Version incorporating amendments as at
5 April 2023
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1 Purpose
The purpose of this Act is to establish the Judicial College of Victoria with the function of assisting the professional development of judicial officers and providing continuing education and training for judicial officers.
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 February 2002, it comes into operation on that day.
3 Definitions
Section 1 - Judicial College of Victoria Act 2001 - Judicial College of Victoria Act 2001 | Zoe
In this Act—
appointed director means a director appointed under section 8(1)(e);
Board means board of directors of the College;
chairperson means chairperson of the Board;
College means Judicial College of Victoria established under section 4;
director means chairperson or other director of the College;
S. 3 def. of judicial officer amended by Nos 79/2006 s. 26, 24/2008 s. 80(1), 26/2012 s. 18.
judicial officer means—
(a) a Judge, an Associate Judge or a judicial registrar of the Supreme Court; or
(b) a judge, an associate judge or a judicial registrar of the County Court; or
(c) a magistrate or judicial registrar of the Magistrates' Court or a magistrate or a judicial registrar of the Children's Court; or
(d) a coroner within the meaning of the Coroners Act 2008 or a judicial registrar of the Coroners Court; or
(e) a member of the Victorian Civil and Administrative Tribunal.
Part 2—Establishment, functions and powers of the College
4 Establishment of the College
(1) The Judicial College of Victoria is established by this Act.
(2) The College—
(a) is a body corporate with perpetual succession;
(b) has an official seal;
(c) may sue and be sued in its corporate name;
S. 4(2)(d) amended by No. 20/2022 s. 25.
(d) may acquire, hold and dispose of personal property;
(e) subject to section 6, may do and suffer all acts and things that a body corporate may by law do and suffer.
(3) All courts must take judicial notice of the official seal of the College affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
(4) The official seal of the College must be kept in such custody as the College directs and must not be used except as authorised by it.
5 Functions of the College
(1) The functions of the College are—
(a) to assist in the professional development of judicial officers;
(b) to provide continuing education and training for judicial officers;
(c) to produce relevant publications;
(d) to provide (on a fee for service basis) professional development services, or continuing judicial education and training services, to persons who are not judicial officers within the meaning of this Act;
(e) to liaise with persons and organisations in connection with the performance of any of its functions.
(2) In performing its functions under subsection (1)(a), (b) and (c), the College must—
(a) consult with judicial officers about the nature and extent of the College's professional development activities and continuing education and training activities;
(b) have regard to the differing needs of different classes of judicial officers and give particular attention to the training of newly appointed judicial officers;
(c) have regard to any other matters that appear to the College to be relevant.
(3) The College may perform its functions, and exercise its powers, within or outside Victoria.
6 Powers of the College
S. 6(1) amended by No. 20/2022 s. 26(1).
(1) Subject to subsection (2), the College has power to do all things necessary or convenient to be done for, or in connection with, performing its functions.
(2) The College does not have power to acquire, hold or dispose of real property.
S. 6(3) repealed by No. 20/2022 s. 26(2).
S. 7 amended by No. 20/2022 s. 27.
7 Delegation
The College, by instrument, may delegate to—
(a) a director; or
(b) the chief executive officer of the College; or
(c) an employee referred to in section 16(2); or
(d) the members of a committee established under section 15—
any function or power of the corporation, other than this power of delegation.
Part 3—Management and procedure of the College
8 Board of directors
S. 8(1) amended by Nos 38/2017 s. 67(a), 20/2022 s. 28(a).
(1) There shall be a board of directors of the College consisting of at least 9 but not more than 10 directors of whom—
S. 8(1)(a) amended by No. 24/2008 s. 80(2)(a).
(a) one is the Chief Justice of the Supreme Court, or another Judge or an Associate Judge of that Court nominated by the Chief Justice, who is to be the chairperson; and
(b) one is the President of the Victorian Civil and Administrative Tribunal or another member of that Tribunal nominated by the President; and
