Untitled document

Children and Young Persons (Children's Court) (Amendment) Regulations 2006

S.R. No. 119/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Principal Regulations

4.Advice in other languages

5.Specified agencies under section 260B

6.Enforcement agencies

13.Enforcement agencies

7.Continuing offence provision

8.Infringement notice

15.Infringement notice

9.Penalty notice—prescribed offence

10.Courtesy letter costs

11.Courtesy letter—section 87 of the Road Safety Act 1986

12.Courtesy letter—section 88 of the Road Safety Act 1986

13.Minimum registrable amount

14.CAYPINS forms

15.Specified agencies for the purposes of section 260B of the
Act—Schedule 6

16.Enforcement agencies—Schedule 7

17.Infringement penalty for registration

Form 1—Infringement Penalty for Registration

18.Certificate for registration of infringement penalty

Form 2—Certificate for Registration of Infringement Penalty

19.Cancellation of an infringement penalty

Form 3—Cancellation of an Infringement Penalty

20.Application for order that payment of fine not be enforced

Form 4—Application for Order that Payment of Registered Amount Not be Enforced

21.Notice of enforcement order

Form 5—Notice of Enforcement Order

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 119/2006

Children and Young Persons Act 1989

Children and Young Persons (Children's Court) (Amendment) Regulations 2006

The Governor in Council makes the following Regulations:

Dated: 5 September 2006

Responsible Minister:

ROB HULLS
Attorney-General

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Children and Young Persons (Children's Court) Regulations 2001 in relation to the Children and Young Persons Infringement Notice System consequential on the Children, Youth and Families (Consequential and Other Amendments) Act 2006 and the Infringements Act 2006.

2.Authorising provision

These Regulations are made under section 280 of the Children and Young Persons Act 1989.

3.Principal Regulations

In these Regulations, the Children and Young Persons (Children's Court) Regulations 2001[1] are called the Principal Regulations.

4.Advice in other languages

In regulation 11(1A) of the Principal Regulations—

(a)in paragraph (b), for "clause 8(6)" substitute "clause 9(1)"; and

(b)in paragraph (c), for "clause 9(3)" substitute "clause 10(3)".

5.Specified agencies under section 260B

In regulation 12 of the Principal Regulations for "Schedule 6" substitute "Schedule 2 to the Infringements (General) Regulations 2006".

6.Enforcement agencies

For regulation 13 of the Principal Regulations substitute—

'13.Enforcement agencies

For the purposes of paragraph (c) of the definition of "enforcement agency" in clause 2 of Schedule 2A to the Act, a person, body, class of person or body, described or specified in Schedule 1 to the Infringements (General) Regulations 2006 is prescribed as an enforcement agency in relation to an infringement notice under a relevant provision prescribed by regulation 15 or an infringement penalty in such a notice.'.

7.Continuing offence provision

Regulation 14 of the Principal Regulations is revoked.

8.Infringement notice

For regulation 15 of the Principal Regulations substitute—

'15.Infringement notice

For the purpose of the definition of "infringement notice" in clause 2 of Schedule 2A to the Act, the following provisions are prescribed—

(a)the provisions specified in Schedule 3 to the Infringements (General) Regulations 2006;

(b)the provisions specified in regulation 1203 of the Magistrates' Court General Regulations 2000 as in force immediately before 1 July 2006.'.

9.Penalty notice—prescribed offence

Regulation 16 of the Principal Regulations is revoked.

10.Courtesy letter costs

Regulation 17 of the Principal Regulations is revoked.

11.Courtesy letter—section 87 of the Road Safety Act 1986

Regulation 18 of the Principal Regulations is revoked.

12.Courtesy letter—section 88 of the Road Safety Act 1986

Regulation 19 of the Principal Regulations is revoked.

13.Minimum registrable amount

In regulation 20 of the Principal Regulations for "clause 5(4)" substitute "clause 4(3)".

14.CAYPINS forms

In regulation 21 of the Principal Regulations—

(a)in sub-regulation (1), for "clause 5(1)(a)" substitute "clause 3(1)(a)"; and

(b)in sub-regulation (2), for "clause 5(1)(b)" substitute "clause 3(1)(b)"; and

(c)in sub-regulation (3), for "clause 5(5)" substitute "clause 5(1)"; and

(d)in sub-regulation (4), for "clause 7(2)" substitute "clause 6(4)"; and

(e)in sub-regulation (5), for "clause 8(6)" substitute "clause 9(1)".

