County Court Criminal Procedure Rules 2019 (Vic)
Version No. 008
County Court Criminal Procedure Rules 2019
S.R. No. 126/2019
Version incorporating amendments as at
1 November 2025
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary
1.01Object
1.02Title
1.03Authorising provisions
1.04Commencement
1.05Definitions
1.06Effect of noncompliance
1.06.1Irregular documents and documents containing scandalous matter
1.07Legal practitioner to notify that legal practitioner acts
1.07.1Notifications under Rule 1.07 in proceeding that comes from Magistrates' Court or Children's Court
1.08General applications
1.08.1Filed documents not open for inspection
1.09Subpoenas
1.09.1Subpoenas under Trans-Tasman Proceedings Act 2010 of the Commonwealth
1.10Service of summons
1.11Service generally
1.12Orders must be recorded
1.13Application of Rules to the Commonwealth DPP
1.14Application of Chapter I
1.15Revocation
Order 2—Trial on indictment
2.01Definition
2.01.1Application of this Order
2.02Filing an indictment
2.03Notice to accompany copy indictment—no legal practitioner representing accused
2.04Summons or warrant when direct indictment filed
2.05Notice of discontinuance
2.06Pre-trial conferences and directions hearings
2.07Notice of alibi
2.08Application for order for taking evidence from a witness before trial
2.09Recording of date of arraignment
2.10Notice of intention to plead guilty to remaining charges in indictment
2.11Transfer of charge for unrelated summary offence
2.12Interlocutory appeals
Order 2A—Judicial registrars
Part 1—Preliminary
2A.1Definitions
Part 2—Powers under the Criminal Procedure Act 2009
Division 1—Trials
2A.2Pre-trial hearings
2A.3Restrictions relating to bail and remand at pre-trial hearings
2A.4Hearings during trial
Division 2—Appeals
Subdivision 1—Preliminary hearings at which a judicial registrar may constitute the Court
2A.5Appeal by offender
2A.6Appeal by DPP against sentence
2A.7Appeal by DPP—failure to fulfil undertaking
Subdivision 2—Striking out appeals and withdrawing charges
2A.7AAppeal by offender—striking out appeal on repeated failure to appear
2A.7BAppeal by offender—striking out appeal if appellant expresses a wish to abandon it during preliminary hearing
2A.7CAppeal by offender or DPP—withdrawal of charges on appeal
Subdivision 3—Leave to appeal and costs
2A.7DApplication for leave to appeal
2A.8Costs
Division 3—Criminal proceedings generally
2A.9Excusing attendance and adjourning proceedings
Part 3—Powers under other Acts
2A.10Appeal Costs Act 1998—indemnity certificates
2A.11Bail Act 1977
2A.12Children, Youth and Families Act 2005—appeal by offender
2A.13Children, Youth and Families Act 2005—appeal by DPP against sentence
2A.14Children, Youth and Families Act 2005—appeal by DPP—failure to fulfil undertaking
2A.14AChildren, Youth and Families Act 2005—appeal by offender—striking out appeal on repeated failure to appear
2A.14BChildren, Youth and Families Act 2005—appeal by offender—striking out appeal if appellant expresses a wish to abandon it during preliminary hearing
2A.14CChildren, Youth and Families Act 2005—appeal by offender or DPP—withdrawal of charges on appeal
2A.14DChildren, Youth and Families Act 2005—application for leave to appeal
2A.15Children, Youth and Families Act 2005—bringing accused or appellant before the Court
2A.16Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
2A.17Evidence (Miscellaneous Provisions) Act 1958
2A.18Family Violence Protection Act 2008—appeals
2A.19Open Courts Act 2013—proceedings to which these Rules relate
2A.20Open Courts Act 2013—criminal proceedings only
2A.21Personal Safety Intervention Orders Act 2010—appeals
Part 4—Powers under statutory rules
2A.21AThese Rules—Rule 1.06.1
2A.21BThese Rules—Order 2B
2A.22Chapter I of the Rules of the County Court—subpoenas
2A.23Regulations under the Corrections Act 1986—bringing accused or appellant before the Court
Part 5—Referral by Court constituted by Judge
2A.24Referral to judicial registrar
2A.25Judicial registrar may constitute the Court on a referral
2A.26Delegation of powers to judicial registrar on a referral
2A.27Referral back to Court constituted by Judge
Part 6—Miscellaneous
2A.28Exercise of powers without oral hearing
2A.29Review by Judge of judicial registrar determinations
2A.30Judicial registrar may act for another
Order 2B—Interpreters
2B.01Definitions
2B.02Application of this Order
2B.03When interpreters may be engaged
2B.04Who may act as an interpreter
2B.05Functions of interpreters
2B.06Code of Conduct
2B.07Translated evidence
2B.08Court may give directions concerning interpreters
Order 3—Appeals to County Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009
3.01Definition
3.01.1Application of this Order
3.02Notice of appeal by offender
3.03Appeals by DPP against sentence or failure to fulfil undertaking
3.04Registrar to fix date or hearing of appeal
3.05Abandonment of appeal
3.06Written notice of abandonment of appeal—conviction only
3.07Application to set aside an order striking out appeal for failure to appear
3.08Recording and notification of result of appeal
Order 4—Appeals to County Court from Children's Court
4.01Application of this Order
4.02Notice of appeal by offender
4.03Appeals by DPP against sentence
4.03.1Appeals by DPP, Attorney-General or Secretary under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
4.04Registrar to fix date or hearing of appeal
4.05Abandonment of appeal
4.06Written notice of abandonment of appeal—conviction only
4.07Application to set aside an order striking out appeal for failure to appear
4.08Recording and notification of result of appeal
Order 5—Fine enforcement
Part 1—Sentencing Act 1991
5.01Proper officer
5.02Application
5.03Stay of enforcement or execution
5.04Consideration of application
5.05Order and notice
5.06Enforcement of fine against a natural person
5.07Enforcement of fine against body corporate
5.08Bail—undertaking to attend
5.09Warrant of commitment
Part 2—Sheriff Act 2009
5.10Application for reinstatement of certain money warrants
5.11Filing and service of summons
Order 5A—Evidence (Miscellaneous Provisions) Act 1958
5A.01Application of Order
5A.02Form of notice of application for leave
5A.03Form of notice to protected person
5A.04Declaration by proposed recipient of subpoena
5A.05Disposal of documents produced by proposed recipient of subpoena
Order 6—Major Crime (Investigative Powers) Act 2004
6.01Definition
6.02Application to determine legal professional privilege
6.03Warrant for arrest
6.04Filing for documents
Order 7—Identity crime
7.01Identity crime certificate
7.02Notice to prosecutor to assist
Order 8—Community correction orders
8.01Application to deal with community correction order under section 48M of the Sentencing Act 1991
8.02Application for review of direction by Secretary under Division 3 of Part 3C of the Sentencing Act 1991
Order 9—Open Courts Act 2013
9.01Definitions
9.02Notice of application for suppression order
Order 10—Sex Offenders Registration Act 2004
10.01Definitions
10.02Application for registration exemption order
Order 11—Serious Offenders Act 2018
11.01Definition
11.02Application of Order
11.03Application for supervision order and renewal of supervision order
11.04Supervision order
11.05Notice of application for declaration that a condition is a restrictive condition
11.06Notice of application to extend intensive treatment and supervision condition
11.07Notice of application for interim supervision order and extension of interim supervision order
11.08Interim supervision order and order extending interim supervision order
11.09Notice of application for review of orders
11.10Application for leave to review supervision order
11.11Notice of application for review of conditions of supervision order or interim supervision order
11.12Notice of application for review of intensive treatment and supervision condition
11.13Order for a person to attend for examination
11.14Notice of intention to dispute report
11.15Filing of documents
Order 12—Procedure under the Vexatious Proceedings Act 2014
12.01Definitions
12.02Application for leave to proceed under limited litigation restraint order
12.03Application for leave to proceed under extended litigation restraint order
12.04Application for leave to proceed under general litigation restraint order
12.05Notice of application for leave to proceed
Form 1A—Notice that legal practitioner acts
Form 1B—Notice that legal practitioner has ceased to act
Form 1C—General application
Form 1D—Subpoena to attend to give evidence
Form 1E—Subpoena to produce
Form 1EA—Subpoena both to attend to give evidence and to produce
Form 1F—Subpoena to give evidence (New Zealand)
Form 1G—Subpoena to produce documents (New Zealand)
Form 1H—Subpoena to give evidence and produce documents (New Zealand)
Form 1I—Short service order—subpoena
Form 2A—Notice to accused under section 171 of the Criminal Procedure Act 2009
Form 2B—Summons
Form 2C—Warrant to arrest
Form 2D—Notice of alibi
Form 2E—Application for order to take evidence from a witness before trial
Form 2F—Notice of intention to plead guilty to one or more remaining charges in indictment
Form 2G—Application to transfer summary offence that is not a related summary offence
Form 2H—Request for certificate for interlocutory appeal
Form 2I—Court interpreters' Code of Conduct
Form 3A—Notice of appeal
Form 3B—Information for appellant
Form 3C—Notice of appeal by DPP against *sentence imposed by Magistrates' Court/*failure of person to fulfil undertaking
Form 3D—Notice of abandonment of appeal
Form 3E—Written notice of abandonment of appeal—conviction only
Form 3F—Application to set aside order striking out appeal for failure to appear
Form 4A—Notice of appeal against decision of Children's Court
Form 4B—Notice of appeal by DPP against sentence imposed by Children's Court
Form 4BA—Notice of appeal against orders under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 imposed by Children's Court
Form 4C—Notice of abandonment of appeal against decision of Children's Court
Form 4D—Written notice of abandonment of appeal—conviction only—section 430C(3) of the Children, Youth and Families Act 2005
Form 4E—Application to set aside order striking out appeal for failure to appear
Form 5A—Application for instalment order and other orders
Form 5AB—Application for variation or cancellation of instalment order or time to pay order
Form 5B—Fine conversion order under Sentencing Act 1991
Form 5BA—Fine default unpaid community work order under Sentencing Act 1991
Form 5C—Notice about the procedure for enforcement of fines
Form 5CA—Application to vary fine conversion order or fine default unpaid community work order
Form 5D—Warrant to arrest for failure to pay fine
Form 5E—Summons for failure to pay fine
Form 5F—Notice about the procedure for enforcement of fines
Form 5G—Warrant of commitment
Form 5H—Summons—application under section 28 of the Sheriff Act 2009
Form 5BB—Notice of intention to apply under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958
Form 5BC—Notice to protected person of application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958
Form 5BD—Declaration by proposed recipient of the subpoena—physical production
Form 6A—Application to determine legal professional privilege
Form 6B—Warrant for arrest of witness
Form 7A—Identity crime certificate
Form 7B—Notice to appear under section 89H of the Sentencing Act 1991
Form 8A—Application under section 48N(1) of the Sentencing Act 1991
Form 8B—Application under section 83AY of the Sentencing Act 1991 for review of a decision of the Secretary
Form 9A—Notice of application for suppression order
Form 10A—Application for registration exemption order
Form 11A—Notice of application for supervision order
Form 11B—Notice of application for renewal of supervision order
Form 11C—Supervision order
Form 11D—Notice of application for declaration that condition is a restrictive condition
Form 11E—Notice of application for extension of an intensive treatment and supervision condition
Form 11F—Notice of application for interim supervision order
Form 11G—Notice of application for extension of interim supervision order
Form 11H—Interim supervision order
Form 11I—Order extending interim supervision order
Form 11J—Notice of application by Secretary for review of supervision order
Form 11K—Notice of application for leave to apply for review of supervision order
Form 11L—Notice of application for review of supervision order on ground of statutory amendments to core conditions
Form 11M—Notice of application for leave to apply for review of conditions of supervision order or interim supervision order
Form 11N—Notice of application by Secretary for review of intensive treatment and supervision condition
Form 11O—Order to attend for examination
Form 11P—Notice of intention to dispute assessment, progress report or other report to Court
Form 12A—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order
Form 12B—Application for leave to continue proceeding by person subject to extended litigation restraint order
Form 12C—Application for leave to commence proceeding by person subject to extended litigation restraint order
Form 12D—Application for leave to continue proceeding by person subject to general litigation restraint order
Form 12E—Application for leave to commence proceeding by person subject to general litigation restraint order
Form 12F—Notice of application for leave to proceed
Schedule 1—Revoked Statutory Rules
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 008
County Court Criminal Procedure Rules 2019
S.R. No. 126/2019
Version incorporating amendments as at
1 November 2025
A majority of the Judges of the County Court makes the following Rules:
ORDER 1—PRELIMINARY
1.01Object
The object of these Rules is to provide for the practice and procedure for matters in the County Court that are of a criminal, quasi-criminal or related nature.
