointment is on the terms and conditions (including remuneration and allowances) fixed by the Courts Council.

(3) A Court Chief Executive Officer—

(a) holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment; and

(b) is eligible for re-appointment for a further term or terms.

(4) In fixing the remuneration of a Court Chief Executive Officer, the Courts Council must comply with any guidelines issued by the State in relation to executive remuneration for public entities in the public sector.

31 Vacancy

A Court Chief Executive Officer ceases to hold office if he or she—

(a) becomes an insolvent under administration; or

(b) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d) is removed from office under section 32.

32 Removal from office

The Courts Council may remove a Court Chief Executive Officer from office—

(a) on the recommendation of the head of the relevant jurisdiction; or

(b) on any of the following grounds—

(i) misconduct;

(ii) neglect of duty;

(iii) inability to perform the duties of the office;

(iv) any other ground on which the Courts Council is satisfied that the Court Chief Executive Officer is unfit to hold office.

33 Functions and powers

(1) The functions of a Court Chief Executive Officer include—

(a) the management of the administrative support services of the relevant jurisdiction, including providing support to the head of the relevant jurisdiction; and

(b) ensuring that appropriate administration and support services are provided to the relevant jurisdiction and thereby contributing to the management and administration of the operations of Court Services Victoria.

(2) In performing his or her functions, a Court Chief Executive Officer is responsible to, and must comply with any directions given by—

(a) the head of the relevant jurisdiction in relation to the operation of that jurisdiction; and

(b) the Chief Executive Officer in relation to all other matters.

34 Acting Court Chief Executive Officer

(1) The Courts Council may appoint a member of the staff of Court Services Victoria to act in the office of a Court Chief Executive Officer—

(a) during a vacancy in that office; or

(b) during a period or all periods when the person holding that office—

(i) is absent from duty; or

(ii) for any other reason, is unable to exercise the functions of that office.

(2) The person appointed must be a person nominated by the head of the relevant jurisdiction.

(3) An appointment under subsection (1) is—

(a) on the terms and conditions fixed by the Courts Council; and

(b) for the period, not exceeding 12 months, specified in the instrument of appointment.

35 Employment prior to commencement

(1) If a person who is appointed to the office of Chief Executive Officer or Court Chief Executive Officer was employed under Part 3 of the Public Administration Act 2004 immediately before that appointment, the person's term of office as the Chief Executive Officer or as a Court Chief Executive Officer (as the case may be) is taken to be service under Part 3 of that Act for the purposes of any benefits and entitlements that would accrue because of that service.

(2) If a person who is appointed to the office of Chief Executive Officer or Court Chief Executive Officer was an officer within the meaning of the State Superannuation Act 1988 immediately before that appointment, the person continues to be such an officer during his or her term of office as the Chief Executive Officer or as a Court Chief Executive Officer (as the case may be).

Pt 4 Div. 2A (Heading and ss 35A, 35B) inserted by No. 25/2015 s. 4.

Division 2A—Chief executive officer of Judicial College of Victoria

S. 35A inserted by No. 25/2015 s. 4.

35A Employment of chief executive officer of Judicial College of Victoria

(1) For the purposes of section 16(1) of the Judicial College of Victoria Act 2001, the Chief Executive Officer must employ a person, nominated by the Board of the Judicial College of Victoria, to be the chief executive officer of the Judicial College of Victoria.

Note

Section 16(1) of the Judicial College of Victoria Act 2001 provides that a chief executive officer of the College must be employed under Part 3 of the Public Administration Act 2004.

(2) The employment of the chief executive officer of the Judicial College of Victoria is on the terms and conditions (including remuneration and allowances) fixed by the Board of the Judicial College of Victoria.

(3) In fixing the remuneration to the chief executive officer of the Judicial College of Victoria, the Board of the Judicial College of Victoria must comply with any guidelines issued by the State in relation to executive remuneration for public entities in the public sector.

(4) The Chief Executive Officer must not terminate the employment of the chief executive officer of the Judicial College of Victoria unless the Board of the Judicial College of Victoria has approved the termination.

(5) Section 15 of the Public Administration Act 2004 does not apply to employment of the chief executive officer of the Judicial College of Victoria to the extent that it is inconsistent with this section.

S. 35B inserted by No. 25/2015 s. 4.

35B Functions of chief executive officer of Judicial College of Victoria

In performing his or her functions, the chief executive officer of the Judicial College of Victoria is responsible to, and must comply with any directions given by—

(a) the Board of the Judicial College of Victoria in relation to the operation of the College; and

(b) the Chief Executive Officer in relation to all other matters.

Division 3—Other staff of Court Services Victoria

36 Employees other than judicial employees

(1) Any employees, other than judicial employees, that are necessary to enable Court Services Victoria to perform its function may be employed under Part 3 of the Public Administration Act 2004.

Note

Judicial employees may be employed under Division 3 of Part 6 of the Public Administration Act 2004.

(2) Section 8 of the Public Administration Act 2004 applies in relation to the employment of employees referred to in subsection (1) as if the reference to public sector body Heads included a reference to the Chief Executive Officer.

37 Application of Part 3 of the Public Administration Act 2004

A provision of Part 3 of the Public Administration Act 2004 does not apply to Court Services Victoria to the extent that—

(a) the provision is inconsistent with a provision of this Act; or

(b) the provision provides for the control, supervision or direction by the Premier, a Minister or any other person or body representing the executive branch of government in relation to Court Services Victoria.

38 Transfer of staff performing internal administration of jurisdiction

The Chief Executive Officer must not exercise a power in relation to the transfer of staff that directly affects staff employed in performing the administrative duties of a jurisdiction unless the Chief Executive Officer has the agreement of the head of that jurisdiction.

39 Use of services of other employees

The Chief Executive Officer may enter into agreements or arrangements for the use of the services of any employee of a Department, statutory authority or other public body.

Part 5—Annual report and budget

40 Annual report—Additional requirements

In addition to the requirements under section 45 of the Financial Management Act 1994, the report of operations of Court Services Victoria for a financial year must include—

(a) the budget allocated to each jurisdiction for the provision of administrative services and facilities, including details of any alteration to the budget allocations; and

(b) details of the administrative services and facilities provided by Court Services Victoria to the courts or VCAT.

Note

The annual report of Court Services Victoria is in addition to any annual report required under another Act to be prepared by an individual jurisdiction.

41 Budget

(1) Before the end of each financial year, the Courts Council must prepare and submit to the Attorney-General a budget for the forthcoming year.

(2) When requested to do so by the Attorney-General, the Courts Council must prepare and submit to the Attorney-General a budget for the period determined by the Attorney-General.

(3) A budget prepared under subsection (1) or (2) must—

(a) be in the form and include the information specified by the Attorney-General; and

S. 41(3)(b) amended by No. 16/2016 s. 160(1).

(b) provide estimates of receipts and expenditure for Court Services Victoria together with separate estimates of receipts and expenditure for each jurisdiction and for the Judicial College of Victoria and the Judicial Commission.

(4) The Attorney-General may approve a budget submitted to him or her under subsection (1) or (2) with or without modification.

