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PARLIAMENT OF VICTORIA
Courts Legislation (Neighbourhood Justice Centre)
Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
PART 2--AMENDMENT OF THE MAGISTRATES' COURT ACT
1989 3
3. Definitions 3
4. New sections 4M to 4Q inserted 4
4M. Establishment of Neighbourhood Justice Division 4
4N. Places where Neighbourhood Justice Division may sit
and act 6
4O. Jurisdiction of Neighbourhood Justice Division 6
4P. Transfer of proceedings 8
4Q. Sentencing procedure in Neighbourhood Justice Division 9
5. Rules of Court 10
PART 3--AMENDMENT OF THE CHILDREN AND YOUNG
PERSONS ACT 1989 11
6. Definitions 11
7. Establishment of Neighbourhood Justice Division of Children's
Court 12
8. New sections 16E to 16I inserted 13
16E. Neighbourhood Justice Division 13
16F. Places where Neighbourhood Justice Division may sit
and act 14
16G. Jurisdiction of Neighbourhood Justice Division 14
16H. Transfer of proceedings 16
16I. Sentencing procedure in Neighbourhood Justice Division 17
9. Restriction on publication of proceedings 18
10. New section 280BB inserted 18
280BB. Rules of court--Neighbourhood Justice Division 18
i
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Clause Page
PART 4--AMENDMENT OF THE CHILDREN, YOUTH AND
FAMILIES ACT 2005 19
11. Definitions 19
12. Establishment of Neighbourhood Justice Division of Children's
Court 20
13. New sections 520A to 520E inserted 21
520A. Neighbourhood Justice Division 21
520B. Places where Neighbourhood Justice Division may sit
and act 22
520C. Jurisdiction of Neighbourhood Justice Division 22
520D. Transfer of proceedings 25
520E. Sentencing procedure in Neighbourhood Justice Division 25
14. Restriction on publication of proceedings 26
15. New section 590A inserted 27
590A. Rules of court--Neighbourhood Justice Division 27
PART 5--AMENDMENT OF CRIMES (FAMILY VIOLENCE)
ACT 1987 28
16. Jurisdiction of Children's Court 28
PART 6--REPEAL OF NEIGHBOURHOOD JUSTICE CENTRE
PROVISIONS 29
17. Magistrates' Court Act 1989 29
18. Children and Young Persons Act 1989 29
19. Children, Youth and Families Act 2005 30
20. Crimes (Family Violence) Act 1987 31
ENDNOTES 32
ii
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Magistrates' Court Act 1989, the Children and
Young Persons Act 1989 and the Children, Youth and
Families Act 2005 to establish Neighbourhood Justice Divisions
in the Magistrates' Court and the Children's Court and for other
purposes.
Courts Legislation (Neighbourhood
Justice Centre) Act 2006
The Parliament of Victoria enacts as follows:
1
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Magistrates' Court Act 1989,
the Children and Young Persons Act 1989
5
and the Children, Youth and Families Act
2005 to establish Neighbourhood Justice
Divisions of the Magistrates' Court and the
Children's Court; and
(b) to provide for the jurisdiction and procedure
10
of those Divisions--
with the objectives of simplifying access to the
justice system and applying therapeutic and
restorative approaches in the administration of
justice.
15
2. Commencement
(1) This Part comes into operation on the day after the
day on which this Act receives the Royal Assent.
(2) Part 6 of this Act comes into operation on
31 December 2009.
20
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(4) If a provision of this Act does not come into
operation before 31 March 2007, it comes into
25
operation on that day.
__________________
2
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 2--Amendment of the Magistrates' Court Act 1989
s. 3
See:
PART 2--AMENDMENT OF THE MAGISTRATES' COURT
Act No.
ACT 1989 51/1989.
Reprint No. 11
as at
3. Definitions 1 July 2005
and
(1) In section 3(1) of the Magistrates' Court amending
Act 1989 insert the following definitions--
5 Act Nos
77/2004,
' "homeless person" means-- 2/2005,
16/2005,
18/2005,
(a) a person living in-- 19/2005,
45/2005,
(i) crisis accommodation; or 62/2005,
69/2005,
(ii) transitional accommodation; or 78/2005,
80/2005,
(iii) any other accommodation
10 87/2005,
provided under the Supported 93/2005,
2/2006, 9/2006
Accommodation Assistance Act and 12/2006.
