MAGISTRATES' COURT ACT 1989 - SECT 4M Establishment of Neighbourhood Justice Division

MAGISTRATES' COURT ACT 1989 - SECT 4M

    (1)     The Court has a Neighbourhood Justice Division.

    (2)     The Neighbourhood Justice 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 Neighbourhood Justice 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.

    (4)     Nothing in subsection (3) prevents the Neighbourhood Justice Division being constituted by a judicial registrar in accordance with section 4(3AA).

S. 4M(4A) inserted by No. 53/2016 s. 107.

    (4A)     Nothing in subsection (3) prevents the Neighbourhood Justice Division being constituted by a registrar for the determination of an application under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016 .

    (5)     In assigning a magistrate to the Neighbourhood Justice Division, the Chief Magistrate must—

        (a)     have regard to the magistrate's knowledge of, or experience in the application of, the principles of therapeutic jurisprudence and restorative justice; and

        (b)     consult with the President of the Children's Court.

    (6)     The Neighbourhood Justice Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the Court permit.

    (7)     The Neighbourhood Justice Division must take steps to ensure that, so far as practicable, any proceeding before it is conducted in a way which it considers will make it comprehensible to the parties to the proceeding.

    (8)     Subject to this Act, the regulations and the rules, the Neighbourhood Justice Division may regulate its own procedure.

S. 4N inserted by No. 51/2006 s. 4.