(5) Subject to subsection (6), the Courts Council may prepare and submit to the Attorney-General proposed changes to the budget approved by the Attorney-General under subsection (4).

S. 41(6) amended by No. 16/2016 s. 160(2).

(6) The Courts Council must not propose a change under subsection (5) that would reduce the budget of a jurisdiction or the Judicial College of Victoria or the Judicial Commission without the approval of the head of that jurisdiction or the approval of the board of the Judicial College of Victoria or the approval of the Board of the Judicial Commission (as the case may be).

(7) The Attorney-General may approve a change to an approved budget submitted to him or her under subsection (5) with or without modification.

(8) The Courts Council must use its best endeavours to act consistently with the budget approved by the Attorney-General from time to time, including any changes to the budget approved under subsection (7).

(9) The Courts Council must not expend money or incur a liability unless provision for the expenditure or liability is made in the budget approved by the Attorney-General.

(10) This section is in addition to any requirements under the Financial Management Act 1994.

Part 6—General

42 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) the information to be included in an annual report of Court Services Victoria; and

(b) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstances; and

(c) confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies.

Part 7—Transitional provisions

Division 1—Transfer of staff

43 Transfer of staff employed under Part 3 of the Public Administration Act 2004

(1) On or after the day section 5 comes into operation, the Premier may, in writing, declare that any court services employee is transferred from the Department of Justice to Court Services Victoria on terms and conditions of employment that are no less favourable overall.

(2) On the making of a declaration under subsection (1), the transfer is taken to have taken place.

(3) A declaration under subsection (1) may be made in respect of an individual employee or a group of employees.

(4) In this section—

court services employee means any employee of the Department of Justice necessary to carry out, or support the carrying out of, a function that is to be transferred from the Department of Justice to Court Services Victoria.

44 Transfer of judicial employees

On the day section 5 comes into operation all judicial employees are transferred from the Department of Justice to Court Services Victoria on terms and conditions of employment that are no less favourable overall.

45 Transfer does not affect employment continuity

(1) A transfer under section 43 or 44 does not constitute a resignation or termination of employment and the post-transfer service is to be regarded as continuous with the pre-transfer service.

(2) A person transferred under section 43 or 44 who was an officer within the meaning of the State Superannuation Act 1988 immediately before the transfer continues to be such an officer after the transfer.

Division 2—Transfer of assets and liabilities

46 Definitions

In this Division—

allocation statement means a statement that is agreed to by the Attorney-General under section 48;

appointed day*,* in relation to an allocation statement, means a day fixed under section 47 for the purposes of that statement;

DOJ instrument means an instrument subsisting immediately before the appointed day—

(a) to which the Secretary was a party; or

(b) that was given in favour of the Secretary; or

(d) under which—

(i) money is or may become payable to or by the Secretary or the Department of Justice; or

(ii) other property is to be or may become liable to be transferred to or by the Secretary or the Department of Justice.

former DOJ property means property, rights or liabilities of the State that, under this Division, have vested in or become property, rights or liabilities of Court Services Victoria;

instrument includes a document and an oral agreement;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in personal property of any description;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

Secretary means the Secretary to the Department of Justice.

47 Appointed day

The Attorney-General may, by notice in the Government Gazette, fix a day as the appointed day for the purposes of an allocation statement.

48 Preparation of allocation statement

(1) The Secretary and the Chief Executive Officer may from time to time prepare a statement of property, rights and liabilities of the State that are to be assigned to Court Services Victoria.

(2) A statement under this section must be agreed to by the Courts Council.

(3) A statement that is agreed to by the Courts Council must be provided to the Attorney-General for agreement.

(4) The Attorney-General may agree to the statement if he or she is satisfied that the property, rights and liabilities to be assigned relate to—

(a) the courts, VCAT or the Judicial College of Victoria; or

(b) the services or the staff of the courts, VCAT or the Judicial College of Victoria.

49 Property transferred to Court Services Victoria

On the appointed day for an allocation statement—

(a) all property and rights of the State that are allocated to Court Services Victoria under the allocation statement, vest in Court Services Victoria; and

(b) all liabilities of the State that are allocated to Court Services Victoria under the allocation statement, become liabilities of Court Services Victoria.

50 Allocation of property etc. subject to encumbrances

Unless an allocation statement otherwise provides, where, under this Division, property and rights vest in Court Services Victoria or liabilities become liabilities of Court Services Victoria—

(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(b) the rights to which the State was entitled in respect of those liabilities immediately before they became liabilities of Court Services Victoria, vest in Court Services Victoria.

51 Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of the State under an agreement are allocated to Court Services Victoria—

(a) Court Services Victoria becomes, on the appointed day, a party to the agreement in place of the State; and

(b) on and after the appointed day, the agreement has effect as if Court Services Victoria had always been a party to the agreement.

52 Proceedings

If, immediately before the appointed day for an allocation statement, proceedings relating to former DOJ property (including arbitration proceedings) allocated to Court Services Victoria under the allocation statement, to which the Secretary or the State was a party, were pending or existing in any court or tribunal, then, on and after that date, Court Services Victoria is substituted for the Secretary or the State as a party to the proceedings and has the same rights in the proceedings as the Secretary or the State had.

53 DOJ instruments

Each DOJ instrument relating to former DOJ property allocated under an allocation statement continues to have effect according to its tenor on and after the appointed day for that statement as if a reference in the instrument to the Secretary, the Department of Justice or the State were a reference to Court Services Victoria.

54 Registrar of Titles to make necessary recordings

On being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Division.

55 Taxes

No duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the State.

56 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the State in relation to former DOJ property if this Division had not been enacted, is admissible for or against the interests of Court Services Victoria.

(2) The Evidence Act 2008 applies with respect to the books of account of the Department of Justice and to entries made in those books of account before the appointed day for an allocation statement, to the extent that they relate to former DOJ property allocated to Court Services Victoria under the statement, as if those books of account and entries were business records.

57 Validity of things done under this Division

(1) Nothing effected by this Division or done or suffered under this Division—

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any person in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d) releases any surety or other obligor wholly or in part from any obligation.

(2) In this section, Act does not include the Charter of Human Rights and Responsibilities Act 2006.

Division 3—Management of Crown land

58 Vesting of management of Crown land in Court Services Victoria

(1) The Governor in Council may, on the recommendation of the Attorney-General, by Order published in the Government Gazette—

(a) divest the management of specified Crown land from a person or body; and

(b) vest the management of the land in Court Services Victoria.

(2) The Attorney-General must not make a recommendation under subsection (1) unless the Attorney-General is satisfied that the land is being or is to be used by or for the purposes of a court or VCAT or Court Services Victoria.

(3) An Order under subsection (1) takes effect on the date specified in the Order.

(4) Without limiting subsection (1), if the land specified in an Order is reserved Crown land with a committee of management, then—

(a) on the Order taking effect, the committee of management is abolished; and

(b) on and from the Order taking effect, Court Services Victoria is taken to be the committee of management of the land within the meaning of the Crown Land (Reserves) Act 1978.

