Magistrates' Court (Family Violence) (Amendment) Rules 1998

i Magistrates' Court (Family Violence) (Amendment) Rules 1998 S.R. No. 92/1998 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Principal Rules 1 4. Substitution of Forms 1, 2 and 4 1 Form 1—Complaint and Summons 2 Form 2—Complaint and Warrant 4 Form 4—Application to revoke, vary or extend an Intervention Order 6 5. Amendment to Form 5 8 ═══════════════ NOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 1998 S.R. No. 92/1998 Magistrates' Court Act 1989 Interpretation of Legislation Act 1984 Magistrates' Court (Family Violence) (Amendment) Rules 1998 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1. Object The object of these Rules is to make miscellaneous amendments to the Principal Rules consequential upon the enactment of Part 3 of the Law and Justice Legislation Amendment Act 1997. 2. Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989, section 50 of the Interpretation of Legislation Act 1984 and all other enabling powers. 3. Principal Rules In these Rules the Magistrates' Court (Family Violence) Rules 1990 1 are called the Principal Rules. 4. Substitution of Forms 1, 2 and 4 For Forms 1, 2 and 4 to the Principal Rules substitute— -- 2 of 10 -- S.R. No. 92/1998 Magistrates' Court (Family Violence) (Amendment) Rules 1998 2 "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 Board 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 Board 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 / / r. 4 -- 3 of 10 -- S.R. No. 92/1998 Magistrates' Court (Family Violence) (Amendment) Rules 1998 3 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. 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? ! No ! Yes—write details below Crimes (Family Violence) Act? ! 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 / / r. 4 -- 4 of 10 -- S.R. No. 92/1998 Magistrates' Court (Family Violence) (Amendment) Rules 1998 4 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 *Magistrates'/*Children's Court Address Phone When Time Day Month Year This Complaint was made to me, the Registrar of the *Magistrates'/*Children's Court at: Registrar's signature Registrar of the *Magistrates'/*Children's Court Date / / *Delete if inapplicable ————————— 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 Board 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 r. 4 -- 5 of 10 -- S.R. No. 92/1998 Magistrates' Court (Family Violence) (Amendment) Rules 1998 5 (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 Board 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. 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? ! No ! Yes—write details below Crimes (Family Violence) Act? ! 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. r. 4 -- 6 of 10 -- S.R. No. 92/1998 Magistrates' Court (Family Violence) (Amendment) Rules 1998 6 Complainant's signature(s) Date / / Warrant to Arrest To all Members of the Victoria Police Force— This Complaint was sworn before me, the *Magistrate/*Registrar of the *Magistrates'/ *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. You are further authorised to arrest the defendant and immediately take * him * her before a * Bail Justice or * the Magistrates'/Children's Court at to answer the complaint. Issued at the *Magistrates'/*Children's Court at On / / Issued by *Magistrates'/*Registrar's signature *Magistrate/*Registrar *Delete if inapplicable ————————— FORM 4 Section 16 Application to revoke, vary or extend an Intervention Order Court Ref. The *Magistrates'/*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 r. 4 -- 7 of 10 -- S.R. No. 92/1998 Magistrates' Court (Family Violence) (Amendment) Rules 1998 7 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 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: r. 4 -- 8 of 10 -- S.R. No. 92/1998 Magistrates' Court (Family Violence) (Amendment) Rules 1998 8 Signature of applicant Date / / Where will the application be heard? *Magistrates'/*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 *Magistrates'/*Children's Court. Date / / *Delete if inapplicable". 5. Amendment to Form 5 In Form 5 to the Principal Rules after— "Complainant Aggrieved Family Member ". insert— "(If the Order is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member)". Dated: 16 July 1998 MICHAEL A. ADAMS QC, Chief Magistrate BRIAN S. BARROW, Deputy Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate ═══════════════ r. 5 -- 9 of 10 -- S.R. No. 92/1998 Magistrates' Court (Family Violence) (Amendment) Rules 1998 9 NOTES 1 Rule 3: S.R. No. 203/1990. Notes -- 10 of 10 --