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Courts Legislation (Neighbourhood Justice
Centre) Bill
Introduction Print
EXPLANATORY MEMORANDUM
General
The Bill will facilitate the operations of the Neighbourhood Justice Centre
scheduled to open in the City of Yarra in early 2007 by establishing specialist
Neighbourhood Justice Divisions in the Magistrates' Court and the Children's
Court.
The Neighbourhood Justice Centre is a three year pilot project that will
incorporate a multi-jurisdictional court and access to a range of support
services in the one location. It will act as a venue for the Magistrates' Court,
Children's Court, Victorian Civil and Administrative Tribunal and the
Victims of Crime Assistance Tribunal, with one principal magistrate hearing
cases from each of those jurisdictions. The magistrate will apply the
principles of therapeutic jurisprudence and restorative justice to these cases
where appropriate.
The Magistrates' Court and Children's Court will sit at the Neighbourhood
Justice Centre through the Neighbourhood Justice Divisions.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill. The Bill establishes
Neighbourhood Justice Divisions of the Magistrates' Court and
Children's Court and provides for their jurisdiction and
procedure, with the objectives of simplifying access to the justice
system and applying therapeutic and restorative approaches in the
administration of justice.
1
551425 BILL LA INTRODUCTION 7/6/2006
Clause 2 provides for the Bill to commence as follows--
· Part 1 is to commence on the day after the day on which
the Bill receives Royal Assent.
· Part 6, which contains the sunset provisions for the Bill,
is to commence on 31 December 2009.
The Neighbourhood Justice Centre is a three-year pilot
project that will cease on that date. The project will be
evaluated before that date to determine whether its
operation should be extended.
· The remaining provisions commence on proclamation,
or on 31 March 2007 if not proclaimed earlier. It is
expected that the Bill will be proclaimed in time for the
Divisions to commence operations at the
Neighbourhood Justice Centre in January 2007.
The amendments made by the Bill (a procedural statute) extend
to proceedings on foot at their commencement.
PART 2--AMENDMENT OF THE MAGISTRATES' COURT
ACT 1989
Clause 3 inserts definitions of "homeless person" and "Neighbourhood
Justice officer" into the Magistrates' Court Act 1989 for
the purposes of new sections 4O and 4Q respectively.
The Neighbourhood Justice officer will exercise powers and
perform functions in relation to the Neighbourhood Justice
Division, including providing information in relation to
sentencing where the magistrate considers it appropriate under
new section 4Q.
Clause 3(2) amends the definition of "proper venue" in the
Magistrates' Court Act 1989 to recognise the establishment of
the Neighbourhood Justice Division. If the Division has
jurisdiction in relation to a proceeding under new section 4O,
the venues at which the Division can sit and act under new
section 4N may be one of the proper venues for those
proceedings.
Clause 4 inserts new sections 4M to 4Q into the Magistrates' Court Act
1989 to provide for the establishment and operations of the
Neighbourhood Justice Division of the Magistrates' Court.
2
New section 4M establishes the Division and provides for its
constitution and powers. In particular, new section 4M--
· limits the magistrates who can sit in the Division to
those assigned by the Chief Magistrate. In assigning a
magistrate, the Chief Magistrate must have regard to the
magistrates' knowledge of or experience with the
principles of therapeutic jurisprudence and restorative
justice, reflecting the importance of these principles to
the Neighbourhood Justice Centre. In assigning a
magistrate to the Division, the Chief Magistrate must
consult the President of the Children's Court;
· establishes some guiding principles for the Division's
operation, including a requirement that it operate with
minimal formality and technicality.
New section 4N determines where the Division can sit.
The Division will be able to sit at Magistrates' Court venues
gazetted by the Chief Magistrate. The Division will also be able
to sit at any place within a municipal district gazetted by the
Minister. This will give the magistrate the discretion to sit at
places in the local community apart from the Court building if
appropriate.
New section 4O sets out the jurisdiction of the Division.
Section 4O(2) requires there to be a link between the proceeding
and the local community. The Division will be able to hear
criminal proceedings if the defendant--
· resides in the municipal district gazetted by the
Minister;
· is a homeless person who is either alleged to have
committed the offence in the municipal district, or who
is living in the municipal district in a type of
accommodation referred to in the definition of
"homeless person"; or
· is an Aborigine with a close connection to the municipal
district who is alleged to have committed the offence in
that district. "Close connection" is defined in
section 4O(1).
