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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Children and Young Persons (Appointment of
President) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Constitution of, and arrangements for, Children's Court 2
5. New section 12 substituted 2
12. President 2
6. Acting President 4
7. Assignment of duties and delegation 5
8. New section 13B inserted 5
13B. Protection of President 5
9. New section 14A inserted 6
14A. Annual report 6
10. Restriction on publication of proceedings 6
11. Appeals (Family Division) 6
12. Appeals (Criminal Division) 8
13. Supreme Court--limitation of jurisdiction 10
14. Rules 10
15. New section 280D inserted 10
280D. Practice notes 10
16. Transitional provisions 11
17. Appeals under Crimes (Family Violence) Act 1987 12
18. New section 25B inserted 12
25B. Supreme Court--limitation of jurisdiction 12
NOTES 13
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PARLIAMENT OF VICTORIA
Initiated in Assembly 3 May 2000
A BILL
to amend the Children and Young Persons Act 1989 to provide for
the Children's Court to be presided over by a President who is a judge
of the County Court, to amend the Crimes (Family Violence) Act
1987 with respect to certain appeals under that Act and for other
purposes.
Children and Young Persons
(Appointment of President) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Children
and Young Persons Act 1989 to provide for the
Children's Court to be presided over by a
5 President who is a judge of the County Court.
The Act also provides that appeals from the
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Children's Court when constituted by the
President lie to the Supreme Court.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
5 operation on a day to be proclaimed.
(2) If this Act does not come into operation before
1 August 2000, it comes into operation on that
day.
3. Principal Act
No. 56/1989.
10 In this Act, the Children and Young Persons Act
Reprint No. 5
1989 is called the Principal Act.
as at 1 July
1998. Further
amended by
Nos 10/1999,
12/1999 and
19/1999.
4. Constitution of, and arrangements for, Children's
Court
(1) In section 8(2) of the Principal Act, after "consist
15 of" insert "a President,".
(2) In section 8(7) of the Principal Act, after
"constituted by" insert "the President or".
(3) In sections 9(1)(b) and (1A), 10 and 11(1) and (3)
of the Principal Act, for "Chief Magistrate"
20 substitute "President, after consulting the Chief
Magistrate,".
(4) In section 11(2) of the Principal Act, for "Chief
Magistrate" substitute "President".
5. New section 12 substituted
25 For section 12 of the Principal Act substitute--
"12. President
(1) There is to be an office of President of the
Children's Court.
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(2) The President must be a judge of the County
Court who is appointed by the Governor in
Council on the recommendation of the
Attorney-General made after consultation
5 with the Chief Judge.
(3) Subject to this Act, the President holds
office--
(a) for the term (not exceeding 5 years)
that is specified in his or her instrument
10 of appointment, and is eligible for re-
appointment; and
(b) on any other terms and conditions that
are specified in his or her instrument of
appointment.
15 (4) The appointment of a judge of the County
Court as President does not affect his or her
tenure of office or status as a judge nor the
payment of his or her salary or allowances as
a judge nor any other rights or privileges that
20 he or she has as a judge.
(5) Nothing in sub-section (4) limits the power
of the Governor in Council to specify in the
instrument of appointment of the President
terms and conditions of appointment (other
25 than as to salary or allowances), whether or
not inconsistent with rights or privileges that
he or she has as a judge.
(6) Service in the office of President must be
taken for all purposes to be service in the
30 office of judge of the County Court.
(7) Nothing in this Act prevents a judge of the
County Court appointed as President from
constituting the County Court for the
purpose of the exercise by the County Court
35 of any of its functions.
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(8) The President may exercise any power
conferred on a magistrate by or under this or
any other Act.
(9) The Public Sector Management and
5 Employment Act 1998 does not apply to the
President in respect of the office of
President.
(10) The office of President becomes vacant if he
or she ceases to hold the office of judge of
10 the County Court.".
6. Acting President
(1) In section 12A(1) of the Principal Act--
(a) for "Chief Magistrate" substitute
"President";
15 (b) for "Acting Children's Court Senior
Magistrate" substitute "Acting President";
(c) in paragraph (a) for "the Children's Court
Senior Magistrate" substitute "President";
(d) in paragraph (b) for "Children's Court Senior
20 Magistrate" (where twice occurring)
substitute "President".
(2) In section 12A(2) of the Principal Act--
(a) for "Chief Magistrate" (where secondly
occurring) substitute "President";
25 (b) for "Children's Court Senior Magistrate"
(wherever occurring) substitute "President".
(3) In section 12A(3) of the Principal Act--
(a) for "Chief Magistrate" (where secondly
occurring) substitute "President";
30 (b) for "Children's Court Senior Magistrate"
substitute "President".
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(4) In section 12A(4) of the Principal Act, for
"Children's Court Senior Magistrate" (wherever
occurring) substitute "President".
