Magistrates' Court (Family Violence) (Amendment) Rules 1998 (Vic)

Magistrates' Court (Family Violence) (Amendment)

Rules 1998

S.R. No. 92/1998

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Substitution of Forms 1, 2 and 4	1
Form 1—Complaint and Summons	2
Form 2—Complaint and Warrant	4
Form 4—Application to revoke, vary or extend an Intervention

Order 6

5. Amendment to Form 5 8

═══════════════

NOTES 9

i

STATUTORY RULES 1998

S.R. No. 92/1998

Magistrates' Court Act 1989

Interpretation of Legislation Act 1984

Magistrates' Court (Family Violence) (Amendment)

Rules 1998

The Chief Magistrate together with 2 Deputy Chief

Magistrates jointly make the following Rules:

1. Object

The object of these Rules is to make
miscellaneous amendments to the Principal Rules
consequential upon the enactment of Part 3 of the
Law and Justice Legislation Amendment Act

1997.

2. Authorising provisions

These Rules are made under section 16 of the other enabling powers.

Magistrates' Court Act 1989, section 50 of the

3. Principal Rules

In these Rules the Magistrates' Court (Family Violence) Rules 19901 are called the Principal Rules.

4. Substitution of Forms 1, 2 and 4

For Forms 1, 2 and 4 to the Principal Rules substitute—

Magistrates' Court (Family Violence) (Amendment) Rules 1998

r. 4 S.R. No. 92/1998

"FORMS

FORM 1

Sections 7, 9

Complaint and Summons
for an Intervention Order Court Ref.

Date of Hearing

/ /

Who makes the Complaint?

(Complainant)

Address

Postcode:  Phone:

The complainant	! is a member of the Police Force ! is the aggrieved family member ! is a parent of the aggrieved family member who is a child
! has the written consent of the aggrieved family member, (if over 17)

or, if the aggrieved family member is a child under 17, with the

written consent of the parent of the child

! is a guardian appointed under the Guardianship and

Administration Board Act 1986

! is a person who seeks to make the complaint with the leave of the

Court

If the complainant is either—

(a)	a child aged 14 or older (but less than 17); or
(b)	a person who is not a parent of an aggrieved family member who is a child and who does not have the written consent of a parent of the child; or
(c)	a person other than the guardian appointed under the Guardianship and Administration Board Act 1986 if an appointment has been made—

the leave of the Court to make the complaint is required. Do you require the leave of the Court? ! Yes ! No

Who is the complaint against ! Male ! Female

Address

Postcode:  Date of Birth / /

Magistrates' Court (Family Violence) (Amendment) Rules 1998

S.R. No. 92/1998 r. 4

The Complaint

State briefly why an Intervention Order is needed. Give a brief outline of each incident including the date place and where it happened.

Who needs the Order?	! Male ! Female
(Aggrieved Family Member)
Relationship to the	Date of Birth / /
defendant
Do you need an interpreter?	! No ! Yes—What language

(If the Complaint is for more than one aggrieved family member set out the name and particulars

of each such aggrieved family member)

Have you applied for, or received a Court Order under the—

Family Law Act?	! No	! Yes—write details below
Crimes (Family Violence) Act?	! No	! Yes—write details below

Please give the date the Order or Application was made, the type of Order or Application and the name of the court.

What sort of Intervention Order do you want?

State precisely the terms of the Order sought. What things does the defendant do that you want stopped and how do you want the Court to help you prevent them from happening?

Number each one.

Complainant's signature(s) Date / /

Magistrates' Court (Family Violence) (Amendment) Rules 1998

r. 4 S.R. No. 92/1998

To the defendant

WARNING: If you do not come to Court, the Court may hear the case without you or adjourn

the case and issue a Warrant for your arrest.

Where you must go *Magistrates'/*Children's Court

Address

Phone

When Time Day Month Year

This Complaint was made to me, the Registrar of the *Magistrates'/*Children's Court at:
Registrar's signature
Registrar of the *Magistrates'/*Children's Court Date / /

*Delete if inapplicable

—————————

FORM 2

Sections 9, 10

Complaint and Warrant	Court Ref.
for an Intervention Order
Who makes the Complaint? (Complainant)

Address

Postcode:  Phone:

