Untitled document
Courts Legislation (Neighbourhood Justice Centre) Act 2006
Act No. 51/2006
table of provisions
Section Page
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Amendment of the Magistrates' Court Act 1989
3.Definitions
4.New sections 4M to 4Q inserted
4M.Establishment of Neighbourhood Justice Division
4N.Places where Neighbourhood Justice Division may sit and act
4O.Jurisdiction of Neighbourhood Justice Division
4P.Transfer of proceedings
4Q.Sentencing procedure in Neighbourhood Justice
Division
5.Rules of Court
Part 3—Amendment of the Children and Young Persons Act 1989
6.Definitions
7.Establishment of Neighbourhood Justice Division of Children's Court
8.New sections 16E to 16I inserted
16E.Neighbourhood Justice Division
16F.Places where Neighbourhood Justice Division may sit and act
16G.Jurisdiction of Neighbourhood Justice Division
16H.Transfer of proceedings
16I.Sentencing procedure in Neighbourhood Justice
Division
9.Restriction on publication of proceedings
10.New section 280BB inserted
280BB.Rules of court—Neighbourhood Justice Division
Part 4—Amendment of the Children, Youth and Families Act 2005
11.Definitions
12.Establishment of Neighbourhood Justice Division of Children's Court
13.New sections 520A to 520E inserted
520A.Neighbourhood Justice Division
520B.Places where Neighbourhood Justice Division may sit and act
520C.Jurisdiction of Neighbourhood Justice Division
520D.Transfer of proceedings
520E.Sentencing procedure in Neighbourhood Justice
Division
14.Restriction on publication of proceedings
15.New section 590A inserted
590A.Rules of court—Neighbourhood Justice Division
Part 5—Amendment of Crimes (Family Violence) Act 1987
16.Jurisdiction of Children's Court
Part 6—Repeal of Neighbourhood Justice Centre Provisions
17.Magistrates' Court Act 1989
18.Children and Young Persons Act 1989
19.Children, Youth and Families Act 2005
20.Crimes (Family Violence) Act 1987
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Endnotes
Courts Legislation (Neighbourhood Justice Centre) Act 2006
[Assented to 15 August 2006]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The purposes of this Act are—
(a)to amend the Magistrates' Court Act 1989, the Children and Young Persons Act 1989 and the Children, Youth and Families Act 2005 to establish Neighbourhood Justice Divisions of the Magistrates' Court and the Children's Court; and
(b)to provide for the jurisdiction and procedure of those Divisions—
with the objectives of simplifying access to the justice system and applying therapeutic and restorative approaches in the administration of justice.
2.Commencement
(1)This Part comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Part 6 of this Act comes into operation on 31 December 2009.
(3)Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(4)If a provision of this Act does not come into operation before 31 March 2007, it comes into operation on that day.
__________________
Part 2—Amendment of the Magistrates' Court Act 1989
3.Definitions
(1)In section 3(1) of the Magistrates' Court Act 1989 insert the following definitions—
' "homeless person" means—
(a)a person living in—
(i)crisis accommodation; or
(ii)transitional accommodation; or
(iii)any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or
(b)a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth;
"Neighbourhood Justice officer" means a person who—
(a)is employed under Part 3 of the Public Administration Act 2004; and
(b)exercises powers or performs functions in relation to the Neighbourhood Justice Division of the Court;'.
(2)In section 3(1) of the Magistrates' Court Act 1989, in the definition of "proper venue"—
(a)in paragraphs (a) and (b), for "subject to paragraph (c)" substitute "subject to paragraphs (c) and (e)";
(b)in paragraph (d), for "civil registry court;" substitute "civil registry court; and";
(c)after paragraph (d) insert—
"(e)in relation to a proceeding in respect of which the Neighbourhood Justice Division has jurisdiction—
(i)a venue of the Court determined in accordance with paragraph (a), (b), (c) or (d); or
(ii)a venue of the Court at which the Neighbourhood Justice Division may sit and act;".
4.New sections 4M to 4Q inserted
After section 4L of the Magistrates' Court Act 1989 insert—
'4M.Establishment of Neighbourhood Justice Division
(1)The Court has a Neighbourhood Justice Division.
(2)The Neighbourhood Justice Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction.
(3)Despite section 4(3), the Neighbourhood Justice Division shall only be constituted by a magistrate who has been assigned to that Division by the Chief Magistrate by notice published in the Government Gazette.
