Magistrates' Court General Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court General Regulations 2011 S.R. No. 55/2011 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Revocations 2 5 Definition 2 PART 2—APPOINTMENTS 3 Division 1—Oaths of Office and code of conduct 3 6 Oaths of Office 3 7 Code of conduct for bail justices and acting bail justices 3 Division 2—Bail Justices 3 8 Appointment training for bail justices 3 9 Application for appointment as bail justice 4 10 Re-appointment training for bail justices 6 11 Application for re-appointment as bail justice 6 12 Application for appointment or re-appointment as an acting bail justice 8 13 Prescribed office holders to be bail justices 9 14 Training for people holding prescribed offices 10 15 Notification obligations on bail justices and acting bail justices 10 PART 3—MISCELLANEOUS 12 16 Particulars of warrants to be entered in the register 12 17 Issue of some warrants to seize property 12 18 Venues of the Court—section 82(2) 12 19 Service of civil process by a member of the police force 12 __________________ -- 1 of 21 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel SCHEDULES 13 SCHEDULE 1—Revocation 13 SCHEDULE 2—Oaths of Office 14 SCHEDULE 3—Code of Conduct for Bail Justices and Acting Bail Justices 15 SCHEDULE 4—Prescribed Venues of the Court for the Purposes of Section 82(2) of the Magistrates' Court Act 1989 17 SCHEDULE 5—Areas in which a Member of the Police Force is not Required to Serve Process in a Civil Proceeding 18 ═══════════════ -- 2 of 21 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 55/2011 Magistrates' Court Act 1989 Magistrates' Court General Regulations 2011 The Governor in Council makes the following Regulations: Dated: 5 July 2011 Responsible Minister: ROBERT CLARK Attorney-General MATTHEW McBEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objective The objective of these Regulations is to prescribe— (a) oaths of office; and (b) matters relating to bail justices and acting bail justices; and (c) other matters required or necessary to be prescribed to give effect to the Magistrates' Court Act 1989. 2 Authorising provision These Regulations are made under section 140 of the Magistrates' Court Act 1989. -- 3 of 21 -- Part 1—Preliminary Magistrates' Court General Regulations 2011 S.R. No. 55/2011 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 10 July 2011. 4 Revocations The Regulations listed in Schedule 1 are revoked. 5 Definition In these Regulations, the Act means the Magistrates' Court Act 1989. __________________ r. 3 -- 4 of 21 -- Part 2—Appointments Magistrates' Court General Regulations 2011 S.R. No. 55/2011 3 Authorised by the Chief Parliamentary Counsel PART 2—APPOINTMENTS Division 1—Oaths of Office and code of conduct 6 Oaths of Office (1) For the purposes of sections 7(5), 120H and 121(3) of the Act, the oath of office for a magistrate, an acting magistrate, a bail justice and an acting bail justice is set out in Part 1 of Schedule 2. (2) For the purposes of section 115(4) of the Act, the oath of office for a justice of the peace is set out in Part 2 of Schedule 2. (3) An oath of office for a bail justice, an acting bail justice and a justice of the peace must be administered by a magistrate who must forward to the Attorney-General a certificate of administration. 7 Code of conduct for bail justices and acting bail justices For the purposes of the definition of code of conduct in section 120 of the Act, the code of conduct set out in Schedule 3 is prescribed. Division 2—Bail Justices 8 Appointment training for bail justices For the purposes of section 120A(2)(e) of the Act, the prescribed course of training for appointment as a bail justice is the training approved by the Secretary to enable bail justices to be competent to— r. 6 -- 5 of 21 -- Part 2—Appointments Magistrates' Court General Regulations 2011 S.R. No. 55/2011 4 Authorised by the Chief Parliamentary Counsel (a) fulfil their functions under Victorian law; and (b) fulfil their obligations under the code of conduct. 9 Application for appointment as bail justice For the purposes of section 120B(2)(a) of the Act, the prescribed particulars are— (a) the full name of the applicant; and (b) the current residential address, postal address, telephone number and email address of the applicant; and (c) the permanent residential address of the applicant, if different from his or her current residential address; and (d) confirmation that the applicant is an Australian citizen; and (e) the date of birth of the applicant; and (f) whether the applicant is currently a justice of the peace in Victoria or any other State or Territory of Australia; and (g) whether the applicant has previously applied to be a bail justice and the outcome of that application; and (h) confirmation that the applicant is fluent in the English language; and (i) any language other than English spoken by the