1.02Title
These Rules may be cited as the County Court Criminal Procedure Rules 2019 and constitute Chapter III of the Rules of the County Court.
1.03Authorising provisions
These Rules are made under the Criminal Procedure Act 2009, section 78 of the County Court Act 1958, the Children, Youth and Families Act 2005 and all other enabling powers.
1.04Commencement
These Rules come into operation on 16 December 2019.
1.05Definitions
In these Rules—
accused means a person—
(a)who has been committed to the County Court for trial or directed to be tried at the County Court under section 167 of the Criminal Procedure Act 2009; or
(b)in respect of whom a direct indictment has been filed in the County Court;
appellant includes where an appellant is a child under the age of 15 years—
(a)the child's parent; or
(b)in the absence of the parent, the Secretary to the Department of Health and Human Services;
Chapter I means the County Court Civil Procedure Rules 2018[1];
DPP means the Director of Public Prosecutions for Victoria;
Note
For the application of these Rules to the Director of Public Prosecutions for the Commonwealth, see Rule 1.13.
eCase has the same meaning as in Rule 1.13(1) of Chapter I;
legal practitioner—
(a)means the legal practitioner (as defined in section 3 of the Criminal Procedure Act 2009) who acts for the accused; and
(b)does not include a barrister (except where these Rules expressly provide otherwise);
offender means a person who has been sentenced by the Court;
person in default means an offender who has failed to pay a fine or an instalment under an instalment order and includes a director of a body corporate who is the subject of a declaration under section 55(1) of the Sentencing Act 1991.
1.06Effect of noncompliance
(1)A failure to comply with these Rules is an irregularity and does not render a proceeding or step taken, or any document, judgment or order in a proceeding a nullity.
(2)The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.
1.06.1 Irregular documents and documents containing scandalous matter
(1)Where a document for use in the Court is not prepared in accordance with these Rules or any order of the Court—
(a)the Registrar may refuse to accept it for filing without the direction of the Court;
(b)the Court may order that the party responsible shall not be entitled to rely upon it in any manner in the proceeding until a document which is duly prepared is made available.
(2)The Court may direct the Registrar to accept a document for filing.
(3)Where a document for use in the Court contains scandalous, irrelevant or otherwise oppressive material, the Court may order—
(a)that the material be struck out; or
(b)if the document has been filed, that it be taken off the file.
1.07Legal practitioner to notify that legal practitioner acts
(1)A legal practitioner who commences to act for an accused or an appellant must as soon as possible after commencing so to act—
(a)file with the Registrar a notice in Form 1A; and
(b)serve a copy of the notice on all other parties to the criminal proceeding.
Note
Rule 1.07.1 sets out how paragraph (1) applies in criminal proceedings that come to the County Court on appeal from the Magistrates' Court or the Children's Court, or following a committal proceeding.
(2)A legal practitioner who ceases to act for an accused or an appellant must as soon as possible after so ceasing to act—
(a)file with the Registrar a notice in Form 1B; and
(b)serve a copy of the notice on all other parties to the criminal proceeding.
Note
See also section 249 of the Criminal Procedure Act 2009.
1.07.1 Notifications under Rule 1.07 in proceeding that comes from Magistrates' Court or Children's Court
(1)For the purposes of Rule 1.07(1), a legal practitioner who—
(a)acted for an appellant in a criminal proceeding in the Magistrates' Court or the Children's Court; and
(b)continues to act for the appellant when the proceeding comes to the County Court on appeal—
is taken to commence to act for the appellant when the proceeding comes to be in the County Court.
Note
Rule 1.07(1) requires the legal practitioner to file a notice in Form 1A in these circumstances.
(2)For the purposes of Rule 1.07(1), a legal practitioner who—
(a)acted for an accused in a committal proceeding;
(b)filed a notice of appearance in the Magistrates' Court in relation to that proceeding; and
(c)continues to act for the accused when the criminal proceeding comes to be in the County Court following the committal proceeding—
is taken not to commence to act for the accused when the proceeding comes to be in the County Court.
Note
Rule 1.07(1) does not require the legal practitioner to file a notice in Form 1A in these circumstances.
1.08General applications
If a party to a proceeding to which these Rules relate intends to make an application and there is no form prescribed by any Rules or by or under any Act for such an application, a general application in Form 1C may be used.
1.08.1 Filed documents not open for inspection
Subject to Rule 6.04(b), a document filed in a proceeding to which these Rules relate is not open for inspection unless the Court or the Registrar so directs.
Note
Rule 6.04(b) makes special provision in relation to documents filed in relation to applications under the Major Crime (Investigative Powers) Act 2004.
1.09Subpoenas
(1)Subject to this Rule and Rule 1.09.1, Order 42 of Chapter I applies with any necessary modification to any proceeding to which these Rules relate.
(1A)In a proceeding to which these Rules relate a subpoena shall be in accordance with—
(a)Form 1D, for a subpoena to attend to give evidence;
(b)Form 1E, for a subpoena to produce; or
(c)Form 1EA, for a subpoena both to attend to give evidence and to produce.
(1B)An addressee need not comply with the requirement of a subpoena to attend to give evidence (a subpoena in Form 1D) or a subpoena both to attend to give evidence and to produce (a subpoena in Form 1EA) unless conduct money has been provided or tendered to the addressee a reasonable time before the day on which attendance is required.
(1C)In a proceeding to which these Rules relate, an order fixing a time as described in Rule 42.03(8)(a) of Chapter I shall be in accordance with Form 1I.
Note
Rule 42.03(8) of Chapter I relates to the last date for service of a subpoena. That is ordinarily the date falling 5 days before the earliest date on which an addressee is required to comply with it. However, Rule 42.03(8)(a) provides for the Court to fix a different last date for service of a subpoena.
(2)Leave of the Court is required to view all documents and things returned on a subpoena in any proceeding to which these Rules relate.
(3)A subpoena in a proceeding to which these Rules relate shall be served personally by giving a copy of the subpoena to the person to be served.
(4)The addressee of a subpoena which is in accordance with Form 1E or Form 1EA must complete the declaration by the addressee provided for in the subpoena if leave is granted by the Court or Registrar for physical production of the documents.
(5)The completed declaration must be included in the subpoena or copy of the subpoena which accompanies the documents physically produced under the subpoena.
(6)Subject to paragraph (7), the Registrar may, upon the expiry of four months from the conclusion of a proceeding, cause to be destroyed all—
(a)the electronic copies of documents produced in compliance with a subpoena; or
(b)the documents physically produced in response to a subpoena and which were declared by the addressee to be copies.
(7)The Registrar may cause to be destroyed the electronic copies and documents referred to in paragraph (6) which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.
1.09.1 Subpoenas under Trans-Tasman Proceedings Act 2010 of the Commonwealth
(1)Order 7A of Chapter I applies with any necessary modification to a proceeding to which—
(a)these Rules relate; and
(b)the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies.
(2)A subpoena in a proceeding referred to in paragraph (1) shall be in accordance with—
(a)Form 1F, for a subpoena to give evidence;
(b)Form 1G, for a subpoena to produce documents; or
(c)Form 1H, for a subpoena to give evidence and produce documents.
(3)A subpoena in a proceeding referred to in paragraph (1) shall be served personally by giving a copy of the subpoena to the person to be served.
1.10Service of summons
A summons in a proceeding to which these Rules relate shall be served personally in accordance with section 391 (other than subsection (2)(c)) of the Criminal Procedure Act 2009.
1.11Service generally
Subject to Rules 1.09(3), 1.09.1(3) and 1.10, any document that is required to be served under these Rules is to be served in accordance with Part 8.3 of Chapter 8 of the Criminal Procedure Act 2009.
1.12Orders must be recorded
Orders in proceedings to which these Rules relate must be recorded in a manner directed by the Chief Judge.