1994 of the Commonwealth; or LawToday:
www.dms.
dpc.vic.
(b) a person who has inadequate access to gov.au
safe and secure housing within the
15
meaning of section 4 of the Supported
Accommodation Assistance Act 1994
of the Commonwealth;
"Neighbourhood Justice officer" means a
person who--
20
(a) is employed under Part 3 of the Public
Administration Act 2004; and
(b) exercises powers or performs functions
in relation to the Neighbourhood
Justice Division of the Court;'.
25
3
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 2--Amendment of the Magistrates' Court Act 1989
s. 4
(2) In section 3(1) of the Magistrates' Court
Act 1989, in the definition of "proper venue"--
(a) in paragraphs (a) and (b), for "subject to
paragraph (c)" substitute "subject to
paragraphs (c) and (e)";
5
(b) in paragraph (d), for "civil registry court;"
substitute "civil registry court; and";
(c) after paragraph (d) insert--
"(e) in relation to a proceeding in respect of
which the Neighbourhood Justice
10
Division has jurisdiction--
(i) a venue of the Court determined in
accordance with paragraph (a),
(b), (c) or (d); or
(ii) a venue of the Court at which the
15
Neighbourhood Justice Division
may sit and act;".
4. New sections 4M to 4Q inserted
After section 4L of the Magistrates' Court
Act 1989 insert--
20
'4M. Establishment of Neighbourhood Justice
Division
(1) The Court has a Neighbourhood Justice
Division.
(2) The Neighbourhood Justice Division has
25
such of the powers of the Court as are
necessary to enable it to exercise its
jurisdiction.
(3) Despite section 4(3), the Neighbourhood
Justice Division shall only be constituted by
30
a magistrate who has been assigned to that
Division by the Chief Magistrate by notice
published in the Government Gazette.
4
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 2--Amendment of the Magistrates' Court Act 1989
s. 4
(4) Nothing in sub-section (3) prevents the
Neighbourhood Justice Division being
constituted by a judicial registrar in
accordance with section 4(3AA).
(5) In assigning a magistrate to the
5
Neighbourhood Justice Division, the Chief
Magistrate must--
(a) have regard to the magistrate's
knowledge of, or experience in the
application of, the principles of
10
therapeutic jurisprudence and
restorative justice; and
(b) consult with the President of the
Children's Court.
(6) The Neighbourhood Justice Division must
15
exercise its jurisdiction with as little
formality and technicality, and with as much
expedition, as the requirements of this Act
and the Sentencing Act 1991 and the proper
consideration of the matters before the Court
20
permit.
(7) The Neighbourhood Justice Division must
take steps to ensure that, so far as
practicable, any proceeding before it is
conducted in a way which it considers will
25
make it comprehensible to the parties to the
proceeding.
(8) Subject to this Act, the regulations and the
rules, the Neighbourhood Justice Division
may regulate its own procedure.
30
5
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 2--Amendment of the Magistrates' Court Act 1989
s. 4
4N. Places where Neighbourhood Justice
Division may sit and act
Despite anything to the contrary in this Act,
the Neighbourhood Justice Division may
only sit and act--
5
(a) at a venue of the Court specified by the
Chief Magistrate by notice published in
the Government Gazette; and
(b) if the Minister specifies a municipal
district by notice published in the
10
Government Gazette, at any place
within that municipal district.
4O. Jurisdiction of Neighbourhood Justice
Division
(1) In this section--
15
"close connection" means connection
involving regular congregation for the
purpose of social or community
support;
"municipal district" means a municipal
20
district specified under section 4N(b).
(2) The Neighbourhood Justice Division has the
jurisdiction referred to in this section if--
(a) in the case of a criminal proceeding, the
defendant--
25
(i) resides in the municipal district; or
(ii) is a homeless person who is
alleged to have committed the
offence in the municipal district;
or
30
6
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 2--Amendment of the Magistrates' Court Act 1989
s. 4
(iii) is a homeless person who is
alleged to have committed the
offence outside the municipal
district but who is living in the
municipal district in
5
accommodation of the kind
referred to in paragraph (a) of the
definition of "homeless person" in
section 3(1); or
(iv) is an Aborigine with a close
10
connection to the municipal
district and is alleged to have
committed the offence in that
district;
(b) in the case of a civil proceeding or a
15
proceeding under the Crimes (Family
Violence) Act 1987--
(i) at least one of the parties resides
in the municipal district; or
(ii) at least one of the parties is--
20
(A) a homeless person; or
(B) an Aborigine with a close
connection to the municipal
district--
and the Court considers that it is
25
appropriate to deal with the matter
in the Neighbourhood Justice
Division; or
(iii) the whole or a material part of the
cause of action or claim arose in
30
the municipal district; or
(iv) the whole or a material part of the
allegations of family violence
occurred in the municipal district.