(5) Without limiting subsection (1), if the land specified in an Order is reserved Crown land managed by the Secretary under an agreement under section 18B of the Crown Land (Reserves) Act 1978, then—

(a) on the Order taking effect—

(i) the Secretary ceases to be the manager of the land; and

(ii) Court Services Victoria becomes a party to the agreement in place of the Secretary; and

(b) on and from the Order taking effect, the agreement has effect as if Court Services Victoria had always been a party to the agreement.

(6) An Order under this section may include provisions of a saving or transitional nature consequent on the making of the Order, including provisions providing for the continuity of any lease, licence or tenancy agreement affecting the land.

(7) Any person or body to whom or which an Order applies must give effect to the Order.

(8) An Order under this section cannot divest the management of land from a lessee, licensee or tenant of the land.

(9) An Order under this section takes effect despite anything to the contrary in any Act or subordinate instrument other than the Charter of Human Rights and Responsibilities Act 2006.

Pt 7 Div. 4 (Heading and s. 58A) inserted by No. 25/2015 s. 5.

Division 4—Other transitional provisions

S. 58A inserted by No. 25/2015 s. 5.

58A Transitional provision—Court Services Victoria and Other Acts Amendment Act 2015

(1) This section applies to the person who holds the position of chief executive officer of the Judicial College of Victoria immediately before the day on which section 4 of the Court Services Victoria and Other Acts Amendment Act 2015 comes into operation (the commencement day).

(2) On and after the commencement day, the person—

(a) is taken to have been employed as chief executive officer of the Judicial College of Victoria in accordance with section 35A; and

(b) continues to be employed in that capacity on the terms and conditions (including remuneration and allowances) no less favourable than those that applied immediately before the commencement day.

Pt 8 (Heading and ss 59-77) repealed by No. 1/2014 s. 77.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 30 October 2013

Legislative Council: 12 December 2013

The long title for the Bill for this Act was "A Bill for an Act to establish Court Services Victoria and for other purposes."

The Court Services Victoria Act 2014 was assented to on 11 February 2014 and came into operation on 1 July 2014: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Court Services Victoria Act 2014 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Court Services Victoria and Other Acts Amendment Act 2015, No. 25/2015

Assent Date:	29.6.15
Commencement Date:	Ss 3–5 on 30.6.15: Special Gazette (No. 183) 30.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Court Services Victoria Act 2014

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date:	19.4.16
Commencement Date:	Ss 157–160 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Court Services Victoria Act 2014

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	Ss 51, 52 on 11.10.17: Special Gazette (No. 331) 3.10.17 p. 1
Current State:	This information relates only to the provision/s amending the Court Services Victoria Act 2014

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 15) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Court Services Victoria Act 2014

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

1 Court Services Victoria Act 2014

Version No. 006

Court Services Victoria Act 2014

No. 1 of 2014

Version incorporating amendments as at
22 October 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Object 3

Part 2—Court Services Victoria 4

5 Court Services Victoria 4

6 Official seal 4

7 Court Services Victoria represents the Crown 4

8 Function of the Court Services Victoria 5

9 Powers of Court Services Victoria 5

Part 3—The Courts Council 6

Division 1—Establishment and functions and powers of the Courts Council 6

10 Establishment of the Courts Council 6

11 Functions and powers of the Courts Council 6

Division 2—Members of the Courts Council 7

12 Membership of the Courts Council 7

13 Judicial member of Courts Council may nominate person to act in his or her absence 7

14 Appointed members of Courts Council 8

Division 3—Procedures and decisions of the Courts Council 9

15 Procedures of the Courts Council 9

16 Decisions which may be incompatible with integrity of a jurisdiction or functions of the Supreme Court 10

Division 4—Governance principles 10

17 Duties of the members of the Courts Council 10

18 Duties of Council 11

19 Committees 12

20 Application of provisions of Part 5 of the Public Administration Act 2004 12

Division 5—General 13

21 Protection from liability 13

Part 4—Staff of Court Services Victoria 14

Division 1—Chief Executive Officer 14

22 Appointment of Chief Executive Officer 14

23 Vacancy 14

24 Removal from office 15

25 Functions and powers 15

26 Chief Executive Officer has functions of public service body Head 16

27 Chief Executive Officer is accountable officer 16

28 Delegation 17

29 Acting Chief Executive Officer 17

Division 2—Court Chief Executive Officers 17

The Act revolves around a small number of structural concepts: establishment of a corporate service body (CSV), governance by a Courts Council composed mainly of judicial heads, executive management through a CEO and Court CEOs, financial oversight through Attorney‑General approval of budgets, and transitional arrangements transferring staff, property and liabilities from the Department of Justice to CSV.

CSV as corporate provider of court administration: CSV is incorporated (s 5(2)(a)-(e)). Its statutory function is the provision or arrangement of administrative services and facilities necessary or desirable to support the courts, VCAT, the Judicial College of Victoria and the Judicial Commission (s 8). Its statutory power is broadly framed to permit “all things necessary or convenient” to perform that function (s 9). CSV represents the Crown when performing functions (s 7(1)) but the Act states this does not detract from its independence from executive direction (s 7(2)).
Courts Council governance model: The Courts Council is the governing board with strategic direction, appointment powers (CEO and Court CEOs) and governance responsibilities (ss 10-11). The membership is dominated by judicial members , the heads of each jurisdiction , and the Chief Justice chairs the Council (s 12). Up to two appointed non‑judicial members (with finance, administration or management experience) can be added by majority of the judicial members (s 14).
Separation and accountability of operational roles: The CEO manages CSV’s support services and staff (subject to constraints) (s 25). Court Chief Executive Officers manage administrative support for their jurisdictions and are responsible both to their head for jurisdictional operation and to the CEO for all other matters (s 33). The CEO is the Financial Management Act accountable officer for CSV and must prepare operations and financial reports (s 27).
Budgetary control and ministerial oversight: The Courts Council must submit a budget to the Attorney‑General; the Attorney‑General may approve it with or without modification and may require budgets in the form and with information specified (s 41(1)-(4)). The Courts Council may propose changes but may not reduce a jurisdiction’s budget without the consent of the relevant head (s 41(5)-(6)). Expenditure and incurring liabilities are constrained by the Attorney‑General‑approved budget (s 41(8)-(9)). The Courts Council must include detailed budget allocations to each jurisdiction in CSV’s annual report (s 40).
Judicial integrity safeguards and judicial primacy on Council: The Chief Justice has a formal role to prevent Council decisions that the Chief Justice considers would be incompatible with institutional integrity or the Supreme Court’s capacity to function; if the Chief Justice so advises, the Courts Council may not make that decision (s 16). This institutes a judicial check on administrative decisions affecting institutional integrity.
Transitional vesting and continuity protections: The Act prescribes a mechanism for the transfer of staff, property, rights and liabilities from the Department of Justice to CSV via allocation statements agreed between Secretary and CEO, Courts Council agreement, and Attorney‑General agreement (ss 47-49). Transfers of staff are to be on terms no less favourable overall (s 43). Transfers do not interrupt employment continuity (s 45). DOJ instruments and proceedings are continued and substituted to CSV (ss 51-53). The Act also provides tax and duty exemptions for matters done under the Division (s 55) and admissibility of DOJ records for CSV purposes (s 56).
Optional application of public sector governance rules: The Courts Council may determine CSV is bound by some or all of Division 4 of Part 5 of the Public Administration Act 2004 as if CSV were a public entity (s 20). The Courts Council can vary that determination and must give a copy to the Premier (s 20(4)-(5)). This allows selective application of broader public sector performance and governance frameworks.