1.13Application of Rules to the Commonwealth DPP
These Rules apply, with any necessary modification, to the Director of Public Prosecutions for the Commonwealth in the same manner as the Rules apply to the DPP.
1.14Application of Chapter I
(1)This Rule applies if a matter arises in a proceeding to which these Rules relate and—
(a)these Rules do not provide for that matter; but
(b)Chapter I provides for that matter in relation to civil proceedings.
(2)The Court may order that the provisions of Chapter I that provide for that matter in civil proceedings are to apply to that matter in the proceeding to which these Rules relate with any necessary modifications.
1.15Revocation
The Rules set out in Schedule 1 are revoked.
ORDER 2—TRIAL ON INDICTMENT
2.01Definition
In this Order—
the Act means the Criminal Procedure Act 2009.
2.01.1 Application of this Order
This Order applies to any criminal proceeding in the Court referred to in section 158 of the Act.
2.02Filing an indictment
For the purposes of section 159(1) of the Act, an indictment is filed—
(a)when it is provided to a Judge in open court; or
(b)if the indictment is sent to the Court electronically, when it is received by the Court's information system known as the eLodgement portal.
2.03Notice to accompany copy indictment—no legal practitioner representing accused
For the purposes of section 171(1)(b) of the Act, the form of notice is Form 2A.
2.04Summons or warrant when direct indictment filed
(1)A summons under section 174(2)(a) of the Act must be in Form 2B.
(2)A warrant to arrest under section 174(2)(b) of the Act must be in Form 2C.
(3)An application for a summons or warrant to arrest under section 174(1) of the Act must be made at the time of filing the direct indictment to which the application relates, unless the circumstances of the case require a later application.
(4)A summons or warrant to arrest under section 174(2)(a) or (b) of the Act must be issued by a Judge.
2.05Notice of discontinuance
(1)A notice of discontinuance under section 177(1)(b) of the Act is filed when it is provided to a Judge in open court.
(2)A notice of discontinuance under section 177(4) of the Act is filed when it is provided to the Registrar.
2.06Pre-trial conferences and directions hearings
Nothing said by or on behalf of an accused, and no failure by an accused to answer a question, at a directions hearing or a pre-trial conference may be used in any subsequent trial or made the subject of any comment at that trial.
2.07Notice of alibi
For the purposes of section 190 of the Act, a notice of alibi must be in Form 2D.
2.08Application for order for taking evidence from a witness before trial
For the purposes of section 198 of the Act, an application for an order that the evidence of a person be taken at a time and place fixed by the Court must be in Form 2E.
2.09Recording of date of arraignment
The date of arraignment of an accused shall be recorded in the records of the Court.
Note
See sections 210, 215 and 217 of the Act.
2.10Notice of intention to plead guilty to remaining charges in indictment
(1)For the purposes of section 216(1)(b) of the Act, notice of intention by the accused to plead guilty to the remaining charges in an indictment shall be in Form 2F.
(2)The accused must sign each remaining charge to which the accused pleads guilty on the copy of the indictment attached to Form 2F.
2.11Transfer of charge for unrelated summary offence
(1)A party seeking to transfer a charge against an accused for a summary offence that is not a related summary offence to the Court under section 243 of the Act must apply to the Court no less than 21 days prior to the day on which the plea hearing is listed.
(2)An application under section 243 of the Act must be in Form 2G.
2.12Interlocutory appeals
(1)A request for certification from a Judge under section 295(3) of the Act must be in Form 2H.
(2)A decision in relation to a certification must be recorded in the records of the Court.
ORDER 2A—JUDICIAL REGISTRARS
Part 1—Preliminary
2A.1Definitions
In this Part—
aggregate sentence means a sentence imposed on an offender in respect of more than one offence;
Examples
1 An aggregate sentence of imprisonment imposed in accordance with section 9(1) of the Sentencing Act 1991.
2 An aggregate sentence of detention imposed in accordance with section 32A of the Sentencing Act 1991 or section 362B of the Children, Youth and Families Act 2005.
3 A community correction order that is made in respect of more than one offence in accordance with section 40 of the Sentencing Act 1991.
4 An aggregate fine imposed in accordance with section 51 of the Sentencing Act 1991 or section 373(b) of the Children, Youth and Families Act 2005.
pre-trial hearing means—
(a)a directions hearing under Division 1 of Part 5.5 of the Criminal Procedure Act 2009; or
(b)a hearing in a criminal proceeding in which—
(i)an accused has been committed for trial under Chapter 4 of that Act; or
(ii)a direct indictment has been filed against an accused—
other than a hearing during trial;
preliminary hearing, in relation to an appeal, means—
(a)if the appeal is to proceed as a rehearing, a hearing in respect of that appeal that occurs before the rehearing commences; and
(b)otherwise, a hearing in respect of that appeal that occurs before the appeal itself has begun to be heard;
Note
Section 260 of the Criminal Procedure Act 2009 and section 429A of the Children, Youth and Families Act 2005 provide for appeals against sentence to be brought if the Director of Public Prosecutions considers that an offender has failed to fulfil an undertaking to assist law enforcement authorities. These appeals must not be conducted as rehearings—see section 262(1) of the Criminal Procedure Act 2009 and section 429C(1) of the Children, Youth and Families Act 2005.
the Act means the Criminal Procedure Act 2009.
Part 2—Powers under the Criminal Procedure Act 2009
Division 1—Trials
2A.2Pre-trial hearings
(1)Subject to this Rule, a judicial registrar may constitute the Court for the purposes of a pre-trial hearing.
(2)A judicial registrar must not constitute the Court for—
(a)a special hearing under Division 6 of Part 8.2 of the Act; or
(b)a sentencing hearing.
(3)When a judicial registrar constitutes the Court at a pre-trial hearing under paragraph (1), all the powers under the Act that the Court would have at such a hearing are delegated to the judicial registrar—
(a)except the powers of the Court referred to in paragraph (4); and
(b)in the case of the powers of the Court under sections 168(4)(b), 331(2) and 413(2)(b) of the Act, subject to the qualifications set out in Rule 2A.3.
Note
Rule 2A.3 qualifies the exercise, by a judicial registrar, of the powers under the Act to grant or extend bail, and to remand an accused in custody.
(4)The following powers of the Court are not delegated to the judicial registrar—
(a)the power of the Court under section 181(2)(i) of the Act to determine any objection relating to the disclosure of information or material by the prosecution;
(b)the power of the Court to, in accordance with section 181(2)(k) of the Act, determine an application under section 208 of the Act for a sentence indication under section 207 of the Act;
(c)the powers of the Court under sections 193(1) and (2) and 195 of the Act to order that certain charges be tried separately;
(d)the power of the Court under section 242(1) and (1A) of the Act to hear and determine a charge for a related summary offence, except as described in paragraph (5);
(e)the powers of the Court under section 243(1) and (1A) of the Act to hear and determine a charge for an unrelated summary offence, except as described in paragraph (5);
(f)the power of the Court to grant leave under section 342 of the Act, except as described in paragraph (6);
(g)the power of the Court under section 387F(1)(b) of the Act to order that a recorded statement referred to in section 387E of the Act is not admissible;
(h)the power of the Court under section 387F(2)(c) of the Act to determine whether the Court is satisfied as described in that paragraph;
(i)the power of the Court under section 387F(4) of the Act to rule as inadmissible the whole or any part of the content of a recorded statement referred to in section 387E of the Act;
(j)the power of the Court under section 387G(2) of the Act to admit as evidence‑in‑chief a recorded statement;
(k)the power of the Court under section 387J(1) of the Act to order that a recorded statement be produced for use;
(l)the power of the Court under section 415 of the Act to direct that a person be tried for perjury;
(m)the power of the Court to impose any sentence.
(5)Nothing in paragraph (4)(d) or (e) prevents the judicial registrar from—
(a)exercising the power of the Court under section 242(1) or (1A) of the Act to determine a charge for a related summary offence by striking out the charge; or
(b)exercising the power of the Court under section 243(1) or (1A) of the Act to determine a charge for an unrelated summary offence by striking out the charge—
if the striking out of the charge is not opposed.
(6)Nothing in paragraph (4)(f) prevents the judicial registrar from exercising the power of the Court to grant leave under section 342 of the Act in respect of—
(a)the taking of evidence (including
cross-examination and re-examination) under section 198 of the Act; or
(b)cross-examination and re-examination under section 198A or 198B of the Act—
at a pre-trial hearing before the Court constituted by a judicial registrar.
2A.3Restrictions relating to bail and remand at pre-trial hearings
(1)This Rule applies to a judicial registrar who is constituting the Court for the purposes of a pre-trial hearing in accordance with Rule 2A.2.
(2)The judicial registrar may exercise the power of the Court under section 168(4)(b) of the Act to remand an accused only if—
(a)there is no application for bail; or
(b)the remanding of the accused is not opposed.
(3)The judicial registrar may exercise the power of the Court under section 168(4)(b) of the Act to grant bail only if the granting of bail is not opposed.
(4)The judicial registrar may exercise the power of the Court under section 331(2)(b) of the Act to remand an accused only if—
(a)there is no application for bail; or
(b)the remanding of the accused is not opposed.
(5)The judicial registrar may exercise the power of the Court under section 331(2)(c) of the Act to grant or extend bail only if the granting or extension of bail is not opposed.
(6)The judicial registrar may exercise the power of the Court under section 413(2)(b) of the Act to remand an accused only if—
(a)there is no application for bail; or
(b)the remanding of the accused is not opposed.
(7)The judicial registrar may exercise the power of the Court under section 413(2)(b) of the Act to grant bail only if the granting of bail is not opposed.
2A.4Hearings during trial
(1)Subject to paragraph (2), a judicial registrar may constitute the Court during a trial for a hearing in respect of a power delegated to the judicial registrar under paragraph (3).
(2)A judicial registrar may constitute the Court under paragraph (1) only with the consent of—
(a)the trial judge;
(b)each accused; and
(c)the prosecution.
