Magistrates' Court and Coroners Acts Amendment Act 2007

Magistrates' Court and Coroners Acts Amendment Act 2007 No. 36 of 2007 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—MAGISTRATES' COURT ACT 1989 3 3 Acting magistrates and judicial registrars 3 4 Referrals to the Drug Court Division 3 4B Adjournment of proceeding to Drug Court Division 3 5 Power of registrars to adjourn criminal proceedings 4 6 Persons who may witness statements to be tendered at committal proceedings 4 7 Transitional provision 6 8 Continuation of counselling order provisions 6 PART 3—CORONERS ACT 1985 7 9 New section 51 of Coroners Act 1985 inserted 7 51 General access to records and files 7 PART 4—REPEAL 8 10 Repeal of Act 8 ═══════════════ ENDNOTES 9 i -- 1 of 10 -- Victoria Magistrates' Court and Coroners Acts Amendment Act 2007† No. 36 of 2007 [Assented to 14 August 2007] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are— (a) to amend the Magistrates' Court Act 1989 so as to— (i) clarify the application of the Act in relation to acting magistrates; 1 -- 2 of 10 -- Part 1—Preliminary Magistrates' Court and Coroners Acts Amendment Act 2007 No. 36 of 2007 s. 2 (ii) provide for the assignment of duties to judicial registrars; (iii) streamline the adjournment of criminal proceedings into the Drug Court Division; (iv) extend the power of registrars to adjourn criminal proceedings in the mention system; (v) expand the range of officials who may witness statements to be tendered at committal proceedings; (b) to amend the Magistrates' Court (Family Violence) Act 2004 to provide for counselling order provisions to continue until 30 October 2009; (c) to amend the Coroners Act 1985 to provide for access to coroner's records and files. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ 2 -- 3 of 10 -- Part 2—Magistrates' Court Act 1989 Magistrates' Court and Coroners Acts Amendment Act 2007 No. 36 of 2007 s. 3 PART 2—MAGISTRATES' COURT ACT 1989 3 Acting magistrates and judicial registrars (1) Insert the following definition in section 3(1) of the Magistrates' Court Act 1989— See: Act No. 51/1989. Reprint No. 12 as at 1 October 2006 and amending Act Nos 77/2004, 62/2005, 2/2006, 48/2006, 50/2006, 51/2006, 76/2006, 79/2006 and 13/2007. LawToday: www. legislation. vic.gov.au "magistrate includes an acting magistrate;". (2) In section 4(3A) of the Magistrates' Court Act 1989 omit "or acting magistrate". (3) In section 13(1) and (2) of the Magistrates' Court Act 1989 for "acting magistrate" substitute "judicial registrar". (4) In section 13(3) of the Magistrates' Court Act 1989 after "magistrate" (where first occurring) insert "(other than an acting magistrate)". (5) In section 13B(1) of the Magistrates' Court Act 1989, in paragraph (a) of the definition of judicial officer omit "or acting magistrate". 4 Referrals to the Drug Court Division For sections 4B and 4C of the Magistrates' Court Act 1989 substitute— "4B Adjournment of proceeding to Drug Court Division (1) The Court, at any time before taking a formal plea from the defendant in a criminal proceeding that is not in the Drug Court Division, may adjourn the proceeding to the Drug Court Division at that or another venue if— (a) it appears to the Court that the defendant might be eligible for a drug treatment order if convicted of the offence by the Drug Court Division; and 3 -- 4 of 10 -- Part 2—Magistrates' Court Act 1989 Magistrates' Court and Coroners Acts Amendment Act 2007 No. 36 of 2007 s. 5 (b) the defendant's usual place of residence (if he or she has one) is within a postcode area specified, in relation to the venue at which the Drug Court Division sits and acts, by the Minister by notice published in the Government Gazette; and (c) the defendant consents to the Court doing so. (2) Despite anything to the contrary in this Act, a venue of the Court to which the proceeding is adjourned under subsection (1) is the proper venue of the Court for the purposes of this Act.". 5 Power of registrars to adjourn criminal proceedings In clause 3 of Schedule 2 to the Magistrates' Court Act 1989— (a) in paragraph (a) for "prior to the mention date" substitute "prior to or on the mention date or on the return date"; (b) in paragraph (b) after "mention date" insert "or return date". 