Untitled document

Magistrates' Court General Amendment Regulations 2010

S.R. No. 122/2010

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Amendment of objectives of Principal Regulations

6Division heading inserted

7Oath of office

8Division heading inserted

9Heading to regulation 202

10New regulations 203 to 210 inserted

203Appointment training for bail justices

204Application for appointment as a bail justice

205Re-appointment training for bail justices

206Application for re-appointment as a bail justice

207Application for appointment or re‑appointment as an acting bail justice

208Training for people holding prescribed offices

209Code of conduct for bail justices and acting bail
justices

210Notification obligations on bail justices and acting
bail justices

11Schedule 2 heading amended

12Schedule 2 amended

13New Schedule 2A inserted

SCHEDULE 2A—Code of Conduct for Bail Justices and Acting Bail Justices

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 122/2010

Magistrates' Court Act 1989

Magistrates' Court General Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 26 October 2010

Responsible Minister:

ROB HULLS
Attorney-General

MATTHEW McBEATH

Clerk of the Executive Council

1Objectives

The main objectives of these Regulations are to prescribe—

(a)a code of conduct for bail justices and acting bail justices; and

(b)a training course for appointment as a bail justice; and

(c)a training course for re-appointment as a bail justice; and

(d)a training course for the purposes of section 121(3)(aa) of the Magistrates' Court Act 1989; and

(e)the particulars to be included in applications under Division 2 of Part 6 of the Magistrates' Court Act 1989.

2Authorising provision

These Regulations are made under section 140 of the Magistrates' Court Act 1989.

3Commencement

These Regulations come into operation on 1 January 2011.

4Principal Regulations

In these Regulations, the Magistrates' Court General Regulations 2000[1] are called the Principal Regulations.

5Amendment of objectives of Principal Regulations

After regulation 101(e) of the Principal Regulations insert—

"(ea)matters relating to bail justices and acting bail justices; and".

6Division heading inserted

After the heading to Part 2 of the Principal Regulations insert—

"Division 1—Oaths of office".

7Oath of office

(1)In regulation 201(1) of the Principal Regulations—

(a)omit "9(7),"; and

(b)for "120(3)" substitute "120H"; and

(c)for "and a bail justice" substitute ", a bail justice and an acting bail justice".

(2)In regulation 201(3) of the Principal Regulations, after "bail justice" insert ", an acting bail justice".

8Division heading inserted

After regulation 201 of the Principal Regulations insert—

"Division 2—Bail justices".

9Heading to regulation 202

Insert the following heading to regulation 202 of the Principal Regulations—

"Prescribed office-holders to be bail justices".

10New regulations 203 to 210 inserted

In Part 2 of the Principal Regulations, after regulation 202 insert—

"203   Appointment training for bail justices

For the purposes of section 120A(2)(e) of the Act, the prescribed course of training for appointment as a bail justice is the training approved by the Secretary of the Department of Justice to enable bail justices to be competent to—

(a)fulfil their functions under Victorian law; and

(b)fulfil their obligations under the code of conduct in Schedule 2A.

204Application for appointment as a bail justice

For the purposes of section 120B(2)(a) of the Act, the prescribed particulars are—

(a)the full name of the applicant; and

(b)the current residential address, postal address, telephone number and email address of the applicant; and

(c)the permanent residential address of the applicant, if different from his or her current residential address; and

(d)confirmation that the applicant is an Australian citizen; and

(e)the date of birth of the applicant; and

(f)whether the applicant is currently a justice of the peace in Victoria or any other State or Territory of Australia; and

(g)whether the applicant has previously applied to be a bail justice and the outcome of that application; and

(h)confirmation that the applicant is fluent in the English language; and

(i)any language other than English spoken by the applicant, including the level of fluency; and

(j)the applicant's emergency contact, including name, telephone number, and relationship to the applicant; and

(k)the current occupation and position of the applicant, including the name, address and telephone number of his or her current employer, and the period of employment with that employer; and

(l)details of any criminal offence the applicant has been charged with or found guilty of in Australia or overseas; and

(m)details of any civil proceeding brought against the applicant in Australia or overseas; and

(n)whether the applicant is a bankrupt or the property of the applicant is subject to control under the law relating to bankruptcy; and

(o)details of any suspension or disqualification of the applicant from holding any licence, registration, certificate or membership of any profession, business, trade or industry; and

(p)details of any disqualification of the applicant from the management of a company under the Corporations Act 2001 of the Commonwealth; and

(q)the applicant's reasons for seeking appointment as a bail justice; and

(r)the applicant's community involvement over the past 10 years, including roles held and the dates roles were held; and

(s)the availability of the applicant to be rostered for duty as a bail justice; and

(t)three referees for the applicant, including the referees' names, addresses, telephone numbers, period of acquaintance with the applicant, and relationship to the applicant; and

(u)whether or not the applicant consents to—

(i)the Department of Justice checking the applicant against the registers administered by the Australian Securities and Investments Commission, and the National Personal Insolvency Index administered by the Insolvency and Trustee Service Australia; and

(ii)Victoria Police releasing the results of the applicant's police record check directly to the Department of Justice.