applicant, including the level of fluency; and (j) the applicant's emergency contact, including name, telephone number, and relationship to the applicant; and r. 9 -- 6 of 21 -- Part 2—Appointments Magistrates' Court General Regulations 2011 S.R. No. 55/2011 5 Authorised by the Chief Parliamentary Counsel (k) the current occupation and position of the applicant, including the name, address and telephone number of his or her current employer, and the period of employment with that employer; and (l) details of any criminal offence the applicant has been charged with or found guilty of in Australia or overseas; and (m) details of any civil proceeding brought against the applicant in Australia or overseas; and (n) whether the applicant is a bankrupt or the property of the applicant is subject to control under the law relating to bankruptcy; and (o) details of any suspension or disqualification of the applicant from holding any licence, registration, certificate or membership of any profession, business, trade or industry; and (p) details of any disqualification of the applicant from the management of a company under the Corporations Act; and (q) the applicant's reasons for seeking appointment as a bail justice; and (r) the applicant's community involvement over the past 10 years, including roles held and the dates roles were held; and (s) the availability of the applicant to be rostered for duty as a bail justice; and (t) 3 referees for the applicant, including the referees' names, addresses, telephone numbers, period of acquaintance with the applicant, and relationship to the applicant; and r. 9 -- 7 of 21 -- Part 2—Appointments Magistrates' Court General Regulations 2011 S.R. No. 55/2011 6 Authorised by the Chief Parliamentary Counsel (u) whether or not the applicant consents to— (i) the Department checking the applicant against the registers administered by the Australian Securities and Investments Commission, and the National Personal Insolvency Index administered by the Insolvency and Trustee Service Australia; and (ii) Victoria Police releasing the results of the applicant's police record check directly to the Department. 10 Re-appointment training for bail justices For the purposes of section 120C(2)(a) of the Act, the prescribed course of training for re-appointment as a bail justice is the training approved by the Secretary to update bail justices' knowledge and competency to enable them to— (a) fulfil their functions under Victorian law; and (b) fulfil their obligations under the code of conduct. 11 Application for re-appointment as bail justice For the purposes of section 120D(2)(a) of the Act, the prescribed particulars are— (a) the full name of the applicant; and (b) the current residential address, postal address, telephone number and email address of the applicant; and (c) the permanent residential address of the applicant, if different from his or her current residential address; and (d) the bail justice number of the applicant; and r. 10 -- 8 of 21 -- Part 2—Appointments Magistrates' Court General Regulations 2011 S.R. No. 55/2011 7 Authorised by the Chief Parliamentary Counsel (e) details of any criminal offence the applicant has been charged with or found guilty of in Australia or overseas in the 5 years immediately preceding the application; and (f) details of any civil proceeding brought against the applicant in Australia or overseas in the 5 years immediately preceding the application; and (g) whether the applicant is a bankrupt or the property of the applicant is subject to control under the law relating to bankruptcy; and (h) details of any suspension or disqualification of the applicant from holding any licence, registration, certificate or membership of any profession, business, trade or industry in the 5 years immediately preceding the application; and (i) details of any disqualification of the applicant from the management of a company under the Corporations Act in the 5 years immediately preceding the application; and (j) whether or not the applicant consents to— (i) the Department checking the applicant against the registers administered by the Australian Securities and Investments Commission, and the National Personal Insolvency Index administered by the Insolvency and Trustee Service Australia; and (ii) Victoria Police releasing the results of the applicant's police record check directly to the Department. r. 11 -- 9 of 21 -- Part 2—Appointments Magistrates' Court General Regulations 2011 S.R. No. 55/2011 8 Authorised by the Chief Parliamentary Counsel 12 Application for appointment or re-appointment as an acting bail justice For the purposes of section 120F(2)(a) of the Act, the prescribed particulars are— (a) the full name of the applicant; and (b) the current residential address, postal address, telephone number and email address of the applicant; and (c) the permanent residential address of the applicant, if different from his or her