(3)The following powers of the Court are delegated to a judicial registrar for exercise during trial—
(a)the power of the Court under section 242(5) of the Act to transfer a proceeding for a related summary offence to the Magistrates' Court for hearing and determination;
(b)the power of the Court under section 243(4) of the Act to direct that a charge for an unrelated summary offence be transferred to the Magistrates' Court for hearing and determination;
(c)the power of the Court to issue a subpoena on an application under section 336 of the Act;
(d)the power of the Court under section 389(2) of the Act to direct that a witness give evidence by audiovisual link;
(e)the power of the Court under section 397 of the Act to make an order for substituted service;
(f)the power of the Court under section 404(1) of the Act to make an order with respect to the costs of and incidental to the trial;
(g)the power of the Court under section 413(1) of the Act to transfer a charge to the appropriate court;
(h)the power of the Court under section 413(2)(b) of the Act to remand an accused, if—
(i)there is no application for bail; or
(ii)the remanding of the accused is not opposed;
(i)the power of the Court under section 413(2)(b) of the Act to grant bail, if the granting of bail is not opposed.
Note
Other Rules in this Order also delegate various powers of the Court to judicial registrars in a way that makes them exercisable during trial. The power may be exercisable during trial because the provision provides for the exercise of that power in a criminal proceeding, or in a proceeding to which these Rules relate, or when a judicial registrar constitutes the Court in accordance with this Order.
Division 2—Appeals
Subdivision 1—Preliminary hearings at which a judicial registrar may constitute the Court
2A.5Appeal by offender
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 254 of the Act.
(2)When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
(3)Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
2A.6Appeal by DPP against sentence
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 257 of the Act.
(2)When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
(3)Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
2A.7Appeal by DPP—failure to fulfil undertaking
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 260 of the Act.
(2)When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
(3)Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
Subdivision 2—Striking out appeals and withdrawing charges
2A.7A Appeal by offender—striking out appeal on repeated failure to appear
(1)If, at a preliminary hearing before the Court constituted by a judicial registrar in an appeal under section 254 of the Act, the appellant fails to appear at the time listed for the hearing—
(a)the power of the Court to strike out the appeal under section 267 of that Act is delegated to the judicial registrar; and
(b)the judicial registrar may constitute the Court for the purpose of exercising that power.
(2)The judicial registrar may exercise the power referred to in paragraph (1)(a) only if the appellant has previously failed to appear at another preliminary hearing in the appeal.
2A.7B Appeal by offender—striking out appeal if appellant expresses a wish to abandon it during preliminary hearing
(1)If, at a preliminary hearing before the Court constituted by a judicial registrar in an appeal under section 254 of the Act, the appellant expresses a wish to abandon the appeal—
(a)the power of the Court to strike out the appeal is delegated to the judicial registrar so that the appeal may be abandoned with the leave of the Court; and
(b)the judicial registrar may constitute the Court for the purpose of granting that leave and exercising that power.
(2)A reference in paragraph (1) to abandoning an appeal or striking out an appeal includes, where the appeal is against conviction and sentence, doing so only in relation to conviction so that an appeal against sentence alone may be pursued.
2A.7C Appeal by offender or DPP—withdrawal of charges on appeal
(1)This Rule applies if the prosecution is to withdraw a charge that is to be heard and determined on an appeal under section 254 or 257 of the Act.
(2)A judicial registrar may constitute the Court for the purposes of the withdrawal of the charge.
(3)Without limiting paragraph (2), a judicial registrar may constitute the Court under that paragraph if the judicial registrar is already constituting the Court for a preliminary hearing in the appeal.
(4)When a judicial registrar constitutes the Court under paragraph (2), all the powers that the Court would have to enable the withdrawal of the charge are delegated to the judicial registrar.
(5)If it is proposed that a charge be withdrawn, and the sentence imposed in respect of that charge is an aggregate sentence, a judicial registrar must not exercise a power for the purposes of the withdrawal of that charge except as provided for by paragraph (6).
(6)If it is proposed to withdraw all the charges in respect of which an aggregate sentence was imposed, a judicial registrar may exercise a power for the purposes of the withdrawal of all of those charges.
(7)If it is proposed that a charge be withdrawn, and the sentence imposed in respect of that charge is not wholly concurrent with another sentence, a judicial registrar must not exercise a power for the purposes of the withdrawal of that charge except as provided for by paragraph (8).
(8)If it is proposed to withdraw all the charges for which the sentences imposed were not wholly concurrent with another sentence, a judicial registrar may exercise a power for the purposes of the withdrawal of all of those charges.
(9)Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (2), to hear and determine the appeal except to the extent that is necessary for a charge to be withdrawn.
Subdivision 3—Leave to appeal and costs
2A.7D Application for leave to appeal
(1)A judicial registrar may constitute the Court for the purposes of an application for leave under section 263(1) of the Act.
(2)When a judicial registrar constitutes the Court under paragraph (1), the power of the Court under section 263(2) of the Act to grant leave to appeal is delegated to the judicial registrar.
(3)A judicial registrar may exercise the power of the Court under section 263(2) of the Act to grant leave to appeal only if the application for leave is not opposed.
(4)Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
2A.8Costs
(1)A judicial registrar may constitute the Court in a criminal proceeding for a hearing in respect of a power delegated under paragraph (2).
(2)The following powers of the Court are delegated to a judicial registrar—
(a)the power under section 406(1) of the Act to order that an appellant pay all or a specified portion of the respondent's costs of an appeal under section 254 that is struck out or dismissed;
(b)the power under section 406(3) of the Act to order that the appellant pay to the respondent any costs that the Court thinks reasonable in respect of an appeal under section 254 or 257 of the Act that either was not prosecuted or was outside the Court's jurisdiction;
(c)the power under section 406(4) of the Act to order that the appellant pay any costs incurred as a result of the breach of an undertaking referred to in section 255(5) or the abandonment of an appeal under section 254;
(d)the power under section 407(3) of the Act to make an order dealing with the respondent's costs of an appeal that is struck out.
Division 3—Criminal proceedings generally
2A.9Excusing attendance and adjourning proceedings
(1)When, in accordance with this Order, a judicial registrar constitutes the Court in a criminal proceeding (whether for the purposes of a pre-trial hearing, during trial, for the purposes of a preliminary hearing or otherwise), the following powers under the Act are delegated to the judicial registrar—
(a)the power of the Court under section 330(3) to excuse a person from attending a hearing;
(b)subject to the qualifications set out in paragraphs (2) and (3), the power of the Court under section 331 to adjourn the hearing of a criminal proceeding.
(2)A judicial registrar may exercise the power of the Court under section 331(2)(b) of the Act to remand an accused only if—
(a)there is no application for bail; or
(b)the remanding of the accused is not opposed.
(3)A judicial registrar may exercise the power of the Court under section 331(2)(c) of the Act to grant or extend bail only if the granting or extension of bail is not opposed.
Part 3—Powers under other Acts
2A.10 Appeal Costs Act 1998—indemnity certificates
(1)Subject to paragraph (2), a judicial registrar may constitute the Court in a criminal proceeding for a hearing in respect of a power delegated by paragraph (3).
(2)A judicial registrar may constitute the Court under paragraph (1) during a trial only with the consent of—
(a)the trial judge;
(b)each accused; and
(c)the prosecution.
(3)The following powers of the Court under the Appeal Costs Act 1998 are delegated to a judicial registrar—
(a)the power to grant an indemnity certificate under section 16(1) of that Act;
(b)the power to grant an indemnity certificate under section 17(1) of that Act.
2A.11 Bail Act 1977
(1)Subject to paragraph (2), a judicial registrar may constitute the Court in a criminal proceeding for a hearing in respect of a power delegated by paragraph (3).
(2)A judicial registrar may constitute the Court under paragraph (1) during a trial only with the consent of—
(a)the trial judge;
(b)each accused; and
(c)the prosecution.
(3)The following powers of the Court under the Bail Act 1977 are delegated to a judicial registrar—
(a)the power under section 5A(1) of that Act to give a direction described in section 5A(1)(c) of that Act and grant bail under section 5A(1)(d)(i), if the application for bail is not opposed;
(b)the power under section 5A(1) of that Act to give a direction described in section 5A(1)(c) of that Act, and to refuse bail and give a direction referred to in section 5A(1)(d)(ii), if—
(i)there is no application for bail; or
(ii)there is an application for bail to be refused, and that application is not opposed;
(c)the power under section 12(3) of that Act to grant bail, if the application for bail is not opposed;
(d)the power under section 12(3) of that Act to refuse bail, if—
(i)there is no application for bail; or
(ii)there is an application for bail to be refused, and that application is not opposed;
(e)the power under section 12B(2)(a) of that Act to remand the accused, if—
(i)there is no application for bail; or
(ii)there is an application for the accused to be remanded, and that application is not opposed;
(f)the power under section 12B(2)(b) of that Act to grant bail, if the granting of bail is not opposed;
(g)the power under section 16(2) of that Act to extend the bail of a person charged, if the application for the extension is not opposed;
(h)the power under section 18AD(a) of that Act to vary the amount of bail or conditions of bail, if the application for the variation is not opposed;
(i)the power under section 18AF(a) of that Act to revoke bail, if the application for revocation is not opposed;
(j)the power under section 19(2) of that Act to remand a person in custody, if—
(i)there is no application for bail; or
(ii)there is an application for the accused to be remanded, and that application is not opposed;
(k)the power under section 19(2) of that Act to require a person to furnish new or additional sureties, if the application to have that requirement imposed is not opposed.
(4)When a judicial registrar constitutes the Court under paragraph (1), the following additional powers under the Bail Act 1977 are delegated to the judicial registrar—
(a)the powers under section 8(3) and (4) of that Act to adjourn the hearing of the proceeding and remand the accused in custody;
(b)the power under section 8(6) of that Act to adjourn the hearing of the proceeding and remand the accused in custody.
Note
Further powers relating to bail are also delegated to judicial registrars by Rule 2A.2.
2A.12 Children, Youth and Families Act 2005—appeal by offender
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 424 of the Children, Youth and Families Act 2005.
(2)When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
(3)Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
2A.13 Children, Youth and Families Act 2005—appeal by DPP against sentence
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 427 of the Children, Youth and Families Act 2005.
(2)When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
(3)Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
2A.14 Children, Youth and Families Act 2005—appeal by DPP—failure to fulfil undertaking
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 429A of the Children, Youth and Families Act 2005.
(2)When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
(3)Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
2A.14A Children, Youth and Families Act 2005—appeal by offender—striking out appeal on repeated failure to appear
(1)If, at a preliminary hearing before the Court constituted by a judicial registrar in an appeal under section 424 of the Children, Youth and Families Act 2005, the appellant fails to appear at the time listed for the hearing—
(a)the power of the Court to strike out the appeal under section 430D of that Act is delegated to the judicial registrar; and
(b)the judicial registrar may constitute the Court for the purpose of exercising that power.
