Victorian Numbered Acts Victorian Numbered ActsAfter section 16D of the Children and Young Persons Act 1989 insert —
(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.
Despite anything to the contrary in this Act, the Neighbourhood Justice
Division may only sit and act—
s. 8
(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.
(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 .
(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.
(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.'.