current residential address; and (d) the bail justice number of the applicant; and (e) details of any criminal offence that the applicant has been charged with or found guilty of in Australia or overseas in the 5 years immediately preceding the application, or, in an application for re-appointment, in the year immediately preceding the application; and (f) details of any civil proceeding brought against the applicant in Australia or overseas in the 5 years immediately preceding the application, or, in an application for re-appointment, in the year immediately preceding the application; and (g) whether the applicant is a bankrupt or the property of the applicant is subject to control under the law relating to bankruptcy; and (h) details of any suspension or disqualification of the applicant from holding any licence, registration, certificate or membership of any profession, business, trade or industry in the 5 years immediately preceding the application, or, in an application for r. 12 -- 10 of 21 -- Part 2—Appointments Magistrates' Court General Regulations 2011 S.R. No. 55/2011 9 Authorised by the Chief Parliamentary Counsel re-appointment, in the year immediately preceding the application; and (i) details of any disqualification of the applicant from the management of a company under the Corporations Act in the 5 years immediately preceding the application, or, in an application for re-appointment, in the year immediately preceding the application; and (j) whether or not the applicant consents to— (i) the Department checking the applicant against the registers administered by the Australian Securities and Investments Commission, and the National Personal Insolvency Index administered by the Insolvency and Trustee Service Australia; and (ii) Victoria Police releasing the results of the applicant's police record check directly to the Department. 13 Prescribed office holders to be bail justices For the purposes of section 121 of the Act, a prescribed classification is a classification of— (a) Grade 3, Grade 4, Grade 5 or Grade 6 in the public service in which the employee is required to perform the duties of any one or more of the following— (i) Prothonotary or deputy Prothonotary of the Supreme Court; (ii) registrar or deputy registrar of the County Court; (iii) principal registrar of the Court; r. 13 -- 11 of 21 -- Part 2—Appointments Magistrates' Court General Regulations 2011 S.R. No. 55/2011 10 Authorised by the Chief Parliamentary Counsel (iv) registrar or deputy registrar of the Court; (v) registrar or deputy registrar of the Children's Court at Melbourne; (b) Grade 2, Grade 3, Grade 4, Grade 5 or Grade 6 in the public service in which the employee is required to perform the duties of associate to a judge of the Supreme Court or the County Court. 14 Training for people holding prescribed offices For the purposes of section 121(3)(aa) of the Act, the prescribed course of training is the training provided by the Magistrates' Court to enable prescribed office-holders to fulfil their bail justice functions in accordance with Victorian law. 15 Notification obligations on bail justices and acting bail justices (1) A bail justice or acting bail justice must notify the Secretary in writing as soon as practicable after— (a) the bail justice or acting bail justice is charged with a criminal offence in Australia or overseas; (b) the bail justice or acting bail justice has a civil proceeding commenced against him or her in Australia or overseas; (c) the finalisation and outcome of that criminal proceeding or civil proceeding; (d) the bail justice or acting bail justice is declared bankrupt or his or her property becomes subject to control under the law relating to bankruptcy; r. 14 -- 12 of 21 -- Part 2—Appointments Magistrates' Court General Regulations 2011 S.R. No. 55/2011 11 Authorised by the Chief Parliamentary Counsel (e) the bail justice or acting bail justice is suspended or disqualified from holding any licence, registration, certificate or membership of any profession, business, trade or industry; (f) the bail justice or acting bail justice is disqualified from managing a company under the Corporations Act; (g) the bail justice or acting bail justice changes his or her employment. (2) A bail justice or an acting bail justice must notify the Secretary in writing within 14 days after— (a) any change to the personal details of the bail justice or acting bail justice, including residential address, postal address, telephone number and email address; (b) the bail justice or acting bail justice becomes unable to perform the role of bail justice for a period of more than one month. __________________ r. 15 -- 13 of 21 -- Part 3—Miscellaneous Magistrates' Court General Regulations 2011 S.R. No. 55/2011 12 Authorised by the Chief Parliamentary Counsel PART 3—MISCELLANEOUS 16 Particulars of warrants to be entered in the register For the purposes of section 57(2) of the Act, the following particulars are prescribed— (a) type of warrant issued; (b) date of issue of warrant; (c) in the case of a warrant to seize property or a warrant to imprison issued for non-payment of a fine— (i) the sum in respect of which the warrant is issued; and (ii) the person to whom the warrant is directed for execution. 