1 An aggregate sentence of imprisonment imposed in accordance with section 9(1) of the Sentencing Act 1991.
2 An aggregate sentence of detention imposed in accordance with section 32A of the Sentencing Act 1991 or section 362B of the Children, Youth and Families Act 2005.
3 A community correction order that is made in respect of more than one offence in accordance with section 40 of the Sentencing Act 1991.
4 An aggregate fine imposed in accordance with section 51 of the Sentencing Act 1991 or section 373(b) of the Children, Youth and Families Act 2005.
pre-trial hearing means—
(a) a directions hearing under Division 1 of Part 5.5 of the Criminal Procedure Act 2009; or
(b) a hearing in a criminal proceeding in which—
(i) an accused has been committed for trial under Chapter 4 of that Act; or
(ii) a direct indictment has been filed against an accused—
other than a hearing during trial;
Rule 2A.1 def. of preliminary hearing substituted by S.R. No. 16/2023 rule 6(b).
preliminary hearing, in relation to an appeal, means—
(a) if the appeal is to proceed as a rehearing, a hearing in respect of that appeal that occurs before the rehearing commences; and
(b) otherwise, a hearing in respect of that appeal that occurs before the appeal itself has begun to be heard;
Section 260 of the Criminal Procedure Act 2009 and section 429A of the Children, Youth and Families Act 2005 provide for appeals against sentence to be brought if the Director of Public Prosecutions considers that an offender has failed to fulfil an undertaking to assist law enforcement authorities. These appeals must not be conducted as rehearings—see section 262(1) of the Criminal Procedure Act 2009 and section 429C(1) of the Children, Youth and Families Act 2005.
Part 2—Powers under the Criminal Procedure Act 2009
Division 1—Trials
Rule 2A.2 substituted by S.R. No. 98/2021 rule 5.
2A.2 Pre-trial hearings
(1) Subject to this Rule, a judicial registrar may constitute the Court for the purposes of a pre-trial hearing.
(2) A judicial registrar must not constitute the Court for—
(a) a special hearing under Division 6 of Part 8.2 of the Act; or
Section 1 - County Court Criminal Procedure Rules 2019 - An aggregate sentence of imprisonment imposed in accordance with section 9(1) of the **Sentencing Act 1991**. | Zoe
(b) a sentencing hearing.
(3) When a judicial registrar constitutes the Court at a pre-trial hearing under paragraph (1), all the powers under the Act that the Court would have at such a hearing are delegated to the judicial registrar—
(a) except the powers of the Court referred to in paragraph (4); and
(b) in the case of the powers of the Court under sections 168(4)(b), 331(2) and 413(2)(b) of the Act, subject to the qualifications set out in Rule 2A.3.
Rule 2A.3 qualifies the exercise, by a judicial registrar, of the powers under the Act to grant or extend bail, and to remand an accused in custody.
(4) The following powers of the Court are not delegated to the judicial registrar—
(a) the power of the Court under section 181(2)(i) of the Act to determine any objection relating to the disclosure of information or material by the prosecution;
(b) the power of the Court to, in accordance with section 181(2)(k) of the Act, determine an application under section 208 of the Act for a sentence indication under section 207 of the Act;
(c) the powers of the Court under sections 193(1) and (2) and 195 of the Act to order that certain charges be tried separately;
(d) the power of the Court under section 242(1) and (1A) of the Act to hear and determine a charge for a related summary offence, except as described in paragraph (5);
(e) the powers of the Court under section 243(1) and (1A) of the Act to hear and determine a charge for an unrelated summary offence, except as described in paragraph (5);
Rule 2A.2(4)(f) amended by S.R. No. 90/2022 rule 14(1).
(f) the power of the Court to grant leave under section 342 of the Act, except as described in paragraph (6);
(g) the power of the Court under section 387F(1)(b) of the Act to order that a recorded statement referred to in section 387E of the Act is not admissible;
(h) the power of the Court under section 387F(2)(c) of the Act to determine whether the Court is satisfied as described in that paragraph;
(i) the power of the Court under section 387F(4) of the Act to rule as inadmissible the whole or any part of the content of a recorded statement referred to in section 387E of the Act;
(j) the power of the Court under section 387G(2) of the Act to admit as evidence‑in‑chief a recorded statement;
(k) the power of the Court under section 387J(1) of the Act to order that a recorded statement be produced for use;
(l) the power of the Court under section 415 of the Act to direct that a person be tried for perjury;
(m) the power of the Court to impose any sentence.
(5) Nothing in paragraph (4)(d) or (e) prevents the judicial registrar from—
(a) exercising the power of the Court under section 242(1) or (1A) of the Act to determine a charge for a related summary offence by striking out the charge; or
(b) exercising the power of the Court under section 243(1) or (1A) of the Act to determine a charge for an unrelated summary offence by striking out the charge—
if the striking out of the charge is not opposed.
Rule 2A.2(6) inserted by S.R. No. 90/2022 rule 14(2), substituted by S.R. No. 16/2023 rule 5.
(6) Nothing in paragraph (4)(f) prevents the judicial registrar from exercising the power of the Court to grant leave under section 342 of the Act in respect of—
(a) the taking of evidence (including
cross-examination and re-examination) under section 198 of the Act; or
(b) cross-examination and re-examination under section 198A or 198B of the Act—
at a pre-trial hearing before the Court constituted by a judicial registrar.
Rule 2A.3 substituted by S.R. No. 98/2021 rule 5.
2A.3 Restrictions relating to bail and remand at pre-trial hearings
(1) This Rule applies to a judicial registrar who is constituting the Court for the purposes of a pre-trial hearing in accordance with Rule 2A.2.
(2) The judicial registrar may exercise the power of the Court under section 168(4)(b) of the Act to remand an accused only if—
(3) The judicial registrar may exercise the power of the Court under section 168(4)(b) of the Act to grant bail only if the granting of bail is not opposed.
(4) The judicial registrar may exercise the power of the Court under section 331(2)(b) of the Act to remand an accused only if—
(5) The judicial registrar may exercise the power of the Court under section 331(2)(c) of the Act to grant or extend bail only if the granting or extension of bail is not opposed.
(6) The judicial registrar may exercise the power of the Court under section 413(2)(b) of the Act to remand an accused only if—
(7) The judicial registrar may exercise the power of the Court under section 413(2)(b) of the Act to grant bail only if the granting of bail is not opposed.
Rule 2A.4 substituted by S.R. No. 98/2021 rule 5.
2A.4 Hearings during trial
(1) Subject to paragraph (2), a judicial registrar may constitute the Court during a trial for a hearing in respect of a power delegated to the judicial registrar under paragraph (3).
(2) A judicial registrar may constitute the Court under paragraph (1) only with the consent of—
(3) The following powers of the Court are delegated to a judicial registrar for exercise during trial—
(a) the power of the Court under section 242(5) of the Act to transfer a proceeding for a related summary offence to the Magistrates' Court for hearing and determination;
(b) the power of the Court under section 243(4) of the Act to direct that a charge for an unrelated summary offence be transferred to the Magistrates' Court for hearing and determination;
(c) the power of the Court to issue a subpoena on an application under section 336 of the Act;
(d) the power of the Court under section 389(2) of the Act to direct that a witness give evidence by audiovisual link;
(e) the power of the Court under section 397 of the Act to make an order for substituted service;
(f) the power of the Court under section 404(1) of the Act to make an order with respect to the costs of and incidental to the trial;
(g) the power of the Court under section 413(1) of the Act to transfer a charge to the appropriate court;
(h) the power of the Court under section 413(2)(b) of the Act to remand an accused, if—
(ii) the remanding of the accused is not opposed;
(i) the power of the Court under section 413(2)(b) of the Act to grant bail, if the granting of bail is not opposed.
Other Rules in this Order also delegate various powers of the Court to judicial registrars in a way that makes them exercisable during trial. The power may be exercisable during trial because the provision provides for the exercise of that power in a criminal proceeding, or in a proceeding to which these Rules relate, or when a judicial registrar constitutes the Court in accordance with this Order.
Division 2—Appeals
Order 2A Pt 2 Div. 2 Subdiv. 1 (Heading) inserted by S.R. No. 16/2023 rule 7.
Subdivision 1—Preliminary hearings at which a judicial registrar may constitute the Court
Rule 2A.5 substituted by S.R. No. 98/2021 rule 5.
2A.5 Appeal by offender
(1) A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 254 of the Act.
Rule 2A.5(2) amended by S.R. No. 16/2023 rule 10(1).
(2) When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
Rule 2A.5(3) amended by S.R. No. 16/2023 rule 10(2).
(3) Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
Rule 2A.6 substituted by S.R. No. 98/2021 rule 5.
2A.6 Appeal by DPP against sentence
(1) A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 257 of the Act.
Rule 2A.6(2) amended by S.R. No. 16/2023 rule 10(3).
(2) When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
Rule 2A.6(3) amended by S.R. No. 16/2023 rule 10(4).
(3) Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
Rule 2A.7 substituted by S.R. No. 98/2021 rule 5.
2A.7 Appeal by DPP—failure to fulfil undertaking
(1) A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 260 of the Act.
Rule 2A.7(2) amended by S.R. No. 16/2023 rule 10(5).
(2) When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
Rule 2A.7(3) amended by S.R. No. 16/2023 rule 10(6).
(3) Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
Order 2A Pt 2 Div. 2 Subdiv. 2 (Heading and rules 2A.7A–2A.7C) inserted by S.R. No. 16/2023 rule 8.
Subdivision 2—Striking out appeals and withdrawing charges
Rule 2A.7A inserted by S.R. No. 16/2023 rule 8.
2A.7A Appeal by offender—striking out appeal on repeated failure to appear
(1) If, at a preliminary hearing before the Court constituted by a judicial registrar in an appeal under section 254 of the Act, the appellant fails to appear at the time listed for the hearing—
(a) the power of the Court to strike out the appeal under section 267 of that Act is delegated to the judicial registrar; and
(b) the judicial registrar may constitute the Court for the purpose of exercising that power.
(2) The judicial registrar may exercise the power referred to in paragraph (1)(a) only if the appellant has previously failed to appear at another preliminary hearing in the appeal.
Rule 2A.7B inserted by S.R. No. 16/2023 rule 8.
2A.7B Appeal by offender—striking out appeal if appellant expresses a wish to abandon it during preliminary hearing
(1) If, at a preliminary hearing before the Court constituted by a judicial registrar in an appeal under section 254 of the Act, the appellant expresses a wish to abandon the appeal—
(a) the power of the Court to strike out the appeal is delegated to the judicial registrar so that the appeal may be abandoned with the leave of the Court; and
(b) the judicial registrar may constitute the Court for the purpose of granting that leave and exercising that power.
(2) A reference in paragraph (1) to abandoning an appeal or striking out an appeal includes, where the appeal is against conviction and sentence, doing so only in relation to conviction so that an appeal against sentence alone may be pursued.
Rule 2A.7C inserted by S.R. No. 16/2023 rule 8.
2A.7C Appeal by offender or DPP—withdrawal of charges on appeal
(1) This Rule applies if the prosecution is to withdraw a charge that is to be heard and determined on an appeal under section 254 or 257 of the Act.
(2) A judicial registrar may constitute the Court for the purposes of the withdrawal of the charge.
(3) Without limiting paragraph (2), a judicial registrar may constitute the Court under that paragraph if the judicial registrar is already constituting the Court for a preliminary hearing in the appeal.
(4) When a judicial registrar constitutes the Court under paragraph (2), all the powers that the Court would have to enable the withdrawal of the charge are delegated to the judicial registrar.
(5) If it is proposed that a charge be withdrawn, and the sentence imposed in respect of that charge is an aggregate sentence, a judicial registrar must not exercise a power for the purposes of the withdrawal of that charge except as provided for by paragraph (6).
(6) If it is proposed to withdraw all the charges in respect of which an aggregate sentence was imposed, a judicial registrar may exercise a power for the purposes of the withdrawal of all of those charges.
(7) If it is proposed that a charge be withdrawn, and the sentence imposed in respect of that charge is not wholly concurrent with another sentence, a judicial registrar must not exercise a power for the purposes of the withdrawal of that charge except as provided for by paragraph (8).
(8) If it is proposed to withdraw all the charges for which the sentences imposed were not wholly concurrent with another sentence, a judicial registrar may exercise a power for the purposes of the withdrawal of all of those charges.
(9) Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (2), to hear and determine the appeal except to the extent that is necessary for a charge to be withdrawn.
Order 2A Pt 2 Div. 2 Subdiv. 3 (Heading and rule 2A.7D) inserted by S.R. No. 16/2023 rule 8.
Subdivision 3—Leave to appeal and costs
Rule 2A.7D inserted by S.R. No. 16/2023 rule 8.
2A.7D Application for leave to appeal
(1) A judicial registrar may constitute the Court for the purposes of an application for leave under section 263(1) of the Act.
(2) When a judicial registrar constitutes the Court under paragraph (1), the power of the Court under section 263(2) of the Act to grant leave to appeal is delegated to the judicial registrar.
(3) A judicial registrar may exercise the power of the Court under section 263(2) of the Act to grant leave to appeal only if the application for leave is not opposed.
(4) Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
Rule 2A.8 substituted by S.R. No. 98/2021 rule 5.
2A.8 Costs
(1) A judicial registrar may constitute the Court in a criminal proceeding for a hearing in respect of a power delegated under paragraph (2).
(2) The following powers of the Court are delegated to a judicial registrar—
(a) the power under section 406(1) of the Act to order that an appellant pay all or a specified portion of the respondent's costs of an appeal under section 254 that is struck out or dismissed;
(b) the power under section 406(3) of the Act to order that the appellant pay to the respondent any costs that the Court thinks reasonable in respect of an appeal under section 254 or 257 of the Act that either was not prosecuted or was outside the Court's jurisdiction;
(c) the power under section 406(4) of the Act to order that the appellant pay any costs incurred as a result of the breach of an undertaking referred to in section 255(5) or the abandonment of an appeal under section 254;
(d) the power under section 407(3) of the Act to make an order dealing with the respondent's costs of an appeal that is struck out.
Division 3—Criminal proceedings generally
Rule 2A.9 substituted by S.R. No. 98/2021 rule 5.
2A.9 Excusing attendance and adjourning proceedings
(1) When, in accordance with this Order, a judicial registrar constitutes the Court in a criminal proceeding (whether for the purposes of a pre-trial hearing, during trial, for the purposes of a preliminary hearing or otherwise), the following powers under the Act are delegated to the judicial registrar—
(a) the power of the Court under section 330(3) to excuse a person from attending a hearing;
(b) subject to the qualifications set out in paragraphs (2) and (3), the power of the Court under section 331 to adjourn the hearing of a criminal proceeding.
(2) A judicial registrar may exercise the power of the Court under section 331(2)(b) of the Act to remand an accused only if—
(3) A judicial registrar may exercise the power of the Court under section 331(2)(c) of the Act to grant or extend bail only if the granting or extension of bail is not opposed.
(1) Subject to paragraph (2), a judicial registrar may constitute the Court in a criminal proceeding for a hearing in respect of a power delegated by paragraph (3).
(3) The following powers of the Court under the Appeal Costs Act 1998 are delegated to a judicial registrar—
(a) the power to grant an indemnity certificate under section 16(1) of that Act;
(b) the power to grant an indemnity certificate under section 17(1) of that Act.
Rule 2A.11 inserted by S.R. No. 98/2021 rule 5.
2A.11 Bail Act 1977
(1) Subject to paragraph (2), a judicial registrar may constitute the Court in a criminal proceeding for a hearing in respect of a power delegated by paragraph (3).
(3) The following powers of the Court under the Bail Act 1977 are delegated to a judicial registrar—
(a) the power under section 5A(1) of that Act to give a direction described in section 5A(1)(c) of that Act and grant bail under section 5A(1)(d)(i), if the application for bail is not opposed;
(b) the power under section 5A(1) of that Act to give a direction described in section 5A(1)(c) of that Act, and to refuse bail and give a direction referred to in section 5A(1)(d)(ii), if—
(ii) there is an application for bail to be refused, and that application is not opposed;
(c) the power under section 12(3) of that Act to grant bail, if the application for bail is not opposed;
(d) the power under section 12(3) of that Act to refuse bail, if—
(ii) there is an application for bail to be refused, and that application is not opposed;
(e) the power under section 12B(2)(a) of that Act to remand the accused, if—
(ii) there is an application for the accused to be remanded, and that application is not opposed;
(f) the power under section 12B(2)(b) of that Act to grant bail, if the granting of bail is not opposed;
(g) the power under section 16(2) of that Act to extend the bail of a person charged, if the application for the extension is not opposed;
(h) the power under section 18AD(a) of that Act to vary the amount of bail or conditions of bail, if the application for the variation is not opposed;
(i) the power under section 18AF(a) of that Act to revoke bail, if the application for revocation is not opposed;
(j) the power under section 19(2) of that Act to remand a person in custody, if—
(ii) there is an application for the accused to be remanded, and that application is not opposed;
(k) the power under section 19(2) of that Act to require a person to furnish new or additional sureties, if the application to have that requirement imposed is not opposed.
Rule 2A.11(4) amended by S.R. No. 16/2023 rule 10(7).
(4) When a judicial registrar constitutes the Court under paragraph (1), the following additional powers under the Bail Act 1977 are delegated to the judicial registrar—
(a) the powers under section 8(3) and (4) of that Act to adjourn the hearing of the proceeding and remand the accused in custody;
(b) the power under section 8(6) of that Act to adjourn the hearing of the proceeding and remand the accused in custody.
Further powers relating to bail are also delegated to judicial registrars by Rule 2A.2.
Rule 2A.12 inserted by S.R. No. 98/2021 rule 5.
2A.12 Children, Youth and Families Act 2005—appeal by offender
(1) A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 424 of the Children, Youth and Families Act 2005.
Rule 2A.12(2) amended by S.R. No. 16/2023 rule 10(8).
(2) When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
Rule 2A.12(3) amended by S.R. No. 16/2023 rule 10(9).
(3) Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
Rule 2A.13 inserted by S.R. No. 98/2021 rule 5.
2A.13 Children, Youth and Families Act 2005—appeal by DPP against sentence
(1) A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 427 of the Children, Youth and Families Act 2005.
Rule 2A.13(2) amended by S.R. No. 16/2023 rule 10(10).
(2) When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
Rule 2A.13(3) amended by S.R. No. 16/2023 rule 10(11).
(3) Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
Rule 2A.14 inserted by S.R. No. 98/2021 rule 5.
2A.14 Children, Youth and Families Act 2005—appeal by DPP—failure to fulfil undertaking
(1) A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 429A of the Children, Youth and Families Act 2005.
Rule 2A.14(2) amended by S.R. No. 16/2023 rule 10(12).
(2) When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
Rule 2A.14(3) amended by S.R. No. 16/2023 rule 10(13).
(3) Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
Rule 2A.14A inserted by S.R. No. 16/2023 rule 9.
2A.14A Children, Youth and Families Act 2005—appeal by offender—striking out appeal on repeated failure to appear
(1) If, at a preliminary hearing before the Court constituted by a judicial registrar in an appeal under section 424 of the Children, Youth and Families Act 2005, the appellant fails to appear at the time listed for the hearing—
(a) the power of the Court to strike out the appeal under section 430D of that Act is delegated to the judicial registrar; and
(b) the judicial registrar may constitute the Court for the purpose of exercising that power.
(2) The judicial registrar may exercise the power referred to in paragraph (1)(a) only if the appellant has previously failed to appear at another preliminary hearing in the appeal.
Rule 2A.14B inserted by S.R. No. 16/2023 rule 9.
2A.14B Children, Youth and Families Act 2005—appeal by offender—striking out appeal if appellant expresses a wish to abandon it during preliminary hearing
(1) If, at a preliminary hearing before the Court constituted by a judicial registrar in an appeal under section 424 of the Children, Youth and Families Act 2005, the appellant expresses a wish to abandon the appeal—
(a) the power of the Court to strike out the appeal is delegated to the judicial registrar so that the appeal may be abandoned with the leave of the Court; and
(b) the judicial registrar may constitute the Court for the purpose of granting that leave and exercising that power.
(2) A reference in paragraph (1) to abandoning an appeal or striking out an appeal includes, where the appeal is against conviction and sentence, doing so only in relation to conviction so that an appeal against sentence alone may be pursued.
Rule 2A.14C inserted by S.R. No. 16/2023 rule 9.
2A.14C Children, Youth and Families Act 2005—appeal by offender or DPP—withdrawal of charges on appeal
(1) This Rule applies if the prosecution is to withdraw a charge that is to be heard and determined on an appeal under section 424 or 427 of the Children, Youth and Families Act 2005.
(2) A judicial registrar may constitute the Court for the purposes of the withdrawal of the charge.
(3) Without limiting paragraph (2), a judicial registrar may constitute the Court under that paragraph if the judicial registrar is already constituting the Court for a preliminary hearing in the appeal.
