Victorian Numbered Acts Victorian Numbered ActsAfter section 4L of the Magistrates' Court Act 1989 insert —
(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.
Despite anything to the contrary in this Act, the Neighbourhood Justice
Division may only sit and act—
s. 4
(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.
(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 .
(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.
(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.'.