Children's Court Criminal Procedure Rules 2019 (Vic)

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Version No. 005

Children's Court Criminal Procedure Rules 2019

S.R. No. 161/2019

Version incorporating amendments as at


28 March 2024

TABLE OF PROVISIONS

Rule  Page

Order 1—Preliminary

1.01Object

1.02Authorising provisions

1.03Commencement

1.03ARevocations

1.04Definitions

1.05Non-compliance

1.06Application of the Magistrates' Court Criminal Procedure Rules 2019

Order 2—Criminal proceedings

2.01Legal practitioner to notify if ceases to act

2.02Advice in other languages in a criminal proceeding

2.03Witness summons

2.04Extension of time for commencement of proceeding for summary offence

2.06General applications

2.07Electronic filing of charge-sheet

Order 2A—Committal proceeding

Part 1—Appearance

2.06ANotice of appearance

2.06BProsecution to provide relevant contact details

Part 2—Service

2.06DMode of service

2.06ECopy of document served by electronic communication to be provided upon request

Part 3—Pre-hearing disclosure

2.06GNotice and list of information or other documents to accompany hand-up brief

Part 4—Case direction

2.06HPrescribed form of case direction notice

Part 5—Committal mention and case conference

2.06INotice of committal proceeding

2.06JApplication to Court to fix a longer period for the holding of a committal mention hearing

2.06LCommittal case conference

Part 6—Committal hearing

2.06MJoint committals

Part 7—Determination of committal proceeding

2.06NCommittal caution

2.06OAlibi caution

Part 8—General

2.06QApplications for summary hearing of indictable offences

2.06RForm of application in committal proceeding

2.06SFiling of application

2.06TService of application

2.06UApplication for a special mention hearing

2.06VParties may request registrar to cancel a special mention hearing

Order 3—Appeals

3.01Application

3.02Procedure on appeal from Children's Court to County Court or Supreme Court

3.03Recall and cancel process when an application for a stay is granted

3.04Application for leave following late filing of appeal to the County Court or Supreme Court

3.05Application to set aside an order striking out an appeal in the County Court or Supreme Court

3.06Filing of an appeal from the Children's Court to the Supreme Court on a question of law under Division 5 of Part 5.4 of Chapter 5 of the Act

3.07When the Supreme Court stays a Children's Court order

3.08When the Supreme Court remits a case for rehearing to the Children's Court

Order 4—Miscellaneous Forms for the purposes of the Act

4.01Application for time to pay fine, for instalment order or for variation of instalment order

4.02Undertakings

4.03Notice to appear before Court

4.04Good behaviour bond

4.05Probation order, youth supervision order, youth attendance order and youth control order

4.06Application to vary or revoke sentence

4.07Order to bring person before a court, including Coroners Court

4.08Application to the Court—publication of proceedings

Order 5—Warrants

5.01Particulars of warrants to be entered in the register

5.02Forms of warrants

Order 6—General

6.02Affidavit of service or declaration of service

Form 1—Notice that practitioner ceases to act

Form 2—Do not ignore this notice

Form 3—Witness summons

Form 4—Application for extension of time

Form 5—Application for joint committal

Form 6—General application

Form 6A—Notice of appearance

Form 6B—Notice of committal mention date and hand-up brief

Form 6C—List of information or other documents included in hand-up brief

Form 6D—Case direction notice

Form 6E—Notice of committal proceeding

Form 6F—Application for the fixing of a longer period for the holding of a committal mention hearing

Form 6H—Committal caution

Form 6I—Alibi caution

Form 7—Non-accountable undertaking

Form 8—Accountable undertaking

Form 9—Notice to appear before the Court

Form 10—Good behaviour bond

Form 11—Probation order

Form 12—Youth supervision order

Form 13—Youth attendance order

Form 13A—Youth control order

Form 14—Application to vary or revoke a sentence

Form 15—Order to bring a person before a Court, including Coroners Court

Form 16—Order to bring a child before the Court prior to the adjourned date

Form 17—Application under section 534—publication of proceedings

Form 18—Warrant to detain

Form 19—Warrant to arrest

Form 20—Children's Court remand warrant

Form 21—Affidavit of service

Form 22—Declaration of service

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 005

Children's Court Criminal Procedure Rules 2019

S.R. No. 161/2019

Version incorporating amendments as at


28 March 2024

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

ORDER 1—PRELIMINARY

1.01Object

The object of these Rules is to provide for the practice and procedure of the Criminal Division of the Children's Court.

1.02Authorising provisions

These Rules are made under section 588(1A) of the Children, Youth and Families Act 2005 and section 419 of the Criminal Procedure Act 2009 and all other enabling powers.

1.03Commencement

These Rules come into operation on 22 December 2019.

1.03A   Revocations

The following Rules are revoked—

(a)the Children's Court Criminal Procedure Rules 2009[1];

(b)the Children's Court Criminal Procedure Amendment Rules 2018[2];

(c)the Children's Court Criminal Procedure (Committal Amendments) Rules 2018[3].

1.04Definitions

In these Rules—

child has the same meaning as it has in section 3(1) of the Children, Youth and Families Act 2005;

parent has the same meaning as it has in section 3(1) of the Children, Youth and Families Act 2005;

the Act means the Children, Youth and Families Act 2005.

1.05Non-compliance

(1)Non-compliance with a Rule does not invalidate a proceeding to which these Rules apply, unless the Court directs or orders otherwise.

(2)The Court may dispense with compliance with any of these Rules, either before or after the occasion for compliance arises.

(3)If a Rule has not been complied with the Court may—

(a)waive the non-compliance; or

(b)set aside all or part of the proceeding; or

(c)make any other order it considers appropriate.

1.06Application of the Magistrates' Court Criminal Procedure Rules 2019

If these Rules do not address an issue of criminal practice and procedure, the Magistrates' Court Criminal Procedure Rules 2019 apply with any necessary modification.

ORDER 2—CRIMINAL PROCEEDINGS

2.01Legal practitioner to notify if ceases to act

If a legal practitioner ceases to act for a party in a criminal proceeding, the legal practitioner must as soon as possible—

(a)file a notice in Form 1 in the Court; and

(b)serve a copy of the notice on—

(i)the informant; and

(ii)the accused; and

(iii)in the case of a committal proceeding, the DPP or other person or body authorised at law to prosecute in the committal proceeding.

2.02Advice in other languages in a criminal proceeding

(1)In a criminal proceeding, information in Form 2 must be included with and form part of—

(a)any originating process served on a child or a child's parent; and

(b)any process served on a witness; and

(c)any witness summons served on a person; and

(d)any notice to appear; and

(e)any notice accompanying a preliminary brief; and

(f)any notice accompanying a full brief.

(2)The information in Form 2 must be available in the following languages—

(a)English;

(b)Arabic;

(c)Assyrian;

(d)Dari;

(e)Dinka;

(f)Farsi;

(g)Karen;

(h)Kirundi;

(i)Mandarin;

(j)Somali;

(k)Spanish;

(l)Turkish;

(m)Vietnamese.

2.03Witness summons

(1)A witness summons must be in Form 3.

(2)A witness summons to give evidence or to give evidence and produce documents or things must be directed to one person.

2.04Extension of time for commencement of proceeding for summary offence

An application for an extension of time under section 344B(1) of the Act must be in Form 4.

2.06General applications

If a party to a criminal proceeding intends to make an application and there is no specific form prescribed for that application, a general application in Form 6 may be used.

2.07Electronic 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.

ORDER 2A—COMMITTAL PROCEEDING

Part 1—Appearance

2.06A   Notice of appearance

(1)A legal practitioner who represents an accused in a committal proceeding must file in the Court and serve on the informant and the DPP or other person or body authorised at law to prosecute in the committal proceeding a notice of appearance in Form 6A.

(2)The filing and service of a notice of appearance required by subrule (1) must take place as soon as practicable after a legal practitioner has received instructions to represent the accused.

2.06BProsecution to provide relevant contact details

(1)Within 7 days after receipt of a notice of appearance, the DPP or the other person or body authorised at law to prosecute in the committal proceeding must advise the legal practitioner of the following relevant contact details—

(a)the name and address of the prosecutor handling the matter;

(b)a fax number, an email address, DX number or address of usual business for the service of documents on the DPP or the other person or body authorised at law to prosecute in the committal proceeding;

(c)a fax number, an email address, DX number or address of usual business for the service of documents on the informant.

(2)If 21 days before the committal mention date the DPP or other person or body authorised at law to prosecute in the committal proceeding has not received a notice of appearance, the DPP or the other person or body must advise the Court of the relevant contact details.

Part 2—Service

2.06D   Mode of service

In a committal proceeding, service of a document by a party may be effected on an accused by electronic communication by sending the document to the fax number or email address of the accused's legal practitioner as advised in Form 6A.

Note

See section 392 of the Criminal Procedure Act 2009 for service of documents on the informant or DPP.

2.06ECopy of document served by electronic communication to be provided upon request

The original document, (if a copy of a document was served by electronic communication), must be retained by the party serving the document and must be provided to the Court if the Court so requests.

Part 3—Pre-hearing disclosure

2.06G   Notice and list of information or other documents to accompany hand-up brief

(1)For the purpose of section 110(a) of the Criminal Procedure Act 2009, the prescribed form of notice is Form 6B.