(4) When a judicial registrar constitutes the Court under paragraph (2), all the powers that the Court would have to enable the withdrawal of the charge are delegated to the judicial registrar.
(5) If it is proposed that a charge be withdrawn, and the sentence imposed in respect of that charge is an aggregate sentence, a judicial registrar must not exercise a power for the purposes of the withdrawal of that charge except as provided for by paragraph (6).
(6) If it is proposed to withdraw all the charges in respect of which an aggregate sentence was imposed, a judicial registrar may exercise a power for the purposes of the withdrawal of all of those charges.
(7) If it is proposed that a charge be withdrawn, and the sentence imposed in respect of that charge is not wholly concurrent with another sentence, a judicial registrar must not exercise a power for the purposes of the withdrawal of that charge except as provided for by paragraph (8).
(8) If it is proposed to withdraw all the charges for which the sentences imposed were not wholly concurrent with another sentence, a judicial registrar may exercise a power for the purposes of the withdrawal of all of those charges.
(9) Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (2), to hear and determine the appeal except to the extent that is necessary for a charge to be withdrawn.
Rule 2A.14D inserted by S.R. No. 16/2023 rule 9.
2A.14D Children, Youth and Families Act 2005—application for leave to appeal
(1) A judicial registrar may constitute the Court for the purposes of an application for leave under section 430(1) of the Children, Youth and Families Act 2005.
(2) When a judicial registrar constitutes the Court under paragraph (1), the power of the Court under section 430(2) of the Children, Youth and Families Act 2005 to grant leave to appeal is delegated to the judicial registrar.
(3) A judicial registrar may exercise the power of the Court under section 430(2) of the Children, Youth and Families Act 2005 to grant leave to appeal only if the application for leave is not opposed.
(4) Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
Rule 2A.15 inserted by S.R. No. 98/2021 rule 5.
2A.15 Children, Youth and Families Act 2005—bringing accused or appellant before the Court
When a judicial registrar constitutes the Court in accordance with this Order, the power of the Court to make an order under section 490 of the Children, Youth and Families Act 2005 is delegated to the judicial registrar.
Rule 2A.23 makes similar provision in relation to regulations made under the Corrections Act 1986.
Rule 2A.16 inserted by S.R. No. 98/2021 rule 5.
2A.16 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
(1) When a judicial registrar constitutes the Court under Rule 2A.2 for the purposes of a pre-trial hearing, the following powers under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 are delegated to the judicial registrar—
(a) the power of the Court under section 9(1) of that Act to reserve the question of the fitness of the accused to stand trial for investigation under Part 2 of that Act;
(b) subject to the qualifications set out in the subsequent paragraphs of this Rule, the following powers of the Court, being powers exercisable once that question has been reserved for investigation—
(i) the power under section 10(1)(a) of that Act to make an order granting the accused bail;
(ii) the power under section 10(1)(b) of that Act to make an order remanding the accused in custody in an appropriate place;
(iii) the power under section 10(1)(ba) of that Act to make an order remanding an accused who is a child in custody in a youth justice centre or a youth residential centre;
(iv) the power under section 10(1)(c) of that Act to make an order remanding the accused in custody in a prison;
(v) the power under section 10(1)(d) of that Act to make an order that the accused undergo an examination and that the results be put before the Court.
Rule 2A.9 also delegates to the judicial registrar powers to excuse attendance or adjourn the proceedings.
(2) A judicial registrar may exercise the power of the Court under section 10(1)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to grant bail only if the granting of bail is not opposed.
(3) A judicial registrar may exercise a power of the Court under section 10(1)(b), (ba) or (c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to remand an accused only if—
(1) Subject to paragraph (2), a judicial registrar may constitute the Court in a proceeding to which these Rules relate for the purposes of a hearing in respect of the powers delegated by paragraph (3).
(3) The following powers of the Court under the Evidence (Miscellaneous Provisions) Act 1958 are delegated to a judicial registrar—
(a) the power of the Court under section 4(1A) of that Act to make an order for the issue of a commission for the examination of a person on oath or affirmation at any place in Victoria;
(b) the power of the Court to grant leave under section 32C of that Act.
Rule 2A.18 inserted by S.R. No. 98/2021 rule 5.
2A.18 Family Violence Protection Act 2008—appeals
(1) A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under Subdivision 1 of Division 9 of Part 4 of the Family Violence Protection Act 2008.
Rule 2A.18(2) amended by S.R. No. 16/2023 rule 10(14).
(2) When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
Rule 2A.18(3) amended by S.R. No. 16/2023 rule 10(15).
(3) Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
Rule 2A.19 inserted by S.R. No. 98/2021 rule 5.
2A.19 Open Courts Act 2013—proceedings to which these Rules relate
When a judicial registrar constitutes the Court in accordance with this Order, the following powers of the Court under the Open Courts Act 2013 are delegated to the judicial registrar—
(a) the power of the Court under section 17 of that Act to make a proceeding suppression order;
(b) the power of the Court to make a closed court order within the meaning of that Act.
Rule 2A.20 inserted by S.R. No. 98/2021 rule 5.
2A.20 Open Courts Act 2013—criminal proceedings only
When a judicial registrar constitutes the Court in a criminal proceeding in accordance with this Order, the power of the Court referred to in section 25(1) of the Open Courts Act 2013 is delegated to the judicial registrar.
Rule 2A.21 inserted by S.R. No. 98/2021 rule 5.
2A.21 Personal Safety Intervention Orders Act 2010—appeals
(1) A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under Subdivision 1 of Division 11 of Part 3 of the Personal Safety Intervention Orders Act 2010.
Rule 2A.21(2) amended by S.R. No. 16/2023 rule 10(16).
(2) When a judicial registrar constitutes the Court under paragraph (1), all the powers that the Court would have at a preliminary hearing in the appeal are delegated to the judicial registrar.
Rule 2A.21(3) amended by S.R. No. 16/2023 rule 10(17).
(3) Nothing in this Rule authorises the Court, when constituted by a judicial registrar under paragraph (1), to hear and determine the appeal.
Part 4—Powers under statutory rules
Rule 2A.21A inserted by S.R. No. 112/2025 rule 8.
2A.21A These Rules—Rule 1.06.1
(1) A judicial registrar may constitute the Court for the purpose of exercising a power of the Court under Rule 1.06.1.
(2) Without limiting paragraph (1), a judicial registrar may constitute the Court under that paragraph if the judicial registrar is already constituting the Court under another provision of this Order.
(3) When a judicial registrar constitutes the Court in accordance with paragraph (1), the powers of the Court under Rule 1.06.1 are delegated to the judicial registrar.
Rule 2A.21B inserted by S.R. No. 112/2025 rule 8.
2A.21B These Rules—Order 2B
When a judicial registrar constitutes the Court in accordance with this Order, the powers of the Court under Order 2B are delegated to the judicial registrar.
Rule 2A.22 inserted by S.R. No. 98/2021 rule 5.
2A.22 Chapter I of the Rules of the County Court—subpoenas
(1) Subject to paragraph (2), a judicial registrar may constitute the Court in a proceeding to which these Rules relate for the purposes of a hearing in respect of the power delegated by paragraph (3).
(3) The following powers of the Court are delegated to a judicial registrar—
(a) the power of the Court to issue a subpoena in accordance with Rule 42.02 of Chapter I of the Rules of the County Court;
(b) the power of the Court to make an order fixing the last date for service of a subpoena in accordance with Rule 42.03(8) of that Chapter;
(c) the power of the Court to set aside a subpoena in whole or in part, or grant other relief in respect of it, in accordance with Rule 42.04 of that Chapter;
(d) the power of the Court to give directions, in accordance with Rule 42.08 of that Chapter, in relation to the removal, return, inspection, copying and disposal of documents and things produced in response to a subpoena;
(e) the power of the Court to order the issuing party, in accordance with Rule 42.11 of that Chapter, to pay the costs and expenses of compliance with a subpoena.
See Rule 1.09 of this Chapter of the Rules of the County Court in relation to subpoenas generally.
Rule 2A.23 inserted by S.R. No. 98/2021 rule 5.
2A.23 Regulations under the Corrections Act 1986—bringing accused or appellant before the Court
When a judicial registrar constitutes the Court in accordance with this Order, the power of the Court to make an order to bring an accused or an appellant who is in custody before the Court pursuant to regulations made under the Corrections Act 1986 is delegated to the judicial registrar.
Rule 2A.15 makes similar provision in relation to section 490 of the Children, Youth and Families Act 2005.
Part 5—Referral by Court constituted by Judge
Rule 2A.24 inserted by S.R. No. 98/2021 rule 5.
2A.24 Referral to judicial registrar
(1) The Court constituted by a Judge may, by order, refer a matter to the Court constituted by a judicial registrar if—
(a) the matter arises in a proceeding to which any other provision of these Rules relates;
(b) no other provision of this Order gives a judicial registrar any authority over the matter; and
(c) the Court constituted by the Judge is of the view that it would be proper for the matter to be heard and determined by the Court constituted by a judicial registrar.
(2) The Court constituted by the Judge may refer the matter subject to any directions specified in the order.
Rule 2A.25 inserted by S.R. No. 98/2021 rule 5.
2A.25 Judicial registrar may constitute the Court on a referral
A judicial registrar may constitute the Court in a proceeding to which these Rules relate for the purposes of hearing and determining a matter referred under Rule 2A.24(1).
Rule 2A.26 inserted by S.R. No. 98/2021 rule 5.
2A.26 Delegation of powers to judicial registrar on a referral
Rule 2A.26(1) amended by S.R. No. 16/2023 rule 10(18).
(1) Subject to the subsequent paragraphs of this Rule, when a judicial registrar constitutes the Court under Rule 2A.25 for the purposes of hearing and determining a matter referred under Rule 2A.24(1), all the powers that the Court constituted by a Judge would have in hearing and determining that matter are delegated to the judicial registrar.
(2) The delegation under paragraph (1) is subject to any directions in the order referring the matter.
(3) Nothing in this Rule delegates to a judicial registrar a power that another provision of this Order states is not delegated to a judicial registrar.
(4) If another provision of this Order states that a power is delegated to a judicial registrar, but only subject to certain qualifications, a delegation of that power under this Rule is also subject to those qualifications.
(5) Nothing in this Rule purports to delegate to a judicial registrar a power specified in a subparagraph of section 78(1)(fc) of the County Court Act 1958.
Rule 2A.27 inserted by S.R. No. 98/2021 rule 5.
2A.27 Referral back to Court constituted by Judge
On a referral under Rule 2A.24, the Court constituted by the judicial registrar may refer the matter back to the Court constituted by a Judge.
Part 6—Miscellaneous
Rule 2A.28 inserted by S.R. No. 98/2021 rule 5.
2A.28 Exercise of powers without oral hearing
(1) A power of the Court—
(a) that a provision of this Order delegates to a judicial registrar; and
(b) that, when exercised by the Court constituted by a Judge, may be exercised without an oral hearing—
may be exercised by the judicial registrar without an oral hearing.
(2) A judicial registrar may constitute the Court in a proceeding to which these Rules relate for the purposes of exercising a power without an oral hearing in accordance with paragraph (1).
Rule 2A.29 inserted by S.R. No. 98/2021 rule 5.
2A.29 Review by Judge of judicial registrar determinations
(1) In this Rule, a reference to a determination includes a reference to a judgment, a direction or an order.
(2) A determination of the Court constituted by a judicial registrar may be reviewed by the Court constituted by a Judge, on the motion of the Court constituted by a Judge or on application by a party to the proceeding.
(3) An application under paragraph (2) is to be made by notice filed with the Court, stating—
(a) whether the whole or part only of the determination is the subject of the review;
(b) if part only of the determination is the subject of the review, which part; and
(c) what determination is sought in place of the determination that is the subject of the review.
(4) A copy of the notice under paragraph (3) must be served on each other party to the proceeding within 14 days after the date of the determination.
(5) A review under this Rule shall be conducted by way of hearing de novo.
(6) In conducting a review in accordance with this Rule, the Court constituted by the Judge may—
(a) exercise all the powers and discretions of the Court with respect to the subject matter of the review; and
(b) confirm, set aside or vary the determination of the Court constituted by the judicial registrar or make such further or other determination as may be necessary or as the case requires.
(7) On the review, each party may, subject to any proper objections to admissibility—
(a) rely upon any affidavit used before the judicial registrar and upon any evidence given orally before the judicial registrar; and
(b) by leave of the Court, rely on any affidavit or oral evidence not used or given before the judicial registrar.
(8) Except so far as the Court constituted by a Judge otherwise orders, a review under this Rule shall not operate as a stay of execution or of proceedings under the determination of the Court constituted by the judicial registrar to which the review relates.
Rule 2A.30 inserted by S.R. No. 98/2021 rule 5.
2A.30 Judicial registrar may act for another
If circumstances so require, another judicial registrar may hear and determine a matter which a judicial registrar is authorised by this Order to hear and determine instead of the judicial registrar by whom it would otherwise be heard and determined.
Order 2B (Heading and rules 2B.01−2B.08) inserted by S.R. No. 112/2025 rule 9.
Order 2B—Interpreters
Rule 2B.01 inserted by S.R. No. 112/2025 rule 9.
2B.01 Definitions
In this Order, unless the context or subject matter otherwise requires—
accredited interpreter, in relation to an other language, means an interpreter who is accredited, registered or recognised as an interpreter for the language by the recognised agency;
Code of Conduct means the court interpreters' Code of Conduct in Form 2I;
interpret means the process by which spoken or signed language is conveyed from one language to another orally;
other language means a spoken or signed language other than English;
recognised agency means the National Accreditation Authority for Translators and Interpreters (NAATI);
sight translate means the process by which an interpreter or a translator presents a spoken interpretation of a written text;
translate means the process by which written language is conveyed from one language (the source language) to another (the target language) in written form.
Rule 2B.02 inserted by S.R. No. 112/2025 rule 9.
2B.02 Application of this Order
This Order applies to a proceeding to which these Rules relate.
Rule 2B.03 inserted by S.R. No. 112/2025 rule 9.
2B.03 When interpreters may be engaged
(1) If the Court is satisfied that a witness cannot understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put to the witness, the witness may give—
(a) oral evidence in the other language that is interpreted into English by an interpreter in accordance with this Order; or
(b) evidence by an affidavit or a statement in English that has been sight translated to the witness by an interpreter in accordance with Rule 2B.07.
Section 30 of the Evidence Act 2008 provides that a witness may give evidence about a fact through an interpreter unless the witness can understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put about the fact.
(2) If the Court is satisfied that a party cannot understand and speak the English language sufficiently to enable the party to understand and participate in the proceeding, the Court shall permit the party to use an interpreter who meets the standards and requirements under this Order.
(3) In a proceeding specified in Column 2 of the following Table, if a person specified in Column 3 for that proceeding requires an interpreter, the party specified in Column 4 for that proceeding is responsible for engaging an interpreter who meets the standards and requirements under this Order.
Table
Column 1 Item
Column 2 Type of proceeding
Column 3 Person who may require an interpreter
Column 4 Party who is responsible for engaging an interpreter
1
A proceeding for the trial of an accused on indictment
The accused
The prosecuting agency
2
A proceeding on an appeal, or an application for leave to appeal, under section 254 of the Criminal Procedure Act 2009
The appellant
The respondent
3
A proceeding on an appeal under section 257 or 260 of the Criminal Procedure Act 2009
The respondent
The DPP
4
A proceeding on an appeal, or an application for leave to appeal, under section 254 of the Criminal Procedure Act 2009
A witness to be called by the respondent
The prosecuting agency
5
A proceeding on an application under Part 3B of the Sentencing Act 1991 by an offender
The offender
The offender
6
A proceeding on an application under Part 3B of the Sentencing Act 1991 by someone other than an offender
The offender
The applicant
7
A proceeding on an application under Part 3, 4 or 8 of the Serious Offenders Act 2018
The offender
The Secretary to the Department of Justice and Community Safety
8
A proceeding on an application under Part 3, 4 or 8 of the Serious Offenders Act 2018
A witness to be called by the offender
The Secretary to the Department of Justice and Community Safety
(4) Except where paragraph (3) provides otherwise, if a witness called by a party requires an interpreter, that party is responsible for engaging an interpreter who meets the standards and requirements under this Order for the witness.
(5) If a party or any other person involved in the proceeding requires an interpreter and neither paragraph (3) nor (4) provides for a particular party to be responsible for engaging the interpreter, the Court may give a direction as to which party is to be responsible for engaging the interpreter.
(6) Paragraphs (3), (4) and (5) do not apply in circumstances where section 15YOA of the Crimes Act 1914 of the Commonwealth provides for the Court to arrange for the presence of an interpreter.
Rule 2B.04 inserted by S.R. No. 112/2025 rule 9.
2B.04 Who may act as an interpreter
(1) A person shall not act as an interpreter in a proceeding unless the person—
(a) is currently an accredited interpreter for the spoken or signed language other than English concerned or otherwise satisfies the Court that the person is qualified to act as an interpreter;
(b) has read and agrees to comply with the Code of Conduct; and
(c) takes an oath or affirms to interpret accurately to the best of the person's ability.
(2) A person shall not act as an interpreter if the person—
(a) is or may become a party to, or a witness in, the proceeding;
(b) is related to, or has a close personal relationship with, a party or a member of the party's family, or with a witness or potential witness;
(c) has or may have a financial or other interest of any other kind in the outcome of the proceeding, other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of the person's engagement or appointment; or
(d) is or may be unable to fulfil the person's duty of accuracy or impartiality under the Code of Conduct for any reason including, but not limited to, personal or religious beliefs or cultural or other circumstances.
(3) A person acting as an interpreter shall—
(a) cease to act as an interpreter if the person becomes aware during a hearing of a matter referred to in paragraph (2); and
(b) immediately disclose the matter to the Court.
(4) Despite paragraphs (1) to (3), if it is in the interests of justice, the Court may give permission to a person to act as an interpreter despite not complying with the requirements of those paragraphs if, to the extent practicable—
(a) the Court is satisfied that the person is able to interpret and, if necessary, sight translate accurately to the level the Court considers satisfactory in all the circumstances from the other language into English and from English into the other language;
(b) the person takes an oath or affirms to interpret accurately to the best of the person's ability;
(c) the Court is satisfied that the person understands and accepts that, in acting as an interpreter, the person—
(i) is not the agent, assistant or advocate of the witness or the party for which the person is to act as an interpreter; and
(ii) owes a paramount duty to the Court to be impartial and accurate to the best of the person's ability;
(d) the Court directs that the evidence and interpretation be sound recorded for spoken languages and video recorded for signed languages; and
(e) the person is over the age of 18 years.
Rule 2B.05 inserted by S.R. No. 112/2025 rule 9.
2B.05 Functions of interpreters
(1) Unless the Court otherwise orders, an interpreter shall—
(a) interpret questions and all other spoken or signed communications in the conduct of the proceeding for the witness from English into the other language and from the other language into English; and
(b) subject to paragraph (2), sight translate, whether before or during the course of the witness's evidence, documents shown to the witness.
(2) An interpreter may refuse to sight translate under paragraph (1) if—
(a) the interpreter considers that the interpreter is not competent to do so; or
(b) the task is too onerous or difficult by reason of the length or complexity of the text.
(3) Unless the Court otherwise orders, an interpreter may not assist a party or the party's legal practitioner in the conduct of the proceeding (including a hearing) except by—
(a) interpreting questions and other spoken or signed communications in connection with the proceeding from English into the other language and from the other language into English; or
(b) sight translating documents in connection with the proceeding from English into the other language and from the other language into English.
(4) Nothing in paragraph (3) requires an interpreter to sight translate under that paragraph if—
(a) the interpreter considers that the interpreter is not competent to do so; or
(b) the task is too onerous or difficult by reason of the length or complexity of the text.
Rule 2B.06 inserted by S.R. No. 112/2025 rule 9.
2B.06 Code of Conduct
(1) An interpreter shall comply with the Code of Conduct.
(2) Unless the Court otherwise orders, as soon as practicable after an interpreter is engaged or appointed for a proceeding, a copy of the Code of Conduct is to be provided to the interpreter—
(a) if an interpreter is engaged by a party, by the party; or
(b) as the Court otherwise directs.
(3) Unless the Court otherwise orders, a witness may not give evidence using an interpreter unless the Court is satisfied that the interpreter has read the Code of Conduct and agrees to be bound by it.
(4) Unless the Court otherwise orders, a party to the proceeding may not use an interpreter in the circumstances described in Rule 2B.03(2) unless the Court is satisfied that the interpreter has read the Code of Conduct and agrees to be bound by it.
Rule 2B.07 inserted by S.R. No. 112/2025 rule 9.
2B.07 Translated evidence
(1) Unless the Court otherwise orders, a party seeking to rely on a translated affidavit who requires an interpreter is not entitled to rely on the affidavit unless it complies with Rule 43.02.1 of Chapter I of the Rules of the County Court.