(5) In section 12A of the Principal Act, after sub-
5 section (4) insert--
"(5) Service in the office of Acting President
must not be taken to be service in the office
of judge of the County Court.".
7. Assignment of duties and delegation
10 (1) In section 13(1) and (2) of the Principal Act, for
"Chief Magistrate" substitute "President".
(2) In section 13 of the Principal Act, after sub-
section (2) insert--
"(3) Nothing in section 13 of the Magistrates'
15 Court Act 1989 gives the Chief Magistrate
any power to assign duties to a magistrate for
the Court in respect of his or her office as a
magistrate for the Court.".
(3) In section 13A of the Principal Act, for "Chief
20 Magistrate" substitute "President".
8. New section 13B inserted
After section 13A of the Principal Act insert--
"13B. Protection of President
The President has in the performance of his
25 or her duties as President the same protection
and immunity as a Judge of the Supreme
Court has in the performance of his or her
duties as a Judge.".
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9. New section 14A inserted
After section 14 of the Principal Act insert--
"14A. Annual report
As soon as practicable in each year but not
5 later than 31 October, the President must
submit to the Governor a report containing--
(a) a review of the operation of the Court
during the 12 months ending on the
preceding 30 June; and
10 (b) such other matters as are prescribed by
regulations made under this Act.".
10. Restriction on publication of proceedings
(1) In section 26(1) of the Principal Act, for
"Children's Court Senior Magistrate" (where twice
15 occurring) substitute "President".
(2) In section 116(7)(ca) of the Principal Act, for
"Children's Court Senior Magistrate" substitute
"President".
11. Appeals (Family Division)
20 (1) In section 116(1) of the Principal Act, after
"County Court" insert "or, if the Court was
constituted by the President, to the Trial Division
of the Supreme Court".
(2) In section 116(5) of the Principal Act, after
25 "County Court" insert "or any right under this
section to appeal to the Trial Division of the
Supreme Court".
(3) In section 116(6) of the Principal Act, after
"appeals" insert "to the County Court".
30 (4) In section 116 of the Principal Act, after sub-
section (6) insert--
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"(6AA) The provisions of the Magistrates' Court
Act 1989 that apply to appeals to the County
Court under this section by virtue of sub-
section (6) (as modified by that sub-section)
5 apply, with any other necessary
modifications, to appeals to the Trial
Division of the Supreme Court under this
section as if--
(a) a reference to the County Court were a
10 reference to the Trial Division of the
Supreme Court;
(b) in section 86(2) the reference to
section 74 of the County Court Act
1958 were a reference to section 17(2)
15 of the Supreme Court Act 1986;
(c) in section 88AA(2) the reference to the
County Court Act 1958 were a
reference to the Supreme Court Act
1986;
20 (d) in clause 1(4) of Schedule 6 the
reference to rules of the County Court
were a reference to rules of the
Supreme Court;
(e) a reference to the registrar of the
25 County Court were a reference to the
prothonotary of the Supreme Court.".
(5) In section 116(7) of the Principal Act--
(a) in paragraphs (a) and (ca), after "County
Court" insert "or the Supreme Court (as the
30 case requires)";
(b) in paragraph (d), after "County Court" insert
"or the prothonotary of the Supreme Court
(as the case requires)".
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12. Appeals (Criminal Division)
(1) In section 197(1) and (3) of the Principal Act,
after "County Court" insert "or, if the Court was
constituted by the President, to the Trial Division
5 of the Supreme Court".
(2) In section 197(2) of the Principal Act, after
"County Court" insert "or any right under this
section to appeal to the Trial Division of the
Supreme Court".
10 (3) In section 197(4) of the Principal Act, after
"County Court" insert "or the Supreme Court (as
the case requires)".
(4) In section 197(5) of the Principal Act, after
"appeals" insert "to the County Court".
15 (5) In section 197 of the Principal Act, after sub-
section (5) insert--
"(5A) The provisions of the Magistrates' Court
Act 1989 that apply to appeals to the County
Court under this section by virtue of sub-
20 section (5) (as modified by that sub-section)
apply, with any other necessary
modifications, to appeals to the Trial
Division of the Supreme Court under this
section as if--
25 (a) a reference to the County Court were a
reference to the Trial Division of the
Supreme Court;
(b) in section 86(2) the reference to
section 74 of the County Court Act
30 1958 were a reference to section 17(2)
of the Supreme Court Act 1986;
(c) in section 88AA(2) the reference to the
County Court Act 1958 were a
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reference to the Supreme Court Act
1986;
(d) in clause 1(4) of Schedule 6 the
reference to rules of the County Court
5 were a reference to rules of the
Supreme Court;
(e) a reference to the registrar of the
County Court were a reference to the
prothonotary of the Supreme Court.".