S. 8(1)(c) amended by No. 24/2008 s. 80(2)(b).
(c) one is the Chief Judge of the County Court or another judge or an associate judge of that Court nominated by the Chief Judge; and
(d) one is the Chief Magistrate or another magistrate nominated by the Chief Magistrate; and
S. 8(1)(da) inserted by No. 38/2017 s. 67(b).
(da) one is the President of the Children's Court of Victoria or another magistrate of that Court nominated by the President; and
S. 8(1)(db) inserted by No. 38/2017 s. 67(b).
(db) one is the State Coroner or another coroner nominated by the State Coroner; and
S. 8(1)(e) amended by No. 20/2022 s. 28(b)(i).
(e) at least 3 but not more than 4 are persons appointed by the Governor in Council on the nomination of the Attorney-General of whom—
S. 8(1)(e)(i) amended by No. 20/2022 s. 28(b)(ii).
(i) at least one must have experience as a member of the academic staff of a tertiary or other educational institution; and
S. 8(1)(e)(ii) substituted by No. 20/2022 s. 28(b)(iii).
(ii) at least 2 must be persons who, in the opinion of the Attorney‑General, have broad experience in community issues affecting courts.
(2) The Board—
(a) is responsible for the management of the affairs of the College; and
(b) may exercise the powers of the College.
9 Terms and conditions of office of directors
(1) An appointed director holds office—
(a) subject to section 11, for the term (not exceeding 5 years) that is specified in his or her instrument of appointment, and is eligible for re-appointment; and
(b) on any other terms and conditions, not inconsistent with this Act, that are specified in his or her instrument of appointment.
S. 9(2) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 106.1), 80/2006 s. 26(Sch. item 55).
(2) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director in respect of the office of director.
S. 9(3) amended by No. 24/2008 s. 80(3).
(3) Service by a judge, associate judge or magistrate as a director of the College must be taken to be service as a judge, associate judge or magistrate, as the case requires.
10 Payment of appointed directors
An appointed director is entitled to be paid the remuneration and allowances that are specified in his or her instrument of appointment or are fixed from time to time in respect of him or her by the Governor in Council.
11 Vacancies and removal of appointed directors from office
(1) An appointed director's office becomes vacant—
(a) on the expiry of his or her term of office; or
(b) if he or she resigns from office under subsection (3); or
(c) if he or she is removed from office under subsection (4); or
(d) if he or she is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or
S. 11(1)(e) amended by No. 20/2022 s. 29.
(e) if the appointed director, without the chairperson's approval, fails to attend 3 consecutive meetings of the Board.
(2) The office of a director, other than an appointed director, becomes vacant if he or she ceases to hold the judicial office that he or she held on becoming a director.
(3) An appointed director may resign from office by writing delivered to the Governor in Council.
(4) The Governor in Council may remove an appointed director from office if of the opinion that the director—
(a) is guilty of improper conduct in carrying out the duties of his or her office; or
(b) is mentally or physically incapable of carrying out satisfactorily the duties of his or her office; or
(c) has failed to comply with any term or condition of appointment.
12 Alternate directors
S. 12(1) amended by No. 20/2022 s. 30.
(1) A director, other than an appointed director, may appoint another judicial officer (from the same court or tribunal as him or her) to be an alternate director.
(2) The Governor in Council may, on the nomination of the Attorney-General, appoint another person (qualified for appointment under section 8(1)(e)) to be an alternate director of an appointed director.
(3) If a director is absent from duty or is, for any reason, unable to attend a meeting of the Board or perform any other duty of the office of director, his or her alternate—
(a) may act in the place of the director; and
(b) while so acting, has all the powers, and may perform all the functions and duties of the director and is to be taken to be a director.
(4) An appointment of an alternate director is—
(a) subject to subsection (6), for the period (not exceeding 12 months) that is specified in his or her instrument of appointment; and
(b) subject to any other terms and conditions, not inconsistent with this Act, that are specified in his or her instrument of appointment.