7
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 2--Amendment of the Magistrates' Court Act 1989
s. 4
(3) Subject to sub-section (4), the
Neighbourhood Justice Division has--
(a) the jurisdiction of the Court given by
section 25; and
(b) the jurisdiction given to the Court with
5
respect to a criminal proceeding by or
under any other Act; and
(c) jurisdiction to deal with a breach of a
sentencing order made by it (including
any offence constituted by such a
10
breach) or variation of such a
sentencing order; and
(d) the civil jurisdiction of the Court in
respect of a cause of action or claim, or
a class of cause of action or claim, or a
15
proceeding, or a class of proceeding,
specified in the rules; and
(e) the jurisdiction of the Court given by
the Crimes (Family Violence) Act
1987.
20
(4) The Neighbourhood Justice Division does
not have jurisdiction to deal with--
(a) a committal proceeding into an
indictable offence; or
(b) a proceeding for a sexual offence as
25
defined in section 6B(1) of the
Sentencing Act 1991.
4P. Transfer of proceedings
(1) Subject to and in accordance with the rules--
(a) a proceeding may be transferred to the
30
Neighbourhood Justice Division,
whether sitting at the same or a
different venue; and
8
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 2--Amendment of the Magistrates' Court Act 1989
s. 4
(b) the Neighbourhood Justice Division
may transfer a proceeding (including a
proceeding transferred to it under
paragraph (a)) to the Court, sitting other
than as the Neighbourhood Justice
5
Division, at the same or a different
venue.
(2) Despite anything to the contrary in this Act,
if a proceeding is transferred from one venue
of the Court to another, the transferee venue
10
is the proper venue of the Court for the
purposes of this Act.
4Q. Sentencing procedure in Neighbourhood
Justice Division
(1) This section applies to the Neighbourhood
15
Justice Division when it is considering which
sentencing order to make in respect of a
defendant.
(2) The Neighbourhood Justice Division may
inform itself in any way it thinks fit,
20
including by considering a report prepared
by, or a statement or submission prepared or
made to it by, or evidence given to it by--
(a) a Neighbourhood Justice officer; or
(b) a community corrections officer
25
appointed under Part 4 of the
Corrections Act 1986; or
(c) the Secretary to the Department of
Human Services; or
(d) a health service provider; or
30
(e) a community service provider; or
(f) a victim of the offence; or
(g) anyone else whom the Division
considers appropriate.
9
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 2--Amendment of the Magistrates' Court Act 1989
s. 5
(3) Despite section 83A(1)(a) of the Sentencing
Act 1991, the Neighbourhood Justice
Division may defer sentencing an offender
under section 83A of that Act even if the
offender is 25 years of age or older.
5
(4) Nothing in this section affects the
requirement to observe the rules of natural
justice.
(5) This section does not limit--
(a) any other power conferred on the Court
10
by or under this or any other Act; or
(b) any other specific provision made by or
under this or any other Act for the
making of any report, statement or
submission, or the giving of any
15
evidence, to the Court for the purpose
of assisting it in determining a
sentence.'.
5. Rules of Court
After section 16(1A)(h) of the Magistrates'
20
Court Act 1989 insert--
"(ha) the causes of action or claims, or classes of
causes of action or claims, or proceedings or
classes of proceedings, that may be heard
and determined in the Neighbourhood Justice
25
Division of the Court;
(hb) any matter relating to the practice and
procedure of the Neighbourhood Justice
Division of the Court;
(hc) the transfer of proceedings to and from the
30
Neighbourhood Justice Division of the
Court;".
__________________
10
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 6
See:
PART 3--AMENDMENT OF THE CHILDREN AND YOUNG
Act No.
PERSONS ACT 1989 56/1989.
