As a result of the Report tabled by the Legal and Constitutional
Committee and its recommendations, various amendments were made to the
Constitution Act 1975 by the Constitution (Jurisdiction of Supreme
Court) Act 1991 which was enacted by the Parliament in June 1991.
Those amendments are to be found in sections 18(2) and (2A) and 85(5)
- (8) of the Constitution Act 1975. In 1992, section 4D of the
Parliamentary Committees Act 1968 was amended to give the Scrutiny
of Acts and Regulations Committee the additional function of scrutinising
Bills. The amendments are as follows:-
"Section 18 of the Constitution Act 1975
(1) Subject to sub-section (2) the Parliament may by any
Act repeal alter or vary all or any of the provisions of this Act and
substitute others in lieu thereof.
(2) It shall not be lawful to present to the Governor
for Her Majesty’s assent any Bill-
(a) by which an alteration in the constitution of the
Parliament, the Council or the Assembly may be made; or
(b) by which this section, Part I, Part IIA, Part III
except section 85, or Division 2 of Part V, or any provision s therein
contained may be repealed altered or varied-
unless the second and third readings of such Bill shall
have been passed with the concurrence of an absolute majority of the
whole number of the members of the Council and of the Assembly respectively.
(2A) A provision of a Bill by which section 85 may be
repealed, altered or varied is void if the Bill is not passed with the
concurrence of an absolute majority of the whole number of the members
of the Council and of the Assembly respectively.
(3) Any Bill dealing with any of the matters specified
in paragraphs (a) and (b) of sub-section (2) which has not been passed
with the concurrence of an absolute majority of the whole number of
the members of the Council and of the Assembly respectively shall be
void.
(4) Sub-section (2) shall not apply to any Bill to-
(a) alter the qualifications of electors and members of
the Council or the Assembly;
(b) establish new electoral provinces or districts or
vary or alter any such province or district;
(c) appoint alter increase or decrease the number of members
of the Council or the Assembly to be elected for an electoral province
or district;
(d) increase the whole number of members of the Council
or the Assembly;
(e) alter and regulate the appointment of returning officers;
or
(f) make provision for the issue and return of writs for
the election of members to serve in the Council and the Assembly respectively
or for the time place and manner of holding such elections.
Section 85 of the Constitution Act 1975
(1) Subject to this Act the Court shall have the jurisdiction
in or in relation to Victoria its dependencies and the areas adjacent
thereto in all cases whatsoever and shall be the superior Court of Victoria
with unlimited jurisdiction.
* * * * * * * * * * *
(3) The Court has and may exercise such jurisdiction (whether
original or appellate) and such powers and authorities as it had immediately
before the commencement of the Supreme Court Act 1986.
(4) This Act does not limit or affect the power of the
Parliament to confer additional jurisdiction or powers on the Court.
(5) A provision of an Act, other than a provision which
directly repeals or directly amends any part of this section, is not
to be taken to repeal, alter or vary this section unless-
(a) the Act expressly refers to this section in, or in
relation to, that provision and expressly, and not merely by implication,
states an intention to repeal, alter or vary this section; and
(b) the member of the Parliament who introduces the Bill
for the Act or, if the provision is inserted in the Act by another Act,
the Bill for that other Act, or a person acting on his or her behalf,
makes a statement to the Council or the Assembly, as the case requires,
of the reasons for repealing, altering or varying this section; and
(c) the statement is so made-
(i) during the member’s second reading speech; or
(ii) after not less than 24 hours’ notice is given
of the intention to make the statement but before the third reading
of the Bill; or
(iii) with the leave of the Council or the Assembly, as
the case requires, at any time before the third reading of the Bill.
(6) A provision of a Bill which excludes or restricts,
or purports to exclude or restrict, judicial review by the Court of
a decision of another court, tribunal, body or person is to be taken
to repeal, alter or vary this section and to be of no effect unless
the requirements of sub-section (5) are satisfied.
(7) A provision of an Act which creates, or purports to
create, a summary offence is not to be taken, on that account, to repeal,
alter or vary this section.
(8) A provision of an Act that confers jurisdiction on
a court, tribunal, body or person which would otherwise be exercisable
by the Supreme Court, or which augments any such jurisdiction conferred
on a court, tribunal, body or person, does not exclude the jurisdiction
of the Supreme Court except as provided in sub-section (5).
(9) Section 63 of the Accident Compensation (WorkCover)
Act 1992 alters or varies this section to the extent necessary to limit
the jurisdiction of the Supreme Court as specified in that section and
has effect as a direct amendment of this section."
"Section 4D of the Parliamentary Committees Act
1968
4D Scrutiny of Acts and Regulations Committee
The functions of the Committee are-
(a).................
(b) to consider any Bill introduced into a House of
the Parliament and to report to the Parliament-
(i) as to whether the Bill by express words or otherwise
repeals, alters or varies section 85 of the Constitution Act 1975 or
raises an issue as to the jurisdiction of the Supreme Court;
(ii) where a Bill repeals, alters or varies section
85 of the Constitution Act 1975, whether this is in all the circumstances
appropriate and desirable; or
(iii) where a Bill does not repeal, alter or vary section
85 of the Constitution Act 1975, but where an issue is raised as to
the jurisdiction of the Supreme Court, as to the full implications of
that issue;"