Children's Court Criminal Procedure, (Family Violence Protection) and (Personal Safety Intervention Orders) Amendment Rules 2020 (Vic)

Children's Court Criminal Procedure, (Family Violence Protection) and (Personal Safety Intervention Orders) Amendment Rules 2020

S.R. No. 127/2020

TABLE OF PROVISIONS

Rule  Page

Part 1—Preliminary

1Object

2Authorising provisions

3Commencement

Part 2—Amendment of Children's Court Criminal Procedure Rules 2019

4New Rule 2.07 inserted

5Rule 2.06S substituted

6Particulars of warrants to be entered in the register

7Rule 5.03 revoked

8Rule 6.01 revoked

9Form 5 amended

Part 3—Amendment of Children's Court (Family Violence Protection) Rules 2018

10Rule 1.10 substituted

11Rule 5.04 substituted

12Filing of applications

13Application for rehearing

Part 4—Amendment of Children's Court (Personal Safety Intervention Orders) Rules 2011

14Rule 1.10 substituted

15Rule 5.04 substituted

16Filing of applications

17Application for rehearing

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Endnotes

STATUTORY RULES 2020

S.R. No. 127/2020

Children, Youth and Families Act 2005
Criminal Procedure Act 2009
Family Violence Protection Act 2008
Personal Safety Intervention Orders Act 2010

Children's Court Criminal Procedure, (Family Violence Protection) and (Personal Safety Intervention Orders) Amendment Rules 2020

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

Part 1—Preliminary

1Object

The object of these Rules is—

(a)to amend the following Rules to enable filing of documents in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020—

(i)the Children's Court Criminal Procedure Rules 2019;

(ii)the Children's Court (Family Violence Protection) Rules 2018;

(iii)the Children's Court (Personal Safety Intervention Orders) Rules 2011; and

(b)to consequentially amend the Children's Court Criminal Procedure Rules 2019 to reflect that the Children's Court Authentication and Electronic Transmission Rules 2020 sets out rules for the authentication of orders and warrants in the Children's Court.

2Authorising provisions

These Rules are made under the following provisions and all other enabling powers—

(a)section 588 of the Children, Youth and Families Act 2005;

(b)section 419 of the Criminal Procedure Act 2009;

(c)section 210 of the Family Violence Protection Act 2008;

(d)section 184 of the Personal Safety Intervention Orders Act 2010.

3Commencement

These Rules come into operation on 17 November 2020.

Part 2—Amendment of Children's Court Criminal Procedure Rules 2019

4New Rule 2.07 inserted

After Rule 2.06 of the Children's Court Criminal Procedure Rules 2019[1] insert—

"2.07   Electronic filing of charge-sheet

For the purposes of section 6(1)(a) of the Criminal Procedure Act 2009, a charge‑sheet may also be filed—

(a)by email with the registrar; or

(b)in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.".

5Rule 2.06S substituted

For Rule 2.06S of the Children's Court Criminal Procedure Rules 2019 substitute—

"2.06S   Filing of application

Unless otherwise provided for by these Rules or by or under any other Act, an application is made by filing the application—

(a)with the registrar; or

(b)in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.".

6Particulars of warrants to be entered in the register

For the note at the foot of Rule 5.01 of the Children's Court Criminal Procedure Rules 2019 substitute—

"Notes

1 See also section 419 of the Act.

2 Rule 2.03 of the Children's Court Authentication and Electronic Transmission Rules 2020 provides for the authentication of warrants.".

7Rule 5.03 revoked

Rule 5.03 of the Children's Court Criminal Procedure Rules 2019 is revoked.

8Rule 6.01 revoked

Rule 6.01 of the Children's Court Criminal Procedure Rules 2019 is revoked.

9Form 5 amended

In Form 5 of the Children's Court Criminal Procedure Rules 2019, after "o child homicide" insert "o homicide by firearm".