Reprint No. 7
as at
6. Definitions 1 March 2002
and
(1) In section 3(1) of the Children and Young amending
Persons Act 1989 insert the following
5 Act Nos
69/1992,
definitions-- 11/2002,
35/2002,
' "Children's Neighbourhood Justice officer" 83/2003,
means a person who-- 36/2004,
72/2004,
89/2004,
(a) is employed under Part 3 of the Public 108/2004,
Administration Act 2004; and
10 15/2005,
18/2005,
(b) exercises powers or performs functions 19/2005,
21/2005,
in relation to the Neighbourhood 77/2005,
Justice Division of the Court; 93/2005,
96/2005,
"homeless person" means-- 5/2006 and
24/2006.
(a) a person living in-- LawToday:
15 www.dms.
dpc.vic.
(i) crisis accommodation; or gov.au
(ii) transitional accommodation; or
(iii) any other accommodation
provided under the Supported
Accommodation Assistance Act
20
1994 of the Commonwealth; or
(b) a person who has inadequate access to
safe and secure housing within the
meaning of section 4 of the Supported
Accommodation Assistance Act 1994
25
of the Commonwealth;'.
11
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 7
(2) In section 3(1) of the Children and Young
Persons Act 1989, in the definition of "proper
venue"--
(a) in paragraph (b)(ii) for "committed;"
substitute "committed; and";
5
(b) after paragraph (b) insert--
"(c) in relation to a proceeding in respect of
which the Neighbourhood Justice
Division has jurisdiction, means--
(i) a venue of the Court determined in
10
accordance with paragraph (a)
or (b); or
(ii) a venue of the Court at which the
Neighbourhood Justice Division
may sit and act;".
15
(3) In section 3(6) of the Children and Young
Persons Act 1989, after "Division)" insert "and
the Neighbourhood Justice Division".
7. Establishment of Neighbourhood Justice Division of
Children's Court
20
In section 8(3) of the Children and Young
Persons Act 1989--
(a) in paragraph (c), for "Division)." substitute
"Division);"; and
(b) after paragraph (c) insert--
25
"(d) the Neighbourhood Justice Division.".
12
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 8
8. New sections 16E to 16I inserted
After section 16D of the Children and Young
Persons Act 1989 insert--
'16E. Neighbourhood Justice Division
(1) The Neighbourhood Justice Division has all
5
of the powers of the Court that are necessary
to enable it to exercise its jurisdiction.
(2) Despite anything to the contrary in this Act,
the Neighbourhood Justice Division may
only be constituted by a magistrate who has
10
been assigned to that Division by the
President by notice published in the
Government Gazette.
(3) In assigning a magistrate to the
Neighbourhood Justice Division, the
15
President must--
(a) have regard to the magistrate's
knowledge of, or experience in the
application of, the principles of
therapeutic jurisprudence and
20
restorative justice; and
(b) consult with the Chief Magistrate of the
Magistrates' Court.
(4) The Neighbourhood Justice Division must
exercise its jurisdiction with as little
25
formality and technicality, and with as much
expedition, as the requirements of this Act
and the proper consideration of the matters
before the Court permit.
(5) Subject to this Act, the regulations and the
30
rules, the Neighbourhood Justice Division
may regulate its own procedure.
(6) Nothing in this section limits Division 3.
13
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 8
16F. Places where Neighbourhood Justice
Division may sit and act
Despite anything to the contrary in this Act,
the Neighbourhood Justice Division may
only sit and act--
5
(a) at a venue of the Court specified by the
President by notice published in the
Government Gazette; and
(b) if the Minister specifies a municipal
district by notice published in the
10
Government Gazette, at any place
within that municipal district.
16G. Jurisdiction of Neighbourhood Justice
Division
(1) In this section--
15
"close connection" means connection
involving regular congregation for the
purpose of social or community
support;
"municipal district" means a municipal
20
district specified under section 16F(b).
(2) The Neighbourhood Justice Division only
has jurisdiction under this section if the child
consents to the proceeding being dealt with
by the Division.
