Supreme Court (Miscellaneous Amendments) Rules 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Supreme Court (Miscellaneous Amendments) Rules 2015 S.R. No. 143/2015 TABLE OF PROVISIONS Rule Page Part 1—Preliminary 1 1 Object 1 2 Authorising provisions 1 3 Commencement 1 Part 2—Amendment of Chapter I 2 4 Authority 2 Part 3—Amendment of Chapter VI 3 5 Definitions—Order 1 3 6 Definitions—Order 5 3 7 Proper officer 3 8 Application 3 9 Application operates as stay 3 10 Enforcement of fines against a natural person 3 11 Enforcement of fines against body corporate 4 12 Forms 6–5A and 6–5B substituted 4 13 Forms 6–5C and 6–5D revoked 7 14 Form 6–5F amended 7 ═══════════════ Endnotes 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 143/2015 Supreme Court Act 1986 Sentencing Act 1991 Supreme Court (Miscellaneous Amendments) Rules 2015 The Judges of the Supreme Court make the following Rules: Part 1—Preliminary 1 Object The object of these Rules is to make miscellaneous amendments to Chapters I and VI of the Rules of the Supreme Court. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986, section 69ZF of the Sentencing Act 1991 and all other enabling powers. 3 Commencement These Rules come into operation on 1 December 2015. -- 2 of 10 -- Part 2—Amendment of Chapter I Supreme Court (Miscellaneous Amendments) Rules 2015 S.R. No. 143/2015 Authorised by the Chief Parliamentary Counsel 2 Part 2—Amendment of Chapter I 4 Authority After Rule 77.01(2)(a)(xi) of the Supreme Court (General Civil Procedure) Rules 20151 insert— "(xii) section 3.4.33 of the Legal Profession Act 2004 as in force immediately before its repeal, as continued in operation by clause 18 of Schedule 4 to the Legal Profession Uniform Law Application Act 2014;". -- 3 of 10 -- Part 3—Amendment of Chapter VI Supreme Court (Miscellaneous Amendments) Rules 2015 S.R. No. 143/2015 Authorised by the Chief Parliamentary Counsel 3 Part 3—Amendment of Chapter VI 5 Definitions—Order 1 In Rule 1.05 of the Supreme Court (Criminal Procedure) Rules 20082 , the definition of barrister is revoked. 6 Definitions—Order 5 In Rule 5.01 of the Supreme Court (Criminal Procedure) Rules 2008, in the definition of person in default, for "section 50(6)" substitute "section 55(1)". 7 Proper officer In Rule 5.02 of the Supreme Court (Criminal Procedure) Rules 2008, for "Division 4 of Part 3" substitute "Part 3B". 8 Application In Rule 5.03(1) of the Supreme Court (Criminal Procedure) Rules 2008, for "section 55" substitute "section 57, 60, 61(2) or 65". 9 Application operates as stay In Rule 5.04 of the Supreme Court (Criminal Procedure) Rules 2008, for "section 55" substitute "section 57, 60, 61(2) or 65". 10 Enforcement of fines against a natural person (1) In Rule 5.07 of the Supreme Court (Criminal Procedure) Rules 2008— (a) in paragraph (1), for "section 62(8)" substitute "section 69C(3)"; (b) in paragraph (4), for "section 64(1)" substitute "section 69M(1)"; (c) in paragraph (5)(a), for "section 64" substitute "section 69M". -- 4 of 10 -- Part 3—Amendment of Chapter VI Supreme Court (Miscellaneous Amendments) Rules 2015 S.R. No. 143/2015 Authorised by the Chief Parliamentary Counsel 4 (2) In Rule 5.07 of the Supreme Court (Criminal Procedure) Rules 2008, paragraphs (2) and (3) are revoked. 11 Enforcement of fines against body corporate In Rule 5.08 of the Supreme Court (Criminal Procedure) Rules 2008, for "section 66(3)" substitute "section 69Y(3)". 12 Forms 6–5A and 6–5B substituted For Forms 6–5A and 6–5B of the Supreme Court (Criminal Procedure) Rules 2008 substitute— "Rule 5.03(1) FORM 6–5A IN THE SUPREME COURT OF VICTORIA AT A.B. and C.D. APPLICATION FOR *INSTALMENT ORDER *TIME TO PAY ORDER *VARIATION OF INSTALMENT ORDER OR TIME TO PAY ORDER *FINE CONVERSION ORDER 1. I, [full name], of [address] [occupation] apply to the proper officer of the Court at for— *an order that the fine be paid by instalments. *an order that time be allowed for payment of the fine. *an order for the variation of the terms of an instalment order or a time to pay order. *an order to perform unpaid community work (a fine conversion order). 2. On I was ordered to pay a fine. 3. The Court ordered that I pay $ in fines and costs. 4. I *was/*was not present when the order was made. -- 5 of 10 -- Part 3—Amendment of Chapter VI Supreme Court (Miscellaneous Amendments) Rules 2015 S.R. No. 143/2015 Authorised by the Chief Parliamentary Counsel 5 5. The Court ordered that the fines and costs be paid— *by / /20 . *by instalments of $ to be paid on the day of each *week/*fortnight/*month. *did not make any order about payment. 6. I have made the following payments under the order— [here set out details of payments made]. 