Magistrates' Court (Family Violence) (Amendment) Rules 2006 (Vic)

Magistrates' Court (Family Violence) (Amendment) Rules 2006

S.R. No. 83/2006

TABLE OF PROVISIONS

Rule  Page

1.Object

2.Authorising provisions

3.Commencement

4.Principal Rules

5.New Rule 11 inserted

11.Extension of time for holding power

6.New Forms 6 and 7 inserted

Form 6—Application to Extend the Period of Direction or Detention of a Directed Person

Form 7—Order for Extension of Period of Direction or
Detention of a Directed Person

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 83/2006

Magistrates' Court Act 1989

Magistrates' Court (Family Violence) (Amendment) Rules 2006

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1.Object

The object of these Rules is to provide a form of application and a form of order for the purposes of Division 2 of Part 2 of the Crimes (Family Violence) Act 1987.

2.Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3.Commencement

These Rules come into operation on 1 July 2006.

4.Principal Rules

In these Rules, the Magistrates' Court (Family Violence) Rules 2000[1] are called the Principal Rules.

5.New Rule 11 inserted

After Rule 10 of the Principal Rules insert—

"11.Extension of time for holding power

(1)For the purposes of section 8AH of the Act, a form of application for an application to extend the period of direction or detention of a directed person may be in Form 6.

(2)For the purposes of section 8AH of the Act and subject to any terms indicated by the court, a form of order under section 8AG of the Act may be in Form 7.".

6.New Forms 6 and 7 inserted

After Form 5 to the Principal Rules insert—

"__________________

FORM 6

Rule 11(1)

APPLICATION TO EXTEND THE PERIOD OF DIRECTION OR DETENTION OF A DIRECTED PERSON

(Section 8AH of the Crimes (Family Violence) Act 1987)

Court Ref:

Name of applicant: [name and number of member of the police force]:

Name of directed person/*directed person who has been detained:

Date of birth:

Sex:

Location of directed person/*directed person who has been detained:

Name(s) of aggrieved family member(s):

I [name and number of member of the police force] being a member of the police force am currently stationed at the [name of police station].

I consider that it is necessary that the direction/*detention of [name of directed person] under Division 2 of Part 2 of the Act should exceed 6 hours and I apply to the Court for an order extending the maximum period of the direction/*detention.

*The direction was given by—

*me

or

*[name and number of police officer if the applicant did not give the direction]

to the directed person at [time] on [date] at [place].

*The directed person refused/*failed to comply with the direction and was apprehended and detained at [time] on [date] at [location].

*I have made/*intend to make a complaint for an intervention order

or

*I believe that the member who gave the direction has made/*intends to make a complaint for an intervention order

I am making this application at         a.m./*p.m. on [date] which is within 6 hours after the direction was given to the directed person.  At the time of making this application, the directed person has been subject to the direction/*detention for [number] hours and [number] minutes.

I apply for an order to extend the period of the direction/*detention until         a.m./*p.m. on [date] (resulting in a total of not more than 10 hours after the direction was given to the directed person)

The grounds for my application are—

[set out grounds]

Dated:

Signature of applicant:

*Delete if inapplicable

__________________

FORM 7

Rule 11(2)

ORDER FOR EXTENSION OF PERIOD OF DIRECTION OR DETENTION OF A DIRECTED PERSON

(Section 8AH of the Crimes (Family Violence) Act 1987)

Court Ref:

Name of applicant: [a member of the police force]

Name of directed person/*directed person who has been detained:

Date of birth:

Sex:

Name(s) of aggrieved family member(s):

ON the application of a member of the police force to the Magistrates' Court at [venue], I order that the period of direction/*detention be extended until         a.m./*p.m. on [date] (being a total period of direction or detention not exceeding 10 hours after the direction was given to the directed person).

The terms (if any) of this Order are:

[set out any relevant terms]

The further hearing of the complaint for an intervention order will be heard at the Magistrates' Court at [venue of the Court].

Magistrate:

This Order is made at         a.m./*p.m. on [date].".

Dated:    29 June 2006

DANIEL J. MULING,

Acting

Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

PAUL SMITH,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 73/2000.