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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
County Court Amendment (Koori Court) Bill 2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 3
4 Definitions 3
5 New section 3AAB inserted 4
3AAB Meaning of family member for purposes of Koori
Court Division 4
6 New sections 4A to 4G inserted 6
4A Establishment of Koori Court Division 6
4B Jurisdiction of Koori Court Division 7
4C Dealing with proceedings for certain offences 8
4D Hearing certain appeals 8
4E Circumstances in which Koori Court Division may deal
with proceedings for certain offences or hear certain
appeals 8
4F Proceedings may be transferred to and from the Koori
Court Division 9
4G Sentencing procedure in Koori Court Division 10
7 New Division 4A of Part I inserted 11
Division 4A--Aboriginal elders and respected persons 11
22A Appointment of Aboriginal elders or respected persons 11
8 Power to make rules of practice 11
9 New section 93 inserted 13
93 Transitional provision--County Court Amendment
(Koori Court) Act 2008 13
10 Consequential amendment of Principal Act 14
11 Repeal of amending Act 15
ENDNOTES 16
561212B.I-30/7/2008 i BILL LA INTRODUCTION 30/7/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
County Court Amendment (Koori
Court) Bill 2008
A Bill for an Act to amend the County Court Act 1958 to establish a
Koori Court Division of the County Court, to provide for the
jurisdiction and procedure of that Division and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the County
Court Act 1958--
(a) to establish a Koori Court Division of the
5 County Court; and
(b) to provide for the jurisdiction and procedure
of that Division--
with the objective of ensuring greater participation
of the Aboriginal community in the sentencing
10 process of the County Court through the role to be
561212B.I-30/7/2008 1 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 2
played in that process by the Aboriginal elder or
respected person and others.
2 Commencement
(1) Subject to subsection (2), this Act (other than
5 section 10) comes into operation on a day to be
proclaimed.
(2) If this Act (other than section 10) does not come
into operation before 1 February 2009, it comes
into operation on that day.
10 (3) Sections 10(1) and (2) come into operation on the
later of--
(a) the day on which item 39 of Schedule 1 to
the Relationships Act 2008 comes into
operation; or
15 (b) the day on which section 6 comes into
operation.
(4) Section 10(3) comes into operation on the later
of--
(a) the day on which section 44 of the Courts
20 Legislation Amendment (Associate
Judges) Act 2008 comes into operation; or
(b) the day on which section 6 comes into
operation.
(5) Section 10(4) comes into operation on the later
25 of--
(a) the day on which section 252 of the Family
Violence Protection Act 2008 comes into
operation; or
(b) the day on which section 6 comes into
30 operation.
561212B.I-30/7/2008 2 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 3
3 Principal Act
In this Act, the County Court Act 1958 is called See:
Act No. 6230.
the Principal Act. Reprint No. 12
as at
28 April 2006
and
amending
Act Nos
22/2006,
50/2006,
24/2007,
26/2007,
28/2007 and
23/2008.
LawToday:
www.
legislation.
vic.gov.au
4 Definitions
5 In section 3(1) of the Principal Act insert the
following definitions--
"Aboriginal elder or respected person means a
person who holds office as an Aboriginal
elder or respected person under section 22A;
10 Aborigine means a person who--
(a) is descended from an Aborigine or
Torres Strait Islander; and
(b) identifies as an Aborigine or Torres
Strait Islander; and
15 (c) is accepted as an Aborigine or Torres
Strait Islander by an Aboriginal or
Torres Strait Island community;
family member has the meaning given by section
3AAB;
20 Koori Court Division means the division of the
court established under section 4A;
561212B.I-30/7/2008 3 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 5
Koori Court officer means a person who--
(a) is employed under Part 3 of the Public
Administration Act 2004; and
(b) exercises powers, or performs
5 functions, in relation to the Koori Court
Division of the court;".
