County Court (Chapter III Amendment No. 2) Rules 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i County Court (Chapter III Amendment No. 2) Rules 2013 S.R. No. 110/2013 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Objects 1 2 Authorising provisions 1 3 Commencement 2 4 Principal Rules 2 PART 2—CHAPTER III OF THE RULES OF THE COUNTY COURT AMENDED 3 5 New Rule 8.02 inserted 3 8.02 Application for review of direction by Secretary under Division 3 of Part 3C of the Sentencing Act 1991 3 6 Subpoena 3 7 Form 3C amended 3 8 Forms 5D, 5E and 5G amended 4 9 Notice to appear under section 89H of the Sentencing Act 1991 4 10 New Form 8B inserted 4 Form 8B—Application under Section 83AY of the Sentencing Act 1991 for Review of a Decision of the Secretary 4 PART 3—COUNTY COURT (CHAPTER III CRIMINAL SUBPOENAS AMENDMENT) RULES 2012 AMENDED 6 11 Proposed Form 1F amended 6 12 Proposed Form 1G amended 7 13 Proposed Form 1H amended 8 ═══════════════ ENDNOTES 11 -- 1 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 110/2013 Criminal Procedure Act 2009 County Court Act 1958 County Court (Chapter III Amendment No. 2) Rules 2013 A majority of the Judges of the County Court makes the following Rules: PART 1—PRELIMINARY 1 Objects The objects of these Rules are— (a) to amend Chapter III of the Rules of the County Court— (i) as a consequence of the commencement of section 60 of the Sentencing Amendment (Community Correction Reform) Act 2011; and (ii) to make minor changes to certain Forms in those Rules; (b) to amend the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012 to make minor changes to the Forms that those Rules insert into Chapter III of the Rules of the County Court. 2 Authorising provisions These Rules are made under section 419 of the Criminal Procedure Act 2009, section 78 of the County Court Act 1958 and all other enabling powers. -- 2 of 12 -- Part 1—Preliminary County Court (Chapter III Amendment No. 2) Rules 2013 S.R. No. 110/2013 Authorised by the Chief Parliamentary Counsel 2 3 Commencement These Rules come into operation on 2 September 2013. 4 Principal Rules In these Rules, the County Court Criminal Procedure Rules 20091 are called the Principal Rules. __________________ r. 3 -- 3 of 12 -- Part 2—Chapter III of the Rules of the County Court Amended County Court (Chapter III Amendment No. 2) Rules 2013 S.R. No. 110/2013 Authorised by the Chief Parliamentary Counsel 3 PART 2—CHAPTER III OF THE RULES OF THE COUNTY COURT AMENDED 5 New Rule 8.02 inserted After Rule 8.01 of the Principal Rules insert— "8.02 Application for review of direction by Secretary under Division 3 of Part 3C of the Sentencing Act 1991 An application under section 83AY of the Sentencing Act 1991 may be in Form 8B.". 6 Subpoena In Form 1D of the Principal Rules— (a) for "Court Ref:" substitute "CASE No.:"; (b) for "William Street" (where twice occurring) substitute "venue]"; (c) omit "Melbourne]" (where twice occurring); (d) for "THE QUEEN/CROWN" substitute "THE QUEEN/DIRECTOR OF PUBLIC PROSECUTIONS"; (e) for "CR-00-00000" (where six times occurring) substitute "CASE No. 00-00000". 7 Form 3C amended In Form 3C of the Principal Rules, for "*delete if not applicable" substitute— "LISTING OF APPEAL This appeal is listed for hearing before the County Court at [venue] at [time] *a.m./*p.m. on [date]. Date: *Registrar/*Deputy Registrar *delete if not applicable". r. 5 -- 4 of 12 -- Part 2—Chapter III of the Rules of the County Court Amended County Court (Chapter III Amendment No. 2) Rules 2013 S.R. No. 110/2013 Authorised by the Chief Parliamentary Counsel 4 8 Forms 5D, 5E and 5G amended In Forms 5D, 5E and 5G of the Principal Rules, for "COURT REFERENCE" substitute "CASE". 9 Notice to appear under section 89H of the Sentencing Act 1991 In Form 7B of the Principal Rules, before "No." insert "CASE". 