Victorian Numbered Acts Victorian Numbered ActsAfter section 4 of the Principal Act insert —
(1) The court has a Koori Court Division.
(2) The Koori Court Division has such of the powers of the court as are necessary to enable it to exercise its jurisdiction.
(3) Despite anything to the contrary in this Act, the Koori Court Division may only sit and act at a place of the court specified by the Chief Judge by notice published in the Government Gazette.
(4) The operation of section 3B is subject to this section.
(5) The Koori Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the court permit.
(6) The Koori Court 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 defendant; and
(b) a family member of the defendant; and
(c) any member of the Aboriginal community who is present in court.
(7) Subject to this Act, the regulations and the rules, the Koori Court Division may regulate its own procedure.
The Koori Court Division has—
(a) jurisdiction to deal with a proceeding for an offence given to it by section 4C; 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) jurisdiction to hear (in accordance with the rules) an appeal given to it by section 4D; and
(d) any other jurisdiction given to it by or under this or any other Act or the rules.
The Koori Court Division 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) in the circumstances set out in section 4E.
(1) The Koori Court Division has jurisdiction to hear an appeal under section 83 or 84 of the Magistrates' Court Act 1989 in the circumstances set out in section 4E if the appeal is against a sentencing order made by—
(a) the Koori Court Division of the Magistrates' Court; or
(b) the Magistrates' Court other than the Koori Court Division of that court.
(2) An appeal to the Koori Court Division under section 83 or 84 of the Magistrates' Court Act 1989 must be conducted as a re-hearing and is limited to an appeal against a sentencing order.
(3) Section 85 of the Magistrates' Court Act 1989 does not apply to an appeal to the Koori Court Division.
For the purposes of sections 4C and 4D, the circumstances are—
(a) the defendant is Aboriginal; and
(b) the offence is within the jurisdiction of the County Court, other than—
(i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991 ; or
(ii) an offence against section 22 of the Crimes (Family Violence) Act 1987 (breach of intervention order or interim intervention order) or an offence arising out of the same conduct as that out of which the offence against section 22 arose; and
(c) the defendant pleads guilty to
the offence; and
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(d) the defendant consents to the proceeding being dealt with by the Koori Court Division; and
(e) the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it.
Subject to, and in accordance with the rules—
(a) a proceeding may be transferred to the Koori Court Division, whether sitting at the same or a different venue; and
(b) the Koori Court Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the court, sitting other than as the Koori Court Division, at the same or a different venue.
(1) This section applies to the Koori Court Division when it is considering which sentencing order to make in respect of a defendant.
(2) The Koori Court Division may consider any oral statement made to it by an Aboriginal elder or respected person.
(3) The Koori Court 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—
(a) a Koori Court officer; or
(b) a community corrections officer appointed under Part 4 of the Corrections Act 1986 ; or
(c) a health service provider; or
(d) a victim of the offence; or
(e) a family member of the defendant; or
(f) anyone else whom the Koori Court 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 the rules; or
(b) any other specific provision made by or under this or any other Act or the rules 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.".