(2)The judicial registrar may exercise the power referred to in paragraph (1)(a) only if the appellant has previously failed to appear at another preliminary hearing in the appeal.
2A.14B Children, Youth and Families Act 2005—appeal by offender—striking out appeal if appellant expresses a wish to abandon it during preliminary hearing
(1)If, at a preliminary hearing before the Court constituted by a judicial registrar in an appeal under section 424 of the Children, Youth and Families Act 2005, the appellant expresses a wish to abandon the appeal—
(a)the power of the Court to strike out the appeal is delegated to the judicial registrar so that the appeal may be abandoned with the leave of the Court; and
(b)the judicial registrar may constitute the Court for the purpose of granting that leave and exercising that power.
(2)A reference in paragraph (1) to abandoning an appeal or striking out an appeal includes, where the appeal is against conviction and sentence, doing so only in relation to conviction so that an appeal against sentence alone may be pursued.
2A.14C Children, Youth and Families Act 2005—appeal by offender or DPP—withdrawal of charges on appeal
(1)This Rule applies if the prosecution is to withdraw a charge that is to be heard and determined on an appeal under section 424 or 427 of the Children, Youth and Families Act 2005.
(2)A judicial registrar may constitute the Court for the purposes of the withdrawal of the charge.
(3)Without limiting paragraph (2), a judicial registrar may constitute the Court under that paragraph if the judicial registrar is already constituting the Court for a preliminary hearing in the appeal.
(4)When a judicial registrar constitutes the Court under paragraph (2), all the powers that the Court would have to enable the withdrawal of the charge are delegated to the judicial registrar.
(5)If it is proposed that a charge be withdrawn, and the sentence imposed in respect of that charge is an aggregate sentence, a judicial registrar must not exercise a power for the purposes of the withdrawal of that charge except as provided for by paragraph (6).
(6)If it is proposed to withdraw all the charges in respect of which an aggregate sentence was imposed, a judicial registrar may exercise a power for the purposes of the withdrawal of all of those charges.
(7)If it is proposed that a charge be withdrawn, and the sentence imposed in respect of that charge is not wholly concurrent with another sentence, a judicial registrar must not exercise a power for the purposes of the withdrawal of that charge except as provided for by paragraph (8).
(8)If it is proposed to withdraw all the charges for which the sentences imposed were not wholly concurrent with another sentence, a judicial registrar may exercise a power for the purposes of the withdrawal of all of those charges.
(9)Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (2), to hear and determine the appeal except to the extent that is necessary for a charge to be withdrawn.
2A.14D Children, Youth and Families Act 2005—application for leave to appeal
(1)A judicial registrar may constitute the Court for the purposes of an application for leave under section 430(1) of the Children, Youth and Families Act 2005.
(2)When a judicial registrar constitutes the Court under paragraph (1), the power of the Court under section 430(2) of the Children, Youth and Families Act 2005 to grant leave to appeal is delegated to the judicial registrar.
(3)A judicial registrar may exercise the power of the Court under section 430(2) of the Children, Youth and Families Act 2005 to grant leave to appeal only if the application for leave is not opposed.
(4)Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
2A.15 Children, Youth and Families Act 2005—bringing accused or appellant before the Court
When a judicial registrar constitutes the Court in accordance with this Order, the power of the Court to make an order under section 490 of the Children, Youth and Families Act 2005 is delegated to the judicial registrar.
Note
Rule 2A.23 makes similar provision in relation to regulations made under the Corrections Act 1986.
2A.16 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
(1)When a judicial registrar constitutes the Court under Rule 2A.2 for the purposes of a pre-trial hearing, the following powers under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 are delegated to the judicial registrar—
(a)the power of the Court under section 9(1) of that Act to reserve the question of the fitness of the accused to stand trial for investigation under Part 2 of that Act;
(b)subject to the qualifications set out in the subsequent paragraphs of this Rule, the following powers of the Court, being powers exercisable once that question has been reserved for investigation—
(i)the power under section 10(1)(a) of that Act to make an order granting the accused bail;
(ii)the power under section 10(1)(b) of that Act to make an order remanding the accused in custody in an appropriate place;
(iii)the power under section 10(1)(ba) of that Act to make an order remanding an accused who is a child in custody in a youth justice centre or a youth residential centre;
(iv)the power under section 10(1)(c) of that Act to make an order remanding the accused in custody in a prison;
(v)the power under section 10(1)(d) of that Act to make an order that the accused undergo an examination and that the results be put before the Court.
Note
Rule 2A.9 also delegates to the judicial registrar powers to excuse attendance or adjourn the proceedings.
(2)A judicial registrar may exercise the power of the Court under section 10(1)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to grant bail only if the granting of bail is not opposed.
(3)A judicial registrar may exercise a power of the Court under section 10(1)(b), (ba) or (c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to remand an accused only if—
(a)there is no application for bail; or
(b)the remanding of the accused is not opposed.
2A.17 Evidence (Miscellaneous Provisions) Act 1958
(1)Subject to paragraph (2), a judicial registrar may constitute the Court in a proceeding to which these Rules relate for the purposes of a hearing in respect of the powers delegated by paragraph (3).
(2)A judicial registrar may constitute the Court under paragraph (1) during a trial only with the consent of—
(a)the trial judge;
(b)each accused; and
(c)the prosecution.
(3)The following powers of the Court under the Evidence (Miscellaneous Provisions) Act 1958 are delegated to a judicial registrar—
(a)the power of the Court under section 4(1A) of that Act to make an order for the issue of a commission for the examination of a person on oath or affirmation at any place in Victoria;
(b)the power of the Court to grant leave under section 32C of that Act.
2A.18 Family Violence Protection Act 2008—appeals
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under Subdivision 1 of Division 9 of Part 4 of the Family Violence Protection Act 2008.
(2)When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
(3)Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
2A.19 Open Courts Act 2013—proceedings to which these Rules relate
When a judicial registrar constitutes the Court in accordance with this Order, the following powers of the Court under the Open Courts Act 2013 are delegated to the judicial registrar—
(a)the power of the Court under section 17 of that Act to make a proceeding suppression order;
(b)the power of the Court to make a closed court order within the meaning of that Act.
2A.20 Open Courts Act 2013—criminal proceedings only
When a judicial registrar constitutes the Court in a criminal proceeding in accordance with this Order, the power of the Court referred to in section 25(1) of the Open Courts Act 2013 is delegated to the judicial registrar.
2A.21 Personal Safety Intervention Orders Act 2010—appeals
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under Subdivision 1 of Division 11 of Part 3 of the Personal Safety Intervention Orders Act 2010.
(2)When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
(3)Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
Part 4—Powers under statutory rules
2A.21A These Rules—Rule 1.06.1
(1)A judicial registrar may constitute the Court for the purpose of exercising a power of the Court under Rule 1.06.1.
(2)Without limiting paragraph (1), a judicial registrar may constitute the Court under that paragraph if the judicial registrar is already constituting the Court under another provision of this Order.
(3)When a judicial registrar constitutes the Court in accordance with paragraph (1), the powers of the Court under Rule 1.06.1 are delegated to the judicial registrar.
2A.21B These Rules—Order 2B
When a judicial registrar constitutes the Court in accordance with this Order, the powers of the Court under Order 2B are delegated to the judicial registrar.
2A.22 Chapter I of the Rules of the County Court—subpoenas
(1)Subject to paragraph (2), a judicial registrar may constitute the Court in a proceeding to which these Rules relate for the purposes of a hearing in respect of the power delegated by paragraph (3).
(2)A judicial registrar may constitute the Court under paragraph (1) during a trial only with the consent of—
(a)the trial judge;
(b)each accused; and
(c)the prosecution.
(3)The following powers of the Court are delegated to a judicial registrar—
(a)the power of the Court to issue a subpoena in accordance with Rule 42.02 of Chapter I of the Rules of the County Court;
(b)the power of the Court to make an order fixing the last date for service of a subpoena in accordance with Rule 42.03(8) of that Chapter;
(c)the power of the Court to set aside a subpoena in whole or in part, or grant other relief in respect of it, in accordance with Rule 42.04 of that Chapter;
(d)the power of the Court to give directions, in accordance with Rule 42.08 of that Chapter, in relation to the removal, return, inspection, copying and disposal of documents and things produced in response to a subpoena;
(e)the power of the Court to order the issuing party, in accordance with Rule 42.11 of that Chapter, to pay the costs and expenses of compliance with a subpoena.
Note
See Rule 1.09 of this Chapter of the Rules of the County Court in relation to subpoenas generally.
2A.23 Regulations under the Corrections Act 1986—bringing accused or appellant before the Court
When a judicial registrar constitutes the Court in accordance with this Order, the power of the Court to make an order to bring an accused or an appellant who is in custody before the Court pursuant to regulations made under the Corrections Act 1986 is delegated to the judicial registrar.
Note
Rule 2A.15 makes similar provision in relation to section 490 of the Children, Youth and Families Act 2005.
Part 5—Referral by Court constituted by Judge
2A.24 Referral to judicial registrar
(1)The Court constituted by a Judge may, by order, refer a matter to the Court constituted by a judicial registrar if—
(a)the matter arises in a proceeding to which any other provision of these Rules relates;
(b)no other provision of this Order gives a judicial registrar any authority over the matter; and
(c)the Court constituted by the Judge is of the view that it would be proper for the matter to be heard and determined by the Court constituted by a judicial registrar.
(2)The Court constituted by the Judge may refer the matter subject to any directions specified in the order.
2A.25 Judicial registrar may constitute the Court on a referral
A judicial registrar may constitute the Court in a proceeding to which these Rules relate for the purposes of hearing and determining a matter referred under Rule 2A.24(1).
2A.26 Delegation of powers to judicial registrar on a referral
(1)Subject to the subsequent paragraphs of this Rule, when a judicial registrar constitutes the Court under Rule 2A.25 for the purposes of hearing and determining a matter referred under Rule 2A.24(1), all the powers that the Court constituted by a Judge would have in hearing and determining that matter are delegated to the judicial registrar.
(2)The delegation under paragraph (1) is subject to any directions in the order referring the matter.