(4)Nothing in sub-section (3) prevents the Neighbourhood Justice Division being constituted by a judicial registrar in accordance with section 4(3AA).
(5)In assigning a magistrate to the Neighbourhood Justice Division, the Chief Magistrate must—
(a)have regard to the magistrate's knowledge of, or experience in the application of, the principles of therapeutic jurisprudence and restorative justice; and
(b)consult with the President of the Children's Court.
(6)The Neighbourhood Justice Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the Court permit.
(7)The Neighbourhood Justice Division must take steps to ensure that, so far as practicable, any proceeding before it is conducted in a way which it considers will make it comprehensible to the parties to the proceeding.
(8)Subject to this Act, the regulations and the rules, the Neighbourhood Justice Division may regulate its own procedure.
4N.Places where Neighbourhood Justice Division may sit and act
Despite anything to the contrary in this Act, the Neighbourhood Justice Division may only sit and act—
(a)at a venue of the Court specified by the Chief Magistrate by notice published in the Government Gazette; and
(b)if the Minister specifies a municipal district by notice published in the Government Gazette, at any place within that municipal district.
4O.Jurisdiction of Neighbourhood Justice Division
(1)In this section—
"close connection" means connection involving regular congregation for the purpose of social or community support;
"municipal district" means a municipal district specified under section 4N(b).
(2)The Neighbourhood Justice Division has the jurisdiction referred to in this section if—
(a)in the case of a criminal proceeding, the defendant—
(i)resides in the municipal district; or
(ii)is a homeless person who is alleged to have committed the offence in the municipal district; or
(iii)is a homeless person who is alleged to have committed the offence outside the municipal district but who is living in the municipal district in accommodation of the kind referred to in paragraph (a) of the definition of "homeless person" in section 3(1); or
(iv)is an Aborigine with a close connection to the municipal district and is alleged to have committed the offence in that district;
(b)in the case of a civil proceeding or a proceeding under the Crimes (Family Violence) Act 1987—
(i)at least one of the parties resides in the municipal district; or
(ii)at least one of the parties is—
(A)a homeless person; or
(B)an Aborigine with a close connection to the municipal district—
and the Court considers that it is appropriate to deal with the matter in the Neighbourhood Justice Division; or
(iii)the whole or a material part of the cause of action or claim arose in the municipal district; or
(iv)the whole or a material part of the allegations of family violence occurred in the municipal district.
(3)Subject to sub-section (4), the Neighbourhood Justice Division has—
(a)the jurisdiction of the Court given by section 25; and
(b)the jurisdiction given to the Court with respect to a criminal proceeding by or under any other Act; and
(c)jurisdiction to deal with a breach of a sentencing order made by it (including any offence constituted by such a breach) or variation of such a sentencing order; and
(d)the civil jurisdiction of the Court in respect of a cause of action or claim, or a class of cause of action or claim, or a proceeding, or a class of proceeding, specified in the rules; and
(e)the jurisdiction of the Court given by the Crimes (Family Violence) Act 1987.
(4)The Neighbourhood Justice Division does not have jurisdiction to deal with—
(a)a committal proceeding into an indictable offence; or
(b)a proceeding for a sexual offence as defined in section 6B(1) of the Sentencing Act 1991.
4P.Transfer of proceedings
(1)Subject to and in accordance with the rules—
(a)a proceeding may be transferred to the Neighbourhood Justice Division, whether sitting at the same or a different venue; and
(b)the Neighbourhood Justice Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the Court, sitting other than as the Neighbourhood Justice Division, at the same or a different venue.
(2)Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act.
4Q.Sentencing procedure in Neighbourhood Justice Division
(1)This section applies to the Neighbourhood Justice Division when it is considering which sentencing order to make in respect of a defendant.
(2)The Neighbourhood Justice Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by—
(a)a Neighbourhood Justice officer; or
(b)a community corrections officer appointed under Part 4 of the Corrections Act 1986; or
(c)the Secretary to the Department of Human Services; or
(d)a health service provider; or
(e)a community service provider; or
(f)a victim of the offence; or
(g)anyone else whom the Division considers appropriate.
(3)Despite section 83A(1)(a) of the Sentencing Act 1991, the Neighbourhood Justice Division may defer sentencing an offender under section 83A of that Act even if the offender is 25 years of age or older.
(4)Nothing in this section affects the requirement to observe the rules of natural justice.
