Victorian Numbered Regulations Victorian Numbered RegulationsAfter Form 6–3BI of the Principal Rules insert —
"Rule 3C.02
FORM 6–3CA
IN THE MATTER of an appeal by [ name ], a child, under section 38U(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
NOTICE OF APPEAL BY A CHILD AGAINST FINDING OF UNFITNESS TO BE TRIED
TO the Registrar of the Children's Court at:
TO the Prothonotary at:
AND TO the respondent [ name ]:
I, [ full name of appellant ], a child, appeal to the Trial Division of the Supreme Court under section 38U(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against a finding that I am unfit to stand trial made by the Children's Court constituted by the President on [ date ] at [ place ].
The grounds of the appeal are:
[ set out the grounds in numbered paragraphs ].
[ Signed by or on behalf of the appellant or by legal practitioner on behalf of appellant ]
PARTICULARS
1. Name and address of appellant:
2. Address for service of appellant:
3. Name and address of respondent:
4. Alleged offence(s) to which this appeal relates:
5. Name and address of legal practitioner who represented appellant at proceeding in the Children's Court:
6. Name of counsel (if any) who represented appellant at proceeding in the Children's Court:
*7. I intend to personally attend the hearing of the appeal.
*7. I intend to appear by audio visual link at the appeal.
ACCOMPANYING AFFIDAVIT
Filed with this notice of appeal is an affidavit in support and the requisite exhibits in accordance with Rule 3C.07 of Chapter VI of the Supreme Court Rules.
The Children's Court must transmit this notice and the accompanying affidavit and exhibits to the Prothonotary of the Supreme Court. The appellant must serve a copy of this notice and a copy of the accompanying affidavit and copies of the exhibits on the respondent in accordance with section 392 of the Criminal Procedure Act 2009 within 7 days after the day on which this notice is filed.
*Delete if not applicable
__________________
Rule 3C.03
FORM 6–3CB
IN THE MATTER of an appeal by [ name ], a child, under section 38ZE(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
NOTICE OF APPEAL BY CHILD AGAINST FINDING OF NOT GUILTY BECAUSE OF MENTAL IMPAIRMENT
TO the Registrar of the Children's Court at:
TO the Prothonotary at:
AND TO the respondent [ name ]:
I, [ full name of appellant ], a child, appeal to the Trial Division of the Supreme Court under section 38ZE(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against a finding of the Children's Court constituted by the President made on [ date ] at [ place ] and recorded against me that I am not guilty of *an alleged offence/*alleged offences because of mental impairment.
The grounds of the appeal are:
[ set out the grounds in numbered paragraphs ].
[ Signed by or on behalf of the appellant or by legal practitioner on behalf of appellant ]
PARTICULARS
1. Name and address of appellant:
2. Address for service of appellant:
3. Name and address of respondent:
4. Alleged offence(s) to which this appeal relates:
5. Name and address of legal practitioner who represented appellant at proceeding in the Children's Court:
6. Name of counsel (if any) who represented appellant at proceeding in the Children's Court:
*7. I intend to personally attend the hearing of the appeal.
*7. I intend to appear by audio visual link at the appeal.
ACCOMPANYING AFFIDAVIT
Filed with this notice of appeal is an affidavit in support and the requisite exhibits in accordance with Rule 3C.07 of Chapter VI of the Supreme Court Rules.
The Children's Court must transmit this notice and the accompanying affidavit and exhibits to the Prothonotary of the Supreme Court. The appellant must serve a copy of this notice and a copy of the accompanying affidavit and copies of the exhibits on the respondent in accordance with section 392 of the Criminal Procedure Act 2009 within 7 days after the day on which this notice is filed.
*Delete if not applicable
__________________
Rule 3C.04
FORM 6–3CC
IN THE MATTER of an appeal by the DPP under section 38ZF(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
NOTICE OF APPEAL BY DPP AGAINST AN ORDER FOR UNCONDITIONAL RELEASE
TO the Registrar of the Children's Court at:
TO the Prothonotary at:
AND TO the respondent [ name of respondent child ]:
I, [ full name ], the Director of Public Prosecutions, appeal to the Trial Division of the Supreme Court under section 38ZF(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against an order for unconditional release made by the Children's Court constituted by the President on [ date ] at [ place ] in relation to the respondent child [ name ].
I consider that the order for unconditional release should not have been made and that this appeal should be brought in the public interest.
The grounds of the appeal are:
[ set out the grounds in numbered paragraphs ].
Date:
[ Signed personally by DPP ]
PARTICULARS
1. Address for service of appellant:
2. Name and address of respondent child:
3. Alleged offence(s) to which this appeal relates:
4. Name and address of legal practitioner who represented appellant at proceeding in the Children's Court:
5. Name of counsel (if any) who represented appellant at proceeding in the Children's Court:
ACCOMPANYING AFFIDAVIT
Filed with this notice of appeal is an affidavit in support and the requisite exhibits in accordance with Rule 3C.07 of Chapter VI of the Supreme Court Rules.