15.Specified agencies for the purposes of section 260B of the Act—Schedule 6

Schedule 6 of the Principal Regulations is revoked.

16.Enforcement agencies—Schedule 7

Schedule 7 of the Principal Regulations is revoked.

17.Infringement penalty for registration

For Form 1 of Schedule 8 to the Principal Regulations substitute—

"FORM 1

Regulation 21(1)

Children and Young Persons Act 1989

(Schedule 2A clause 3(1)(a))

INFRINGEMENT PENALTY FOR REGISTRATION

[Name of Enforcement Agency] seeks to have the infringement penalty, as detailed below, registered.

DETAILS OF CHILD

Surname:   Other Names:

Date of Birth:

Address:    

Suburb:   Postcode:

DETAILS OF INFRINGEMENT NOTICE

Description of offence:     

*Act/*Statutory Rule/*Local Law/*Subordinate Instrument/ *Commonwealth Act or any Act of another State or Territory or any subordinate instrument under such an Act that applies as a law of Victoria/*Code:

Infringement Notice No.:

Time of offence:   Date of offence:

Place of offence:   Date of Issue of Infringement
  Notice:

VEHICLE DETAILS (if relevant)

Registration Number:             State of Issue (Registration):

*Licence/*Permit Number:  

State of Issue (*Licence/*Permit):

Vehicle Class:

ENFORCEMENT AGENCY DETAILS

Informant's Name:

Agency:    

Address:    

PENALTY/INSTALMENT DETAILS

The original infringement amount was:  [insert amount]

The amount that has been paid is:    [insert amount]

The amount to be registered (including $     [insert amount]     costs) is:          [insert amount]

(The amount to be registered consists of the original infringement amount minus any amount previously paid to the Agency (whether or not pursuant to a payment plan), plus any prescribed costs.)

*delete if not applicable.

NOTES:

·  this form can be replicated for each additional penalty/instalment.

__________________".

18.Certificate for registration of infringement penalty

For Form 2 of Schedule 8 to the Principal Regulations substitute—

"FORM 2

Regulation 21(2)

Children and Young Persons Act 1989

(Schedule 2A clause 3(1)(b))

CERTIFICATE FOR REGISTRATION OF INFRINGEMENT PENALTY

I,        [Name]    , an appropriate officer of  [Name of Enforcement Agency] certify that in respect of the child or each child referred to in a document provided under clause 3(1)(a) of Schedule 2A to the Children and Young Persons Act 1989 with this certificate, the penalty indicated in the document is the prescribed penalty and the following requirements and any other prescribed requirements have been satisfied—

(a)an infringement notice has been served on the child; and

(b)a penalty reminder notice has been served on the child after the end of the time specified in the infringement notice as the time within which the infringement penalty may be paid; and

(c)a period of at least 28 days has passed since the penalty reminder notice was served; and

(d)the infringement penalty and any prescribed costs had not been paid, whether in full or in part, before this certificate was issued; and

(e)if a payment plan under the Infringements Act 2006 applies to the child in relation to the infringement penalty, the child has defaulted in making a payment under the payment plan and a specified amount still remains to be paid under that payment plan; and

(f)if a part payment of the infringement penalty and prescribed costs has been made (otherwise than under a payment plan under the Infringements Act 2006) but no further payment has been made and a specified amount still remains to be paid; and

(g)the child has not, under Part 2 of the Infringements Act 2006 elected to have the matter of the infringement offence heard and determined in the Court; and

(h)a charge in relation to the offence has not been filed; and

(i)a charge may still be filed in relation to the offence, having regard to the time when the offence is alleged to have been committed; and

(j)if the infringement notice was served under section 87 of the Road Safety Act 1986, the child was at the time of the alleged offence—

(i)the owner of the vehicle within the meaning of Part 7 of that Act; or

(ii)the person in charge of the vehicle as shown in a statement or declaration supplied in accordance with section 86(3)(a), 86(3)(aab) or 86(3)(ab) of that Act; and

(k)if the infringement notice was issued in respect of an offence to which section 66 of the Road Safety Act 1986 applies, the child was at the time of the alleged offence—

(i)the owner of the motor vehicle within the meaning of section 66 of that Act; or

(ii)the driver of the motor vehicle as shown in a statement or declaration supplied in accordance with section 66(3)(a), 66(3)(aab) or 66(3)(ab) of that Act; and

(l)if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995, the child was at the time of the alleged offence—

(i)the owner of the vehicle within the meaning of Part 4 of that Act; or

(ii)the driver of the vehicle as shown in a statement or declaration supplied in accordance with section 87(3)(a), 87(3)(aab) or 87(3)(ab) of that Act; and

(m)if the infringement notice was issued in respect of an offence under section 204 of the EastLink ProjectAct 2004, the child was at the time of the trip to which the alleged offence relates—

(i)the owner of the vehicle within the meaning of that Act; or

(ii)the driver of the vehicle as shown in a statement supplied under section 199 or 219 of that Act.

