Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 4M

Establishment of Neighbourhood Justice Division

4M. Establishment of Neighbourhood Justice Division



(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).

(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.