(2) Unless the Court otherwise orders, a party seeking to rely on a translated statement of a witness who requires an interpreter is not entitled to rely on the statement unless an accredited interpreter has verified that—
(a) before sight translating the statement to the witness, the interpreter—
(i) had read the Code of Conduct and agrees to be bound by it; and
(ii) had been given an adequate opportunity to prepare to sight translate the statement; and
(b) the interpreter sight translated the entire statement to the witness and the witness then—
(i) informed the person before whom the statement is made through the interpreter that the witness had understood the interpreter and agrees with the entire contents of the statement; and
(ii) where applicable, signed the statement in the presence of the interpreter.
Rule 2B.08 inserted by S.R. No. 112/2025 rule 9.
2B.08 Court may give directions concerning interpreters
Without limiting any other power of the Court, the Court may, at any time, give directions concerning all or any of the following matters, having regard to the nature of the proceeding (including the type of allegations made and the characteristics of the parties and witnesses)—
(a) any particular attributes required or not required for an interpreter, including, but not limited to, gender, age or ethnic, cultural or social background so as to accommodate any cultural or other reasonable concerns of a party or the witness;
(b) the number of interpreters required in any proceeding and whether relay interpreting (being interpreting from the source language to the target language via one or more intermediate languages) should be used;
(c) establishing the expertise of an interpreter;
(d) the steps to be taken to obtain an interpreter who is an accredited interpreter for the other language concerned or is otherwise qualified to act as an interpreter;
(e) the steps to be taken before permission under Rule 2B.04(4) is given;
(f) what information concerning the proceeding may be provided to a person in advance of any hearing to assist that person to prepare to act as an interpreter at that hearing, including, but not limited to, the indictment, the charge-sheet, the summary of the prosecution opening and other documents;
(g) when, in what circumstances and under what (if any) conditions the information referred to in paragraph (f) may be provided;
(h) whether an interpreter is to interpret the witness's evidence consecutively, simultaneously or in some other way;
(i) other resources, such as dictionaries or other reference works that an interpreter may require to consult in the course of acting as an interpreter;
(j) the length of time for which an interpreter should interpret during a hearing without a break;
(k) security for an interpreter including, where necessary, arrangements to preserve the anonymity of the interpreter;
(l) practical matters concerning an interpreter, such as seating for and the location of the interpreter;
(m) the disqualification, removal or withdrawal of an interpreter, including on the application of the interpreter or any party to the proceeding or on the Court's own motion;
(n) the payment of interpreters;
(o) any other direction the Court considers appropriate.
Order 3—Appeals to County Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009
3.01 Definition
3.01.1 Application of this Order
This Order applies to any appeal to the Court from the Magistrates' Court under Part 6.1 of Chapter 6 of the Act.
3.02 Notice of appeal by offender
(1) A notice of appeal and undertaking to proceed under section 255 of the Act must be in Form 3A.
(2) A notice under section 255(6)(a) of the Act must—
(a) be in Form 3B; and
(b) be provided to the appellant prior to a notice of appeal and undertaking to proceed being accepted for filing.
(3) The notice of appeal and undertaking to proceed must be signed by the appellant in the presence of—
(a) the Registrar of the Magistrates' Court with whom the notice of appeal is filed;
(b) if the appellant is in a prison, youth justice centre or youth residential centre—
(i) the officer in charge of the prison, youth justice centre or youth residential centre; or
(ii) any prison officer of or above the rank of senior prison officer; or
(c) if the appellant is in a police gaol, a police officer—
(i) of or above the rank of sergeant; or
(ii) for the time being in charge of a police station.
3.03 Appeals by DPP against sentence or failure to fulfil undertaking
(1) A notice of appeal referred to in section 258 of the Act in respect of an appeal by the DPP under section 257 of the Act—
(a) must be in Form 3C; and
(b) must state the general grounds of appeal on which the DPP intends to rely upon the hearing of the appeal.
Section 258(1) of the Act requires the notice of appeal to be filed within 28 days after the day on which the sentence of the Magistrates' Court is imposed.
(1A) A notice of appeal referred to in section 261 of the Act in respect of an appeal by the DPP under section 260 of the Act—
(a) must be in Form 3C; and
(b) must state the general grounds of appeal on which the DPP intends to rely upon the hearing of the appeal.
(2) Within seven days after serving the notice of appeal, the DPP must file—
(a) a copy of the notice of appeal; and
(b) an affidavit of service.
Section 258(2) of the Act requires the notice of appeal against a sentence imposed by the Magistrates' Court to be served on the respondent within seven days after the day on which the notice is filed.
Section 261(2) of the Act requires a notice of appeal for failure to fulfil an undertaking to be served on the respondent within 14 days after the day on which the notice is filed.
3.04 Registrar to fix date or hearing of appeal
The Registrar shall—
(a) fix the date and place for the hearing of the appeal; and
(b) notify in writing each party and each legal practitioner who has given notice under Rule 1.07 of the date and place of hearing within a reasonable time before the hearing.
3.05 Abandonment of appeal
(1) A notice of abandonment of appeal must be in Form 3D.
(2) Subject to paragraphs (3) and (4), when a notice of abandonment of appeal is filed the Registrar must make an order striking out the appeal.
(3) If a notice of abandonment of appeal is filed on the day on which the appeal is listed for hearing, a Judge must make an order striking out the appeal.
(4) Where an appeal against conviction is abandoned, but an appeal against sentence is pursued under section 266(2) of the Act, the Court must not strike out the appeal.
3.06 Written notice of abandonment of appeal—conviction only
Written notice under section 266(2) of the Act that an appeal against conviction is abandoned, but an appeal against sentence is pursued, must be in Form 3E.
3.07 Application to set aside an order striking out appeal for failure to appear
(1) An application under section 267(3) of the Act to set aside an order striking out an appeal for failure to appear must be in Form 3F.
(2) The Registrar must immediately forward a copy of the application to the court where the original sentence or order was imposed.
3.08 Recording and notification of result of appeal
(1) The Registrar must make a record of the result of an appeal.
(1A) The record must include the following information in respect of the appeal—
(a) the case number in the County Court;
(b) any reference number used to identify the case in the Magistrates' Court;
(c) the name of the appellant and the respondent;
(d) the conviction, sentence or order that was appealed against;
(e) where and when the conviction, sentence or order was imposed or made;
(f) the decision made on the appeal in respect of each conviction, sentence or order that was appealed against;
(g) the name of the Judge or Registrar who made those decisions;
(h) the date on which the Judge or Registrar made those decisions.
(2) The Registrar must forward the record to—
(a) the court where the original sentence or order was imposed;
(b) the parties; and
(c) any person or authority concerned with the administration of any sentence or order originally imposed in the Magistrates' Court, or any sentence or order imposed by the Court on appeal.
(3) If a number of appeals are heard together, it is not necessary to record the sentence on a separate result of appeal, but the sentence or particulars of each charge must be recorded in full.
(4) Where the Court has imposed a sentence of imprisonment or detention, the record of the result of appeal shall be sufficient to authorise the keeping of the appellant for the period and in the manner set out in the record.
Order 4—Appeals to County Court from Children's Court
4.01 Application of this Order
This Order applies to any appeal to the Court under—
(a) Part 5.4 of Chapter 5 of the Children, Youth and Families Act 2005; or
(b) Part 5A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
4.02 Notice of appeal by offender
(1) A notice of appeal and undertaking to proceed under section 425 of the Children, Youth and Families Act 2005 must be in Form 4A.
(1A) A notice of appeal under section 38U(1), 38ZE(1) or 38ZJ(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 must be in Form 4A.
(2) The notice of appeal and undertaking to proceed must be signed by the appellant in the presence of—
(a) the Registrar of the Children's Court with whom the notice of appeal is filed;
(b) if the appellant is in a prison, youth justice centre or youth residential centre—
(i) the officer in charge of the prison, youth justice centre or youth residential centre; or
(ii) any prison officer of or above the rank of senior prison officer; or
(c) if the appellant is in a police gaol, a police officer—
(i) of or above the rank of sergeant; or
(ii) for the time being in charge of a police station.
4.03 Appeals by DPP against sentence
(1) A notice of appeal by the DPP under section 427 of the Children, Youth and Families Act 2005 must be in Form 4B.
Section 428 of the Children, Youth and Families Act 2005 provides for the notice of appeal to be filed in the Children's Court within 28 days after the Children's Court imposes the sentence and requires the notice of appeal to be transmitted to the appellate court.
(2) Within seven days after serving the notice of appeal, the DPP must file—
(a) a copy of the notice of appeal; and
(b) an affidavit of service.
Section 428(2) of the Children, Youth and Families Act 2005 requires the notice of appeal against a sentence imposed by the Children's Court to be served on the respondent within seven days after the day on which the notice isfiled.
4.03.1 Appeals by DPP, Attorney-General or Secretary under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
An appeal under section 38ZAA(1), 38ZF(1) or 38ZJ(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 must be in Form 4BA.
4.04 Registrar to fix date or hearing of appeal
The Registrar shall—
(a) fix the date and place for the hearing of the appeal; and
(b) notify in writing each party and each legal practitioner who has given notice under Rule 1.07 of the date and place of hearing within a reasonable time before the hearing.
4.05 Abandonment of appeal
(1) A notice of abandonment of appeal must be in Form 4C.
(2) Subject to paragraphs (3) and (4), when a notice of abandonment of appeal is filed the Registrar must make an order striking out the appeal.
(3) If a notice of abandonment of appeal is filed on the day on which the appeal is listed for hearing, a Judge must make an order striking out the appeal.
(4) Where an appeal against conviction is abandoned, but an appeal against sentence is pursued under section 430C of the Children, Youth and Families Act 2005, the Court must not strike out the appeal.
4.06 Written notice of abandonment of appeal—conviction only
Written notice under section 430C(3) of the Children, Youth and Families Act 2005 that an appeal against conviction is abandoned, but an appeal against sentence is pursued, must be in Form 4D.
4.07 Application to set aside an order striking out appeal for failure to appear
(1) An application under section 430D(3) of the Children, Youth and Families Act 2005 to set aside an order striking out an appeal for failure to appear must be in Form 4E.
(2) The Registrar must immediately forward a copy of the application to the court where the original sentence or order was imposed.
4.08 Recording and notification of result of appeal
(1) The Registrar must make a record of the result of an appeal.
(1A) The record must include the following information in respect of the appeal—
(a) the case number in the County Court;
(b) any reference number used to identify the case in the Children's Court;
(c) the name of the appellant and the respondent;
(d) the conviction, sentence, finding or order that was appealed against;
(e) where and when the conviction, sentence, finding or order was imposed or made;
(f) the decision made on the appeal in respect of each conviction, sentence, finding or order that was appealed against;
(g) the name of the Judge or Registrar who made those decisions;
(h) the date on which the Judge or Registrar made those decisions.
(2) The Registrar must forward the record to—
(a) the court where the original sentence or order was imposed;
(b) the parties; and
(c) any person or authority concerned with the administration of any sentence or order originally imposed in the Children's Court, or any sentence or order imposed by the Court on appeal.
(3) If a number of appeals are heard together, it is not necessary to record the sentence on a separate result of appeal, but the sentence or particulars of each charge must be recorded in full.
(4) Where the Court has imposed a sentence of imprisonment or detention, the record of the result of appeal shall be sufficient to authorise the keeping of the appellant for the period and in the manner set out in the record.
Order 5—Fine enforcement
Part 1—Sentencing Act 1991
5.01 Proper officer
For the purposes of Part 3B of the Sentencing Act 1991, the proper officer of the Court is—
(a) a Registrar; or
(b) a Judge.
5.02 Application
(1) An application under section 57, 60, 61(2) or 65 of the Sentencing Act 1991 must be—
(a) in Form 5A; and
(b) accompanied by an affidavit of financial circumstances setting out the information required by paragraph (1B).
(1A) An application under section 61(1) of the Sentencing Act 1991 must be—
(a) in Form 5AB; and
(b) in the case of an application for variation made by the offender, accompanied by an affidavit of financial circumstances setting out the information required by paragraph (1B).
(1B) An affidavit of financial circumstances must set out—
(a) the applicant's occupation;
(b) if the applicant works for an employer—
(i) the name and address of the employer; and
(ii) the applicant's gross wage;
(c) if the applicant is self-employed or in a partnership, the applicant's average pre-tax earnings for the last 12 months;
(d) if the applicant is unemployed—
(i) the length of the applicant's last employment;
(ii) the date when that employment ceased; and
(iii) the gross weekly amount earned by the applicant from that employment;
(e) the amounts the applicant receives as each of the following—
(i) a pension or other benefit;
(ii) workers' compensation;
(iii) maintenance;
(iv) superannuation;
(v) board or rent;
(f) the applicant's average weekly interest on bank or other authorised deposit-taking institution deposits or debentures;
(g) the applicant's average weekly dividend on shares;
(h) any other income;
(i) for each of the applicant's pieces of land (including vacant land)—
(i) the market value of the land;
(ii) the amount of any mortgage over the land; and
(iii) the net value of the land;
(j) for each of the applicant's motor vehicles—
(i) the year, make and model of the vehicle;
(ii) the market value of the vehicle;
(iii) the amount of any mortgage, charge or lien over the vehicle; and
(iv) the net value of the vehicle;
(k) the applicant's deposits in banks or other authorised deposit-taking institutions;
(l) for the applicant's furniture, household and personal goods—
(i) the market value of those goods;
(ii) the amount owing to a finance company for those goods; and
(iii) the net value of those goods;
(m) the particulars of the applicant's other assets;
(n) the applicant's weekly expenses in—
(i) income tax;
(ii) superannuation;
(iii) housing (mortgage, rent, board, or payments to a hospital or institution);
(iv) municipal rates;
(v) water and sewerage rates;
(vi) land tax;
(vii) child care expenses incurred for the purposes of earning income;
(viii) maintenance actually paid; and
(ix) instalment payments such as for household goods or tools of trade (including the person to whom the payment is made);
(o) if any asset referred to in a preceding paragraph is owned jointly, the names of the other owners;
(p) if any debt referred to in a preceding paragraph is due jointly, the names of the other debtors; and
(q) any other circumstances which affect the applicant's financial status.
Examples
1 The number and age of the applicant's dependents.
2 The applicant's marital status.
3 The applicant's health.
(2) If the offender is a corporation, the application and accompanying affidavit must be signed by an authorised officer of the corporation.
(3) An application under section 57, 60, 61 or 65 of the Sentencing Act 1991 made by an offender who is not legally represented must be filed with the Registrar by—
(a) attending in person during normal business hours at the Court; or
(b) sending the application by post to the proper officer if the offender—
(i) resides outside Victoria;
(ii) is held in a prison, police gaol or youth training centre; or
(iii) is unable to attend personally because of illness, infirmity or distance from the Court.
(3A) An application under section 57, 60, 61 or 65 of the Sentencing Act 1991 made by an offender who is legally represented must be filed with the Registrar—
(a) by attending in person during normal business hours at the Court;
(b) by sending the application by post to the proper officer; or
(c) using the Court's information system known as the eLodgement portal.
(3B) An application under section 61(1) of the Sentencing Act 1991 made by a prescribed person, or a member of a prescribed class of persons, or the Director of Public Prosecutions, must be filed with the Registrar—
(a) by sending the application by post to the proper officer; or
(b) using the Court's information system known as the eLodgement portal.
(4) When an application under section 57, 60, 61 or 65 of the Sentencing Act 1991 is filed with the Registrar, the Registrar may—
(a) deal with the application at the time of filing; or
(b) appoint a time and place for the hearing of the application and notify the offender.
5.03 Stay of enforcement or execution
Unless a Judge or the Registrar otherwise orders, the filing of an application under section 57, 60, 61(2) or 65 of the Sentencing Act 1991, or an application under section 61(1) of that Act made by the offender, operates as a stay until the application is determined.
5.04 Consideration of application
In considering an application under section 57, 60, 61 or 65 of the Sentencing Act 1991 the Court or the proper officer (as the case requires) may—
(a) question the offender about the offender's financial circumstances; and
(b) require the offender to make an affidavit or produce any document concerning the offender's financial circumstances.
5.05 Order and notice
(1) After the determination of an application under section 57, 60, 61 or 65 of the Sentencing Act 1991 the Registrar must cause to be given or posted to the offender within 14 days, a copy of any order made.
(2) Upon granting an application, a copy of the order must be forwarded to the prosecuting agency.
5.06 Enforcement of fine against a natural person
(1) An order under section 65 of the Sentencing Act 1991 must be in Form 5B.
(1A) An order under section 69D(2) or 69H(2)(a) of the Sentencing Act 1991 must be in Form 5BA.
(2) A statement in writing under section 69C(3) of the Sentencing Act 1991 must be in Form 5C.
(2A) An application under section 68 or 69J of the Sentencing Act 1991 must be in Form 5CA.
(3) A warrant to arrest under section 69M(2) of the Sentencing Act 1991 must be in Form 5D.
(4) A summons under section 69M(1) of the Sentencing Act 1991 must be in Form 5E.
5.07 Enforcement of fine against body corporate
A statement in writing under section 69Y(3) of the Sentencing Act 1991 must be in Form 5F.
5.08 Bail—undertaking to attend
(1) The Sheriff or a police officer who arrests a person in default in accordance with a warrant issued under section 69(1) of the Sentencing Act 1991 may, unless a Judge or Registrar has otherwise ordered, release the person in default upon that person entering into an undertaking of bail to attend before the Court.
(2) An offender in default may be released from custody without being taken before the Court if the offender—
(a) has been taken into custody in accordance with a warrant to arrest issued under section 69(1) of the Sentencing Act 1991; and
(b) the outstanding amount of the fine specified in the warrant is paid.
5.09 Warrant of commitment
(1) If under section 69H(2)(b) of the Sentencing Act1991 the Court orders that a person in default be imprisoned, the Court may direct the Registrar to issue a warrant of commitment committing the person to prison for the term specified by the Court.
(2) A warrant of commitment must be in Form 5G.
(3) A warrant of commitment—
(a) may be recalled and cancelled by the Registrar;
(b) may be issued or executed on a Sunday; and
(c) is not void by reason of a defect or error in it.
Part 2—Sheriff Act 2009
5.10 Application for reinstatement of certain money warrants
(1) An application under section 28 of the Sheriff Act 2009 for reinstatement of an executed money warrant as a money warrant shall be made by summons in the proceeding in Form 5H.
Section 28(3) of the Sheriff Act 2009 provides that this application is to be made within 28 days after the person named or described in the relevant money warrant receives notice from the Sheriff under section 27(9) of that Act that a third party has paid the whole of the amount payable under that warrant.
(2) A summons under paragraph (1) shall be supported by an affidavit—
(a) stating the facts on which the application is made;
(b) giving particulars of the executed money warrant; and
(c) exhibiting the notice served on the applicant under section 27(9) of the Sheriff Act 2009.
5.11 Filing and service of summons
(1) A summons under Rule 5.10 shall be filed with the Registrar.
(2) The summons and a copy of the supporting affidavit shall be served on—
(a) the Sheriff; and
(b) the third party who paid the whole of the amount payable under the executed money warrant.
Order 5A (Heading and rules 5A.01–5A.05) inserted by S.R. No. 77/2023 rule 6.
Order 5A—Evidence (Miscellaneous Provisions) Act 1958
Rule 5A.01 inserted by S.R. No. 77/2023 rule 6.
5A.01 Application of Order
This Order applies to a criminal proceeding.
Rule 5A.02 inserted by S.R. No. 77/2023 rule 6.
5A.02 Form of notice of application for leave
For the purposes of section 32CC(1) of the Evidence (Miscellaneous Provisions) Act 1958, notice of an application for leave under section 32C(1) of that Act shall be in Form 5BB.
Rule 5A.03 inserted by S.R. No. 77/2023 rule 6.
5A.03 Form of notice to protected person
For the purposes of section 32CD(3)(b) of the Evidence (Miscellaneous Provisions) Act 1958, notice referred to under section 32CD(1) of that Act shall be in Form 5BC.
Rule 5A.04 inserted by S.R. No. 77/2023 rule 6.
5A.04 Declaration by proposed recipient of subpoena
If the Court makes an order under section 32CF(1) of the Evidence (Miscellaneous Provisions) Act 1958 and the proposed recipient of the subpoena physically produces the document, the proposed recipient of the subpoena must complete the declaration attached to the order in Form 5BD.
Rule 5A.05 inserted by S.R. No. 77/2023 rule 6.
5A.05 Disposal of documents produced by proposed recipient of subpoena
(1) This Rule applies if the proposed recipient of the subpoena produces the document in compliance with an order under section 32CF(1) of the Evidence (Miscellaneous Provisions) Act 1958.