17 Issue of some warrants to seize property For the purposes of section 73(3AA)(f) of the Act the prescribed particulars are— (a) the direction of the warrant to the sheriff; and (b) the prescribed fee payable on the issue of the warrant. 18 Venues of the Court—section 82(2) For the purposes of section 82(2) of the Act, the venues of the Court referred to in Schedule 4 are prescribed. 19 Service of civil process by a member of the police force A member of the police force is not required to serve process in a civil proceeding in an area referred to in Schedule 5. __________________ r. 16 -- 14 of 21 -- Magistrates' Court General Regulations 2011 S.R. No. 55/2011 13 Authorised by the Chief Parliamentary Counsel SCHEDULES SCHEDULE 1 Regulation 4 REVOCATION S.R. No. Title 69/2000 Magistrates' Court General Regulations 2000 101/2009 Magistrates' Court General Amendment Regulations 2009 170/2009 Magistrates' Court General Amendment Regulations 2009 122/2010 Magistrates' Court General Amendment Regulations 2010 __________________ Sch. 1 Sch. 1 -- 15 of 21 -- Magistrates' Court General Regulations 2011 S.R. No. 55/2011 14 Authorised by the Chief Parliamentary Counsel SCHEDULE 2 Regulation 6(1) OATHS OF OFFICE PART 1 OATH OF OFFICE OF MAGISTRATE, BAIL JUSTICE OR ACTING BAIL JUSTICE I, [full name], swear by Almighty God that as a *magistrate for Victoria/*bail justice I shall at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear favour or affection. *Delete if inapplicable. An acting bail justice is to take the same oath as a bail justice. Regulation 6(2) PART 2 OATH OF OFFICE OF JUSTICE OF THE PEACE I, [full name], swear by Almighty God that as a Justice of the Peace for Victoria I shall at all times discharge the duties of my office according to the law and to the best of my knowledge and ability. __________________ Sch. 2 -- 16 of 21 -- Magistrates' Court General Regulations 2011 S.R. No. 55/2011 15 Authorised by the Chief Parliamentary Counsel SCHEDULE 3 Regulation 7 CODE OF CONDUCT FOR BAIL JUSTICES AND ACTING BAIL JUSTICES Conduct 1. A bail justice or an acting bail justice must maintain and uphold the oath of office and discharge the functions of a bail justice in accordance with the law to the best of his or her ability. 2. A bail justice or an acting bail justice must act, and be seen to act, independently, impartially and without prejudice or discrimination when performing his or her bail justice functions. Example A bail justice must not discuss an application with officers of Victoria Police or the Department of Human Services before hearing a bail application under the Bail Act 1977 or an interim accommodation order application under the Children, Youth and Families Act 2005. This does not preclude a bail justice from discussing any potential safety or security concerns with those officers prior to conducting a hearing. 3. A bail justice or an acting bail justice must act, and be seen to act, with due care, diligence, honesty, integrity and respect at all times when performing his or her bail justice functions. 4. A bail justice or an acting bail justice must not— (a) behave in a way that brings the office of bail justice into disrepute; (b) improperly influence or attempt to influence a person when performing his or her bail justice functions; (c) use his or her position as bail justice to gain benefit or advantage, or to be seen to gain benefit or advantage, for himself or herself, another person, an organisation or an agency; (d) advertise his or her position as a bail justice for the purpose of advancing his or her business interests or commercial interests. 5. A bail justice or an acting bail justice must not charge a fee, or accept gifts, favours or patronage in return for performing his or her bail justice functions. Sch. 3 -- 17 of 21 -- Magistrates' Court General Regulations 2011 S.R. No. 55/2011 16 Authorised by the Chief Parliamentary Counsel 6. A bail justice or an acting bail justice must not use the letters "BJ" after his or her name. 7. A bail justice or an acting bail justice must make himself or herself reasonably available to be rostered for duty as a bail justice. 