(2)A list of information or other documents contained in a hand-up brief under section 110 of the Criminal Procedure Act 2009 must be in Form 6C.

Part 4—Case direction

2.06H   Prescribed form of case direction notice

For the purpose of section 119(a) of the Criminal Procedure Act 2009, the prescribed form of a case direction notice is Form 6D.

Part 5—Committal mention and case conference

2.06INotice of committal proceeding

On the conclusion of the filing hearing, the registrar must provide the accused or the accused's legal practitioner with a notice in Form 6E.

2.06JApplication to Court to fix a longer period for the holding of a committal mention hearing

If the Court has fixed a committal mention date, an application under section 126 of the Criminal Procedure Act 2009 for the Court to fix a longer period for the holding of a committal mention hearing must be in Form 6F.

2.06LCommittal case conference

(1)If the Court directs the parties to attend a committal case conference, the legal practitioners representing the informant and the accused must attend the conference.

(2)The purpose of the committal case conference is to assist the effective management of the committal proceeding and timely resolution of issues.

(3)The Court may order, pursuant to section 523 of the Act that the whole or any part of the committal case conference be heard in closed court, if it is satisfied that this is necessary to achieve the objective set out in subrule (2).

Part 6—Committal hearing

2.06M   Joint committals

(1)An application for a joint committal under section 516A of the Act must be made in Form 5.

(2)The registrar must notify the Magistrates' Court of any application for a joint committal.

(3)The registrar must provide a copy of an order made by the Court for a joint committal to the registrar of the Magistrates' Court.

Part 7—Determination of committal proceeding

2.06N   Committal caution

For the purposes of section 144(2)(b)(iii) of the Criminal Procedure Act 2009, the Court may inform the accused by using the manner of caution set out in Form 6H.

2.06O   Alibi caution

For the purposes of section 144(2)(b)(i) of the Criminal Procedure Act 2009, the Court may inform the accused of the provisions of section 190 of the Criminal Procedure Act 2009 by using the manner of caution set out in Form 6I.

Part 8—General

2.06Q   Applications for summary hearing of indictable offences

(1)An application for a summary hearing of an indictable offence listed for a committal hearing must be filed in the Court and served on the informant in Form 6, unless the Court otherwise directs.

(2)If the application for a summary hearing is granted by a magistrate in relation to the hearing of an indictable offence, so far as practicable, the matter will thereafter proceed before that magistrate.

2.06R   Form of application in committal proceeding

Unless otherwise provided by these Rules or by or under any Act, an application in a committal proceeding must be in Form 6.

2.06SFiling 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.

2.06TService of application

The applicant must serve a copy of an application on every person to whom notice of the application is to be given within a reasonable time before the hearing of the application.

2.06U   Application for a special mention hearing

(1)A party may apply to the Court for a special mention hearing.

(2)An application must—

(a)set out the purpose of the application for the special mention hearing; and

(b)be in Form 6.

(3)The Court may of its own motion conduct a special mention hearing to adequately control and oversee the progress of the committal proceeding.

2.06V   Parties may request registrar to cancel a special mention hearing

(1)If the parties agree that a special mention hearing should be cancelled, the parties may request the registrar cancel the special mention hearing.

(2)When the registrar is satisfied that there is no need for a special mention hearing, the registrar may cancel the special mention hearing.

(3)A request must be made before the date of the special mention hearing.

ORDER 3—APPEALS

3.01Application

These Rules apply to any appeal from the Children's Court under Part 5.4 of Chapter 5 of the Act—

(a)to the County Court; or

(b)to the Supreme Court.

Note

Refer to the County Court Rules or the Supreme Court Rules for prescribed forms relating to appeals and how an appeal may be abandoned.

3.02Procedure on appeal from Children's Court to County Court or Supreme Court

(1)The registrar must record in the court register the filing of a notice of appeal under section 424 or section 427 of the Act.

(2)When a notice of appeal is filed the registrar must contact the County Court or Supreme Court to obtain a date of hearing for the appeal.

(3)The registrar must recall and cancel any process in relation to the sentence to which the appeal relates, subject to section 29 of the Road Safety Act 1986.

(4)If bail pending appeal is granted under section 430B of the Act, the registrar must recall and cancel any process in relation to a custodial sentence to which the appeal relates.

(5)The registrar must forward the following to the County Court or Supreme Court when a notice of appeal is filed—

(a)a copy of the notice of appeal filed;

(b)the original charge-sheet;

(c)the undertaking of bail by the appellant and surety, if any;

(d)the affidavit of justification or declaration of justification made by the surety for bail, if any;

(e)the certified extract of the Court order;

(f)the exhibit sheet and witness cost sheet;

(g)the address and telephone number of the Court where the sentence or conviction was made.

(6)A copy of the charge-sheet, undertaking of bail, affidavit of justification or declaration of justification made by the surety for bail, exhibit sheet, witness cost sheet and the digital recording of the proceeding that imposed the sentence must be retained by the registrar in a Court file.

(7)The registrar must forward a copy of the notice of appeal, certified extracts of the Court order and the notification of appeal to the DPP when an appeal is commenced under section 424 of the Act.

3.03Recall and cancel process when an application for a stay is granted

(1)If the Court grants an application for a stay under section 29(2) of the Road Safety Act 1986, the registrar must notify the Roads Corporation and the County Court or the Supreme Court.

(2)The registrar must recall and cancel any process in relation to the sentence to which the stay was ordered.

3.04Application for leave following late filing of appeal to the County Court or Supreme Court

(1)When a notice of appeal is filed more than 28 days after the day on which the sentence of the Court was imposed the registrar must record in the register that an application for leave to appeal has been made.

(2)When an application for leave to appeal is recorded under subrule (1), the registrar must recall and cancel any process issued to give effect to a sentence that is the subject of the appeal.

3.05Application to set aside an order striking out an appeal in the County Court or Supreme Court

The registrar must record in the register that an application to the County Court or Supreme Court to set aside an order striking out an appeal under section 430D(3) of the Act has been granted when notified by the County Court or Supreme Court.

3.06Filing of an appeal from the Children's Court to the Supreme Court on a question of law under Division 5 of Part 5.4 of Chapter 5 of the Act

The registrar must record in the court register when a copy of the notice of appeal filed in the Supreme Court pursuant to section 430P of the Act is delivered to the registrar.

3.07When the Supreme Court stays a Children's Court order

(1)When notified that the Supreme Court has ordered a stay of an order made by the Children's Court under section 430P of the Act, the registrar must recall any process issued to give effect to the order made by the Children's Court.

(2)If the Supreme Court has ordered a stay of the operation of an order under section 29(2) of the Road Safety Act 1986, the registrar must notify the Roads Corporation.

3.08When the Supreme Court remits a case for rehearing to the Children's Court

When informed that the Supreme Court has made an order under section 430P of the Act remitting a case to the Court for rehearing, the registrar must re‑list the matter before the Court.

ORDER 4—MISCELLANEOUS FORMS FOR THE PURPOSES OF THE ACT

4.01Application for time to pay fine, for instalment order or for variation of instalment order

For the purposes of section 377 of the Act, an application is made in the prescribed manner if it is made orally or in writing.

4.02Undertakings

(1)For the purposes of section 363 of the Act, the form of non-accountable undertaking is Form 7.

(2)For the purposes of section 365 of the Act, the form of accountable undertaking is Form 8.

4.03Notice to appear before Court

For the purposes of sections 366, 369, 371, 378, 384, 392 and 408 of the Act, the form of notice to appear before the Court in the Criminal Division is Form 9.

4.04Good behaviour bond

For the purposes of section 367 of the Act, the form of good behaviour bond is Form 10.

4.05Probation order, youth supervision order, youth attendance order and youth control order

(1)For the purposes of sections 378, 380, 381 and 382 of the Act, the form of probation order is Form 11.

(2)For the purposes of sections 378, 387, 388 and 389 of the Act, the form of youth supervision order is Form 12.

(3)For the purposes of sections 397 to 401 of the Act, the form of youth attendance order is Form 13.

(4)The form of a youth control order is Form 13A.

4.06Application to vary or revoke sentence

An application under section 381(5), 389(4), 409, 409N, 409Q or 421 of the Act may be made in Form 14.

4.07Order to bring person before a court, including Coroners Court

(1)For the purposes of section 490 of the Act, the prescribed form of order is Form 15.

(2)For the purposes of section 530(5) of the Act, the prescribed form of order is Form 16.

4.08Application to the Court—publication of proceedings

An application under section 534 of the Act for the permission of the President or a magistrate for the publication of proceedings in the Criminal Division must be in Form 17.

ORDER 5—WARRANTS

5.01Particulars of warrants to be entered in the register

The following particulars prescribed for the purposes of section 57(2) of the Magistrates' Court Act 1989 are to be entered in the court register—

(a)the type of warrant issued;

(b)the date of issue of warrant;

(c)in the case of a warrant to seize property issued for non-payment of a fine—

(i)the sum in respect of which the warrant is issued; and

(ii)the person to whom the warrant is directed for execution;

(d)the name of the person who issued the warrant.

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.

5.02Forms of warrants

(1)A warrant to detain for the purposes of sections 410 to 413 and 419 of the Act must be in Form 18.

(2)A warrant to arrest for the purposes of the Act must be in Form 19.

