Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008

Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 11/2008 TABLE OF PROVISIONS Rule Page ORDER 1—PRELIMINARY 1 1.01 Object 1 1.02 Authorising provisions 1 1.03 Commencement 1 1.04 Revocation 1 ORDER 2—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958 2 2.01 Definition 2 2.02 Notice of application 2 2.03 Filing 2 2.04 Service 2 2.05 Duty of applicant 2 2.06 Payment of costs 2 2.07 Application under section 42L 3 2.08 Application under section 42M 3 2.09 Application under section 42N 3 2.10 Application under section 42P 3 __________________ FORMS 5 Form 2A—Notice of application under section 42E(1) of the Evidence Act 1958 5 Form 2B—Notice of application under section 42l of the Evidence Act 1958 7 Form 2C—Notice of application under section 42M, 42N or 42P of the Evidence Act 1958 8 ═══════════════ ENDNOTES 10 i -- 1 of 11 -- STATUTORY RULES 2008 S.R. No. 11/2008 Children, Youth and Families Act 2005 Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008 The President together with 2 or more magistrates for the Court jointly make the following Rules: ORDER 1—PRELIMINARY 1.01 Object The object of these Rules is to facilitate applications to the Court under Part IIA of the Evidence Act 1958. 1.02 Authorising provisions These Rules are made under section 589 of the Children, Youth and Families Act 2005 and all other enabling powers. 1.03 Commencement These Rules come into operation on 1 March 2008. 1.04 Revocation The Children's Court (Evidence - Audio Visual and Audio Linking) Rules 19981 are revoked. 1 -- 2 of 11 -- Order 2—Applications Under Part IIA of the Evidence Act 1958 Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 11/2008 r. 2.01 ORDER 2—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958 2.01 Definition In this Order the Act means the Evidence Act 1958. 2.02 Notice of application Notice of an application for a direction under section 42E(1) of the Act must be in Form 2A. 2.03 Filing Unless the Court otherwise directs, the applicant for a direction under section 42E(1) of the Act must file the notice at least 7 days before the person the subject of the application is due to appear before or give evidence or make a submission to the Court. 2.04 Service As soon as practicable after the filing of the notice, the applicant must serve a copy on every other party. 2.05 Duty of applicant If, whether before or after a direction has been given, an applicant no longer requires the person the subject of the application to appear before or give evidence or make a submission to the Court by audio visual link or audio link, the applicant must notify the Registrar forthwith. 2.06 Payment of costs Unless the Court otherwise orders, the appropriate amount prescribed by the regulations under section 42H(1) of the Act shall be paid in the first instance by the applicant. 2 -- 3 of 11 -- Order 2—Applications Under Part IIA of the Evidence Act 1958 Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 11/2008 r. 2.07 2.07 Application under section 42L Unless the application is made in accordance with section 42L(5) of the Act— (a) notice of an application under section 42L of the Act must be in Form 2B; and (b) a copy of the notice must be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. 2.08 Application under section 42M Unless the application is made in accordance with section 42M(5) of the Act— (a) notice of an application under section 42M of the Act must be in Form 2C; and (b) a copy of the notice must be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. 2.09 Application under section 42N Unless the application is made in accordance with section 42N(3) of the Act— (a) notice of an application under section 42N of the Act must be in Form 2C; and (b) a copy of the notice must be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. 2.10 Application under section 42P Unless the application is made in accordance with section 42P(5) of the Act— (a) notice of an application under section 42P of the Act must be in Form 2C; and 3 -- 4 of 11 -- Order 2—Applications Under Part IIA of the Evidence Act 1958 Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 11/2008 r. 2.10 (b) a copy of the notice must be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. __________________ 4 -- 5 of 11 -- Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 11/2008 Form 2A FORMS Rule 2.02 FORM 2A NOTICE OF APPLICATION UNDER SECTION 42E(1) OF THE EVIDENCE ACT 1958 [heading as in originating process] PART 1—PARTICULARS OF APPLICATION I, [name of applicant] of [address of applicant or firm of solicitor for applicant] request an *audio visual/*audio link in accordance with the following details— 1. *Audio visual/*Audio link From [originating city/town] To [receiving city/town] 2. Type of hearing [e.g. *Hearing/*Protection Application/*Other] 3. Number of persons to appear before, or give evidence by *audio visual/*audio link— 4. Suggested time (if any) for link 5. Estimate of duration of link 6. Is this application being made with the consent of the parties to the proceeding? 7. If the answer to question 6 is No, what parties have not given consent? 8. If a hearing date has been fixed, what is the date of the hearing? I undertake to pay, in the first instance, the appropriate amount prescribed by the regulations under section 42H(1) of the Act. Date [Signature] 5 -- 6 of 11 -- Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 11/2008 Form 2A PART 2—PARTICULARS OF HEARING (to be completed by the Registrar) The application will be heard before the Children's Court at on [e.g. 20 June 20 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. FILED [e.g. 10 June 20 ]. *strike out if inapplicable. _______________ 6 -- 7 of 11 -- Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 11/2008 Form 2B Rule 2.07 FORM 2B NOTICE OF APPLICATION UNDER SECTION 42L OF THE EVIDENCE ACT 1958 In the Children's Court at The Queen v. [name of accused person] PARTICULARS OF APPLICATION TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused person appear, or be brought, physically before it. Type of hearing [insert details] Date of hearing [insert details] The grounds on which this application is made are [set out grounds] Date [Signature] _______________ 7 -- 8 of 11 -- Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 11/2008 Form 2C Rules 2.08, 2.09 and 2.10 FORM 2C NOTICE OF APPLICATION UNDER SECTION 42M, 42N OR 42P OF THE EVIDENCE ACT 1958 In the Children's Court at The Queen v. [name of accused person] PART 1—PARTICULARS OF APPLICATION TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused person appear before it by audio visual link. 1. Type of hearing [insert details] 2. Date of hearing [insert details] 3. The grounds on which this application is made are [set out grounds] 4. Is this application being made with the consent of the parties to the proceeding? 5. If the answer to question 4 is No, what parties have not given consent? 6. If the accused person is in custody, do facilities exist for an audio visual link? Date [Signature] PART 2—PARTICULARS OF HEARING (to be completed by the Registrar) The application will be heard before the Court at , on [e.g. 20 June 20 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. FILED [e.g. 10 June 20 ]. 8 -- 9 of 11 -- Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 11/2008 Form 2C Dated: 27 February 2008 PAUL D. GRANT, President of the Children's Court of Victoria KAY H. MACPHERSON, Magistrate PETER T. POWER, Magistrate ═══════════════ 9 -- 10 of 11 -- Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 11/2008 Endnotes ENDNOTES 1 Rule 1.04: S.R. No. 18/1998. 10 -- 11 of 11 --