The complainant	! is a member of the Police Force ! is the aggrieved family member ! is a parent of the aggrieved family member who is a child
! has the written consent of the aggrieved family member, (if over 17)

or, if the aggrieved family member is a child under 17, with the

written consent of the parent of the child

! is a guardian appointed under the Guardianship and

Administration Board Act 1986

! is a person who seeks to make the complaint with the leave of the

Court

If the complainant is either—

(a) a child aged 14 or older (but less than 17); or

Magistrates' Court (Family Violence) (Amendment) Rules 1998

S.R. No. 92/1998 r. 4

(b)	a person who is not a parent of an aggrieved family member who is a child and who does not have the written consent of a parent of the child; or
(c)	a person other than the guardian appointed under the Guardianship and Administration Board Act 1986 if an appointment has been made—

the leave of the Court to make the complaint is required. Do you require the leave of the Court? ! Yes ! No

Who is the complaint against ! Male ! Female

Address

Postcode:  Date of Birth / /

The Complaint

State briefly why an Intervention Order is needed. Give a brief outline of each incident including the date place and where it happened.

Who needs the Order?	! Male ! Female
(Aggrieved Family Member)
Relationship to the	Date of Birth / /
defendant
Do you need an interpreter?	! No ! Yes—What language

(If the Complaint is for more than one aggrieved family member set out the name and particulars

of each such aggrieved family member)

Have you applied for, or received a Court Order under the—

Family Law Act?	! No	! Yes—write details below
Crimes (Family Violence) Act?	! No	! Yes—write details below

Please give the date the Order or Application was made, the type of Order or Application and the name of the Court.

What sort of Intervention Order do you want?

State precisely the terms of the Order sought. What things does the defendant do that you want stopped and how do you want the Court to help you prevent them from happening?

Number each one.

Magistrates' Court (Family Violence) (Amendment) Rules 1998

r. 4 S.R. No. 92/1998

Complainant's signature(s)	Date / /
Warrant to Arrest
To all Members of the Victoria Police Force—

This Complaint was sworn before me, the *Magistrate/*Registrar of the *Magistrates'/

*Children's Court at

I therefore authorise you to enter and search by day or by night—

* any dwelling house, * tenement, * ship or other place whatsoever, where the defendant is
suspected to be and you are authorised to use all necessary force for the purpose and if

necessary break any outer door or window.

You are further authorised to arrest the defendant and immediately take * him * her before a

* Bail Justice or * the Magistrates'/Children's Court at

to answer the complaint.

Issued at the *Magistrates'/*Children's Court at

On / /

Issued by
*Magistrates'/*Registrar's signature
*Magistrate/*Registrar

*Delete if inapplicable

—————————

FORM 4

Section 16

Application to revoke, vary or extend an Intervention Order	Court Ref.
The *Magistrates'/*Children's Court at	on / /
*heard a Complaint and made an Intervention Order
*registered an order made at	on / /
The original Complaint

Who made the complaint?

(Complainant)

Address

Magistrates' Court (Family Violence) (Amendment) Rules 1998

S.R. No. 92/1998 r. 4

Who needed the Order?

(Aggrieved Family Member)

(If the Complaint is for more than one aggrieved family member set out the name and

particulars of each such aggrieved family member)

Who was the complaint against?

(Defendant)

This application is to be served on:

Respondent Name:

Respondent Address:

(If the application is for more than one respondent set out the name and particulars of each such

respondent)

The Court ordered the defendant to

This Order will last until / /

Who is making the application?

(Applicant)

My full name is

Address

The application

I am applying to the Court to have the order:

! revoked

! extended for	days	weeks	months
! varied in the following way:
My reasons for wanting the order changed are:

Magistrates' Court (Family Violence) (Amendment) Rules 1998

r. 5 S.R. No. 92/1998

Signature of applicant	Date
/ /
Where will the application be heard?	*Magistrates'/*Children's Court

Address Phone

When Time Day Month Year

WARNING: If you do not come to Court the case may be heard without you.

Signature Date

Registrar of the *Magistrates'/*Children's Court. / /

*Delete if inapplicable".

5. Amendment to Form 5

In Form 5 to the Principal Rules after—

"Complainant

Aggrieved Family Member

".

insert—

"(If the Order is for more than one aggrieved family
member set out the name and particulars of each such

aggrieved family member)".

Dated: 16 July 1998

MICHAEL A. ADAMS QC,

Chief Magistrate

BRIAN S. BARROW,

Deputy Chief Magistrate

DANIEL J. MULING,

Deputy Chief Magistrate

═══════════════

Magistrates' Court (Family Violence) (Amendment) Rules 1998

S.R. No. 92/1998 Notes

NOTES

1 Rule 3: S.R. No. 203/1990.