8. A bail justice or an acting bail justice must not unreasonably refuse to perform his or her duty as a bail justice when rostered to do so. 9. A bail justice or an acting bail justice must not— (a) purport to exercise powers other than those conferred on him or her as a bail justice; (b) provide legal advice in his or her capacity as a bail justice. Conflict of interest 10. If a bail justice or an acting bail justice has personal, family, financial or business interests, or is a member of a recreational, professional, or personal interest organisation, or a political party, and it conflicts with a matter before him or her, the bail justice or acting bail justice must— (a) disclose the conflict of interest; and (b) decline to perform his or her bail justice functions. Competency and knowledge 11. A bail justice or an acting bail justice must endeavour to maintain a competent knowledge of all laws applicable to the functions of a bail justice. 12. A bail justice or an acting bail justice must comply with the guidelines, if any, in effect under section 124AB of the Act. Privacy 13. A bail justice or an acting bail justice must not make use of or disclose information or documents obtained in the course of carrying out his or her functions as a bail justice, other than for the purpose of performing those functions or as otherwise authorised or required by law. 14. A bail justice or an acting bail justice must not make public comment about any bail hearing he or she conducts, other than providing the decision made in a hearing and the reasons for that decision, confining those reasons to the factors in section 4 of the Bail Act 1977. __________________ Sch. 3 -- 18 of 21 -- Magistrates' Court General Regulations 2011 S.R. No. 55/2011 17 Authorised by the Chief Parliamentary Counsel SCHEDULE 4 Regulation 18 PRESCRIBED VENUES OF THE COURT FOR THE PURPOSES OF SECTION 82(2) OF THE MAGISTRATES' COURT ACT 1989 Ararat Heidelberg Ouyen Bacchus Marsh Hopetoun Portland Bairnsdale Horsham Preston Ballarat Kerang Ringwood Benalla Korumburra Robinvale Bendigo Kyneton Sale Broadmeadows Latrobe Valley Seymour Castlemaine Mansfield Shepparton Cobram Maryborough Stawell Colac Melbourne St Arnaud Corryong Mildura Sunshine Dandenong Moe Swan Hill Drug Court (Dandenong) Moonee Ponds Wangaratta Dromana Moorabbin Justice Centre (Highett) Warrnambool Echuca Myrtleford Werribee Edenhope Neighbourhood Justice Centre (Collingwood) Wodonga Frankston Nhill Wonthaggi Geelong Omeo Hamilton Orbost __________________ Sch. 4 -- 19 of 21 -- Magistrates' Court General Regulations 2011 S.R. No. 55/2011 18 Authorised by the Chief Parliamentary Counsel SCHEDULE 5 Regulation 19 AREAS IN WHICH A MEMBER OF THE POLICE FORCE IS NOT REQUIRED TO SERVE PROCESS IN A CIVIL PROCEEDING Alpine Shire Council Ararat Rural City Council Ballarat City Council Banyule City Council Bass Coast Shire Council Baw Baw Shire Council Bayside City Council Benalla Rural City Council Boroondara City Council Borough of Queenscliff Brimbank City Council Buloke Shire Council (except for the area known as the former Shire of Wycheproof) Campaspe Shire Council Cardinia Shire Council Casey City Council Central Goldfields Shire Council Colac Otway Shire Council Corangamite Shire Council Darebin City Council East Gippsland Shire Council (except for the area known as the former Shire of Omeo) Frankston City Council Gannawarra Shire Council Glen Eira City Council Glenelg Shire Council (except for the area known as the former Shire of Heywood) Golden Plains Shire Council Greater Bendigo City Council Greater Dandenong City Council Greater Geelong City Council Greater Shepparton City Council Hepburn Shire Council Hindmarsh Shire Council Hobsons Bay City Council Horsham Rural City Council (except for the area known as the former Shire of Arapiles) Hume City Council Indigo Shire Council Kingston City Council Knox City Council La Trobe Shire Council Loddon Shire Council Macedon Ranges Shire Council Manningham City Council Mansfield Shire Council Maribyrnong City Council Maroondah City Council Melbourne City Council Melton Shire Council Mildura Rural City Council (except for the area known as the former Shire of Walpeup) Mitchell Shire Council Moira Shire Council Monash City Council Moonee Valley City Council Moorabool Shire Council Moreland City Council Mornington Peninsula Shire Council Mount Alexander Shire Council Moyne Shire Council Murrindindi Shire Council Nillumbik Shire Council Northern Grampians Shire Council Port Phillip City Council Pyrenees Shire Council South Gippsland Shire Council Southern Grampians Shire Council Sch. 5 -- 20 of 21 -- Magistrates' Court General Regulations 2011 S.R. No. 55/2011 19 Authorised by the Chief Parliamentary Counsel Stonnington City Council Strathbogie Shire Council Surf Coast Shire Council Swan Hill Rural City Council (except for the area known as the former Shire of Swan Hill) Towong Shire Council (except for the area known as the former Shire of Upper Murray) Wangaratta Rural City Council Warrnambool City Council Wellington Shire Council West Wimmera Shire Council Whitehorse City Council Whittlesea City Council Wodonga City Council Wyndham City Council Yarra City Council Yarra Ranges Shire Council Yarriambiack Shire Council (except for the area known as the former Shire of Karkarooc) ═══════════════ Sch. 5 -- 21 of 21 --