1Purpose
The main purpose of this Act is to establish Court Services Victoria.
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Bill homepage (legislation.vic.gov.au)The main purpose of this Act is to establish Court Services Victoria.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 1 July 2014, it comes into operation on that day.
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—
in the case of the Supreme Court, the Chief Justice;
in the case of the County Court, the Chief Judge;
in the case of the Magistrates' Court, the Chief Magistrate;
in the case of the Children's Court, the President of the Children's Court;
in the case of the Coroners Court, the State Coroner;
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—
the Supreme Court; or
the County Court; or
the Magistrates' Court; or
the Children's Court; or
the Coroners Court; or
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—
the Chief Executive Officer; or
a Court Chief Executive Officer; or
a person employed under section 36; or
a judicial employee; or
the chief executive officer of the Judicial College of Victoria; or
a person employed under section 16(2) of the Judicial College of Victoria Act 2001; or
the Director of the Judicial Commission.
S. 3 def. of State Services Authority repealed by No. 25/2015 s. 3(b).
* * * * *
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
Court Services Victoria is established.
Court Services Victoria—
is a body corporate with perpetual succession; and
has an official seal; and
may sue and be sued; and
may acquire, hold and dispose of real and personal property; and
may do and suffer all acts and things that a body corporate may by law do and suffer.
The official seal of Court Services Victoria must—
be kept in custody as directed by the Courts Council; and
not be used except as authorised by the Courts Council.
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.
In performing its functions and exercising its powers, Court Services Victoria represents the Crown.
Nothing in subsection (1) detracts from the independence of Court Services Victoria from the direction of the executive branch of government.
The function of Court Services Victoria is to provide, or arrange for the provision of, the administrative services and facilities necessary or desirable—
to support the performance of the judicial, quasi-judicial and administrative functions of—
the Supreme Court; and
the County Court; and
the Magistrates' Court; and
the Children's Court; and
the Coroners Court; and
VCAT; and
S. 8(a)(vii) inserted by No. 38/2017 s. 51.
the Victims of Crime Assistance Tribunal; and
S. 8(b) amended by No. 16/2016 s. 158(a).
to enable the Judicial College of Victoria to perform its functions; and
S. 8(c) inserted by No. 16/2016 s. 158(b).
to enable the Judicial Commission to perform its functions.
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
The Courts Council is established.
The Courts Council—
is the governing body of Court Services Victoria; and
has the general direction and superintendence of Court Services Victoria; and
subject to this Act, may perform the function and exercise the powers of Court Services Victoria.
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—
to direct the strategy, governance and risk management of Court Services Victoria;
to appoint, in accordance with this Act—
the Chief Executive Officer of Court Services Victoria; and
a Court Chief Executive Officer for each jurisdiction;
any other functions and powers conferred on it by or under this or any other Act.
Division 2—Members of the Courts Council
The Courts Council consists of—
the judicial members of the Courts Council; and
up to 2 other members appointed under section 14.
The judicial members of the Courts Council are—
the Chief Justice;
the Chief Judge;
the Chief Magistrate;
the President of the Children's Court;
the State Coroner;
the President of VCAT.
The Chief Justice is the Chair of the Courts Council.
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