6 Persons who may witness statements to be tendered at committal proceedings After clause 8(1)(b)(iv) of Schedule 5 to the Magistrates' Court Act 1989 insert— "(iva) a person employed at Victorian Public Service Grade 4 or higher classification under Part 3 of the Public Administration Act 2004 in the Office of Police Integrity established by section 102A(1) of the Police Regulation Act 1958; or 4 -- 5 of 10 -- Part 2—Magistrates' Court Act 1989 Magistrates' Court and Coroners Acts Amendment Act 2007 No. 36 of 2007 s. 6 (ivb) an officer at Australian Public Service level 5 or higher who is an Investigator in the Investigations Branch of the Department of Employment and Workplace Relations; or (ivc) an officer at Australian Public Service level 5 or higher who is a member of the Investigations Branch of the Inspector General Group in the Department of Defence; or (ivd) a person who is an authorised officer for the purposes of Part 9 of the Law Enforcement Integrity Commissioner Act 2006 of the Commonwealth; or (ive) a person who is an inspector appointed under section 267(1)(a) or (b) of the Radiocommunications Act 1992 of the Commonwealth, a person appointed under regulation 42 of the Radiocommunications Regulations 1993 of the Commonwealth as an authorised person for those Regulations or a person who is an inspector for the purposes of a provision of the Telecommunications Act 1997 of the Commonwealth by force of section 533(1)(a) or (b) of that Act; or (ivf) an Investigations Officer at Australian Public Service level 5 or higher in the Department of Agriculture, Fisheries and Forestry; or (ivg) an officer at Australian Public Service level 5 or higher who is an authorised person in relation to a provision of Part 6-2 of the Therapeutic Goods Act 1989 of the Commonwealth and employed in the Surveillance Unit, Therapeutic Goods Administration of the Department of Health and Ageing; or 5 -- 6 of 10 -- Part 2—Magistrates' Court Act 1989 Magistrates' Court and Coroners Acts Amendment Act 2007 No. 36 of 2007 s. 7 (ivh) a member of the staff of the National Offshore Petroleum Safety Authority who is appointed as an OHS inspector under section 150YL of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; or (ivi) a member of the staff of the Australian Crime Commission who is an Investigator; or". 7 Transitional provision After clause 37 of Schedule 8 to the Magistrates' Court Act 1989 insert— "38 A notice by the Minister published in the Government Gazette under section 4B or 4C of this Act before the commencement of section 4 of the Magistrates' Court and Coroners Acts Amendment Act 2007 and in force immediately before that commencement is not affected by the substitution for those sections of a new section 4B effected by that section 4 and the notice continues to have effect as if it were a notice published under the new section 4B(1)(b).". 8 Continuation of counselling order provisions In section 2(2) of the Magistrates' Court (Family Violence) Act 2004 for "30 October 2007" substitute "30 October 2009". See: Act No. 77/2004 as amended by Act No. 108/2004. LawToday: www. legislation. vic.gov.au __________________ 6 -- 7 of 10 -- Part 3—Coroners Act 1985 Magistrates' Court and Coroners Acts Amendment Act 2007 No. 36 of 2007 s. 9 PART 3—CORONERS ACT 1985 9 New section 51 of Coroners Act 1985 inserted After section 50 of the Coroners Act 1985 insert— See: Act No. 10257. Reprint No. 5 as at 26 November 2004 and amending Act Nos 108/2004, 18/2005, 77/2005, 97/2005, 48/2006, 59/2006 and 63/2006. LawToday: www. legislation. vic.gov.au "51 General access to records and files (1) Subject to sections 30E and 58(1), before the completion of an investigation or inquest into a death or an investigation or inquest into a fire, a coroner may direct that the coroner's file relating to that investigation or inquest, or any part of that file, is to be made available to any person or class of person as the coroner directs. (2) Subject to sections 30E and 58(1), after the completion of an investigation or inquest into a death or an investigation or inquest into a fire, the coroner's record and the coroner's file relating to that investigation or inquest is to be open to public access unless a coroner otherwise orders. (3) Nothing in this section affects or limits the functions and powers of a coroner under section 21, 22, 22A, 30F, 38 or 45(1).". __________________ 7 -- 8 of 10 -- Part 4—Repeal Magistrates' Court and Coroners Acts Amendment Act 2007 No. 36 of 2007 s. 10 PART 4—REPEAL 10 Repeal of Act This Act is repealed on the first anniversary of its commencement. ═══════════════ 8 -- 9 of 10 -- Magistrates' Court and Coroners Acts Amendment Act 2007 No. 36 of 2007 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 7 June 2007 Legislative Council: 19 July 2007 The long title for the Bill for this Act was "A Bill for an Act to amend the Magistrates' Court Act 1989, the Magistrates' Court (Family Violence) Act 2004 and the Coroners Act 1985 and for other purposes." 9 -- 10 of 10 --