Children's Court Authentication and Electronic Transmission Amendment Rules 2023 (Vic)

Children's Court Authentication and Electronic Transmission Amendment Rules 2023

S.R. No. 104/2023

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Definition

6Issue and authentication of process

7Filing of documents

8Powers of registrar

═════════════

Endnotes

STATUTORY RULES 2023

S.R. No. 104/2023

Children, Youth and Families Act 2005

Children's Court Authentication and Electronic Transmission Amendment Rules 2023

The President of the Children's Court together with 2 magistrates for that Court jointly make the following Rules:

1Object

The object of these Rules is to amend the Children's Court Authentication and Electronic Transmission Rules 2020 to accommodate certain procedural requirements being completed electronically as a consequence of the introduction of a new case management system at the Children's Court.

2Authorising provisions

These Rules are made under section 588 of the Children, Youth and Families Act 2005 and all other enabling powers.

3Commencement

These Rules come into operation on 9 October 2023.

4Principal Rules

In these Rules, the Children's Court Authentication and Electronic Transmission Rules 2020[1] are called the Principal Rules.

5Definition

(1)For the heading to Rule 1.04 of the Principal Rules substitute—

"Definitions".

(2)In Rule 1.04 of the Principal Rules insert the following definition—

"CMS means the computer system in operation in the Court from time to time which, among other things—

(a)deals with process; and

(b)issues documents; and

(c)stores and retrieves documents and information;

Example

Process and court orders.".

6Issue and authentication of process

For Rule 2.02 of the Principal Rules substitute—

2.02Issue of process"

Process may be issued by—

(a)a person—

(i)signing the process; or

(ii)signing the process with an electronic signature; or

(iii)sealing the process with an electronic seal; or

(b)CMS with an electronic signature or seal.".

7Filing of documents

(1)For Rule 3.01(1) of the Principal Rules substitute—

"(1)Subject to subrule (2) and Rule 3.03, a document may be submitted for filing in the Court by—

(a)lodging that document into CMS in accordance with the requirements of CMS; or

(b)other electronic communication in accordance with any practice direction, statement or note issued by the President under section 592 of the Act.".

(2)For Rule 3.01(3) and (4) of the Principal Rules substitute—

"(3)Subject to Rule 3.02(3), a document that is accepted for filing in the Court is taken to be filed in the Court at the time and on the date that the document was first submitted in accordance with subrule (1).".

8Powers of registrar

For Rule 3.02(1) of the Principal Rules substitute—

"(1)A registrar may refuse to accept a document submitted for filing under Rule 3.01 until satisfied that the document complies with—

(a)these Rules; or

(b)any other Act or Rule; or

(c)any practice direction, statement or note issued by the President under section 592 of the Act.".

Dated: 2 October 2023

JACK VANDERSTEEN
President, Children's Court of Victoria

LESLEY FLEMING,
Magistrate, Children's Court of Victoria

RANDALL KUNE,
Magistrate, Children's Court of Victoria

═════════════

ENDNOTES

[1] Rule 4: S.R. No. 126/2020.