Supreme Court (Chapter VI Amendment No. 11) Rules 2007 (Vic)

Supreme Court (Chapter VI Amendment No. 11) Rules 2007

S.R. No. 6/2007

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Application of Order

6New Rule 12.09

12.09Form of notice of appeal

7New Forms 6–12F and 6–12G

Form 6–12F—Notice of Appeal

Form 6–12G—Notice of Appeal

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 6/2007

Supreme Court Act 1986
Serious Sex Offenders Monitoring Act 2005

Supreme Court (Chapter VI Amendment No. 11) Rules 2007

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter VI to provide for appeals under Part 3 of the Serious Sex Offenders Monitoring Act 2005.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 38 of the Serious Sex Offenders Monitoring Act 2005 and all other enabling powers.

3Commencement

These Rules come into operation on 1 March 2007.

4Principal Rules

In these Rules, the Supreme Court (Criminal Procedure) Rules 1998[1] are called the Principal Rules.

5Application of Order

In Rule 12.02 of the Principal Rules, after "of the Act" insert "and appeals under Part 3 of the Act".

6New Rule 12.09

After Rule 12.08 of the Principal Rules insert—

"12.09Form of notice of appeal

(1)A notice of appeal by an offender under section 36(2) of the Act may be in

Form 6–12F.

(2)A notice of appeal by the Secretary under section 37(2) of the Act may be in

Form 6–12G.".

7New Forms 6–12F and 6–12G

After Form 6–12E of the Principal Rules insert—

"Rule 12.09(1) FORM 6–12F

IN THE SUPREME COURT OF VICTORIA

AT

IN THE COURT OF APPEAL  20     No.

IN THE MATTER of an appeal under Part 3 of the Serious Sex Offenders Monitoring Act 2005

BETWEEN

A.B.       Appellant

and

The Secretary to the Department of Justice

Respondent

NOTICE OF APPEAL

To: the Registrar of Criminal Appeals:

And to: the respondent

1. TAKE NOTICE that the appellant A.B. appeals to the Court of Appeal under section 36(2) of the Serious Sex Offenders Monitoring Act 2005 against:

*a decision made on [date] by [identify court and Judge] to make an extended supervision order in respect of the appellant

*a decision made on [date] by [identify court and Judge] to renew an extended supervision order in respect of the appellant previously made on [date] by [identify court and Judge].

*a decision made on [date] by [identify court and Judge] on a review initiated by the appellant under section 21(3) of the Act, not to revoke an extended supervision order previously made on [date] by [identify court and Judge].

2.   THE GROUNDS of the appeal are: [state briefly the grounds of the appeal]

3.   THE ORDERS sought on appeal are: [state orders sought]

4.   Name and address of solicitor who represented appellant in the court where the decision being appealed was made:

5.   Name of counsel (if any) who represented appellant in the court where the decision being appealed was made:

6.   State whether you wish to be present at the hearing of this proceeding:

7.   State whether you wish to attend by audio visual link at the hearing of this proceeding:

Dated:

[Signed by
Appellant or legal practitioner
on behalf of Appellant]

*[If signed by legal practitioner]
The name and address for service are as follows: [insert]

IMPORTANT NOTES:

1.   Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. 

If you wish to do either of these things, you should complete paragraphs 6 and 7 accordingly or otherwise notify the Registrar of Criminal Appeals in writing of your wish.

2. Your attention is drawn to the procedure for appeals set out in section 38 of the Serious Sex Offenders Monitoring Act 2005 and the powers of the Court of Appeal under section 39 of the Act. As soon as practicable after giving notice of appeal to the Court of Appeal, you must cause a copy of the notice to be served on the respondent to the appeal.

3. Under section 38(4) of the Serious Sex Offenders Monitoring Act 2005, the giving of this notice of appeal does not stay the operation of the decision being appealed, unless the court that made that decision or the Court of Appeal otherwise orders.

__________________

Rule 12.09(2) FORM 6–12G

IN THE SUPREME COURT OF VICTORIA

AT

IN THE COURT OF APPEAL  20     No.

IN THE MATTER of an appeal under Part 3 of the Serious Sex Offenders Monitoring Act 2005

BETWEEN

The Secretary to the Department of Justice

Appellant

and

A.B.

Respondent

NOTICE OF APPEAL

To: the Registrar of Criminal Appeals:

And to: the respondent

1. TAKE NOTICE that the appellant THE SECRETARY TO THE DEPARTMENT OF JUSTICE appeals to the Court of Appeal under section 37(2) of the Serious Sex Offenders Monitoring Act 2005 against:

*a decision made on [date] by [identify court and Judge] not to make an extended supervision order in respect of A.B. who is an eligible offender within the meaning of the Act.

*a decision made on [date] by [identify court and Judge] not to renew the extended supervision order in respect of A.B. previously made on [date] by [identify court and Judge].

*a decision made on [date] by [identify court and Judge] to revoke the extended supervision order previously made in respect of A.B. on [date] by [identify court and Judge], on a determination made under section 23 of the Act.

2.   THE GROUNDS of the appeal are: [state briefly the grounds of the appeal]

3.   THE ORDERS sought on appeal are: [state orders sought]

4. As required by section 38(2) of the Serious Sex Offenders Monitoring Act 2005, this notice of appeal is accompanied by a notice in the prescribed form as contained in the regulations made under that Act setting out the offender's rights in relation to, and the procedure for the hearing and determination of, the appeal.

Dated:

[Signed by
for and on behalf of the
Secretary to the Department of Justice]

IMPORTANT NOTE:

To the respondent:

Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable.  If you wish to do either of these things, you should notify the Registrar of Criminal Appeals in writing of your wish.

__________________".

Dated:    22 February 2007

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

PETER BUCHANAN, J.A.

ALEX CHERNOV, J.A.

G. M. EAMES, J.A.

GEOFFREY NETTLE, J.A.

MARCIA NEAVE, J.A.

ROBERT REDLICH, J.A.

BERNARD G. TEAGUE, J.

P. D. CUMMINS, J.

T. H. SMITH, J.

JOHN COLDREY, J.

DAVID BYRNE, J.

D. L. HARPER, J.

H. R. HANSEN, J.

PHILIP MANDIE, J.

MURRAY B. KELLAM, J.

BERNARD D. BONGIORNO, J.

D. J. HABERSBERGER, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

ELIZABETH HOLLINGWORTH, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

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ENDNOTES

[1] Rule 4: S.R. No. 33/1998.  Reprint No. 2 as at 1 July 2004.  Reprinted to S.R. No. 33/2004.  Subsequently amended by S.R. Nos 7/2005, 22/2005, 95/2005, 97/2006 and 161/2006.