(3)Nothing in this Rule delegates to a judicial registrar a power that another provision of this Order states is not delegated to a judicial registrar.
(4)If another provision of this Order states that a power is delegated to a judicial registrar, but only subject to certain qualifications, a delegation of that power under this Rule is also subject to those qualifications.
(5)Nothing in this Rule purports to delegate to a judicial registrar a power specified in a subparagraph of section 78(1)(fc) of the County Court Act 1958.
2A.27 Referral back to Court constituted by Judge
On a referral under Rule 2A.24, the Court constituted by the judicial registrar may refer the matter back to the Court constituted by a Judge.
Part 6—Miscellaneous
2A.28 Exercise of powers without oral hearing
(1)A power of the Court—
(a)that a provision of this Order delegates to a judicial registrar; and
(b)that, when exercised by the Court constituted by a Judge, may be exercised without an oral hearing—
may be exercised by the judicial registrar without an oral hearing.
(2)A judicial registrar may constitute the Court in a proceeding to which these Rules relate for the purposes of exercising a power without an oral hearing in accordance with paragraph (1).
2A.29 Review by Judge of judicial registrar determinations
(1)In this Rule, a reference to a determination includes a reference to a judgment, a direction or an order.
(2)A determination of the Court constituted by a judicial registrar may be reviewed by the Court constituted by a Judge, on the motion of the Court constituted by a Judge or on application by a party to the proceeding.
(3)An application under paragraph (2) is to be made by notice filed with the Court, stating—
(a)whether the whole or part only of the determination is the subject of the review;
(b)if part only of the determination is the subject of the review, which part; and
(c)what determination is sought in place of the determination that is the subject of the review.
(4)A copy of the notice under paragraph (3) must be served on each other party to the proceeding within 14 days after the date of the determination.
(5)A review under this Rule shall be conducted by way of hearing de novo.
(6)In conducting a review in accordance with this Rule, the Court constituted by the Judge may—
(a)exercise all the powers and discretions of the Court with respect to the subject matter of the review; and
(b)confirm, set aside or vary the determination of the Court constituted by the judicial registrar or make such further or other determination as may be necessary or as the case requires.
(7)On the review, each party may, subject to any proper objections to admissibility—
(a)rely upon any affidavit used before the judicial registrar and upon any evidence given orally before the judicial registrar; and
(b)by leave of the Court, rely on any affidavit or oral evidence not used or given before the judicial registrar.
(8)Except so far as the Court constituted by a Judge otherwise orders, a review under this Rule shall not operate as a stay of execution or of proceedings under the determination of the Court constituted by the judicial registrar to which the review relates.
2A.30 Judicial registrar may act for another
If circumstances so require, another judicial registrar may hear and determine a matter which a judicial registrar is authorised by this Order to hear and determine instead of the judicial registrar by whom it would otherwise be heard and determined.
ORDER 2B—INTERPRETERS
2B.01Definitions
In this Order, unless the context or subject matter otherwise requires—
accredited interpreter, in relation to an other language, means an interpreter who is accredited, registered or recognised as an interpreter for the language by the recognised agency;
Code of Conduct means the court interpreters' Code of Conduct in Form 2I;
interpret means the process by which spoken or signed language is conveyed from one language to another orally;
other language means a spoken or signed language other than English;
recognised agency means the National Accreditation Authority for Translators and Interpreters (NAATI);
sight translate means the process by which an interpreter or a translator presents a spoken interpretation of a written text;
translate means the process by which written language is conveyed from one language (the source language) to another (the target language) in written form.
2B.02Application of this Order
This Order applies to a proceeding to which these Rules relate.
2B.03When interpreters may be engaged
(1)If the Court is satisfied that a witness cannot understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put to the witness, the witness may give—
(a)oral evidence in the other language that is interpreted into English by an interpreter in accordance with this Order; or
(b)evidence by an affidavit or a statement in English that has been sight translated to the witness by an interpreter in accordance with Rule 2B.07.
Note
Section 30 of the Evidence Act 2008 provides that a witness may give evidence about a fact through an interpreter unless the witness can understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put about the fact.
(2)If the Court is satisfied that a party cannot understand and speak the English language sufficiently to enable the party to understand and participate in the proceeding, the Court shall permit the party to use an interpreter who meets the standards and requirements under this Order.
(3)In a proceeding specified in Column 2 of the following Table, if a person specified in Column 3 for that proceeding requires an interpreter, the party specified in Column 4 for that proceeding is responsible for engaging an interpreter who meets the standards and requirements under this Order.
Table
| Column 1 Item | Column 2 Type of proceeding | Column 3 Person who may require an interpreter | Column 4 Party who is responsible for engaging an interpreter |
| 1 | A proceeding for the trial of an accused on indictment | The accused | The prosecuting agency |
| 2 | A proceeding on an appeal, or an application for leave to appeal, under section 254 of the Criminal Procedure Act 2009 | The appellant | The respondent |
| 3 | A proceeding on an appeal under section 257 or 260 of the Criminal Procedure Act 2009 | The respondent | The DPP |
| 4 | A proceeding on an appeal, or an application for leave to appeal, under section 254 of the Criminal Procedure Act 2009 | A witness to be called by the respondent | The prosecuting agency |
| 5 | A proceeding on an application under Part 3B of the Sentencing Act 1991 by an offender | The offender | The offender |
| 6 | A proceeding on an application under Part 3B of the Sentencing Act 1991 by someone other than an offender | The offender | The applicant |
| 7 | A proceeding on an application under Part 3, 4 or 8 of the Serious Offenders Act 2018 | The offender | The Secretary to the Department of Justice and Community Safety |
| 8 | A proceeding on an application under Part 3, 4 or 8 of the Serious Offenders Act 2018 | A witness to be called by the offender | The Secretary to the Department of Justice and Community Safety |
(4)Except where paragraph (3) provides otherwise, if a witness called by a party requires an interpreter, that party is responsible for engaging an interpreter who meets the standards and requirements under this Order for the witness.
(5)If a party or any other person involved in the proceeding requires an interpreter and neither paragraph (3) nor (4) provides for a particular party to be responsible for engaging the interpreter, the Court may give a direction as to which party is to be responsible for engaging the interpreter.
(6)Paragraphs (3), (4) and (5) do not apply in circumstances where section 15YOA of the Crimes Act 1914 of the Commonwealth provides for the Court to arrange for the presence of an interpreter.
2B.04Who may act as an interpreter
(1)A person shall not act as an interpreter in a proceeding unless the person—
(a)is currently an accredited interpreter for the spoken or signed language other than English concerned or otherwise satisfies the Court that the person is qualified to act as an interpreter;
(b)has read and agrees to comply with the Code of Conduct; and
(c)takes an oath or affirms to interpret accurately to the best of the person's ability.
(2)A person shall not act as an interpreter if the person—
(a)is or may become a party to, or a witness in, the proceeding;
(b)is related to, or has a close personal relationship with, a party or a member of the party's family, or with a witness or potential witness;
(c)has or may have a financial or other interest of any other kind in the outcome of the proceeding, other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of the person's engagement or appointment; or
(d)is or may be unable to fulfil the person's duty of accuracy or impartiality under the Code of Conduct for any reason including, but not limited to, personal or religious beliefs or cultural or other circumstances.
(3)A person acting as an interpreter shall—
(a)cease to act as an interpreter if the person becomes aware during a hearing of a matter referred to in paragraph (2); and
(b)immediately disclose the matter to the Court.
(4)Despite paragraphs (1) to (3), if it is in the interests of justice, the Court may give permission to a person to act as an interpreter despite not complying with the requirements of those paragraphs if, to the extent practicable—
(a)the Court is satisfied that the person is able to interpret and, if necessary, sight translate accurately to the level the Court considers satisfactory in all the circumstances from the other language into English and from English into the other language;
(b)the person takes an oath or affirms to interpret accurately to the best of the person's ability;
(c)the Court is satisfied that the person understands and accepts that, in acting as an interpreter, the person—
(i)is not the agent, assistant or advocate of the witness or the party for which the person is to act as an interpreter; and
(ii)owes a paramount duty to the Court to be impartial and accurate to the best of the person's ability;
(d)the Court directs that the evidence and interpretation be sound recorded for spoken languages and video recorded for signed languages; and
(e)the person is over the age of 18 years.
2B.05Functions of interpreters
(1)Unless the Court otherwise orders, an interpreter shall—
(a)interpret questions and all other spoken or signed communications in the conduct of the proceeding for the witness from English into the other language and from the other language into English; and
(b)subject to paragraph (2), sight translate, whether before or during the course of the witness's evidence, documents shown to the witness.
(2)An interpreter may refuse to sight translate under paragraph (1) if—
(a)the interpreter considers that the interpreter is not competent to do so; or
(b)the task is too onerous or difficult by reason of the length or complexity of the text.
(3)Unless the Court otherwise orders, an interpreter may not assist a party or the party's legal practitioner in the conduct of the proceeding (including a hearing) except by—
(a)interpreting questions and other spoken or signed communications in connection with the proceeding from English into the other language and from the other language into English; or
(b)sight translating documents in connection with the proceeding from English into the other language and from the other language into English.
(4)Nothing in paragraph (3) requires an interpreter to sight translate under that paragraph if—
(a)the interpreter considers that the interpreter is not competent to do so; or
(b)the task is too onerous or difficult by reason of the length or complexity of the text.
2B.06Code of Conduct
(1)An interpreter shall comply with the Code of Conduct.
(2)Unless the Court otherwise orders, as soon as practicable after an interpreter is engaged or appointed for a proceeding, a copy of the Code of Conduct is to be provided to the interpreter—
(a)if an interpreter is engaged by a party, by the party; or
(b)as the Court otherwise directs.
(3)Unless the Court otherwise orders, a witness may not give evidence using an interpreter unless the Court is satisfied that the interpreter has read the Code of Conduct and agrees to be bound by it.
(4)Unless the Court otherwise orders, a party to the proceeding may not use an interpreter in the circumstances described in Rule 2B.03(2) unless the Court is satisfied that the interpreter has read the Code of Conduct and agrees to be bound by it.
2B.07Translated evidence
(1)Unless the Court otherwise orders, a party seeking to rely on a translated affidavit who requires an interpreter is not entitled to rely on the affidavit unless it complies with Rule 43.02.1 of Chapter I of the Rules of the County Court.
