Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 4G

Sentencing procedure in Koori Court Division

4G. Sentencing procedure in Koori Court Division



(1) This section applies to the Koori Court Division when it is considering
which sentencing order to make in respect of a defendant.

(2) The Koori Court Division may consider any oral statement made to it by an
Aboriginal elder or respected person.

(3) The Koori Court 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-

   (a)  a Koori Court officer employed as an Aboriginal justice worker; or

   (b)  a community corrections officer appointed under Part 4 of the
        Corrections Act 1986; or

   (c)  a health service provider; or

   (d)  a victim of the offence; or

   (e)  a family member of the defendant; or

   (f)  anyone else whom the Koori Court Division considers appropriate.

(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 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 evidence, to the Court for the purpose of assisting it in
        determining sentence.