5 New section 3AAB inserted
Before section 3A of the Principal Act insert--
"3AAB Meaning of family member for purposes
10 of Koori Court Division
(1) In sections 4A and 4G, family member of a
person means--
(a) the spouse or domestic partner of the
person; or
15 (b) a person who has, or has had, an
intimate personal relationship with the
person; or
(c) a person who is, or has been, a relative
of the person; or
20 (d) a child who normally or regularly
resides with the person; or
(e) a child of whom the person is a
guardian; or
(f) another person who is, or has been,
25 ordinarily a member of the household
of the person.
(2) For the purposes of the definition of family
member in subsection (1)--
(a) domestic partner of a person means an
30 adult person to whom the person is not
married but with whom the person is in
a relationship as a couple where one or
each of them provides personal or
561212B.I-30/7/2008 4 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 5
financial commitment and support of a
domestic nature for the material benefit
of the other, irrespective of their
genders and whether or not they are
5 living under the same roof, but does not
include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
10 (ii) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
15 organisation);
(b) parent of a child includes a guardian of
the child or a person with whom the
child normally or regularly resides;
(c) relative of a person means--
20 (i) a father, mother, grandfather,
grandmother, step-father, step-
mother, father-in-law or mother-
in-law of the person; or
(ii) a son, daughter, grandson,
25 granddaughter, step-son, step-
daughter, son-in-law or daughter-
in-law of the person; or
(iii) a brother, sister, half-brother, half-
sister, brother-in-law or sister-in-
30 law of the person; or
(iv) an uncle, aunt, uncle-in-law or
aunt-in-law of the person; or
(v) a nephew or niece of the person;
or
561212B.I-30/7/2008 5 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 6
(vi) a cousin of the person--
and includes, in the case of domestic
partners, a person who would be such a
relative if the domestic partners were
5 married to each other;
(d) spouse of a person means a person to
whom the person is, or was, married.
(3) For the purposes of the definition of
domestic partner in subsection (2)--
10 (a) in determining whether persons are
domestic partners of each other, all the
circumstances of their relationship are
to be taken into account, including any
one or more of the matters referred to in
15 section 275(2) of the Property Law
Act 1958 as may be relevant in a
particular case;
(b) a person is not a domestic partner of
another person only because they are
20 co-tenants.".
6 New sections 4A to 4G inserted
After section 4 of the Principal Act insert--
"4A Establishment of Koori Court Division
(1) The court has a Koori Court Division.
25 (2) The Koori Court Division has such of the
powers of the court as are necessary to
enable it to exercise its jurisdiction.
(3) Despite anything to the contrary in this Act,
the Koori Court Division may only sit and
30 act at a place of the court specified by the
Chief Judge by notice published in the
Government Gazette.
(4) The operation of section 3B is subject to this
section.
561212B.I-30/7/2008 6 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 6
(5) The Koori Court Division must exercise its
jurisdiction with as little formality and
technicality, and with as much expedition, as
the requirements of this Act and the
5 Sentencing Act 1991 and the proper
consideration of the matters before the court
permit.
(6) The Koori Court Division must take steps to
ensure that, so far as practicable, any
10 proceeding before it is conducted in a way
which it considers will make it
comprehensible to--
(a) the defendant; and
(b) a family member of the defendant; and
15 (c) any member of the Aboriginal
community who is present in court.
(7) Subject to this Act, the regulations and the
rules, the Koori Court Division may regulate
its own procedure.
20 4B Jurisdiction of Koori Court Division
The Koori Court Division has--
(a) jurisdiction to deal with a proceeding
for an offence given to it by section 4C;
and
25 (b) jurisdiction to deal with a breach of a
sentencing order made by it (including
any offence constituted by such a
breach) or variation of such a
sentencing order; and
30 (c) jurisdiction to hear (in accordance with
the rules) an appeal given to it by
section 4D; and
(d) any other jurisdiction given to it by or
under this or any other Act or the rules.
561212B.I-30/7/2008 7 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 6
4C Dealing with proceedings for certain
offences
The Koori Court Division has jurisdiction to
deal with a proceeding for an offence (other
5 than an offence constituted by a breach of a
sentencing order made by it) in the
circumstances set out in section 4E.