10 (6) In section 197(6) and (7) of the Principal Act,
after "County Court" insert "or the Supreme
Court (as the case requires)".
(7) In section 197(8) of the Principal Act--
(a) in paragraph (a), after "County Court" insert
15 "or the Supreme Court (as the case
requires)";
(b) in paragraph (d), after "County Court" insert
"or the prothonotary of the Supreme Court
(as the case requires)".
20 (8) In section 197(9) of the Principal Act, after
"County Court" insert "or the Supreme Court (as
the case requires)".
(9) In section 198 of the Principal Act--
(a) after "County Court" insert "or the Supreme
25 Court";
(b) after paragraph (b) insert--
"; and
(c) the reference in section 446(1) (as
modified by paragraphs (a) and (b) of
30 this section) to the hearing of an appeal
in a proceeding in the Criminal
Division of the Children's Court to the
County Court included a reference to
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the hearing of an appeal in a proceeding
in the Criminal Division of the
Children's Court to the Trial Division
of the Supreme Court.".
5 (10) In section 199(2)(a), (4) and (5)(a)(i) of the
Principal Act, after "County Court" insert "or the
Supreme Court (as the case requires)".
13. Supreme Court--limitation of jurisdiction
In section 279A of the Principal Act, after sub-
10 section (2) insert--
"(3) It is the intention of section 13B to alter or
vary section 85 of the Constitution Act
1975.
(4) It is the intention of sections 116, 197 and
15 198, as amended by the Children and
Young Persons (Appointment of
President) Act 2000, to alter or vary section
85 of the Constitution Act 1975.".
14. Rules
20 In sections 280A(1), 280B and 280C of the
Principal Act, for "Chief Magistrate and the
Children's Court Senior Magistrate" substitute
"President together with 2 or more magistrates for
the Court".
25 15. New section 280D inserted
After section 280C of the Principal Act insert--
"280D. Practice notes
(1) The President may from time to time issue
practice directions, statements or notes for
30 the Court in relation to proceedings in the
Family Division or the Criminal Division or
any class of proceeding in the Family
Division or the Criminal Division.
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(2) Practice directions, statements or notes
issued under sub-section (1) must not be
inconsistent with any provision made by or
under this or any other Act.".
5 16. Transitional provisions
In Schedule 3 to the Principal Act, at the end of
the Schedule insert--
"25. (1) The office of Children's Court Senior Magistrate is
abolished and the person holding that office
10 immediately before the commencement of
section 5 of the Children and Young Persons
(Appointment of President) Act 2000 goes out of
office.
(2) Any reference to the Children's Court Senior
15 Magistrate in any Act or in any subordinate
instrument within the meaning of the
Interpretation of Legislation Act 1984 must, so
far as it relates to any period after the
commencement of section 5 of the Children and
20 Young Persons (Appointment of President) Act
2000 and if not inconsistent with the context or
subject-matter, be construed as a reference to the
President.
(3) The amendments of sections 9 and 11 of this Act
25 made by section 4 of the Children and Young
Persons (Appointment of President) Act 2000
do not affect the operation of any notice published
under section 9 or assignment made under
section 11 before the commencement of section 4
30 of that Act and any such notice or assignment has
effect on and after that commencement as if it had
been published or made by the President after
consulting the Chief Magistrate.
(4) The amendments of this Act made by section 14 of
35 the Children and Young Persons (Appointment
of President) Act 2000 do not affect the operation
of any rules of court made before the
commencement of that section under a provision
amended by that section.".
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17. Appeals under Crimes (Family Violence) Act 1987
No. 19/1987. (1) In section 20(1) of the Crimes (Family Violence)
Reprint No. 4
Act 1987, after "County Court" insert "(or, if the
as at
court was the Children's Court constituted by the
16 September
1999.
5 President of that Court, to the Trial Division of the
Supreme Court)".
(2) In section 20(2) of the Crimes (Family Violence)
Act 1987, after "County Court" insert "or the
Supreme Court (as the case requires)".
10 (3) In section 21(1) of the Crimes (Family Violence)
Act 1987, after "County Court" insert "(or, if the
court was the Children's Court constituted by the
President of that Court, to the Trial Division of the
Supreme Court)".
15 (4) In section 21(2)(e) of the Crimes (Family
Violence) Act 1987, after "County Court" insert
"or the prothonotary of the Supreme Court (as the
case requires)".
(5) In section 21(3), (4) and (6) of the Crimes
20 (Family Violence) Act 1987, after "County
Court" insert "or the Supreme Court (as the case
requires)".
18. New section 25B inserted
After section 25A of the Crimes (Family
25 Violence) Act 1987 insert--
"25B. Supreme Court--limitation of jurisdiction
It is the intention of sections 20 and 21, as
amended by section 17 of the Children and
Young Persons (Appointment of
30 President) Act 2000, to alter or vary section
85 of the Constitution Act 1975.".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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