(5)This section does not limit—
(a)any other power conferred on the Court by or under this or any other Act; or
(b)any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in determining a sentence.'.
5.Rules of Court
After section 16(1A)(h) of the Magistrates' Court Act 1989 insert—
"(ha)the causes of action or claims, or classes of causes of action or claims, or proceedings or classes of proceedings, that may be heard and determined in the Neighbourhood Justice Division of the Court;
(hb)any matter relating to the practice and procedure of the Neighbourhood Justice Division of the Court;
(hc)the transfer of proceedings to and from the Neighbourhood Justice Division of the Court;".
__________________
Part 3—Amendment of the Children and Young Persons Act 1989
6.Definitions
(1)In section 3(1) of the Children and Young Persons Act 1989 insert the following definitions—
' "Children's Neighbourhood Justice officer" means a person who—
(a)is employed under Part 3 of the Public Administration Act 2004; and
(b)exercises powers or performs functions in relation to the Neighbourhood Justice Division of the Court;
"homeless person" means—
(a)a person living in—
(i)crisis accommodation; or
(ii)transitional accommodation; or
(iii)any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or
(b)a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth;'.
(2)In section 3(1) of the Children and Young Persons Act 1989, in the definition of "proper venue"—
(a)in paragraph (b)(ii) for "committed;" substitute "committed; and";
(b)after paragraph (b) insert—
"(c)in relation to a proceeding in respect of which the Neighbourhood Justice Division has jurisdiction, means—
(i)a venue of the Court determined in accordance with paragraph (a) or (b); or
(ii)a venue of the Court at which the Neighbourhood Justice Division may sit and act;".
(3)In section 3(6) of the Children and Young Persons Act 1989, after "Division)" insert "and the Neighbourhood Justice Division".
7.Establishment of Neighbourhood Justice Division of Children's Court
In section 8(3) of the Children and Young Persons Act 1989—
(a)in paragraph (c), for "Division)." substitute "Division);"; and
(b)after paragraph (c) insert—
"(d)the Neighbourhood Justice Division.".
8.New sections 16E to 16I inserted
After section 16D of the Children and Young Persons Act 1989 insert—
'16E.Neighbourhood Justice Division
(1)The Neighbourhood Justice Division has all of the powers of the Court that are necessary to enable it to exercise its jurisdiction.
(2)Despite anything to the contrary in this Act, the Neighbourhood Justice Division may only be constituted by a magistrate who has been assigned to that Division by the President by notice published in the Government Gazette.
(3)In assigning a magistrate to the Neighbourhood Justice Division, the President must—
(a)have regard to the magistrate's knowledge of, or experience in the application of, the principles of therapeutic jurisprudence and restorative justice; and
(b)consult with the Chief Magistrate of the Magistrates' Court.
(4)The Neighbourhood Justice Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the proper consideration of the matters before the Court permit.
(5)Subject to this Act, the regulations and the rules, the Neighbourhood Justice Division may regulate its own procedure.
(6)Nothing in this section limits Division 3.
16F.Places where Neighbourhood Justice Division may sit and act
Despite anything to the contrary in this Act, the Neighbourhood Justice Division may only sit and act—
(a)at a venue of the Court specified by the President by notice published in the Government Gazette; and
(b)if the Minister specifies a municipal district by notice published in the Government Gazette, at any place within that municipal district.
16G.Jurisdiction of Neighbourhood Justice Division
(1)In this section—
"close connection" means connection involving regular congregation for the purpose of social or community support;
"municipal district" means a municipal district specified under section 16F(b).
(2)The Neighbourhood Justice Division only has jurisdiction under this section if the child consents to the proceeding being dealt with by the Division.
(3)The Neighbourhood Justice Division has the jurisdiction referred to in this section if—
(a)in the case of a criminal proceeding, the child—
(i)resides in the municipal district; or
(ii)is a homeless person who is alleged to have committed the offence in the municipal district; or
(iii)is a homeless person who is alleged to have committed the offence outside the municipal district but who is living in the municipal district in accommodation of the kind referred to in paragraph (a) of the definition of "homeless person" in section 3(1); or
(iv)is an Aborigine with a close connection to the municipal district and is alleged to have committed the offence in that district;
(b)in the case of a proceeding under the Crimes (Family Violence) Act 1987—
(i)at least one of the parties resides in the municipal district; or
(ii)at least one of the parties is—
(A)a homeless person; or
(B)an Aborigine with a close connection to the municipal district—
and the Court considers that it is appropriate to deal with the matter in the Neighbourhood Justice Division; or
(iii)the whole or a material part of the allegations of family violence occurred in the municipal district.
