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;
(c) in the case of the Magistrates' Court, the Chief Magistrate;
(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
(c) the Magistrates' 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
(c) a person employed under section 36; 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
(c) may sue and be sued; 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).
(c) to enable the Judicial Commission to perform its functions.
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
(c) subject to this Act, may perform the function and exercise the powers of Court Services Victoria.
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;
(c) any other functions and powers conferred on it by or under this or any other Act.
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;
(c) the Chief Magistrate;
(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
(c) has failed to attend 4 consecutive meetings of the Courts Council without reasonable excuse; 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
(c) resigns by writing delivered to the Courts Council; 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;
(c) inability to perform the duties of the office;
(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).
(c) any function conferred by or under any other Act.
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
(c) resigns by writing delivered to the Courts Council; 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
(c) that refers to the Secretary or the Department of Justice; 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 CourtServices Victoria Act 2014 by Acts and subordinate instruments.