Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 4I

Jurisdiction of Family Violence Court Division

4I. Jurisdiction of Family Violence Court Division



(1) The Family Violence Court Division has jurisdiction to deal with any of
the following matters if the matter is within the jurisdiction of the
Magistrates' Court and arises from or includes allegations of family violence
by a person-

   (a)  proceedings for or with respect to the following orders under the
        Family Violence Protection Act 2008-

   (i)  a family violence intervention order under that Act; or

   (ii) a counselling order or an order under section 137 of that Act;

   (b)  civil proceedings for or with respect to damages for personal injury;

   (c)  matters arising under-

   (i)  the Family Law Act 1975 of the Commonwealth; or

   (ii) the Child Support (Assessment) Act 1989 of the Commonwealth;

   (d)  proceedings for or with respect to the trial of a person for a summary
        offence or an indictable offence that may be heard and determined
        summarily;

   (e)  proceedings for or with respect to the committal for trial of a person
        for an indictable offence;

   (f)  proceedings for an order under Division 1 or 2 of Part 4 of the
        Sentencing Act 1991 that arise from an offence referred to in
        paragraph (d). Note Division 1 of Part 4 of the Sentencing Act 1991
        deals with restitution. Division 2 of Part 4 of the
        Sentencing Act 1991 deals with compensation.

(2) Despite anything to the contrary in the
Victims of Crime Assistance Act 1996, if the act of violence to which an
application under that Act relates is family violence by a person-

   (a)  the Family Violence Court Division has jurisdiction to deal with the
        application; and

   (b)  in dealing with the application, the Family Violence Court Division
        has the same functions, powers and duties as the Victims of Crime
        Assistance Tribunal; and

   (c)  for the purposes of the application and any subsequent review of a
        decision relating to the application, the Family Violence Court
        Division is taken to constitute the Victims of Crime Assistance
        Tribunal.

(3) The Family Violence Court Division also has-

   (a)  jurisdiction to deal with a breach of an order referred to in section
        4I(1)(a), including any offence constituted by such a breach; and

   (b)  any other jurisdiction given to it by or under this or any other Act.

(4) Subject to and in accordance with the rules, a proceeding may be
transferred to the Family Violence Court Division, whether sitting at the same
or a different venue, but only if-

   (a)  the place where the family violence the subject of the proceeding is
        alleged to have been committed; or

   (b)  the place of residence of the defendant; or

   (c)  the place of permanent or temporary residence of the person against
        whom the family violence is alleged to have been committed-

is within a postcode area specified, in relation to the venue of the Court at
which the Family Violence Court Division is sitting, by the Minister by notice
published in the Government Gazette.

(5) Subject to and in accordance with the rules, the Family Violence Court
Division may transfer a proceeding (including a proceeding transferred to it
under subsection (4)) to the Court, sitting other than as the Family Violence
Court Division, at the same or a different venue.

(6) 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.