(3)A remand warrant for the purposes of the Act must be in Form 20.

*                *                *                *                *

ORDER 6—GENERAL

*                *                *                *                *

6.02Affidavit of service or declaration of service

For the purposes of the Act and the Criminal Procedure Act 2009—

(a)an affidavit of service must be in Form 21; and

(b)a declaration of service must be in Form 22.

Note

See section 399 of the Criminal Procedure Act 2009 which provides that service of a document may be proved by affidavit or statutory declaration.

FORM 1—NOTICE THAT PRACTITIONER CEASES TO ACT

Rule 2.01

Children, Youth and Families Act 2005

FORM 1

NOTICE THAT PRACTITIONER CEASES TO ACT

In the Children's Court of

Victoria at [venue]

Court Ref.:

BETWEEN  [name of informant]

v.

[name of accused]

In the matter of [name of parties]

TAKE NOTICE that the legal practitioner (or firm) indicated below NO LONGER ACTS for the accused [name(s)] in this matter.

Date:

[Signed]

Name of practitioner (or firm):

Address of practitioner (or firm):

Telephone number:

Present address of accused:

NOTE

This notice must be filed in the Court and served on—

the informant; and

the former client

as soon as possible after a practitioner has ceased to act for an accused.

FORM 2—DO NOT IGNORE THIS NOTICE

Rule 2.02

Children, Youth and Families Act 2005

FORM 2

DO NOT IGNORE THIS NOTICE

Do not ignore this notice.

If you do not understand this notice, you should get someone to interpret it for you immediately.

Seek legal advice.

A legal practitioner can help you decide what steps you need to take.

For free legal information or to speak to a legal practitioner call:

Victoria Legal Aid [insert telephone number]

Federation of Community Legal Centres to find the centre closest to you [insert telephone number]

Victoria Aboriginal Legal Service [insert telephone number]

(Information to the effect of this advice to be printed in English, Arabic, Assyrian, Dari, Dinka, Farsi, Karen, Kirundi, Mandarin, Somali, Spanish, Turkish and Vietnamese languages.)

FORM 3—WITNESS SUMMONS

Rule 2.03

Children, Youth and Families Act 2005

FORM 3

WITNESS SUMMONS

Court Ref.:

To the witness [name]

Gender:

Address

DETAILS OF THE CASE

Name of child

Type of hearing

*Charges [brief description]

*Other [specify]

Name of informant/applicant

Agency and address

Email address

Telephone

WHAT YOU HAVE TO DO

You must bring this summons with you and

* come to court to give evidence in the proceeding;

* come to court to give evidence and also produce at the hearing the following documents or things that are in your possession or control

[specify documents or things]

* produce at the hearing the following documents or things that are in your possession or control—

[specify documents or things]

*If a document or thing specified above may contain a confidential communication or protected health information within the meaning of Division 2A of Part II of the Evidence (Miscellaneous Provisions) Act 1958, that document or thing is not to be produced.

You may produce this summons and the documents or things referred to above to the Registrar of the Children's Court at [venue] by hand, by post or by electronic communication, in any case so that the registrar receives them not later than 2 days before the date on which you are required to attend.

If you are required to give evidence, you must attend at the hearing.

If you have any objections to giving evidence or producing documents you must come to court and a magistrate or judge will determine whether you are required to give evidence or produce documents.

WHERE YOU MUST GO

The Children's Court at [address]

Telephone

When

Time  Day                   Month  Year

Issued at

Date

*Registrar/*Judge/*Magistrate

*Summons filed by [identify party if any]

*Delete if not applicable

FORM 4—APPLICATION FOR EXTENSION OF TIME

Rule 2.04

Children, Youth and Families Act 2005

(Section 344B)

FORM 4

APPLICATION FOR EXTENSION OF TIME

To [name]

Date of birth

Address

DETAILS OF THIS APPLICATION

This application is for an extension of time for commencement of a proceeding.

This is the only application for extension of time that has been made in relation to this matter.

The grounds for the application will be adduced by sworn oral evidence or set out in the attached *affidavit/*statement/*other means.

Applicant's name

Agency and address

Telephone

Date

[Signature]

DETAILS OF THE HEARING

A hearing of this application will be held at [time] *a.m./*p.m. on [date] at the Children's Court at [venue].

Issued at

Date

Registrar

*Delete if not applicable

NOTES

A notice of the charge signed by the applicant must be filed and served 14 days prior to the hearing.

The child is entitled to appear at the hearing of this application. However if the child chooses not to appear the application can be heard in the absence of the child.

FORM 5—APPLICATION FOR JOINT COMMITTAL

Rule 2.06M

Children, Youth and Families Act 2005

(Section 516A)

FORM 5

APPLICATION FOR JOINT COMMITTAL

To [name]

Gender:

Date of birth

Address

DETAILS OF THIS APPLICATION

The applicant is charged with offence(s) that include

o murder  o attempted murder  o manslaughter  o arson causing death

o culpable driving causing death  o child homicide  o homicide by firearm

This application is for a joint committal with [name of co-accused] who has a matter listed at the [venue] Magistrates' Court on [date].

The matter is listed at the [venue] of the Children's Court for a committal mention on [date].

An application for joint committal in the Magistrates' Court

o has been made [attach copy of order].

o has not been made.

o is listed in the Magistrates' Court on [date].

This application is appropriate because—

·the charges against each accused could properly be joined in the same indictment; and

·the co-accused is an adult.

Applicant's name

Agency and address

Telephone

[Signature]

Date

DETAILS OF THE HEARING

A hearing of this application will be held at [time] *a.m./*p.m. on [date] at the Children's Court at [venue].

Issued at

Date

Registrar

*Delete if not applicable

Note

An order for joint committal must be made in both the Children's and Magistrates' Courts before a joint proceeding can be held (see section 25(3) of the Magistrates' Court Act 1989 and section 516A of the Children, Youth and Families Act 2005).

FORM 6—GENERAL APPLICATION

Rules 2.06, 2.06Q, 2.06R and 2.06U

Children, Youth and Families Act 2005

FORM 6

GENERAL APPLICATION

Court Ref.:

In the matter of

An application by

The applicant applies to the Children's Court for the following orders:

[specify orders being sought]

GROUNDS FOR APPLICATION

The following grounds are relied on: [list grounds]

DETAILS OF THE HEARING

A hearing of this application will be held at [time] *a.m./*p.m. on [date] at the Children's Court at [venue].

Issued at

Date

Registrar

*Delete if not applicable

FORM 6A—NOTICE OF APPEARANCE

Rule 2.06A

Children, Youth and Families Act 2005

FORM 6A

NOTICE OF APPEARANCE

Court Ref.:

In the Children's Court of

Victoria at [venue]

BETWEEN  [name of informant]

v.

[name of accused]

Committal mention date:

APPEARANCE

TAKE NOTICE THAT the legal practitioner (or firm) indicated below has been instructed to represent the accused.

[name(s) of accused]

I *have/*have not been instructed to accept personal service of documents on behalf of the accused.

Date:

[Signed]

Name of legal practitioner (or firm):

Address of legal practitioner (or firm):

Telephone number:

Fax number for service of documents:

Email address for service of documents electronically (if available):

Name of person handling the matter:

Present address of accused:

This notice of appearance is to be filed with the Court, served on the informant and *DPP/*Commonwealth DPP if applicable.

*Delete if not applicable

FORM 6B—NOTICE OF COMMITTAL MENTION DATE AND HAND-UP BRIEF

Rule 2.06G(1)

Children, Youth and Families Act 2005

FORM 6B

NOTICE OF COMMITTAL MENTION DATE AND HAND‑UP BRIEF

(Section 110 of the Criminal Procedure Act 2009)

Court Ref.:

In the Children's Court of

Victoria at [venue]

TO: [accused]

of [address(es)]

Informant's contact details—[insert name and contact details]

COMMITTAL MENTION DATE

You have been charged with *a criminal offence/*criminal offences. A copy of the charge-sheet is attached to this notice.

There will be a committal mention hearing in relation to *the charge/*those charges at the Children's Court at [venue] on [date] at [time].

You must attend court on that date.

WHAT IS A COMMITTAL PROCEEDING?

A committal proceeding is a proceeding in the Children's Court. That court will examine the evidence relating to the charge or charges against you to decide whether there is sufficient evidence to send you for trial in the County Court or the Supreme Court.

The evidence will include the documents and other things that are contained in the hand-up brief of evidence which is attached to this notice.

Depending on the nature of the case and of the witnesses, you may be able to ask the court's permission for you or your lawyer to cross-examine some or all of the witnesses about their statements.

DISCUSSION OF ISSUES WITH THE PROSECUTOR

At least 7 days before the committal mention date you or your lawyer must discuss your case with the prosecutor. (If you or your lawyer have not already been notified of the prosecutor's contact details, you or your lawyer should be notified of those details no later than 14 days before the committal mention date.)

The purpose of the discussion is to find out matters including—

(a)whether you propose to plead guilty or not guilty;

(b)whether you will be arguing that there is insufficient evidence for the case to go to trial before a jury;

(c)whether you will be asking to cross-examine any of the witnesses whose statements are contained in the hand-up brief of evidence, and whether the prosecutor opposes that cross-examination;

(d)whether you will be calling any of your own witnesses to give evidence;

(e)whether you want to inspect any things that are listed in the hand‑up brief of evidence, and whether the informant objects to that inspection;

(f)if a charge is to be heard and determined summarily, whether you will be applying to the court to have the charge tried by a magistrate or judge in the Children's Court rather than by a judge and jury in the County Court or Supreme Court (but see section 356 of the Children, Youth and Families Act 2005).