25
(3) The Neighbourhood Justice Division has the
jurisdiction referred to in this section if--
(a) in the case of a criminal proceeding, the
child--
(i) resides in the municipal district; or
30
(ii) is a homeless person who is
alleged to have committed the
offence in the municipal district;
or
14
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 8
(iii) is a homeless person who is
alleged to have committed the
offence outside the municipal
district but who is living in the
municipal district in
5
accommodation of the kind
referred to in paragraph (a) of the
definition of "homeless person" in
section 3(1); or
(iv) is an Aborigine with a close
10
connection to the municipal
district and is alleged to have
committed the offence in that
district;
(b) in the case of a proceeding under the
15
Crimes (Family Violence) Act 1987--
(i) at least one of the parties resides
in the municipal district; or
(ii) at least one of the parties is--
(A) a homeless person; or
20
(B) an Aborigine with a close
connection to the municipal
district--
and the Court considers that it is
appropriate to deal with the matter
25
in the Neighbourhood Justice
Division; or
(iii) the whole or a material part of the
allegations of family violence
occurred in the municipal district.
30
15
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 8
(4) Subject to sub-section (5), the
Neighbourhood Justice Division has--
(a) the jurisdiction of the Court given by
section 16; and
(b) the jurisdiction given to the Criminal
5
Division by or under this or any other
Act; and
(c) jurisdiction to deal with a breach of a
sentencing order made by it (including
any offence constituted by such a
10
breach) or variation of such a
sentencing order; and
(d) the jurisdiction of the Court given by
the Crimes (Family Violence)
Act 1987.
15
(5) The Neighbourhood Justice Division does
not have jurisdiction to deal with--
(a) a committal proceeding into an
indictable offence; or
(b) a proceeding for a sexual offence as
20
defined in section 6B(1) of the
Sentencing Act 1991.
16H. Transfer of proceedings
(1) Subject to and in accordance with the rules--
(a) a proceeding may be transferred to the
25
Neighbourhood Justice Division,
whether sitting at the same or a
different venue, but only if the child
consents to the proceeding being dealt
with by the Division; and
30
(b) the Neighbourhood Justice Division
may transfer a proceeding (including a
proceeding transferred to it under
paragraph (a)) to the Court, sitting other
16
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 8
than as the Neighbourhood Justice
Division, at the same or a different
venue.
(2) Despite anything to the contrary in this Act,
if a proceeding is transferred from one venue
5
of the Court to another, the transferee venue
is the proper venue of the Court for the
purposes of this Act.
16I. Sentencing procedure in Neighbourhood
Justice Division
10
(1) This section applies to the Neighbourhood
Justice Division when it is considering which
sentencing order to make in respect of a
child.
(2) Despite anything to the contrary in this Act,
15
the Neighbourhood Justice 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--
20
(a) a Children's Neighbourhood Justice
officer; or
(b) a juvenile justice worker employed
under Part 3 of the Public
Administration Act 2004; or
25
(c) a health service provider; or
(d) a community service provider; or
(e) a victim of the offence; or
(f) a family member of the child; or
(g) anyone else whom the Division
30
considers appropriate.
(3) Nothing in this section affects the
requirement to observe the rules of natural
justice.
17
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 3--Amendment of the Children and Young Persons Act 1989
s. 9
(4) This section does not limit--
(a) any other power conferred on the Court
by or under this or any other Act; or
(b) any other specific provision made by or
under this or any other Act for the
5
making of any report, statement or
submission, or the giving of any
evidence, to the Court for the purpose
of assisting it in determining sentence.
(5) Nothing in section 136 operates to limit this
10
section.'.
9. Restriction on publication of proceedings
In section 26(1)(a)(i) of the Children and Young
Persons Act 1989, after "Division)" insert
"and the Neighbourhood Justice Division".
15
10. New section 280BB inserted
After section 280BA of the Children and Young
Persons Act 1989 insert--
"280BB. Rules of court--Neighbourhood Justice
Division
20
The President, together with 2 or more
magistrates for the Court, may jointly make
rules of court for or with respect to--
(a) any matter relating to the practice and
procedure of the Neighbourhood Justice
25
Division of the Court; and
(b) the transfer of proceedings to and from
the Neighbourhood Justice Division of
the Court.".
__________________
18
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 4--Amendment of the Children, Youth and Families Act 2005
s. 11
See:
PART 4--AMENDMENT OF THE CHILDREN, YOUTH AND
Act No.
FAMILIES ACT 2005 96/2005
and
amending
11. Definitions Act Nos
93/2005,
(1) In section 3(1) of the Children, Youth and 97/2005,
Families Act 2005--
5 5/2006,
23/2006 and
(a) insert the following definitions-- 24/2006.