3
The Division will be able to hear civil proceedings or
proceedings under the Crimes (Family Violence) Act 1987 if--
· at least one of the parties resides in the municipal
district;
· at least one of the parties is a homeless person and the
Court considers it appropriate to deal with the matter in
the Division;
· at least one of the parties is an Aborigine with a close
connection to the district and the Court considers it
appropriate to deal with the matter in the Division; or
· the whole or a material part of the cause of action or
claim arose in the municipal district; or
· the whole or a material part of the allegations of family
violence occurred in the municipal district.
New sections 4O(3) and (4) set out the jurisdiction of the
Division--
· those criminal proceedings that are ordinarily heard by
the Magistrates' Court, with the exception of committal
proceedings and proceedings for sexual offences
defined in section 6B(1) of the Sentencing Act 1991.
This jurisdiction includes breaches of sentencing orders,
applications under the Bail Act 1977 and jurisdiction
conferred by other Acts with respect to criminal
proceedings;
· civil proceedings that are ordinarily heard by the
Magistrates' Court, such as proceedings under the
Fences Act 1968, that are specified in court rules. It is
expected that court rules will be made to specify the
civil proceedings the Division can hear following
further consultation with the local community; and
· proceedings under the Crimes (Family Violence) Act
1987.
New section 4P provides for the transfer of proceedings between
the Division and the Court sitting other than as the Division.
4
New section 4Q provides for sentencing procedure in the
Division. The Division will generally apply the same sentencing
procedure as the Magistrates' Court, subject to two exceptions--
· section 4Q(2) provides for the Division to inform itself
in any way it thinks fit when considering which
sentencing order to make, subject to the rules of natural
justice. This includes hearing from persons such as the
Neighbourhood Justice officer, health service providers
and community service providers;
· section 4Q(3) provides for the Division to be able to
defer sentencing an adult offender, irrespective of the
person's age. Section 83A of the Sentencing Act 1991
provides that the Magistrates' Court may defer
sentencing an offender aged 18 years or more but under
25 years of age. The Division will be able to defer
sentencing even if an offender is of or over 25 years of
age.
Clause 5 inserts new sections 16(1A)(ha) to (hc) into the Magistrates'
Court Act 1989. These new paragraphs provide for the making
of court rules in relation to--
· the civil proceedings that the Neighbourhood
Justice Division may hear and determine under new
section 4O(3)(d);
· any matter relating to the practice and procedure of the
Division; and
· the transfer of proceedings under new section 4P.
PART 3--AMENDMENT OF THE CHILDREN AND YOUNG
PERSONS ACT 1989
The Children and Young Persons Act 1989 will be repealed by section 601
of the Children, Youth and Families Act 2005. Section 601 has not yet
commenced operation. In case section 601 does not commence operation
before the commencement of this Bill, Part 3 amends the Children and
Young Persons Act 1989 to provide for the establishment and operations of
the Neighbourhood Justice Division in the Children's Court prior to that time.
Clause 6 inserts definitions of "Children's Neighbourhood Justice officer"
and "homeless person" into the Children and Young Persons
Act 1989 for the purposes of new sections 16I and 16G
respectively. The Children's Neighbourhood Justice officer will
exercise powers and perform functions in relation to the Division,
5
including providing information in relation to sentencing where
the magistrate considers it appropriate under new section 16I.
Clause 6(2) amends the definition of "proper venue" in the
Children and Young Persons Act 1989 to recognise the
establishment of the Neighbourhood Justice Division. If the
Neighbourhood Justice Division has jurisdiction in relation to a
proceeding under new section 16G, the venues at which the
Division can sit and act under new section 16F may be one of the
proper venues for those proceedings.
Clause 6(3) amends section 3(6) of the Children and Young
Persons Act 1989 to provide that references to the Criminal
Division of the Children's Court in that Act should also be read as
including references to the Neighbourhood Justice Division of
the Children's Court.
Clause 7 amends section 8(3) of the Children and Young Persons Act
1989, which lists the Divisions of the Children's Court, to include
the new Neighbourhood Justice Division.
Clause 8 inserts new sections 16E to 16I into the Children and Young
Persons Act 1989 to provide for the operations of the
Neighbourhood Justice Division of the Children's Court.
New section 16E provides for the constitution and powers of the
Division. In particular, new section 16E--
· limits the magistrates who can sit in the Division to
those assigned by the President of the Children's Court.
In assigning a magistrate, the President must have
regard to the magistrate's knowledge of or experience
with the principles of therapeutic jurisprudence and
restorative justice, reflecting the importance of these
principles to the Neighbourhood Justice Centre.
In assigning a magistrate to the Division, the President
must consult the Chief Magistrate; and
· establishes guiding principles for the operation of the
Division, requiring it to operate with minimal formality
and technicality. This section operates in addition to
other provisions, such as section 18 of the Children
and Young Persons Act 1989, which requires the
Court to take steps to ensure that proceedings are
comprehensible.