7. *I now want to pay the money I owe— *by [date] *by instalments of $ on the day of each *week/*fortnight/ *month starting on [date]. [or where application is for a fine conversion order] *I now apply for a fine conversion order requiring me to perform unpaid community work as directed by the Secretary (as defined in the Sentencing Act 1991) instead of paying the fine. I agree to comply with such an order. 8. At present I receive $ each week after tax has been deducted. 9. My weekly expenses are $ . 10. This leaves me with $ . Dated: [Signature of Applicant] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if not applicable -- 6 of 10 -- Part 3—Amendment of Chapter VI Supreme Court (Miscellaneous Amendments) Rules 2015 S.R. No. 143/2015 Authorised by the Chief Parliamentary Counsel 6 Rule 5.07(1) FORM 6–5B NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF FINES A warrant to arrest has been issued to the Sheriff for non-payment of the fine(s) imposed against you in the Supreme Court. A summary of the fine(s) and the total amount still outstanding is attached. You may obtain further details of the penalties from the Court. To do so, you must supply the Court reference which is also on the attached summary. YOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO OBTAIN: • AN INSTALMENT ORDER; OR • A TIME TO PAY ORDER; OR • A FINE DEFAULT UNPAID COMMUNITY WORK ORDER UNDER SECTION 69D OF THE SENTENCING ACT 1991 [see below]. Payment must be made to The Prothonotary, [insert address]. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF YOU CANNOT PAY You may apply to the proper officer of the Court for an order that the fine be paid by instalments, or an order that you be allowed time to pay the fine. If you do not pay the fine and do not make an application to the proper officer, you may apply under section 69D of the Sentencing Act 1991 to the Court for an order requiring you to perform unpaid community work instead of paying the fine (a fine default unpaid community work order). Under such an order, you would be required to perform one hour of unpaid work for each 0.2 penalty units or part of 0.2 penalty units of each fine outstanding. A minimum of 8 hours work as directed by the Secretary (as defined in the Sentencing Act 1991) would have to be performed, irrespective of the amount outstanding, up to a maximum of 500 hours. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF YOU DO NOT PAY OR TAKE ANY ACTION If you do not take any action, you will be arrested and brought before the Court. If the Court is satisfied that you have defaulted in payment for more than 28 days, it may— -- 7 of 10 -- Part 3—Amendment of Chapter VI Supreme Court (Miscellaneous Amendments) Rules 2015 S.R. No. 143/2015 Authorised by the Chief Parliamentary Counsel 7 * if you consent, make a fine default unpaid community work order requiring you to perform unpaid community work as directed by the Secretary for one hour for each 0.2 penalty units or part of 0.2 penalty units then remaining unpaid with a minimum of 8 and a maximum of 500 hours; or * order that you be imprisoned for one day for each penalty unit or part of a penalty unit then remaining unpaid with a maximum of 24 months; or * order that the amount of the fine then unpaid be levied under a warrant to seize property; or * vary any existing order for payment of the fine by instalments; or * adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit; and * in addition, make any other order it thinks fit against you in relation to costs.". 13 Forms 6–5C and 6–5D revoked Forms 6–5C and 6–5D of the Supreme Court (Criminal Procedure) Rules 2008 are revoked. 14 Form 6–5F amended In Form 6–5F of the Supreme Court (Criminal Procedure) Rules 2008— (a) for "the company" (wherever occurring) substitute "the body corporate"; (b) for "COMPANY" (wherever occurring) substitute "BODY CORPORATE". Dated: 26 November 2015 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. PAMELA TATE, J.A. R. S. OSBORN, J.A. SIMON P. WHELAN, J.A. J. G. SANTAMARIA, J.A. DAVID F. R. BEACH, J.A. EMILIOS KYROU, J.A. -- 8 of 10 -- Part 3—Amendment of Chapter VI Supreme Court (Miscellaneous Amendments) Rules 2015 S.R. No. 143/2015 Authorised by the Chief Parliamentary Counsel 8 ANNE FERGUSON, J.A. STEPHEN KAYE, J.A. S. G. E. McLEISH, J.A. ELIZABETH HOLLINGWORTH, J. ANTHONY CAVANOUGH, J. ROSS ROBSON, J. JACK FORREST, J. JAMES JUDD, J. KARIN EMERTON, J. CLYDE CROFT, J. M. L. SIFRIS, J. JOHN DIXON, J. C. MACAULAY, J. GREG GARDE, J. G. J. DIGBY, J. JAMES D. ELLIOTT, J. T. J. GINNANE, J. MELANIE SLOSS, J. JOANNE CAMERON, J. MICHAEL McDONALD, J. RITA ZAMMIT, J. P. J. RIORDAN, J. JANE A. DIXON, J. ═══════════════ -- 9 of 10 -- Endnotes Supreme Court (Miscellaneous Amendments) Rules 2015 S.R. No. 143/2015 Authorised by the Chief Parliamentary Counsel 9 Endnotes 1 Rule 4: S.R. No. 103/2015. 2 Rule 5: S.R. No. 12/2008. Reprint No. 2 as at 26 March 2015. Reprinted to S.R. No. 207/2014 and subsequently amended by S.R. Nos 39/2015 and 40/2015. -- 10 of 10 --