New legislation to increase flexibility for courts

The flexibility and independence of Victoria’s courts and jurisdictions will be further strengthened under legislation brought into Parliament today.

Attorney-General Robert Clark said the Courts Legislation Amendment (Judicial Officers) Bill was the second stage in the Victorian Coalition Government’s reforms to allow Victoria’s courts to better meet short term needs and to attract and retain well-qualified judges.

“This Bill will greatly increase the flexibility available to courts to respond to the operational needs of each jurisdiction,” Mr Clark said.

The Bill confers the functions of engaging reserve judges and magistrates to perform judicial duties, and approving other paid work or the holding of other paid offices during the term of an engagement, on the relevant head of jurisdiction rather than the Attorney-General.

The Bill also allows judges and magistrates to serve on a part time basis by arrangement with the head of jurisdiction.

This will allow judges and magistrates who have family commitments to continue to be able to serve the community.

The Bill increases the maximum age of service as a reserve judicial officer from 75 years to 78 years, giving the courts greater opportunity to benefit from the expertise of a larger pool of former judges, associates and magistrates.

Heads of jurisdiction will be able to engage a reserve judicial officer to serve for periods of up to six months at a time.

The Bill will also provide for the new offices of reserve associate judge and reserve coroner.

“This Bill will allow courts to engage and deploy reserve and part time judges and magistrates on a flexible basis in accordance with the court’s needs and to meet peaks in demand or to cover unexpected vacancies and absences,” Mr Clark said.

“It will also reinforce the independence of the courts by giving the head of each jurisdiction, rather than the Attorney-General, the authority to decide how and when reserve judges and part time judges will be used.”