THE COMMITTAL MENTION HEARING

A committal mention hearing is one of the stages of a committal proceeding. At a committal mention hearing the court may—

(a)determine any application for a charge to be tried summarily in the Children's Court (if applicable);

(b)hear and determine an application for leave to cross-examine a witness;

(c)fix a date for a committal hearing;

(d)hear and determine any objection to disclosure of material;

(e)fix another date for a committal mention hearing;

(f)make any other order or give any direction that the court considers appropriate;

(g)immediately hear and determine the committal proceeding (in other words, it may examine all of the evidence and decide whether or not you should be tried by a judge and jury in the County Court or Supreme Court);

(h)if the Court decides that you should be tried by a judge and jury in the County Court or Supreme Court, ask you whether you plead guilty or not guilty to the charge or charges against you.

THIS IS AN IMPORTANT DOCUMENT. DO NOT IGNORE IT.

If you do not have a lawyer, you should contact a lawyer, Victoria Legal Aid or a registrar of the Children's Court as soon as possible.

[Telephone number for Law Institute of Victoria Referral Service—insert details]

[Address and telephone number for Victoria Legal Aid—insert details]

[Address and telephone number of registrar of Children's Court—insert details]

AFFIDAVIT OF SERVICE

I [full name]

of [address]

a police officer in the State of Victoria

*make oath and say

*affirm and say

I served on the accused a hand-up brief containing this notice and the enclosures referred to in this notice by delivering a true copy to the accused personally at [address] on [day of week] [date] at [time].

The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*Sworn/*Affirmed at [place] in the State of Victoria

on [date]

[Signature of person swearing or affirming the affidavit contents, to be signed in front of the authorised affidavit taker]



Before me,

[Signature of authorised affidavit taker]

on [date]

[Full name, statement of capacity in which the authorised affidavit taker has authority to take the affidavit, and personal or professional address in legible writing, typing or stamp]

A person authorised under Part 3 of the Oaths and Affirmations Act 2018 to take an affidavit.

*Delete if not applicable

DECLARATION OF SERVICE

I [full name]

of [address]

a police officer in the State of Victoria declare that I served on the accused a hand-up brief containing this notice and the enclosures referred to in this notice by delivering a true copy to the accused personally at [address] on [day of week] [date] at [time].

I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

[Signature of person making this statutory declaration in the presence of the authorised statutory declaration witness]

Declared at [place] in the State of Victoria

on [date]

I am an authorised statutory declaration witness and I sign this document in the presence of the person making the declaration:

[Signature of authorised statutory declaration witness]

on [date]

[Full name, qualification as authorised statutory declaration witness and personal or professional address of authorised statutory declaration witness in legible writing, typing or stamp]

A person authorised under Part 4 of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*Delete if not applicable

FORM 6C—LIST OF INFORMATION OR OTHER DOCUMENTS INCLUDED IN HAND-UP BRIEF

Rule 2.06G(2)

Children, Youth and Families Act 2005

FORM 6C

LIST OF INFORMATION OR OTHER DOCUMENTS INCLUDED IN HAND-UP BRIEF

(Section 110 of the Criminal Procedure Act 2009)

Court Ref.:

In the Children's Court of

Victoria at [venue]

1.A notice of committal mention date and hand-up brief and a copy of the charge-sheet relating to the alleged offence.

2.A statement of the material facts relevant to the charge is attached.

*3.Order(s) were made for the examination of [names of persons] under section 104 of the Criminal Procedure Act 2009 and transcript(s) of the examination(s) *is/*are *attached/*not attached.

OR

*3.No orders were made for the examination of any person under section 104 of the Criminal Procedure Act 2009.

OR

*3.There are no forensic procedures, examinations or tests on which the prosecutor intends to rely as tending to establish the guilt of the accused that are not yet completed.

OR

*3.The following forensic procedures, examinations or tests on which the prosecutor intends to rely as tending to establish the guilt of the accused are not yet completed. [describe here any forensic procedures, examinations or tests that are not yet completed]

*4.The following is a list of other statements that are capable of being admitted in evidence relevant to the charge available to the informant but on which the informant does not intend to rely.

[list statement(s) here]

OR

*4.There is no other statement that is capable of being admitted in evidence relevant to the charge available to the informant but on which the informant does not intend to rely.

5.The following information, document or thing on which the prosecution intends to rely in the committal proceeding are—

*a copy of any statement relevant to the charge signed by the accused, or a record of interview of the accused, that is in the possession of the informant

*a copy or statement of any other evidentiary material that is in the possession of the informant relating to a confession or admission made by the accused relevant to the charge

*a list of the persons who have made statements that the informant intends to tender at the committal hearing, together with copies of those statements

*a legible copy of any document which the prosecution intends to produce as evidence

*a list of any things the prosecution intends to tender as exhibits

*a clear photograph, or a clear copy of such a photograph, of any proposed exhibit that cannot be described in detail in the list

*a copy, or a transcript, of any audio recording or audiovisual recording required under Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958

*a transcript of any audio or audiovisual recording for the purposes of section 368 of the Criminal Procedure Act 2009

*a list of any things the prosecution intends to tender as exhibits.

6.Any other information, document or thing (official or otherwise) in the possession of the prosecution that is capable of being admitted in evidence relevant to the charge but on which the prosecutor does not intend to rely are—

*a list of the persons (including experts) who have made statements relevant to the alleged offence and a copy of the statement made by each person or written summary of any evidence likely to be given by that person

*a copy of records of any medical examination of the accused

*a copy of reports of any forensic procedure or forensic examination conducted on the accused

*a copy of the results of any tests carried out on behalf of the prosecution and relevant to the alleged offence

*if the committal proceeding relates to a charge for a sexual offence, a copy of every statement made by the complainant to any police officer that relates to the alleged offence and contains an acknowledgement of its truthfulness

*running sheets

*prisoner's register

*attendance register

*expert witness notes

*witnesses' prior convictions

*notes (prosecution witness)

*photos or photocopies where it is impractical to produce extra sets

*video files or video recordings

*audio files or audio recordings

*notes (e.g.) surveillance logs, crime scene notes, exhibit logs, diaries

*other documents (provide details).

Signature of informant:

Name of informant:

Address:

Telephone:

Email address:

Date:

Note

This Form is to be completed by the informant and included in any hand-up brief.

*Delete if not applicable

FORM 6D—CASE DIRECTION NOTICE

Rule 2.06H

Children, Youth and Families Act 2005

FORM 6D

CASE DIRECTION NOTICE

(Section 119 of the Criminal Procedure Act 2009)

Court Ref.:

In the Children's Court of

Victoria at [venue]

TO: the registrar

*TAKE NOTICE that—

o  the *accused/*accused's legal practitioner/*DPP/*informant seek(s) a ground rules hearing;

o  the *accused/*accused's legal practitioner has read the brief of evidence;

o  the DPP or informant has read the brief of evidence;

o  the accused and the DPP or informant have discussed whether this matter can be resolved by *a plea/*pleas of guilty and, if so, on what charge(s);

o  the accused and the DPP or informant propose that this committal proceeding be dealt with as follows—

*1.The court should determine the committal proceeding at the committal mention hearing.

At the committal mention hearing, will the accused submit that the accused should not be committed for trial? *Yes/*No

If committed for trial, how does the accused intend to plead?

*Guilty/*Not guilty/*Not applicable (charge to be withdrawn)

[if there is more than one charge, and the answers to these questions are not the same for all charges, list the charges separately or in groups and provide answers in relation to each charge or group of charges]

*Basis of indication of intention to plead

[If the accused indicates an intention to plead on a particular basis or bases, briefly indicate that basis or those bases. For example—

The indication is made without prejudice in the course of negotiations to settle the matter.

The indication is made on the basis that the informant will withdraw particular charges.]

*2.The parties seek a committal case conference. The issues identified by the parties to be addressed at the committal case conference are—[insert brief description of issues]

*3.The accused will apply for a summary hearing of the following charge(s).

Charge [list each charge for which there will be an application for a summary hearing]

Proposed plea

*Guilty

*Not guilty

*4.The accused will apply for leave to cross-examine the following witness or witnesses.

Name of witness:

Does the informant oppose leave being granted? *Yes/*No

Issue, relevance and justification

[indicate the issue or issues identified by the accused to which the proposed questioning relates, why the accused considers that evidence of the witness is relevant to that issue or those issues and why the accused considers that cross-examination on that issue or those issues is justified]

Opposition [indicate why the informant opposes leave being granted]

*5.The particulars of previous convictions of any witness on whose evidence the prosecution intends to rely in the committal proceeding.

*6.The accused seeks the production of an item or items listed in the hand-up brief and the informant objects to the production of the item or items—

Item [describe the item(s)]

Ground for objection [indicate the informant's ground for objecting to producing the item]

*7.The accused seeks the production of an item or items not included in the hand-up brief.

