Magistrates' Court General Amendment Regulations 2010

i Magistrates' Court General Amendment Regulations 2010 S.R. No. 122/2010 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Amendment of objectives of Principal Regulations 2 6 Division heading inserted 2 7 Oath of office 2 8 Division heading inserted 3 9 Heading to regulation 202 3 10 New regulations 203 to 210 inserted 3 203 Appointment training for bail justices 3 204 Application for appointment as a bail justice 3 205 Re-appointment training for bail justices 6 206 Application for re-appointment as a bail justice 6 207 Application for appointment or re-appointment as an acting bail justice 8 208 Training for people holding prescribed offices 10 209 Code of conduct for bail justices and acting bail justices 10 210 Notification obligations on bail justices and acting bail justices 10 11 Schedule 2 heading amended 11 12 Schedule 2 amended 12 13 New Schedule 2A inserted 12 SCHEDULE 2A—Code of Conduct for Bail Justices and Acting Bail Justices 12 ═══════════════ ENDNOTES 16 -- 1 of 17 -- 1 STATUTORY RULES 2010 S.R. No. 122/2010 Magistrates' Court Act 1989 Magistrates' Court General Amendment Regulations 2010 The Governor in Council makes the following Regulations: Dated: 26 October 2010 Responsible Minister: ROB HULLS Attorney-General MATTHEW McBEATH Clerk of the Executive Council 1 Objectives The main objectives of these Regulations are to prescribe— (a) a code of conduct for bail justices and acting bail justices; and (b) a training course for appointment as a bail justice; and (c) a training course for re-appointment as a bail justice; and (d) a training course for the purposes of section 121(3)(aa) of the Magistrates' Court Act 1989; and (e) the particulars to be included in applications under Division 2 of Part 6 of the Magistrates' Court Act 1989. -- 2 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 2 2 Authorising provision These Regulations are made under section 140 of the Magistrates' Court Act 1989. 3 Commencement These Regulations come into operation on 1 January 2011. 4 Principal Regulations In these Regulations, the Magistrates' Court General Regulations 2000 1 are called the Principal Regulations. 5 Amendment of objectives of Principal Regulations After regulation 101(e) of the Principal Regulations insert— "(ea) matters relating to bail justices and acting bail justices; and". 6 Division heading inserted After the heading to Part 2 of the Principal Regulations insert— "Division 1—Oaths of office". 7 Oath of office (1) In regulation 201(1) of the Principal Regulations— (a) omit "9(7),"; and (b) for "120(3)" substitute "120H"; and (c) for "and a bail justice" substitute ", a bail justice and an acting bail justice". (2) In regulation 201(3) of the Principal Regulations, after "bail justice" insert ", an acting bail justice". r. 2 -- 3 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 3 8 Division heading inserted After regulation 201 of the Principal Regulations insert— "Division 2—Bail justices". 9 Heading to regulation 202 Insert the following heading to regulation 202 of the Principal Regulations— "Prescribed office-holders to be bail justices". 10 New regulations 203 to 210 inserted In Part 2 of the Principal Regulations, after regulation 202 insert— "203 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 of the Department of Justice to enable bail justices to be competent to— (a) fulfil their functions under Victorian law; and (b) fulfil their obligations under the code of conduct in Schedule 2A. 204 Application for appointment as a 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 r. 8 -- 4 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 4 (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 (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 r. 10 -- 5 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 5 (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 2001 of the Commonwealth; 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) three referees for the applicant, including the referees' names, addresses, telephone numbers, period of acquaintance with the applicant, and relationship to the applicant; and (u) whether or not the applicant consents to— (i) the Department of Justice checking the applicant against the registers administered by the Australian Securities and Investments Commission, and the National Personal Insolvency Index administered by the r. 10 -- 6 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 6 Insolvency and Trustee Service Australia; and (ii) Victoria Police releasing the results of the applicant's police record check directly to the Department of Justice. 205 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 of the Department of Justice 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 in Schedule 2A. 206 Application for re-appointment as a 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 (e) details of any criminal offence the applicant has been charged with or found guilty of in Australia or overseas -- 7 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 7 in the five years immediately preceding the application; and (f) details of any civil proceeding brought against the applicant in Australia or overseas in the five 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 five years immediately preceding the application; and (i) details of any disqualification of the applicant from the management of a company under the Corporations Act 2001 of the Commonwealth in the five years immediately preceding the application; and (j) whether or not the applicant consents to— (i) the Department of Justice 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 r. 10 -- 8 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 8 (ii) Victoria Police releasing the results of the applicant's police record check directly to the Department of Justice. 207 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 five 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 five years immediately preceding the application, or, in an application for re appointment, in the year immediately preceding the application; and r. 10 -- 9 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 9 (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 five years immediately preceding the application, or, in an application for 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 2001 of the Commonwealth in the five 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 of Justice 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 r. 10 -- 10 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 10 (ii) Victoria Police releasing the results of the applicant's police record check directly to the Department of Justice. 208 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 of Victoria to enable prescribed office- holders to fulfil their bail justice functions in accordance with Victorian law. 209 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 2A is prescribed. 210 Notification obligations on bail justices and acting bail justices (1) A bail justice or acting bail justice must notify the Secretary of the Department of Justice 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; r. 10 -- 11 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 11 (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; (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 2001 of the Commonwealth; (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 of the Department of Justice 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.". 11 Schedule 2 heading amended In the heading of Part 1 of Schedule 2 to the Principal Regulations, for "OR BAIL JUSTICE" substitute ", BAIL JUSTICE OR ACTING BAIL JUSTICE". r. 11 -- 12 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 12 12 Schedule 2 amended In Part 1 of Schedule 2 to the Principal Regulations, after "*Delete if inapplicable." insert "An acting bail justice is to take the same oath as a bail justice.". 13 New Schedule 2A inserted After Schedule 2 to the Principal Regulations insert— "SCHEDULE 2A CODE OF CONDUCT FOR BAIL JUSTICES AND ACTING BAIL JUSTICES Regulation 209 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. r. 12 -- 13 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 13 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. 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. r. 13 -- 14 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 14 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. r. 13 -- 15 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 15 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. __________________". ═══════════════ r. 13 -- 16 of 17 -- S.R. No. 122/2010 Magistrates' Court General Amendment Regulations 2010 16 ENDNOTES 1 Reg. 4: S.R. No. 69/2000. Reprint No. 3 as at 1 July 2006. Reprinted to S.R. No. 76/2006. Subsequently amended by S.R. Nos 101/2009 and 170/2009. Endnotes -- 17 of 17 --