(2) If the Court does not grant leave to compel the production of the document under section 32C(1)(a) of the Evidence (Miscellaneous Provisions) Act 1958, the Registrar may cause to be destroyed after the expiry of three days from the determination of the application for leave all—
(a) the electronic copies of documents produced in compliance with the order; or
(b) the documents physically produced in response to the order and which were declared by the proposed recipient of the subpoena to be copies.
(3) Subject to paragraph (4), if the Court does grant leave to compel the production of the document under section 32C(1)(a) of the Evidence (Miscellaneous Provisions) Act 1958, the Registrar may cause to be destroyed after the expiry of four months from the conclusion of the proceeding all—
(a) the electronic copies of documents produced in compliance with the order; or
(b) the documents physically produced in response to the order and which were declared by the proposed recipient of the subpoena to be copies.
(4) The Registrar may cause to be destroyed the electronic copies and documents referred to in paragraph (3) which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.
Order 6—Major Crime (Investigative Powers) Act 2004
6.01 Definition
the Act means the Major Crime (Investigative Powers) Act 2004.
6.02 Application to determine legal professional privilege
An application by the Chief Examiner under section 42 of the Act may be in Form 6A.
6.03 Warrant for arrest
A warrant for arrest issued by the Court under section 46 of the Act may be in Form 6B.
6.04 Filing for documents
Unless the Court constituted by a Judge otherwise orders, any application made under the Act and any affidavit in support shall—
(a) in the case of an application under section 42 of the Act, be filed with the Registrar within seven days after lodgement of the sealed document or other thing; and
(b) not be available for inspection by any person.
Order 7—Identity crime
7.01 Identity crime certificate
An identity crime certificate issued under section 89F of the Sentencing Act 1991 may be in Form 7A.
7.02 Notice to prosecutor to assist
Notice under section 89H(2) of the Sentencing Act 1991 directed to a person who prosecuted an identity crime offence within the meaning of that Act to appear at the hearing of an application for an identity crime certificate to provide assistance to the Court in relation to the application may be in Form 7B.
Order 8—Community correction orders
8.01 Application to deal with community correction order under section 48M of the Sentencing Act 1991
An application under section 48N(1) of the Sentencing Act 1991 to deal with a community correction order under section 48M of that Act may be in Form 8A.
8.02 Application for review of direction by Secretary under Division 3 of Part 3C of the Sentencing Act 1991
An application under section 83AY of the Sentencing Act 1991 may be in Form 8B.
Order 9—Open Courts Act 2013
9.01 Definitions
(1) In this Order—
the Act means the Open Courts Act 2013.
(2) An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act.
9.02 Notice of application for suppression order
(1) A notice under section 10 of the Act of the making of an application for a suppression order in a proceeding to which these Rules relate—
(a) must be generally in accordance with Form 9A; and
(b) for the purposes of section 10(1)(a) of the Act, must be emailed to the Court at suppression_notice@countycourt.vic.
gov.au or such other email address as the Court may from time to time specify, by practice note or otherwise, for the purposes of this Rule.
(2) A notice emailed in accordance with paragraph (1) is taken to have been filed with the Court on the day on which the Court receives the email.
Order 10—Sex Offenders Registration Act 2004
10.01 Definitions
corresponding registrable offender has the same meaning as in the Act;
New South Wales registrable offender has the same meaning as in the Act;
registrable offence has the same meaning as in the Act;
registrable offender has the same meaning as in the Act;
reporting obligations has the same meaning as in the Act;
the Act means the Sex Offenders Registration Act 2004.
10.02 Application for registration exemption order
(1) An application under section 11A of the Act must be in Form 10A.
(2) For the purposes of section 11D(1)(b) of the Act, the prescribed information is the information set out in Form 10A.
(3) An application under section 11A of the Act must be accompanied by an affidavit stating—
(a) the age of the applicant during the commission of the specified offence to which the application relates;
(b) the date on which the applicant first received notice of the applicant's reporting obligations;
(c) whether the applicant is—
(i) a registrable offender for any other registrable offence in Victoria;
(ii) a corresponding registrable offender; or
(iii) a New South Wales registrable offender; and
(d) to the best of the applicant's own knowledge—
(i) the age of any victim of the specified offence to which the application relates at the time of the commission of the specified offence;
(ii) the age of any victim depicted or described in any material to which the specified offence relates; and
(iii) whether the specified offence was committed against more than one victim.
(4) An application under section 11A of the Act must also be accompanied by the following materials, if they are available to the applicant—
(a) a record of the sentencing remarks made in relation to the sentence imposed for the specified offence to which the application relates;
(b) each document or thing tendered on behalf of the applicant at the plea hearing for the specified offence.
Order 11—Serious Offenders Act 2018
11.01 Definition
the Act means the Serious Offenders Act 2018.
11.02 Application of Order
This Order applies to a proceeding in the Court under Part 3, 4 or 8 of the Act.
See also Part 10 of the Act for procedure in respect of applications.
11.03 Application for supervision order and renewal of supervision order
(1) A notice of application under section 13 of the Act for a supervision order shall be in Form 11A.
(2) A notice of application under section 22 of the Act for renewal of a supervision order shall be in Form 11B.
11.04 Supervision order
A supervision order may be in Form 11C.
11.05 Notice of application for declaration that a condition is a restrictive condition
A notice of application under section 40 of the Act for a declaration that a condition of a supervision order is a restrictive condition shall be in Form 11D.
11.06 Notice of application to extend intensive treatment and supervision condition
A notice of application under section 43 of the Act for an extension of an intensive treatment and supervision condition shall be in Form 11E.
11.07 Notice of application for interim supervision order and extension of interim supervision order
(1) A notice of application under section 46 of the Act for an interim supervision order shall be in Form 11F.
(2) Subject to section 57(5) of the Act, a notice of application under section 57 of the Act for extension of an interim supervision order shall be in Form 11G.
11.08 Interim supervision order and order extending interim supervision order
(1) An interim supervision order under section 47 of the Act may be in Form 11H.
(2) An order under section 58 of the Act extending an interim supervision order may be in Form 11I.
11.09 Notice of application for review of orders
A notice of application by the Secretary under section 99(1) of the Act for review of a supervision order shall be in Form 11J.
11.10 Application for leave to review supervision order
(1) A notice of application under section 102(1)
of the Act for leave to apply for a review of a supervision order shall be in Form 11K.
(2) A notice of an application under sections 102(1) and 112 of the Act for review of a supervision order on the ground of statutory amendments to the core conditions shall be in Form 11L.
11.11 Notice of application for review of conditions of supervision order or interim supervision order
A notice of application under section 110 of the Act for leave to apply for a review of any condition of a supervision order or an interim supervision order (other than a core condition) shall be in Form 11M.
11.12 Notice of application for review of intensive treatment and supervision condition
A notice of application under section 113 of the Act for a review of an intensive treatment and supervision condition imposed on a supervision order shall be in Form 11N.
11.13 Order for a person to attend for examination
An order under section 127 of the Act may be in Form 11O.
11.14 Notice of intention to dispute report
A notice under section 271 of the Act of intention to dispute the whole or a specified part of an assessment report, progress report or other report filed with or given to the Court on the hearing of an application under the Act—
(a) shall be in Form 11P; and
(b) must be served on the other party in accordance with section 342 of the Act.
11.15 Filing of documents
Unless the Court otherwise orders, notice of an application and any accompanying assessment report, progress report or other report shall—
(a) be filed before the application is made with the associate to the Judge from whom the order is sought; and
(b) not be available for inspection by any person.
Order 12—Procedure under the Vexatious Proceedings Act 2014
12.01 Definitions
An expression used in the Vexatious Proceedings Act 2014 has the same meaning in this Order as it has in that Act.
12.02 Application for leave to proceed under limited litigation restraint order
(1) This Rule applies if a person is subject to a limited litigation restraint order that relates to a proceeding to which these Rules relate.
(2) An application under section 50 of the Vexatious Proceedings Act 2014 by the person for leave to make or continue an interlocutory application in the proceeding to which the limited litigation restraint order relates shall be in Form 12A.
12.03 Application for leave to proceed under extended litigation restraint order
(1) This Rule applies if a person is subject to a limited litigation restraint order that relates to a proceeding to which these Rules relate.
(2) An application under section 52(1) of the Vexatious Proceedings Act 2014 by the person for leave to commence or continue a proceeding shall be—
(a) in Form 12B, in the case of an application to continue a proceeding; and
(b) in Form 12C, in the case of an application to commence a proceeding.
12.04 Application for leave to proceed under general litigation restraint order
An application under section 54 of the Vexatious Proceedings Act 2014 by a person subject to a general litigation restraint order for leave to commence or continue a proceeding shall be—
(a) in Form 12D, in the case of an application to continue a proceeding to which these Rules relate; and
(b) in Form 12E, in the case of an application to commence a proceeding to which these Rules relate.
12.05 Notice of application for leave to proceed
(1) Notice required to be given by a direction of the Court under section 60(2) of the Vexatious Proceedings Act 2014 shall be in Form 12F.
(2) The notice shall be accompanied by a copy of every order made or direction given by the Court in the application to which the notice relates.
Further requirements are stated in section 60(4) of the Vexatious Proceedings Act 2014.
Form 1A—Notice that legal practitioner acts
Rule 1.07(1)
AT
Notice that Legal Practitioner Acts
TAKE NOTICE that the legal practitioner (or firm) indicated above acts for the person named.
I *HAVE/*HAVE NOT been instructed to accept personal service of documents on behalf of the accused.
This notice must be sent to the DPP and any other party to the criminal proceeding and filed with the Registrar of the County Court immediately after a practitioner commences to act for an accused.
Form 1B—Notice that legal practitioner has ceased to act
Rule 1.07(2)
AT
Notice that Legal Practitioner has Ceased to Act
TAKE NOTICE that the legal practitioner (or firm) indicated above no longer acts for the person named.
FORMER CLIENT'S CONTACT DETAILS (if known):
New practitioner's name:
OR
This notice must be served on—
• the DPP/Respondent, and
• the Registrar of the County Court—
immediately after a legal practitioner has ceased to act for an accused.
Form 1C—General application
Rule 1.08
AT
General Application
I wish to apply for the following order:
This application is made on the grounds that: [insert if applicable]
Form 1D amended by S.R. Nos 98/2021 rule 6, 81/2023 rule 29, 120/2023 rule 12.
Form 1D—Subpoena to attend to give evidence
Rule 1.09(1A)(a)
AT
Subpoena to Attend to Give Evidence
YOU ARE ORDERED to attend to give evidence: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out at the end of this subpoena.
You are required by this subpoena to attend to give evidence and you must attend as follows unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
Subject to Note 2, you need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Conduct money
You need not comply with the requirements of the subpoena unless a sum of money or its equivalent (such as pre-paid travel) sufficient to meet your reasonable expenses of attending as required by the subpoena and returning after so attending is provided or tendered to you a reasonable time before the day on which your attendance is required.
You have the right to apply to the Court—
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any evidence you may be required to give under the subpoena.
If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
Note 7 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
Form 1E amended by S.R. No. 98/2021 rule 7, substituted by S.R. No. 81/2023 rule 30.
Form 1E—Subpoena to produce
Rule 1.09(1A)(b)
AT
Subpoena to Produce
YOU ARE ORDERED to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out in this subpoena. If leave is granted for physical production of the documents, you must also complete the declaration by addressee (subpoena recipient) set out at the end of this subpoena.
Date of issue:
When producing a document, you must comply with this subpoena by lodging a copy of this subpoena and electronic copies of the documents or things specified in the Schedule of documents or things in eCase (ecase.countycourt.vic.gov.au) before or at the date and time specified for production.
Date and time at which to produce a copy of the subpoena and electronic copies of the documents unless:
(a) you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted; or
(b) leave is granted for physical production of a document or thing instead of electronic production of the document:
[Fill in if the Schedule of documents or things specifies a document for production]
If leave is granted for physical production of a document, you must produce the document, a copy of the document or a thing in place of the document, as required below, subject to the terms of the leave that has been granted.
When producing a thing, or a document or thing following a grant of leave for physical production, you must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than two clear business days before the date specified for attendance and production. (See Notes 5 and 6)
Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
[Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted for physical production]
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:
SCHEDULE OF DOCUMENTS OR THINGS
[List the documents or things. Attach list if insufficient space.]
You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Leave to comply with subpoena by physical production
The Registrar or the Court may grant leave to an addressee to comply with a subpoena by physical production of the documents or things instead of electronic production.
Instead of attending to produce this subpoena (or a copy of it) and the things required to be produced, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the things to the Registrar—
(a) at the address specified in the subpoena for the purpose; or
(b) if more than one address is specified, at any of those addresses—
so that they are received not less than two clear business days before the date specified in the subpoena for attendance and production or if you receive notice of a later date or time from the issuing party, before the later date or time.
If leave has been granted by the Registrar or the Court for physical production of a document or thing instead of electronic production of a document, Note 5 also applies to production of the document or thing, subject to the terms of the leave that has been granted.
Objections and inspections
If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding, you must, at the time of production—
(a) for production of a document in eCase, give notice in eCase of your objection and of the grounds of your objection; or
(b) for production of a document or thing by delivering or sending it, give notice in eCase or in writing to the Registrar of your objection and of the grounds of your objection.
Leave of the Court is required to view a document or thing produced in response to this subpoena.
Physical production of a number of documents or things
If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Permissible formats for electronic production
Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.
You have the right to apply to the Court—
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena;
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and
(c) for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.
If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
Note 13 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below if leave is granted for physical production of the documents. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce it with the documents required by the subpoena.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the declaration below.
All of the material I am providing in response to this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
Some or all of the material I am providing in response to this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
[signature of addressee]
[name of addressee]
Form 1EA amended by S.R. No. 98/2021 rule 8, substituted by S.R. No. 81/2023 rule 30.
Form 1EA—Subpoena both to attend to give evidence and to produce
Rule 1.09(1A)(c)
AT
Subpoena Both to Attend to Give Evidence
and to Produce
YOU ARE ORDERED both to attend to give evidence and to produce this subpoena or a copy of it and the documents and things specified in the Schedule of documents or things: see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
You should read all of the Notes set out in this subpoena. If leave is granted for physical production of the documents, you must complete the declaration by addressee (subpoena recipient) set out at the end of this subpoena.
Date of issue:
In so far as you are required by this subpoena to attend to give evidence, you must attend as follows unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
In so far as you are required by this subpoena to produce a copy of the subpoena and a document, you must comply with this subpoena by lodging a copy of this subpoena and electronic copies of the documents specified in the Schedule of documents or things in eCase (ecase.countycourt.vic.gov.au) before or at the date and time specified for production.
Date and time at which to produce a copy of the subpoena and electronic copies of the documents unless:
(a) you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted; or
(b) leave is granted for physical production of a document or thing instead of electronic production of the document:
[Fill in if the Schedule of documents or things specifies a document for production]
If leave is granted for physical production of a document, you must produce the document, a copy of the document or a thing in place of the document, as required below, subject to the terms of the leave that has been granted.
In so far as you are required by this subpoena to produce the subpoena and a copy of it and a thing, or a document or thing following a grant of leave for physical production, you must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents or things below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than two clear business days before the date specified for attendance and production. (See Notes 6 and 7)
Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
[Fill in if the Schedule of documents or things specifies a thing for production, or if leave is granted for physical production]
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or sent:
SCHEDULE OF DOCUMENTS OR THINGS
[List the documents or things. Attach list if insufficient space.]
NOTES
You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Conduct money
You need not comply with the requirements of the subpoena unless a sum of money or its equivalent (such as pre-paid travel) sufficient to meet your reasonable expenses of attending as required by the subpoena and returning after so attending is provided or tendered to you a reasonable time before the day on which your attendance is required.
Leave to comply with subpoena by physical production
In so far as this subpoena requires production of a copy of the subpoena and documents, the Registrar or the Court may grant leave to an addressee to comply with the subpoena by physical production of the documents or things instead of electronic production.
In so far as this subpoena requires production of the subpoena (or a copy of it) and things, instead of attending to produce this subpoena (or a copy of it) and the things required to be produced, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the things to the Registrar—
(a) at the address specified in the subpoena for the purpose; or
(b) if more than one address is specified, at any of those addresses—
so that they are received not less than two clear business days before the date specified in the subpoena for attendance and production or if you receive notice of a later date or time from the issuing party, before the later date or time.
If leave has been granted by the Registrar or the Court for physical production of a document or thing instead of electronic production of a document, Note 6 also applies to production of the document or thing, subject to the terms of the leave that has been granted.
Objections and inspections
If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding, you must, at the time of production—
(a) for production of a document in eCase, give notice in eCase of your objection and of the grounds of your objection; or
(b) for production of a document or thing by delivering or sending it, give notice in eCase or in writing to the Registrar of your objection and of the grounds of your objection.
Leave of the Court is required to view a document or thing produced in response to this subpoena.
Physical production of a number of documents or things
If you physically produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Permissible formats for electronic production
Electronic copies of documents to be lodged in eCase must be in an electronic format specified in the practice note concerning eCase.
You have the right to apply to the Court—
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena;
(b) for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena; and
(c) for leave to comply with the subpoena by physical production of the documents or things instead of electronic production of documents in eCase.
If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of any loss or expense, including any legal costs, reasonably incurred in complying with the subpoena.
Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
Note 14 is without prejudice to any power of the Court under any Rules of the County Court (including any Rules of the County Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below if leave is granted for physical production of the documents. The completed declaration must be included in the subpoena or in the copy of the subpoena when you produce it with the documents required by the subpoena.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the declaration below.
All of the material I am providing in response to this subpoena is copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
Some or all of the material I am providing in response to this subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
[signature of addressee]
[name of addressee]
Form 1F—Subpoena to give evidence (New Zealand)
Rule 1.09.1(2)(a)
AT
Subpoena to Give Evidence (New Zealand)
The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)).
You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.
An amount of money, or money and vouchers that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: 'Your obligations').
If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the County Court of Victoria that you be paid the additional amount you incurred.
You may apply to the County Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible.
An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand.
Note: Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this notice.
(a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either:
(i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or
(b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and
(c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and
If you do not comply with the subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed.
(a) you do not have the necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or
(d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or
(e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence).
(a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense;
(ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means.
Note: The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application.
Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address.
The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application.
The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing.
If there is a hearing the Court can direct that it be held by video link (that is, a conference television link) or telephone. In that case you or your lawyer can take part in the hearing by video link or by telephone from a place in New Zealand.
If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by video link or telephone, the Court must hold a hearing by video link or telephone. However, in such a case, the Court will determine which of video link or telephone will be used.
SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND)
You are ordered to attend to give evidence. See next page for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).
Please read Notes 1 to 8 at the end of this subpoena.
Date, time and place at which you must attend to give evidence, unless you receive a notice of a later date or time from the issuing party, in which case the later date or time is substituted:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
(a) a copy of the order giving leave to serve this subpoena in New Zealand; and
You need not comply with this subpoena unless it is served on you on or before the date specified in this subpoena as the last date for service of this subpoena.
Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of this subpoena, actual knowledge of this subpoena and of its requirements.
If this subpoena is addressed to a corporation, the corporation must comply with this subpoena by its appropriate or proper officer.
You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of this subpoena.
If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with this subpoena.
Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).
Note 7 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
Form 1G—Subpoena to produce documents (New Zealand)
Rule 1.09.1(2)(b)
AT
Subpoena to Produce Documents (New Zealand)
The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)).
You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.
An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: 'Your obligations').
If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the County Court of Victoria that you be paid the additional amount you incurred.
You may apply to the County Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible.
An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand.
Note: Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this notice.
(a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either:
(i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or
(b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and
(c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and
If the subpoena only requires you to produce documents or things, it must specify the date on which the documents or things are required for production in the court or tribunal that issued the subpoena.
You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand at least 10 days before the date specified in the subpoena.
When you produce the documents or things at the registry you will be required to produce the subpoena and to pay the cost of sending the documents or things to the court or tribunal that issued the subpoena. You will be able to pay that cost out of the money given to you to meet your reasonable expenses of complying with the subpoena.
If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed.
(a) you do not have the necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or
(d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or
(e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence).
(a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense;
(ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means.
Note: The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application.
Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address.
The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application.
The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing.
If there is a hearing the Court can direct that it be held by video link (that is, a conference television link) or telephone. In that case you or your lawyer can take part in the hearing by video link or by telephone from a place in New Zealand.
If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by video link or telephone, the Court must hold a hearing by video link or telephone. However, in such a case, the Court will determine which of video link or telephone will be used.
SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)
You are ordered to produce this subpoena or a copy of it and the documents or things specified in the Schedule. See next page for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition
of a fine under section 165 of the Evidence Act 2006 (New Zealand).
Please read Notes 1 to 16 at the end of this subpoena.
You must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to:
(i) the Registrar at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than two clear business days before the date specified in the subpoena for attendance and production; or
(ii) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than ten clear days before the date specified in the subpoena for attendance and production. (See Notes 5–12)
Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:
SCHEDULE
[If insufficient space attach list]
(a) a copy of the order giving leave to serve the subpoena in New Zealand; and
You need not comply with this subpoena unless it is served on you on or before the date specified in this subpoena as the last date for service of the subpoena.
Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of this subpoena, actual knowledge of this subpoena and of its requirements.
If this subpoena is addressed to a corporation, the corporation must comply with this subpoena by its appropriate or proper officer.
In so far as this subpoena requires production of this subpoena or a copy of it and a document or thing, instead of attending to produce this subpoena or a copy of it and the document or thing, you may comply with this subpoena by delivering or sending this subpoena or a copy of it and the document or thing to:
(a) the Registrar at the address specified in this subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than two clear business days before the date specified in this subpoena for attendance and production; or
(b) the Registrar of the High Court of New Zealand at the address specified in this subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than ten clear days before the date specified in this subpoena for attendance and production.
If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection.
Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to this subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Production of copy instead of original
You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.
9A. The copy of a document may be:
(a) a photocopy; or
(b) in an electronic form that the issuing party has indicated will be acceptable.
Return or destruction of documents or copies
You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed.
If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you.
You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of this subpoena.
If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with this subpoena.
Banker's book
In so far as this subpoena requires production of this subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena had been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand).
Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).
Note 15 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
Form 1H—Subpoena to give evidence and produce documents (New Zealand)
Rule 1.09.1(2)(c)
AT
Subpoena to Give Evidence and Produce Documents (New Zealand)
The subpoena may be served in New Zealand under New Zealand law (see section 163 of the Evidence Act 2006 (New Zealand)).
You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.
An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: 'Your obligations').
If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the County Court of Victoria that you be paid the additional amount you incurred.
You may apply to the County Court of Victoria to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible.
An application can be made and determined by that Court without you having to go to Australia, or to retain Australian lawyers. All the necessary arrangements can be made in New Zealand.
Note: Details of some of the grounds on which a subpoena can be set aside and the procedures for setting aside a subpoena are set out at the end of this notice.
(a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either:
(i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or
(b) you were given with the subpoena a copy of an order by a judge giving leave to serve the subpoena in New Zealand; and
(c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and
If the subpoena only requires you to produce documents or things, it must specify the date on which the documents or things are required for production in the court or tribunal that issued the subpoena.
You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand at least 10 days before the date specified in the subpoena.
When you produce the documents or things at the registry you will be required to produce the subpoena and to pay the cost of sending the documents or things to the court or tribunal that issued the subpoena. You will be able to pay that cost out of the money given to you to meet your reasonable expenses of complying with the subpoena.
If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed.
(a) you do not have the necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or
(d) you are liable to imposition of a penalty in civil proceedings in Australia (other than proceedings under the Australian Consumer Law); or
(e) you are subject to a restriction on your movements imposed by law or an order of a Court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions or terms of a community based sentence).
(a) the evidence you would give in the proceedings can be obtained satisfactorily by other means without significantly greater expense;
(ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means.
Note: The above list does not include all the matters the Court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application.
Your application must contain an address for service in New Zealand or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address.
The Registrar will arrange for service of your application and of any affidavit you lodge with the Court with your application.
The Court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing.
If there is a hearing the Court can direct that it be held by video link (that is, a conference television link) or telephone. In that case you or your lawyer can take part in the hearing by video link or by telephone from a place in New Zealand.
If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by video link or telephone, the Court must hold a hearing by video link or telephone. However, in such a case, the Court will determine which of video link or telephone will be used.
SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND)
You are ordered to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule. See next page for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition
of a fine under section 165 of the Evidence Act 2006 (New Zealand).
Please read Notes 1 to 16 at the end of this subpoena.
Details of subpoena to give evidence
In so far as you are required by this subpoena to attend to give evidence, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
Details of subpoena to produce documents
In so far as you are required by this subpoena to produce this subpoena or a copy of it and documents or things, you must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to:
(i) the Registrar at the address specified in this subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than two clear business days before the date specified in this subpoena for attendance and production; or
(ii) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than ten clear days before the date specified in this subpoena for attendance and production. (See Notes 5–12)
Date, time and place at which you must attend to produce this subpoena or a copy of it and documents or things:
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:
SCHEDULE
[If insufficient space attach list]
(a) a copy of the order giving leave to serve this subpoena in New Zealand; and
You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of this subpoena, actual knowledge of this subpoena and of its requirements.
If this subpoena is addressed to a corporation, the corporation must comply with this subpoena by its appropriate or proper officer.
In so far as this subpoena requires production of this subpoena or a copy of it and a document or thing, instead of attending to produce this subpoena or a copy of it and the document or thing, you may comply with this subpoena by delivering or sending this subpoena or a copy of it and the document or thing to:
(a) the Registrar at the address specified in this subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than two clear business days before the date specified in this subpoena for attendance and production; or
(b) the Registrar of the High Court of New Zealand at the address specified in this subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than ten clear days before the date specified in this subpoena for attendance and production.
If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection.
Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to this subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Production of copy instead of original
You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that this subpoena requires you to produce.
9A. The copy of a document may be:
(a) a photocopy; or
(b) in an electronic form that the issuing party has indicated will be acceptable.
Return or destruction of documents or copies
You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed.
If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you.
You have the right to apply to the Court for an order with respect to any claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of this subpoena.
If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with this subpoena.
Banker's book
In so far as this subpoena requires production of this subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena had been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand).
Failure to comply with this subpoena without lawful excuse may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).
Note 15 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
Form 1I (Heading) substituted by S.R. No. 81/2023 rule 31(1).
Form 1I amended by S.R. No. 81/2023 rule 31(2).
Form 1I—Short service order—subpoena
Rule 1.09(1C)
AT
SHORT SERVICE ORDER—SUBPOENA
In accordance with Rule 42.03(8)(a) of the County Court Civil Procedure Rules 2018, as applied by Rule 1.09(1C) of the County Court Criminal Procedure Rules 2019, I order that [date] be fixed as the last date for service of the attached subpoena.
*The date for production is [date].
*The date for attendance is [date].
Form 2A amended by S.R. No. 120/2023 rule 13.
Form 2A—Notice to accused under section 171 of the Criminal Procedure Act 2009
Rule 2.03
AT
v.
Notice to Accused under Section 171 of the Criminal Procedure Act 2009
The Director of Public Prosecutions does not have any notice that you are represented by a legal practitioner in relation to the charges set out in the copy of the indictment which accompanies this notice.
You should seek legal representation as soon as possible and you have the right, if eligible, to legal aid under the Legal Aid Act 1978.
You should take this notice and the indictment to your legal practitioner or to Victoria Legal Aid without delay.
If you wish to be legally aided in this matter, your legal practitioner or Victoria Legal Aid will be able to assist in your application for legal aid.
Victoria Legal Aid can be contacted at [insert contact details].
[If the accused is to be indicted on a sexual offence the following paragraph must also be included in the notice.]
AS YOU ARE CHARGED WITH A SEXUAL OFFENCE YOUR TRIAL MUST BE COMMENCED WITHIN THREE MONTHS (SUBJECT TO ANY EXTENSION OF TIME GRANTED UNDER SECTION 247 OF THE CRIMINAL PROCEDURE ACT 2009) OF [INSERT DATE OF COMMITTAL OR FILING OF INDICTMENT OR NOTICE OF TRIAL]. TO ENSURE THAT THE PERSON WHO WILL REPRESENT YOU AT YOUR TRIAL HAS ADEQUATE TIME TO PREPARE YOUR DEFENCE, YOU SHOULD CONTACT A LEGAL PRACTITIONER OR VICTORIA LEGAL AID AT THE EARLIEST OPPORTUNITY.
Section 356 of the Criminal Procedure Act 2009 prohibits a protected witness from being cross-examined by an accused in person. You are strongly encouraged to seek legal advice.
Form 2B amended by S.R. No. 120/2023 rule 13.
Form 2B—Summons
Rule 2.04
AT
v.
Summons
To the accused:
Address of accused:
Date of birth of accused:
Details of case
A direct indictment has been filed against you in relation to the following charges:
A copy of the indictment is attached to this summons.
The indictment was filed at County Court at [place] on [date].
Listing of case
You must attend at the County Court at [place] on [date] at [time] *a.m./*p.m.
Address of Court:
Court contact number:
Details about this summons
Issued at [place]
Form 2C amended by S.R. No. 120/2023 rule 13.
Form 2C—Warrant to arrest
Rule 2.04
AT
v.
Warrant to Arrest
To the accused:
Address of accused:
Date of birth of accused:
Details of case
A direct indictment has been filed against you in relation to the following charges:
A copy of the indictment is attached to this warrant.
The indictment was filed at County Court at [place] on [date].
Warrant to arrest
To all police officers
You are authorised to break, enter and search any place where the person named in this warrant is suspected to be, to arrest that person and bring them before the Court as soon as practicable to be dealt with according to law.
I am satisfied by the evidence before me that a warrant should be issued on the following grounds:
*it is probable the person will not answer a summons.
*the person has absconded or is likely to abscond.
*the person is avoiding the service of a summons.
*the warrant is *required/*authorised by another Act/*other good cause.
Issued at
Form 2D amended by S.R. No. 120/2023 rule 13.
Form 2D—Notice of alibi
Rule 2.07
AT
v.
NOTICE OF ALIBI
I, [name and address of accused], give notice of alibi in accordance with section 190 of the Criminal Procedure Act 2009.
Particulars as to time and place of alibi: [insert details]
Name and last known address of any witness to the alibi: [insert names and addresses of witnesses to alibi]
*[If name and last address of any witness to the alibi is not known] the following information might be of material assistance in finding the witness [insertdetails].
[signature of accused]
Form 2E amended by S.R. No. 120/2023 rule 13.
Form 2E—Application for order to take evidence from a witness before trial
Rule 2.08
AT
v.
Application for Order to Take Evidence from a Witness Before Trial
I wish to apply for an order that evidence to be taken from the following witness before trial.
Name of witness:
Dates witness is available:
This application is sought on the following grounds: [insert grounds]
(see section 198(2) of the Criminal Procedure Act 2009):
Form 2F amended by S.R. No. 120/2023 rule 13.
Form 2F—Notice of intention to plead guilty to one or more remaining charges in indictment
Rule 2.10
AT
v.
Notice of Intention to Plead Guilty to One or More Remaining Charges in Indictment
BEFORE THIS FORM IS PROVIDED TO THE COURT THE ACCUSED MUST HAVE:
1. PLEADED GUILTY TO AT LEAST ONE CHARGE IN THE INDICTMENT IN OPEN COURT.
2. INDICATED AN INTENTION TO PLEAD GUILTY TO ONE OR MORE REMAINING CHARGES IN THE INDICTMENT.
PARTS 1, 2 and 3 OF THIS FORM MUST BE COMPLETED BEFORE PLEAS OF GUILTY IN WRITING ARE EFFECTIVE.
PART 1—to be signed by the accused personally
I [name of accused], plead guilty to the charges [insert relevant charge numbers] as set out in the indictment attached to this notice:
The accused must sign on the copy of the indictment next to each remaining charge for which a plea of guilty is being entered.
[signature of accused]
PART 2—to be signed on behalf of the DPP
The prosecution consents under section 216(2)(a) of the Criminal Procedure Act 2009 to the accused entering pleas of guilty as listed above in writing.
[signature of prosecutor]
PART 3—to be signed by the presiding Judge
I am satisfied in accordance with section 216(2)(b) of the Criminal Procedure Act 2009 that it is appropriate for guilty pleas to be entered by the accused in writing.
Form 2G amended by S.R. No. 120/2023 rule 13.
Form 2G—Application to transfer summary offence that is not a related summary offence
Rule 2.11
AT
v.
Application to Transfer Summary Offence that is not a Related Summary Offence
THIS FORM IS FILED ON BEHALF OF: [name]
ADDRESS: [address]
THIS MATTER IS NEXT LISTED ON: [date] FOR
[if represented, please complete the legal practitioner details below]
I wish to apply for the following summary offence/s currently before the Magistrates' Court, to be transferred for hearing by the County Court together with the above matter.
Next listed date at Magistrates' Court: [date] at [place]
*[repeat for each case number]
I confirm that all charges referred to in this application are summary offences.
Form 2H amended by S.R. No. 120/2023 rule 13.
Form 2H—Request for certificate for interlocutory appeal
Rule 2.12
AT
v.
Request for Certificate for Interlocutory Appeal
THIS MATTER IS NEXT LISTED ON: [date] FOR [type of hearing].
*I represent the appellant
Firm: Practitioner's name
DETAILS OF INTERLOCUTORY DECISION
I wish to apply for certification from His/Her Honour Judge [name].
In relation to the following decision(s) made on [date]
at [Court]:
[Please number and describe each decision]
Decision made: *before trial has commenced/*during trial
This application is made on the following grounds [*state grounds—*see section 295(3) of the Criminal Procedure Act 2009]
Trial has been listed to commence on: [insert date]
For time limits applying to interlocutory appeals—see sections 296(2) and 298(1) of the Criminal Procedure Act 2009.
[signature of appellant/
appellant's legal practitioner]
Form 2I inserted by S.R. No. 112/2025 rule 10.
Form 2I—Court interpreters' Code of Conduct
Rule 2B.01
Court Interpreters' code of conduct
Application of code
This Code of Conduct applies to any person (the interpreter) who, whether or not for fee or any other reward, is engaged, appointed, volunteers or otherwise becomes involved in a proceeding or proposed proceeding to act as an interpreter by interpreting or sight translating from any spoken or signed language (the other language) into English and from English into the other language for any person.
General duty to the Court
An interpreter has an overriding duty to assist the Court impartially.
An interpreter's paramount duty is to the Court and not to any party to or witness in the proceeding, including the person retaining or paying the interpreter.
An interpreter is not an advocate, agent or assistant for a party or witness.
Duty to comply with directions
An interpreter must comply with any direction of the Court.
Duty of accuracy
An interpreter must at all times use the interpreter's best judgement to be accurate in the interpreter's interpretation or sight translation.
In this code, accurately, in relation to interpreting or translating, means optimally and completely transferring the meaning of the other language into English and of English into the other language, preserving the content and intent of the other language or English (as the case may be) without omission or distortion and including matters that may be considered inappropriate or offensive.
If an interpreter considers that the interpreter's interpretation or sight translation is or could be in any way inaccurate or incomplete or requires qualification or explanation (including, without limitation, where the other language is ambiguous or otherwise unclear for any reason), then the interpreter must—
(a) immediately inform the party who engaged them and provide the necessary correction, qualification or explanation to that party; and
(b) if the evidence is being given or was given in court, immediately inform the Court and provide the necessary correction, qualification or explanation to the Court.
Duty of impartiality
An interpreter must at all times act impartially so as to be without bias in favour of or against any person including but not limited to the witness whose evidence the interpreter is interpreting, the party who has engaged or is remunerating the interpreter or any other party to or person involved in the proceeding or proposed proceeding.
Unless the Court otherwise orders, an interpreter must not accept an engagement or appointment to act as an interpreter in relation to a proceeding or proposed proceeding if the interpreter—
(a) is or may become a party or a witness;
(b) is related to, or has a close personal relationship with, a party or a member of the party's family, or with a witness or potential witness;
(c) has or may have a financial or other interest of any other kind in the outcome of the proceeding or proposed proceeding (other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of the interpreter's engagement or employment); or
(d) is or may be unable to fulfil the interpreter's duty of accuracy or impartiality for any reason including, without limitation, personal or religious beliefs or cultural or other circumstances.
Other than carrying out an engagement or appointment as an interpreter, the interpreter must not provide any other assistance, service or advice (including by way of elaboration) to—
(a) the party, legal practitioner or other person who has engaged them; or
(b) any witness or potential witness, in relation to the proceeding or proposed proceeding.
Duty of competence
An interpreter must only undertake work the interpreter is competent to perform in the languages for which the interpreter is qualified by reason of the interpreter's training, qualifications or experience.
If it becomes apparent in the course of a matter that expertise beyond the interpreter's competence is required, the interpreter must inform the Court immediately and work to resolve the situation, either withdrawing from the matter or following another strategy acceptable to the Court.
Confidentiality
Subject to compulsion of law, an interpreter must keep confidential any information that the interpreter acquires in the course of the engagement or appointment as an interpreter (including any communication subject to client legal privilege) unless—
(a) that information is in, or comes into, the public domain other than by an act of the interpreter in breach of this duty of confidentiality; or
(b) the beneficiary of the client legal privilege has waived that privilege.
Form 3A amended by S.R. No. 112/2025 rule 11.
Form 3A—Notice of appeal
Rule 3.02
| IN THE COUNTY COURT | MAGISTRATES' COURT CASE No.: |
| IN THE MATTER OF: | |
Notice of Appeal
[if represented, please complete the legal practitioner details below]
*I am neither Aboriginal nor Torres Strait Islander
*I am Aboriginal
*I am Torres Strait Islander
*I am both Aboriginal and Torres Strait Islander
*I choose not to indicate whether I am Aboriginal or Torres Strait Islander
AND TO the respondent: [name]
Address for respondent:
I wish to appeal against a decision of the Magistrates' Court at [place] on [date].
The details of the offences and sentences/order imposed were:
| Offence | Sentence/order |
Reason for appeal
I am appealing against:
*orders imposed.
STATEMENT REGARDING IMPOSITION OF MORE SEVERE SENTENCE
I have been advised and I am aware that on the hearing of my appeal, the County Court may impose a more severe sentence than the one imposed by the Magistrates' Court and I have been given a copy of the information in Form 3B of the County Court Criminal Procedure Rules 2019.
UNDERTAKING TO PROCEED WITH APPEAL
I [name]
of [address] undertake to:
(a) appear at the County Court at [place] which is located at [address] on [date] at [time] *a.m./*p.m. and to appear at the County Court for the duration of the appeal; and
(b) notify the County Court in writing of any change of address or representation.
In the presence of:
[seal of the Court] OR [signature of prison officer/police officer]
Form 3B—Information for appellant
Rule 3.02
Information for Appellant
Notice under section 255 of the Criminal Procedure Act 2009
To the appellant:
TAKE NOTICE that in relation to your appeal, the County Court may impose a sentence which is more severe than that which has been imposed on you by the Magistrates' Court.
ALSO TAKE NOTICE THAT you must sign the acknowledgement contained in your notice of appeal that you have been advised that on your appeal, the County Court may impose a sentence which is more severe than that which has been imposed on you by the Magistrates' Court.
FURTHER INFORMATION FOR APPELLANT
A copy of the notice of appeal must be served on the respondent within seven days after the day on which the notice is filed. The notice must be served:
(a) by giving a copy of the document to—
(i) the informant; or
(ii) a person representing the informant at a hearing in relation to the charge; or
(b) by sending a copy of the document by prepaid ordinary post addressed to the informant at the business address nominated by the informant under section 18 of the Criminal Procedure Act 2009; or
(c) by sending a copy of the document by fax or email addressed to the informant at the fax number or email address nominated by the informant under section 18 of that Act; or
(d) by leaving a copy of the document for the informant at the informant's business address with a person who appears to work there; or
(e) in any other manner agreed between the informant and the party serving the document.
INFORMATION CONCERNING ABANDONING AN APPEAL
If you decide to abandon your appeal against both conviction and sentence, you must file a notice of abandonment of appeal in accordance with Form 3D of the County Court Criminal Procedure Rules 2019.
If you decide to abandon your appeal against conviction but pursue your appeal against sentence alone, you must file a written notice of abandonment of appeal—conviction only in Form 3E of the County Court Criminal Procedure Rules 2019.
You should contact the County Court for further information.
INFORMATION CONCERNING FAILURE TO APPEAR AT AN APPEAL
If you fail to appear at the appeal hearing, the Court may strike out your appeal or adjourn the proceedings on any terms the Court thinks appropriate.
INFORMATION CONCERNING COSTS OF AN APPEAL
If the Court strikes out or dismisses your appeal, it may order you to pay all or a specified portion of the respondent's costs if it is satisfied that the appeal was brought vexatiously or frivolously or in abuse of process.
APPLICATION FOR LEAVE TO APPEAL
If your notice of appeal has been filed more than 28 days after you were sentenced, your appeal is deemed to be an application for leave to appeal. The Court will consider your application prior to an appeal hearing commencing. If your application is granted, the Court may continue to hear your appeal on that day or adjourn the matter to a future date.
LEGAL ASSISTANCE
If you wish to make application for legal assistance you must make application in writing to Victoria Legal Aid (Melbourne—9269 0120) (rural areas—1800 677 402). The Court office can advise you of the address of the nearest Victoria Legal Aid office. Such application must be made immediately because it may take some time to process. You should take all necessary steps promptly so that, if you are granted legal aid, there will be enough time for advice to be given to you by your lawyer about the appeal.
Form 3C amended by S.R. No. 112/2025 rule 12.
