Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 54

Rules of court and practice directions for Children's Court

54. Rules of court and practice directions for Children's Court



(1) The President of the Children's Court together with 2 or more magistrates
of the court may jointly make rules for or with respect to proceedings in the
court in relation to applications and orders made under this Act.

(2) Without limiting subsection (1), rules may be made for or with respect to
the following matters-

   (a)  the proper venue for proceedings under this Act, including the
        transfer of proceedings between court venues;

   (b)  the right of parties to appear personally or to be represented by a
        legal practitioner;

   (c)  the amendment of applications;

   (d)  the striking out or dismissal by the court of matters;

   (e)  the adjournment of proceedings by the court and the power to stay
        orders;

   (f)  access to records and documents held by the court;

   (g)  extracts from records and documents held by the court and
        certification of those extracts.

(3) Rules made under subsection (1) may adopt or apply rules made for the
Magistrates' Court under section 53.

(4) To remove any doubt, it is declared that the power of the President of the
Children's Court to issue practice directions, statements or notes for the
court under section 592 of the Children, Youth and Families Act 2005 in
relation to proceedings in the Family Division or the Criminal Division, or
any class of proceedings in the Family Division or Criminal Division, includes
power to issue practice directions, statements or notes for the court in
relation to proceedings, or any class of proceedings, with respect to
applications or orders made under this Act.

(5) A practice direction, statement or note issued with respect to
proceedings, or any class of proceedings, with respect to applications or
orders under this Act is taken to have been issued under section 592(1) of the
Children, Youth and Families Act 2005.