6
New section 16F determines where the Division can sit.
The Division will be able to sit at those Children's Court venues
gazetted by the President. The Division will also be able to sit at
other places within a municipal district gazetted by the Minister.
This will give the magistrate the discretion to sit at places in the
local community apart from the Court building if appropriate.
New section 16G sets out the jurisdiction of the Division.
Section 16G(2) provides that the Division may only hear
proceedings if the child consents. Section 16G(3) requires there
to be a link between the proceeding and the local community.
The Division will be able to hear criminal proceedings if the
child--
· resides in the municipal district gazetted by the
Minister;
· is a homeless person who is either alleged to have
committed the offence in the district or who is living in
the municipal district in a type of accommodation
referred to in the definition of "homeless person"; or
· is an Aborigine with a close connection to the district
who is alleged to have committed the offence in
the district. "Close connection" is defined in
section 16G(1).
The Division will be able to hear proceedings under the Crimes
(Family Violence) Act 1987 if--
· at least one of the parties resides in the municipal
district;
· at least one of the parties is a homeless person and the
Court considers it appropriate to deal with the matter in
the Division;
· at least one of the parties is an Aborigine with a close
connection to the district and the Court considers it
appropriate to deal with the matter in the Division; or
· the whole or a material part of the allegations of family
violence occurred in the municipal district.
7
Sections 16G(4) and (5) set out the jurisdiction of the Division--
· those criminal proceedings that are ordinarily heard by
the Children's Court with the exception of committal
proceedings and proceedings for sexual offences
defined in section 6B(1) of the Sentencing Act 1991.
This jurisdiction includes breaches of sentencing orders
and jurisdiction conferred on the Court by other Acts,
such as Part III of the Crimes Act 1958; and
· those proceedings that can be heard by the Children's
Court under the Crimes (Family Violence) Act 1987.
New section 16H provides for the transfer of proceedings
between the Division and the Court sitting other than as the
Division. Proceedings can only be transferred to the Division if
the child consents.
New section 16I provides for sentencing procedure in the
Division. The Division will generally apply the same sentencing
procedure as the Criminal Division of the Children's Court.
Section 16I(2), however, provides for the Division to consider a
wider range of material when considering which sentencing order
to make, subject to the rules of natural justice. The Division may
inform itself in any way it thinks fit. This includes hearing from
persons such as the Children's Neighbourhood Justice officer, a
health service provider or a community service provider.
Clause 9 amends section 26(1)(a)(i) of the Children and Young Persons
Act 1989, which restricts the publication of reports identifying
the venue of the Children's Court at which a proceeding was
heard, to provide that reports may identify that a proceeding was
heard by the Neighbourhood Justice Division.
Clause 10 inserts new section 280BB into the Children and Young
Persons Act 1989 to provide for the making of court rules in
relation to any matter relating to the practice and procedure of the
Division and in relation to the transfer of proceedings under new
section 16H.
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PART 4--AMENDMENT OF THE CHILDREN, YOUTH AND
FAMILIES ACT 2005
Clause 11 inserts definitions of "Children's Neighbourhood Justice officer"
and "homeless person" into the Children, Youth and Families
Act 2005 for the purposes of new sections 520E and 520C
respectively. The Children's Neighbourhood Justice officer will
exercise powers and perform functions in relation to the Division,
including providing information in relation to sentencing where
the magistrate considers it appropriate under new section 520E.
Clause 11(2) amends the definition of "proper venue" in the
Children, Youth and Families Act 2005 to recognise the
establishment of the Neighbourhood Justice Division. If the
Division has jurisdiction in relation to a proceeding under new
section 520C, the venues at which the Division can sit and act
under new section 520B may be one of the proper venues for
those proceedings.
Clause 11(3) amends section 3(4) of the Children, Youth and
Families Act 2005 to provide that references to the Criminal
Division of the Children's Court in that Act should also be read as
including references to the Neighbourhood Justice Division of
the Children's Court.
Clause 12 amends section 504(3) of the Children, Youth and Families Act
2005, which lists the Divisions of the Children's Court, to include
the new Neighbourhood Justice Division.
Clause 13 inserts new sections 520A to 520E into the Children, Youth and
Families Act 2005 to provide for the operations of the
Neighbourhood Justice Division of the Children's Court.
New section 520A provides for the constitution and powers of
the Division. In particular, new section 520A--
· limits the magistrates who can sit in the Division to
those assigned by the President of the Children's Court.