(5) An alternate director is eligible for re‑appointment.
(6) The director or Governor in Council may at any time revoke the appointment of an alternate director appointed by him or her.
13 Validity of acts or decisions
An act or decision of the Board is not invalid merely because of—
(a) a defect or irregularity in, or in connection with, the appointment of a director or alternate director; or
(b) a vacancy in the membership of the Board; or
(c) the occasion for an alternate director acting in the place of a director not having arisen or having ceased.
14 Meetings of the Board
S. 14(1) amended by No. 20/2022 s. 31(1).
(1) The chairperson must convene as many meetings of the Board as he or she considers necessary for the efficient conduct of its affairs but must ensure that the Board meets at least once every 4 months.
(2) The chairperson must preside at any meeting of the Board at which he or she is present.
S. 14(3) substituted by No. 20/2022 s. 31(2).
(3) The chairperson may appoint another director to preside at a meeting of the Board that the chairperson is unable to attend.
S. 14(3A) inserted by No. 20/2022 s. 31(2).
(3A) If the chairperson is absent from a meeting of the Board and has not appointed a director to preside, the directors present at the meeting must elect a director to preside.
(4) The quorum for a meeting of the Board is 4 directors, including at least one appointed director.
(5) A question arising at a meeting of the Board is determined by a majority of the votes of the directors present and voting on the question.
(6) The person presiding has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote.
S. 14(7) amended by No. 20/2022 s. 31(3).
(7) Subject to this Act, the Board may regulate its own procedure, including for the making of resolutions at meetings and at other times.
15 Committees
(1) The College may establish committees to assist it in performing any of its functions.
(2) It does not matter that any or all of the members of a committee are not directors.
(3) Subject to any determination made by the College, the procedure for the calling of meetings of a committee and for the conduct of business at those meetings shall be determined by the committee.
16 Staff
S. 16(1) amended by No. 108/2004 s. 117(1) (Sch. 3 item 106.2).
(1) A chief executive officer of the College must be employed under Part 3 of the Public Administration Act 2004.
S. 16(2) amended by No. 108/2004 s. 117(1) (Sch. 3 item 106.2).
(2) Subject to the College's budget, as many other employees as are necessary to enable the College to perform its functions may be employed under Part 3 of the Public Administration Act 2004.
17 Appointment of consultants
(1) The College may engage persons with suitable qualifications and experience as consultants to the College either in an honorary capacity or for remuneration.
(2) The remuneration of consultants shall be determined by the College having regard to its budget.
Part 4—Miscellaneous
18 Control on expenditure
Money must only be spent by the College in defraying expenses incurred by it in performing its functions, including paying any remuneration, salaries or allowances payable to appointed directors, staff or consultants.
19 Parliamentary requirement for information
S. 19(1) substituted by No. 110/2003 s. 59.
(1) The College must comply with any information requirement lawfully made of it by—
(a) a House of the Parliament; or
S. 19(1)(b) amended by No. 20/2005 s. 43.
(b) a Joint Investigatory Committee or the House Committee, within the meaning of the Parliamentary Committees Act 2003; or
(c) a committee of the Legislative Council or Legislative Assembly on a private Bill.
(2) In this section information requirement means a requirement to give information of a specified kind within a specified period relating to—
(a) the performance by the College of its functions; or
(b) the exercise by the College of its powers; or
(c) the College's expenditure or proposed expenditure.
20 Regulations
The Governor in Council may make regulations for or with respect to any matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.
The board of directors of the College is taken to be the same body despite the changes to its composition made by the Justice Legislation Amendment Act 2022.
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: 3 May 2001
Legislative Council: 22 May 2001
The long title for the Bill for this Act was "A Bill to establish the Judicial College of Victoria and define its functions and powers and for other purposes."
The Judicial College of Victoria Act 2001 was assented to on 29 May 2001 and came into operation on 1 February 2002: 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 Judicial College of Victoria Act 2001 by Acts and subordinate instruments.