4D Hearing certain appeals
(1) The Koori Court Division has jurisdiction to
10 hear an appeal under section 83 or 84 of the
Magistrates' Court Act 1989 in the
circumstances set out in section 4E if the
appeal is against a sentencing order made
by--
15 (a) the Koori Court Division of the
Magistrates' Court; or
(b) the Magistrates' Court other than the
Koori Court Division of that court.
(2) An appeal to the Koori Court Division under
20 section 83 or 84 of the Magistrates' Court
Act 1989 must be conducted as a re-hearing
and is limited to an appeal against a
sentencing order.
(3) Section 85 of the Magistrates' Court Act
25 1989 does not apply to an appeal to the
Koori Court Division.
4E Circumstances in which Koori Court
Division may deal with proceedings for
certain offences or hear certain appeals
30 For the purposes of sections 4C and 4D, the
circumstances are--
(a) the defendant is Aboriginal; and
561212B.I-30/7/2008 8 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 6
(b) the offence is within the jurisdiction of
the County Court, other than--
(i) a sexual offence as defined in
section 6B(1) of the Sentencing
5 Act 1991; or
(ii) an offence against section 22 of
the Crimes (Family Violence)
Act 1987 (breach of intervention
order or interim intervention
10 order) or an offence arising out
of the same conduct as that out
of which the offence against
section 22 arose; and
(c) the defendant pleads guilty to the
15 offence; and
(d) the defendant consents to the
proceeding being dealt with by the
Koori Court Division; and
(e) the Koori Court Division considers that
20 it is appropriate in all the circumstances
that the proceeding be dealt with by it.
4F Proceedings may be transferred to and
from the Koori Court Division
Subject to, and in accordance with the
25 rules--
(a) a proceeding may be transferred to the
Koori Court Division, whether sitting at
the same or a different venue; and
(b) the Koori Court Division may transfer a
30 proceeding (including a proceeding
transferred to it under paragraph (a)) to
the court, sitting other than as the Koori
Court Division, at the same or a
different venue.
561212B.I-30/7/2008 9 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 6
4G Sentencing procedure in Koori Court
Division
(1) This section applies to the Koori Court
Division when it is considering which
5 sentencing order to make in respect of a
defendant.
(2) The Koori Court Division may consider any
oral statement made to it by an Aboriginal
elder or respected person.
10 (3) The Koori Court Division may inform itself
in any way it thinks fit, including by
considering a report prepared by, or a
statement or submission prepared or made
to it by, or evidence given to it by--
15 (a) a Koori Court officer; or
(b) a community corrections officer
appointed under Part 4 of the
Corrections Act 1986; or
(c) a health service provider; or
20 (d) a victim of the offence; or
(e) a family member of the defendant; or
(f) anyone else whom the Koori Court
Division considers appropriate.
(4) Nothing in this section affects the
25 requirement to observe the rules of natural
justice.
(5) This section does not limit--
(a) any other power conferred on the court
by or under this or any other Act or the
30 rules; or
(b) any other specific provision made by or
under this or any other Act or the rules
for the making of any report, statement
561212B.I-30/7/2008 10 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 7
or submission, or the giving of any
evidence, to the court for the purpose of
assisting it in determining sentence.".
7 New Division 4A of Part I inserted
5 After Division 4 of Part I of the Principal Act
insert--
"Division 4A--Aboriginal elders and respected
persons
22A Appointment of Aboriginal elders or
10 respected persons
(1) The Secretary, by instrument, may appoint a
person who is a member of the Aboriginal
community as an Aboriginal elder or
respected person for the purpose of
15 performing functions in relation to the Koori
Court Division as set out in this Act.
(2) An Aboriginal elder or respected person
holds office for the period, and on the terms
and conditions, determined by the Secretary
20 and specified in the instrument of
appointment.
(3) An Aboriginal elder or respected person may
resign from office by writing signed by him
or her and delivered to the Secretary.".
