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Version No. 002

Children's Court Authentication and Electronic Transmission Rules 2020

S.R. No. 126/2020

Version incorporating amendments as at
9 October 2023

TABLE OF PROVISIONS

Rule Page

Order 1—Preliminary 1

1.01 Object 1

1.02 Authorising provisions 1

1.03 Commencement 2

1.04 Definitions 2

Order 2—Authentication of orders, process and warrants in the Children's Court 3

2.01 Authentication of orders 3

2.02 Issue of process 3

2.03 Authentication of warrants 4

Order 3—Electronic transmission of documents 6

3.01 Filing of documents 6

3.02 Powers of registrar 6

3.03 Application of this Order 7

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Endnotes 9

1 General information 9

2 Table of Amendments 11

3 Explanatory details 12

Version No. 002

Children's Court Authentication and Electronic Transmission Rules 2020

S.R. No. 126/2020

Version incorporating amendments as at
9 October 2023

The President of the Children's Court together with
2 magistrates for that Court jointly make the following Rules:

Order 1—Preliminary

1.01 Object

The object of these Rules is to provide for the following in the Children's Court—

(a) the authentication of orders;

(b) the issue and authentication of process;

(c) the authentication of warrants in proceedings;

(d) the filing of documents by electronic communication.

1.02 Authorising provisions

These Rules are made under the following Acts and all other enabling powers—

(a) section 588 of the Children, Youth and Families Act 2005;

(b) section 210 of the Family Violence Protection Act 2008;

(c) section 184 of the Personal Safety Intervention Orders Act 2010.

1.03 Commencement

These Rules come into operation on 17 November 2020.

Rule 1.04 (Heading) substituted by S.R. No. 104/2023 rule 5(1).

1.04 Definitions

In these Rules—

Rule 1.04 def. of CMS inserted by S.R. No. 104/2023 rule 5(2).

CMS means the computer system in operation in the Court from time to time which, among other things—

(a) deals with process; and

(b) issues documents; and

(c) stores and retrieves documents and information;

Example

Process and court orders.

the Act means the Children, Youth and Families Act 2005.

Order 2—Authentication of orders, process and warrants in the Children's Court

2.01 Authentication of orders

For the purposes of section 537(2) of the Act, an order may be authenticated—

(a) if the order is entered in writing in the court register, whether by the person who constituted the Court or another person, by the person who constituted the Court signing the entry; or

(b) if the order is entered into a computerised data storage and retrieval system, whether by the person who constituted the Court or another person, by the person who constituted the Court confirming the order in the system.

Note

The means by which the person who constituted the Court confirms the order may include the use of an electronic signature.

Rule 2.02 substituted by S.R. No. 104/2023 rule 6.

2.02 Issue of process

Process may be issued by—

(a) a person—

(i) signing the process; or

(ii) signing the process with an electronic signature; or

(iii) sealing the process with an electronic seal; or

(b) CMS with an electronic signature or seal.

2.03 Authentication of warrants

(1) For the purposes of section 57(9) of the Magistrates' Court Act 1989, the execution copy of a warrant specified in subrule (2) issued by the Court may be authenticated by the person who issued the warrant—

(a) signing the copy; or

(b) if the copy is issued electronically—

(i) signing by electronic signature; or

(ii) sealing the copy by electronic seal; or

(c) if the copy is produced by a computer data storage and retrieval system, by including on that copy—

(i) the person's name; and

(ii) the date of issue of the warrant.

(2) For the purposes of subrule (1), the following warrants are specified—

(a) a warrant to arrest;

(b) a remand warrant;

(c) a search warrant;

(d) a warrant to seize property;

(e) a warrant to detain in a youth justice centre or a youth residential centre;

(f) a warrant in respect of a sentence alleged to have been breached;

(g) a warrant issued under Part 4.8 or 4.9 of Chapter 4 of the Act;

(h) a warrant issued under section 460, 498, 529 or 598 of the Act;

(i) a warrant issued under the Family Violence Protection Act 2008;

(j) a warrant issued under the Personal Safety Intervention Orders Act 2010.

Order 3—Electronic transmission of documents

3.01 Filing of documents

Rule 3.01(1) substituted by S.R. No. 104/2023 rule 7(1).

(1) Subject to subrule (2) and Rule 3.03, a document may be submitted for filing in the Court by—

(a) lodging that document into CMS in accordance with the requirements of CMS; or

(b) other electronic communication in accordance with any practice direction, statement or note issued by the President under section 592 of the Act.

(2) In a proceeding the Court may order or direct that any or all documents in the proceeding be filed in any manner that the Court considers appropriate.

Rule 3.01(3) substituted by S.R. No. 104/2023 rule 7(2).

(3) Subject to Rule 3.02(3), a document that is accepted for filing in the Court is taken to be filed in the Court at the time and on the date that the document was first submitted in accordance with subrule (1).

Rule 3.01(4) revoked by S.R. No. 104/2023 rule 7(2).

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3.02 Powers of registrar

Rule 3.02(1) substituted by S.R. No. 104/2023 rule 8.

(1) A registrar may refuse to accept a document submitted for filing under Rule 3.01 until satisfied that the document complies with—

(a) these Rules; or

(b) any other Act or Rule; or

(c) any practice direction, statement or note issued by the President under section 592 of the Act.

(2) If a registrar refuses to accept a document submitted for filing under Rule 3.01, the registrar must advise the person who submitted the document—

(a) that the document has not been accepted for filing; and

(b) of the reason it was not accepted for filing.

(3) If a registrar refuses to accept a document submitted for filing under Rule 3.01, the Court may—

(a) direct the registrar to accept the document with a filing date, being the time and date the document was first submitted for filing under Rule 3.01; or

(b) make any other order or give any direction that it considers appropriate.

3.03 Application of this Order

This Order—

(a) does not apply if transmission of a document by electronic communication is prohibited by any Act, regulation, rule or rule of law; and

(b) does not limit any Act, regulation, rule, rule of law or practice direction, statement or note issued by the President under section 592 of the Act that permits a document to be filed with, or transmitted to, the Court by electronic communication.

Dated: 16 November 2020

AMANDA J. CHAMBERS,
President, Children's Court of Victoria

GAIL HUBBLE,
Magistrate, Children's Court of Victoria

MICHELLE EHRLICH,
Magistrate, Children's Court of Victoria

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Children's Court Authentication and Electronic Transmission Rules 2020, S.R. No. 126/2020 were made on 16 November 2020 by the President of the Children's Court together with 2 magistrates for that Court jointly under section 588 of the Children, Youth and Families Act 2005, No. 96/2005, section 210 of the Family Violence Protection Act 2008, No. 52/2008 and section 184 of the Personal Safety Intervention Orders Act 2010, No. 53/2010 and all other enabling powers and came into operation on 17 November 2020: rule 1.03.

The Children's Court Authentication and Electronic Transmission Rules 2020 will sunset 10 years after the day of making on 16 November 2030 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Children's Court Authentication and Electronic Transmission Rules 2020 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Children's Court Authentication and Electronic Transmission Amendment Rules 2023, S.R. No. 104/2023

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3 Explanatory details

No entries at date of publication.