Untitled document

Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013

S.R. No. 155/2013

TABLE OF PROVISIONS

Rule  Page

PART 1—PRELIMINARY

1Object

2Authorising provisions

3Commencement

PART 2—AMENDMENT OF MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009

4New Order 11 inserted

ORDER 11

PROCEDURE UNDER THE OPEN COURTS ACT 2013

105Definitions

106Notice of application for suppression order

107Notice of application to review suppression order

5New Forms 54 and 55 inserted

Form 54—Application for Suppression Order

Form 55—Application to Review a Suppression Order

PART 3—AMENDMENT OF MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010

6New Order 82 inserted

ORDER 82

PROCEDURE UNDER THE OPEN COURTS ACT 2013

82.01Definitions

82.02Notice of application for suppression order

82.03Notice of application to review suppression order

7New Forms 82A and 82B inserted

Form 82A—Application for Suppression Order

Form 82B—Application to Review a Suppression Order

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 155/2013

Magistrates' Court Act 1989

Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013

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

PART 1—PRELIMINARY

1Object

The object of these Rules is to amend the Magistrates' Court Criminal Procedure Rules 2009 and the Magistrates' Court General Civil Procedure Rules 2010 to make provision in relation to suppression orders as a result of the enactment of the Open Courts Act 2013.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989, the Open Courts Act 2013 and all other enabling powers.

3Commencement

These Rules come into operation on 9 December 2013.

__________________

PART 2—AMENDMENT OF MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009

4New Order 11 inserted

After Order 10 of the Magistrates' Court Criminal Procedure Rules 2009[1] insert—

"ORDER 11

PROCEDURE UNDER THE OPEN COURTS ACT 2013

105Definitions

(1)In this Order—

the Act means the Open Courts Act 2013.

(2)An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act.

106Notice of application for suppression order

(1)A notice of the making of an application under section 10 of the Act for a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 54.

(2)A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing.

107Notice of application to review suppression order

(1)A notice of the making of an application under section 15(1) of the Act to review a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 55.

(2)A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing.

__________________".

5New Forms 54 and 55 inserted

After Form 53 of the Magistrates' Court Criminal Procedure Rules 2009 insert—

"FORM 54

Rule 106

APPLICATION FOR SUPPRESSION ORDER

In the Magistrates' Court of

Victoria at [venue]

In the matter of: [Prosecuting Agency] and [Offender]

Name of Applicant:

Address of Applicant:

Postcode:

Tel: [insert number]

NOTE: Pursuant to section 10(1) of the Open Courts Act 2013, an applicant for a suppression order must give three (3) business days' notice of the making of this application to the Court and to all parties to the proceeding to which the application relates.

Application for:

oProceeding Suppression Order

oBroad Suppression Order

oOther (please specify)

Grounds of application [insert brief description of grounds of application]:

This case is next listed for *mention/*hearing/*committal at [venue] on [date].

Dated: [e.g. 5 September 20    ].

[Applicant or applicant's Australian lawyer]

* Delete if not applicable.

NOTICE OF APPLICATION

(To be completed by the Registrar)

This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [venue] on [date e.g. 20 June 20     ] at           a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

Dated: [e.g. 5 September 20     ].

Registrar

__________________

FORM 55

Rule 107

APPLICATION TO REVIEW A SUPPRESSION ORDER

In the Magistrates' Court of

Victoria at [venue]

In the matter of: [Prosecuting Agency] and [Offender]

Name of Applicant:

Address of Applicant:

Postcode:

Tel: [insert number]

This application is made by:

oThe applicant for the order

oA party to the proceeding

oThe Attorney-General

oThe Attorney-General of another State or Territory or of the Commonwealth

oA news media organisation

oOther [state if applicable]

I, [applicant's name] make application to review the [type of order] suppression order made on [date of order] before Magistrate [name of Magistrate who made the order] at the [venue] of the Magistrates' Court.

Grounds of application [insert brief description of grounds for application]:

Dated: [e.g. 5 September 20    ].

[Applicant or applicant's Australian lawyer]

NOTICE OF APPLICATION

(To be completed by the Registrar)

This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [venue] on [date e.g. 20 June 20     ] at           a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

Dated: [e.g. 5 September 20     ].

Registrar

NOTE: Any person specified under section 15(1)(b) of the Open Courts Act 2013 is entitled to appear and be heard by the Court on the review of the relevant suppression order pursuant to section 15(2) of the Act.

__________________".

__________________

PART 3—AMENDMENT OF MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010

6New Order 82 inserted

After Order 81 of the Magistrates' Court General Civil Procedure Rules 2010[2] insert—

"ORDER 82

PROCEDURE UNDER THE OPEN COURTS ACT 2013

82.01Definitions

(1)In this Order—

the Act means the Open Courts Act 2013.

(2)An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act.

82.02Notice of application for suppression order

(1)A notice of the making of an application under section 10 of the Act for a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 82A.

(2)A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing.

82.03Notice of application to review suppression order

(1)A notice of the making of an application under section 15(1) of the Act to review a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 82B.

(2)A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing.

__________________".

7New Forms 82A and 82B inserted

After Form 72F of the Magistrates' Court General Civil Procedure Rules 2010 insert—

"FORM 82A

Rule 82.02

APPLICATION FOR SUPPRESSION ORDER

[heading as in Form 5A]

Tel: [insert number]

NOTE: Pursuant to section 10(1) of the Open Courts Act 2013, an applicant for a suppression order must give three (3) business days' notice of the making of this application to the Court and to all parties to the proceeding to which the application relates.

Application for:

oProceeding Suppression Order

oBroad Suppression Order

oOther (please specify)

Grounds of application [insert brief description of grounds of application]:

The proceeding to which this application relates is next listed for hearing at [venue] on [date].

Dated: [e.g. 5 September 20    ].

[Applicant or applicant's Australian lawyer]

NOTICE OF APPLICATION

(To be completed by the Registrar)

This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [venue] on [date e.g. 20 June 20     ] at           a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

Dated: [e.g. 5 September 20     ].

Registrar

__________________

FORM 82B

Rule 82.03

APPLICATION TO REVIEW A SUPPRESSION ORDER

[heading as in Form 5A]

Tel: [insert number]

This application is made by:

oThe applicant for the order

oA party to the proceeding

oThe Attorney-General

oThe Attorney-General of another State or Territory or of the Commonwealth

oA news media organisation

oOther [state if applicable]:

I, [applicant's name] make application to review the [type of order] suppression order made on [date of order] before Magistrate [name of Magistrate who made the order] at the [venue] of the Magistrates' Court.

Grounds of application [insert brief description of grounds for application]:

Dated: [e.g. 5 September 20    ].

[Applicant or applicant's Australian lawyer]

NOTICE OF APPLICATION

(To be completed by the Registrar)

This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [venue] on [date e.g. 20 June 20     ] at           a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

Dated: [e.g. 5 September 20     ].

Registrar

NOTE: Any person specified under section 15(1)(b) of the Open Courts Act 2013 is entitled to appear and be heard by the Court on the review of the relevant suppression order pursuant to section 15(2) of the Act.

__________________".

Dated:    5 December 2013

PETER LAURITSEN,

Chief Magistrate

BARRY B. BRAUN,

Deputy Chief Magistrate

DANIEL J. MULING,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 181/2009 as amended by S.R. Nos 18/2011, 59/2011, 123/2011, 150/2011 and 118/2012.

[2] Rule 6: S.R. No. 140/2010.  Reprint No. 1 as at 11 October 2013.  Reprinted to S.R. No. 89/2013.