Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 4O

Jurisdiction of Neighbourhood Justice Division

4O. Jurisdiction of Neighbourhood Justice Division



(1) In this section-

close connection means connection involving regular congregation for the
purpose of social or community support; municipal district means a municipal
district specified under section 4N(b).

(2) The Neighbourhood Justice Division has the jurisdiction referred to in
this section if-

   (a)  in the case of a criminal proceeding, the defendant-

   (i)  resides in the municipal district; or

   (ii) is a homeless person who is alleged to have committed the offence in
        the municipal district; or

   (iii) is a homeless person who is alleged to have committed the offence
        outside the municipal district but who is living in the municipal
        district in accommodation of the kind referred to in paragraph (a) of
        the definition of homeless person in section 3(1); or

   (iv) is an Aborigine with a close connection to the municipal district and
        is alleged to have committed the offence in that district;

   (ab) in the case of a proceeding under the
        Stalking Intervention Orders Act 2008-

   (i)  at least one of the parties resides in the municipal district; or

   (ii) at least one of the parties is-

                (A)  a homeless person; or

                (B)  an Aborigine with a close connection to the municipal
                     district- and the Court considers that it is appropriate
                     to deal with the matter in the Neighbourhood Justice
                     Division; or

   (iii) the whole or a material part of the alleged stalking occurred in the
        municipal district;

   (b)  in the case of a civil proceeding or a proceeding under the
        Family Violence Protection Act 2008-

   (i)  at least one of the parties resides in the municipal district; or

   (ii) at least one of the parties is-

                (A)  a homeless person; or

                (B)  an Aborigine with a close connection to the municipal
                     district- and the Court considers that it is appropriate
                     to deal with the matter in the Neighbourhood Justice
                     Division; or

   (iii) the whole or a material part of the cause of action or claim arose in
        the municipal district; or

   (iv) the whole or a material part of the allegations of family violence
        occurred in the municipal district.

(3) Subject to subsection (4), the Neighbourhood Justice Division has-

   (a)  the jurisdiction of the Court given by section 25; and

   (b)  the jurisdiction given to the Court with respect to a criminal
        proceeding by or under any other Act; and

   (c)  jurisdiction to deal with a breach of a sentencing order made by it
        (including any offence constituted by such a breach) or variation of
        such a sentencing order; and

   (d)  the civil jurisdiction of the Court in respect of a cause of action or
        claim, or a class of cause of action or claim, or a proceeding, or a
        class of proceeding, specified in the rules; and

   (da) the jurisdiction of the Court given by the
        Stalking Intervention Orders Act 2008; and

   (e)  the jurisdiction of the Court given by the
        Family Violence Protection Act 2008.



(4) The Neighbourhood Justice Division does not have jurisdiction to deal
with-

   (a)  a committal proceeding into an indictable offence; or

   (b)  a proceeding for a sexual offence as defined in section 6B(1) of the
        Sentencing Act 1991.