*Delete if not applicable.
FORM 11H—INTERIM SUPERVISION ORDER
Rule 11.08(1)
[heading as in Form 11A]
INTERIM SUPERVISION ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance (including by audiovisual or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner]
OTHER MATTERS:
THE COURT STATES, under section 48(1) of the Serious Offenders Act 2018 ("the Act"), that THE COURT IS SATISFIED that the making of this interim supervision order under section 47 of the Act is justified and that it is in the public interest to make the order.
THE COURT ORDERS THAT:
1.C.D. [name of offender] be subject to an interim supervision order under section 47 of the Act.
2.THIS ORDER commences on: [insert details in accordance with section 53 of the Act]
3.THE PERIOD of this order is: [insert period in accordance with section 54 of the Act]
4.CORE CONDITIONS:
Pursuant to section 31 of the Act, the core conditions of this order that apply to C.D. during the period of the order are the following:
1. C.D. must not commit a serious sex offence in Victoria or elsewhere;
2. C.D. must not commit a serious violence offence in Victoria or elsewhere;
3. C.D. must not commit an offence referred to in Schedule 3 of the Act in Victoria or elsewhere;
4. If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;
5. If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;
6. If the Court requires C.D. to reside at a residential treatment facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;
7. If the Court requires C.D. to reside at a residential treatment facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;
8. C.D. must not engage in any behaviour or conduct that threatens the safety of any person (including C.D.);
9. C.D. must attend at any place directed by the Post Sentence Authority for the purpose of administering the conditions of this order;
10. C.D. must attend at any place directed by the Post Sentence Authority for the purpose of making assessments required by the Court, the Secretary to the Department of Justice and Community Safety or the Director of Public Prosecutions for Victoria for the purposes of the Act (including a personal examination by a medical expert for the purpose of providing the Court with a report to assist the Court in determining the need for or the form of any condition of this order);
11. C.D. must report to, and receive visits from, the Secretary to the Department of Justice and Community Safety or any person nominated by the Secretary to the Department of Justice and Community Safety for the purposes of section 31(12) of the Act;
12. C.D. must notify the Post Sentence Authority of any change of employment or new employment (whether paid or unpaid) at least two clear days before commencing the changed or new employment;
13. C.D. must not leave Victoria except with the permission of the Post Sentence Authority granted either generally or in relation to a particular case;
14. C.D. must comply with a direction given by the Post Sentence Authority under the emergency power in section 142 of the Act;
15. C.D. must obey all instructions given by a community corrections officer or a specified officer under section 209 of the Act.
5.ADDITIONAL CONDITIONS UNDER DIVISION 3 OF PART 3 OF THE ACT: [insert any additional conditions]
[signature of Judge]
FORM 11I—ORDER EXTENDING INTERIM SUPERVISION ORDER
Rule 11.08(2)
[heading as in Form 11A]
ORDER EXTENDING INTERIM SUPERVISION ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance (including by audiovisual or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner]
OTHER MATTERS:
THE COURT STATES, under section 59(1) of the Serious Offenders Act 2018 ("the Act"), that THE COURT IS SATISFIED that this extension of the interim supervision order to which C.D. [name of offender] is subject is justified and that it is in the public interest to grant the extension.
THE COURT ORDERS THAT:
1.THE INTERIM SUPERVISION ORDER under the Act made on [insert date of interim supervision order] to which C.D. [name of offender] is subject be extended.
2.THE PERIOD for which the interim supervision order is extended is: [insert period, in accordance with sections 54(2) and 58 of the Act]
*3.THE CONDITIONS of the interim supervision order are varied, added or removed as follows: [specify changes made to conditions of interim supervision order]
[signature of Judge]
*Delete if not applicable.
FORM 11J—NOTICE OF APPLICATION BY SECRETARY FOR REVIEW OF SUPERVISION ORDER
Rule 11.09
[heading as in Form 11A]
NOTICE OF APPLICATION BY SECRETARY FOR REVIEW OF SUPERVISION ORDER
The Secretary to the Department of Justice and Community Safety applies under section 99 of the Serious Offenders Act 2018 for a review of the supervision order made by the Court on [insert date of order].
THE ORDER sought is: [set out the nature of the order sought]
FILED with this notice is a progress report in respect of C.D. [identify report]
Date:
[signed]
for and on behalf of
the Secretary to the Department
of Justice and Community Safety
*Delete if not applicable.
FORM 11K—NOTICE OF APPLICATION FOR LEAVE TO APPLY FOR REVIEW OF SUPERVISION ORDER
Rule 11.10(1)
[heading as in Form 11A]
NOTICE OF APPLICATION FOR LEAVE TO APPLY FOR
REVIEW OF SUPERVISION ORDER
*The Secretary to the Department of Justice and Community Safety applies under section 102(1) of the Serious Offenders Act 2018 ("the Act") for leave of the Court to apply for a review of the supervision order made by the Court on [insert date of order] and, if leave be granted, review of that supervision order. This application is made *on the Secretary's own motion/*on the recommendation of the Post Sentence Authority.
*The Director of Public Prosecutions applies under section 102(1) of the Act for leave of the Court to apply for a review of the supervision order made by the Court on [insert date of order] and, if leave be granted, review of that supervision order.
*I, C.D. apply under section 102(1) of the Act for leave of the Court to apply for a review of the supervision order made by the Court [insert date of order] and, if leave be granted, review of that supervision order.
THE GROUNDS on which this application is made are:
*the following new facts or circumstances would justify a review of the order [specify].
*the following reasons justify the review of the order in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation [specify].
THE ORDER sought is: [set out the nature of the order sought]
FILED with this notice is a progress report in respect of C.D. [identify report]
Date:
[signature of applicant]
*Delete if not applicable.
FORM 11L—NOTICE OF APPLICATION FOR REVIEW OF SUPERVISION ORDER ON GROUND OF STATUTORY AMENDMENTS TO CORE CONDITIONS
Rule 11.10(2)
[heading as in Form 11A]
NOTICE OF APPLICATION FOR REVIEW OF SUPERVISION ORDER ON GROUND OF STATUTORY AMENDMENTS TO CORE CONDITIONS
*The Secretary to the Department of Justice and Community Safety applies under sections 102(1) and 112 of the Serious Offenders Act 2018 ("the Act") for a review of the supervision order made by the Court on [insert date of order]. This application is made *on the Secretary's own motion/*on the recommendation of the Post Sentence Authority.
*The Director of Public Prosecutions applies under sections 102(1) and 112 of the Act for a review of the supervision order made by the Court on [insert date of order].
*I, C.D. apply under sections 102(1) and 112 of the Act for a review of the supervision order made by the Court [insert date of order].
THE GROUND on which this application is made is that amendments to section 31 of the Act which amend the core conditions to which the supervision order is subject have come into operation since the supervision order was made or last renewed or reviewed [give details].
*Further, it is sought, under section 112(2)(b) of the Act, that the Court deal with another matter or matters that could be the subject of an application under section 102 of the Act [give details of the matter or matters].
*There are new facts or circumstances which would justify the review of the supervision order [give details].
*It would be in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation, to review the order [give reasons].
THE ORDER sought is: [set out the nature of the order sought]
FILED with this notice is a progress report in respect of C.D. [identify report]
Date:
[signature of applicant]
*Delete if not applicable.
FORM 11M—NOTICE OF APPLICATION FOR LEAVE TO APPLY FOR REVIEW OF CONDITIONS OF SUPERVISION ORDER OR INTERIM SUPERVISION ORDER
Rule 11.11
[heading as in Form 11A]
NOTICE OF APPLICATION FOR LEAVE TO APPLY FOR
REVIEW OF CONDITIONS OF SUPERVISION ORDER OR
INTERIM SUPERVISION ORDER
*The Secretary to the Department of Justice and Community Safety applies under section 110 of the Serious Offenders Act 2018 ("the Act") for leave of the Court to apply for a review of the conditions, other than the core conditions, of the *supervision order/*interim supervision order made by the Court on [insert date of order] and, if leave be granted, review of those conditions.
*I, C.D. apply under section 110 of the Act for leave of the Court to apply for a review of the conditions, other than the core conditions, of the *supervision order/*interim supervision order made by the Court on [insert date and relevant details of order] and, if leave be granted, review of those conditions.
*THE CONDITION(S) which *is/*are the subject of this application are: [specify condition(s) to which the application relates]
THE GROUNDS on which this application is made are as follows:
*New facts and circumstances justifying the review have arisen since the conditions were made [specify new facts and circumstances justifying review].
*It would generally be in the interests of justice, having regard to the purposes of the condition and the manner or effect of their implementation, to review the conditions [specify reasons the review is justified in the interests of justice].
THE ORDER sought is: [set out the nature of the order sought]
FILED with this notice are:
*progress report in respect of C.D. [identify report]
*certificate of available resources
Date:
[signature of applicant]
*Delete if not applicable.
FORM 11N—NOTICE OF APPLICATION BY SECRETARY FOR REVIEW OF INTENSIVE TREATMENT AND SUPERVISION CONDITION
Rule 11.12
[heading as in Form 11A]
NOTICE OF APPLICATION BY SECRETARY FOR REVIEW OF INTENSIVE TREATMENT AND SUPERVISION CONDITION
The Secretary to the Department of Justice and Community Safety applies under section 113 of the Serious Offenders Act 2018 for a review of the intensive treatment and supervision condition imposed on a supervision order made by the Court on [insert date of order] in respect of C.D.
*THE CONDITION which is the subject of this application is: [specify the condition to which the application relates]
THE ORDER sought is: [set out the nature of the order sought]
FILED with this notice are:
treatment and supervision plan in relation to C.D. [identify plan]
*assessment report [identify report]
*latest progress report [identify report]
Date:
[signature]
for and on behalf
of the Secretary to the
Department of Justice
and Community Safety
*Delete if not applicable.
FORM 11O—ORDER TO ATTEND FOR EXAMINATION
Rule 11.13
[heading as in Form 11A]
ORDER TO ATTEND FOR EXAMINATION
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance (including by audiovisual link or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]
THE COURT ORDERS THAT under section 127 of the Serious Offenders Act 2018 C.D. [name of offender] attend for a personal examination by a medical expert or other person [insert name and any other relevant details of expert or other person who is to conduct the personal examination and the time and place required for the attendance for examination] for the purpose of enabling that expert or other person to make a report, or give evidence, to the Court.