(4)Subject to sub-section (5), the Neighbourhood Justice Division has—
(a)the jurisdiction of the Court given by section 16; and
(b)the jurisdiction given to the Criminal Division by or under this or any other Act; and
(c)jurisdiction to deal with a breach of a sentencing order made by it (including any offence constituted by such a breach) or variation of such a sentencing order; and
(d)the jurisdiction of the Court given by the Crimes (Family Violence) Act 1987.
(5)The Neighbourhood Justice Division does not have jurisdiction to deal with—
(a)a committal proceeding into an indictable offence; or
(b)a proceeding for a sexual offence as defined in section 6B(1) of the Sentencing Act 1991.
16H.Transfer of proceedings
(1)Subject to and in accordance with the rules—
(a)a proceeding may be transferred to the Neighbourhood Justice Division, whether sitting at the same or a different venue, but only if the child consents to the proceeding being dealt with by the Division; and
(b)the Neighbourhood Justice Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the Court, sitting other than as the Neighbourhood Justice Division, at the same or a different venue.
(2)Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act.
16I.Sentencing procedure in Neighbourhood Justice Division
(1)This section applies to the Neighbourhood Justice Division when it is considering which sentencing order to make in respect of a child.
(2)Despite anything to the contrary in this Act, the Neighbourhood Justice Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by—
(a)a Children's Neighbourhood Justice officer; or
(b)a juvenile justice worker employed under Part 3 of the Public Administration Act 2004; or
(c)a health service provider; or
(d)a community service provider; or
(e)a victim of the offence; or
(f)a family member of the child; or
(g)anyone else whom the Division considers appropriate.
(3)Nothing in this section affects the requirement to observe the rules of natural justice.
(4)This section does not limit—
(a)any other power conferred on the Court by or under this or any other Act; or
(b)any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in determining sentence.
(5)Nothing in section 136 operates to limit this section.'.
9.Restriction on publication of proceedings
In section 26(1)(a)(i) of the Children and Young Persons Act 1989, after "Division)" insert "and the Neighbourhood Justice Division".
10.New section 280BB inserted
After section 280BA of the Children and Young Persons Act 1989 insert—
"280BB.Rules of court—Neighbourhood Justice Division
The President, together with 2 or more magistrates for the Court, may jointly make rules of court for or with respect to—
(a)any matter relating to the practice and procedure of the Neighbourhood Justice Division of the Court; and
(b)the transfer of proceedings to and from the Neighbourhood Justice Division of the Court.".
__________________
Part 4—Amendment of the Children, Youth and Families Act 2005
11.Definitions
(1)In section 3(1) of the Children, Youth and Families Act 2005—
(a)insert the following definitions—
' "Children's Neighbourhood Justice officer" means a person who—
(a)is employed under Part 3 of the Public Administration Act 2004; and
(b)exercises powers or performs functions in relation to the Neighbourhood Justice Division of the Court;
"homeless person" means—
(a)a person living in—
(i)crisis accommodation; or
(ii)transitional accommodation; or
(iii)any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or
(b)a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth;'.
(2)In section 3(1) of the Children, Youth and Families Act 2005, in the definition of "proper venue"—
(a)in paragraph (b)(ii) for "committed;" substitute "committed; and";
(b)after paragraph (b) insert—
"(c)in relation to a proceeding in respect of which the Neighbourhood Justice Division has jurisdiction, means—
(i)a venue of the Court determined in accordance with paragraph (a) or (b); or
(ii)a venue of the Court at which the Neighbourhood Justice Division may sit and act;".
(3)In section 3(4) of the Children, Youth and Families Act 2005, after "Division)" insert "and the Neighbourhood Justice Division".
12.Establishment of Neighbourhood Justice Division of Children's Court
In section 504(3) of the Children, Youth and Families Act 2005—
(a)in paragraph (c), for "Division)." substitute "Division);";
(b)after paragraph (c) insert—
"(d)the Neighbourhood Justice Division.".
13.New sections 520A to 520E inserted
After section 520 of the Children, Youth and Families Act 2005 insert—
'520A.Neighbourhood Justice Division
(1)The Neighbourhood Justice Division has all of the powers of the Court that are necessary to enable it to exercise its jurisdiction.
