Untitled document
Children and Young Persons (Appointment of
President) Act 2000
Act No. 36/2000
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Constitution of, and arrangements for, Children's Court 2 5. New section 12 substituted 2
12. President 2
6. Acting President 4 7. Assignment of duties and delegation 5 8. New section 13B inserted 5
13B. Protection of President 5
9. New section 14A inserted 5
14A. Annual report 5
10. Restriction on publication of proceedings 6 11. Appeals (Family Division) 6 12. Appeals (Criminal Division) 7 13. Supreme Court—limitation of jurisdiction 10 14. Rules 10 15. New section 280D inserted 10 280D. Practice notes 10 16. Transitional provisions 10 17. Appeals under Crimes (Family Violence) Act 1987 11 18. New section 25B inserted 12
25B. Supreme Court—limitation of jurisdiction 12
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NOTES 13
i
Victoria
No. 36 of 2000
Children and Young Persons
(Appointment of President) Act 2000†
[Assented to 6 June 2000]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Children and Young Persons Act 1989 to provide for the Children's Court to be presided over by a
President who is a judge of the County Court.
The Act also provides that appeals from the
Children's Court when constituted by the
President lie to the Supreme Court.
Children and Young Persons (Appointment of President) Act
2000
| s. 2 | Act No. 36/2000 |
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before 1 August 2000, it comes into operation on that day.
3. Principal Act
No. 56/1989.
| Reprint No. 5 | In this Act, the Children and Young Persons Act |
| as at 1 July | 1989 is called the Principal Act. |
| 1998. Further amended by Nos 10/1999, 12/1999 and 19/1999. |
4. Constitution of, and arrangements for, Children's Court
(1) In section 8(2) of the Principal Act, after "consist of" insert "a President,".
(2) In section 8(7) of the Principal Act, after
"constituted by" insert "the President or".
(3) In sections 9(1)(b) and (1A), 10 and 11(1) and (3)
of the Principal Act, for "Chief Magistrate"
substitute "President, after consulting the Chief
Magistrate,".
(4) In section 11(2) of the Principal Act, for "Chief Magistrate" substitute "President".
5. New section 12 substituted
For section 12 of the Principal Act substitute—
"12. President
(1) There is to be an office of President of the
Children's Court.
(2) The President must be a judge of the County
Court who is appointed by the Governor in
Council on the recommendation of the
Children and Young Persons (Appointment of President) Act
2000
Act No. 36/2000 s. 5 Attorney-General made after consultation
with the Chief Judge.
(3) Subject to this Act, the President holds
office—
(a) for the term (not exceeding 5 years) of appointment, and is eligible for re- appointment; and
(b)
on any other terms and conditions that are specified in his or her instrument of appointment.
(4) The appointment of a judge of the County
Court as President does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge.
(5) Nothing in sub-section (4) limits the power of the Governor in Council to specify in the instrument of appointment of the President terms and conditions of appointment (other than as to salary or allowances), whether or not inconsistent with rights or privileges that
he or she has as a judge.
(6) Service in the office of President must be taken for all purposes to be service in the office of judge of the County Court.
(7) Nothing in this Act prevents a judge of the County Court appointed as President from constituting the County Court for the
purpose of the exercise by the County Court
of any of its functions.
(8) The President may exercise any power
conferred on a magistrate by or under this or
any other Act.
Children and Young Persons (Appointment of President) Act
2000
| s. 6 | Act No. 36/2000 |
(9) The Public Sector Management and
Employment Act 1998 does not apply to the
President in respect of the office of
President.(10) The office of President becomes vacant if he
or she ceases to hold the office of judge of
the County Court.".
6. Acting President
(1) In section 12A(1) of the Principal Act—
(a) for "Chief Magistrate" substitute
"President";(b) for "Acting Children's Court Senior Magistrate" substitute "Acting President"; (c) in paragraph (a) for "the Children's Court Senior Magistrate" substitute "President"; (d) in paragraph (b) for "Children's Court Senior substitute "President".
(2) In section 12A(2) of the Principal Act—
(a)
for "Chief Magistrate" (where secondly occurring) substitute "President";
(b)
for "Children's Court Senior Magistrate" (wherever occurring) substitute "President".
(3) In section 12A(3) of the Principal Act—
(a)
for "Chief Magistrate" (where secondly occurring) substitute "President";
(b)
for "Children's Court Senior Magistrate" substitute "President".
(4) In section 12A(4) of the Principal Act, for
"Children's Court Senior Magistrate" (wherever
occurring) substitute "President".
Children and Young Persons (Appointment of President) Act
2000
Act No. 36/2000 s. 7 (5) In section 12A of the Principal Act, after sub-
section (4) insert—
"(5) Service in the office of Acting President
must not be taken to be service in the office
of judge of the County Court.".
7. Assignment of duties and delegation
(1) In section 13(1) and (2) of the Principal Act, for "Chief Magistrate" substitute "President".