[signature of Judge]
NOTE
To [name of offender]:
This order requires you to attend for a personal examination. However, in accordance with section 127(2) of the Act, this order does not require you to submit to a physical examination or in any way actively to cooperate in the carrying out of a personal examination.
FORM 11P—NOTICE OF INTENTION TO DISPUTE ASSESSMENT, PROGRESS REPORT OR OTHER REPORT TO COURT
Rule 11.14
NOTICE OF INTENTION TO DISPUTE ASSESSMENT REPORT, PROGRESS REPORT OR OTHER REPORT TO COURT
To the Registrar:
TAKE NOTICE THAT:
*The Secretary to the Department of Justice and Community Safety intends
*The Director of Public Prosecutions intends
*I, C.D. intend
under section 271 of the Serious Offenders Act 2018 to dispute the *whole of/*a specified part of *an assessment report/*a progress report/*a report made to the Court/*any other report.
PARTICULARS
I INTEND TO DISPUTE:
*the whole of the assessment report [identify report].
*part of the assessment report [identify report and part disputed].
*the whole of the progress report [identify report].
*part of the progress report [identify report and part disputed].
*the whole of another report [identify report].
*part of another report [identify report and part disputed].
THE GROUNDS on which I intend to dispute *the report/*part of the report are: [set out the grounds]
Date:
[signature of party giving
notice or party's legal advisor]
*Delete if not applicable.
FORM 12A—APPLICATION FOR LEAVE TO MAKE OR CONTINUE INTERLOCUTORY APPLICATION IN PROCEEDING BY PERSON SUBJECT TO LIMITED LITIGATION RESTRAINT ORDER
Rule 12.02
[heading as in originating process]
APPLICATION FOR LEAVE TO MAKE OR CONTINUE INTERLOCUTORY APPLICATION IN PROCEEDING BY PERSON SUBJECT TO LIMITED LITIGATION RESTRAINT ORDER
(Section 50 of the Vexatious Proceedings Act 2014)
I, [name], a person subject to a limited litigation restraint order [identify the relevant order], apply under section 50 of the Vexatious Proceedings Act 2014 for leave to *make/*continue an interlocutory application in this proceeding.
In accordance with section 51 of that Act, I contend that the interlocutory application is not a vexatious application and that there are reasonable grounds for the application, namely that: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to *make/*continue the following interlocutory application [specify];
2.[set out any other orders sought].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date]
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].
*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].
The address of the applicant is: [address]
The address for service of the applicant is: [address for service]
Date: [date]
[signature]
*Delete if not applicable.
FORM 12B—APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER
Rule 12.03
[heading as in originating process]
APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER
(Section 52(1) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to an extended litigation restraint order
[identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding to which the order relates, namely [identify the relevant proceeding].
In accordance with section 53 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];
2.[set out any other orders sought].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].
*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].
The address of the applicant is: [address]
The address for service of the applicant is: [address for service]
Date: [date]
[signature]
*Delete if not applicable.
FORM 12C—APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER
Rule 12.03
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
IN THE MATTER of an application under section 52(1) of the Vexatious Proceedings Act 2014.
APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO EXTENDED LITIGATION RESTRAINT ORDER
I, [name], a person subject to an extended litigation restraint order
[identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding *against a person or other entity protected by the order/*in respect of a matter described in the order.
In accordance with section 53 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];
2.[set out any other orders sought].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].
*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].
The address of the applicant is: [address]
The address for service of the applicant is: [address for service]
Date: [date]
[signature]
*Delete if not applicable.
FORM 12D—APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER
Rule 12.04
[heading as in originating process]
APPLICATION FOR LEAVE TO CONTINUE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER
(Section 54 of the Vexatious Proceedings Act 2014)
I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding].
In accordance with section 55 of that Act, I contend that *this proceeding/
*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];
2.[set out any other orders sought].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i) that is a vexatious application or a vexatious proceeding (asdefined in the Act); or
(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].
*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].
The address of the applicant is: [address]
The address for service of the applicant is: [address for service]
Date: [date]
[signature]
*Delete if not applicable.
FORM 12E—APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER
Rule 12.04
IN THE COUNTY COURT 20 No.
OF VICTORIA
AT
IN THE MATTER of an application under section 54 of the Vexatious Proceedings Act 2014.
APPLICATION FOR LEAVE TO COMMENCE PROCEEDING BY PERSON SUBJECT TO GENERAL LITIGATION RESTRAINT ORDER
I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to commence a proceeding.
In accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].
ORDERS SOUGHT
The applicant seeks—
1.leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];
2.[set out any other orders sought].
ACCOMPANYING AFFIDAVIT
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(a)details of each application for leave to proceed made by the applicant;
(b)details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(c)details of each interlocutory application made or proceeding commenced or conducted by the applicant—
(i) that is a vexatious application or a vexatious proceeding (as defined in the Act); or
(ii) which has been stayed or dismissed on the basis of being made, commenced or conducted without merit;
(d)an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e)all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date].
This application was filed—
*(a)by the applicant in person.
*(b)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor].
*(c)for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].
The address of the applicant is: [address]
The address for service of the applicant is: [address for service]
Date: [date]
[signature]
*Delete if not applicable.
FORM 12F—NOTICE OF APPLICATION FOR LEAVE TO PROCEED
Rule 12.05
[heading as used in application for leave to proceed]
NOTICE OF APPLICATION FOR LEAVE TO PROCEED
(Section 60 of the Vexatious Proceedings Act 2014)
TO:
(a)the Attorney-General;
(b)[name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].
TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court for leave to proceed as follows: [describe the relief sought in the application].
Under section 60(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for leave to proceed be given to you.
This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates.
You are entitled to make submissions in relation to the application.
Date:
[seal of the Court]
Any Questions?
If you have any questions, please contact the Registrar of the County Court at [insert address], Tel: [insert telephone number]
Hours: 9:30 am to 4:00 pm each business day.
*Delete if not applicable.
SCHEDULE 1—REVOKED STATUTORY RULES
Rule 1.15
| S.R. No | Title |
| 183/2009 | County Court Criminal Procedure Rules 2009 |
| 31/2012 | County Court (Chapter III Amendment No. 1) Rules 2012 |
| 110/2013 | County Court (Chapter III Amendment No. 2) Rules 2013 |
| 14/2014 | County Court (Chapter III Amendment No. 3) Rules 2014 |
| 178/2014 | County Court (Chapter III Amendment No. 4) Rules 2014 |
| 130/2015 | County Court (Chapter III Amendment No. 5) Rules 2015 |
| 24/2018 | County Court (Chapter III Sex Offenders Registration Amendment) Rules 2018 |
| 134/2018 | County Court (Chapter III Amendment No. 6) Rules 2018 |
| 7/2019 | County Court (Chapter III Serious Offenders Amendment) Rules 2019 |
Dated: 3 December 2019
| P. B. KIDD, Chief Judge | P. G. LACAVA |
| S. M. COHEN | F. R. GUCCIARDO |
| F. E. HOGAN | F. SACCARDO |
| E. M. GAYNOR | M. GAMBLE |
| P. J. COISH | G. P. MULLALY |
| W. A. WILMOTH | J. L. PARRISH |
| F. MILLANE | M. H. TINNEY |
| S. S. DAVIS | G. T. CANNON |
| F. P. HAMPEL | J. F. CARMODY |
| J. G. MORRISH | R. H. SMITH |
| S. E. PULLEN | M. F. MACNAMARA |
| M. D. MURPHY | C. J. RYAN |
| P. M. E. WISCHUSEN | G. F. MEREDITH |
| C. M. QUIN | T. WRAIGHT |
| A. J. CHAMBERS | P. R. RIDDELL |
| C. R. GWYNN | M. C. FOX |
| D. A. TRAPNELL | A. S. PILLAY |
| M. O'CONNELL | R. CARLIN |
| A. RYAN | K. J. DOYLE |
| P. J. F. HIGHAM | A. L. HASSAN |
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The County Court Criminal Procedure Rules 2019, S.R. No. 126/2019 were made on 3 December 2019 by a majority of the Judges of the County Court under the Criminal Procedure Act 2009, No. 7/2009, section 78 of the County Court Act 1958, No. 6230/1958, the Children, Youth and Families Act 2005, No. 96/2005 and all other enabling powers and came into operation on 16 December 2019: rule 1.04.
The County Court Criminal Procedure Rules 2019 will sunset 10 years after the day of making on 3 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 County Court Criminal Procedure Rules 2019 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
County Court (Chapters I and III Judicial Registrar Amendment) Rules 2020, S.R. No. 16/2020
Date of Making: 4.3.20 Date of Commencement: Rule 4 on 10.3.20: rule 3
County Court (Chapter III Judicial Registrars and Subpoenas Amendment) Rules 2021, S.R. No. 98/2021
Date of Making: 10.8.21 Date of Commencement: 13.8.21: rule 3
County Court (Chapters I, II and III Miscellaneous Amendments) Rules 2022, S.R. No. 90/2022
Date of Making: 26.9.22 Date of Commencement: Rule 14 on 25.10.22: rule 3
County Court (Chapter III Judicial Registrar Amendment) Rules 2023, S.R. No. 16/2023
Date of Making: 10.3.23 Date of Commencement: 1.4.23: rule 3
County Court (Chapters I and III Confidential Communications and Protected Health Information Amendment) Rules 2023, S.R. No. 77/2023
Date of Making: 27.7.23 Date of Commencement: Rules 6, 7 on 14.8.23: rule 3
County Court (Chapters I and III Subpoena Amendment) Rules 2023, S.R. No. 81/2023
Date of Making: 8.8.23 Date of Commencement: Rules 27–31 on 14.8.23: rule 3
County Court (Chapters I, II and III Miscellaneous Amendments) Rules 2023, S.R. No. 120/2023
Date of Making: 22.11.23 Date of Commencement: Rules 12, 13 on 4.12.23: rule 3
County Court (Chapter III Interpreters and Filing of Documents Amendment) Rules 2025, S.R. No. 112/2025
Date of Making: 21.10.25 Date of Commencement: 1.11.25: rule 3
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3 Explanatory details
[1] Rule 1.05: S.R. No. 170/2018.
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