Children, Youth and Families (Children's Court Judicial Registrars) Amendment Rules 2021 (Vic)

Children, Youth and Families (Children's Court Judicial Registrars) Amendment Rules 2021

S.R. No. 90/2021

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Proceedings and matters in the Family Division that may be dealt with by a judicial registrar, whether or not contested

6Applications in proceeding in the Family Division may be dealt with by a judicial registrar if uncontested

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Endnotes

STATUTORY RULES 2021

S.R. No. 90/2021

Children, Youth and Families Act 2005

Children, Youth and Families (Children's Court Judicial Registrars) Amendment Rules 2021

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 Judicial Registrars) Rules 2021 to further provide for powers of judicial registrars.

2Authorising provisions

These Rules are made under sections 504(8) and 588(1AB) of the Children, Youth and Families Act 2005 and all other enabling powers.

3Commencement

These Rules come into operation on 23 July 2021.

4Principal Rules

In these Rules, the Children, Youth and Families (Children's Court Judicial Registrars) Rules 2021[1] are called the Principal Rules.

5Proceedings and matters in the Family Division that may be dealt with by a judicial registrar, whether or not contested

(1)For Rule 2.06(1)(d) of the Principal Rules substitute—

"(d)a proceeding under the Personal Safety Intervention Orders Act 2010;

(e)a proceeding under the Family Violence Protection Act 2008.".

(2)For Rule 2.06(2)(c) of the Principal Rules substitute—

"(c)conduct a directions hearing; and

(d)conduct a mention hearing or a special mention hearing; and

(e)preside at a return from a conciliation conference.".

6Applications in proceeding in the Family Division may be dealt with by a judicial registrar if uncontested

(1)In Rule 2.07(2) of the Principal Rules—

(a)for "Subject to subrule (3), the" substitute "The";

(b)omit "but must not make a final order".

(2)Rule 2.07(3) and (4) of the Principal Rules are revoked.

Dated:   22 July 2021

JACK VANDERSTEEN
President, Children's Court of Victoria

JANE GIBSON,
Magistrate, Children's Court of Victoria

SHIVA PILLAI,
Magistrate, Children's Court of Victoria

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Endnotes

[1] Rule 4: S.R. No. 22/2021.