The Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008[1] are revoked.
Order 2—Applications under Part IIA of the Evidence (Miscellaneous Provisions) Act 1958
2.01 Definition
In this Order the Act means the Evidence (Miscellaneous Provisions) Act 1958.
2.02 Notice of application
Notice of an application for a direction under section 42E(1) of the Act must be in Form 1.
2.03 Filing
Unless the Court otherwise directs, the applicant for a direction under section 42E(1) of the Act must file the notice at least 7 days before the person the subject of the application is due to appear before or give evidence or make a submission to the Court.
2.04 Service
As soon as practicable after the filing of the notice, the applicant must serve a copy on every other party.
2.05 Duty of applicant
If, whether before or after a direction has been given, an applicant no longer requires the person the subject of the application to appear before or give evidence or make a submission to the Court by audio visual link or audio link, the applicant must notify the registrar as soon as practicable.
2.06 Payment of costs
Unless the Court otherwise orders, the appropriate amount prescribed by the regulations (if any) under section 42H(1) of the Act shall be paid in the first instance by the applicant.
2.07 Application under section 42L
Unless the application is made in accordance with section 42L(5) of the Act—
(a) notice of an application under section 42L of the Act must be in Form 2;
(b) a copy of the notice must be served as soon as practicable after the notice has been filed; and
(c) service may be by pre-paid post.
2.08 Application under section 42M
Unless the application is made in accordance with section 42M(5) of the Act—
(a) notice of an application under section 42M of the Act must be in Form 3;
(b) a copy of the notice must be served as soon as practicable after the notice has been filed; and
(c) service may be by pre-paid post.
2.09 Application under section 42N
Unless the application is made in accordance with section 42N(3) of the Act—
(a) notice of an application under section 42N of the Act must be in Form 3;
(b) a copy of the notice must be served as soon as practicable after the notice has been filed; and
(c) service may be by pre-paid post.
2.10 Application under section 42P
Unless the application is made in accordance with section 42P(5) of the Act—
(a) notice of an application under section 42P of the Act must be in Form 3;
(b) a copy of the notice must be served as soon as practicable after the notice has been filed; and
(c) service may be by pre-paid post.
Form 1—Notice of application under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958
Rule 2.02
[heading as in originating process]
Notice of application under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958
PART 1—PARTICULARS OF APPLICATION
I, [name of applicant]
of [address of applicant or firm of solicitor for applicant]
request an *audio visual/*audio link in accordance with the following details—
Audio visual*/***Audio link
From [originating city/town]
To [receiving city/town]
Type of hearing [e.g. *Hearing/*Protection application/*Other]
Number of persons to appear before, or give evidence by *audio visual/*audio link
Suggested time (if any) for link
Estimate of duration of link
Is this application being made with the consent of the parties to the proceeding?
If the answer to question 6 is "No", what parties have not given consent?
If a hearing date has been fixed, what is the date of the hearing?
I undertake to pay, in the first instance, the appropriate amount prescribed by the regulations under section 42H(1) of the Act.
Date [insert date]
[Signature]
*Delete if inapplicable
PART 2—PARTICULARS OF HEARING
(to be completed by the registrar)
The application will be heard before the Children's Court at on [insert date] at *a.m./*p.m. or so soon afterwards as the business of the Court allows.
FILED [insert date].
*Delete if inapplicable
Form 2—Notice of application under section 42L of the Evidence (Miscellaneous Provisions) Act 1958
Rule 2.07
In the Children's Court
at
The Queen
v.
[name of accused person]
Notice of application under section 42l of the Evidence (MISCELLANEOUS PROVISIONS) Act 1958
PARTICULARS OF APPLICATION
TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused person appear, or be brought, physically before it.
Type of hearing [insert details]
Date of hearing [insert details]
The grounds on which this application is made are [set out grounds]
Date [insert date]
[Signature]
Form 3—Notice of application under section 42M, 42N or 42P of the Evidence (Miscellaneous Provisions) Act 1958
Rules 2.08, 2.09 and 2.10
In the Children's Court
at
The Queen
v.
[name of accused person]
Notice of application under section 42M, 42N or 42P of the Evidence (MISCELLANEOUS PROVISIONS) Act 1958
PART 1—PARTICULARS OF APPLICATION
TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused person appear before it by audio visual link.
Type of hearing [insert details]
Date of hearing [insert details]
The grounds on which this application is made are [set out grounds]
Is this application being made with the consent of the parties to the proceeding?
If the answer to question 4 is "No", what parties have not given consent?
If the accused person is in custody, do facilities exist for an audio visual link?
Date [insert date]
[Signature]
PART 2—PARTICULARS OF HEARING
(to be completed by the registrar)
The application will be heard before the Children's Court at on [insert date] at *a.m./*p.m. or so soon afterwards as the business of the Court allows.
FILED [insert date].
*Delete if inapplicable
Dated: 19 February 2018
AMANDA J. CHAMBERS, President, Children's Court of Victoria
JENNIFER BOWLES, Magistrate, Children's Court of Victoria
KIM M. W. PARKINSON, Magistrate, Children's Court of Victoria
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 (Evidence - Audio Visual and Audio Linking) Rules 2018, S.R. No. 15/2018 were made on 19 February 2018 by the President of the Children's Court together with 2 magistrates for that Court under section 589 of the Children, Youth and Families Act 2005, No. 96/2005 and came into operation on 26 February 2018: rule 1.03.
The Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2018 will sunset 10 years after the day of making on 19 February 2028 (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
There are no amendments made to the Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2018 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.