Children and Young Persons (Appointment of President) Act 2000

i Children and Young Persons (Appointment of President) Act 2000 Act No. 36/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Constitution of, and arrangements for, Children's Court 2 5. New section 12 substituted 2 12. President 2 6. Acting President 4 7. Assignment of duties and delegation 5 8. New section 13B inserted 5 13B. Protection of President 5 9. New section 14A inserted 5 14A. Annual report 5 10. Restriction on publication of proceedings 6 11. Appeals (Family Division) 6 12. Appeals (Criminal Division) 7 13. Supreme Court—limitation of jurisdiction 10 14. Rules 10 15. New section 280D inserted 10 280D. Practice notes 10 16. Transitional provisions 10 17. Appeals under Crimes (Family Violence) Act 1987 11 18. New section 25B inserted 12 25B. Supreme Court—limitation of jurisdiction 12 ═══════════════ NOTES 13 -- 1 of 14 -- 1 Children and Young Persons (Appointment of President) Act 2000 † [Assented to 6 June 2000] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Children and Young Persons Act 1989 to provide for the Children's Court to be presided over by a President who is a judge of the County Court. The Act also provides that appeals from the Children's Court when constituted by the President lie to the Supreme Court. Victoria No. 36 of 2000 -- 2 of 14 -- Act No. 36/2000 Children and Young Persons (Appointment of President) Act 2000 2 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day to be proclaimed. (2) If this Act does not come into operation before 1 August 2000, it comes into operation on that day. 3. Principal Act In this Act, the Children and Young Persons Act 1989 is called the Principal Act. 4. Constitution of, and arrangements for, Children's Court (1) In section 8(2) of the Principal Act, after "consist of" insert "a President,". (2) In section 8(7) of the Principal Act, after "constituted by" insert "the President or". (3) In sections 9(1)(b) and (1A), 10 and 11(1) and (3) of the Principal Act, for "Chief Magistrate" substitute "President, after consulting the Chief Magistrate,". (4) In section 11(2) of the Principal Act, for "Chief Magistrate" substitute "President". 5. New section 12 substituted For section 12 of the Principal Act substitute— "12. President (1) There is to be an office of President of the Children's Court. (2) The President must be a judge of the County Court who is appointed by the Governor in Council on the recommendation of the s. 2 No. 56/1989. Reprint No. 5 as at 1 July 1998. Further amended by Nos 10/1999, 12/1999 and 19/1999. -- 3 of 14 -- Act No. 36/2000 Children and Young Persons (Appointment of President) Act 2000 3 Attorney-General made after consultation with the Chief Judge. (3) Subject to this Act, the President holds office— (a) for the term (not exceeding 5 years) that is specified in his or her instrument of appointment, and is eligible for re- appointment; and (b) on any other terms and conditions that are specified in his or her instrument of appointment. (4) The appointment of a judge of the County Court as President does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge. (5) Nothing in sub-section (4) limits the power of the Governor in Council to specify in the instrument of appointment of the President terms and conditions of appointment (other than as to salary or allowances), whether or not inconsistent with rights or privileges that he or she has as a judge. (6) Service in the office of President must be taken for all purposes to be service in the office of judge of the County Court. (7) Nothing in this Act prevents a judge of the County Court appointed as President from constituting the County Court for the purpose of the exercise by the County Court of any of its functions. (8) The President may exercise any power conferred on a magistrate by or under this or any other Act. s. 5 -- 4 of 14 -- Act No. 36/2000 Children and Young Persons (Appointment of President) Act 2000 4 (9) The Public Sector Management and Employment Act 1998 does not apply to the President in respect of the office of President. (10) The office of President becomes vacant if he or she ceases to hold the office of judge of the County Court.". 6. Acting President (1) In section 12A(1) of the Principal Act— (a) for "Chief Magistrate" substitute "President"; (b) for "Acting Children's Court Senior Magistrate" substitute "Acting President"; (c) in paragraph (a) for "the Children's Court Senior Magistrate" substitute "President"; (d) in paragraph (b) for "Children's Court Senior Magistrate" (where twice occurring) substitute "President". (2) In section 12A(2) of the Principal Act— (a) for "Chief Magistrate" (where secondly occurring) substitute "President"; (b) for "Children's Court Senior Magistrate" (wherever occurring) substitute "President". (3) In section 12A(3) of the Principal Act— (a) for "Chief Magistrate" (where secondly occurring) substitute "President"; (b) for "Children's Court Senior Magistrate" substitute "President". (4) In section 12A(4) of the Principal Act, for "Children's Court Senior Magistrate" (wherever occurring) substitute "President". s. 6 -- 5 of 14 -- Act No. 36/2000 Children and Young Persons (Appointment of President) Act 2000 5 (5) In section 12A of the Principal Act, after sub- section (4) insert— "(5) Service in the office of Acting President must not be taken to be service in the office of judge of the County Court.". 