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Legislation relating to sheriffs

Information about the law that relates to the role of the Sheriff.

Supreme Court Act 1986 (Vic)

This Act sets out the law that applies and relates to the Supreme Court of Victoria. This includes:

  • stating where supreme court hearings can take place
  • the jurisdiction of the court
  • the obligation of Judges to wear robes
  • the need for judicial professional development
  • rules that are to apply such as that a trial judge can’t hear an appeal against their own decision.

See Supreme Court Act 1986 (Vic)(opens in a new window).

Sheriff Act 2009 (Vic)

This Act sets out the powers, duties and functions of sheriffs in Victoria and sets out how the office of Sheriff and Deputy Sheriff are appointed.

See Sheriff Act 2009 (Vic)(opens in a new window).

Sheriff Regulations 2019 (Vic)

These regulations prescribe the fees relating to the cost of executing warrants.

See Sheriff Regulations 2019 (Vic)(opens in a new window).

Bankruptcy Regulations 2021 (Cth)

These regulations set out the procedures that must be followed when filing a a petition for bankruptcy applying for a bankruptcy notice. It also lists the property of a bankrupt person that is not available for sale and distribution to creditors.

See Bankruptcy Regulations 2021 (Cth)(opens in a new window).

Infringements Act 2006 (Vic)

This Act provides a framework for issuing and serving infringement notices, penalty reminder notices and for payment plans and internal review. It also explains the expiation of demerit points.

See Infringements Act 2006 (Vic)(opens in a new window).

Bail Act 1997 (Vic)

This Act sets out the conditions relating to bail under Victorian law.

See Bail Act 1977 (Vic)(opens in a new window).

Judgment Debt Recovery Act 1984 (Vic)

This act sets out the way that judgment debts may be repaid by instalments. A judgment debt is one that has been proven by a court and deemed payable.

See Judgment Debt Recovery Act 1984 (Vic)(opens in a new window).

Infringements Regulations 2016 (Vic)

These Regulations prescribe the procedures for offences lodged under the Infringements Act 2006. It includes costs and fees payable and the information that must be included for enforcement of the infringement penalties. The regulations also set out the details that must be included in a range of documents relating to enforcement of infringement penalties and other procedural requirements for oral examination, attachments of earnings orders and debt orders.

See Infringements Regulations 2016 (Vic)(opens in a new window).

Magistrates' Court General Civil Procedure Rules 2010

These Rules set out the process for appearing in the Magistrates’ Court in civil proceedings. For example they explain:

  • how documents must be served
  • time limits
  • how cases are to be managed
  • what information needs to be included in forms
  • how court documents are to be set out.

They also list of prescribed forms.

See Magistrates' Court General Civil Procedure Rules 2010 (Vic)(opens in a new window).

Sentencing Act 1991 (Vic)

This Act deals with the powers of courts to sentence offenders.

See Sentencing Act 1991 (Vic)(opens in a new window).

Corrections Act 1986 (Vic)

This Act provides for the establishment, management and security of prisons and the welfare of prisoners. It also provides for the administration of services related to community-based corrections and for the welfare of offenders.

It also establishes the victims register.

See Corrections Act 1986 (Vic)(opens in a new window) .

Family Violence Protection Act 2008 (Vic)

This Act aims to:

  • maximise safety for children and adults who have experienced family violence
  • prevent and reduce family violence to the greatest extent possible
  • promote the accountability of perpetrators of family violence for their actions.

See Family Violence Protection Act 2008 (Vic)(opens in a new window).