Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 4F

Circumstances in which Koori Court Division may deal with certain offences

4F. Circumstances in which Koori Court Division may deal with certain offences



(1) The Koori Court Division only has jurisdiction to deal with a proceeding
for an offence (other than an offence constituted by a breach of a sentencing
order made by it) if-

   (a)  the defendant is Aboriginal; and

   (b)  the offence is within the jurisdiction of the Magistrates' 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; or

   (iii) a contravention of an intervention order under the
        Stalking Intervention Orders Act 2008 or an offence arising out of the
        same conduct as that out of which the contravention arose; and

   (c)  the defendant-

   (i)  intends to plead guilty to the offence; or

   (ii) pleads guilty to the offence; or

   (iii) intends to consent to the adjournment of the proceeding to enable him
        or her to participate in a diversion program; and

   (d)  the defendant consents to the proceeding being dealt with by the Koori
        Court Division.

(2) Subject to and in accordance with the 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 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.

(3) 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.