Children, Youth and Families (Children's Court Family Division) Amendment (Witness Summons) Rules 2019 (Vic)

Children, Youth and Families (Children's Court Family Division) Amendment (Witness Summons) Rules 2019

S.R. No. 3/2019

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5New Rule 9AA inserted

6Copies and electronic form of documents may be produced

7Disposal of documents and things produced

8Form 41A

9Form 41B

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Endnotes

STATUTORY RULES 2019

S.R. No. 3/2019

Children, Youth and Families Act 2005

Children, Youth and Families (Children's Court Family Division) Amendment (Witness Summons) Rules 2019

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

1Object

The object of these Rules is to amend the Children, Youth and Families (Children's Court Family Division) Rules 2017 to make further amendments to the rules in respect of witness summonses.

2Authorising provisions

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

3Commencement

These Rules come into operation on 1 February 2019.

4Principal Rules

In these Rules, the Children, Youth and Families (Children's Court Family Division) Rules 2017[1] are called the Principal Rules.

5New Rule 9AA inserted

After Rule 9 of the Principal Rules insert—

"9AA   Copy of witness summons to be served on each party

(1)Unless the Court orders otherwise, the issuing party must serve a copy of a witness summons on each party, other than a child, as soon as practicable after the witness summons has been served on the addressee, but it is not necessary that the copy be signed or served personally.

(2)If a child is legally represented in a proceeding, a copy of the witness summons must be served on the child's legal representative, unless the Court orders otherwise.".

6Copies and electronic form of documents may be produced

(1)In Rule 9B(2)(b) of the Principal Rules—

(a)after "electronic form" insert "on a USB or CD-ROM";

(b)in subparagraph (vii), for "format;" substitute "format; or";

(c)subparagraph (viii) is revoked.

(2)For Rule 9B(2)(c) of the Principal Rules substitute—

"(c)in any other appropriate form or format, or on any other appropriate form of storage—

(i)directed or ordered by the Court; or

(ii)in accordance with any relevant practice direction, statement or note.".

7Disposal of documents and things produced

(1)Rule 9H(2) of the Principal Rules is revoked.

(2)In Rule 9H(5) of the Principal Rules, for "the registrar, on the expiry of 4 months from the conclusion of the proceeding," substitute "after the conclusion of the proceeding, the registrar".

8Form 41A

(1)In Note 8 to Form 41A of the Principal Rules, for "memory card or stick" substitute "USB or CD-ROM".

(2)In Note 9 to Form 41A of the Principal Rules—

(a)in paragraph (b)—

(i)for "image format" substitute "image format; or";

(ii)omit "any other format agreed with the issuing party; or".

(b)for paragraph (c) substitute—

"(c)in any other appropriate form or format, or on any other appropriate form of storage—

(i)directed or ordered by the Court; or

(ii)in accordance with any relevant practice direction, statement or note.".

(3)In Note 11 to Form 41A of the Principal Rules omit "if the registrar has given the issuing party at least 14 days notice of the intention to return any document or thing produced by you,".

(4)In Note 12 to Form 41A of the Principal Rules omit "4 months from".

(5)In Form 41A of the Principal Rules—

(a)omit "the expiry of 4 months from";

(b)for—

"£  All copied documents
All of the material I am providing in compliance with this witness summons is copies of documents.  I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.

£Some original documents
Some or all of the material I am providing in compliance with this witness summons is an original document.  Once the material is no longer required, all of the material should be returned to me at the following address—" substitute

"All copied documents
All of the material I am providing in compliance with this witness summons is copies of documents and—

£I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me; or

£once the copies are no longer required, they should be returned to me at the following address—

[insert address for return of material].

All or some original documents

£All or some of the material I am providing in compliance with this witness summons is an original document.  Once the material is no longer required, all of the material should be returned to me at the following address—".

9Form 41B

(1)In Note 11 to Form 41B of the Principal Rules, for "memory card or stick" substitute "USB or CD-ROM".

(2)In Note 12 to Form 41B of the Principal Rules—

(a)after "12." insert "A copy of a document may be—";

(b)in paragraph (b)—

(i)for "image format" substitute "image format; or";

(ii)omit "any other format agreed

with the issuing party; or";

(c)for paragraph (c) substitute—

"(c)in any other appropriate form or format, or on any other appropriate form of storage—

(i)directed or ordered by the Court; or

(ii)in accordance with any relevant practice direction, statement or note.".

(3)After Note 13 to Form 41B of the Principal Rules insert—

"Return of documents and things produced

13A.Unless the Court orders otherwise, the registrar may return to you any document or thing produced by you in response to the witness summons.".

(4)In Note 14 to Form 41B of the Principal Rules omit "4 months from".

(5)In Form 41B of the Principal Rules—

(a)omit "the expiry of 4 months from";

(b)for—

"£  All copied documents

All of the material I am providing in compliance with this witness summons is copies of documents.  I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.

£Some original documents
Some or all of the material I am providing in compliance with this witness summons is an original document.  Once the material is no longer required, all of the material should be returned to me at the following address—" substitute

"All copied documents
All of the material I am providing in compliance with this witness summons is copies of documents and—

£I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me; or

£once the copies are no longer required, they should be returned to me at the following address—

[insert address for return of material].

All or some original documents

£All or some of the material I am providing in compliance with this witness summons is an original document.  Once the material is no longer required, all of the material should be returned to me at the following address—".

Dated:    30 January 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

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Endnotes

[1] Rule 4: S.R. No. 20/2017 as amended by S.R. No. 185/2018.