*8.The prosecution did not describe the following in the disclosure certificate served on the accused under section 110A of the Criminal Procedure Act 2009—

Information, document or thing Nature of privilege, immunity, prohibition or restriction
1. [Describe the information, document or thing (including any detail relating to the information, document or thing) that was not described in the disclosure certificate] [Describe the privilege, immunity, prohibition or restriction to which the information, document or thing is subject]
2.
3.
4.
5.

*9.The accused is *prepared/*not prepared to proceed with the committal hearing while a forensic procedure, examination or test described in the hand‑up brief remains incomplete.

*10.The accused and the DPP or informant seek an adjournment of the committal proceeding.

Reason(s) for adjournment [indicate the reason(s) for the proposed adjournment]

Date:

Signature of *accused/*accused's legal practitioner:

Name:

Firm:

Telephone:

Email address:

Date:

Signature (for or on behalf of the DPP or informant):

Name:

Telephone:

Email address:

*Delete if not applicable

FORM 6E—NOTICE OF COMMITTAL PROCEEDING

Rule 2.06I

Children, Youth and Families Act 2005

FORM 6E

NOTICE OF COMMITTAL PROCEEDING

Court Ref.:

In the Children's Court of

Victoria at [venue]

TO: [accused]

of [address(es)]

Informant's contact details: [insert name and contact details]

COMMITTAL MENTION DATE

You have been charged with *a criminal offence/*criminal offences.

There will be a committal mention hearing in relation to the charge or charges at the Children's Court at [venue] on [date] at [time].

You must attend court on that date.

WHAT IS A COMMITTAL PROCEEDING?

A committal proceeding is a proceeding in the Children's Court. That court will examine the evidence relating to the charge or charges against you to decide whether there is sufficient evidence to send you for trial in the County Court or the Supreme Court.

WHAT WILL HAPPEN BETWEEN NOW AND THE COMMITTAL MENTION DATE?

At least 42 days before the committal mention hearing, the person who charged you (the informant) will provide you (or your lawyer, if you have a lawyer) with a hand-up brief. The hand-up brief will set out the evidence relating to the charge or charges against you. This will include statements made by witnesses.

You or your lawyer will be notified of the prosecutor's contact details. You or your lawyer must discuss the case with the prosecutor before the committal mention hearing.

Depending on the nature of the case and of the witnesses, you may be able to ask the court's permission for you or your lawyer to cross-examine some or all of the witnesses about their statements.

You will receive further information about the process when you receive the hand-up brief of evidence.

THIS IS AN IMPORTANT DOCUMENT. DO NOT IGNORE IT.

If you do not have a lawyer, you should contact a lawyer, Victoria Legal Aid or a registrar of the Children's Court as soon as possible.

[Telephone number for Law Institute of Victoria Referral Service]

[Address and telephone number for Victoria Legal Aid]

[Address and telephone number of registrar of Children's Court]

Date:

Registrar:

*Delete if not applicable

FORM 6F—APPLICATION FOR THE FIXING OF A LONGER PERIOD FOR THE HOLDING OF A COMMITTAL MENTION HEARING

Rule 2.06J

Children, Youth and Families Act 2005

FORM 6F

APPLICATION FOR THE FIXING OF A LONGER PERIOD FOR THE HOLDING OF A COMMITTAL MENTION HEARING

(Section 126 of the Criminal Procedure Act 2009)

Court Ref.:

In the Children's Court of

Victoria at [venue]

TO: [identify party to whom notice of application is to be given]

THE APPLICANT [insert name] applies to the Court for the Court to fix a longer period for the holding of a committal mention hearing than that set out in section 126 of the Criminal Procedure Act 2009.

The committal mention date in this committal proceeding is: [date].

The application will be heard at the Children's Court at [venue] on [date] at [time] *a.m./*p.m. or so soon afterwards as the business of the Court allows.

A *statement/*affidavit in support *has/*has not been filed with the Court.

Signature of applicant or applicant's legal practitioner:

Date:

Registrar:

This application was filed by:

*Delete if not applicable

FORM 6H—COMMITTAL CAUTION

Rule 2.06N

Children, Youth and Families Act 2005

FORM 6H

COMMITTAL CAUTION

(Section 144(2)(b)(iii) of the Criminal Procedure Act 2009)

You may plead guilty or not guilty. If you plead guilty to all the charges or some of the charges today or at any time before or during your trial, the sentencing judge may take into account whether you pleaded guilty and the stage in the proceedings at which you pleaded guilty or indicated an intention to plead guilty. It is also your right to plead not guilty to all of the charges or some of them. Whatever you say will be recorded and may be given in evidence if you appear before a judge. Do you plead guilty or not guilty?

FORM 6I—ALIBI CAUTION

Rule 2.06O

Children, Youth and Families Act 2005

FORM 6I

ALIBI CAUTION

(Section 144(2)(b)(i) of the Criminal Procedure Act 2009)

I caution you that your right to call evidence at trial in support of an alibi is restricted.

To be allowed to call alibi evidence you must give written notice to the Court now or to the DPP not later than 14 days after the end of this committal proceeding.

The notice must contain—

(a)particulars as to time and place of the alibi;

(b)the name of any witness to the alibi;

(c)last known address of the witness;

(d)if the name and address of a witness are not known, any information which might be of material assistance in finding the witness—

in support of your alibi.

FORM 7—NON-ACCOUNTABLE UNDERTAKING

Rule 4.02(1)

Children, Youth and Families Act 2005

(Section 363)

FORM 7

NON-ACCOUNTABLE UNDERTAKING

Court Ref.:

To [name]

Gender:

Date of birth

Address

The Children's Court at [venue] on [date] found you guilty of

[list offences]

You have not been convicted of these offences.

DETAILS OF THE ORDER

The Court made the following order

That the charge(s) against you be dismissed

AND

That you give the following undertaking

[insert details]

That your parent, [name] give the following undertaking

[insert details]

I agree to comply with this undertaking.

[Acknowledgment by child:
*orally/*by signature]

[Acknowledgment by parent: *orally/*by signature]

NOTE

An undertaking is a promise to the Court that you will or will not do the things specified in the undertaking.

Date

*Judge/*Magistrate

*Delete if not applicable

FORM 8—ACCOUNTABLE UNDERTAKING

Rule 4.02(2)

Children, Youth and Families Act 2005

(Section 365)

FORM 8

ACCOUNTABLE UNDERTAKING

Court Ref.:

To [name]

Gender:

Date of birth

Address

The Children's Court at [venue] on [date] found you guilty of

[list offences]

You have not been convicted of *this offence/*these offences.

DETAILS OF THE ORDER

The Court made the following order

That the charge(s) against you be dismissed

AND

That you give the following undertaking

[insert details]

AND

That if you breach the undertaking you be made accountable and be dealt with for the breach.

That your parent, [name] give the following undertaking

[insert details]

I agree to comply with this undertaking.

[Acknowledgment by child:
*orally/*by signature]

[Acknowledgment by parent: *orally/*by signature]

NOTE

An undertaking is a promise to the Court that you will or will not do the things specified in the undertaking. If you fail to comply with this undertaking the Court may direct that you be brought back before the Court.

Date

*Judge/*Magistrate

*Delete if not applicable

FORM 9—NOTICE TO APPEAR BEFORE THE COURT

Rule 4.03

Children, Youth and Families Act 2005

(Sections 366, 369, 371, 378, 384, 392 and 408)

FORM 9

NOTICE TO APPEAR BEFORE THE COURT

CRIMINAL DIVISION

Court Ref.:

To [name]

Gender:

Date of birth

Address

DETAILS OF THE SENTENCE OR FINE DEFAULT ORDER

The order was made by the Children's Court at [venue] on [date].

The charge-sheet was filed by [full name of informant]

Agency and address

Telephone

The sentence or fine default order was:

*an accountable undertaking     *a good behaviour bond        *a fine

*a youth supervision order       *a youth attendance order

*a probation order                   *an instalment order

*The order was a fine default order.

DETAILS OF THIS NOTICE

Reasons for service of this notice [set out reasons]

Applicant's name

Agency and address

Telephone

Date

[Signature]

DETAILS OF THE HEARING

A hearing of this case will be held at [time] *a.m./*p.m. on [date] at the Children's Court at [venue].

YOU MUST APPEAR BEFORE THE COURT AT THE HEARING.

IF THE ORDER WAS MADE AGAINST YOU, AND YOU FAIL TO APPEAR BEFORE THE COURT, THE COURT MAY ORDER THAT A WARRANT TO ARREST YOU BE ISSUED.

Issued at

Date

Registrar

*Delete if not applicable

FORM 10—GOOD BEHAVIOUR BOND

Rule 4.04

Children, Youth and Families Act 2005

(Section 367)

FORM 10

GOOD BEHAVIOUR BOND

Court Ref.:

To [name]

Gender:

Date of birth

Address

The Children's Court at [venue] on [date] found you guilty of

[list offences]

You have not been convicted of *this offence/*these offences.

DETAILS OF THE ORDER

The Court orders—

That the proceeding be adjourned until [end date] on condition that you enter into a good behaviour bond.

The amount of your bond is $ [insert amount of bond].

THE FOLLOWING CONDITIONS APPLY TO YOUR GOOD BEHAVIOUR BOND

1. You must appear, if so required by the Court, at the time to which the proceeding has been adjourned. (You will receive a notice if you have to come to Court).

