Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 16G

Jurisdiction of Neighbourhood Justice Division

16G. Jurisdiction of Neighbourhood Justice Division



(1) In this section-



"close connection" means connection involving regular congregation for the
purpose of social or community support;

"municipal district" means a municipal district specified under section
16F(b).

(2) The Neighbourhood Justice Division only has jurisdiction under this
section if the child consents to the proceeding being dealt with by the
Division.

(3) The Neighbourhood Justice Division has the jurisdiction referred to in
this section if-

   (a)  in the case of a criminal proceeding, the child-

   (i)  resides in the municipal district; or

   (ii) is a homeless person who is alleged to have committed the offence in
        the municipal district; or
(iii) is a homeless person who is alleged to have committed the offence
outside the municipal district but who is living in the municipal district in
accommodation of the kind referred to in paragraph (a) of the definition of
"homeless person" in section 3(1); or

   (iv) is an Aborigine with a close connection to the municipal district and
        is alleged to have committed the offence in that district;

   (b)  in the case of a proceeding under the
        Crimes (Family Violence) Act 1987-

   (i)  at least one of the parties resides in the municipal district; or

   (ii) at least one of the parties is-

                (A)  a homeless person; or

                (B)  an Aborigine with a close connection to the
                     municipal district- and the Court considers that it is
                     appropriate to deal with the matter in the Neighbourhood
                     Justice Division; or

   (iii) the whole or a material part of the allegations of family violence
        occurred in the municipal district.

(4) Subject to sub-section (5), the Neighbourhood Justice Division has-

   (a)  the jurisdiction of the Court given by section 16; and

   (b)  the jurisdiction given to the Criminal Division by or under this or
        any other Act; and

   (c)  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

   (d)  the jurisdiction of the Court given by the
        Crimes (Family Violence) Act 1987.

(5) The Neighbourhood Justice Division does not have jurisdiction to deal
with-

   (a)  a committal proceeding into an indictable offence; or

   (b)  a proceeding for a sexual offence as defined in section 6B(1) of the
        Sentencing Act 1991.