1Purpose and outline of Act

(1)

The purpose of this Act is to establish the Victorian Law Reform Commission as a central agency for developing law reform in Victoria.

S. 1(2) amended by Nos 18/2005 s. 18(Sch. 1 item 116.1), 23/2012 s. 10. 17/2014 s. 160(Sch. 2 item 107.1).

(2)

In outline this Act—

• establishes the Victorian Law Reform Commission (VLRC) with a full-time or part-time chairperson and full-time and part‑time members;

• provides for the employment of a chief executive officer and other staff in VLRC and for it to be also assisted by consultants;

• sets up arrangements under which VLRC may be funded by annual payments out of the Public Purpose Fund maintained by the Victorian Legal Services Board;

• requires VLRC to report to the Attorney-General on law reform proposals referred to it by him or her;

• enables VLRC to suggest references and undertake relevant educational programs;

• limits VLRC's powers to deal with property and spend money;

• allows Divisions of the Commission to be constituted to deal with references;

• requires VLRC to supply information to Parliament and Parliamentary Committees;

• repeals the Law Reform Commission (Repeal) Act 1992.

(3)

Subsection (2) is intended only as a guide to readers as to the general scheme and effect of this Act.

2Commencement

(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 2001, it comes into operation on that day.

3Definitions

In this Act—

chairperson means chairperson of the Commission appointed under section 7(2);

Commission means Victorian Law Reform Commission established under section 4;

Division means Division of the Commission constituted under section 13;

member means member of the Commission appointed under section 7(2) and includes the chairperson;

reference means reference by the Attorney-General to the Commission under section 5.

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Part 2—Establishment, functions and powers of the Commission

4Establishment of the Commission

(1)

The Victorian Law Reform Commission is established by this Act.

(2)

The Commission—

(a)

is a body corporate with perpetual succession;

(b)

has a common seal;

(c)

may sue and be sued in its corporate name;

(d)

subject to section 6, may acquire, hold and dispose of real and personal property;

(e)

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 common seal of the Commission affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

(4)

The common seal of the Commission must be kept in such custody as the Commission directs and must not be used except as authorised by it.

5Functions of the Commission

(1)

The functions of the Commission are—

(a)

to examine, report and make recommendations to the Attorney-General on any proposal or matter relating to law reform in Victoria that is referred to the Commission by the Attorney-General;

(b)

to examine, report and make recommendations to the Attorney-General on any matter that the Commission considers raises relatively minor legal issues that are of general community concern if the Commission is satisfied that the examination of that matter will not require a significant deployment of the resources available to the Commission;

(c)

to suggest to the Attorney-General that a proposal or matter relating to law reform in Victoria be referred to the Commission by the Attorney-General;

(d)

to monitor and co-ordinate law reform activity in Victoria;

(e)

to undertake educational programs on any area of the law relevant to a reference, whether past or current.

(2)

The Attorney-General may—

(a)

modify the terms of a reference;

(b)

give directions to the Commission as to—

(i)

the priority it must give to a reference;

(ii)

the time within which it must report on a reference;

(c)

at any time before the Commission is to report on a reference, require it to submit an interim report to him or her within a specified time.

6Powers of the Commission

(1)

Subject to subsection (2), the Commission has power to do all things necessary or convenient to be done for, or in connection with, performing its functions.

(2)

The Commission must not, without the prior written approval of the Attorney-General—

(a)

acquire any property, right or privilege for a consideration of more than $250 000 or any higher amount prescribed for the purposes of this paragraph; or

(b)

dispose of any property, right or privilege that has a value, or for a consideration, of more than $250 000 or any higher amount prescribed for the purposes of this paragraph; or

(c)

obtain a lease over any land or premises.

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Part 3—Constitution and procedure of the Commission

7Constitution of the Commission

(1)

The Commission consists of—

S. 7(1)(a) amended by No. 23/2012 s. 11.

(a)

a full-time or part-time chairperson; and

(b)

such number of full-time and part-time members as the Governor in Council considers necessary to enable the Commission to perform its functions.

(2)

The chairperson and other members are appointed by the Governor in Council.

S. 7(3) amended by No. 79/2006 s. 61.

(3)

The Attorney-General may appoint a member to act as chairperson (whether on a full-time or part-time basis) for a period not exceeding 6 months—

(a)

during a vacancy in the office of chairperson; or

(b)

while the chairperson is absent from Victoria or is, for any other reason, unable to perform the duties of the office of chairperson.

(4)

While a member is acting as chairperson, he or she has and may exercise all the powers, and must perform all the duties, of the chairperson.

8Terms and conditions of office of members

(1)

A member holds office—

(a)

subject to section 10, for the term (not exceeding 4 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. 8(2) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 224.1), 80/2006 s. 26(Sch. item 112).

(2)

The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.

9Payment of members

A member 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.

10Vacancies, resignations, removal from office

(1)

A member's office becomes vacant if he or she—

(a)

without the Attorney-General's approval, fails to attend 3 consecutive meetings of the Commission; or

(b)

is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence.

(2)

A member may resign by writing delivered to the Governor in Council.

(3)

The Governor in Council may remove a member from office if of the opinion that the member—

(a)

is guilty of improper conduct in carrying out the duties of his or her office;

(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.

11Validity of acts or decisions

(1)

An act or decision of the Commission is not invalid merely because of—

(a)

a defect or irregularity in, or in connection with, the appointment of a member; or

(b)

a vacancy in the membership of the Commission.

(2)

Anything done by or in relation to a member purporting to act as chairperson is not invalid merely because—

(a)

there was a defect or irregularity in relation to the acting appointment; or

(b)

the occasion for the person to act had not arisen or had ceased.

12Meetings of the Commission

(1)

The chairperson must convene as many meetings of the Commission as he or she considers necessary for the efficient conduct of its affairs.

(2)

The chairperson or, in his or her absence, a member appointed to act as chairperson under section 7(3), must preside at a meeting of the Commission.

(3)

The quorum for a meeting of the Commission is a majority of the members in office for the time being.

(4)

A question arising at a meeting of the Commission is determined by a majority of the votes of the members present and voting on the question.

(5)

The person presiding has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote.

(6)

Subject to this Act, the Commission may regulate its own procedure.

Victorian Law Reform Commission Act 2000

About this Act

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