The object of these Rules is to make Rules with respect to the Supreme Court Library and the Supreme Court Library Fund.
2 Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
3 Commencement
These Rules come into operation on 1 July 2024.
4 Revocations
(1) The Supreme Court Library Rules 2019[1] are revoked.
(2) The Supreme Court Library Fund Investment Rules 2021[2] are revoked.
5 Definitions
In these Rules—
Committee means the Supreme Court Library Committee established by Rule 6;
Judge of the Supreme Court has the same meaning as Judge of the Court has in section 3 of the Supreme Court Act 1986;
Note
This means a Judge of the Court referred to in section 75(3) of the and includes a reserve Judge engaged under section 81B of the to undertake the duties of a Judge of the Court during any period of engagement.
Constitution Act 1975
Constitution Act 1975
local legal practitioner means a legal practitioner whose principal place of practice is Victoria and who is on the local legal profession register maintained under the Legal Profession Uniform Law (Victoria);
Supreme Court Library Fund means the Fund referred to in Rule 13.
6 Supreme Court Library Committee
(1) There is a Supreme Court Library Committee.
(2) The Supreme Court Library Committee has the following functions—
(a) the control, management and good governance of the Supreme Court Library; and
(b) by agreement, the control and management of library services—
(i) of Victorian courts or tribunals other than the Supreme Court; and
(ii) for members of the legal profession; and
(c) the control and management of the Supreme Court Library Fund, including being responsible for investing and keeping invested the Fund.
(3) The Supreme Court Library Committee has all powers necessary for the carrying out of its functions.
7 Composition of Committee
(1) The Committee shall consist of 10 members being—
(a) the Chief Justice or the Chief Justice's nominee, who shall be a Judge of the Supreme Court; and
(b) the following members appointed from time to time as members by the Council of Judges—
(i) two Judges of the Supreme Court; and
(ii) one Judge of the County Court nominated by the Chief Judge; and
(iii) one magistrate nominated by the Chief Magistrate; and
(iv) one member of VCAT nominated by the President of VCAT; and
(v) four local legal practitioners for a period of two years.
(2) The Board of the Law Institute of Victoria and the Victorian Bar Council may each nominate two local legal practitioners for appointment to the Committee.
(3) In the event of a vacancy, the Council of Judges may fill that vacancy.
8 Chair of Committee
The Chair of the Committee shall be—
(a) the Chief Justice or the Chief Justice's nominee; or
(b) a Judge of the Supreme Court nominated by the Chief Justice as Chair from the Judges appointed under Rule 7(1)(b)(i).
9 Quorum
The Committee shall meet at such times and places as the Chair of the Committee directs and five members shall be a quorum.
10 Voting
The Chair of the Committee present at a meeting of the Committee shall have both a deliberative and a casting vote.
11 Secretary
Unless some other person is appointed so to act, the Supreme Court Librarian shall be Secretary to the Committee.
12 Subcommittees
The Committee may establish any subcommittees it considers necessary for the carrying out of its functions in relation to the Supreme Court Library or the Supreme Court Library Fund.
13 Supreme Court Library Fund
(1) The Committee shall ensure that the Supreme Court Library Fund as is from time to time available for investment is fully and properly invested in any manner authorised by law.
(2) The Income and Expenditure Account and the Investment Fund, including any amount held for the purposes of awarding prizes, constituted and existing under the Supreme Court Library Fund Investment Rules 2021 before their revocation shall be the Supreme Court Library Fund for the purposes of these Rules.
(3) All investments of money standing to the credit of any investment fund in the Supreme Court Library Fund shall be made in the name of a nominee company, being a company limited by guarantee—
(a) of which all directors are persons nominated by the Chief Justice as directors, of whom at least one shall be a Judge of the Supreme Court or a former Judge of the Supreme Court; and
(b) which engages in no activities other than the holding of securities and other investments comprised in the Supreme Court Library Fund.
14 Rules
(1) The Committee may make recommendations to the Judges of the Supreme Court for Rules to be made by the Judges providing for—
(a) the control, management and good governance of the Supreme Court Library and the Supreme Court Library Fund;
(b) the functions of the Committee; and
(c) penalties for breaches of the Rules.
(2) Subject to the Rules, members of the legal profession of Victoria shall have access to the Supreme Court Library.
15 Transitional provisions
(1) The members of the Supreme Court Library Committee established by the Supreme Court Library Rules 2019 who were in office immediately before the commencement of these Rules, subject to these Rules—
(a) hold office, as members of the Committee on and after that commencement for the balance of their period of appointment; and
(b) are eligible for re-appointment.
(2) The Committee is taken to be the same body as it was immediately before the commencement of these Rules despite the changes to the constitution or quorum of the Committee made by these Rules, and no decision, matter or thing is to be affected because of those changes.
Dated: 23 May 2024
ANNE FERGUSON, C.J.
KARIN EMERTON, P.
DAVID F. R. BEACH, J.A.
R. NIALL, J.A.
K. WALKER, J.A.
C. MACAULAY, J.A.
L. A. TAYLOR, J.A.
C. B. BOYCE, J.A.
R. J. ORR, J.A.
ELIZABETH HOLLINGWORTH, J.
ANTHONY CAVANOUGH, J.
JAMES D. ELLIOTT, J.
MELANIE SLOSS, J.
CHRISTOPHER W. BEALE, J.
MICHAEL McDONALD, J.
RITA INCERTI, J.
JANE DIXON, J.
A. J. KEOGH, J.
MICHELLE QUIGLEY, J.
M. N. CONNOCK, J.
MELINDA RICHARDS, J.
S. J. MOORE, J.
ANDREW J. TINNEY, J.
JACINTA FORBES, J.
J. DELANY, J.
KATHRYN STYNES, J.
JAMES GORTON, J.
MICHAEL OSBORNE, J.
S. A. O'MEARA, J.
RICHARD ATTIWILL, J.
AMANDA FOX, J.
ANDREA TSALAMANDRIS, J.
P. R. D. GRAY, J.
P. MATTHEWS, J.
I. WALLER, J.
C. M. HARRIS, J.
A. J. WATSON, J.
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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.
The Supreme Court Library Rules 2024, S.R. No. 36/2024 were made on 23 May 2024 by the Judges of the Supreme Court under section 25 of the Supreme Court Act 1986, No. 110/1986 and came into operation on 1 July 2024: rule 3.
The Supreme Court Library Rules 2024 will sunset 10 years after the day of making on 23 May 2034 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Supreme Court Library Rules 2024 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
Rule 4(1): S.R. No. 20/2019 as amended by S.R. No. 95/2023. ↑