The Children's Court must transmit this notice and the accompanying affidavit and exhibits to the Prothonotary of the Supreme Court. The appellant must serve a copy of this notice and a copy of the accompanying affidavit and copies of the exhibits on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which this notice is filed.
*Delete if not applicable
__________________
Rule 3C.05
r. 7
FORM 6–3CD
IN THE MATTER of an appeal by [ name ], a child, under section 38ZJ(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
NOTICE OF APPEAL BY A CHILD AGAINST SUPERVISION ORDER
TO the Registrar of the Children's Court at:
TO the Prothonotary at:
AND TO the respondent [ name ]:
I, [ full name of appellant ], appeal to the Trial Division of the Supreme Court under section 38ZJ(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against a supervision order made in relation to me by the Children's Court constituted by the President on [ date ] at [ place ].
The grounds of the appeal are:
[ set out the grounds in numbered paragraphs ].
[ Signed by or on behalf of the appellant or by legal practitioner on behalf of appellant ]
PARTICULARS
1. Name and address of appellant:
2. Address for service of appellant:
3. Name and address of respondent:
4. Alleged offence(s) to which this appeal relates:
5. Name and address of legal practitioner who represented appellant at proceeding in the Children's Court:
6. Name of counsel (if any) who represented appellant at proceeding in the Children's Court:
*7. I intend to personally attend the hearing of the appeal.
*7. I intend to appear by audio visual link at the appeal.
ACCOMPANYING AFFIDAVIT
Filed with this notice of appeal is an affidavit in support and the requisite exhibits in accordance with Rule 3C.07 of Chapter VI of the Supreme Court Rules.
The Children's Court must transmit this notice and the accompanying affidavit and exhibits to the Prothonotary of the Supreme Court. The appellant must serve a copy of this notice and a copy of the accompanying affidavit and copies of the exhibits on the respondent in accordance with section 392 of the Criminal Procedure Act 2009 within 7 days after the day on which this notice is filed.
*Delete if not applicable
__________________
Rule 3C.06
FORM 6–3CE
IN THE MATTER of an appeal under section 38ZJ(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
NOTICE OF APPEAL BY *DPP/*ATTORNEY-GENERAL/*SECRETARY TO THE DEPARTMENT OF HUMAN SERVICES/*SECRETARY TO THE DEPARTMENT OF HEALTH AGAINST SUPERVISION ORDER
TO the Registrar of the Children's Court at:
TO the Prothonotary at:
AND TO the respondent [ name of respondent child ]:
I, [ full name ], the *Director of Public Prosecutions/*Attorney-General/*Secretary to the Department of Human Services/*Secretary to the Department of Health appeal to the Trial Division of the Supreme Court under section 38ZJ(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against a supervision order made by the Children's Court constituted by the President on [ date ] at [ place ] in relation to the respondent child [ name ].
I consider that a different supervision order should have been made and that this appeal should be brought in the public interest.
The grounds of the appeal are:
[ set out the grounds in numbered paragraphs ].
Date:
[ Signed personally by *DPP/*Attorney-General/*Secretary to the Department of Human Services/*Secretary to the Department of Health ]
PARTICULARS
r. 7
1. Address for service of appellant:
2. Name and address of respondent child:
3. Alleged offence(s) to which this appeal relates:
4. Name and address of legal practitioner who represented appellant at proceeding in the Children's Court:
5. Name of counsel (if any) who represented appellant at proceeding in the Children's Court:
ACCOMPANYING AFFIDAVIT
Filed with this notice of appeal is an affidavit in support and the requisite exhibits in accordance with Rule 3C.07 of Chapter VI of the Supreme Court Rules.
The Children's Court must transmit this notice and the accompanying affidavit and exhibits to the Prothonotary of the Supreme Court. The appellant must serve a copy of this notice and a copy of the accompanying affidavit and copies of the exhibits on the respondent in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which this notice is filed and provide a copy of the notice and a copy of the accompanying affidavit and copies of the exhibits to the legal practitioner who last represented the respondent in the proceeding in the Children's Court when the supervision order was made, if that legal practitioner can reasonably be identified.
*Delete if not applicable
__________________".
Dated: 30 October 2014
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
ROBERT REDLICH, J.A.
MARK WEINBERG, J.A.
SIMON P. WHELAN, J.A.
J. G. SANTAMARIA, J.A.
DAVID F. R. BEACH, J.A.
K. WILLIAMS, J.
STEPHEN KAYE, J.
ELIZABETH HOLLINGWORTH, J.
KEVIN H. BELL, J.
BETTY JUNE KING, J.
ANTHONY CAVANOUGH, J.
JACK FORREST, J.
JAMES JUDD, J.
TERRY FORREST, J.
KARIN EMERTON, J.
M. L. SIFRIS, J.
JOHN DIXON, J.
KATE McMILLAN, J.
GREG GARDE, J.
JAMES D. ELLIOTT, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
M. J. CROUCHER, J.
CHRISTOPHER W. BEALE, J.
MICHAEL McDONALD, J.
═══════════════