Magistrates' Court (Judicial Registrars) (Personal Safety Intervention Orders Amendment) Rules 2014 (Vic)

Magistrates' Court (Judicial Registrars) (Personal Safety Intervention Orders Amendment) Rules 2014

S.R. No. 28/2014

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Proceedings that may be dealt with by a judicial registrar

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 28/2014

Magistrates' Court Act 1989

Magistrates' Court (Judicial Registrars) (Personal Safety Intervention Orders Amendment) Rules 2014

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

1Object

The object of these Rules is to amend the Magistrates' Court (Judicial Registrars) Rules 2005—

(a)to prescribe a proceeding under the Personal Safety Intervention Orders Act 2010 as a proceeding that may be dealt with by a judicial registrar; and

(b)to provide that a judicial registrar constitutes the Magistrates' Court and is delegated the powers of the Magistrates' Court in hearing and determining a proceeding to which the Magistrates' Court (Judicial Registrars) Rules 2005 apply.

2Authorising provisions

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

3Commencement

These Rules come into operation on 12 May 2014.

4Proceedings that may be dealt with by a judicial registrar

(1)After Rule 4(5) of the Magistrates' Court (Judicial Registrars) Rules 2005[1] insert—

"(5A)A judicial registrar may exercise all or any powers of the Court in a proceeding under the Personal Safety Intervention Orders Act 2010, other than the powers under Part 8 of that Act.".

(2)After Rule 4(6) of the Magistrates' Court (Judicial Registrars) Rules 2005 insert—

"(7)In hearing and determining any proceeding to which this Rule applies—

(a)the judicial registrar constitutes the Court for that purpose; and

(b)the same powers that the Court has in hearing and determining the proceeding are delegated to the judicial registrar.".

Dated:    6 May 2014

PETER LAURITSEN,

Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

LANCE MARTIN,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4(1): S.R. No. 166/2005 as amended by S.R. Nos 86/2007, 34/2009, 6/2010, 123/2011, 150/2011, 119/2012 and 120/2013.