2. You must appear before the Court, if required to do so, during the period of the adjournment. (You will receive a notice if you have to come to Court).

3. You must be of good behaviour during the period of the adjournment.

4. You must observe any special conditions imposed by the Court.

*Special conditions

[insert details]

I agree to enter into this good behaviour bond, to appear before the Court if required, and to observe any special condition imposed by the Court.

[Acknowledgment by child:  *orally/*by signature]

Date

*Judge/*Magistrate

*Delete if not applicable

FORM 11—PROBATION ORDER

Rule 4.05(1)

Children, Youth and Families Act 2005

(Sections 378, 380, 381 and 382)

FORM 11

PROBATION ORDER

Court Ref.:

To [name]

Gender:

Date of birth

Address

The Children's Court at [venue] on [date] found you guilty of

[list offences]

You *were/*were not convicted of *this offence/*these offences.

DETAILS OF THE ORDER

The Court orders that you be placed on probation *for [period]/


*until [end date].

*The Court directs that your probation order be served:

*cumulatively on any uncompleted probation order.

*in part concurrently with any uncompleted probation order.

*Details of part concurrency:

THE FOLLOWING CONDITIONS APPLY TO YOUR PROBATION ORDER

1.You must report to the Secretary to the Department of Justice and Community Safety within 2 working days at [venue] after this order is made.

2.You must report, during the period of the probation order, to your assigned youth justice officer as required by the youth justice officer.

3.You must not re-offend during the period of the probation order.

4.You must not leave the State without the written permission of the Secretary.

5.You must notify your assigned youth justice officer of any change of residence, school or employment within 48 hours after the change.

6.You must obey the reasonable and lawful instructions of your assigned youth justice officer.

Note

Any reference to the Secretary is to be taken as including a reference to one of the Secretary's delegated officers.

*The Court also orders that you comply with the following special conditions

[insert details]

I consent to this order being made.

[Acknowledgment by child:  *orally/*by signature]

Date

*Judge/*Magistrate

*Delete if not applicable

FORM 12—YOUTH SUPERVISION ORDER

Rule 4.05(2)

Children, Youth and Families Act 2005

(Sections 378, 387, 388 and 389)

FORM 12

YOUTH SUPERVISION ORDER

Court Ref.:

To [name]

Gender:

Date of birth

Address

The Children's Court at [venue] on [date] found you guilty of

You *were/*were not convicted of *this offence/*these offences.

DETAILS OF THE ORDER

The Court orders that you be placed on a youth supervision order *for [period]/*until [end date].

*The Court directs that your youth supervision order be served:

*cumulatively on any uncompleted youth supervision order(s).

*in part concurrently with any uncompleted youth supervision order(s).

*Details of part concurrency

THE FOLLOWING CONDITIONS APPLY TO YOUR YOUTH SUPERVISION ORDER

1.You must report to the Secretary to the Department of Justice and Community Safety within 2 working days at [venue] after this order is made.

2.You must report, during the period of the youth supervision order, to the Secretary as required by the Secretary.

3.You must not re-offend during the period of the youth supervision order.

4.You must not leave the State without the written permission of the Secretary.

5.You must notify the Secretary of any change of residence, school or employment within 48 hours after the change.

6.You must attend a youth justice unit or any other place specified in the youth supervision order.

7.You must participate in a community service program or any other program, if so directed by the Secretary.

8.You must obey the reasonable and lawful instructions of the Secretary.

Note

Any reference to the Secretary is to be taken as including a reference to one of the Secretary's delegated officers.

*The Court also orders that you comply with the following special conditions:

[insert details]

I consent to this order being made.

[Acknowledgment by child:  *orally/*by signature]

Date

*Judge/*Magistrate

*Delete if not applicable

FORM 13—YOUTH ATTENDANCE ORDER

Rule 4.05(3)

Children, Youth and Families Act 2005

(Sections 397–401)

FORM 13

YOUTH ATTENDANCE ORDER

Court Ref.:

To [name]

Gender:

Date of birth

Address

The Children's Court at [venue] on [date] convicted you of

[list offences]

DETAILS OF THE ORDER

The Court makes a youth attendance order in respect of you *for [period]/


*until [end date].

*The Court directs that your attendance order be served:

*cumulatively on any uncompleted youth attendance order(s).

*in part concurrently with any uncompleted youth attendance order(s).

*Details of part concurrency:

THE FOLLOWING CONDITIONS APPLY TO YOUR YOUTH ATTENDANCE ORDER

1.You must report to the Secretary to the Department of Justice and Community Safety within 2 working days at [venue] after this order is made.

2.You must not commit another offence during the period that the order is in force.

3.You must attend a youth justice unit *for [period]/*until [end date].

4.You must not leave the State without the written permission of the Secretary.

5.You must notify the Secretary of any change of residence, school or employment within 48 hours after the change.

6.You must comply with the provisions of a notice under section 402 of the Children, Youth and Families Act 2005 and with the requirements for attendance in section 402(1)(a) and (b) of that Act.

7.You must attend at any alternative day and time set by the Secretary under section 402(5) of the Children, Youth and Families Act 2005 or attend for any extension of the term of the order as fixed by the Secretary under section 402(6) of that Act.

8.You must carry out the reasonable and lawful directions of the Secretary or any person acting under the authority of the Secretary under sections 406 and 407(1) of the Children, Youth and Families Act 2005.

Note

Any reference to the Secretary is to be taken as including a reference to one of the Secretary's delegated officers.

*The Court also orders that you comply with the following special conditions

[insert details]

I consent to this order being made.

[Acknowledgment by child:  *orally/*by signature]

Date

*Judge/*Magistrate

*Delete if not applicable

FORM 13A—YOUTH CONTROL ORDER

Rule 4.05(4)

Children, Youth and Families Act 2005

(Section 409B)

FORM 13A

YOUTH CONTROL ORDER

Court Ref.:

To [name]

Gender:

Date of birth

Address

The Children's Court at [venue] on [date] convicted you of

[list offences]

DETAILS OF THE ORDER

The Court makes a youth control order in respect of you *for [period]/


*until [end date].

*The Court directs that your youth control order be served:

*cumulatively on any uncompleted youth control order(s).

*in part concurrently with any uncompleted youth control order(s).

*Details of part concurrency:

THE FOLLOWING CONDITIONS APPLY TO YOUR YOUTH CONTROL ORDER

1.You must not commit another offence, whether within or outside the State of Victoria, during the period that the order is in force.

2.You must report to the Secretary to the Department of Justice and Community Safety at [venue] within 2 working days after this order is made.

3.You must report to the Secretary to the Department of Justice and Community Safety, as required by the Secretary, during the period that the order is in force.

4.You must comply with any lawful and reasonable directions given by the Secretary to the Department of Justice and Community Safety.

5.You must attend the Children's Court at [venue] on [date] at [time] for an initial judicial monitoring hearing and attend any subsequent judicial monitoring hearings as directed by the Court.

6.You must participate in education, training or work (whether paid or unpaid) as follows: [details of education, training or work] for the period of [specify period] until [date].

7.You must notify the Secretary to the Department of Justice and Community Safety of any change of residence, school or employment within 2 working days after the change.

8.You must not leave the State of Victoria without the written permission of the Secretary to the Department of Justice and Community Safety.

*The Court also orders that you comply with the following requirements:

9.You must participate in community service activities [insert details].

10.You must undergo treatment for drug or alcohol dependence [insert details].

11.You must attend a counselling or treatment service [insert details].

12.You must reside at [insert address].

13.You must not leave your place of residence between [time] and [time] on [specify days].

14.You must not contact [name of person(s)].

15.You must attend and participate in a group conference.

16.You must participate in cultural programs or attend culturally specific community support services [insert details].

17.You must not use the following social media [specify].

18.*You must not visit [specify place(s) or area(s)]/*You must not visit [specify place(s) or area(s)] except on [specify times].

19.You must participate in disability services under the Disability Act 2006 as directed by the Secretary to the Department of Justice and Community Safety.

20.You must [specify other requirement].

Note

Any reference to the Secretary is to be taken as including a reference to one of the Secretary's delegated officers.

I consent to this order being made.

[Acknowledgment by child:  *orally/*by signature]

*Non-accountable parental undertaking

I [name] undertake to support the child to comply with this youth control order for [period] until [end date].

*Conditions: [insert any conditions]

[Acknowledgment by parent:  *orally/*by signature]

Date

*Judge/*Magistrate

*Delete if not applicable

FORM 14—APPLICATION TO VARY OR REVOKE A SENTENCE

Rule 4.06

Children, Youth and Families Act 2005

(Sections 381(5), 389(4), 409, 409N, 409Q and 421)

FORM 14

APPLICATION TO VARY OR REVOKE A SENTENCE

Court Ref.:

To [name]

Gender:

Date of birth

Address

DETAILS OF THE SENTENCE

The order was made by the Children's Court at [venue] on [date].

The charge-sheet was filed by [full name of informant]

Agency and address

Telephone

The sentence was

*a probation order/*a youth supervision order/*a youth attendance order/*a youth control order.

DETAILS OF THIS APPLICATION

This application is to *vary the order/*revoke the order.

The grounds for the application are

[insert grounds]

Applicant's name

Agency and address

Telephone

Date

[Signature]

DETAILS OF THE HEARING

A hearing of this application will be held at [time] *a.m./*p.m. on [date] at the Children's Court at [venue].

