After section 4E of the Magistrates' Court Act 1989 insert —
For the purposes of sections 4E(b) and (ba), the circumstances are—
(a) the accused is Aboriginal; and
(b) the offence to which the sentence relates is within the jurisdiction of the Magistrates' Court, other than—
(i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991 ; or
(ii) a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; or
(iii) a contravention of a personal safety intervention order under the Personal Safety Intervention Orders Act 2010 or an offence arising out of the same conduct as that out of which the contravention arose; and
(c) in the case of an offence constituted by a contravention of a sentence referred to in section 4E(b) or (ba), the accused—
(i) intends to plead guilty to the offence; or
(ii) pleads guilty to the offence; or
(iii) intends to consent to the adjournment, under section 59 of the Criminal Procedure Act 2009 , of the proceeding to enable the accused to participate in a diversion program; and
(d) the accused consents to the proceeding being dealt with by the Koori Court Division.".