Form 3C—Notice of appeal by DPP against *sentence imposed by Magistrates' Court/*failure of person to fulfil undertaking
Rule 3.03
| IN THE COUNTY COURT | MAGISTRATES' COURT CASE No.: |
The Director of Public Prosecutions
v.
[name of offender]
Notice of Appeal by DPP against *Sentence Imposed by Magistrates' Court/*Failure of Person to Fulfil Undertaking
To the Registrar of the Magistrates' Court:
I, [full name], the DPP wish to appeal
*under section 257 of the Criminal Procedure Act 2009 against a sentence imposed by the Magistrates' Court on [name of offender] of [address].
*under section 260 of the Criminal Procedure Act 2009 against a lesser sentence imposed by the Magistrate's Court on [name of offender] of [address].
The ground(s) of my appeal are: [state the general grounds of the appeal]
*In the case of an appeal under section 257 of that Act, I am satisfied that the appeal should be brought in the public interest.
*In the case of an appeal under section 260 of that Act, the offender was convicted of an indictable offence that was heard and determined summarily by the Magistrates' Court, received a lesser sentence and that person has failed to fulfil an undertaking given to assist law enforcement authorities after sentencing.
[signed by or on behalf of DPP]
Name of offender on whom sentence imposed:
Is the offender Aboriginal or Torres Strait Islander:
Neither Aboriginal nor Torres Strait Islander
Yes, Aboriginal
Yes, Torres Strait Islander
Yes, both Aboriginal and Torres Strait Islander
The offender has chosen not to indicate whether they are Aboriginal or Torres Strait Islander
Unknown
Not applicable (the offender is not a natural person)
Offence for which offender convicted and sentenced to which this appeal relates:
Convicted at: [place and court]
Magistrate:
Date of conviction:
Sentence:
Date of sentence:
Name and address of legal practitioner who represented offender at summary proceeding:
Name of counsel (if any) who represented offender at summary proceeding:
LISTING OF APPEAL
This appeal is listed for hearing before the County Court at [place] at [time] *a.m./*p.m. on [date].
Form 3D—Notice of abandonment of appeal
Rule 3.05
AT
Notice of Abandonment of Appeal
I wish to abandon my appeal against—
*orders imposed.
The appeal is against a decision of the Magistrates' Court at [place] on [date].
The *conviction/*sentence/*orders imposed were: [insert details]
I acknowledge that the *conviction/*sentence/*order appealed will take effect immediately upon lodging this form.
Form 3E—Written notice of abandonment of appeal—conviction only
Rule 3.06
AT
Written Notice of Abandonment of Appeal—Conviction Only
An appeal was lodged against a decision of the Magistrates' Court at [place] on [date].
I abandon my appeal against conviction. I wish to proceed only with my appeal against sentence.
Form 3F—Application to set aside order striking out appeal for failure to appear
Rule 3.07
AT
Application to Set Aside Order Striking Out Appeal for Failure to Appear
THIS MATTER WAS LISTED ON: [date]
An appeal was lodged against a decision of the Magistrates' Court at [place] on [date].
I wish to apply for an order to set aside the order striking out my appeal for my failure to appear made by the County Court on [date].
Reasons for application
The application is made on the grounds that the failure to appear was not due to fault or neglect on the part of the appellant. My reasons are: [give details]
Notice of this application must be served on the respondent a reasonable time before the hearing of the application. Under section 392 of the Criminal Procedure Act 2009, the notice must be served:
(a) by giving a copy of the document to—
(i) the informant; or
(ii) a person representing the informant at a hearing in relation to the charge; or
(b) by sending a copy of the document by prepaid ordinary post addressed to the informant at the business address nominated by the informant under section 18 of that Act; or
(c) by sending a copy of the document by fax or email addressed to the informant at the fax number or email address nominated by the informant under section 18 of that Act; or
(d) by leaving a copy of the document for the informant at the informant's business address nominated by the informant under section 18 of that Act with a person who appears to work there; or
(e) in any other manner agreed between the informant and the party serving the document.
The filing of this application does not stay the original sentence.
Form 4A—Notice of appeal against decision of Children's Court
Rule 4.02
AT
Notice of Appeal against decision of
children's court
AND TO the respondent: [name]
Address for respondent: [address]
I wish to appeal against a decision of the Children's Court at [place] on [date].
The details of the charges and sentences/order imposed were:
| Charge | Sentence/order |
Reason for appeal
I am appealing against—
*finding of unfitness to stand trial
*finding of mental impairment
*a supervision order
*STATEMENT REGARDING IMPOSITION OF MORE SEVERE SENTENCE
I am aware that on the hearing of my appeal, the County Court may impose a more severe sentence than the one imposed by the Children's Court.
*UNDERTAKING TO PROCEED WITH APPEAL
I [name]
of [address] undertake to—
(a) appear at the County Court at [place] which is located at [address] on [date] at [time] *a.m./*p.m. and to appear at the County Court for the duration of the appeal; and
(b) notify the County Court in writing of any change of address or representation.
In the presence of:
[seal of the Court] OR [signature of prison officer/police officer]
Form 4B—Notice of appeal by DPP against sentence imposed by Children's Court
Rule 4.03
The Director of Public Prosecutions
v.
[name of offender]
Notice of Appeal by DPP against Sentence Imposed by Children's Court
To the Registrar of the Children's Court:
I, [full name], the DPP wish to appeal under section 427 of the Children, Youth and Families Act 2005 against a sentence imposed by the Children's Court on [name of offender] of [address].
The ground(s) of my appeal are: [state the general grounds of the appeal]
I am satisfied that the appeal should be brought in the public interest.
[signed personally by the DPP]
Name of offender on whom sentence imposed:
Offence for which offender convicted and sentenced to which this appeal relates:
Convicted at Children's Court: [place]
Children's Court magistrate:
Date of conviction:
Sentence:
Date of sentence:
Name and address of legal practitioner who represented offender at summary proceeding:
Name of counsel (if any) who represented offender at summary proceeding:
Form 4BA—Notice of appeal against orders under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 imposed by Children's Court
Rule 4.03.1
| IN THE MATTER OF: | |
Notice of Appeal Against Orders Under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Imposed by Children's Court
To the Registrar of the Children's Court:
*I, [full name], the DPP wish to appeal under section *38ZAA(1)/*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 in relation to [name of offender] of [address].
*I, [full name], the *DPP/*Attorney-General/*Secretary to the Department of Health and Human Services wish to appeal under section 38ZJ(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against a supervision order imposed by the Children's Court on [name of offender] of [address].
The ground(s) of my appeal are: [state the general grounds of the appeal]
I am satisfied that the appeal should be brought in the public interest.
[*signed personally by *DPP/*Attorney-General/ Secretary to the Department of Health and Human Services]
Name of offender on whom order imposed:
Offence for which offender dealt with to which this appeal relates:
Order imposed at Children's Court: [place]
Children's Court magistrate:
Order made:
Date of order:
Name and address of legal practitioner who represented offender at summary proceeding:
Name of counsel (if any) who represented offender at summary proceeding:
Form 4C—Notice of abandonment of appeal against decision of Children's Court
Rule 4.05
AT
Notice of Abandonment of Appeal against decision of children's court
I wish to abandon my appeal against—
*finding of unfitness to stand trial
*finding of mental impairment
*a supervision order
The appeal is against a decision of the Children's Court at [place] on [date].
The *conviction/*sentence/*finding/*order was: [insert details]
I acknowledge that the *conviction/*sentence/*finding/*order appealed will take effect immediately upon lodging this form.
Form 4D—Written notice of abandonment of appeal—conviction only—section 430C(3) of the Children, Youth and Families Act 2005
Rule 4.06
AT
Written Notice of Abandonment of Appeal—Conviction Only—Section 430C(3) of the Children, Youth And Families Act 2005
An appeal was lodged against a decision of the Children's Court at [place] on [date].
I abandon my appeal against conviction. I wish to proceed only with my appeal against sentence.
Form 4E—Application to set aside order striking out appeal for failure to appear
Rule 4.07
AT
Application to Set Aside Order Striking Out Appeal for Failure to Appear
THIS MATTER WAS LISTED ON: [date] FOR [type of hearing]
An appeal was lodged against a decision of the Children's Court at [place] on [date].
I wish to apply for an order to set aside the order striking out my appeal for my failure to appear made by the County Court on [date].
Reasons for application
The application is made on the grounds that the failure to appear was not due to fault or neglect on the part of the appellant. My reasons are: [give details]
This notice must be served in the same way as a notice of appeal is served.
The filing of this application does not stay the original sentence.
This application is listed for hearing before the County Court at [place] at [time]*a.m./*p.m. on [date].
Form 5A—Application for instalment order and other orders
Rule 5.02(1)
AT
*APPLICATION FOR INSTALMENT ORDER
*TIME TO PAY ORDER
*VARIATION OF INSTALMENT ORDER
*VARIATION OF TIME TO PAY ORDER
*FINE CONVERSION ORDER
CONTACT DETAILS
I, [name] apply to the proper officer of the Court at [place] for—
*an order that the fine be paid by instalments.
*an order that time be allowed for payment of the fine.
*an order for the variation of the terms of an instalment order.
*an order for the variation of the terms of a time to pay order.
*an order to complete unpaid community work instead of paying the fine.
DETAILS OF FINE
Date of fine order:
Date of previous instalment order (if applicable):
Amount of fine: [amount]
I *was/*was not present when the order was made.
I have made payments equalling [amount paid] so far and [amount remaining] remains owing.
DETAILS OF REQUESTED ORDER
I now wish to pay the amount owing
🞏 by [date]
🞏 by instalments of [instalment amount] each *week/*fortnight/*month
🞏 by unpaid community work.
My current occupation is: [occupation]
I currently receive the amount of [amount] each *week/*fortnight/*month.
My expenses for each *week/*fortnight/*month equal [amount].
Office use only<br>__________________________________________<br>Decision: 🞏 Granted 🞏 Refused Judge/Registrar
Form 5AB—Application for variation or cancellation of instalment order or time to pay order
Rule 5.02(1A)
AT
*APPLICATION FOR VARIATION OF
INSTALMENT ORDER
*CANCELLATION OF INSTALMENT ORDER
*VARIATION OF TIME TO PAY ORDER
*CANCELLATION OF TIME TO PAY ORDER
CONTACT DETAILS
I, [name] apply to the Court at [place] for—
*an order for the variation of the terms of an instalment order.
*an order for the cancellation of an instalment order.
*an order for the variation of the terms of a time to pay order.
*an order for the cancellation of a time to pay order.
DETAILS OF FINE
Date of fine order:
Date of previous instalment order (if applicable):
Amount of fine: [amount]
*I/*The offender *was/*was not present when the order was made.
*I have/*The offender has made payments equalling [amount paid] so far and [amount remaining] remains owing.
[details of requested variation or cancellation]
Office use only<br>__________________________________________<br>Decision: 🞏 Granted 🞏 Refused Judge/Registrar
Form 5B—Fine conversion order under Sentencing Act 1991
Rule 5.06(1)
AT
Fine Conversion Order under Sentencing Act 1991
To: [name] Date of birth:
On [date], this fine conversion order was made against you, requiring you to perform unpaid community work in respect of the unpaid fines set out below which were imposed by the County Court at [venue] on [date] for the offence(s) of [give details].
UNPAID AMOUNTS
Fine
Statutory costs
Costs
Hours of work ordered
Duration of order
How hours to be served
$
$
$
00 hours
00 months
As directed
Where the hours are stated as being served cumulatively they are to be served in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of eight hours unpaid community work is required to be performed.
This order commences on [date].
You must attend at [place, address, phone number] within two clear working days with a copy of this order, being on or before [date].
The terms of this fine conversion order are that you must—
• not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;
• comply with any obligation or requirement prescribed by the Sentencing Regulations 2011;
• report to, and receive visits from the Secretary (or delegate) during the period of the order;
• report to the community corrections centre specified in the order within two clear working days after the order comes into force;
• notify the Secretary (or delegate) of any change of address or employment within two clear working days after the change;
• not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary (or delegate);
• comply with any direction given by the Secretary (or delegate) that it is necessary for the Secretary (or delegate) to give to ensure that the offender complies with the order.
| [signature of offender] | [signature of Judge/Registrar] |
Form 5BA—Fine default unpaid community work order under Sentencing Act 1991
Rule 5.06(1A)
AT
Fine Default Unpaid Community Work Order under Sentencing Act 1991
To: [name] Date of birth:
On [date], this fine default unpaid community work order was made against you, requiring you to perform unpaid community work in respect of the unpaid fines set out below which were imposed by the County Court at [venue] on [date] for the offence(s) of [give details].
UNPAID AMOUNTS
Fine
Statutory costs
Costs
Hours of work ordered
Duration of order
How hours to be served
$
$
$
00 hours
00 months
As directed
Where the hours are stated as being served cumulatively they are to be served in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of eight hours unpaid community work is required to be performed.
This order commences on [date].
You must attend at [place, address, phone number] within two clear working days with a copy of this order, being on or before [date].
The terms of this fine default unpaid community work order are that you must—
• not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;
• comply with any obligation or requirement prescribed by the Sentencing Regulations 2011;
• report to, and receive visits from the Secretary (or delegate) during the period of the order;
• report to the community corrections centre specified in the order within two clear working days after the order comes into force;
• notify the Secretary (or delegate) of any change of address or employment within two clear working days after the change;
• not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary (or delegate);
• comply with any direction given by the Secretary (or delegate) that it is necessary for the Secretary (or delegate) to give to ensure that the offender complies with the order.
[signature of offender] [signature of Judge/Registrar]
Form 5C—Notice about the procedure for enforcement of fines
Rule 5.06(2)
Notice about the Procedure for Enforcement of Fines
A warrant to arrest has been issued to the Sheriff for non-payment of the fine(s) imposed against you in the County Court. A summary of the fine(s) and the total amount still outstanding is attached.
You may obtain further details of the penalties from the Court. To do so, you must supply the Court reference which is also on the attached summary.
YOU HAVE SEVEN DAYS FROM THE DATE YOU RECEIVE THIS NOTICE:
• to pay the amount outstanding in full; or
• to obtain an instalment order or a time to pay order; or
• to apply for and consent to the making of a fine conversion order.
OTHERWISE YOU MAY BE ARRESTED.
Payment must be made to the Registrar of the County Court where the penalty was imposed (see attached summary).
IF YOU CANNOT PAY
You may apply to the proper officer of the Court for an order that the fine be paid by instalments, that you be allowed additional time to pay the fine or that you perform unpaid community work in lieu of payment.
If you are granted a fine conversion order in lieu of payment, your fine(s) will be converted into hours of unpaid community work under the direction of the Secretary to the Department of Justice and Community Safety at the rate of one hour for each 0·2 of a penalty unit or part thereof which is owed, with a minimum of eight hours and a maximum of 500 hours work to be performed. The current value of a penalty unit may be obtained by contacting the Court.
An application form may be obtained from the Court.
Any application must be submitted to the Registrar of the County Court where the penalty was imposed.
IF YOU DO NOT PAY OR TAKE ANY ACTION
If you do not take any action, you will be arrested and brought before the Court. If the Court is satisfied that you have defaulted in payment for more than one month it may—
• make a fine default unpaid community work order requiring you to perform unpaid community work under the direction of the Secretary to the Department of Justice and Community Safety for one hour for each 0·2 penalty unit or part of 0·2 penalty unit remaining unpaid with a minimum of eight hours and a maximum of 500 hours. You may also be ordered to pay additional costs;
• order that you be imprisoned for one day for each penalty unit or part of a penalty unit remaining unpaid with a maximum of 24 months, and may order you to pay additional costs;
• order that the amount of the fine then unpaid be levied under a warrant to seize property;
• vary any existing order for payment of the fine by instalments;
• adjourn the hearing or further hearing of the matter for up to six months on any terms that the Court thinks fit.
Form 5CA—Application to vary fine conversion order or fine default unpaid community work order
Address for service:_____________________________________________
I, ___________________apply to the Court at ____________________ to—
🞏 vary the fine conversion order
🞏 vary the fine default unpaid community work order
DETAILS OF ORDER
The order was made at the ______________ Court on //.
The order commenced on //____ and ceases on /__/___.
REASON FOR APPLICATION:
Date: //______ –––––––––––––––––
Form 5D—Warrant to arrest for failure to pay fine
Rule 5.06(3)
Warrant to Arrest for Failure to Pay Fine
Name of person to be arrested:
Date of birth of person to be arrested:
Address of person to be arrested:
To the Sheriff and all police officers.
On [date] the above named person was fined at the County Court at [place] for the offence of [give details].
This person has failed to pay the amount owing for a period of more than one month.
You are authorised to demand the amount of:
| FINE | $ |
| COSTS | $ |
| LESS AMOUNT PAID | $ |
| TOTAL OWING | $ |
If the above named person fails to pay the money owing within seven days of a demand being made and they have not made an application for time to pay or signed a consent to the making of a fine conversion order then You are authorised to break, enter and search any place where the offender is suspected to be and to arrest the offender and cause the offender when arrested—
(a) to be brought before the County Court as soon as practicable to be dealt with according to law; or
(b) to be conveyed to a police station to be released on bail in accordance with the following provisions:
[insert bail provisions]
Details about this Warrant
Issued at: [place]
Form 5E—Summons for failure to pay fine
Rule 5.06(4)
Summons for Failure to Pay Fine
On [date] you were found guilty and fined at the County Court at [place] for the offence of [give details].
You were ordered to pay the following amount:
| FINE | $ |
| COSTS | $ |
| LESS AMOUNT PAID | $ |
| TOTAL OWING | $ |
The Court records show that you have not paid the above amount and a warrant to seize your property to recover this amount has been returned unsatisfied.
Listing of case
You must attend at the County Court at [place] on [date] at [time] *a.m./*p.m.
Address of Court:
Court contact number:
Details about this summons
Issued at:
Notes
If you pay the above amount to the Registrar on or before the date for hearing of this summons, you will not be required to attend at Court. If you do not pay before the hearing of this summons, the Court may order you to pay additional costs.
Payments must be made personally or posted to the Registrar. You must quote the case number at the top of this summons.
If you do not pay the amount due or attend at Court as directed by this summons, a warrant for your arrest may be issued.
Form 5F—Notice about the procedure for enforcement of fines
Rule 5.07
Notice about the Procedure for Enforcement of Fines
(BODIES CORPORATE)
A warrant to seize property owned by the company has been issued to the Sheriff to satisfy the amount remaining unpaid on a fine imposed by the County Court on the company and all lawful costs of execution. A summary of the fine(s) and the total amount still outstanding is attached.
You may obtain further details of the penalties from the Court. To do so, you must supply the Court reference which is also on the attached summary.
YOU HAVE SEVEN DAYS FROM THE DATE YOU RECEIVE THIS NOTICE:
• to pay the amount outstanding in full; or
• to obtain an instalment order or a time to pay order.
OTHERWISE THE SHERIFF MAY SEIZE AND SELL PROPERTY.
Payment must be made to the Registrar of the County Court where the penalty was imposed (see attached summary).
IF THE COMPANY CANNOT PAY
An authorised officer of the company may apply to the proper officer of the Court for an order that the fine be paid by instalments or that additional time to pay the fine be allowed.
An application form may be obtained from the Court.
Any application must be submitted to the Registrar of the County Court where the penalty was imposed.
IF THE COMPANY DOES NOT PAY OR TAKE ANY ACTION
If the company does not pay or take any action, the Sheriff is required to seize and sell property belonging to the company to satisfy the amount outstanding.
Form 5G—Warrant of commitment
Rule 5.09
Warrant of Commitment
Name of offender:
Address of offender:
To the Sheriff and to all police officers and to the officer in charge of the prison at which the above person is to be held, the above offender has failed for a period of one month to pay the:
*monetary penalty imposed on the offender on [date]
or
*instalment payable under an order made by the County Court at [place] on [date]
and having been this day ordered by this Court to be imprisoned for a
term of [give details].
You are authorised and required to take and safely convey him or her to a convenient prison, and there deliver him or her to the officer in charge together with this warrant.
And you, the officer in charge, are authorised and required to receive [nameof offender].
into your custody in such prison and there to imprison him or her for the term of [give details].
Issued at:
Form 5H—Summons—application under section 28 of the Sheriff Act 2009
Rule 5.10
IN THE COUNTY COURT
AT
Summons—Application under Section 28 of the Sheriff Act 2009
TO:
THE SHERIFF:
And [name and address of third party who paid amount under executed money warrant to which this application relates]
You are summoned to attend before the Court on the hearing of an application under section 28 of the Sheriff Act 2009 by [name and address of applicant] for the reinstatement of an executed money warrant as a money warrant.
The application relates to the following executed money warrant: [specifydetails]
If you are the third party who paid the whole of the amount payable under the executed money warrant to which this application relates, you may attend but are not required to attend.
The application will be heard before the County Court at [address] on [insert date] at [insert time] or so soon afterwards as the business of the Court allows.