205Re-appointment training for bail justices

For the purposes of section 120C(2)(a) of the Act, the prescribed course of training for re‑appointment as a bail justice is the training approved by the Secretary of the Department of Justice to update bail justices' knowledge and competency to enable them to—

(a)fulfil their functions under Victorian law; and

(b)fulfil their obligations under the code of conduct in Schedule 2A.

206Application for re-appointment as a bail justice

For the purposes of section 120D(2)(a) of the Act, the prescribed particulars are—

(a)the full name of the applicant; and

(b)the current residential address, postal address, telephone number and email address of the applicant; and

(c)the permanent residential address of the applicant, if different from his or her current residential address; and

(d)the bail justice number of the applicant; and

(e)details of any criminal offence the applicant has been charged with or found guilty of in Australia or overseas in the five years immediately preceding the application; and

(f)details of any civil proceeding brought against the applicant in Australia or overseas in the five years immediately preceding the application; and

(g)whether the applicant is a bankrupt or the property of the applicant is subject to control under the law relating to bankruptcy; and

(h)details of any suspension or disqualification of the applicant from holding any licence, registration, certificate or membership of any profession, business, trade or industry in the five years immediately preceding the application; and

(i)details of any disqualification of the applicant from the management of a company under the Corporations Act 2001 of the Commonwealth in the five years immediately preceding the application; and

(j)whether or not the applicant consents to—

(i)the Department of Justice checking the applicant against the registers administered by the Australian Securities and Investments Commission, and the National Personal Insolvency Index administered by the Insolvency and Trustee Service Australia; and

(ii)Victoria Police releasing the results of the applicant's police record check directly to the Department of Justice.

207Application for appointment or re‑appointment as an acting bail justice

For the purposes of section 120F(2)(a) of the Act, the prescribed particulars are—

(a)the full name of the applicant; and

(b)the current residential address, postal address, telephone number and email address of the applicant; and

(c)the permanent residential address of the applicant, if different from his or her current residential address; and

(d)the bail justice number of the applicant; and

(e)details of any criminal offence that the applicant has been charged with or found guilty of in Australia or overseas in the five years immediately preceding the application, or, in an application for re-appointment, in the year immediately preceding the application; and

(f)details of any civil proceeding brought against the applicant in Australia or overseas in the five years immediately preceding the application, or, in an application for re appointment, in the year immediately preceding the application; and

(g)whether the applicant is a bankrupt or the property of the applicant is subject to control under the law relating to bankruptcy; and

(h)details of any suspension or disqualification of the applicant from holding any licence, registration, certificate or membership of any profession, business, trade or industry in the five years immediately preceding the application, or, in an application for re-appointment, in the year immediately preceding the application; and

(i)details of any disqualification of the applicant from the management of a company under the Corporations Act 2001 of the Commonwealth in the five years immediately preceding the application, or, in an application for re-appointment, in the year immediately preceding the application; and

(j)whether or not the applicant consents to—

(i)the Department of Justice checking the applicant against the registers administered by the Australian Securities and Investments Commission, and the National Personal Insolvency Index administered by the Insolvency and Trustee Service Australia; and

(ii)Victoria Police releasing the results of the applicant's police record check directly to the Department of Justice.

208Training for people holding prescribed offices

For the purposes of section 121(3)(aa) of the Act, the prescribed course of training is the training provided by the Magistrates' Court of Victoria to enable prescribed office-holders to fulfil their bail justice functions in accordance with Victorian law.

209Code of conduct for bail justices and acting bail justices

For the purposes of the definition of code of conduct in section 120 of the Act, the code of conduct set out in Schedule 2A is prescribed.

