1 The Auditor-General appointed under section 94A of the Constitution Act 1975;
2 The Information Commissioner appointed under the Freedom of Information Act 1982 in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014;
3 The Health Complaints Commissioner appointed under section 111 of the Health Complaints Act 2016;
4 The IBAC;
5 The Ombudsman appointed under section 3 of the Ombudsman Act 1973;
6 Integrity Oversight Victoria;
7 A person or body of another State, a Territory or the Commonwealth that has functions corresponding to any or all of the functions of a person or body referred to in item 1, 2, 3, 4, 5 or 6;
8 A person or body of another State, a Territory or the Commonwealth that has functions corresponding to any or all of the functions of the Judicial Commission;
9 The Australian Crime Commission or another Commonwealth body having functions corresponding to any or all of the functions of that Commission;
10 The Judicial Commission of New South Wales or another New South Wales body having functions corresponding to any or all of the functions of that Commission;
11 A prescribed person or body that has an integrity function.
Schedule 2—Savings and transitional provisions
1 Matters referred under the Constitution Act 1975
Any matter that was referred to an investigating committee under section 87AAD of the Constitution Act 1975 before the commencement of section 154 of this Act may continue to be investigated by that committee under Part IIIAA of the Constitution Act 1975 after the commencement of section 156 of this Act and Part IIIAA of the Constitution Act 1975 as in force before that commencement continues to apply in respect of that matter.
2 Application of Act to conduct occurring before commencement of section 5 or 6
This Act applies to a complaint or referral that is made on or after the commencement of section 5 or 6 of this Act irrespective of when the conduct that is the subject of the complaint or referral is alleged to have occurred.
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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: 10 December 2015
Legislative Council: 25 February 2016
The long title for the Bill for this Act was "A Bill for an Act to amend the to establish the Judicial Commission of Victoria under that Act, to provide for investigations into judicial officers and non-judicial members of VCAT, to make consequential and other amendments to other Acts and for other purposes."
Constitution Act 1975
Constitution Act 1975:
Special majorities:
Legislative Assembly: 8 March 2016
Legislative Council: 14 April 2016
Absolute majorities:
Legislative Assembly: 8 March 2016
Legislative Council: 14 April 2016
The Judicial Commission of Victoria Act 2016 was assented to on 19 April 2016 and came into operation as follows:
Sections 214–216 on 1 June 2017: section 2(3); sections 1–213, Schedules 1, 2 on 1 July 2017: section 2(2); section 217 on 1 June 2018: section 2(4).
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 Commission of Victoria Act 2016 by Acts and subordinate instruments.
Judicial Commission of Victoria Act 2016, No. 16/2016
| Assent Date: | 19.4.16 |
| Commencement Date: | Ss 214–216 on 1.6.17: s. 2(3); s. 213 on 1.7.17: s. 2(2); s. 217 on 1.6.18: s. 2(4) |
| Note: | S. 213 repealed Pts 10, 11 (ss 148–213) on 1.6.18; s. 217 repealed Pt 12 (ss 214–217) on 1.6.18 |
| Current State: | This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016 |
Health Complaints Act 2016, No. 22/2016
| Assent Date: | 3.5.16 |
| Commencement Date: | S. 237 on 1.2.17: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016 |
Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017
| Assent Date: | 16.5.17 |
| Commencement Date: | S. 133 on 1.9.17: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016 |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 73) on 1.3.19: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016 |
Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019
| Assent Date: | 5.3.19 |
| Commencement Date: | Ss 93–101 on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1 |
| Current State: | This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016 |
Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022
| Assent Date: | 15.2.22 |
| Commencement Date: | Ss 98, 99 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1 |
| Current State: | This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016 |
Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024
| Assent Date: | 20.8.24 |
| Commencement Date: | Ss 119–123 on 31.12.24: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016 |
Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024
| Assent Date: | 10.9.24 |
| Commencement Date: | S. 66 on 11.9.24: s. 2(1); s. 113(Sch. 1 item 18) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |
| Current State: | This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016 |