FILED: [date].
This summons was filed by [identify applicant or applicant's legal representative].
Form 5BB inserted by S.R. No. 77/2023 rule 7.
Form 5BB—Notice of intention to apply under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958
Rule 5A.02
AT
NOTICE OF INTENTION TO APPLY UNDER SECTION 32C(1) OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
of [address]
I, [name of applicant]
intend to apply on [date] at [time] in the County Court, 250 William Street, Melbourne for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958:
*to issue a subpoena for the production of a document which may contain
*to produce a document which may disclose
*to adduce evidence of, or to adduce a document which may record,
*a confidential communication (as defined in section 32B(1) of the Evidence (Miscellaneous Provisions) Act 1958)/*protected health information (as defined in section 32BA of the Evidence (Miscellaneous Provisions) Act 1958).
The nature of the *confidential communication/*protected health information sought to be produced or adduced is:
[provide details]
The matters to be taken into account to determine whether leave should be granted are as set forth in section 32D of the Evidence (Miscellaneous Provisions) Act 1958.
*You are not required to produce the document which may contain *a confidential communication/*protected health information unless the Court makes an order under section 32C(1)(a) or 32CF(1) of the Evidence (Miscellaneous Provisions) Act 1958.
NOTE:
This notice must be served on:
• each other party to the proceeding;
• the informant;
• if the notice relates to a confidential communication, the medical practitioner or counsellor (as the case requires, if not a party);
• if the notice relates to protected health information, whichever of the following entities the applicant for leave considers appropriate—
• the person who recorded or collected the information (or, if the information is an opinion, formed that opinion);
• if the information is held by an organisation, that organisation
not less than 14 days before the date for the hearing of the application.
Form 5BC inserted by S.R. No. 77/2023 rule 7, amended by S.R. No. 112/2025 rule 13.
Form 5BC—Notice to protected person of application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958
Rule 5A.03
AT
NOTICE TO PROTECTED PERSON OF application for leave UNDER SECTION 32C(1) OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
NOTICE IS GIVEN BY:
[name of applicant] intends to apply on [date] at [time] in the County Court at [venue] for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958:
*to issue a subpoena for the production of a document which may contain
*to produce a document which may disclose
*to adduce evidence of, or to adduce a document which may record,
*a confidential communication (as defined in section 32B(1) of the Evidence (Miscellaneous Provisions) Act 1958) that you have made/*protected health information (as defined in section 32BA of the Evidence (Miscellaneous Provisions) Act 1958) about you.
The nature of the *confidential communication/*protected health information sought to be produced or adduced is:
[provide details]
The matters to be taken into account to determine whether leave should be granted are as set forth in section 32D of the Evidence (Miscellaneous Provisions) Act 1958.
You are entitled to:
• appear in person at court on the hearing of the application for leave;
• make submissions to the Court about the application;
• provide the court with a confidential statement (in the form of an affidavit) that describes the harm that is likely to be caused to you if the application is granted.
If you provide the Court with a confidential statement, the Court must not make any part of it available to any person other than you or your legal representative unless the Court considers that it is in the interests of justice to do so.
If you wish to appear in person at court to be heard on the application, please contact:
*[if Judge or judicial registrar has been allocated] the presiding *Judge/*judicial registrar, [name], by email at [email].
*[if no Judge or judicial registrar has been allocated] the Criminal
Registry by either calling (03) 8636 6570 or by email at criminal.registry@countycourt.vic.gov.au.
If you intend to provide the Court with a confidential statement, it must be filed with the Court by emailing a copy of the confidential statement, no later than [date that is two days before the hearing of the application].
*[if Judge or judicial registrar has been allocated] The statement must be provided to the presiding *Judge/*judicial registrar, [name], by email at [email].
*[if no Judge or judicial registrar has been allocated] You will need to contact the Criminal Registry by either calling (03) 8636 6570 or by email at criminal.registry@countycourt.vic.gov.au to obtain an email address to which the statement is to be sent.
If you provide the Court with a confidential statement, please use the following as the subject line of the email: 'Case Number [case number] - Confidential Statement of the Protected Person'.
You may wish to consider whether to obtain legal advice in relation to the application.
• If you do not have a lawyer, the Law Institute of Victoria can assist in connecting you through the 'Find Your Lawyer' referral service. The Find Your Lawyer Referral telephone service operates
9 a.m. to 5 p.m. Monday to Friday and can be reached by calling
03 9607 9550. For further information visit https://www.liv.asn.au/LegalHelp.
• Victoria Legal Aid (VLA) can provide preliminary assistance through their Legal Help referral service. The Legal Help service operates
8 a.m. to 6 p.m. Monday to Friday and can be reached by calling
1300 792 387, or you may leave a message via the 'Legal Help Chat' function that can be accessed through VLA's website by visiting https://www.legalaid.vic.gov.au.
• Alternatively, you may wish to seek assistance through your local community legal centre. The Federation of Community Legal Centres (Vic) ('FCLC') can assist finding your local centre and how to contact them for an appointment. The FCLC can be reached by calling (03) 9652 1501. For more information visit https://www.fclc.org.au/find_a_community_legal_centre.
Form 5BD inserted by S.R. No. 77/2023 rule 7.
Form 5BD—Declaration by proposed recipient of the subpoena—physical production
Rule 5A.04
AT
DECLARATION BY PROPOSED RECIPIENT OF THE SUBPOENA—PHYSICAL PRODUCTION
You must complete the declaration below if the Court makes an order under section 32CF(1) of the Evidence (Miscellaneous Provisions) Act 1958 requiring you to produce the document to the Court and you physically produce the document. The completed declaration must accompany the documents you produce to the Court in compliance with the order.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies—
(a) if leave is not granted by the Court under section 32C(1)(a) of the Evidence (Miscellaneous Provisions) Act 1958 to compel you to produce a document containing *a confidential communication/*protected health information, after the expiry of three days from the determination of the application for leave; or
(b) if leave is granted by the Court under section 32C(1)(a) of the Evidence (Miscellaneous Provisions) Act 1958 to compel you to produce a document containing *a confidential communication/*protected health information, after the expiry of four months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
All of the material I am providing in compliance with the order of the Court are copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
Some or all of the material I am providing in compliance with the order of the Court is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
[signature of proposed recipient]
[name of proposed recipient]
Form 6A—Application to determine legal professional privilege
Rule 6.02
IN THE COUNTY COURT OF VICTORIA 20 CASE No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by the Chief Examiner, the applicant, under section 42 of that Act to determine legal professional privilege.
Application to Determine Legal Professional Privilege
I, [name], Chief Examiner, apply under section 42 of the Major Crime (Investigative Powers) Act 2004 for a determination whether or not [describe document or thing] is the subject of legal professional privilege.
*THIS APPLICATION is made on the following grounds: [insert reasons and specify grounds for making the application].
*I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application.
[signature of Chief Examiner]
Form 6B—Warrant for arrest of witness
Rule 6.03
AT
IN THE MATTER OF a witness summons issued by the Chief Examiner under section 15 of the Major Crime (Investigative Powers) Act 2004
Warrant for Arrest of Witness
Address of witness: [address]
Details
On [date] the Chief Examiner issued a witness summons to you under section 15 of the Major Crime (Investigative Powers) Act 2004. An application under section 46 of that Act has been made by a police officer [insert name and details of applicant] for the issue of a warrant for your arrest because there are reasonable grounds to believe:
that you have absconded or are likely to abscond; or
that you are otherwise attempting, or are otherwise likely to attempt, to evade service of the summons; or
that you have committed an offence under section 37(1) of that Act or are likely to do so.
A copy of the witness summons is attached to this warrant.
Dated:
Warrant to arrest
To all police officers
You are authorised to break into and enter any premises, vessel, aircraft or vehicle where the person named in this warrant is suspected to be, to arrest that person and bring the person before the Court as soon as practicable to be dealt with according to law or cause the person to be released on bail in accordance with the endorsement on this warrant.
I am satisfied by the evidence before me that a warrant of arrest should be issued on the following grounds:
that the person has absconded or is likely to abscond; or
that the person is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons; or
that the person has committed an offence under section 37(1) of that Act or is likely to do so.
Issued at [place]
Form 7A—Identity crime certificate
Rule 7.01
IN THE COUNTY COURT
AT
IN THE MATTER of an application under section 89F of the Sentencing Act 1991 for an identity crime certificate
Identity Crime Certificate
The County Court issues this identity crime certificate under section 89F of the Sentencing Act 1991.
On [date] the Court found [name of offender] guilty of an identity crime offence.
The identity crime offence to which this certificate relates is [specify identity crime offence and date of offence].
The name of the victim of the identity crime offence is [name of victim].
*3. The Court considers the following other matters are relevant: [specify any other relevant matters, for example address of victim, date of birth, gender]
Date
Form 7B—Notice to appear under section 89H of the Sentencing Act 1991
Rule 7.02
IN THE COUNTY COURT OF VICTORIA CASE No.
AT
IN THE MATTER of an application under section 89F of the Sentencing Act 1991 for an identity crime certificate
Notice to Appear under Section 89H of the Sentencing Act 1991
TO: [name and address of person who prosecuted the identity crime offence which is the subject of the application]
TAKE NOTICE THAT you are directed to appear at the hearing of the application to provide assistance to the Court in relation to the application.
PARTICULARS:
Date of hearing: [date]
Place of hearing: [address of Court]
The identity crime offence to which this application relates is [specify identity crime offence].
The name of the victim of the identity crime offence is [name of victim].
The Court found [name of offender] guilty of the identity crime offence on [date].
*6. Other relevant matters are: [specify any other relevant matters]
*7. You may appoint another person to appear on your behalf at the hearing. If you wish to do so, specify the name and contact details ofthat person.
Date
Form 8A—Application under section 48N(1) of the Sentencing Act 1991
Rule 8.01
AT
This application is being made by
of
To:
Information about the community correction order
Which Court made the order? The Court at .
When was the order made? It was made on / / .
It started on / / . It ends on / / .
Information about this application
I want the community correction order *cancelled/*varied to—
[specify changes required]
I want the order *cancelled/*varied for the following reasons—
NOTICE OF APPLICATION
To:
The above application is being made to the Court at
The application will be heard on Day Month Year
at *a.m./*p.m.
––––––––––––––––––
Dated: Day Month Year
Form 8B—Application under section 83AY of the Sentencing Act 1991 for review of a decision of the Secretary
Rule 8.02
AT
Application under section 83AY of the Sentencing Act 1991 for review of a decision of the Secretary
(If represented, please complete the legal practitioner details below)
🞏 I have legal representation (complete below)
🞏 I represent the applicant
🞏 I do not have legal representation
Solicitor code: Ref:
To the Registrar of the County Court at:
AND TO the respondent: The Secretary to the Department of Justice and Community Safety at [place]
Sentencing Order
On [date], at the County Court at [place], the applicant was sentenced to a community correction order. The community correction order commences on [date] and expires on [date].
Decision on review
On [date] an administrative review hearing was held at [place]. At the hearing a decision was made that the applicant:
*Undertake an additional [number] hours of unpaid community work.
*Serve an extended curfew of [number] hours per day or for a further [number] days.
GROUNDS FOR APPLICATION
The applicant's reasons for seeking a review of the decision are:
*There was not a failure to comply with the community correction order.
*There was a reasonable excuse for failure to comply with the community correction order.
*The failure to comply with the community correction order was not sufficiently serious to give the direction.
*The unpaid community work condition *had expired/*was completed.
*The additional hours of unpaid community work ordered is excessive.
[signature of applicant/applicant's legal practitioner]
Form 9A—Notice of application for suppression order
Rule 9.02
IN THE COUNTY COURT OF VICTORIA
AT
Notice of Application for Suppression Order
To: The County Court of Victoria at [appropriate email address]
And to: [identify other proposed recipients of the notice]
[Applicant] hereby gives notice of the making of an application for a suppression order under the Open Courts Act 2013 in this proceeding.
*The application is the subject of an application filed on [date] returnable before [judicial officer] in [court room] at [time] *a.m./*p.m. on [date].
OR
*The applicant proposes to make the application orally before [judicial officer] in [court room] at [time] *a.m./*p.m. on [date].
The application is for an order in the following terms:
[Set out the proposed wording of the order to be sought].
The applicant proposes to rely upon [insert brief description of material to be relied upon].
For further information, please contact:
[Name of applicant or applicant's representative for enquiries]
Tel: [number]
Mobile number: [number]
Email: [email]
Form 10A—Application for registration exemption order
Rule 10.02(1)
AT
Application for Registration Exemption Order
THIS FORM IS FILED ON BEHALF OF: [name]
AND TO the respondent: The Chief Commissioner of Police
I wish to apply for a registration exemption order under the Sex Offenders Registration Act 2004.
The applicant's date of birth is: [date of birth].
This application is in respect of the following offence: [details of specified offence to which the application relates].
That offence was committed on: [date].
The sentence for that offence was imposed by [Judge] on [date].
The case number for the proceeding in which that sentence was imposed is: [case number].
This application is made on the grounds that: [insert grounds].
The acts, facts, matters and circumstances set out in the affidavit made on [date of affidavit] are relied on in support of this application.
The following other documents are attached in support of this application:
[List the documents. Attach list if insufficient space.]
Form 11A—Notice of application for supervision order
Rule 11.03(1)
AT
and
IN THE MATTER of an application under section 13 of that Act for a supervision order.
AND
Notice of Application for Supervision Order
The Secretary to the Department of Justice and Community Safety applies under section 13 of the Serious Offenders Act 2018 ("the Act") for a supervision order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act.
(b) a custodial sentence for a serious sex offence or a serious violence offence was imposed on C.D., as follows [insert particulars]; and
*was the subject of an application for a supervision order, a detention order or an emergency detention order [insert details].
*C.D. is an eligible offender within the meaning of section 8(3) of the Act in that C.D. is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order [insert details].
C.D. has not ceased to be an eligible offender by the operation of section 8(4) of the Act in relation to any relevant appeal.
THIS APPLICATION is made upon the grounds that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence/*both a serious sex offence and a serious violence offence if a supervision order is not made and C.D. is in the community.
THE GROUNDS on which it is contended that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence/*both a serious sex offence and a serious violence offence if a supervision order is not made and C.D. is in the community are: [specify grounds]
THE PERIOD sought for the duration of the supervision order is: [insert period, not exceeding 15 years]
*THE CONDITIONS sought in respect of the supervision order, in addition to the core conditions set out in section 31 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 3 of the Act]
*[if intensive treatment and supervision condition is being sought] treatment and supervision plan [identify plan]
[signature]
Form 11B—Notice of application for renewal of supervision order
Rule 11.03(2)
AT
and
IN THE MATTER of an application under section 22 of that Act for renewal of a supervision order.
AND
Notice of Application for Renewal of Supervision Order
The Secretary to the Department of Justice and Community Safety applies under section 22 of the Serious Offenders Act 2018 ("the Act") for the renewal of the supervision order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act.
(b) a custodial sentence for a serious sex offence or a serious violence offence was imposed on C.D., as follows [insert particulars]; and
*was the subject of an application for a supervision order, a detention order or an emergency detention order [insert details].
*C.D. is an eligible offender within the meaning of section 8(3) of the Act in that C.D. is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order [insert details].
C.D. has not ceased to be an eligible offender by the operation of section 8(4) of the Act in relation to any relevant appeal.
THIS APPLICATION is made upon the grounds that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence/*both a serious sex offence and a serious violence offence if a renewed supervision order is not made and C.D. is in the community.
C.D. is currently subject to a supervision order and that order is still in force: [insert details]
THE GROUNDS on which it is contended that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence/*both a serious sex offence and a serious violence offence if a renewed supervision order is not made and C.D. is in the community are: [specify grounds]
THE PERIOD sought for the duration of the renewed supervision order is: [insert period, not exceeding 15 years]
*THE CONDITIONS sought in respect of the renewed supervision order, in addition to the core conditions set out in section 31 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 3 of the Act]
Form 11C—Supervision order
Rule 11.04
Supervision Order
ATTENDANCE: [set out attendance (including by audiovisual link or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner]
THE COURT IS SATISFIED that the making of a supervision order in respect of the offender C.D. under *section 14/*section 24/*section 62 of the Serious Offenders Act 2018 ("the Act") is justified.
THE COURT STATES, under section 16(1) of the Act that THE COURT IS SATISFIED that the offender C.D. [name of offender] poses an unacceptable risk of committing:
*a serious sex offence
*a serious violence offence
*both a serious sex offence and a serious violence offence
as defined in the Act if a supervision order is not made and C.D. is in the community.
C.D. [name of offender] be subject to a supervision order under *section 14/*section 24/*section 62 of the Act.
THIS ORDER commences on: [insert details in accordance with section 18 of the Act]
THE PERIOD for which this order remains in force is: [insert period, not exceeding 15 years]
THE LATEST DATE by which an application for the first review of this order under Part 8 of the Act must be made is: [insert period, being not later than three years after order is first made]
THE MAXIMUM INTERVAL(S) between subsequent reviews of this order *is/*are: [insert period, being no more than three years]
CORE CONDITIONS:
Pursuant to section 31 of the Act, the core conditions of this order that apply to C.D. during the period of the order are the following:
C.D. must not commit a serious sex offence in Victoria or elsewhere;
C.D. must not commit a serious violence offence in Victoria or elsewhere;
C.D. must not commit an offence referred to in Schedule 3 of the Act in Victoria or elsewhere;
If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;
If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;
If the Court requires C.D. to reside at a residential treatment facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;
If the Court requires C.D. to reside at a residential treatment facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;
C.D. must not engage in any behaviour or conduct that threatens the safety of any person (including C.D.);
C.D. must attend at any place directed by the Post Sentence Authority for the purpose of administering the conditions of this order;
C.D. must attend at any place directed by the Post Sentence Authority for the purpose of making assessments required by the Court, the Secretary to the Department of Justice and Community Safety or the Director of Public Prosecutions for Victoria for the purposes of the Act (including a personal examination by a medical expert for the purpose of providing the Court with a report to assist the Court in determining the need for or the form of any condition of this order);
C.D. must report to, and receive visits from, the Secretary to the Department of Justice and Community Safety or any person nominated by the Secretary to the Department of Justice and Community Safety for the purposes of section 31(12) of the Act;
C.D. must notify the Post Sentence Authority of any change of employment or new employment (whether paid or unpaid) at least two clear days before commencing the changed or new employment;
C.D. must not leave Victoria except with the permission of the Post Sentence Authority granted either generally or in relation to a particular case;
C.D. must comply with a direction given by the Post Sentence Authority under the emergency power in section 142 of the Act;
C.D. must obey all instructions given by a community corrections officer or a specified officer under section 209 of the Act.
ADDITIONAL CONDITIONS UNDER DIVISION 3 OF PART 3 OF THE ACT: [insert any additional conditions]
Form 11D—Notice of application for declaration that condition is a restrictive condition
Rule 11.05
AT
and
IN THE MATTER of an application under section 40 of that Act for a declaration that a condition of a supervision order is a restrictive condition.
AND
Notice of Application for Declaration that a Condition is a Restrictive Condition
The Secretary to the Department of Justice and Community Safety gives notice of application under section 40 of the Serious Offenders Act 2018 ("the Act") for a declaration that the following *condition/*conditions imposed or sought to be imposed on a supervision order in respect of C.D. [name of offender] *is a restrictive condition/*are restrictive conditions:
[insert particulars]
The application for a declaration is to be made on:
*the making of a supervision order in respect of C.D. pursuant to [give details of relevant application for supervision order].
*the renewal of a supervision order in respect of C.D. pursuant to [give details of relevant application for renewal of supervision order].
*a review of a supervision order in respect of C.D. pursuant to [give details of relevant application for review of supervision order].
*a review of a condition of a supervision order in respect of C.D. pursuant to [give details of relevant application for review of condition].
THE GROUNDS on which it is contended that the declaration is necessary to address the risk of C.D. committing *a serious sex offence/*a serious violence offence/*both a serious sex offence and a serious violence offence or an offence referred to in Schedule 3 of the Act are: [specify grounds]
Form 11E—Notice of application for extension of an intensive treatment and supervision condition
Rule 11.06
AT
and
IN THE MATTER of an application under section 43 of that Act for an extension of an intensive treatment and supervision condition.
AND
Notice of Application for Extension of an Intensive Treatment and Supervision Condition
The Secretary to the Department of Justice and Community Safety applies under section 43 of the Serious Offenders Act 2018 for an extension of the intensive treatment and supervision condition imposed on the supervision order in respect of C.D. [name of offender].
