Magistrates' Court and Coroners Acts Amendment Act 2007 (Vic)

Magistrates' Court and Coroners Acts Amendment Act 2007

No. 36 of 2007

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Magistrates' Court Act 1989

3Acting magistrates and judicial registrars

4Referrals to the Drug Court Division

4BAdjournment of proceeding to Drug Court Division

5Power of registrars to adjourn criminal proceedings

6Persons who may witness statements to be tendered at committal proceedings

7Transitional provision

8Continuation of counselling order provisions

Part 3—Coroners Act 1985

9New section 51 of Coroners Act 1985 inserted

51General access to records and files

Part 4—Repeal

10Repeal of Act

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Endnotes

Magistrates' Court and Coroners Acts Amendment Act 2007

No. 36 of 2007

[Assented to 14 August 2007]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Magistrates' Court Act 1989 so as to—

(i)clarify the application of the Act in relation to acting magistrates;

(ii)provide for the assignment of duties to judicial registrars;

(iii)streamline the adjournment of criminal proceedings into the Drug Court Division;

(iv)extend the power of registrars to adjourn criminal proceedings in the mention system;

(v)expand the range of officials who may witness statements to be tendered at committal proceedings;

(b)to amend the Magistrates' Court (Family Violence) Act 2004 to provide for counselling order provisions to continue until 30 October 2009;

(c)to amend the Coroners Act 1985 to provide for access to coroner's records and files.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

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Part 2—Magistrates' Court Act 1989

3Acting magistrates and judicial registrars

(1)Insert the following definition in section 3(1) of the Magistrates' Court Act 1989—

"magistrate includes an acting magistrate;".

(2)In section 4(3A) of the Magistrates' Court Act 1989 omit "or acting magistrate".

(3)In section 13(1) and (2) of the Magistrates' Court Act 1989 for "acting magistrate" substitute "judicial registrar".

(4)In section 13(3) of the Magistrates' Court Act 1989 after "magistrate" (where first occurring) insert "(other than an acting magistrate)".

(5)In section 13B(1) of the Magistrates' Court Act 1989, in paragraph (a) of the definition of judicial officer omit "or acting magistrate".

4Referrals to the Drug Court Division

For sections 4B and 4C of the Magistrates' Court Act 1989 substitute—

"4B   Adjournment of proceeding to Drug Court Division

(1)The Court, at any time before taking a formal plea from the defendant in a criminal proceeding that is not in the Drug Court Division, may adjourn the proceeding to the Drug Court Division at that or another venue if—

(a)it appears to the Court that the defendant might be eligible for a drug treatment order if convicted of the offence by the Drug Court Division; and

(b)the defendant's usual place of residence (if he or she has one) is within a postcode area specified, in relation to the venue at which the Drug Court Division sits and acts, by the Minister by notice published in the Government Gazette; and

(c)the defendant consents to the Court doing so.

(2)Despite anything to the contrary in this Act, a venue of the Court to which the proceeding is adjourned under subsection (1) is the proper venue of the Court for the purposes of this Act.".

5Power of registrars to adjourn criminal proceedings

In clause 3 of Schedule 2 to the Magistrates' Court Act 1989—

(a)in paragraph (a) for "prior to the mention date" substitute "prior to or on the mention date or on the return date";

(b)in paragraph (b) after "mention date" insert "or return date".

6Persons who may witness statements to be tendered at committal proceedings

After clause 8(1)(b)(iv) of Schedule 5 to the Magistrates' Court Act 1989 insert—

"(iva)a person employed at Victorian Public Service Grade 4 or higher classification under Part 3 of the Public Administration Act 2004 in the Office of Police Integrity established by section 102A(1) of the Police Regulation Act 1958; or

(ivb)an officer at Australian Public Service level 5 or higher who is an Investigator in the Investigations Branch of the Department of Employment and Workplace Relations; or

(ivc)an officer at Australian Public Service level 5 or higher who is a member of the Investigations Branch of the Inspector General Group in the Department of Defence; or

(ivd)a person who is an authorised officer for the purposes of Part 9 of the Law Enforcement Integrity Commissioner Act 2006 of the Commonwealth; or

(ive)a person who is an inspector appointed under section 267(1)(a) or (b) of the Radiocommunications Act 1992 of the Commonwealth, a person appointed under regulation 42 of the Radiocommunications Regulations 1993 of the Commonwealth as an authorised person for those Regulations or a person who is an inspector for the purposes of a provision of the Telecommunications Act 1997 of the Commonwealth by force of section 533(1)(a) or (b) of that Act; or

(ivf)an Investigations Officer at Australian Public Service level 5 or higher in the Department of Agriculture, Fisheries and Forestry; or

(ivg)an officer at Australian Public Service level 5 or higher who is an authorised person in relation to a provision of Part 6-2 of the Therapeutic Goods Act 1989 of the Commonwealth and employed in the Surveillance Unit, Therapeutic Goods Administration of the Department of Health and Ageing; or

(ivh)a member of the staff of the National Offshore Petroleum Safety Authority who is appointed as an OHS inspector under section 150YL of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; or

(ivi)a member of the staff of the Australian Crime Commission who is an Investigator; or".

7Transitional provision

After clause 37 of Schedule 8 to the Magistrates' Court Act 1989 insert—

"38A notice by the Minister published in the Government Gazette under section 4B or 4C of this Act before the commencement of section 4 of the Magistrates' Court and Coroners Acts Amendment Act 2007 and in force immediately before that commencement is not affected by the substitution for those sections of a new section 4B effected by that section 4 and the notice continues to have effect as if it were a notice published under the new section 4B(1)(b).".

8Continuation of counselling order provisions

In section 2(2) of the Magistrates' Court (Family Violence) Act 2004 for "30 October 2007" substitute "30 October 2009".

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Part 3—Coroners Act 1985

9New section 51 of Coroners Act 1985 inserted

After section 50 of the Coroners Act 1985 insert—

"51   General access to records and files

(1)Subject to sections 30E and 58(1), before the completion of an investigation or inquest into a death or an investigation or inquest into a fire, a coroner may direct that the coroner's file relating to that investigation or inquest, or any part of that file, is to be made available to any person or class of person as the coroner directs.

(2)Subject to sections 30E and 58(1), after the completion of an investigation or inquest into a death or an investigation or inquest into a fire, the coroner's record and the coroner's file relating to that investigation or inquest is to be open to public access unless a coroner otherwise orders.

(3)Nothing in this section affects or limits the functions and powers of a coroner under section 21, 22, 22A, 30F, 38 or 45(1).".

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Part 4—Repeal

10Repeal of Act

This Act is repealed on the first anniversary of its commencement.

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Endnotes

Minister's second reading speech—

Legislative Assembly: 7 June 2007

Legislative Council: 19 July 2007

The long title for the Bill for this Act was "A Bill for an Act to amend the Magistrates' Court Act 1989, the Magistrates' Court (Family Violence) Act 2004 and the Coroners Act 1985 and for other purposes."