Victorian Consolidated Legislation

County Court Act 1958 - SECT 4E

Circumstances in which Koori Court Division may deal with proceedings for certain offences or hear certain appeals

4E. Circumstances in which Koori Court Division may deal with proceedings for
certain offences or hear certain appeals

For the purposes of sections 4C and 4D, the circumstances are-

   (a)  the defendant is Aboriginal; and

   (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 Act 1991; or

   (ii) a contravention of a family violence intervention order or a family
        violence safety notice under the Family Violence Protection Act 2008
        or an offence arising out of the same conduct as that from which the
        contravention arose; and

   (c)  the defendant pleads guilty to the 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 it is appropriate in all the
        circumstances that the proceeding be dealt with by it.