Signed on behalf of the Enforcement Agency by:

Appropriate Officer:

Print Name:

Date:

*delete if not applicable.

__________________".

19.Cancellation of an infringement penalty

For Form 3 of Schedule 8 to the Principal Regulations substitute—

"FORM 3

Regulation 21(3)

Children and Young Persons Act 1989

(Schedule 2A clause 5(1))

CANCELLATION OF AN INFRINGEMENT PENALTY

Infringement No.:

Date:

Enforcement agency:

Child's name:

Address:

To the Registrar of the Children's Court at [venue]

The enforcement agency in this matter requests that you cancel the infringement penalty identified by this form.

Signed on behalf of the
enforcement agency by:

Name:

Date:

__________________".

20.Application for order that payment of fine not be enforced

For Form 4 of Schedule 8 to the Principal Regulations substitute—

"FORM 4

Regulation 21(4)

Children and Young Persons Act 1989

(Schedule 2A clause 6(4))

APPLICATION FOR ORDER THAT PAYMENT OF REGISTERED AMOUNT NOT BE ENFORCED

Registration No.:

Date of registration:

Child's name:

Date of birth:

Address:

Description of offence:

Place of offence:

Date of offence:

Enforcement agency:

Registered amount: $

I, [Name of child] , apply to the Registrar of the Children's Court of Victoria for an order that payment of the above registered amount not be enforced.

* Details of my employment, school attendance and personal and financial circumstances are as follows

OR

* I have already provided details in writing to the Registrar of my employment, school attendance and personal and financial circumstances

I am aware that a copy of this application together with any information provided under clause 6(3) of Schedule 2A to the Children and Young Persons Act 1989 will be provided to the enforcement agency that issued the infringement notice if an order is made that payment of the above registered amount not be enforced.

Signed:

Name:

Date:

*delete if not applicable.

__________________".

21.Notice of enforcement order

For Form 5 of Schedule 8 to the Principal Regulations substitute—

"FORM 5

Regulation 21(5)

Children and Young Persons Act 1989

(Schedule 2A clause 9(1))

NOTICE OF ENFORCEMENT ORDER

COURT REFERENCE NUMBER:

DATE OF REGISTRATION:

DETAILS OF CHILD

Surname:   Other Names:  

Date of Birth:

Address:    

Suburb:   Postcode:

DETAILS OF INFRINGEMENT NOTICE

Description of offence:    

*Act/*Statutory Rule/*Local Law/*Subordinate Instrument/ *Commonwealth Act or any Act of another State or Territory or any subordinate instrument under such an Act that applies as a law of Victoria/*Code: 

Infringement Notice No.:

Time of offence:          Date of offence:

Place of offence:         Date of Issue of Infringement Notice:

ENFORCEMENT AGENCY DETAILS

Informant's Name:

Agency:    

Address:

DETAILS OF ORDER

On     [date]     , at      [venue]      the following orders were made:

Dated:

for Registrar

Failure to make the payment required in this order or to make an application to the Registrar (see Notes) may result in further proceedings in the Children's Court.

Methods of payment (insert details)

WARNING:

DO NOT IGNORE THIS NOTICE OR MORE SERIOUS PENALTIES MAY BE IMPOSED.

Note:

(1)You may apply to the registrar of the Children's Court at [venue] for one or more of the following—

(a)an order that the time within which the registered amount is to be paid be extended; or

(b)an order that the registered amount be paid by instalments; or

(c)an order for the variation of an instalment order.

(2)If this order requires you to make any payment, you have 28 days after the date of this notice to apply in writing to the Court for a review of the registrar's order.

(3)If this order is that payment of the registered amount not be enforced, the enforcement agency listed on this notice has 14 days after the date of this notice to apply to the Court for a review of the registrar's order.

(4)If this order relates to a traffic infringement within the meaning of the Road Safety Act 1986, it does not prevent the incurring of demerit points under section 25 of that Act in relation to that infringement.

*delete if not applicable.".

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ENDNOTES

[1] Reg. 3: S.R. No. 88/2001 as amended by S.R. No. 139/2005.