Victorian Numbered Acts

CHILDREN AND YOUNG PERSONS (KOORI COURT) ACT 2004 (NO 89 OF 2004) - SECT 6

After section 16 of the Principal Act insert —

"16A.     Koori Court (Criminal Division)

    (1)     The Koori Court (Criminal Division) has all of the powers of the Court that are necessary to enable it to exercise its jurisdiction.

    (2)     Despite anything to the contrary in this Act, the Koori Court (Criminal Division) may only sit and act at a venue of the Court specified by the President, after consulting the Chief Magistrate, by notice published in the Government Gazette.

    (3)     The Koori Court (Criminal Division) must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the proper consideration of the matters before the Court permit.

    (4)     The Koori Court (Criminal Division) must take steps to ensure that, so far as practicable, any proceeding before it is conducted in a way which it considers will make it comprehensible to—

        (a)     the child; and

        (b)     a family member of the child; and

        (c)     any member of the Aboriginal community who is present in court.

    (5)     Subject to this Act, the regulations and the rules, the Koori Court (Criminal Division) may regulate its own procedure.

    (6)     Nothing in this section limits Division 3.

16B.     Jurisdiction of Koori Court (Criminal Division)

The Koori Court (Criminal Division) has—

        (a)     the jurisdiction to deal with a proceeding for an offence given to it by section 16C; and

        (b)     jurisdiction to deal with a breach of a sentencing order made by it (including any offence constituted by such a breach) or variation of such a sentencing order; and

        (c)     any other jurisdiction given to it by or under this or any other Act.

16C.     Circumstances in which Koori Court (Criminal Division) may deal with certain offences

    (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 sentencing order made 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

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

16D.     Sentencing procedure in Koori Court (Criminal Division)

    (1)     This section applies to the Koori Court (Criminal Division) when it is considering which sentencing order to make in respect of a child.

    (2)     The Koori Court (Criminal Division) may consider any oral statement made to it by an Aboriginal elder or respected person.

    (3)     The Koori Court (Criminal Division) may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by—
s. 6

        (a)     a Children's Koori Court officer; or

        (b)     a juvenile justice worker employed under Part 3 of the Public Sector Management and Employment Act 1998 ; or

        (c)     a health service provider; or

        (d)     a victim of the offence; or

        (e)     a family member of the child; or

        (f)     anyone else whom the Koori Court (Criminal Division) considers appropriate.

    (4)     Nothing in this section affects the requirement to observe the rules of natural justice.

    (5)     This section does not limit—

        (a)     any other power conferred on the Court by or under this or any other Act; or

        (b)     any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in determining sentence.

    (6)     Nothing in section 136 operates to limit this section.".