25 8 Power to make rules of practice
(1) After section 78(1)(he) of the Principal Act
insert--
"(hea) any matter relating to the practice and
procedure of the Koori Court Division;
30 (heb) the transfer of proceedings to and from the
Koori Court Division;
561212B.I-30/7/2008 11 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 8
(hec) the place at which an appeal under section 83
or 84 of the Magistrates' Court Act 1989
may be heard by the Koori Court Division,
being a place of the court in respect of
5 which a notice has been published under
section 4A; and
(hed) the venues of the Magistrates' Court where
sentencing orders were made against which
an appeal may be heard by the Koori Court
10 Division.".
(2) After section 78(5) of the Principal Act insert--
"(6) Without limiting subsection (1), a power
conferred by subsection (1)(hea) or (1)(heb)
to make rules may be exercised--
15 (a) either in relation to all cases to which
the power extends, or in relation to all
those cases subject to specified
exceptions, or in relation to any
specified case or class of case; and
20 (b) so as to make, in respect of the cases in
relation to which it is exercised--
(i) the same provision for all cases in
relation to which the power is
exercised, or different provisions
25 for different cases or classes of
case, or different provisions for
the same case or class of case for
different purposes; or
(ii) any such provision either
30 unconditionally or subject to any
specified condition.
561212B.I-30/7/2008 12 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 9
(7) Without limiting subsection (1), rules made
under subsection (1)(hea) or (1)(heb) may be
made so as--
(a) to require a matter affected by the rules
5 to be approved by or to the satisfaction
of a specified court official or a
specified class of court official; and
(b) to confer a discretionary authority or
impose a duty on a specified person or
10 a specified class of person; and
(c) to provide in a specified case or class of
case for the exemption of proceedings
or a class of proceeding from any of the
provisions of the rules, whether
15 unconditionally or on specified
conditions and either wholly or to such
an extent as is specified.".
9 New section 93 inserted
At the end of Part VIII of the Principal Act
20 insert--
"93 Transitional provision--County Court
Amendment (Koori Court) Act 2008
The amendments made to this Act by
section 6 of the County Court Amendment
25 (Koori Court) Act 2008 apply to any
proceeding, irrespective of when the offence
to which the proceeding relates was
committed or when the proceeding
commenced, but does not apply to a
30 proceeding in which the accused was
arraigned before the commencement of that
section.".
561212B.I-30/7/2008 13 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 10
10 Consequential amendment of Principal Act
(1) For section 3AAB(2)(a) of the Principal Act
substitute--
"(a) domestic partner of a person means--
5 (i) a person who is in a registered
relationship with the person; or
(ii) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
10 one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
15 living under the same roof, but does not
include a person who provides
domestic support and personal care to
the person--
(A) for fee or reward; or
20 (B) on behalf of another person or an
organisation (including a
government or government
agency, a body corporate or a
charitable or benevolent
25 organisation);".
(2) For section 3AAB(3) of the Principal Act
substitute--
"(3) For the purposes of the definition of
domestic partner in subsection (2)--
30 (a) registered relationship has the same
meaning as in the Relationships Act
2008; and
561212B.I-30/7/2008 14 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
s. 11
(b) in determining whether persons who
are not in a registered relationship are
domestic partners of each other, all the
circumstances of their relationship are
5 to be taken into account, including any
one or more of the matters referred to in
section 35(2) of the Relationships Act
2008 as may be relevant in a particular
case; and
10 (c) a person is not a domestic partner of
another person only because they are
co-tenants.".
(3) In section 4A(4) of the Principal Act, for
"section 3B" insert "sections 3B and 3BA".
15 (4) For section 4E(b)(ii) of the Principal Act
substitute--
"(ii) a contravention of a family violence
intervention order or a family violence safety
notice under the Family Violence
20 Protection Act 2008 or an offence arising
out of the same conduct as that from which
the contravention arose; and".
11 Repeal of amending Act
This Act is repealed on 1 February 2010.
25 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561212B.I-30/7/2008 15 BILL LA INTRODUCTION 30/7/2008
County Court Amendment (Koori Court) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561212B.I-30/7/2008 16 BILL LA INTRODUCTION 30/7/2008
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