(2)Despite anything to the contrary in this Act, the Neighbourhood Justice Division may only be constituted by a magistrate who has been assigned to that Division by the President by notice published in the Government Gazette.
(3)In assigning a magistrate to the Neighbourhood Justice Division, the President must—
(a)have regard to the magistrate's knowledge of, or experience in the application of, the principles of therapeutic jurisprudence and restorative justice; and
(b)consult with the Chief Magistrate of the Magistrates' Court.
(4)The Neighbourhood Justice Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the proper consideration of the matters before the Court permit.
(5)Subject to this Act, the regulations and the rules, the Neighbourhood Justice Division may regulate its own procedure.
(6)Nothing in this section limits Part 7.3.
520B.Places where Neighbourhood Justice Division may sit and act
Despite anything to the contrary in this Act, the Neighbourhood Justice Division may only sit and act—
(a)at a venue of the Court specified by the President by notice published in the Government Gazette; and
(b)if the Minister specifies a municipal district by notice published in the Government Gazette, at any place within that municipal district.
520C.Jurisdiction of Neighbourhood Justice Division
(1)In this section—
"close connection" means connection involving regular congregation for the purpose of social or community support;
"municipal district" means a municipal district specified under section 520B(b).
(2)The Neighbourhood Justice Division only has jurisdiction under this section if the child consents to the proceeding being dealt with by the Division.
(3)The Neighbourhood Justice Division has the jurisdiction referred to in this section if—
(a)in the case of a criminal proceeding, the child—
(i)resides in the municipal district; or
(ii)is a homeless person who is alleged to have committed the offence in the municipal district; or
(iii)is a homeless person who is alleged to have committed the offence outside the municipal district but who is living in the municipal district in accommodation of the kind referred to in paragraph (a) of the definition of "homeless person" in section 3(1); or
(iv)is an Aboriginal person with a close connection to the municipal district and is alleged to have committed the offence in that district;
(b)in the case of a proceeding under the Crimes (Family Violence) Act 1987—
(i)at least one of the parties resides in the municipal district; or
(ii)at least one of the parties is—
(A)a homeless person; or
(B)an Aboriginal person with a close connection to the municipal district—
and the Court considers that it is appropriate to deal with the matter in the Neighbourhood Justice Division; or
(iii)the whole or a material part of the allegations of family violence occurred in the municipal district.
(4)Subject to sub-section (5) , the Neighbourhood Justice Division has—
(a)the jurisdiction of the Court given by section 516; and
(b)the jurisdiction given to the Criminal Division by or under this or any other Act; and
(c)jurisdiction to deal with a breach of a sentencing order made by it (including any offence constituted by such a breach) or variation of such a sentencing order; and
(d)the jurisdiction of the Court given by the Crimes (Family Violence) Act 1987.
(5)The Neighbourhood Justice Division does not have jurisdiction to deal with—
(a)a committal proceeding into an indictable offence; or
(b)a proceeding for a sexual offence as defined in section 6B(1) of the Sentencing Act 1991.
520D.Transfer of proceedings
(1)Subject to and in accordance with the rules—
(a)a proceeding may be transferred to the Neighbourhood Justice Division, whether sitting at the same or a different venue, but only if the child consents to the proceeding being dealt with by the Division; and
(b)the Neighbourhood Justice Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the Court, sitting other than as the Neighbourhood Justice Division, at the same or a different venue.
(2)Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act.
520E.Sentencing procedure in Neighbourhood Justice Division
(1)This section applies to the Neighbourhood Justice Division when it is considering which sentencing order to make in respect of a child.
(2)Despite anything to the contrary in this Act, the Neighbourhood Justice Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by—
(a)a Children's Neighbourhood Justice officer; or
(b)a youth justice officer; or
(c)a health service provider; or
(d)a community service provider; or
(e)a victim of the offence; or
(f)a family member of the child; or
(g)anyone else whom the Division considers appropriate.
(3)Nothing in this section affects the requirement to observe the rules of natural justice.
(4)This section does not limit—
(a)any other power conferred on the Court by or under this or any other Act; or
(b)any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in determining sentence.
(5)Nothing in section 358 operates to limit this section.'.
14.Restriction on publication of proceedings
In section 534(1)(a)(i) of the Children, Youth and Families Act 2005, after "Division)" insert "or the Neighbourhood Justice Division".