These concepts are embedded in the statutory text; no policy or external explanatory documents are treated as conclusive in this note. The Act supplies internal checks (Chief Justice role, heads’ nominations and approvals, constraints on staff transfers) while leaving executive financial leverage with the Attorney‑General (s 41).

The Act’s immediate and recurring effects fall on defined groups and decision‑makers within the Victorian justice ecosystem and the State:

Courts and tribunals named as jurisdictions: The Supreme, County, Magistrates', Children’s and Coroners Courts, VCAT, the Judicial College of Victoria and the Judicial Commission are the express beneficiaries of CSV services (s 8). The Victims of Crime Assistance Tribunal is also included by amendment (s 8(a)(vii)). These bodies receive administrative services and facilities arranged or provided by CSV.
Judicial heads and judicial officers: The heads of jurisdictions are judicial members of the Courts Council and have appointment and oversight roles: they nominate Court Chief Executive Officers (s 30(1)) and the Chief Justice chairs the Courts Council and has the special role under s 16 to prevent decisions incompatible with institutional integrity (ss 12-13; s 16). Judicial officers who are nominated as nominees to act for judicial members sit on the Council in their stead (s 13).
Court Services Victoria staff and management: The CEO and Court Chief Executive Officers (s 22; s 30) are employees with specified appointment conditions, term limits up to five years and eligibility for reappointment (ss 22(4), 30(3)). Other non‑judicial employees may be employed under Part 3 of the Public Administration Act (s 36(1)); judicial employees are employed under Division 3 of Part 6 of the Public Administration Act but are transferred to CSV on commencement (s 44). Employees transferred under the transitional provisions retain continuity of service and superannuation status where applicable (s 45).
Department of Justice and Secretary: The Secretary of the Department of Justice engages in allocation statements with the CEO setting out the property, rights and liabilities to be allocated to CSV (s 48). DOJ instruments and proceedings are subject to substitution to CSV upon allocation (ss 51-53).
Attorney‑General and executive: The Attorney‑General reviews and approves budgets (s 41(4)), may request budgets for specified periods (s 41(2)), agrees allocation statements (s 48(4)), and the Governor in Council may act on the Attorney‑General’s recommendation to vest Crown land management in CSV (s 58). Thus the Attorney‑General and executive determine financial and property transitions.
Premier: The Premier may, in writing, transfer court services employees from the Department of Justice to CSV on terms no less favourable overall (s 43(1)). The Courts Council must provide copies of determinations under s 20 to the Premier (s 20(5)).
Registrars, land managers and persons affected by Crown land Orders: The Registrar of Titles is directed to make recording changes needed under the Transfer of Land Act 1958 when requested (s 54). Where reserved Crown land is vested in CSV, existing committees of management are abolished and CSV becomes committee under the Crown Land (Reserves) Act 1978 (s 58(4)).
External parties to agreements and proceedings with the Department of Justice or Secretary: Under allocation statements, CSV becomes a party in place of the State for agreements and proceedings allocated to CSV (ss 51-52). Those third parties will see contractual counterparties and litigation parties change to CSV on the appointed day.
The Auditor‑General and statutory reporting: The CEO of CSV is the accountable officer under the Financial Management Act and must prepare reports and financial statements (s 27). The Auditor‑General is defined in s 3 by reference to the Constitution Act 1975.

Who pays: the Act places budgetary processes under the Attorney‑General’s approval (s 41). CSV cannot expend funds except as provided for in the Attorney‑General‑approved budget (s 41(9)). The practical effect is that the State (via Attorney‑General budget approvals) funds CSV operations; CSV has powers to acquire, hold and dispose of property (s 5(2)(d)) but must act within budget constraints (s 41).

Who decides: the Courts Council governs CSV (s 10), the Chief Justice chairs and has a veto mechanism for certain decisions affecting institutional integrity (s 12; s 16), the Courts Council appoints the CEO and Court CEOs (s 11(b); ss 22, 30), and the Attorney‑General controls budget approval (s 41).

What behaviour changes: Departments and staff subject to transfer must move to CSV under allocation statements or Premier declarations (ss 43-49). Judicial heads are given substantive operational input through nominations and approvals; the Courts Council centralises administrative governance for the courts and VCAT, changing who provides administrative services from a departmental model to a statutory corporate provider.

The Act allocates duties, rights and procedural obligations across CSV, the Courts Council, the CEO, Court Chief Executive Officers, the Attorney‑General and the heads of jurisdiction. The following are key statutory duties and rights drawn from the text.

Duties of the Courts Council and its members

General governance duty: The Courts Council is the governing body of CSV and must act consistently with CSV’s function and object (ss 10(2); 18(1)). It must direct strategy, governance and risk management and appoint the CEO and Court CEOs (s 11).
Procedural duties: The Courts Council must meet at least four times a year (s 15(1)); the Chief Justice must be present for a quorum of four members (s 15(3)); it must ensure adequate procedures for effective operation (s 18(3)).
Governance principles and conduct: Members must act with appropriate care, diligence and integrity; must not disclose information except as necessary or authorised; and must not improperly use their position or information to gain advantage or cause detriment to CSV (s 17(1)-(3)).
Determinations under Public Administration Act: The Courts Council may determine that CSV be bound by part(s) of Division 4 of Part 5 of the Public Administration Act 2004; it must give copies of determinations to the Premier (s 20).

Duties and powers of the Chief Executive Officer

Management role: The CEO manages CSV’s support services and staff consistent with the Courts Council’s strategy, plans, procedures and policies (s 25(1)(a)).
Staffing and employer functions: The CEO appoints and manages CSV staff other than Court Chief Executive Officers (s 25(1)(b)) and, for the purposes of the Public Administration Act, has the functions of public service body Head in relation to non‑judicial staff (s 26).
Accountability: The CEO is the accountable officer under the Financial Management Act and must prepare necessary operational and financial reports (s 27).
Delegation: The CEO may delegate functions to staff by instrument except the power to delegate itself (s 28).

Duties of Court Chief Executive Officers

Jurisdictional administration: Court CEOs manage administrative support of their jurisdiction and provide support to the head (s 33(1)(a)), ensuring appropriate administration and contributing to broader CSV operations (s 33(1)(b)).
Dual accountability: Court CEOs are responsible to heads of jurisdiction for jurisdictional operation and to the CEO for other matters (s 33(2)).

Duties of heads and judicial members

Nomination rights: Heads nominate Court Chief Executive Officers (s 30(1)).
Presence and voting: Judicial members sit on the Courts Council; the Chief Justice chairs and holds a casting vote when needed (ss 12; 15(5)). The Chief Justice has specific duties to advise the Council where a proposed decision would be incompatible with institutional integrity or the Supreme Court’s capacity and to prevent such decisions from being made (s 16(1)-(3)).