10 New Form 8B inserted After Form 8A of the Principal Rules insert— "__________________ RULE 8.02 FORM 8B APPLICATION UNDER SECTION 83AY OF THE SENTENCING ACT 1991 FOR REVIEW OF A DECISION OF THE SECRETARY CASE No.: IN THE COUNTY COURT OF VICTORIA AT IN THE MATTER OF: THIS FORM IS FILED ON BEHALF OF: ADDRESS: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CONTACT DETAILS (If represented, please complete the legal practitioner details below) Contact No.: Email address: Address for service: † I have Legal Representation (complete below) † I represent the applicant † I do not have Legal Representation r. 8 -- 5 of 12 -- Part 2—Chapter III of the Rules of the County Court Amended County Court (Chapter III Amendment No. 2) Rules 2013 S.R. No. 110/2013 Authorised by the Chief Parliamentary Counsel 5 Firm: Practitioner's Name: Solicitor Code: Ref: To the Registrar of the County Court at: AND TO the Respondent: Community Correctional Services at SENTENCING ORDER On the County Court at the applicant was sentenced to a community correction order. The community correction order commences on and expires on . DECISION ON REVIEW On Community Correctional Services at held an Administrative Review Hearing. At the hearing a decision was made that the applicant: * Undertake an additional hours of unpaid community work. * Serve an extended curfew of hours per day or for a further days. GROUNDS FOR APPLICATION The applicant's reasons for seeking a review of the decision are: * There was not a failure to comply with the community correction order. * There was a reasonable excuse for failure to comply with the community correction order. * The failure to comply with the community correction order was not sufficiently serious to give the direction. * The curfew condition *had expired/*was completed. * The extension to the curfew is excessive. * The unpaid community work condition *had expired/*was completed. * The additional hours of unpaid community work ordered is excessive. Date: [Signature of Applicant/Applicant's Legal Practitioner] LISTING OF APPLICATION This application is listed for hearing before the County Court at at a.m./p.m. on . Date: [Signature of Registrar/Deputy Registrar] *Registrar/*Deputy Registrar * delete if inapplicable". __________________ r. 10 -- 6 of 12 -- Part 3—County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012 Amended County Court (Chapter III Amendment No. 2) Rules 2013 S.R. No. 110/2013 Authorised by the Chief Parliamentary Counsel 6 PART 3—COUNTY COURT (CHAPTER III CRIMINAL SUBPOENAS AMENDMENT) RULES 2012 AMENDED 11 Proposed Form 1F amended (1) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 20122 , in proposed Form 1F of the Principal Rules omit "Court Ref:" (where first occurring). (2) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1F of the Principal Rules, for the words and expressions beginning "IN THE COUNTY COURT" and ending "Notice to Witness" substitute— "SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND) CASE No.: IN THE COUNTY COURT OF VICTORIA AT BETWEEN: *THE QUEEN/*THE DIRECTOR OF PUBLIC PROSECUTIONS Prosecution AND ACCUSED #1 (and others according to the Schedule of Parties) Accused Notice to Witness". (3) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1F of the Principal Rules, for the words and expressions beginning "or telephone will be used." and ending "TO: [name and address]" substitute— r. 11 -- 7 of 12 -- Part 3—County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012 Amended County Court (Chapter III Amendment No. 2) Rules 2013 S.R. No. 110/2013 Authorised by the Chief Parliamentary Counsel 7 "or telephone will be used. SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND) TO: [name and address]". (4) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1F of the Principal Rules, for "THE QUEEN/CROWN" substitute "THE QUEEN/DIRECTOR OF PUBLIC PROSECUTIONS". (5) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1F of the Principal Rules, for "CR-00-00000" (where six times occurring) substitute "CASE No.