LawToday:
www.dms.
' "Children's Neighbourhood Justice dpc.vic.
officer" means a person who-- gov.au
(a) is employed under Part 3 of the
Public Administration Act 2004;
10
and
(b) exercises powers or performs
functions in relation to the
Neighbourhood Justice Division
of the Court;
15
"homeless person" means--
(a) a person living in--
(i) crisis accommodation; or
(ii) transitional accommodation;
or
20
(iii) any other accommodation
provided under the
Supported Accommodation
Assistance Act 1994 of the
Commonwealth; or
25
(b) a person who has inadequate
access to safe and secure housing
within the meaning of section 4 of
the Supported Accommodation
Assistance Act 1994 of the
30
Commonwealth;'.
19
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Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 4--Amendment of the Children, Youth and Families Act 2005
s. 12
(2) In section 3(1) of the Children, Youth and
Families Act 2005, in the definition of
"proper venue"--
(a) in paragraph (b)(ii) for "committed;"
substitute "committed; and";
5
(b) after paragraph (b) insert--
"(c) in relation to a proceeding in respect of
which the Neighbourhood Justice
Division has jurisdiction, means--
(i) a venue of the Court determined in
10
accordance with paragraph (a) or
(b); or
(ii) a venue of the Court at which the
Neighbourhood Justice Division
may sit and act;".
15
(3) In section 3(4) of the Children, Youth and
Families Act 2005, after "Division)" insert "and
the Neighbourhood Justice Division".
12. Establishment of Neighbourhood Justice Division of
Children's Court
20
In section 504(3) of the Children, Youth and
Families Act 2005--
(a) in paragraph (c), for "Division)." substitute
"Division);";
(b) after paragraph (c) insert--
25
"(d) the Neighbourhood Justice Division.".
20
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 4--Amendment of the Children, Youth and Families Act 2005
s. 13
13. New sections 520A to 520E inserted
After section 520 of the Children, Youth and
Families Act 2005 insert--
'520A. Neighbourhood Justice Division
(1) The Neighbourhood Justice Division has all
5
of the powers of the Court that are necessary
to enable it to exercise its jurisdiction.
(2) Despite anything to the contrary in this Act,
the Neighbourhood Justice Division may
only be constituted by a magistrate who has
10
been assigned to that Division by the
President by notice published in the
Government Gazette.
(3) In assigning a magistrate to the
Neighbourhood Justice Division, the
15
President must--
(a) have regard to the magistrate's
knowledge of, or experience in the
application of, the principles of
therapeutic jurisprudence and
20
restorative justice; and
(b) consult with the Chief Magistrate of the
Magistrates' Court.
(4) The Neighbourhood Justice Division must
exercise its jurisdiction with as little
25
formality and technicality, and with as much
expedition, as the requirements of this Act
and the proper consideration of the matters
before the Court permit.
(5) Subject to this Act, the regulations and the
30
rules, the Neighbourhood Justice Division
may regulate its own procedure.
(6) Nothing in this section limits Part 7.3.
21
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Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 4--Amendment of the Children, Youth and Families Act 2005
s. 13
520B. Places where Neighbourhood Justice
Division may sit and act
Despite anything to the contrary in this Act,
the Neighbourhood Justice Division may
only sit and act--
5
(a) at a venue of the Court specified by the
President by notice published in the
Government Gazette; and
(b) if the Minister specifies a municipal
district by notice published in the
10
Government Gazette, at any place
within that municipal district.
520C. Jurisdiction of Neighbourhood Justice
Division
(1) In this section--
15
"close connection" means connection
involving regular congregation for the
purpose of social or community
support;
"municipal district" means a municipal
20
district specified under
section 520B(b).
(2) The Neighbourhood Justice Division only
has jurisdiction under this section if the child
consents to the proceeding being dealt with
25
by the Division.