Budgetary duties and constraints

Budget submission and form requirements: The Courts Council must prepare and submit a budget in a form and with information specified by the Attorney‑General (s 41(1), (3)(a)).
Attorney‑General approval and modification powers: The Attorney‑General may approve or modify submitted budgets (s 41(4)). The Courts Council cannot reduce a jurisdiction’s budget or the Judicial College/Commission without approval of the relevant head or board (s 41(6)).
Expenditure constraint: CSV must only expend money or incur liabilities provided for in the Attorney‑General‑approved budget (s 41(9)).

Rights and protections

Corporate powers and rights: CSV may sue and be sued, acquire and dispose of property, and do acts a body corporate may do (s 5(2)(c)-(e)).
Representation of the Crown: CSV represents the Crown when performing functions and exercising powers (s 7(1)).
Immunities and liability allocation: Members of the Courts Council are not personally liable for acts done or omitted in good faith in exercise of their functions; liability attaches to CSV instead (s 21(1)-(2)). Judicial members retain the immunities applicable when acting administratively in judicial capacities (s 21(3)).

Transitional duties and rights

Transfer of staff on favourable terms: The Premier may declare transfer of court services employees from the Department of Justice to CSV on terms no less favourable overall, and judicial employees transfer on commencement on terms no less favourable (ss 43-44).
Substitution in agreements and proceedings: Where rights and liabilities under agreements are allocated to CSV, CSV becomes a party in place of the State, and pending proceedings are continued with CSV substituted for the State or Secretary (ss 51-52).
Evidence and taxes: DOJ books of account relating to allocated property are admissible as business records for CSV purposes (s 56), and no duty or tax is chargeable in relation to acts under the Division (s 55).

Limitations and interferences

Constraints on CEO powers: The CEO must not interfere with functions delegated to the Director of the Judicial Commission (s 25(1A)). The CEO must not transfer staff performing administrative duties of a jurisdiction without the head’s agreement (s 38).
Ministerial/Attorney‑General budget control: The Attorney‑General controls budget approval and may direct the form and content of budgets (s 41). The Courts Council must submit changes and cannot unilaterally reduce budgets of jurisdictions without head approval (s 41(5)-(6)).

These duties and rights create a governance framework where operational management is centralised in CSV under judicial strategic control, with financial and property borders managed through Attorney‑General approvals and formal allocation statements.

The Act establishes governance, removal, accountability and statutory substitution mechanisms as enforcement and compliance levers rather than imposing explicit criminal penalties or fines within its text. Enforcement is largely by administrative remedies, appointment/removal powers, budgetary control and statutory continuity mechanisms. The following are the principal enforcement mechanisms and consequences set out in the Act.

Removal and vacancy grounds

Removal of the CEO and Court Chief Executive Officers: The Courts Council may remove the CEO (s 24) and Court CEOs (s 32) on grounds including misconduct, neglect of duty, inability to perform duties, or other grounds the Courts Council considers make the person unfit to hold office (ss 24; 32(b)(i)-(iv)). The CEO also ceases to hold office on insolvency, conviction of an indictable offence, resignation, or removal (s 23).
Suspension and removal of appointed Courts Council members: A majority of judicial members may suspend or remove appointed members for incapacity, improper conduct, non‑attendance, or serious breaches of the governance principles (s 14(3)).

Financial enforcement

Budgetary prohibition on expenditure: CSV may not expend money or incur liabilities unless the expense is provided for in the Attorney‑General‑approved budget (s 41(9)). This is a statutory financial control enforceable through requirement to comply with Financial Management Act reporting and the accountability of the CEO as accountable officer (s 27).
Attorney‑General approval and modification powers: The Attorney‑General’s power to approve budgets with or without modification (s 41(4)) and to approve proposed changes (s 41(7)) operates as a centralised fiscal control mechanism.

Immunity and liability allocation

Protection for Courts Council members: Members are protected from personal liability for good faith acts or omissions in exercising functions under the Act; liability instead attaches to CSV (s 21(1)-(2)). Judicial members retain judicial administrative immunities when acting in their capacities (s 21(3)). This immunisation reduces the prospect of personal civil liability as an enforcement mechanism against members acting in good faith.

Administrative continuity and substitution

Substitution in agreements and proceedings: On allocation, CSV becomes party to relevant agreements in place of the State (s 51), and pending proceedings are continued with CSV substituted for the Secretary or the State (s 52). This enforces CSV’s assumption of obligations and rights and protects contractual continuity for third parties.
Property encumbrances and obligations continue: Transferred property remains subject to pre‑existing encumbrances unless allocation statements provide otherwise (s 50).

Regulatory and executive instruments

Regulations: The Governor in Council may make regulations to prescribe information for annual reports and other matters necessary to give effect to the Act, and such regulations may confer discretionary authority or impose duties (s 42(1)-(2)). Regulatory instruments therefore create enforceable obligations under the regulatory framework.
Part 5 of the Public Administration Act: The Courts Council may elect that CSV be bound by Division 4 of Part 5 of the Public Administration Act 2004 (s 20). That Division contains public sector performance and accountability frameworks; making CSV subject to it triggers additional statutory duties and enforcement channels within the public administration framework.

Constraints and checks internal to governance

Chief Justice check on Council decisions: The Chief Justice may prevent a Courts Council decision if it is judged to impair the institutional integrity of a jurisdiction or the Supreme Court’s capacity; if so, the Council may not make the decision (s 16(2)). The Chief Justice must provide written reasons for the record (s 16(3)). This is a procedural enforcement mechanism protecting judicial institutional integrity.
Agreement requirements for staff transfers: The CEO may not transfer staff performing internal administration of a jurisdiction without the head’s agreement (s 38). This protects jurisdictional administrative integrity and imposes a binding process control.

No express criminal sanctions

The Act does not create specific criminal offences or monetary penalties for breaches of its provisions. Enforcement therefore operates through administrative removal, budgetary constraints, statutory substitution, regulatory obligations and public sector accountability regimes rather than by penal sanction within the Act itself.

Accountability reporting

Financial and operational reporting duties under the Financial Management Act and specific annual report requirements (s 40) allow oversight bodies (such as the Auditor‑General) and Ministers to scrutinise compliance; breach of reporting duties may attract consequences under the Financial Management Act and associated public administration instruments (s 27; s 40).

In short, enforcement under the Act uses appointment and removal powers, budgetary controls through the Attorney‑General, immunities that reallocate liability to CSV, substitution provisions for rights and obligations, regulatory rule‑making and the optional adoption of public administration accountability provisions. The Act does not itself prescribe pecuniary penalties or criminal offences for non‑compliance with its governance or procedural requirements.

The Act embeds multiple cross‑references and mechanisms that produce legal interaction points with other Victorian statutes and administrative regimes. Those interactions create allocation of duties, procedural cross‑checks and continuity mechanics. The relevant interactions, as specified by the text, are as follows.