-00-00000". 12 Proposed Form 1G amended (1) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1G of the Principal Rules, omit "Court Ref:" (where first occurring). (2) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1G of the Principal Rules, for the words and expressions beginning "IN THE COUNTY COURT" and ending "Notice to Witness" substitute— "SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND) CASE No.: IN THE COUNTY COURT OF VICTORIA AT BETWEEN: *THE QUEEN/*THE DIRECTOR OF PUBLIC PROSECUTIONS Prosecution r. 12 -- 8 of 12 -- Part 3—County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012 Amended County Court (Chapter III Amendment No. 2) Rules 2013 S.R. No. 110/2013 Authorised by the Chief Parliamentary Counsel 8 AND ACCUSED #1 (and others according to the Schedule of Parties) Accused Notice to Witness". (3) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1G of the Principal Rules, for the words and expressions beginning "or telephone will be used." and ending "TO: [name and address]" substitute— "or telephone will be used. SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND) TO: [name and address]". (4) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1G of the Principal Rules, for "THE QUEEN/CROWN" substitute "THE QUEEN/DIRECTOR OF PUBLIC PROSECUTIONS". (5) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1G of the Principal Rules, for "CR-00-00000" (where six times occurring) substitute "CASE No.-00-00000". 13 Proposed Form 1H amended (1) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1H of the Principal Rules omit "Court Ref:" (where first occurring). (2) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1H of the Principal Rules, for the words and expressions beginning "or telephone r. 13 -- 9 of 12 -- Part 3—County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012 Amended County Court (Chapter III Amendment No. 2) Rules 2013 S.R. No. 110/2013 Authorised by the Chief Parliamentary Counsel 9 will be used." and ending "TO: [name and address]" substitute— "or telephone will be used. SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND) TO: [name and address]". (3) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1H of the Principal Rules, for "THE QUEEN/CROWN" substitute "THE QUEEN/DIRECTOR OF PUBLIC PROSECUTIONS". (4) In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1H of the Principal Rules, for "CR-00-00000" (where six times occurring) substitute "CASE No.-00-00000". Dated: 27 August 2013 C. D. DOUGLAS P. D. GRANT G. R. ANDERSON D. A. PARSONS J. R. BOWMAN S. E. PULLEN G. G. HICKS A. J. HOWARD M. E. SEXTON M. D. MURPHY F. E. HOGAN M. E. KENNEDY E. M. GAYNOR C. M. O'NEILL R. F. PUNSHON P. G. MISSO W. A. WILMOTH K. L. BOURKE F. MILLANE P. M. E. WISCHUSEN S. S. DAVIS P. G. LACAVA F. P. HAMPEL F. R. GUCCIARDO J. G. MORRISH P. M. TAFT r. 13 -- 10 of 12 -- Part 3—County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012 Amended County Court (Chapter III Amendment No. 2) Rules 2013 S.R. No. 110/2013 Authorised by the Chief Parliamentary Counsel 10 M. A. GAMBLE J. F. CARMODY H. T. MASON R. J. H. MAIDMENT K. E. KINGS R. H. SMITH J. D. MONTGOMERY W. E. STUART J. L. PARRISH J. A. JORDAN M. H. TINNEY C. J. RYAN G. T. CANNON G.F. MEREDITH ═══════════════ r. 13 -- 11 of 12 -- County Court (Chapter III Amendment No. 2) Rules 2013 S.R. No. 110/2013 Authorised by the Chief Parliamentary Counsel 11 ENDNOTES 1 Rule 4: S.R. No. 183/2009 as amended by S.R. Nos 31/2011, 95/2012 and 104/2012. 2 Rule 11(1): S.R. No. 95/2012. Endnotes -- 12 of 12 --