22
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Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 4--Amendment of the Children, Youth and Families Act 2005
s. 13
(3) The Neighbourhood Justice Division has the
jurisdiction referred to in this section if--
(a) in the case of a criminal proceeding, the
child--
(i) resides in the municipal district; or
5
(ii) is a homeless person who is
alleged to have committed the
offence in the municipal district;
or
(iii) is a homeless person who is
10
alleged to have committed the
offence outside the municipal
district but who is living in the
municipal district in
accommodation of the kind
15
referred to in paragraph (a) of the
definition of "homeless person" in
section 3(1); or
(iv) is an Aboriginal person with a
close connection to the municipal
20
district and is alleged to have
committed the offence in that
district;
(b) in the case of a proceeding under the
Crimes (Family Violence) Act 1987--
25
(i) at least one of the parties resides
in the municipal district; or
(ii) at least one of the parties is--
(A) a homeless person; or
23
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Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 4--Amendment of the Children, Youth and Families Act 2005
s. 13
(B) an Aboriginal person with a
close connection to the
municipal district--
and the Court considers that it is
appropriate to deal with the matter
5
in the Neighbourhood Justice
Division; or
(iii) the whole or a material part of the
allegations of family violence
occurred in the municipal district.
10
(4) Subject to sub-section (5), the
Neighbourhood Justice Division has--
(a) the jurisdiction of the Court given by
section 516; and
(b) the jurisdiction given to the Criminal
15
Division by or under this or any other
Act; and
(c) jurisdiction to deal with a breach of a
sentencing order made by it (including
any offence constituted by such a
20
breach) or variation of such a
sentencing order; and
(d) the jurisdiction of the Court given by
the Crimes (Family Violence)
Act 1987.
25
(5) The Neighbourhood Justice Division does
not have jurisdiction to deal with--
(a) a committal proceeding into an
indictable offence; or
(b) a proceeding for a sexual offence as
30
defined in section 6B(1) of the
Sentencing Act 1991.
24
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Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 4--Amendment of the Children, Youth and Families Act 2005
s. 13
520D. Transfer of proceedings
(1) Subject to and in accordance with the rules--
(a) a proceeding may be transferred to the
Neighbourhood Justice Division,
whether sitting at the same or a
5
different venue, but only if the child
consents to the proceeding being dealt
with by the Division; and
(b) the Neighbourhood Justice Division
may transfer a proceeding (including a
10
proceeding transferred to it under
paragraph (a)) to the Court, sitting other
than as the Neighbourhood Justice
Division, at the same or a different
venue.
15
(2) Despite anything to the contrary in this Act,
if a proceeding is transferred from one venue
of the Court to another, the transferee venue
is the proper venue of the Court for the
purposes of this Act.
20
520E. Sentencing procedure in Neighbourhood
Justice Division
(1) This section applies to the Neighbourhood
Justice Division when it is considering which
sentencing order to make in respect of a
25
child.
(2) Despite anything to the contrary in this Act,
the Neighbourhood Justice Division may
inform itself in any way it thinks fit,
including by considering a report prepared
30
by, or a statement or submission prepared or
made to it by, or evidence given to it by--
25
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
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Act No.
Part 4--Amendment of the Children, Youth and Families Act 2005
s. 14
(a) a Children's Neighbourhood Justice
officer; or
(b) a youth justice officer; or
(c) a health service provider; or
(d) a community service provider; or
5
(e) a victim of the offence; or
(f) a family member of the child; or
(g) anyone else whom the Division
considers appropriate.
(3) Nothing in this section affects the
10
requirement to observe the rules of natural
justice.
(4) This section does not limit--
(a) any other power conferred on the Court
by or under this or any other Act; or
15
(b) any other specific provision made by or
under this or any other Act for the
making of any report, statement or
submission, or the giving of any
evidence, to the Court for the purpose
20
of assisting it in determining sentence.
(5) Nothing in section 358 operates to limit this
section.'.
14. Restriction on publication of proceedings
In section 534(1)(a)(i) of the Children, Youth
25
and Families Act 2005, after "Division)" insert
"or the Neighbourhood Justice Division".
26
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 4--Amendment of the Children, Youth and Families Act 2005
s. 15
15. New section 590A inserted
After section 590 of the Children, Youth and
Families Act 2005 insert--
"590A. Rules of court--Neighbourhood Justice
Division
5
The President, together with 2 or more
magistrates for the Court, may jointly make
rules of court for or with respect to--
(a) any matter relating to the practice and
procedure of the Neighbourhood Justice
10
Division of the Court; and
(b) the transfer of proceedings to and from
the Neighbourhood Justice Division of
the Court.".
__________________
27
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 5--Amendment of Crimes (Family Violence) Act 1987
s. 16
See: PART 5--AMENDMENT OF CRIMES (FAMILY VIOLENCE)
Act No.