Public Administration Act 2004

Employment and governance regimes: The Act provides that many CSV employees (other than judicial employees) may be employed under Part 3 of the Public Administration Act 2004 (s 36(1)), and for purposes of Part 3 the CEO has the functions of a public service body Head in relation to non‑judicial staff (s 26). Conversely, a provision of Part 3 of the Public Administration Act does not apply to CSV if inconsistent with this Act or if it provides for control, supervision or direction by the Premier, a Minister or other executive person or body (s 37). The Courts Council may determine CSV is to be bound by any or all provisions of Division 4 of Part 5 of the Public Administration Act 2004 (s 20), and may vary such determination (s 20(4)). A copy must be supplied to the Premier (s 20(5)). This enables selective alignment with public sector governance frameworks.

Financial Management Act 1994

Accountable officer duties and reporting: The CEO is the accountable officer under s 42 of the Financial Management Act 1994 (s 27). That imposes obligations to prepare reports of operations and financial statements for CSV each financial year under Part 7 of that Act (s 27 note). The budget process (s 41) supplements Financial Management Act requirements, and the Attorney‑General’s approval of budgets has a statutory basis within the CSV Act, interacting with financial management frameworks.

Judicial College of Victoria Act 2001

Employment and functions: The Act provides that CSV must enable the Judicial College to perform its functions (s 8(b)). Section 35A requires the CEO to employ a person nominated by the Board of the Judicial College as chief executive officer of the College, on terms fixed by the Board and in compliance with State remuneration guidelines, and the CEO must not terminate that employment without Board approval (s 35A). Section 35B sets out the dual responsibility of that chief executive officer to the Board for College matters and to the CEO for other matters (s 35B). These provisions import and modify the College's governance and employment regime.

Judicial Commission of Victoria and Constitution Act 1975

The Act incorporates the Judicial Commission into CSV’s functions by enabling the Judicial Commission’s functions (s 8(c)). The definition of Auditor‑General references the Constitution Act 1975 (s 3). Amendments made by the Judicial Commission of Victoria Act 2016 have been incorporated into this Act (table of amendments, 2016 No.16).

Evidence Act 2008 and Transfer of Land Act 1958

Evidence admissibility: The Act directs that DOJ books and entries relating to former DOJ property allocated to CSV are admissible as business records under the Evidence Act 2008 (s 56(2)).
Registrar recordings: The Registrar of Titles is instructed to make necessary recordings in the Register under the Transfer of Land Act 1958 when requested and provided with relevant instrument or document (s 54).

Crown Land (Reserves) Act 1978

Committee of management changes: When management of reserved Crown land is vested in CSV under s 58, any committee of management is abolished and CSV becomes the committee of management for the land under the Crown Land (Reserves) Act 1978 (s 58(4)). If the land is managed under an agreement by the Secretary, CSV substitutes for the Secretary in that agreement (s 58(5)).

State Superannuation Act 1988

Superannuation continuity: Persons transferred under s 43 or 44 who were officers within the meaning of the State Superannuation Act 1988 before transfer continue to be such officers after transfer (s 45(2)).

Court Acts and judicial immunities

The Act notes that judicial members of the Courts Council, when exercising administrative powers, have the same immunity and protection as apply under various court Acts, citing specific provisions such as s 24D of the Supreme Court Act 1986, s 9A of the County Court Act 1958, s 14 of the Magistrates' Court Act 1989, s 512 of the Children, Youth and Families Act 2005, s 101(1) of the Coroners Act 2008 and s 143(1) of the Victorian Civil and Administrative Tribunal Act 1998 (s 21(3) note). This imports the established immunities in those statutes.

Tax and duty relief

Transfers effected under Division 2 (transfer of assets and liabilities) are not subject to duty or other tax under any Act in respect of anything done under the Division, including transactions necessary for the transfer (s 55). This creates a specific tax exemption for restructuring steps implementing the Act.

Continuity of contracts and proceedings

The allocation and substitution provisions ensure continuity in agreements and proceedings (ss 49-53). Allocation statements, once in force, vest property and liabilities in CSV and substitute CSV for the State or Secretary in agreements and proceedings. Section 57 protects persons from being treated as in breach of contract or law due to actions under the Division and clarifies that the Division does not operate as the fulfilment of conditions enabling rights of termination, among other protective rules, with the exception of the Charter of Human Rights and Responsibilities Act 2006 which is not included in that non‑exhaustive list (s 57(2)).

Regulations

The Governor in Council Regulation power under s 42 allows the creation of subordinate law to prescribe annual report information and other necessary matters. Regulations may confer discretionary authority or impose duties, and may differ by time, place or circumstance (s 42(2)). Those regulations will interact with existing statutory frameworks and administrative practices.

In sum, the Act is written to operate alongside and modify existing employment, financial management and land transfer regimes, preserve continuity of legal instruments and evidence, and to import and optionally apply parts of the Public Administration Act 2004. Its effect is to create a hybrid corporate public entity with embedded ties to public sector accountability, judicial autonomy safeguards and executive budgetary control.

The consolidated version provided includes a table of amendments with the following entries and enacted changes up to 22 October 2025. The Act itself contains amendment notes showing insertion points and affected provisions.

Court Services Victoria and Other Acts Amendment Act 2015 (No. 25/2015), assent 29 June 2015; commencement of ss 3-5 on 30 June 2015 (Special Gazette 30.6.15). This amending Act added transitional provisions and expressly inserted Part 7 Division 4 and sections 35A and 35B concerning the Judicial College of Victoria, including employment and functions of its chief executive officer (see s 35A; s 35B as inserted). The table and marginal notes indicate that Pt 7 Div 4 (Heading and s 58A) and ss 35A, 35B were inserted by No.25/2015 s. 4-5.
Judicial Commission of Victoria Act 2016 (No. 16/2016), assent 19 April 2016; relevant sections commenced 1 July 2017 (s 2(2)). The table notes that ss 157-160 (which amend the CSV Act) commenced 1.7.17. Within the main text there are several insertions and amendments attributed to No. 16/2016: references to the Judicial Commission in definitions and functions (s 3 def; s 8(c)), amendments to s 25(1)(b) and insertion of s 25(1A), and changes to s 41(3)(b) and s 41(6) as indicated by marginal notes (see s 8 and s 25(1A); s 41 notes).
Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017 (No. 38/2017), assent 29 August 2017; ss 51, 52 commenced 11 October 2017 (Special Gazette 3.10.17 p. 1). The main Act records s 8(a)(vii) insertion of the Victims of Crime Assistance Tribunal by No. 38/2017 s. 51 and other amendments such as s 25(1)(c) insertion by No. 38/2017 s. 52(b) are reflected in the marginal notations. The table confirms these amendments.
Statute Law Revision Act 2025 (No. 41/2025), assent 21 October 2025; s 3(Sch. 1 item 15) commenced 22 October 2025 (s 2). The table records that one or more style or definition changes were effected (s 3(Sch. 1 item 15)).

