Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 4H

Establishment of Family Violence Court Division

4H. Establishment of Family Violence Court Division



(1) The Court has a Family Violence Court Division.

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

(3) Despite section 4(3), the Family Violence Court Division shall only be
constituted by a magistrate who has been assigned to that Division by the
Chief Magistrate by notice published in the Government Gazette.

(3A) Nothing in subsection (3) prevents the Family Violence Court Division
being constituted by a judicial registrar in accordance with section 4(3AA).

(4) In assigning a magistrate, the Chief Magistrate must have regard to the
magistrate's relevant knowledge and experience in dealing with matters
relating to family violence.

(5) Despite anything to the contrary in this Act, the Family Violence Court
Division may only sit and act at the following venues of the Court-

   (a)  Ballarat;

   (b)  Heidelberg;

   (c)  such other venue of the Court as the regulations prescribe for the
        purposes of this subsection.

(6) Subject to this Act, the regulations and rules, the Family Violence Court
Division may regulate its own procedure.