Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 6

Jurisdiction of the Children's Court

6. Jurisdiction of the Children's Court



(1) If the affected person or the respondent is under the age of 18 years at
the time an application is made under this Act, the Family Division of the
Children's Court and the Magistrates' Court each have jurisdiction under this
Act with respect to the application.

(2) If the application is made to the Magistrates' Court and the Magistrates'
Court considers that, in all the circumstances of the case, the matter should
be dealt with by the Children's Court, the Magistrates' Court may discontinue
the proceeding and order that it be transferred to the Children's Court.

(3) If the application is made to the Children's Court and the Children's
Court considers that, in all the circumstances of the case, the matter should
be dealt with by the Magistrates' Court, the Children's Court may discontinue
the proceeding and order that it be transferred to the Magistrates' Court.

(4) A court has jurisdiction to revoke, vary or extend, in accordance with
this Act, an order made under this Act by it or any other court.

(5) Without limiting subsection (4), the Magistrates' Court or Children's
Court may, on an application made under this Act, revoke, vary or extend an
intervention order confirmed or varied by the County Court or the Supreme
Court on appeal under Division 4 of Part 3.

(6) However, the Magistrates' Court or Children's Court may revoke or vary an
intervention order referred to in subsection (5) only if the Court is
satisfied there are new facts or circumstances relevant to the order.

(7) In this section, Children's Court and Magistrates' Court includes the
Neighbourhood Justice Division of the Children's Court or Magistrates' Court
(as the case requires).

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