7. Assignment of duties and delegation (1) In section 13(1) and (2) of the Principal Act, for "Chief Magistrate" substitute "President". (2) In section 13 of the Principal Act, after sub- section (2) insert— "(3) Nothing in section 13 of the Magistrates' Court Act 1989 gives the Chief Magistrate any power to assign duties to a magistrate for the Court in respect of his or her office as a magistrate for the Court.". (3) In section 13A of the Principal Act, for "Chief Magistrate" substitute "President". 8. New section 13B inserted After section 13A of the Principal Act insert— "13B. Protection of President The President has in the performance of his or her duties as President the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.". 9. New section 14A inserted After section 14 of the Principal Act insert— "14A. Annual report As soon as practicable in each year but not later than 31 October, the President must submit to the Governor a report containing— s. 7 -- 6 of 14 -- Act No. 36/2000 Children and Young Persons (Appointment of President) Act 2000 6 (a) a review of the operation of the Court during the 12 months ending on the preceding 30 June; and (b) such other matters as are prescribed by regulations made under this Act.". 10. Restriction on publication of proceedings (1) In section 26(1) of the Principal Act, for "Children's Court Senior Magistrate" (where twice occurring) substitute "President". (2) In section 116(7)(ca) of the Principal Act, for "Children's Court Senior Magistrate" substitute "President". 11. Appeals (Family Division) (1) In section 116(1) of the Principal Act, after "County Court" insert "or, if the Court was constituted by the President, to the Trial Division of the Supreme Court". (2) In section 116(5) of the Principal Act, after "County Court" insert "or any right under this section to appeal to the Trial Division of the Supreme Court". (3) In section 116(6) of the Principal Act, after "appeals" insert "to the County Court". (4) In section 116 of the Principal Act, after sub- section (6) insert— "(6AA) The provisions of the Magistrates' Court Act 1989 that apply to appeals to the County Court under this section by virtue of sub- section (6) (as modified by that sub-section) apply, with any other necessary modifications, to appeals to the Trial Division of the Supreme Court under this section as if— s. 10 -- 7 of 14 -- Act No. 36/2000 Children and Young Persons (Appointment of President) Act 2000 7 (a) a reference to the County Court were a reference to the Trial Division of the Supreme Court; (b) in section 86(2) the reference to section 74 of the County Court Act 1958 were a reference to section 17(2) of the Supreme Court Act 1986; (c) in section 88AA(2) the reference to the County Court Act 1958 were a reference to the Supreme Court Act 1986; (d) in clause 1(4) of Schedule 6 the reference to rules of the County Court were a reference to rules of the Supreme Court; (e) a reference to the registrar of the County Court were a reference to the prothonotary of the Supreme Court.". (5) In section 116(7) of the Principal Act— (a) in paragraphs (a) and (ca), after "County Court" insert "or the Supreme Court (as the case requires)"; (b) in paragraph (d), after "County Court" insert "or the prothonotary of the Supreme Court (as the case requires)". 12. Appeals (Criminal Division) (1) In section 197(1) and (3) of the Principal Act, after "County Court" insert "or, if the Court was constituted by the President, to the Trial Division of the Supreme Court". (2) In section 197(2) of the Principal Act, after "County Court" insert "or any right under this section to appeal to the Trial Division of the Supreme Court". s. 12 -- 8 of 14 -- Act No. 36/2000 Children and Young Persons (Appointment of President) Act 2000 8 (3) In section 197(4) of the Principal Act, after "County Court" insert "or the Supreme Court (as the case requires)". (4) In section 197(5) of the Principal Act, after "appeals" insert "to the County Court". (5) In section 197 of the Principal Act, after sub- section (5) insert— "(5A) The provisions of the Magistrates' Court Act 1989 that apply to appeals to the County Court under this section by virtue of sub- section (5) (as modified by that sub-section) apply, with any other necessary modifications, to appeals to the Trial Division of the Supreme Court under this section as if— (a) a reference to the County Court were a reference to the Trial Division of the Supreme Court; (b) in section 86(2) the reference to section 74 of the County Court Act 1958 were a reference to section 17(2) of the Supreme Court Act 1986; (c) in section 88AA(2) the reference to the County Court Act 1958 were a reference to the Supreme Court Act 1986; (d) in clause 1(4) of Schedule 6 the reference to rules of the County Court were a reference to rules of the Supreme Court; (e) a reference to the registrar of the County Court were a reference to the prothonotary of the Supreme Court.". s. 12 -- 9 of 14 -- Act No. 36/2000 Children and Young Persons (Appointment of President) Act 2000 9 (6) In section 197(6) and (7) of the Principal Act, after "County Court" insert "or the Supreme Court (as the case requires)". (7) In section 197(8) of the Principal Act— (a) in paragraph (a), after "County Court" insert "or the Supreme Court (as the case requires)"; (b) in paragraph (d), after "County Court" insert "or the prothonotary of the Supreme Court (as the case requires)". (8) In section 197(9) of the Principal Act, after "County Court" insert "or the Supreme Court (as the case requires)". (9) In section 198 of the Principal Act— (a) after "County Court" insert "or the Supreme Court"; (b) after paragraph (b) insert— "; and (c) the reference in section 446(1) (as modified by paragraphs (a) and (b) of this section) to the hearing of an appeal in a proceeding in the Criminal Division of the Children's Court to the County Court included a reference to the hearing of an appeal in a proceeding in the Criminal Division of the Children's Court to the Trial Division of the Supreme Court.". (10) In section 199(2)(a), (4) and (5)(a)(i) of the Principal Act, after "County Court" insert "or the Supreme Court (as the case requires)". s. 12 -- 10 of 14 -- Act No. 36/2000 Children and Young Persons (Appointment of President) Act 2000 10 13. Supreme Court—limitation of jurisdiction In section 279A of the Principal Act, after sub- section (2) insert— "(3) It is the intention of section 13B to alter or vary section 85 of the Constitution Act 1975. (4) It is the intention of sections 116, 197 and 198, as amended by the Children and Young Persons (Appointment of President) Act 2000, to alter or vary section 85 of the Constitution Act 1975.". 14. Rules In sections 280A(1), 280B and 280C of the Principal Act, for "Chief Magistrate and the Children's Court Senior Magistrate" substitute "President together with 2 or more magistrates for the Court". 15. New section 280D inserted After section 280C of the Principal Act insert— "280D. Practice notes (1) The President may from time to time issue practice directions, statements or notes for the Court in relation to proceedings in the Family Division or the Criminal Division or any class of proceeding in the Family Division or the Criminal Division. (2) Practice directions, statements or notes issued under sub-section (1) must not be inconsistent with any provision made by or under this or any other Act.". 16. Transitional provisions s. 13 -- 11 of 14 -- Act No. 36/2000 Children and Young Persons (Appointment of President) Act 2000 11 In Schedule 3 to the Principal Act, at the end of the Schedule insert— "25. (1) The office of Children's Court Senior Magistrate is abolished and the person holding that office immediately before the commencement of section 5 of the Children and Young Persons (Appointment of President) Act 2000 goes out of office. (2) Any reference to the Children's Court Senior Magistrate in any Act or in any subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 must, so far as it relates to any period after the commencement of section 5 of the Children and Young Persons (Appointment of President) Act 2000 and if not inconsistent with the context or subject-matter, be construed as a reference to the President. (3) The amendments of sections 9 and 11 of this Act made by section 4 of the Children and Young Persons (Appointment of President) Act 2000 do not affect the operation of any notice published under section 9 or assignment made under section 11 before the commencement of section 4 of that Act and any such notice or assignment has effect on and after that commencement as if it had been published or made by the President after consulting the Chief Magistrate. (4) The amendments of this Act made by section 14 of the Children and Young Persons (Appointment of President) Act 2000 do not affect the operation of any rules of court made before the commencement of that section under a provision amended by that section.". 17. Appeals under Crimes (Family Violence) Act 1987 s. 17 -- 12 of 14 -- Act No. 36/2000 Children and Young Persons (Appointment of President) Act 2000 12 (1) In section 20(1) of the Crimes (Family Violence) Act 1987, after "County Court" insert "(or, if the court was the Children's Court constituted by the President of that Court, to the Trial Division of the Supreme Court)". (2) In section 20(2) of the Crimes (Family Violence) Act 1987, after "County Court" insert "or the Supreme Court (as the case requires)". (3) In section 21(1) of the Crimes (Family Violence) Act 1987, after "County Court" insert "(or, if the court was the Children's Court constituted by the President of that Court, to the Trial Division of the Supreme Court)". (4) In section 21(2)(e) of the Crimes (Family Violence) Act 1987, after "County Court" insert "or the prothonotary of the Supreme Court (as the case requires)". (5) In section 21(3), (4) and (6) of the Crimes (Family Violence) Act 1987, after "County Court" insert "or the Supreme Court (as the case requires)". 18. New section 25B inserted After section 25A of the Crimes (Family Violence) Act 1987 insert— "25B. Supreme Court—limitation of jurisdiction It is the intention of sections 20 and 21, as amended by section 17 of the Children and Young Persons (Appointment of President) Act 2000, to alter or vary section 85 of the Constitution Act 1975.". ═══════════════ No. 19/1987. Reprint No. 4 as at 16 September 1999. -- 13 of 14 -- Act No. 36/2000 Children and Young Persons (Appointment of President) Act 2000 13 NOTES † Minister's second reading speech— Legislative Assembly: 4 May 2000 Legislative Council: 25 May 2000 The long title for the Bill for this Act was "to amend the Children and Young Persons Act 1989 to provide for the Children's Court to be presided over by a President who is a judge of the County Court, to amend the Crimes (Family Violence) Act 1987 with respect to certain appeals under that Act and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 4 May 2000 Legislative Council: 25 May 2000 Absolute majorities: Legislative Assembly: 24 May 2000 Legislative Council: 30 May 2000 Notes -- 14 of 14 --