Children, Youth and Families (Children's Court Family Division) (Amendment No. 1) Rules 2009

i Children, Youth and Families (Children's Court Family Division) (Amendment No. 1) Rules 2009 S.R. No. 186/2009 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 New Rules 8 to 10 2 8 Search warrant (safe custody)—Form 36 2 9 Witness summons 2 10 Applications to the President—publication of proceedings 2 6 New Forms 36 to 38 2 Form 36—Children's Court Search Warrant (Safe Custody) 2 Form 37—Witness Summons 4 Form 38—Application under Section 534—Publication of Proceedings 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2009 S.R. No. 186/2009 Children, Youth and Families Act 2005 Children, Youth and Families (Children's Court Family Division) (Amendment No. 1) Rules 2009 The President together with 2 Magistrates jointly make the following Rules: 1 Object The object of these Rules is to provide for the form of a Children's Court search warrant (safe custody) a witness summons and an application to publish proceedings as a consequence of the enactment of the Criminal Procedure Act 2009 and related amendments. 2 Authorising provisions These Rules are made under section 588(1) of the Children, Youth and Families Act 2005 and all other enabling powers. 3 Commencement These Rules come into operation on 1 January 2010. 4 Principal Rules In these Rules, the Children, Youth and Families (Children's Court Family Division) Rules 2007 1 are called the Principal Rules. -- 2 of 9 -- S.R. No. 186/2009 Children, Youth and Families (Children's Court Family Division) (Amendment No. 1) Rules 2009 2 5 New Rules 8 to 10 After Rule 7 of the Principal Rules insert— "8 Search warrant (safe custody)—Form 36 A search warrant for the purposes of the Act must be in Form 36. 9 Witness summons (1) A witness summons must be in Form 37. (2) A witness summons to give evidence or to give evidence and produce documents or things must be directed to one person. 10 Applications to the President— publication of proceedings An application under section 534(1) of the Act for the permission of the President for the publication of proceedings in the Family Division of the Court must be in Form 38.". 6 New Forms 36 to 38 After Form 35 of the Principal Rules insert— "__________________ FORM 36 Rule 8 Children, Youth and Families Act 2005 (Sections 237, 241 to 243, 247, 261, 268, 269, 270, 291, 313 to 315, 598) CHILDREN'S COURT SEARCH WARRANT (SAFE CUSTODY) Court Ref: Name or description of child [and address if applicable] *Male/*Female Date of birth r. 6 -- 3 of 9 -- S.R. No. 186/2009 Children, Youth and Families (Children's Court Family Division) (Amendment No. 1) Rules 2009 3 AUTHORITY AND DIRECTIONS To [name of a member of the police force] or [all members of the police force] You are authorised to: break, enter and search any place where the child named or described in this warrant is suspected to be and take into safe custody the child named or described in this warrant; AND if the warrant is issued under section 237 of the Act, to bring the child to the Secretary of the Department of Human Services to enable the Secretary to exercise his or her powers under the temporary assessment order. AND if the warrant is issued under section 241, 243, 247, 261, 268, 270, 291, 313 or 314 of the Act, to * bring the child before the Court for the hearing of an application for an interim accommodation order as soon as practicable and, in any event, within one working day after the child is taken into safe custody. Unless the child is brought before the Court within 24 hours after the child was taken into safe custody, he or she must (unless the child is of tender years) be brought before a bail justice as soon as possible within that period of 24 hours for the hearing of an application for an interim accommodation order. * release the child on an interim accommodation order of the type referred to in section 263(1)(a) or 263(1)(b) of the Act in accordance with the endorsement below. OR if the warrant is issued under section 269 of the Act, to * bring the child before the Court for the hearing of a proceeding for breach of an interim accommodation order as soon as practicable and, in any event, within one working day after the child was taken into safe custody. Unless the child is brought before the Court within 24 hours after the child was taken into safe custody, he or she must (unless the child is of tender years) be brought before a bail justice as soon as possible within that period of 24 hours for the hearing of a proceeding for breach of an interim accommodation order. * release the child on an interim accommodation order of the type referred to in section 263(1)(a) or 263(1)(b) of the Act in accordance with the endorsement below. r. 6 -- 4 of 9 -- S.R. No. 186/2009 Children, Youth and Families (Children's Court Family Division) (Amendment No. 1) Rules 2009 4 OR if the warrant is issued under section 598 of the Act, the member of the police force who executed this warrant must take the child to the place specified in this warrant or, if no place is specified, to a place determined by the Secretary of the Department of Human Services or, in the absence of a determination, to a place referred to in section 173 of the Act. Place specified: [insert details] ENDORSEMENT The child may be released on an interim accommodation order to appear at the Children's Court at [venue] at [time] a.m./p.m. on [date] Applicant's name: Agency and address: Phone: Issued at: Date: *Judge/*Magistrate * Delete if not applicable __________________ FORM 37 Rule 9 Children, Youth and Families Act 2005 WITNESS SUMMONS Court Ref To the witness [name] *Male/*Female Address DETAILS OF THE CASE Name of child r. 6 -- 5 of 9 -- S.R. No. 186/2009 Children, Youth and Families (Children's Court Family Division) (Amendment No. 1) Rules 2009 5 Type of hearing *Charges [brief description] *Protection application *Irreconcilable Difference application *Other [specify] Name of informant/applicant Agency and address Email Address Telephone WHAT YOU HAVE TO DO You must bring this summons with you and * come to court to give evidence in the proceeding; * come to court to give evidence and also produce at the hearing the following documents or things that are in your possession or control [specify documents or things] * produce at the hearing the following documents or things that are in your possession or control [specify documents or things] You may produce this summons and the documents or things referred to above to the Registrar of the Children's Court at [venue] by hand or by post, in either case so that the registrar receives them not later than 2 days before the date on which you are required to attend. If you are required to give evidence, you must attend at the hearing. WHERE YOU MUST GO The Children's Court at [address] Telephone When Time Day Month Year Issued at r. 6 -- 6 of 9 -- S.R. No. 186/2009 Children, Youth and Families (Children's Court Family Division) (Amendment No. 1) Rules 2009 6 Date *Registrar/*Judge/*Magistrate *Summons filed by [identify party if any] * Delete if not applicable __________________ FORM 38 Rule 10 Children, Youth and Families Act 2005 APPLICATION UNDER SECTION 534— PUBLICATION OF PROCEEDINGS Court Ref In the matter of An Application by The Applicant applies to the President of the Children's Court for the following orders: 1 An order pursuant to section 534(1) of the Children, Youth and Families Act 2005 that [insert name] be permitted to publish the following [list particulars]. 2 *Such other or further orders as the Court sees fit. Grounds for Application The following grounds are relied on: [list grounds] Details of the hearing A hearing of this application will be held at [time] a.m./p.m. on [date] at the Children's Court at [venue] Issued at Date Registrar *Delete if not applicable". r. 6 -- 7 of 9 -- S.R. No. 186/2009 Children, Youth and Families (Children's Court Family Division) (Amendment No. 1) Rules 2009 7 Dated: 18 December 2009 PAUL DOUGLAS GRANT, President of the Children's Court of Victoria PETER THOMAS POWER, Magistrate GREGORY JOHN ZALMAN LEVINE, Magistrate ═══════════════ r. 6 -- 8 of 9 -- S.R. No. 186/2009 Children, Youth and Families (Children's Court Family Division) (Amendment No. 1) Rules 2009 8 ENDNOTES 1 Rule 4: S.R. No. 24/2007. Endnotes -- 9 of 9 --