Issued at

Date

Registrar

*Delete if not applicable

FORM 15—ORDER TO BRING A PERSON BEFORE A COURT, INCLUDING CORONERS COURT

Rule 4.07(1)

Children, Youth and Families Act 2005

(Section 490)

FORM 15

ORDER TO BRING A PERSON BEFORE A COURT, INCLUDING CORONERS COURT

Court Ref.:

Name of child

Gender:

Date of birth

To:

*the Secretary to the Department of Justice and Community Safety

*the officer in charge at [insert name of place where child has been remanded in custody or name of youth residential centre or youth justice centre where child has been detained]

*all police officers

I order that the child is to be brought to the Children's Court at [name and address of Children's Court or name and address of place where facilities exist to enable the child to appear by audio visual link within the meaning of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958] at [time] *a.m./*p.m. on [date].

DETAILS OF THE PROCEEDING

[describe the proceeding]

REASON FOR ORDER

[set out reasons]

AND the person is to remain in the custody of that police officer, protective services officer or other officer acting under this order until returned to the officer in charge of the place of detention or remand.

Applicant's name

Agency and address

Telephone

Email address

Signed at

Date

*Judge/*Magistrate/*Registrar/*Coroner/*Registrar of the Coroners Court

*Delete if not applicable

FORM 16—ORDER TO BRING A CHILD BEFORE THE COURT PRIOR TO THE ADJOURNED DATE

Rule 4.07(2)

Children, Youth and Families Act 2005

(Section 530(5))

FORM 16

ORDER TO BRING A CHILD BEFORE THE COURT PRIOR TO THE ADJOURNED DATE

Court Ref.:

Name of child

Gender:

Date of birth

To:

*the Secretary to the Department of Justice and Community Safety

*the officer in charge at [insert name of place where child has been remanded in custody or name of secure welfare service where child has been placed]

*all police officers

I order that the child is to be brought to the Children's Court at [name and address of Children's Court or name and address of place where facilities exist to enable the child to appear by audio visual link within the meaning of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958] at [time] a.m./p.m. on [date].

The child is to answer the following charges [provide brief description]

The charge-sheet was filed by

Name

Agency and address

The charge-sheet was filed at the Children's Court at [venue]

OR

The child is to be brought before the Court on

*give details

Signed at

Date

*Judge/*Magistrate

*Delete if not applicable

FORM 17—APPLICATION UNDER SECTION 534—PUBLICATION OF PROCEEDINGS

Rule 4.08

Children, Youth and Families Act 2005

FORM 17

APPLICATION UNDER SECTION 534—PUBLICATION OF PROCEEDINGS

Court Ref.:

In the matter of

An application by

The applicant applies to the Children's Court for the following orders:

1.An order pursuant to section 534 of the Children, Youth and Families Act 2005 that [insert name] be permitted to publish the following [list particulars].

2.*Such other or further orders as the Court sees fit.

Grounds for application

The following grounds are relied on: [list grounds]

Details of the hearing

A hearing of this application will be held at [time] *a.m./*p.m. on [date] at the Children's Court at [venue]

Issued at

Date

Registrar

*Delete if not applicable

FORM 18—WARRANT TO DETAIN

Rule 5.02(1)

Children, Youth and Families Act 2005

(Sections 410 to 413 and 419)

FORM 18

WARRANT TO DETAIN

Court Ref.:

Name of child

Gender:

Date of birth

Address

The charge-sheet was filed by

Name

Agency

The charges were heard in the Children's Court at [venue]

DETENTION ORDER SUMMARY

Effective total term

Time spent in custody  Taken into account *Yes/*No

Sentences imposed in this case to be:

*cumulative on other sentences presently being served

*part concurrent with other sentences presently being served.

(the concurrent portion of the sentence)

*cumulative on any period owed to the Youth Parole Board or the Youth Residential Board

*part concurrent with any period owed to the Youth Parole Board or Youth Residential Board (the concurrent portion of sentence)

Date sentenced imposed

The Court also ordered

[insert details]

AUTHORITY AND DIRECTIONS

To [name of police officer] or [all police officers]

You are authorised to break, enter and search any place where the child named in this warrant is suspected to be and to take and safely convey the child named in this warrant to

*a youth justice centre   *a youth residential centre

and to deliver the child to the officer in charge of the youth justice centre or youth residential centre.

To the Secretary to the Department of Justice and Community Safety or any other person into whose custody the child named in this warrant is transferred

You are directed and authorised to receive that child into custody and to safely keep that child for the period specified, or in the circumstances described in this warrant or until that child is otherwise removed or discharged from custody by due course of law.

Issued at

Date

*Registrar/*Judge/*Magistrate

*Delete if not applicable

FORM 19—WARRANT TO ARREST

Rule 5.02(2)

Children, Youth and Families Act 2005

FORM 19

WARRANT TO ARREST

Court Ref.:

Name of person to be arrested

Gender:

Date of birth

Address

STATEMENT OF REASONS FOR THIS WARRANT

*The accused failed to appear before the Court on [date] in answer to a charge and summons.

*The accused failed to attend before the Court on [date] in accordance with the accused's bail.

*The person failed to appear before the Court on [date] in answer to a notice to appear before the Court.

*The person was served with a witness summons and failed to attend before the Court on [date] in answer to that witness summons.

*Other

[give details]

The accused was charged with

The charge-sheet was filed by

Agency and address

Telephone

DIRECTIONS

To [name of police officer] or [all police officers]

You are authorised to

break, enter and search, if necessary, any place where the person named or described in this warrant is suspected to be;

arrest the person named or described in this warrant;

AND TO

*bring the person before a bail justice or the Court within a reasonable time of being arrested to be dealt with according to law. If the warrant is issued in respect of a sentence alleged to have been breached, the person must be brought before the Court within a reasonable time of being arrested but not later than the next working day after the person is arrested and in the meantime must be placed as provided by the Children, Youth and Families Act 2005;

OR

*release the person on bail in accordance with the endorsement below;

OR

*discharge the person on bail under section 10 of the Bail Act 1977.

Issued at

Date

*Registrar/*Judge/*Magistrate

ENDORSEMENT FOR BAIL

A judge or magistrate has authorised the following endorsement

[insert details]

The person named may be released upon entering an undertaking of bail to appear at the Children's Court at [venue] on the following conditions

[insert details]

Date

*Registrar/*Judge/*Magistrate

*Delete if not applicable

FORM 20—CHILDREN'S COURT REMAND WARRANT

Rule 5.02(3)

Children, Youth and Families Act 2005

(Section 419)

FORM 20

CHILDREN'S COURT REMAND WARRANT

Court Ref.:

Name of *accused/*or witness

Gender:

Date of birth

Address

The accused (or witness) has been *remanded in custody/*returned to the custody of the Secretary to the Department of Justice and Community Safety.

The proceeding has been adjourned and the accused (or witness) is to be brought before the Children's Court at [venue] at [time] on [date].

The accused has been committed to stand trial.

The accused was charged with

[list offences]

The charge-sheet was filed by

Agency and address

Telephone

The charge-sheet is filed

*at the Children's Court at [venue]

*with the Bail Justice making this order.

AUTHORITY AND DIRECTIONS

If a child is remanded in custody

To [name of police officer] or [all police officers]

or the Secretary to the Department of Justice and Community Safety or [insert details]

You must take and safely convey the child named in this warrant to

*a remand centre

*other (only in prescribed regions). Specify place where child is to be placed [insert details]

and deliver the child to the officer in charge of that facility.

If an adult is remanded in custody

To [name of police officer] or [all police officers]

or all prison officers

You must take and safely convey the person named in this warrant to

*a prison      *a police gaol      *a youth justice centre

and deliver the person to the officer in charge of that facility.

To the Secretary to the Department of Justice and Community Safety or to the Chief Commissioner of Police (as the case may be), or any other person into whose custody the person is transferred.

You must receive the person named in this warrant into custody and safely keep that person

*for the period specified, or in the circumstances described, in this warrant;

OR

*until that person is otherwise removed or discharged from custody by due course of law.

ENDORSEMENTS

The accused or the witness did not apply for bail.

I certify that the accused's or witness's bail application was refused. The reasons for my refusal are

[insert reasons]

I certify that bail was granted and the accused or the witness is to be released from custody when they sign an undertaking with the conditions which are endorsed below

[insert conditions]

The accused or witness was legally represented by

[insert details]

Signed at

Date

*Registrar/*Judge/*Magistrate/*Bail Justice

*Delete if not applicable

FORM 21—AFFIDAVIT OF SERVICE

Rule 6.02(a)

Children, Youth and Families Act 2005

Criminal Procedure Act 2009

FORM 21

AFFIDAVIT OF SERVICE

*SERVICE OPTIONS UNDER THE CHILDREN, YOUTH AND FAMILIES ACT 2005

I, [full name] of [address], [occupation]

*make oath and say

*affirm and say

1. I served a copy of the [describe document] on [name of person served] who is the [capacity e.g. mother/father/child] on [date] at [time] *a.m./*p.m. by:

*delivering it to the person personally at [address].

*leaving it for the person at [address], being that person's last known place of *residence/*business, with a person who apparently resided or worked there and who apparently was not less than 16 years of age.