Internal textual annotations within the Act show where specific subsections were inserted or amended. For example:

S 8(a)(vii) (enabling CSV to support the Victims of Crime Assistance Tribunal) was inserted by No. 38/2017 s. 51.
S 25(1A) (restriction relating to the Judicial Commission) was inserted by No. 16/2016 s. 159(2).
S 35A and s 35B (Judicial College employment and functions) were inserted by No. 25/2015 s. 4.
S 58A (transitional provision re Judicial College chief executive) inserted by No. 25/2015 s. 5.

The Endnotes include a “Table of Amendments” summarising these Acts and their commencement dates as they affect the Court Services Victoria Act 2014. The Explanatory details section of the consolidated version has no entries at the date of publication (endnote 3).

The amendments recorded in the Act mainly: (a) incorporated the Judicial Commission into CSV’s arrangements and restricted CSV CEO interference with the Commission’s Director (No. 16/2016); (b) created employment and governance arrangements to integrate the Judicial College’s chief executive officer into CSV arrangements while preserving Board control of termination (No. 25/2015); (c) extended CSV’s functions to the Victims of Crime Assistance Tribunal and adjusted CEO functions (No. 38/2017); and (d) made style and minor revisions (No. 41/2025). These are the specific textual changes referenced in the Act and the table of amendments; no other amendment history or precursor statutes are set out in the provided text.

The Act itself and its consolidated text do not record any cases or litigation that have interpreted its provisions. The Endnotes do not list reported litigation concerning the Act, and no judicial decisions are cited or reproduced in the text provided. The Act’s notes do list statutory cross‑references to other Acts where judicial immunity provisions are found (for example, sections of the Supreme Court Act 1986, County Court Act 1958, Magistrates’ Court Act 1989, Children, Youth and Families Act 2005, Coroners Act 2008 and the Victorian Civil and Administrative Tribunal Act 1998), but these are not decisions and do not reflect litigation under the CSV Act itself (s 21(3) note).

Practitioners looking for case law should search Victorian court databases and reporters for post‑enactment judicial consideration of:

the scope of the Chief Justice’s power under s 16 to prevent Courts Council decisions that would “substantially impair or detract” from institutional integrity;
disputes arising from allocation statements and substitution of CSV for the State in agreements and proceedings under Part 7 Division 2 (ss 47-53);
employment and transfer disputes under the transitional staff transfer provisions (ss 43-45) and interactions with the Public Administration Act 2004; and
cases involving the interplay of CSV’s corporate status, representation of the Crown (s 7), and immunities of Councillors (s 21).

However, such cases are not cited or summarised in this Act text; this note therefore records the absence of litigation references in the primary source and recommends primary legal research in case law databases for any precedents that have developed after the dates covered in the consolidated version. The Endnotes do not provide explanatory details or judicial history entries.

The Act contains multiple provisions that create operational and governance risks or traps for practitioners, administrators and fiscal officers if overlooked. These “gotchas” are concrete statutory features, not policy judgments.

Chief Justice veto and decision‑blocking (s 16)

If the Chief Justice forms the opinion that a proposed Courts Council decision would be incompatible with the institutional integrity of a jurisdiction or the capacity of the Supreme Court to function, the Council may not make that decision (s 16(2)). The Chief Justice must give written reasons and those reasons must appear in the minutes (s 16(3)). This creates a potentially broad executive check by one judicial actor that can block Council decisions; any party implementing administrative change needs to test compatibility with s 16 early and ensure documentary reasoning is available.

Attorney‑General budget control and expenditure prohibition (s 41)

The Attorney‑General approves the CSV budget, may direct the form and content of budgets, and CSV is prohibited from incurring expenditure or liabilities unless provision exists in the Attorney‑General‑approved budget (ss 41(3)-(4), (9)). Operational managers may therefore discover that strategic direction from the Courts Council is constrained by the budgetary approvals environment and that reallocation of funds that reduces a jurisdiction’s budget cannot occur without head consent (s 41(6)).

Limited size and appointment mechanism of Courts Council (ss 12-14)

The Courts Council is dominated by judicial heads (s 12). Only up to two appointed members may be added and they are appointed by a majority of judicial members (s 14(1)). Appointed members may be suspended or removed by the same majority for conduct or incapacity (s 14(3)). This concentrated appointment power constrains external stakeholder representation on the Council.

CEO constraints regarding the Judicial Commission and Judicial College (s 25(1A); ss 35A-35B)

The CEO must not interfere with functions and powers delegated by the Judicial Commission to its Director (s 25(1A)). For the Judicial College, the CEO must employ the College’s chief executive on nomination by the College Board and cannot terminate that employment without Board approval (s 35A(4)). These carve‑outs reduce CSV’s central managerial discretion in two sensitive judicial institutions.

Staff transfer and head agreement requirement (s 38)

The CEO must have the agreement of the head of a jurisdiction before exercising powers that directly affect staff who perform the administrative duties of that jurisdiction (s 38). This can slow or block central managerial actions that would otherwise reassign staff and complicates central workforce planning.

Premier’s power to declare transfers and “no less favourable” standard (s 43)

The Premier may declare transfer of court services employees from the Department of Justice to CSV on terms “no less favourable overall” (s 43(1)), and judicial employees transfer on commencement on similar terms (s 44). The “no less favourable overall” standard is operationally imprecise and may create disputes about entitlements, particularly around comparative benefit valuations.

Allocation statement mechanics and substituted contracts and proceedings (ss 47-53)

Allocation statements, once agreed and proclaimed with an appointed day, vest property and liabilities in CSV and substitute CSV in contracts and proceedings (ss 49, 51-52). Parties must check for encumbrances that remain attached to transferred property unless the allocation statement says otherwise (s 50). Practitioners handling property transfers or litigation must carefully monitor whether an allocation statement has been made and the appointed day because the legal counterparty may change to CSV.

Tax exemption and evidentiary provisions (ss 55-56)

No duty or other tax is chargeable in respect of anything done under the Division concerning transfers (s 55). DOJ books and entries relating to items allocated to CSV are admissible under the Evidence Act as business records (s 56). However, practitioners should take steps to assemble and verify DOJ records before the appointed day to avoid evidentiary gaps.

Limitation on Public Administration Act application (s 37)

A provision of Part 3 of the Public Administration Act does not apply to CSV where inconsistent with the CSV Act or where it provides for direction by the Premier or a Minister (s 37). CSV must examine each provision of the Public Administration Act before assuming it applies; reliance on standard public sector rules may be misplaced without a written Courts Council determination under s 20.

Immunity and liability allocation (s 21)

Members of the Courts Council have statutory protection from personal liability for acts or omissions in good faith, with any liability instead attaching to CSV (s 21(1)-(2)). Judicial members have the same administrative immunities as those that apply when exercising judicial administrative powers (s 21(3)). This shifts litigation risk to CSV and may affect insurance, indemnity and risk management planning.

Annual report and budget transparency requirements (ss 40-41)

CSV’s annual report must include budgets allocated to each jurisdiction and details of services provided (s 40). Courts and jurisdictions that habitually assume confidentiality of internal budgets will find that CSV must publicly disclose allocation details, modulated by reporting requirements the Attorney‑General may prescribe (s 42).