(2) In section 13 of the Principal Act, after sub-
section (2) insert—
"(3) Nothing in section 13 of the Magistrates'Court Act 1989 gives the Chief Magistrate any power to assign duties to a magistrate for the Court in respect of his or her office as a magistrate for the Court.".
(3) In section 13A of the Principal Act, for "Chief
Magistrate" substitute "President".
8. New section 13B inserted
After section 13A of the Principal Act insert—
"13B. Protection of President
The President has in the performance of his or her duties as President the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.".
9. New section 14A inserted
After section 14 of the Principal Act insert—
"14A. Annual report
As soon as practicable in each year but not later than 31 October, the President must submit to the Governor a report containing—
Children and Young Persons (Appointment of President) Act
2000
| s. 10 | Act No. 36/2000 |
(a)
a review of the operation of the Court during the 12 months ending on the preceding 30 June; and
(b)
such other matters as are prescribed by regulations made under this Act.".
10. Restriction on publication of proceedings
(1) In section 26(1) of the Principal Act, for
"Children's Court Senior Magistrate" (where twice
occurring) substitute "President".
(2) In section 116(7)(ca) of the Principal Act, for
"Children's Court Senior Magistrate" substitute
"President".
11. Appeals (Family Division)
(1) In section 116(1) of the Principal Act, after "County Court" insert "or, if the Court was constituted by the President, to the Trial Division
of the Supreme Court".
(2) In section 116(5) of the Principal Act, after
"County Court" insert "or any right under this
section to appeal to the Trial Division of theSupreme Court".
(3) In section 116(6) of the Principal Act, after
"appeals" insert "to the County Court".
(4) In section 116 of the Principal Act, after sub-
section (6) insert—
"(6AA) The provisions of the Magistrates' Court
Act 1989 that apply to appeals to the County Court under this section by virtue of sub- section (6) (as modified by that sub-section) apply, with any other necessary modifications, to appeals to the Trial Division of the Supreme Court under this section as if—
Children and Young Persons (Appointment of President) Act
2000
Act No. 36/2000 s. 12
(a) a reference to the County Court were a reference to the Trial Division of the Supreme Court; (b) in section 86(2) the reference to section 74 of the County Court Act 1958 were a reference to section 17(2) of the Supreme Court Act 1986; (c) in section 88AA(2) the reference to the County Court Act 1958 were a reference to the Supreme Court Act 1986;
(d)
in clause 1(4) of Schedule 6 the reference to rules of the County Court were a reference to rules of the Supreme Court;
(e)
a reference to the registrar of the County Court were a reference to the prothonotary of the Supreme Court.".
(5) In section 116(7) of the Principal Act—
(a)
in paragraphs (a) and (ca), after "County Court" insert "or the Supreme Court (as the case requires)";
(b)
in paragraph (d), after "County Court" insert "or the prothonotary of the Supreme Court (as the case requires)".
12. Appeals (Criminal Division)
(1) In section 197(1) and (3) of the Principal Act,
after "County Court" insert "or, if the Court was constituted by the President, to the Trial Division of the Supreme Court".
(2) In section 197(2) of the Principal Act, after
"County Court" insert "or any right under this
section to appeal to the Trial Division of the
Supreme Court".
Children and Young Persons (Appointment of President) Act
2000
| s. 12 | Act No. 36/2000 |
(3) In section 197(4) of the Principal Act, after
"County Court" insert "or the Supreme Court (as
the case requires)".
(4) In section 197(5) of the Principal Act, after
"appeals" insert "to the County Court".
(5) In section 197 of the Principal Act, after sub-
section (5) insert—
"(5A) The provisions of the Magistrates' Court
Act 1989 that apply to appeals to the County Court under this section by virtue of sub- section (5) (as modified by that sub-section) apply, with any other necessary modifications, to appeals to the Trial Division of the Supreme Court under this section as if—
(a)
a reference to the County Court were a reference to the Trial Division of the Supreme Court;
(b)
in section 86(2) the reference to section 74 of the County Court Act 1958 were a reference to section 17(2) of the Supreme Court Act 1986;
(c)
in section 88AA(2) the reference to the County Court Act 1958 were a reference to the Supreme Court Act 1986;
(d)
in clause 1(4) of Schedule 6 the reference to rules of the County Court were a reference to rules of the Supreme Court;
(e)
a reference to the registrar of the County Court were a reference to the prothonotary of the Supreme Court.".
Children and Young Persons (Appointment of President) Act
2000
Act No. 36/2000 s. 12 (6) In section 197(6) and (7) of the Principal Act,
after "County Court" insert "or the Supreme
Court (as the case requires)".
(7) In section 197(8) of the Principal Act—
(a)
in paragraph (a), after "County Court" insert "or the Supreme Court (as the case requires)";
(b)
in paragraph (d), after "County Court" insert "or the prothonotary of the Supreme Court (as the case requires)".
(8) In section 197(9) of the Principal Act, after
"County Court" insert "or the Supreme Court (as
the case requires)".
