Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 519

S. 519(1) amended by No. 68/2009 s. 74(b).

    (1)     The Koori Court (Criminal Division) only has jurisdiction to deal with a proceeding for an offence (other than an offence constituted by a breach of a sentence imposed by it) if—

        (a)     the child is Aboriginal; and

        (b)     the offence is within the jurisdiction of the Criminal Division, other than a sexual offence as defined in section 6B(1) of the Sentencing Act 1991 ; and

        (c)     the child—

              (i)     intends to plead guilty to the offence; or

              (ii)     pleads guilty to the offence; or

S. 519(1)(c)(iii) amended by No. 43/2017 s. 63(1).

              (iii)     has been found guilty of the offence by the Criminal Division; or

S. 519(1)(c)(iv) inserted by No. 43/2017 s. 63(2).

              (iv)     intends to consent to the adjournment of the proceeding under section 356D to enable the child to participate in a diversion program; and

        (d)     the child consents to the proceeding being dealt with by the Koori Court (Criminal Division).

    (2)     Subject to and in accordance with the rules—

        (a)     a proceeding may be transferred to the Koori Court (Criminal Division), whether sitting at the same or a different venue; and

        (b)     the Koori Court (Criminal Division) may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the Criminal Division, whether sitting at the same or a different venue.

    (3)     Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act.