Part 3—Amendment of Children's Court (Family Violence Protection) Rules 2018

10Rule 1.10 substituted

For Rule 1.10 of the Children's Court (Family Violence Protection) Rules 2018[2] substitute—

"1.10   Filing of documents

Except where otherwise provided by these Rules or unless the Court otherwise orders, a document is filed—

(a)by being lodged with the registrar in the office of the Court at the proper venue of the Court; or

(b)in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.

Note

Proper venue is defined in section 3(1) of the Children, Youth and Families Act 2005.".

11Rule 5.04 substituted

For Rule 5.04 of the Children's Court (Family Violence Protection) Rules 2018 substitute—

"5.04   Filing of certificates under Rule 5.02 or 5.03

A certificate completed under Rule 5.02 or 5.03 may be filed with the registrar—

(a)by facsimile transmission or other electronic communication; or

(b)in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.".

12Filing of applications

(1)For Rule 11.01(1) of the Children's Court (Family Violence Protection) Rules 2018 substitute—

"(1)For an applicant other than a police officer, an application under the Act must be made by filing the application—

(a)at the proper venue of the Court; or

(b)in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.".

(2)For Rule 11.01(2)(a) of the Children's Court (Family Violence Protection) Rules 2018 substitute—

"(a)by filing the application—

(i)at the proper venue of the Court; or

(ii)in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable; or".

13Application for rehearing

For Rule 12.01(1) of the Children's Court (Family Violence Protection) Rules 2018 substitute—

"(1)A respondent may apply for rehearing under section 122 of the Act by filing the application—

(a)at the venue of the Court where the order sought to be set aside was made; or

(b)in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.".

Part 4—Amendment of Children's Court (Personal Safety Intervention Orders) Rules 2011

14Rule 1.10 substituted

For Rule 1.10 of the Children's Court (Personal Safety Intervention Orders) Rules 2011[3] substitute—

"1.10   Filing of documents

Except where otherwise provided by these Rules or unless the Court otherwise orders, a document is filed—

(a)by being lodged with the registrar in the office of the Court at the proper venue of the Court; or

(b)in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.

Note

Proper venue is defined in section 3(1) of the Children, Youth and Families Act 2005.".

15Rule 5.04 substituted

For Rule 5.04 of the Children's Court (Personal Safety Intervention Orders) Rules 2011 substitute—

"5.04   Filing of certificates under Rule 5.02 or 5.03

A certificate completed under Rule 5.02 or 5.03 may be filed with the registrar—

(a)by facsimile transmission or other electronic communication; or

(b)in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.".

16Filing of applications

(1)For Rule 11.01(1) of the Children's Court (Personal Safety Intervention Orders) Rules 2011 substitute—

"(1)For an applicant other than a police officer, an application under the Act must be made by filing the application—

(a)at the proper venue of the Court; or

(b)in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.".

(2)For Rule 11.01(2)(a) of the Children's Court (Personal Safety Intervention Orders) Rules 2011 substitute—

"(a)by filing the application—

(i)at the proper venue of the Court; or

(ii)in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable; or".

17Application for rehearing

For Rule 12.01(1) of the Children's Court (Personal Safety Intervention Orders) Rules 2011 substitute—

"(1)A respondent may apply for rehearing under section 99 of the Act by filing the application—

(a)at the venue of the Court where the order sought to be set aside was made; or

(b)in accordance with Order 3 of the Children's Court Authentication and Electronic Transmission Rules 2020, if applicable.".

Dated:   16 November 2020

AMANDA J. CHAMBERS,
President, Children's Court of Victoria

JANE GIBSON,
Magistrate, Children's Court of Victoria

MICHELLE EHRLICH,
Magistrate, Children's Court of Victoria

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Endnotes

[1] Rule 4: S.R. No. 161/2019 as amended by S.R. No. 85/2020.

[2] Rule 10: S.R. No. 169/2018 as amended by S.R. No. 10/2020.

[3] Rule 14: S.R. No. 94/2011 as amended by S.R. No. 10/2020.