(9) In section 198 of the Principal Act—
(a)
after "County Court" insert "or the Supreme Court";
(b) after paragraph (b) insert—
"; and
(c) modified by paragraphs (a) and (b) of
this section) to the hearing of an appeal
in a proceeding in the Criminal
Division of the Children's Court to the
County Court included a reference to
the hearing of an appeal in a proceedingthe reference in section 446(1) (as Children's Court to the Trial Division of the Supreme Court.".
(10) In section 199(2)(a), (4) and (5)(a)(i) of the
Principal Act, after "County Court" insert "or the
Supreme Court (as the case requires)".
Children and Young Persons (Appointment of President) Act
2000
| s. 13 | Act No. 36/2000 |
13. Supreme Court—limitation of jurisdiction
In section 279A of the Principal Act, after sub-
section (2) insert—"(3) It is the intention of section 13B to alter or
vary section 85 of the Constitution Act
1975.
(4) It is the intention of sections 116, 197 and
198, as amended by the Children and
Young Persons (Appointment of
President) Act 2000, to alter or vary section85 of the Constitution Act 1975.".
14. Rules
In sections 280A(1), 280B and 280C of the Principal Act, for "Chief Magistrate and the Children's Court Senior Magistrate" substitute
"President together with 2 or more magistrates for
the Court".
15. New section 280D inserted
After section 280C of the Principal Act insert—
"280D. Practice notes
(1) The President may from time to time issue practice directions, statements or notes for the Court in relation to proceedings in the Family Division or the Criminal Division or
any class of proceeding in the Family
Division or the Criminal Division.
(2) Practice directions, statements or notes
issued under sub-section (1) must not be
inconsistent with any provision made by orunder this or any other Act.".
16. Transitional provisions
Children and Young Persons (Appointment of President) Act
2000
Act No. 36/2000 s. 17 In Schedule 3 to the Principal Act, at the end of the Schedule insert—
"25. (1) The office of Children's Court Senior Magistrate is
abolished and the person holding that office
immediately before the commencement of
section 5 of the Children and Young Persons
(Appointment of President) Act 2000 goes out ofoffice.
(2) Any reference to the Children's Court Senior
Magistrate in any Act or in any subordinate
instrument within the meaning of the
Interpretation of Legislation Act 1984 must, so
far as it relates to any period after the
commencement of section 5 of the Children and
Young Persons (Appointment of President) Act
2000 and if not inconsistent with the context or
subject-matter, be construed as a reference to thePresident.
(3) The amendments of sections 9 and 11 of this Act made by section 4 of the Children and Young Persons (Appointment of President) Act 2000 do not affect the operation of any notice published under section 9 or assignment made under section 11 before the commencement of section 4 of that Act and any such notice or assignment has effect on and after that commencement as if it had been published or made by the President after consulting the Chief Magistrate. (4) The amendments of this Act made by section 14 of
the Children and Young Persons (Appointment
of President) Act 2000 do not affect the operation
of any rules of court made before the
commencement of that section under a provisionamended by that section.".
17. Appeals under Crimes (Family Violence) Act 1987
Children and Young Persons (Appointment of President) Act
2000
Act No. 36/2000
| No. 19/1987. | (1) In section 20(1) of the Crimes (Family Violence) |
| Reprint No. 4 | Act 1987, after "County Court" insert "(or, if the |
| as at | |
| 16 September | court was the Children's Court constituted by the |
| 1999. | President of that Court, to the Trial Division of the Supreme Court)". |
(2) In section 20(2) of the Crimes (Family Violence)
Act 1987, after "County Court" insert "or the
Supreme Court (as the case requires)".
(3) In section 21(1) of the Crimes (Family Violence) Act 1987, after "County Court" insert "(or, if the court was the Children's Court constituted by the President of that Court, to the Trial Division of the
Supreme Court)".
(4) In section 21(2)(e) of the Crimes (Family
Violence) Act 1987, after "County Court" insert "or the prothonotary of the Supreme Court (as the case requires)".
(5) In section 21(3), (4) and (6) of the Crimes
(Family Violence) Act 1987, after "County requires)".
18. New section 25B inserted
After section 25A of the Crimes (Family
Violence) Act 1987 insert—
"25B. Supreme Court—limitation of jurisdiction
It is the intention of sections 20 and 21, as
amended by section 17 of the Children and
Young Persons (Appointment of
President) Act 2000, to alter or vary section85 of the Constitution Act 1975.".
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Children and Young Persons (Appointment of President) Act
2000
Act No. 36/2000 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 4 May 2000
Legislative Council: 25 May 2000
The long title for the Bill for this Act was "to amend the Children and
Young Persons Act 1989 to provide for the Children's Court to be
presided over by a President who is a judge of the County Court, to
amend the Crimes (Family Violence) Act 1987 with respect to certainappeals under that Act and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 4 May 2000
Legislative Council: 25 May 2000
Absolute majorities:
Legislative Assembly: 24 May 2000
Legislative Council: 30 May 2000
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