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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Magistrates' Court and Coroners Acts Amendment
Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--MAGISTRATES' COURT ACT 1989 3
3 Acting magistrates and judicial registrars 3
4 Referrals to the Drug Court Division 3
4B Adjournment of proceeding to Drug Court Division 3
5 Power of registrars to adjourn criminal proceedings 4
6 Persons who may witness statements to be tendered at committal
proceedings 4
7 Transitional provision 6
8 Continuation of counselling order provisions 6
PART 3--CORONERS ACT 1985 7
9 New section 51 of Coroners Act 1985 inserted 7
51 General access to records and files 7
PART 4--REPEAL 8
10 Repeal of Act 8
ENDNOTES 9
561051B.I-5/6/2007 i BILL LA INTRODUCTION 5/6/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Magistrates' Court and Coroners Acts
Amendment Bill 2007
A Bill for an Act to amend the Magistrates' Court Act 1989, the
Magistrates' Court (Family Violence) Act 2004 and the Coroners
Act 1985 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Magistrates' Court Act 1989
5 so as to--
(i) clarify the application of the Act in
relation to acting magistrates;
(ii) provide for the assignment of duties to
judicial registrars;
561051B.I-5/6/2007 1 BILL LA INTRODUCTION 5/6/2007
Magistrates' Court and Coroners Acts Amendment Bill 2007
Part 1--Preliminary
s. 2
(iii) streamline the adjournment of criminal
proceedings into the Drug Court
Division;
(iv) extend the power of registrars to
5 adjourn criminal proceedings in the
mention system;
(v) expand the range of officials who may
witness statements to be tendered at
committal proceedings;
10 (b) to amend the Magistrates' Court (Family
Violence) Act 2004 to provide for
counselling order provisions to continue
until 30 October 2009;
(c) to amend the Coroners Act 1985 to provide
15 for access to coroner's records and files.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
561051B.I-5/6/2007 2 BILL LA INTRODUCTION 5/6/2007
Magistrates' Court and Coroners Acts Amendment Bill 2007
Part 2--Magistrates' Court Act 1989
s. 3
PART 2--MAGISTRATES' COURT ACT 1989
3 Acting magistrates and judicial registrars
(1) Insert the following definition in section 3(1) of See:
Act No.
the Magistrates' Court Act 1989-- 51/1989.
Reprint No. 12
5 "magistrate includes an acting magistrate;". as at
1 October
(2) In section 4(3A) of the Magistrates' Court Act 2006
and
1989 omit "or acting magistrate". amending
Act Nos
(3) In section 13(1) and (2) of the Magistrates' 77/2004,
Court Act 1989 for "acting magistrate" substitute 62/2005,
2/2006,
10 "judicial registrar". 48/2006,
50/2006,
(4) In section 13(3) of the Magistrates' Court Act 51/2006,
76/2006,
1989 after "magistrate" (where first occurring) 79/2006 and
insert "(other than an acting magistrate)". 13/2007.
LawToday:
(5) In section 13B(1) of the Magistrates' Court Act www.
legislation.
15 1989, in paragraph (a) of the definition of judicial vic.gov.au
officer omit "or acting magistrate".
4 Referrals to the Drug Court Division
For sections 4B and 4C of the Magistrates'
Court Act 1989 substitute--
20 "4B Adjournment of proceeding to Drug
Court Division
(1) The Court, at any time before taking a formal
plea from the defendant in a criminal
proceeding that is not in the Drug Court
25 Division, may adjourn the proceeding to the
Drug Court Division at that or another venue
if--
(a) it appears to the Court that the
defendant might be eligible for a drug
30 treatment order if convicted of the
offence by the Drug Court Division;
and
561051B.I-5/6/2007 3 BILL LA INTRODUCTION 5/6/2007
Magistrates' Court and Coroners Acts Amendment Bill 2007
Part 2--Magistrates' Court Act 1989
s. 5
(b) the defendant's usual place of residence
(if he or she has one) is within a
postcode area specified, in relation to
the venue at which the Drug Court
5 Division sits and acts, by the Minister
by notice published in the Government
Gazette; and
(c) the defendant consents to the Court
doing so.
10 (2) Despite anything to the contrary in this Act,
a venue of the Court to which the proceeding
is adjourned under subsection (1) is the
proper venue of the Court for the purposes of
this Act.".
15 5 Power of registrars to adjourn criminal proceedings
In clause 3 of Schedule 2 to the Magistrates'
Court Act 1989--
(a) in paragraph (a) for "prior to the mention
date" substitute "prior to or on the mention
20 date or on the return date";
(b) in paragraph (b) after "mention date" insert
"or return date".