ACT 1987
19/1987.
Reprint No. 5
as at
16. Jurisdiction of Children's Court
17 June 2003
and
For section 3A(5) of the Crimes (Family
amending
Violence) Act 1987 substitute--
5 Act Nos
72/2004,
'(5) In this section--
77/2004,
108/2004,
18/2005 and "Children's Court" includes the
1/2006.
Neighbourhood Justice Division of that
LawToday:
www.dms. Court;
dpc.vic.
gov.au
"Magistrates' Court" includes the Family
10
Violence Court Division and the
Neighbourhood Justice Division of that
Court.'.
__________________
28
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 6--Repeal of Neighbourhood Justice Centre Provisions
s. 17
PART 6--REPEAL OF NEIGHBOURHOOD JUSTICE
CENTRE PROVISIONS
17. Magistrates' Court Act 1989
(1) In section 3(1) of the Magistrates' Court Act
1989, the definitions of "homeless person" and
5
"Neighbourhood Justice Officer" are repealed.
(2) In section 3(1) of the Magistrates' Court Act
1989, in the definition of "proper venue"--
(a) in paragraphs (a) and (b), for "subject to
paragraphs (c) and (e)" substitute "subject to
10
paragraph (c);"
(b) in paragraph (d), for "civil registry court;
and" substitute "civil registry court;";
(c) paragraph (e) is repealed.
(3) Sections 4M, 4N, 4O, 4P, 4Q, 16(1A)(ha), (hb)
15
and (hc) of the Magistrates' Court Act 1989 are
repealed.
18. Children and Young Persons Act 1989
(1) This section applies if, on the day on which this
Part comes into operation, section 601 of the
20
Children, Youth and Families Act 2005 has not
yet come into operation.
(2) In section 3(1) of the Children and Young
Persons Act 1989--
(a) the definitions of "Children's Neighbourhood
25
Justice officer" and "homeless person" are
repealed; and
(b) in the definition of "proper venue"--
(i) in paragraph (b)(ii), for "committed;
and" substitute "committed;";
30
(ii) paragraph (c) is repealed.
29
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Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 6--Repeal of Neighbourhood Justice Centre Provisions
s. 19
(3) In section 3(6) of the Children and Young
Persons Act 1989 omit "and the Neighbourhood
Justice Division".
(4) In section 8(3) of the Children and Young
Persons Act 1989--
5
(a) in paragraph (c), for "Division);" substitute
"Division)."; and
(b) paragraph (d) is repealed.
(5) Sections 16E, 16F, 16G, 16H and 16I of the
Children and Young Persons Act 1989 are
10
repealed.
(6) In section 26(1)(a)(i) of the Children and Young
Persons Act 1989 omit "and the Neighbourhood
Justice Division".
(7) Section 280BB of the Children and Young
15
Persons Act 1989 is repealed.
19. Children, Youth and Families Act 2005
(1) In section 3(1) of the Children, Youth and
Families Act 2005--
(a) the definitions of "Children's Neighbourhood
20
Justice officer" and "homeless person" are
repealed; and
(b) in the definition of "proper venue"--
(i) in paragraph (b)(ii), for "committed;
and" substitute "committed;";
25
(ii) paragraph (c) is repealed.
(2) In section 3(4) of the Children, Youth and
Families Act 2005 omit "and the Neighbourhood
Justice Division".
30
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Part 6--Repeal of Neighbourhood Justice Centre Provisions
s. 20
(3) In section 504(3) of the Children, Youth and
Families Act 2005--
(a) in paragraph (c), for "Division);" substitute
"Division)."; and
(b) paragraph (d) is repealed.
5
(4) Sections 520A, 520B, 520C, 520D and 520E of
the Children, Youth and Families Act 2005 are
repealed.
(5) In section 534(1)(a)(i) of the Children, Youth
and Families Act 2005 omit "or the
10
Neighbourhood Justice Division".
(6) Section 590A of the Children, Youth and
Families Act 2005 is repealed.
20. Crimes (Family Violence) Act 1987
For section 3A(5) of the Crimes (Family
15
Violence) Act 1987 substitute--
'(5) In this section, "Magistrates' Court"
includes the Family Violence Court
Division.'.
31
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
32
551425B.I1-7/6/2006 BILL LA INTRODUCTION 7/6/2006
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