Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 4

PART 2 THE MAGISTRATES' COURT OF VICTORIA

Establishment of the Magistrates' Court

4. Establishment of the Magistrates' Court



(1) There shall be a court to be known as the Magistrates' Court of Victoria.

(2) The Court shall consist of the magistrates, the judicial registrars of the
court and the registrars of the Court.

(2A) The Court has an Industrial Division.





(2B) The Industrial Division has such of the powers of the Court as are
necessary to enable it to exercise its jurisdiction.

(3) The Court shall be constituted by a magistrate except in the case of any
proceeding for which provision is made by any Act or the Rules for the Court
to be constituted by a registrar.

(3AA) Without limiting subsection (3), the Court may be constituted by a
judicial registrar in the case of any proceeding for which provision is made
by rules of court for-

   (a)  the Court to be so constituted; and

   (b)  the delegation to judicial registrars of powers of the Court to hear
        and determine the proceeding.

(3A) Despite subsection (3), the Industrial Division shall only be constituted
by a magistrate who has been assigned to that Division by an Order made by the
Governor in Council.



(3AB) Nothing in subsection (3A) prevents the Industrial Division being
constituted by a judicial registrar in accordance with subsection (3AA).

(3B) Despite anything to the contrary in this Act, a party to a proceeding in
the Industrial Division may appear by a person who is not a legal practitioner
if that person is authorised in writing by the party to appear for the party.



(3C) The Industrial Division must exercise its jurisdiction with the minimum
of legal form and technicality.