Children, Youth and Families (Children's Court Judicial Registrars) and (Children's Court Family Division) Amendment Rules 2023 (Vic)

Children, Youth and Families (Children's Court Judicial Registrars) and (Children's Court Family Division) Amendment Rules 2023

S.R. No. 70/2023

table of provisions

Rule  Page

Part 1—Preliminary

1Objects

2Authorising provisions

3Commencement

Part 2—Amendment of Children, Youth and Families (Children's Court Judicial Registrars) Rules 2021

4Proceedings and matters that may be dealt with by a judicial registrar, whether or not contested

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

6New Rule 2.07A inserted

7Rule 2.09 revoked

Part 3—Amendment of Children, Youth and Families (Children's Court Family Division) Rules 2017

8Form 39—Children's Court search warrant (emergency care)

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Endnotes

statutory rules 2023

S.R. No. 70/2023

Children, Youth and Families Act 2005

Children, Youth and Families (Children's Court Judicial Registrars) and (Children's Court Family Division) Amendment Rules 2023

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

PART 1—PRELIMINARY

1Objects

The objects of these Rules are—

(a)to amend the Children, Youth and Families (Children's Court Judicial Registrars) Rules 2021 to further provide for powers of judicial registrars with respect to the issue of search warrants and to make other minor amendments; and

(b)to make a consequential amendment to the Children, Youth and Families (Children's Court Family Division) Rules 2017.

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 10 July 2023.

PART 2—AMENDMENT OF CHILDREN, YOUTH AND FAMILIES (CHILDREN'S COURT JUDICIAL REGISTRARS) RULES 2021

4Proceedings and matters that may be dealt with by a judicial registrar, whether or not contested

In Rule 2.03(c) of the Children, Youth and Families (Children's Court Judicial Registrars) Rules 2021[1], for "(warrant," substitute "(warrant".

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

(1)After Rule 2.06(1)(a) of the Children, Youth and Families (Children's Court Judicial Registrars) Rules 2021 insert—

"(ab)the issue of a search warrant under section 237 of the Act to enable the Secretary to exercise the Secretary's powers under a temporary assessment order;

(ac)the issue of a search warrant under section 243(3), 247(1), 261(1), 268(5)(b), 269(3)(b), 270(5)(b) or 313(b) of the Act for the purpose of having a child placed in emergency care;".

(2)After Rule 2.06(1) of the Children, Youth and Families (Children's Court Judicial Registrars) Rules 2021 insert—

"(1A)A judicial registrar may exercise all or any powers of a magistrate referred to in section 241(1), 269(4), 270(6)(b), 314(2) or 598(1) of the Act with respect to the issue of a search warrant for the purpose of having a child placed in emergency care.".

(3)Rule 2.06(2) of the Children, Youth and Families (Children's Court Judicial Registrars) Rules 2021 is revoked.

6New Rule 2.07A inserted

After Rule 2.07 of the Children, Youth and Families (Children's Court Judicial Registrars) Rules 2021 insert—

"2.07A   Further powers of judicial registrars with respect to certain conferences and hearings in the Family Division

In any application or proceeding in the Family Division, the Court constituted by a judicial registrar may—

(a)preside at a judicial resolution conference for the purposes of negotiating a settlement of a dispute; and

Note

Judicial resolution conference is defined in section 3(1) of the Act to mean a resolution process in the Family Division of the Court presided over by the President or a magistrate or a judicial registrar for the purposes of negotiating a settlement of a dispute—

(a)including, but not limited to—

(i)mediation; or

(ii)early neutral evaluation; or

(iii)settlement conference; or

(iv)conciliation;

(b)other than a conciliation conference under section 217 of the Act.

(b)conduct a readiness hearing; and

(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.".

7Rule 2.09 revoked

Rule 2.09 of the Children, Youth and Families (Children's Court Judicial Registrars) Rules 2021 is revoked.

PART 3—AMENDMENT OF CHILDREN, YOUTH AND FAMILIES (CHILDREN'S COURT FAMILY DIVISION) RULES 2017

8Form 39—Children's Court search warrant (emergency care)

In Form 39 of the Children, Youth and Families (Children's Court Family Division) Rules 2017[2], for "*Judge/*Magistrate" substitute "*Judge/*Magistrate/*Judicial registrar".

Dated: 5 July 2023

JACK VANDERSTEEN
President, Children's Court of Victoria

PETER DOTCHIN,
Magistrate, Children's Court of Victoria

KRISTEN ROSE,
Magistrate, Children's Court of Victoria

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ENDNOTES

[1] Rule 4: S.R. No. 22/2021 as amended by S.R. No. 90/2021.

[2] Rule 8: S.R. No. 20/2017 as amended by S.R. Nos 185/2018, 3/2019 and 100/2022.