Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 S.R. No. 155/2013 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Object 1 2 Authorising provisions 1 3 Commencement 1 PART 2—AMENDMENT OF MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009 2 4 New Order 11 inserted 2 ORDER 11 2 PROCEDURE UNDER THE OPEN COURTS ACT 2013 2 105 Definitions 2 106 Notice of application for suppression order 2 107 Notice of application to review suppression order 2 5 New Forms 54 and 55 inserted 3 Form 54—Application for Suppression Order 3 Form 55—Application to Review a Suppression Order 5 PART 3—AMENDMENT OF MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010 7 6 New Order 82 inserted 7 ORDER 82 7 PROCEDURE UNDER THE OPEN COURTS ACT 2013 7 82.01 Definitions 7 82.02 Notice of application for suppression order 7 82.03 Notice of application to review suppression order 7 -- 1 of 14 -- Rule Page ii Authorised by the Chief Parliamentary Counsel 7 New Forms 82A and 82B inserted 8 Form 82A—Application for Suppression Order 8 Form 82B—Application to Review a Suppression Order 10 ═══════════════ ENDNOTES 12 -- 2 of 14 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 155/2013 Magistrates' Court Act 1989 Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: PART 1—PRELIMINARY 1 Object The object of these Rules is to amend the Magistrates' Court Criminal Procedure Rules 2009 and the Magistrates' Court General Civil Procedure Rules 2010 to make provision in relation to suppression orders as a result of the enactment of the Open Courts Act 2013. 2 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989, the Open Courts Act 2013 and all other enabling powers. 3 Commencement These Rules come into operation on 9 December 2013. __________________ -- 3 of 14 -- Part 2—Amendment of Magistrates' Court Criminal Procedure Rules 2009 Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 S.R. No. 155/2013 Authorised by the Chief Parliamentary Counsel 2 PART 2—AMENDMENT OF MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009 4 New Order 11 inserted After Order 10 of the Magistrates' Court Criminal Procedure Rules 20091 insert— "ORDER 11 PROCEDURE UNDER THE OPEN COURTS ACT 2013 105 Definitions (1) In this Order— the Act means the Open Courts Act 2013. (2) An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act. 106 Notice of application for suppression order (1) A notice of the making of an application under section 10 of the Act for a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 54. (2) A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing. 107 Notice of application to review suppression order (1) A notice of the making of an application under section 15(1) of the Act to review a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 55. r. 4 -- 4 of 14 -- Part 2—Amendment of Magistrates' Court Criminal Procedure Rules 2009 Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 S.R. No. 155/2013 Authorised by the Chief Parliamentary Counsel 3 (2) A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing. __________________". 5 New Forms 54 and 55 inserted After Form 53 of the Magistrates' Court Criminal Procedure Rules 2009 insert— "FORM 54 Rule 106 APPLICATION FOR SUPPRESSION ORDER In the Magistrates' Court of Victoria at [venue] In the matter of: [Prosecuting Agency] and [Offender] Name of Applicant: Address of Applicant: Postcode: Tel: [insert number] NOTE: Pursuant to section 10(1) of the Open Courts Act 2013, an applicant for a suppression order must give three (3) business days' notice of the making of this application to the Court and to all parties to the proceeding to which the application relates. Application for: † Proceeding Suppression Order † Broad Suppression Order † Other (please specify) Grounds of application [insert brief description of grounds of application]: This case is next listed for *mention/*hearing/*committal at [venue] on [date]. Dated: [e.g. 5 September 20 ]. [Applicant or applicant's Australian lawyer] * Delete if not applicable. r. 5 -- 5 of 14 -- Part 2—Amendment of Magistrates' Court Criminal Procedure Rules 2009 Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 S.R. No. 155/2013 Authorised by the Chief Parliamentary Counsel 4 NOTICE OF APPLICATION (To be completed by the Registrar) This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [venue] on [date e.g. 20 June 20 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. Dated: [e.g. 5 September 20 ]. Registrar __________________ r. 5 -- 6 of 14 -- Part 2—Amendment of Magistrates' Court Criminal Procedure Rules 2009 Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 S.R. No. 155/2013 Authorised by the Chief Parliamentary Counsel 5 FORM 55 Rule 107 APPLICATION TO REVIEW A SUPPRESSION ORDER In the Magistrates' Court of Victoria at [venue] In the matter of: [Prosecuting Agency] and [Offender] Name of Applicant: Address of Applicant: Postcode: Tel: [insert number] This application is made by: † The applicant for the order † A party to the proceeding † The Attorney-General † The Attorney-General of another State or Territory or of the Commonwealth † A news media organisation † Other [state if applicable] I, [applicant's name] make application to review the [type of order] suppression order made on [date of order] before Magistrate [name of Magistrate who made the order] at the [venue] of the Magistrates' Court. Grounds of application [insert brief description of grounds for application]: Dated: [e.g. 5 September 20 ]. [Applicant or