Regulatory scope and potential duties (s 42)

Regulations may confer discretionary authority or impose duties and may differ across time, place or circumstances (s 42(2)(a)-(b)). This creates an ongoing compliance obligation to monitor subordinate legislation that may create new operational duties.

These statutory provisions can produce practical impediments to rapid centralisation or reallocation of resources, require procedural care in transfers and budgeting, and necessitate early engagement with judicial heads and the Attorney‑General whenever administrative change, staffing movements, or budgeting adjustments are contemplated.

This section sets out operational steps and compliance checkpoints for actors affected by the Act: Courts Council members, CSV executive leaders, heads of jurisdictions, Attorney‑General and departmental officials, and parties to contracts or proceedings with the Department of Justice. Each item maps to the statutory provisions cited.

Establish governance and meeting routines (ss 10-15; s 19)

Courts Council should adopt and record procedures to meet the statutory minimum: at least four meetings per calendar year and quorum rules (s 15(1), (3)). Ensure the Chief Justice’s presence or nominee arrangements for quorum and properly record minutes, particularly where the Chief Justice issues a s 16 statement preventing a decision. Form committees only under s 19 procedures and document any delegation by instrument where committee members are Council members (s 19(3)).

Budget planning and Attorney‑General engagement (s 41; s 40)

Prepare CSV budgets and consolidated jurisdictional budgets in the form and containing the information the Attorney‑General specifies (s 41(3)(a)). Submit the budget before financial year end (s 41(1)). If the Attorney‑General requests a budget for a specified period, comply (s 41(2)). Do not expend funds or incur liabilities absent a provision in the Attorney‑General‑approved budget (s 41(9)). Keep detailed budget lines for each jurisdiction for annual report inclusion (s 40(a)). If proposing budget changes that would reduce a jurisdiction’s allocation, obtain the head’s approval (s 41(6)).

Appointment and management of executives (ss 11; 22-30)

Courts Council to conduct executive appointments as executive appointments under Part 3 of the Public Administration Act (s 22(2)). Ensure appointment instruments specify term (up to five years) and reappointment eligibility (s 22(4); s 30(3)). In setting remuneration, comply with State executive remuneration guidelines (s 22(5); s 30(4)). Document grounds and process for removal in line with ss 24 and 32, and ensure removal decisions record factual bases (misconduct, neglect of duty, inability, or other fitness grounds).

Staffing and transfer procedures (ss 36-39; ss 43-45)

For new CSV staff, employ under Part 3 of the Public Administration Act (s 36(1)). When transferring departmental “court services employees,” ensure the Premier’s written declaration is obtained and that terms are no less favourable overall (s 43(1)). For judicial employees, confirm automatic transfer on commencement is effected on no less favourable terms (s 44). Maintain continuity of service and superannuation status (s 45). Before transferring staff who perform internal administration of a jurisdiction, secure the head of jurisdiction’s agreement (s 38). Record transfer instruments and outcomes in personnel files.

Allocation statements, property and contractual continuity (ss 46-56)

Coordinate with the Department of Justice Secretary to prepare allocation statements (s 48(1)). Secure Courts Council agreement (s 48(2)) and Attorney‑General agreement (s 48(4)) before appointing an appointed day (s 47). Prepare a register of former DOJ property allocated to CSV and identify encumbrances to confirm whether the allocation statement needs to displace them (s 50). For each DOJ instrument, record substitutions and communicate changes to counter‑parties and registries; request Registrar of Titles recordings where land is transferred (s 54). Confirm tax/duty exemptions apply for transfer transactions (s 55), and preserve DOJ accounting records for evidentiary adduction under s 56.

Protect judicial institutional integrity (s 16)

Before proposing decisions likely to affect court institutional arrangements, consult the Chief Justice and prepare written rationales addressing potential institutional integrity issues so that, if s 16 is engaged, a reasoned response is ready. Where the Chief Justice issues a written objection, ensure it is minuted and that the Council refrains from making the prohibited decision (s 16(2)-(3)).

Apply public administration frameworks thoughtfully (s 20; s 37)

The Courts Council should assess whether CSV ought to be bound by Division 4 of Part 5 of the Public Administration Act 2004 and, if so, determine which provisions and any modifications under s 20(1)-(3). Provide the Premier with copies of determinations and variations (s 20(5)). Where a provision of Part 3 of the Public Administration Act would create an inconsistency with the CSV Act or impose executive direction, treat it as non‑applicable (s 37).

Manage Judicial Commission and Judicial College interfaces (s 25(1A); ss 35A-35B)

Respect the statutory limits on CEO interference with the Director of the Judicial Commission (s 25(1A)). For the Judicial College chief executive officer, ensure the Board nominates the appointee and that Board approval is sought before any termination action (s 35A(1), (4)). Clarify reporting lines: Board for College operations; CEO for other matters (s 35B).

Record keeping, annual reporting and accountability (ss 27; 40)

As accountable officer under the Financial Management Act, the CEO must prepare operational and financial statements annually (s 27). Ensure CSV’s annual report includes the budget allocated to each jurisdiction and details of administrative services and facilities provided (s 40). Maintain robust accounting and reporting systems to satisfy both CSV and jurisdictional reporting needs.

Legal and contract management

When an allocation statement substitutes CSV into contracts or proceedings (ss 51-52), notify counter‑parties and litigation counsel promptly and update contract registers and litigation files. Confirm continuity provisions under s 57 and review whether any clauses in contracts that prohibit assignment are affected by s 57 protections.

Regulatory compliance

Monitor Victorian regulations under s 42 that may prescribe annual report content or impose duties. Regulations under s 42(2)(c) can impose duties or confer discretionary powers; compliance planning should include a regulatory watch function.

Risk and indemnity

Given s 21 shifts liability for good faith acts to CSV, ensure CSV holds appropriate insurance and indemnity arrangements, and update risk registers and governance risk appetite statements accordingly.

Training and stakeholder engagement

Educate jurisdictional heads, Court CEOs, judicial officers who sit on the Council, and CSV staff on budgetary constraints, staff transfer rules and the Chief Justice’s s 16 role. Set up protocols for consultation with heads of jurisdiction before any staffing or budget decision that affects them.

Practical checklist summary

Prepare and submit budgets to the Attorney‑General in required form and on time (s 41).
Obtain written agreements for staff transfers affecting jurisdictions (s 38).
Ensure allocation statements follow the prescribed multi‑party sign‑off and Gazette appointment process (ss 47-48).
Maintain minutes and written reasons for s 16 matters and removal decisions (s 16; ss 14, 24, 32).
Nominate Court CEOs through heads of jurisdiction and align terms and remuneration with State guidance (s 30).
Retain DOJ accounts and records relevant to allocated property for admissibility (s 56).
Flag any need to be bound by parts of the Public Administration Act and make a written s 20 determination where appropriate.

Following these concrete steps and documenting approval, consultation and decision trails will position CSV, the Courts Council and affiliated jurisdictions to meet the Act’s procedural, financial and governance obligations.

Court Services Victoria Act 2014

Plain English Summary

Deep Dive

What it does

Current sections

Court Services Victoria Act 2014

Source text: opening excerpt

1 Court Services Victoria Act 2014

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply