Children's Court (Family Violence) Rules 2000

i Children's Court (Family Violence) Rules 2000 S.R. No. 74/2000 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Definitions 1 5. Form of complaint and summons 1 6. Form of complaint and warrant 2 7. Form of consent 2 8. Application for variation on revocation of order 2 9. Form for intervention order 2 __________________ FORMS 3 Form 1—Complaint and Summons 3 Form 2—Complaint and Warrant 6 Form 3—Consent 9 Form 4—Application to revoke, vary or extend an Intervention Order 10 Form 5—Intervention Order 12 ═══════════════ -- 1 of 14 -- 1 STATUTORY RULES 2000 S.R. No. 74/2000 Children and Young Persons Act 1989 Children's Court (Family Violence) Rules 2000 The President together with 2 magistrates for the Children's Court jointly make the following Rules: 1. Object The object of these Rules is to provide forms relating to certain applications to the Family Division of the Children's Court under the Crimes (Family Violence) Act 1987. 2. Authorising provisions These Rules are made under section 280A of the Children and Young Persons Act 1989 and all other enabling powers. 3. Commencement These Rules come into operation on 26 July 2000. 4. Definitions In these Rules— "the Act" means the Crimes (Family Violence) Act 1987; "Children's Court" means the Children's Court as defined in section 3(1) of the Children and Young Persons Act 1989. 5. Form of complaint and summons A complaint for an intervention order must be in Form 1. -- 2 of 14 -- S.R. No. 74/2000 Children's Court (Family Violence) Rules 2000 2 6. Form of complaint and warrant A complaint and warrant must be in Form 2. 7. Form of consent The consent of a person for the purposes of section 7 or section 16 of the Act must be given in Form 3. 8. Application for variation on revocation of order An application for the revocation, variation or extension of an intervention order must be in Form 4. 9. Form for intervention order An intervention order must be in Form 5. __________________ r. 6 -- 3 of 14 -- S.R. No. 74/2000 Children's Court (Family Violence) Rules 2000 3 FORMS FORM 1 Sections 7, 9 Complaint and Summons for an Intervention Order Court Ref. Date of Hearing / / Who makes the Complaint? (Complainant) Address Postcode: Phone: The complainant ! is a member of the Police Force ! is the aggrieved family member ! is a parent of the aggrieved family member who is a child ! has the written consent of the aggrieved family member, (if over 17) or, if the aggrieved family member is a child under 17, with the written consent of the parent of the child ! is a guardian appointed under the Guardianship and Administration Act 1986 ! is a person who seeks to make the complaint with the leave of the Court If the complainant is either— (a) a child aged 14 or older (but less than 17); or (b) a person who is not a parent of an aggrieved family member who is a child and who does not have the written consent of a parent of the child; or (c) a person other than the guardian appointed under the Guardianship and Administration Act 1986 if an appointment has been made— the leave of the Court to make the complaint is required. Do you require the leave of the Court? ! Yes ! No Who is the complaint against ! Male ! Female Address Postcode: Date of Birth / / Form 1 -- 4 of 14 -- S.R. No. 74/2000 Children's Court (Family Violence) Rules 2000 4 The Complaint State briefly why an Intervention Order is needed. Give a brief outline of each incident including the date and place where it happened. Who needs the Order? (Aggrieved Family Member) ! Male ! Female Relationship to the defendant Date of Birth / / Do you need an interpreter? ! No ! Yes—What language (If the Complaint is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member) Have you applied for, or received a Court Order under the— Family Law Act of the Commonwealth? ! No ! Yes—write details below Crimes (Family Violence) Act 1987? ! No ! Yes—write details below Please give the date the Order or Application was made, the type of Order or Application and the name of the court. What sort of Intervention Order do you want? State precisely the terms of the Order sought. What things does the defendant do that you want stopped and how do you want the Court to help you prevent them from happening? Number each one. Complainant's signature(s) Date / / Form 1 -- 5 of 14 -- S.R. No. 74/2000 Children's Court (Family Violence) Rules 2000 5 To the defendant WARNING: If you do not come to Court, the Court may hear the case without you or adjourn the case and issue a warrant for your arrest. Where you must go Children's Court Address Phone When Time Day Month Year This Complaint was made to me, the Registrar of the Children's Court at: Registrar's signature Registrar Date / / __________________ Form 1 -- 6 of 14 -- S.R. No. 74/2000 Children's Court (Family Violence) Rules 2000 6 FORM 2 Sections 9, 10 Complaint and Warrant for an Intervention Order Court Ref. Who makes the Complaint? (Complainant) Address Postcode: Phone: The complainant ! is a member of the Police Force ! is the aggrieved family member ! is a parent of the aggrieved family member who is a child ! has the written consent of the aggrieved family member, (if over 17) or, if the aggrieved family member is a child under 17, with the written consent of the parent of the child ! is a guardian appointed under the Guardianship and Administration Act 1986 ! is a person who seeks to make the complaint with the leave of the Court If the complainant is either— (a) a child aged 14 or older (but less than 17); or (b) a person who is not a parent of an aggrieved family member who is a child and who does not have the written consent of a parent of the child; or (c) a person other than the guardian appointed under the Guardianship and Administration Act 1986 if an appointment has been made— the leave of the Court to make the complaint is required. Do you require the leave of the Court? ! Yes ! No Who is the complaint against ! Male ! Female Address Postcode: Date of Birth / / The Complaint State briefly why an Intervention Order is needed. Give a brief outline of each incident including the date, place and where it happened. Form 2 -- 7 of 14 -- S.R. No. 74/2000 Children's Court (Family Violence) Rules 2000 7 Who needs the Order? (Aggrieved Family Member) ! Male ! Female Relationship to the defendant Date of Birth / / Do you need an interpreter? ! No ! Yes—What language (If the Complaint is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member) Have you applied for, or received a Court Order under the— Family Law Act of the Commonwealth? ! No ! Yes—write details below Crimes (Family Violence) Act 1987? ! No ! Yes—write details below Please give the date the Order or Application was made, the type of Order or Application and the name of the Court. What sort of Intervention Order do you want? State precisely the terms of the Order sought. What things does the defendant do that you want stopped and how do you want the Court to help you prevent them from happening? Number each one. Complainant's signature Date / / Warrant to Arrest To all Members of the Victoria Police Force— This Complaint was sworn before me, the *Magistrate/*Registrar of the Children's Court at I therefore authorise you to enter and search by day or by night— * any dwelling house, * tenement, * ship or other place whatsoever, where the defendant is suspected to be and you are authorised to use all necessary force for the purpose and if necessary break any outer door or window. Form 2 -- 8 of 14 -- S.R. No. 74/2000 Children's Court (Family Violence) Rules 2000 8 You are further authorised to arrest the defendant and immediately take * him * her before a * Bail Justice or * the Children's Court at to answer the complaint. Issued at the Children's Court at On / / Issued by *Magistrates'/*Registrar's signature *Magistrate/*Registrar *Delete if inapplicable __________________ Form 2 -- 9 of 14 -- S.R. No. 74/2000 Children's Court (Family Violence) Rules 2000 9 FORM 3 Sections 7, 16 Consent Court Ref. Name Address [ ] an aggrieved family member [ ] the parent of a child who is an aggrieved family member Name authorise Name Address the person making the complaint to— [ ] make a complaint for an Intervention Order [ ] apply to revoke, vary or extend an Intervention Order made against the defendant on / / by the Children's Court Who is the complaint against? (defendant) Signature of person giving consent Date / / Signature of witness Date / / __________________ Form 3 -- 10 of 14 -- S.R. No. 74/2000 Children's Court (Family Violence) Rules 2000 10 FORM 4 Section 16 Application to revoke, vary or extend an Intervention Order Court Ref. The Children's Court at on / / *heard a Complaint and made an Intervention Order *registered an order made at on / / The original Complaint Who made the complaint? (Complainant) Address Who needed the Order? (Aggrieved Family Member) (If the Complaint is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member) Who was the complaint against? (Defendant) This application is to be served on: Respondent Name: Respondent Address: (If the application is for more than one respondent set out the name and particulars of each such respondent) The Court ordered the defendant to This Order will last until / / Who is making the application? (Applicant) My full name is Address Form 4 -- 11 of 14 -- S.R. No. 74/2000 Children's Court (Family Violence) Rules 2000 11 The application I am applying to the Court to have the order: ! revoked ! extended for days weeks months ! varied in the following way: My reasons for wanting the order changed are: Signature of applicant Date / / Where will the application be heard? Children's Court Address Phone When Time Day Month Year WARNING: If you do not come to Court the case may be heard without you. Signature Registrar of the Children's Court. Date / / *Delete if inapplicable __________________ Form 4 -- 12 of 14 -- S.R. No. 74/2000 Children's Court (Family Violence) Rules 2000 12 FORM 5 Section 4 Intervention Order Court Ref. Defendant's name M F Date of Birth Address / / Postcode PRN On / / at the Children's Court at a Court Order was made against you. You [ ] were [ ] were not at Court. WARNING: If you do not obey this Order you may be arrested and charged with a criminal offence. Complainant Aggrieved Family Member (If the Order is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member) The court ordered that This Order will last until / / [ ] This is an Interim Intervention Order This Order [ ] revokes [ ] extends [ ] varies the Order made by the Court on / / To the Victoria Police Force [ ] The defendant was not served with a copy of the Complaint and Summons [ ] The defendant was served with a copy of the Complaint and Summons [ ] The defendant agreed to this Order being made. Magistrate Form 5 -- 13 of 14 -- S.R. No. 74/2000 Children's Court (Family Violence) Rules 2000 13 Dated: 26 July 2000 JENNIFER ANN COATE, President of the Children's Court of Victoria CLIVE JAMES McPHERSON, Magistrate ANNE JEANETTE MAUGHAN, Magistrate ═══════════════ Form 5 -- 14 of 14 --