*posting it by *prepaid ordinary post/*registered post in an envelope addressed to the person at [address of person served], being that person's last known place of *residence/*business. I obtained this address from [specify].

*delivering it to the person by electronic communication that was confirmed as having been received by the person: [describe means of electronic communication and electronic address to which electronic communication was sent].

*posting it by registered post, in an envelope addressed to the person's authorised legal representative, to the legal representative's place of business at [address of place of business].

*leaving it for the person at [address of place of business of person's authorised legal representative], being the place of business of the person's authorised legal representative, with a person who apparently worked there and who apparently was not less than 16 years of age.

*delivering it to the person's authorised legal representative personally, in an envelope addressed to that legal representative.

*delivering it to the person's authorised legal representative by electronic communication that was confirmed as having been received by the legal representative: [describe means of electronic communication and electronic address to which electronic communication was sent].

*other [specify].

2. [Repeat for any other persons served].

The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*Sworn/*Affirmed at [place] in the State of Victoria

on [date]

[Signature of person swearing or affirming the affidavit contents, to be signed in the presence of the authorised affidavit taker]



Before me,

[Signature of authorised affidavit taker]

on [date]

[Full name, statement of capacity in which the authorised affidavit taker has authority to take the affidavit, and personal or professional address in legible writing, typing or stamp]

A person authorised under Part 3 of the Oaths and Affirmations Act 2018 to take an affidavit.

*Delete if not applicable

*SERVICE OPTIONS UNDER THE CRIMINAL PROCEDURE ACT 2009

I, [full name] of [address], [occupation]

*make oath and say

*affirm and say

I served a copy of the [describe document] on [name of person served] who is the [capacity e.g. mother/father/child] on [date] at [time] *a.m./*p.m. in accordance with section 391, 392 or 394 of the Criminal Procedure Act 2009 by:

Personal service

*personal service by [insert details under section 391(2)(a), (b) or (c) of that Act] at [insert address].

*personal service under section 391(3) of that Act where the person being served is in detention by sending a copy of the document by registered post to [insert name] at [insert address].

*personal service on a legal practitioner under [insert details under section 391(4)(a), (b) or (c) of that Act] at [insert address].

Service on the informant/DPP

*serving on the informant under section [insert details under section 392(2)(a), (b), (c), (d) or (e) of that Act] at [insert address if appropriate].

*serving on the DPP under section [insert details under section 392(3)(a), (b), (c), (d), (da), (e) or (f) of that Act] at [insert address if appropriate].

The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

Ordinary service

*ordinary service under section 394(1)(a) of that Act by sending a copy of the document by prepaid ordinary post addressed to the person to be served at the last known place of residence or business at [insert address].

*ordinary service under section 394(1)(b) of that Act by sending a copy of the document by prepaid ordinary post addressed to the legal practitioner at [insert address].

*ordinary service under section 394(1)(c) of that Act by [insert details of service] which was agreed by the parties.

*other [specify].

The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*Sworn/*Affirmed at [place] in the State of Victoria

on [date]

[Signature of person swearing or affirming the affidavit contents, to be signed in the presence of the authorised affidavit taker]



Before me,

[Signature of authorised affidavit taker]

on [date]

[Full name, statement of capacity in which the authorised affidavit taker has authority to take the affidavit, and personal or professional address in legible writing, typing or stamp]

A person authorised under Part 3 of the Oaths and Affirmations Act 2018 to take an affidavit.

*Delete if not applicable

FORM 22—DECLARATION OF SERVICE

Rule 6.02(b)

Children, Youth and Families Act 2005

Criminal Procedure Act 2009

FORM 22

DECLARATION OF SERVICE

*SERVICE OPTIONS UNDER THE CHILDREN, YOUTH AND FAMILIES ACT 2005

I, [full name] of [address], [occupation], declare that:

1. I served a copy of the [describe document] on [name of person served] who is the [capacity e.g. mother/father/child] on [date] at [time] *a.m./*p.m. by:

*delivering it to the person personally at [address].

*leaving it for the person at [address], being that person's last known place of *residence/*business, with a person who apparently resided or worked there and who apparently was not less than 16 years of age.

*posting it by *prepaid ordinary post/*registered post in an envelope addressed to the person at [address of person served], being that person's last known place of *residence/*business. I obtained this address from [specify].

*delivering it to the person by electronic communication that was confirmed as having been received by the person: [describe means of electronic communication and electronic address to which electronic communication was sent].

*posting it by registered post, in an envelope addressed to the person's authorised legal representative, to the legal representative's place of business at [address of place of business].

*leaving it for the person at [address of place of business of person's authorised legal representative], being the place of business of the person's authorised legal representative, with a person who apparently worked there and who apparently was not less than 16 years of age.

*delivering it to the person's authorised legal representative personally, in an envelope addressed to that legal representative.

*delivering it to the person's authorised legal representative by electronic communication that was confirmed as having been received by the legal representative: [describe means of electronic communication and electronic address to which electronic communication was sent].

*other [specify].

2. [Repeat for any other persons served].

I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

[Signature of person making this statutory declaration in the presence of the authorised statutory declaration witness]

Declared at [place] in the State of Victoria

on [date]

I am an authorised statutory declaration witness and I sign this document in the presence of the person making the declaration:

[Signature of authorised statutory declaration witness]

on [date]

[Full name, qualification as authorised statutory declaration witness and personal or professional address of authorised statutory declaration witness in legible writing, typing or stamp]

A person authorised under Part 4 of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*Delete if not applicable

*SERVICE OPTIONS UNDER THE CRIMINAL PROCEDURE ACT 2009

I, [full name] of [address], [occupation] declare that I served a copy of the [describe document] on [name of person served] who is the [capacity e.g. mother/father/child] on [date] at [time] *a.m./*p.m. in accordance with section 391, 392 or 394 of the Criminal Procedure Act 2009 by:

Personal service

*personal service by [insert details under section 391(2)(a), (b) or (c) of that Act] at [insert address].

*personal service under section 391(3) of that Act where the person being served is in detention by sending a copy of the document by registered post to [insert name] at [insert address].

*personal service on a legal practitioner under [insert details under section 391(4)(a), (b) or (c) of that Act] at [insert address].

Service on the informant/DPP

*serving on the informant under section [insert details under section 392(2)(a), (b), (c), (d) or (e) of that Act] at [insert address if appropriate].

*serving on the DPP under section [insert details under section 392(3)(a), (b), (c), (d), (da), (e) or (f) of that Act] at [insert address if appropriate].

I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

Ordinary service

*ordinary service under section 394(1)(a) of that Act by sending a copy of the document by prepaid ordinary post addressed to the person to be served at the last known place of residence or business at [insert address].

*ordinary service under section 394(1)(b) of that Act by sending a copy of the document by prepaid ordinary post addressed to the legal practitioner at [insert address].

*ordinary service under section 394(1)(c) of that Act by [insert details of service] which was agreed by the parties.

*other [specify].

I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

[Signature of person making this statutory declaration in the presence of the authorised statutory declaration witness]

Declared at [place] in the State of Victoria

on [date]

I am an authorised statutory declaration witness and I sign this document in the presence of the person making the declaration:

[Signature of authorised statutory declaration witness]

on [date]

[Full name, qualification as authorised statutory declaration witness and personal or professional address of authorised statutory declaration witness in legible writing, typing or stamp]

A person authorised under Part 4 of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*Delete if not applicable

Dated:   18 December 2019

AMANDA J. CHAMBERS,


President, Children's Court of Victoria

JENNIFER BOWLES,
Magistrate, Children's Court of Victoria

KIM M. W. PARKINSON,
Magistrate, Children's Court of Victoria

═════════════


ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Children's Court Criminal Procedure Rules 2019, S.R. No. 161/2019 were made on 18 December 2019 by the President of the Children's Court together with 2 magistrates for that Court jointly under section 588(1A) of the Children, Youth and Families Act 2005, No. 96/2005 and section 419 of the Criminal Procedure Act 2009, No. 7/2009 and all other enabling powers and came into operation on 22 December 2019: rule 1.03.

The Children's Court Criminal Procedure Rules 2019 will sunset 10 years after the day of making on 18 December 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Children's Court Criminal Procedure Rules 2019 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Children's Court Criminal Procedure Amendment Rules 2020, S.R. No. 85/2020

Date of Making: 21.8.20
Date of Commencement: 21.8.20

Children's Court Criminal Procedure, (Family Violence Protection) and
(Personal Safety Intervention Orders) Amendment Rules 2020, S.R. No. 127/2020

Date of Making: 16.11.20
Date of Commencement: Rules 4–9 on 17.11.20: rule 3

Children, Youth and Families (Children's Court Family Division) and Children's Court Criminal Procedure Amendment Rules 2022, S.R. No. 100/2022

Date of Making: 27.9.22
Date of Commencement: Rules 49–51 on 1.10.22: rule 3

Children, Youth and Families (Children's Court Family Division) and Children's Court Criminal Procedure Amendment Rules 2024, S.R. No. 20/2024

Date of Making: 26.3.24
Date of Commencement: Rule 50 on 28.3.24: rule 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details


[1] Rule 1.03A(a): S.R. No. 189/2009 as amended by S.R. Nos 70/2018 and 186/2018.

[2] Rule 1.03A(b): S.R. No. 70/2018.

[3] Rule 1.03A(c): S.R. No. 186/2018.

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