C.D. is currently subject to a supervision order with an intensive treatment and supervision condition and that condition is still in force: [insert details]
*This is an application for a first extension of the condition. It is contended that an extension of the intensive treatment and supervision condition is necessary to reduce the risk of C.D. committing *a serious sex offence/ *a serious violence offence/*both a serious sex offence and a serious violence offence and that the risk cannot be reduced using less restrictive means of supervision. The grounds on which it is so contended are: [specify grounds]
*This is an application for a second or subsequent extension. It is contended that exceptional circumstances exist. The grounds on which it is so contended are: [specify grounds]
THE PERIOD sought for the duration of the extension is: [insert period, not exceeding 12 months]
treatment and supervision plan [identify plan]
Form 11F—Notice of application for interim supervision order
Rule 11.07(1)
AT
and
IN THE MATTER of an application under section 46 of that Act for an interim supervision order.
AND
Notice of Application for Interim Supervision Order
The Secretary to the Department of Justice and Community Safety applies under section 46 of the Serious Offenders Act 2018 ("the Act") for an interim supervision order under section 47 of the Act in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act.
(b) a custodial sentence for a serious sex offence or a serious violence offence was imposed on C.D., as follows [insert particulars]; and
*was the subject of an application for a supervision order, a detention order or an emergency detention order [insert details].
*C.D. is an eligible offender within the meaning of section 8(3) of the Act in that C.D. is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order [insert details].
C.D. has not ceased to be an eligible offender by the operation of section 8(4) of the Act in relation to any relevant appeal.
C.D. is the subject of:
*an application under section 13 of the Act for a supervision order which has been commenced but not determined [give details]; or
*an application under section 22 of the Act for renewal of a supervision order which has been commenced but not determined [give details].
*For the purposes of section 47(1)(a)(ii)(A) of the Act, C.D. is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 13 of the Act is determined.
*For the purposes of section 47(1)(b) of the Act, it is contended that the documents in support of the application under *section 13/*section 22 of the Act would, if proved, justify the *making/*renewal of a supervision order.
For the purposes of section 47(1)(c) of the Act, it is contended that it is in the public interest to make an interim supervision order, having regard to the following matters—
*The application under section 13 of the Act for a supervision order was not, or will not be, determined before C.D. is released from custody because: [specify reasons]
*The application under section 22 of the Act for renewal of a supervision order was not, or will not be, determined before the expiry of the previous supervision order because: [specify reasons]
*Further [specify the other matter(s) relied upon in support of the contention that it is in the public interest to make an interim supervision order].
*THE CONDITIONS sought in respect of the interim supervision order, in addition to the core conditions set out in section 31 of the Act, are: [insert proposed conditions in accordance with sections 48(2)(e) and 49 and Division 3 of Part 3 of the Act]
THE PERIOD sought for the duration of the interim supervision order is: [insert period in accordance with section 54 of the Act]
Form 11G—Notice of application for extension of interim supervision order
Rule 11.07(2)
AT
and
IN THE MATTER of an application under section 57 of that Act for extension of an interim supervision order.
AND
Notice of Application for Extension of Interim Supervision Order
The Secretary to the Department of Justice and Community Safety applies under section 57 of the Serious Offenders Act 2018 ("the Act") for the extension of an interim supervision order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act.
(b) a custodial sentence for a serious sex offence or a serious violence offence was imposed on C.D., as follows [insert particulars]; and
*was the subject of an application for a supervision order, a detention order or an emergency detention order [insert details].
*C.D. is an eligible offender within the meaning of section 8(3) of the Act in that C.D. is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order [insert details].
C.D. has not ceased to be an eligible offender by the operation of section 8(4) of the Act in relation to any relevant appeal.
C.D. is currently subject to an interim supervision order and that order is still in force: [insert details]
C.D. is the subject of—
*an application under section 13 of the Act for a supervision order which has been commenced but not determined [give details].
*an application under section 22 of the Act for renewal of a supervision order which has been commenced but not determined [give details].
For the purposes of section 47(1)(a)(ii)(A) of the Act (as applied by section 58(2) of the Act), C.D. is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 13 of the Act is determined.
*For the purposes of section 47(1)(a)(ii)(B) of the Act (as applied by section 58(2) of the Act), the previous supervision order has expired or will have expired before the application under section 22 of the Act is determined.
*For the purposes of section 47(1)(b) of the Act (as applied by section 58(2) of the Act), it is contended that the documents in support of the application under *section 13/*section 22 of the Act would, if proved, justify the *making/*renewal of a supervision order.
For the purposes of section 47(1)(c) of the Act (as applied by section 58(2) of the Act), it is contended that it is in the public interest to extend the interim supervision order, having regard to the following matters—
*The application under section 13 of the Act for a supervision order was not, or will not be, determined before C.D. is released from custody because: [specify reasons]
*The application under section 22 of the Act for renewal of a supervision order was not, or will not be, determined before the expiry of the previous supervision order because: [specify reasons]
*Further [specify the other matter(s) relied upon in support of the contention that it is in the public interest to extend the interim supervision order].
*THE CONDITIONS sought in respect of the extended interim supervision order, in addition to the core conditions set out in section 31 of the Act, are: [insert proposed conditions in accordance with sections 58(3) and 59(2)(d) and Division 3 of Part 3 of the Act]
THE PERIOD sought for the duration of the extended interim supervision order is: [insert period in accordance with sections 54(2) and 58 of the Act]
Form 11H—Interim supervision order
Rule 11.08(1)
Interim Supervision Order
ATTENDANCE: [set out attendance (including by audiovisual or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner]
THE COURT STATES, under section 48(1) of the Serious Offenders Act 2018 ("the Act"), that THE COURT IS SATISFIED that the making of this interim supervision order under section 47 of the Act is justified and that it is in the public interest to make the order.
C.D. [name of offender] be subject to an interim supervision order under section 47 of the Act.
THIS ORDER commences on: [insert details in accordance with section 53 of the Act]
THE PERIOD of this order is: [insert period in accordance with section 54 of the Act]
CORE CONDITIONS:
Pursuant to section 31 of the Act, the core conditions of this order that apply to C.D. during the period of the order are the following:
C.D. must not commit a serious sex offence in Victoria or elsewhere;
C.D. must not commit a serious violence offence in Victoria or elsewhere;
C.D. must not commit an offence referred to in Schedule 3 of the Act in Victoria or elsewhere;
If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;
If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;
If the Court requires C.D. to reside at a residential treatment facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;
If the Court requires C.D. to reside at a residential treatment facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;
C.D. must not engage in any behaviour or conduct that threatens the safety of any person (including C.D.);
C.D. must attend at any place directed by the Post Sentence Authority for the purpose of administering the conditions of this order;
C.D. must attend at any place directed by the Post Sentence Authority for the purpose of making assessments required by the Court, the Secretary to the Department of Justice and Community Safety or the Director of Public Prosecutions for Victoria for the purposes of the Act (including a personal examination by a medical expert for the purpose of providing the Court with a report to assist the Court in determining the need for or the form of any condition of this order);
C.D. must report to, and receive visits from, the Secretary to the Department of Justice and Community Safety or any person nominated by the Secretary to the Department of Justice and Community Safety for the purposes of section 31(12) of the Act;
C.D. must notify the Post Sentence Authority of any change of employment or new employment (whether paid or unpaid) at least two clear days before commencing the changed or new employment;
C.D. must not leave Victoria except with the permission of the Post Sentence Authority granted either generally or in relation to a particular case;
C.D. must comply with a direction given by the Post Sentence Authority under the emergency power in section 142 of the Act;
C.D. must obey all instructions given by a community corrections officer or a specified officer under section 209 of the Act.
ADDITIONAL CONDITIONS UNDER DIVISION 3 OF PART 3 OF THE ACT: [insert any additional conditions]
Form 11I—Order extending interim supervision order
Rule 11.08(2)
Order Extending Interim Supervision Order
ATTENDANCE: [set out attendance (including by audiovisual or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner]
THE COURT STATES, under section 59(1) of the Serious Offenders Act 2018 ("the Act"), that THE COURT IS SATISFIED that this extension of the interim supervision order to which C.D. [name of offender] is subject is justified and that it is in the public interest to grant the extension.
THE INTERIM SUPERVISION ORDER under the Act made on [insert date of interim supervision order] to which C.D. [name of offender] is subject be extended.
THE PERIOD for which the interim supervision order is extended is: [insert period, in accordance with sections 54(2) and 58 of the Act]
*3. THE CONDITIONS of the interim supervision order are varied, added or removed as follows: [specify changes made to conditions of interim supervision order]
Form 11J—Notice of application by Secretary for review of supervision order
Rule 11.09
Notice of Application by Secretary for Review of Supervision Order
The Secretary to the Department of Justice and Community Safety applies under section 99 of the Serious Offenders Act 2018 for a review of the supervision order made by the Court on [insert date of order].
[signed]
for and on behalf of
the Secretary to the Department
of Justice and Community Safety
Form 11K—Notice of application for leave to apply for review of supervision order
Rule 11.10(1)
Notice of Application for Leave to Apply for
Review of Supervision Order
*The Secretary to the Department of Justice and Community Safety applies under section 102(1) of the Serious Offenders Act 2018 ("the Act") for leave of the Court to apply for a review of the supervision order made by the Court on [insert date of order] and, if leave be granted, review of that supervision order. This application is made *on the Secretary's own motion/*on the recommendation of the Post Sentence Authority.
*The Director of Public Prosecutions applies under section 102(1) of the Act for leave of the Court to apply for a review of the supervision order made by the Court on [insert date of order] and, if leave be granted, review of that supervision order.
*I, C.D. apply under section 102(1) of the Act for leave of the Court to apply for a review of the supervision order made by the Court [insert date of order] and, if leave be granted, review of that supervision order.
THE GROUNDS on which this application is made are:
*the following new facts or circumstances would justify a review of the order [specify].
*the following reasons justify the review of the order in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation [specify].
Form 11L—Notice of application for review of supervision order on ground of statutory amendments to core conditions
Rule 11.10(2)
Notice of Application for Review of Supervision Order on Ground of Statutory Amendments to Core Conditions
*The Secretary to the Department of Justice and Community Safety applies under sections 102(1) and 112 of the Serious Offenders Act 2018 ("the Act") for a review of the supervision order made by the Court on [insert date of order]. This application is made *on the Secretary's own motion/*on the recommendation of the Post Sentence Authority.
*The Director of Public Prosecutions applies under sections 102(1) and 112 of the Act for a review of the supervision order made by the Court on [insert date of order].
*I, C.D. apply under sections 102(1) and 112 of the Act for a review of the supervision order made by the Court [insert date of order].
THE GROUND on which this application is made is that amendments to section 31 of the Act which amend the core conditions to which the supervision order is subject have come into operation since the supervision order was made or last renewed or reviewed [give details].
*Further, it is sought, under section 112(2)(b) of the Act, that the Court deal with another matter or matters that could be the subject of an application under section 102 of the Act [give details of the matter or matters].
*There are new facts or circumstances which would justify the review of the supervision order [give details].
*It would be in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation, to review the order [give reasons].
Form 11M—Notice of application for leave to apply for review of conditions of supervision order or interim supervision order
Rule 11.11
Notice of Application for Leave to Apply for
Review of Conditions of Supervision Order or
Interim Supervision order
*The Secretary to the Department of Justice and Community Safety applies under section 110 of the Serious Offenders Act 2018 ("the Act") for leave of the Court to apply for a review of the conditions, other than the core conditions, of the *supervision order/*interim supervision order made by the Court on [insert date of order] and, if leave be granted, review of those conditions.
*I, C.D. apply under section 110 of the Act for leave of the Court to apply for a review of the conditions, other than the core conditions, of the *supervision order/*interim supervision order made by the Court on [insert date and relevant details of order] and, if leave be granted, review of those conditions.
*THE CONDITION(S) which *is/*are the subject of this application are: [specify condition(s) to which the application relates]
THE GROUNDS on which this application is made are as follows:
*New facts and circumstances justifying the review have arisen since the conditions were made [specify new facts and circumstances justifying review].
*It would generally be in the interests of justice, having regard to the purposes of the condition and the manner or effect of their implementation, to review the conditions [specify reasons the review is justified in the interests of justice].
FILED with this notice are:
*progress report in respect of C.D. [identify report]
*certificate of available resources
Form 11N—Notice of application by Secretary for review of intensive treatment and supervision condition
Rule 11.12
Notice of Application by Secretary for Review of Intensive Treatment and Supervision Condition
The Secretary to the Department of Justice and Community Safety applies under section 113 of the Serious Offenders Act 2018 for a review of the intensive treatment and supervision condition imposed on a supervision order made by the Court on [insert date of order] in respect of C.D.
*THE CONDITION which is the subject of this application is: [specify the condition to which the application relates]
FILED with this notice are:
treatment and supervision plan in relation to C.D. [identify plan]
Form 11O—Order to attend for examination
Rule 11.13
Order to Attend for Examination
ATTENDANCE: [set out attendance (including by audiovisual link or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]
THE COURT ORDERS THAT under section 127 of the Serious Offenders Act 2018C.D. [name of offender] attend for a personal examination by a medical expert or other person [insert name and any other relevant details of expert or other person who is to conduct the personal examination and the time and place required for the attendance for examination] for the purpose of enabling that expert or other person to make a report, or give evidence, to the Court.
NOTE
To [name of offender]:
This order requires you to attend for a personal examination. However, in accordance with section 127(2) of the Act, this order does not require you to submit to a physical examination or in any way actively to cooperate in the carrying out of a personal examination.
Form 11P—Notice of intention to dispute assessment, progress report or other report to Court
Rule 11.14
Notice of Intention to Dispute Assessment Report, Progress Report or Other Report to Court
To the Registrar:
TAKE NOTICE THAT:
*The Secretary to the Department of Justice and Community Safety intends
*The Director of Public Prosecutions intends
*I, C.D. intend
under section 271 of the Serious Offenders Act 2018 to dispute the *whole of/*a specified part of *an assessment report/*a progress report/*a report made to the Court/*any other report.
PARTICULARS
I INTEND TO DISPUTE:
*the whole of the assessment report [identify report].
*part of the assessment report [identify report and part disputed].
*the whole of the progress report [identify report].
*part of the progress report [identify report and part disputed].
*the whole of another report [identify report].
*part of another report [identify report and part disputed].
THE GROUNDS on which I intend to dispute *the report/*part of the report are: [set out the grounds]
[signature of party giving
notice or party's legal advisor]
Form 12A—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order
Rule 12.02
Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order
(Section 50 of the Vexatious Proceedings Act 2014)
I, [name], a person subject to a limited litigation restraint order [identify the relevant order], apply under section 50 of the Vexatious Proceedings Act 2014 for leave to *make/*continue an interlocutory application in this proceeding.
In accordance with section 51 of that Act, I contend that the interlocutory application is not a vexatious application and that there are reasonable grounds for the application, namely that: [set out the grounds in numbered paragraphs].
leave to *make/*continue the following interlocutory application [specify];
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
FILED [insert date]
*(b) for the applicant by [name or firm of solicitor], solicitor, of [businessaddress of solicitor].
*(c) for the applicant by [name or firm of solicitor], solicitor, of [businessaddress of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].
Form 12B—Application for leave to continue proceeding by person subject to extended litigation restraint order
Rule 12.03
Application for leave to continue proceeding by person subject to extended litigation restraint order
(Section 52(1) of the Vexatious Proceedings Act 2014)
I, [name], a person subject to an extended litigation restraint order
[identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding to which the order relates, namely [identify the relevant proceeding].
In accordance with section 53 of that Act, I contend that *this proceeding/*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].
leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
*(c) for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].
Form 12C—Application for leave to commence proceeding by person subject to extended litigation restraint order
Rule 12.03
IN THE COUNTY COURT 20 No.
AT
IN THE MATTER of an application under section 52(1) of the Vexatious Proceedings Act 2014.
Application for leave to commence proceeding by person subject to extended litigation restraint order
I, [name], a person subject to an extended litigation restraint order
[identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding *against a person or other entity protected by the order/*in respect of a matter described in the order.
In accordance with section 53 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].
leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
*(c) for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].
Form 12D—Application for leave to continue proceeding by person subject to general litigation restraint order
Rule 12.04
Application for leave to continue proceeding by person subject to general litigation restraint order
(Section 54 of the Vexatious Proceedings Act 2014)
I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding].
In accordance with section 55 of that Act, I contend that *this proceeding/
*the proceeding is not a vexatious proceeding and that there are reasonable grounds for the proceeding, namely that: [set out the grounds in numbered paragraphs].
leave to continue *this proceeding/*a proceeding, namely [identify relevant proceeding];
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(i) that is a vexatious application or a vexatious proceeding (asdefined in the Act); or
(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
*(c) for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].
Form 12E—Application for leave to commence proceeding by person subject to general litigation restraint order
Rule 12.04
IN THE COUNTY COURT 20 No.
AT
IN THE MATTER of an application under section 54 of the Vexatious Proceedings Act 2014*.*
Application for leave to commence proceeding by person subject to general litigation restraint order
I, [name], a person subject to a general litigation restraint order [identify the relevant order], apply under section 54 of the Vexatious Proceedings Act 2014 for leave to commence a proceeding.
In accordance with section 55 of that Act, I contend that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs].
leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties];
This application is accompanied by an affidavit disclosing the details required under section 56 of the Vexatious Proceedings Act 2014 as follows—
(b) details of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
(d) an explanation as to how the application for leave to proceed is materially different to each application referred to in paragraph (a), (b) or (c) (if any);
(e) all other facts material to the application, whether in support of or adverse to the application, which are known to the applicant.
*(c) for the applicant by [name or firm of solicitor], solicitor, of [business address of solicitor] as agent for [name or firm of principal solicitor], solicitor, of [business address of principal].
Form 12F—Notice of application for leave to proceed
Rule 12.05
[heading as used in application for leave to proceed]
Notice of application for leave to proceed
(Section 60 of the Vexatious Proceedings Act 2014)
TO:
(a) the Attorney-General;
(b) [name of person to be given notice of the application in accordance with the Court's direction, and if more than one, list separately].
TAKE NOTICE that [name] of [address], a person subject to a litigation restraint order, has made an application to the Court for leave to proceed as follows: [describe the relief sought in the application].
Under section 60(2) of the Vexatious Proceedings Act 2014, the Court has directed that notice of the application for leave to proceed be given to you.
This notice is accompanied by a copy of the application for leave to proceed and by a copy of every order made or direction given by the Court in the application to which this notice relates.
You are entitled to make submissions in relation to the application.
Any Questions?
If you have any questions, please contact the Registrar of the County Court at [insert address], Tel: [insert telephone number]
Hours: 9:30 am to 4:00 pm each business day.
Schedule 1—Revoked Statutory Rules
Rule 1.15
| S.R. No | Title |
| 183/2009 | County Court Criminal Procedure Rules 2009 |
| 31/2012 | County Court (Chapter III Amendment No. 1) Rules 2012 |
| 110/2013 | County Court (Chapter III Amendment No. 2) Rules 2013 |
| 14/2014 | County Court (Chapter III Amendment No. 3) Rules 2014 |
| 178/2014 | County Court (Chapter III Amendment No. 4) Rules 2014 |
| 130/2015 | County Court (Chapter III Amendment No. 5) Rules 2015 |
| 24/2018 | County Court (Chapter III Sex Offenders Registration Amendment) Rules 2018 |
| 134/2018 | County Court (Chapter III Amendment No. 6) Rules 2018 |
| 7/2019 | County Court (Chapter III Serious Offenders Amendment) Rules 2019 |
Dated: 3 December 2019
| P. B. KIDD, Chief Judge | P. G. LACAVA |
| S. M. COHEN | F. R. GUCCIARDO |
| F. E. HOGAN | F. SACCARDO |
| E. M. GAYNOR | M. GAMBLE |
| P. J. COISH | G. P. MULLALY |
| W. A. WILMOTH | J. L. PARRISH |
| F. MILLANE | M. H. TINNEY |
| S. S. DAVIS | G. T. CANNON |
| F. P. HAMPEL | J. F. CARMODY |
| J. G. MORRISH | R. H. SMITH |
| S. E. PULLEN | M. F. MACNAMARA |
| M. D. MURPHY | C. J. RYAN |
| P. M. E. WISCHUSEN | G. F. MEREDITH |
| C. M. QUIN | T. WRAIGHT |
| A. J. CHAMBERS | P. R. RIDDELL |
| C. R. GWYNN | M. C. FOX |
| D. A. TRAPNELL | A. S. PILLAY |
| M. O'CONNELL | R. CARLIN |
| A. RYAN | K. J. DOYLE |
| P. J. F. HIGHAM | A. L. HASSAN |
═════════════
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 County Court Criminal Procedure Rules 2019, S.R. No. 126/2019 were made on 3 December 2019 by a majority of the Judges of the County Court under the Criminal Procedure Act 2009, No. 7/2009, section 78 of the County Court Act 1958, No. 6230/1958, the Children, Youth and Families Act 2005, No. 96/2005 and all other enabling powers and came into operation on 16 December 2019: rule 1.04.
The County Court Criminal Procedure Rules 2019 will sunset 10 years after the day of making on 3 December 2029 (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).