210Notification obligations on bail justices and acting bail justices

(1)A bail justice or acting bail justice must notify the Secretary of the Department of Justice in writing as soon as practicable after—

(a)the bail justice or acting bail justice is charged with a criminal offence in Australia or overseas;

(b)the bail justice or acting bail justice has a civil proceeding commenced against him or her in Australia or overseas;

(c)the finalisation and outcome of that criminal proceeding or civil proceeding;

(d)the bail justice or acting bail justice is declared bankrupt or his or her property becomes subject to control under the law relating to bankruptcy;

(e)the bail justice or acting bail justice is suspended or disqualified from holding any licence, registration, certificate or membership of any profession, business, trade or industry;

(f)the bail justice or acting bail justice is disqualified from managing a company under the Corporations Act 2001 of the Commonwealth;

(g)the bail justice or acting bail justice changes his or her employment.

(2)A bail justice or an acting bail justice must notify the Secretary of the Department of Justice in writing within 14 days after—

(a)any change to the personal details of the bail justice or acting bail justice, including residential address, postal address, telephone number and email address;

(b)the bail justice or acting bail justice becomes unable to perform the role of bail justice for a period of more than one month.".

11Schedule 2 heading amended

In the heading of Part 1 of Schedule 2 to the Principal Regulations, for "OR BAIL JUSTICE" substitute ", BAIL JUSTICE OR ACTING BAIL JUSTICE".

12Schedule 2 amended

In Part 1 of Schedule 2 to the Principal Regulations, after "*Delete if inapplicable." insert "An acting bail justice is to take the same oath as a bail justice.".

13New Schedule 2A inserted

After Schedule 2 to the Principal Regulations insert—

"SCHEDULE 2A

CODE OF CONDUCT FOR BAIL JUSTICES AND ACTING BAIL JUSTICES

Regulation 209

Conduct

1.A bail justice or an acting bail justice must maintain and uphold the oath of office and discharge the functions of a bail justice in accordance with the law to the best of his or her ability.

2.A bail justice or an acting bail justice must act, and be seen to act, independently, impartially and without prejudice or discrimination when performing his or her bail justice functions.

Example

A bail justice must not discuss an application with officers of Victoria Police or the Department of Human Services before hearing a bail application under the Bail Act 1977 or an interim accommodation order application under the Children, Youth and Families Act 2005.  This does not preclude a bail justice from discussing any potential safety or security concerns with those officers prior to conducting a hearing.

3.A bail justice or an acting bail justice must act, and be seen to act, with due care, diligence, honesty, integrity and respect at all times when performing his or her bail justice functions.

4.A bail justice or an acting bail justice must not—

(a)behave in a way that brings the office of bail justice into disrepute;

(b)improperly influence or attempt to influence a person when performing his or her bail justice functions;

(c)use his or her position as bail justice to gain benefit or advantage, or to be seen to gain benefit or advantage, for himself or herself, another person, an organisation or an agency;

(d)advertise his or her position as a bail justice for the purpose of advancing his or her business interests or commercial interests.

5.A bail justice or an acting bail justice must not charge a fee, or accept gifts, favours or patronage in return for performing his or her bail justice functions.

6.A bail justice or an acting bail justice must not use the letters "BJ" after his or her name.

7.A bail justice or an acting bail justice must make himself or herself reasonably available to be rostered for duty as a bail justice.

8.A bail justice or an acting bail justice must not unreasonably refuse to perform his or her duty as a bail justice when rostered to do so.

9.A bail justice or an acting bail justice must not—

(a)purport to exercise powers other than those conferred on him or her as a bail justice;

(b)provide legal advice in his or her capacity as a bail justice.

Conflict of interest

10.If a bail justice or an acting bail justice has personal, family, financial or business interests, or is a member of a recreational, professional, or personal interest organisation, or a political party, and it conflicts with a matter before him or her, the bail justice or acting bail justice must—

(a)disclose the conflict of interest; and

(b)decline to perform his or her bail justice functions.

Competency and knowledge

11.A bail justice or an acting bail justice must endeavour to maintain a competent knowledge of all laws applicable to the functions of a bail justice.

12.A bail justice or an acting bail justice must comply with the guidelines, if any, in effect under section 124AB of the Act.

Privacy

13.A bail justice or an acting bail justice must not make use of or disclose information or documents obtained in the course of carrying out his or her functions as a bail justice, other than for the purpose of performing those functions or as otherwise authorised or required by law.

14.A bail justice or an acting bail justice must not make public comment about any bail hearing he or she conducts, other than providing the decision made in a hearing and the reasons for that decision, confining those reasons to the factors in section 4 of the Bail Act 1977.

__________________".

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ENDNOTES

[1] Reg. 4: S.R. No. 69/2000.  Reprint No. 3 as at 1 July 2006.  Reprinted to S.R. No. 76/2006.  Subsequently amended by S.R. Nos 101/2009 and 170/2009.