15.New section 590A inserted
After section 590 of the Children, Youth and Families Act 2005 insert—
"590A.Rules of court—Neighbourhood Justice Division
The President, together with 2 or more magistrates for the Court, may jointly make rules of court for or with respect to—
(a)any matter relating to the practice and procedure of the Neighbourhood Justice Division of the Court; and
(b)the transfer of proceedings to and from the Neighbourhood Justice Division of the Court.".
__________________
Part 5—Amendment of Crimes (Family Violence) Act 1987
16.Jurisdiction of Children's Court
For section 3A(5) of the Crimes (Family Violence) Act 1987 substitute—
'(5)In this section—
"Children's Court" includes the Neighbourhood Justice Division of that Court;
"Magistrates' Court" includes the Family Violence Court Division and the Neighbourhood Justice Division of that Court.'.
__________________
Part 6—Repeal of Neighbourhood Justice Centre Provisions
17.Magistrates' Court Act 1989
(1)In section 3(1) of the Magistrates' Court Act 1989, the definitions of "homeless person" and "Neighbourhood Justice Officer" are repealed.
(2)In section 3(1) of the Magistrates' Court Act 1989, in the definition of "proper venue"—
(a)in paragraphs (a) and (b), for "subject to paragraphs (c) and (e)" substitute "subject to paragraph (c);"
(b)in paragraph (d), for "civil registry court; and" substitute "civil registry court;";
(c)paragraph (e) is repealed.
(3)Sections 4M, 4N, 4O, 4P, 4Q, 16(1A)(ha), (hb) and (hc) of the Magistrates' Court Act 1989 are repealed.
18.Children and Young Persons Act 1989
(1)This section applies if, on the day on which this Part comes into operation, section 601 of the Children, Youth and Families Act 2005 has not yet come into operation.
(2)In section 3(1) of the Children and Young Persons Act 1989—
(a)the definitions of "Children's Neighbourhood Justice officer" and "homeless person" are repealed; and
(b)in the definition of "proper venue"—
(i)in paragraph (b)(ii), for "committed; and" substitute "committed;";
(ii)paragraph (c) is repealed.
(3)In section 3(6) of the Children and Young Persons Act 1989 omit "and the Neighbourhood Justice Division".
(4)In section 8(3) of the Children and Young Persons Act 1989—
(a)in paragraph (c), for "Division);" substitute "Division)."; and
(b)paragraph (d) is repealed.
(5)Sections 16E, 16F, 16G, 16H and 16I of the Children and Young Persons Act 1989 are repealed.
(6)In section 26(1)(a)(i) of the Children and Young Persons Act 1989 omit "and the Neighbourhood Justice Division".
(7)Section 280BB of the Children and Young Persons Act 1989 is repealed.
19.Children, Youth and Families Act 2005
(1)In section 3(1) of the Children, Youth and Families Act 2005—
(a)the definitions of "Children's Neighbourhood Justice officer" and "homeless person" are repealed; and
(b)in the definition of "proper venue"—
(i)in paragraph (b)(ii), for "committed; and" substitute "committed;";
(ii)paragraph (c) is repealed.
(2)In section 3(4) of the Children, Youth and Families Act 2005 omit "and the Neighbourhood Justice Division".
(3)In section 504(3) of the Children, Youth and Families Act 2005—
(a)in paragraph (c), for "Division);" substitute "Division)."; and
(b)paragraph (d) is repealed.
(4)Sections 520A, 520B, 520C, 520D and 520E of the Children, Youth and Families Act 2005 are repealed.
(5)In section 534(1)(a)(i) of the Children, Youth and Families Act 2005 omit "or the Neighbourhood Justice Division".
(6)Section 590A of the Children, Youth and Families Act 2005 is repealed.
20.Crimes (Family Violence) Act 1987
For section 3A(5) of the Crimes (Family Violence) Act 1987 substitute—
'(5)In this section, "Magistrates' Court" includes the Family Violence Court Division.'.
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EndnoteS
Minister's second reading speech—
Legislative Assembly: 7 June 2006
Legislative Council: 20 July 2006
The long title for the Bill for this Act was "to amend the Magistrates' Court Act 1989, the Children and Young Persons Act 1989 and the Children, Youth and Families Act 2005 to establish Neighbourhood Justice Divisions in the Magistrates' Court and the Children's Court and for other purposes."
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