6 Persons who may witness statements to be tendered
at committal proceedings
25 After clause 8(1)(b)(iv) of Schedule 5 to the
Magistrates' Court Act 1989 insert--
"(iva) a person employed at Victorian Public
Service Grade 4 or higher classification
under Part 3 of the Public Administration
30 Act 2004 in the Office of Police Integrity
established by section 102A(1) of the Police
Regulation Act 1958; or
561051B.I-5/6/2007 4 BILL LA INTRODUCTION 5/6/2007
Magistrates' Court and Coroners Acts Amendment Bill 2007
Part 2--Magistrates' Court Act 1989
s. 6
(ivb) an officer at Australian Public Service
level 5 or higher who is an Investigator in the
Investigations Branch of the Department of
Employment and Workplace Relations; or
5 (ivc) an officer at Australian Public Service
level 5 or higher who is a member of the
Investigations Branch of the Inspector
General Group in the Department of
Defence; or
10 (ivd) a person who is an authorised officer for the
purposes of Part 9 of the Law Enforcement
Integrity Commissioner Act 2006 of the
Commonwealth; or
(ive) a person who is an inspector appointed under
15 section 267(1)(a) or (b) of the
Radiocommunications Act 1992 of the
Commonwealth, a person appointed under
regulation 42 of the Radiocommunications
Regulations 1993 of the Commonwealth as
20 an authorised person for those Regulations or
a person who is an inspector for the purposes
of a provision of the Telecommunications
Act 1997 of the Commonwealth by force of
section 533(1)(a) or (b) of that Act; or
25 (ivf) an Investigations Officer at Australian Public
Service level 5 or higher in the Department
of Agriculture, Fisheries and Forestry; or
(ivg) an officer at Australian Public Service
level 5 or higher who is an authorised person
30 in relation to a provision of Part 6-2 of the
Therapeutic Goods Act 1989 of the
Commonwealth and employed in the
Surveillance Unit, Therapeutic Goods
Administration of the Department of Health
35 and Ageing; or
561051B.I-5/6/2007 5 BILL LA INTRODUCTION 5/6/2007
Magistrates' Court and Coroners Acts Amendment Bill 2007
Part 2--Magistrates' Court Act 1989
s. 7
(ivh) a member of the staff of the National
Offshore Petroleum Safety Authority who is
appointed as an OHS inspector under section
150YL of the Petroleum (Submerged Lands)
5 Act 1967 of the Commonwealth; or
(ivi) a member of the staff of the Australian
Crime Commission who is an Investigator;
or".
7 Transitional provision
10 After clause 37 of Schedule 8 to the Magistrates'
Court Act 1989 insert--
"38 A notice by the Minister published in the
Government Gazette under section 4B or 4C
of this Act before the commencement of
15 section 4 of the Magistrates' Court and
Coroners Acts Amendment Act 2007 and
in force immediately before that
commencement is not affected by the
substitution for those sections of a new
20 section 4B effected by that section 4 and the
notice continues to have effect as if it were a
notice published under the new section
4B(1)(b).".
8 Continuation of counselling order provisions
25 See: In section 2(2) of the Magistrates' Court
Act No.
77/2004 as (Family Violence) Act 2004 for "30 October
amended by 2007" substitute "30 October 2009".
Act No.
108/2004.
LawToday:
www.
legislation.
vic.gov.au
__________________
561051B.I-5/6/2007 6 BILL LA INTRODUCTION 5/6/2007
Magistrates' Court and Coroners Acts Amendment Bill 2007
Part 3--Coroners Act 1985
s. 9
PART 3--CORONERS ACT 1985
9 New section 51 of Coroners Act 1985 inserted
After section 50 of the Coroners Act 1985 See:
Act No.
insert-- 10257.
Reprint No. 5
5 "51 General access to records and files as at
26 November
(1) Subject to sections 30E and 58(1), before the 2004
and
completion of an investigation or inquest amending
into a death or an investigation or inquest Act Nos
108/2004,
into a fire, a coroner may direct that the 18/2005,
10 coroner's file relating to that investigation or 77/2005,
97/2005,
inquest, or any part of that file, is to be made 48/2006,
available to any person or class of person as 59/2006 and
63/2006.
the coroner directs. LawToday:
www.
(2) Subject to sections 30E and 58(1), after the legislation.
15 completion of an investigation or inquest vic.gov.au
into a death or an investigation or inquest
into a fire, the coroner's record and the
coroner's file relating to that investigation or
inquest is to be open to public access unless
20 a coroner otherwise orders.
(3) Nothing in this section affects or limits the
functions and powers of a coroner under
section 21, 22, 22A, 30F, 38 or 45(1).".
__________________
561051B.I-5/6/2007 7 BILL LA INTRODUCTION 5/6/2007
Magistrates' Court and Coroners Acts Amendment Bill 2007
Part 4--Repeal
s. 10
PART 4--REPEAL
10 Repeal of Act
This Act is repealed on the first anniversary of its
commencement.
561051B.I-5/6/2007 8 BILL LA INTRODUCTION 5/6/2007
Magistrates' Court and Coroners Acts Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561051B.I-5/6/2007 9 BILL LA INTRODUCTION 5/6/2007
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