In assigning a magistrate, the President must have
regard to the magistrates' knowledge of or experience
with the principles of therapeutic jurisprudence and
restorative justice, reflecting the importance of these
principles to the Neighbourhood Justice Centre.
In assigning a magistrate to the Division, the President
must consult the Chief Magistrate; and
9
· establishes guiding principles for the operation of the
Neighbourhood Justice Division, requiring it to operate
with minimal formality and technicality. This section
operates in addition to other provisions, such as
section 522 of the Children, Youth and Families Act
2005, which require the Court to take steps to ensure
that proceedings are comprehensible.
New section 520B provides for the places where the Division can
sit. The Division will be able to sit at those Children's Court
venues gazetted by the President. The Division will also be able
to sit at other places within a municipal district gazetted by the
Minister. This will give the magistrate the discretion to sit at
places in the local community apart from the Court building if
appropriate.
New section 520C into the Children, Youth and Families Act
2005 sets out the jurisdiction of the Division. Section 520C(2)
provides that the Division may only hear cases if the child
consents. Section 520C(3) requires there to be a link between the
proceeding and the local community. The Division will be able
to hear criminal proceedings if the child--
· resides in the municipal district gazetted by the
Minister;
· is a homeless person who is either alleged to have
committed the offence in the district, or who is living in
the municipal district in a type of accommodation
referred to in the definition of "homeless person"; or
· is an Aboriginal person with a close connection to the
district and is alleged to have committed the offence
in the district. "Close connection" is defined in
section 520C(1).
The Division will be able to hear proceedings under the Crimes
(Family Violence) Act 1987 if--
· at least one of the parties resides in the municipal
district;
· at least one of the parties is a homeless person and the
Court considers it appropriate to deal with the matter;
10
· at least one of the parties is an Aboriginal person who
has a close connection to the district and the Court
considers it appropriate to deal with the matter; or
· the whole or a material part of the allegations of family
violence occurred in the municipal district.
Sections 520C (4) and (5) set out the jurisdiction of the
Division--
· those criminal proceedings that are ordinarily heard by
the Children's Court, with the exception of committal
proceedings and proceedings for sexual offences
defined in section 6B(1) of the Sentencing Act 1991.
This jurisdiction includes breaches of sentencing orders
and jurisdiction conferred on the Court by other Acts,
such as Part III of the Crimes Act 1958; and
· those proceedings that can be heard by the Children's
Court under the Crimes (Family Violence) Act 1987.
New section 520D provides for the transfer of proceedings
between the Division and the Court sitting other than as the
Division. Proceedings can only be transferred to the Division if
the child consents.
New section 520E provides for sentencing procedure in the
Division. The Division will generally apply the same sentencing
procedure as the Criminal Division of the Children's Court.
Section 520E(2), however, provides for the Division to consider a
wider range of material when considering which sentencing order
to make, subject to the rules of natural justice. The Division may
inform itself in any way it thinks fit. This includes hearing from
persons such as the Children's Neighbourhood Justice officer, a
health service provider or a community service provider.
Clause 14 amends section 534(1)(a)(i) of the Children, Youth and
Families Act 2005, which restricts the publication of reports
identifying the venue of the Children' Court at which a
proceeding was heard, to provide that reports may identify that a
proceeding was heard at the Neighbourhood Justice Division.
Clause 15 inserts new section 590A into the Children, Youth and Families
Act 2005 to provide for the making of court rules in relation to
any matter relating to the practice and procedure of the Division
and in relation to the transfer of proceedings under new
section 520D.
11
PART 5--AMENDMENT OF THE CRIMES (FAMILY
VIOLENCE) ACT 1987
Clause 16 amends section 3A(5) of the Crimes (Family Violence) Act
1987 to state that references to the Children's Court and
Magistrates' Court in that Act include the Neighbourhood Justice
Divisions of those Courts.
PART 6--REPEAL OF NEIGHBOURHOOD JUSTICE
CENTRE PROVISIONS
Part 6 of the Bill provides for the sunsetting of the Bill by reversing the
amendments made by Parts 2 to 5 of the Bill.
Clause 17 reverses the amendments made to the Magistrates' Court Act
1989 by Part 2 of the Bill.
Clause 18 reverses the amendments made to the Children and Young
Persons Act 1989 by Part 3 of the Bill, assuming that this Act
has not been repealed prior to the sunset date.
Clause 19 reverses the amendments made to the Children, Youth and
Families Act 2005 by Part 4 of the Bill.
Clause 20 reverses the amendments made to the Crimes (Family Violence)
Act 1987 by Part 5 of the Bill.
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