Version No. 234
Magistrates' Court Act 1989
No. 51 of 1989
Version incorporating amendments as at
19 June 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
3AMeaning of family member
Part 2—The Magistrates' Court of Victoria
4Establishment of the Magistrates' Court
4AEstablishment of Drug Court Division
4BAdjournment of proceeding to Drug Court Division
4DEstablishment of Koori Court Division
4EJurisdiction of Koori Court Division
4EACircumstances in which Koori Court Division may deal with contravention of a sentence imposed by another Division of the Magistrates' Court
4FCircumstances in which Koori Court Division may deal with certain offences
4FACertain matters may be dealt with by Koori Court Division only in certain venues
4GSentencing procedure in Koori Court Division
4IAEstablishment of Specialist Family Violence Court Division
4IBJurisdiction of Specialist Family Violence Court Division
4JAdjournment to seek legal advice
4KAlternative arrangements for giving evidence
4LRestriction on children being called as witnesses or present in court
4MEstablishment of Neighbourhood Justice Division
4NPlaces where Neighbourhood Justice Division may sit and act
4OJurisdiction of Neighbourhood Justice Division
4PTransfer of proceedings
4QSentencing procedure in Neighbourhood Justice Division
4RSexual Offences List
4SAssessment and Referral Court List
4TEligibility criteria
4USpecific powers of the Assessment and Referral Court List
4VAdjournment of proceeding in Assessment and Referral Court List
4WOther adjournment powers not limited
4XTransfer of proceedings to and from Assessment and Referral Court List
4YCompletion of, and participation in, individual support plan
5Where and when Court to be held
5AMention courts
6Magistrate to be in attendance
7Appointment of magistrates
7AEntry into part-time service arrangement
7BVariation of part-time service arrangement
7CSuspension of part-time service arrangement
7DTermination of part-time service arrangement
8Appointment of Acting Chief Magistrate
9AAppointment of reserve magistrates
9BCessation of office
9CChief Magistrate may engage reserve magistrate to undertake duties of a magistrate
9DPension rights and service of Chief Magistrate not affected by being a reserve magistrate
9EPowers, jurisdiction, immunities and protection of reserve magistrate
9EAPower to complete matters—magistrates and reserve magistrates
9FEngaging in legal practice or other paid employment
10Salaries, superannuation contributions, allowances and other conditions of service
10APension of Chief Magistrate
12Vacation of office
12AAdministrative responsibility of Chief Magistrate
13Assignment of duties
13ADelegation by the Chief Magistrate
13BProfessional development and training
14Protection of magistrates
15Council of magistrates
16Rules of Court
16APractice notes
16ABConstitution of Court if magistrate unable to continue and constitution of Court in certain circumstances
Part 2A—Judicial registrars
16BGuidelines relating to the appointment of judicial registrars
16CAppointment of judicial registrars
16DTerms and conditions of appointment
16DBOath or affirmation of office
16EResignation from office
16IRules of Court
16JPerformance of duties by judicial registrar
16KAppeal from or review of determination of Court constituted by judicial registrar
Part 3—Officers of the Court
17Employment of principal registrar, registrars and deputy registrars
17AAppointment of Aboriginal elders or respected persons
18Register
19Offence to publish certain information concerning proceedings
19ARecording of proceedings
20Process
21Powers of registrar
22Fees
23Extortion by and impersonation of court officials
24Protection of registrars
Part 4—Warrants and criminal proceedings
Division 1—Jurisdiction
25Extent of jurisdiction
Division 2—Procedure
29Magistrate may exercise…