Magistrates' Court Act 1989 (Vic)

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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…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.