applicant's Australian lawyer] r. 5 -- 7 of 14 -- Part 2—Amendment of Magistrates' Court Criminal Procedure Rules 2009 Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 S.R. No. 155/2013 Authorised by the Chief Parliamentary Counsel 6 NOTICE OF APPLICATION (To be completed by the Registrar) This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [venue] on [date e.g. 20 June 20 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. Dated: [e.g. 5 September 20 ]. Registrar NOTE: Any person specified under section 15(1)(b) of the Open Courts Act 2013 is entitled to appear and be heard by the Court on the review of the relevant suppression order pursuant to section 15(2) of the Act. __________________". __________________ r. 5 -- 8 of 14 -- Part 3—Amendment of Magistrates' Court General Civil Procedure Rules 2010 Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 S.R. No. 155/2013 Authorised by the Chief Parliamentary Counsel 7 PART 3—AMENDMENT OF MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010 6 New Order 82 inserted After Order 81 of the Magistrates' Court General Civil Procedure Rules 20102 insert— "ORDER 82 PROCEDURE UNDER THE OPEN COURTS ACT 2013 82.01 Definitions (1) In this Order— the Act means the Open Courts Act 2013. (2) An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act. 82.02 Notice of application for suppression order (1) A notice of the making of an application under section 10 of the Act for a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 82A. (2) A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing. 82.03 Notice of application to review suppression order (1) A notice of the making of an application under section 15(1) of the Act to review a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 82B. r. 6 -- 9 of 14 -- Part 3—Amendment of Magistrates' Court General Civil Procedure Rules 2010 Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 S.R. No. 155/2013 Authorised by the Chief Parliamentary Counsel 8 (2) A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing. __________________". 7 New Forms 82A and 82B inserted After Form 72F of the Magistrates' Court General Civil Procedure Rules 2010 insert— "FORM 82A Rule 82.02 APPLICATION FOR SUPPRESSION ORDER [heading as in Form 5A] Tel: [insert number] NOTE: Pursuant to section 10(1) of the Open Courts Act 2013, an applicant for a suppression order must give three (3) business days' notice of the making of this application to the Court and to all parties to the proceeding to which the application relates. Application for: † Proceeding Suppression Order † Broad Suppression Order † Other (please specify) Grounds of application [insert brief description of grounds of application]: The proceeding to which this application relates is next listed for hearing at [venue] on [date]. Dated: [e.g. 5 September 20 ]. [Applicant or applicant's Australian lawyer] r. 7 -- 10 of 14 -- Part 3—Amendment of Magistrates' Court General Civil Procedure Rules 2010 Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 S.R. No. 155/2013 Authorised by the Chief Parliamentary Counsel 9 NOTICE OF APPLICATION (To be completed by the Registrar) This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [venue] on [date e.g. 20 June 20 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. Dated: [e.g. 5 September 20 ]. Registrar __________________ r. 7 -- 11 of 14 -- Part 3—Amendment of Magistrates' Court General Civil Procedure Rules 2010 Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 S.R. No. 155/2013 Authorised by the Chief Parliamentary Counsel 10 FORM 82B Rule 82.03 APPLICATION TO REVIEW A SUPPRESSION ORDER [heading as in Form 5A] Tel: [insert number] This application is made by: † The applicant for the order † A party to the proceeding † The Attorney-General † The Attorney-General of another State or Territory or of the Commonwealth † A news media organisation † Other [state if applicable]: I, [applicant's name] make application to review the [type of order] suppression order made on [date of order] before Magistrate [name of Magistrate who made the order] at the [venue] of the Magistrates' Court. Grounds of application [insert brief description of grounds for application]: Dated: [e.g. 5 September 20 ]. [Applicant or applicant's Australian lawyer] NOTICE OF APPLICATION (To be completed by the Registrar) This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [venue] on [date e.g. 20 June 20 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. Dated: [e.g. 5 September 20 ]. Registrar NOTE: Any person specified under section 15(1)(b) of the Open Courts Act 2013 is entitled to appear and be heard by the Court on the review of the relevant suppression order pursuant to section 15(2) of the Act. __________________". r. 7 -- 12 of 14 -- Part 3—Amendment of Magistrates' Court General Civil Procedure Rules 2010 Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 S.R. No. 155/2013 Authorised by the Chief Parliamentary Counsel 11 Dated: 5 December 2013 PETER LAURITSEN, Chief Magistrate BARRY B. BRAUN, Deputy Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate ═══════════════ r. 7 -- 13 of 14 -- Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013 S.R. No. 155/2013 Authorised by the Chief Parliamentary Counsel 12 ENDNOTES 1 Rule 4: S.R. No. 181/2009 as amended by S.R. Nos 18/2011, 59/2011, 123/2011, 150/2011 and 118/2012. 2 Rule 6: S.R. No. 140/2010. Reprint No. 1 as at 11 October 2013. Reprinted to S.R. No. 89/2013. Endnotes -- 14 of 14 --