4EJurisdiction of Koori Court Division

4E Jurisdiction of Koori Court Division The Koori Court Division has— (a) the jurisdiction to deal with a proceeding for an offence given to it by section 4F; and S. 4E(b) amended by Nos 68/2009 s. 97(Sch. item 82.5), 26/2012 s. 22(1). (b) jurisdiction to deal with a contravention of a sentence imposed by it (including any offence constituted by such a contravention) or variation of such a sentence, in the circumstances set out in section 4EA; and S. 4E(ba) inserted by No. 26/2012 s. 22(2). (ba) jurisdiction to deal with a contravention of a sentence imposed by the Magistrates' Court (including any offence constituted by such a contravention), or variation of such a sentence, in the circumstances set out in section 4EA; and (c) any other jurisdiction given to it by or under this or any other Act. S. 4EA inserted by No. 26/2012 s. 23. 4EA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by another Division of the Magistrates' Court For the purposes of sections 4E(b) and (ba), the circumstances are— (a) the accused is Aboriginal; and (b) the offence to which the sentence relates is within the jurisdiction of the Magistrates' Court, other than— S. 4EA(b)(i) amended by No. 19/2017 s. 50(1). (i) a sexual offence as defined in section 6B(1) of the **Sentencing Act 1991**; and S. 4EA (b)(ii)(iii) repealed by No. 19/2017 s. 50(2). (c) in the case of an offence constituted by a contravention of a sentence referred to in section 4E(b) or (ba), the accused— (i) intends to plead guilty to the offence; or (ii) pleads guilty to the offence; or (iii) intends to consent to the adjournment, under section 59 of the **Criminal Procedure Act 2009**, of the proceeding to enable the accused to participate in a diversion program; and (d) the accused consents to the proceeding being dealt with by the Koori Court Division. S. 4F inserted by No. 27/2002 s. 6. 4F Circumstances in which Koori Court Division may deal with certain offences S. 4F(1) amended by Nos 68/2009 s. 97(Sch. item 82.6(a)), 26/2012 s. 24. (1) The Koori Court Division only has jurisdiction to deal with a proceeding for an offence (other than an offence constituted by a contravention of a sentence imposed by it) if— S. 4F(1)(a) amended by No. 68/2009 s. 97(Sch. item 82.6(b)). (a) the accused is Aboriginal; and (b) the offence is within the jurisdiction of the Magistrates' Court, other than— S. 4F(1)(b)(i) amended by No. 19/2017 s. 51(1). (i) a sexual offence as defined in section 6B(1) of the **Sentencing Act 1991**; and S. 4F(1)(b)(ii) substituted by No. 52/2008 s. 252, amended by No. 68/2008 s. 79(a), repealed by No. 19/2017 s. 51(2). S. 4F(1)(b)(iii) inserted by No. 69/2008 s. 79(b), amended by No. 53/2010 s. 221(Sch. item 7.2), repealed by No. 19/2017 s. 51(2). S. 4F(1)(c) amended by No. 68/2009 s. 97(Sch. item 82.6(b)). (c) the accused— (i) intends to plead guilty to the offence; or (ii) pleads guilty to the offence; or S. 4F(1)(c)(iii) amended by No. 7/2009 s. 427(1)(b) (as amended by No. 68/2009 s. 54(m)). (iii) intends to consent to the adjournment, under section 59 of the **Criminal Procedure Act 2009**, of the proceeding to enable him or her to participate in a diversion program; and S. 4F(1)(d) amended by No. 68/2009 s. 97(Sch. item 82.6(b)). (d) the accused consents to the proceeding being dealt with by the Koori Court Division. (2) Subject to and in accordance with the rules— (a) a proceeding may be transferred to the Koori Court Division, whether sitting at the same or a different venue; and (b) the Koori Court Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the Court, sitting other than as the Koori Court Division, at the same or a different venue. (3) Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act. S. 4FA inserted by No. 19/2017 s. 52. 4FA Certain matters may be dealt with by Koori Court Division only in certain venues (1) The Chief Magistrate may, by notice in the Government Gazette, specify a venue of the court as a venue at which the Koori Court Division may exercise— (a) the jurisdiction conferred on the Koori Court Division by section 4E(a) in relation to— (i) a contravention of a family violence intervention order or an offence arising out of the same conduct as that from which the contravention arose; or (ii) a contravention of a personal safety intervention order under the **Personal Safety Intervention Orders Act 2010** or an offence arising out of the same conduct as that out of which the contravention arose; and (b) the jurisdiction conferred on the Koori Court Division by section 4E(b) and (ba) in relation to the contravention or variation of a sentence imposed in relation to a matter referred to in paragraph (a)(i) or (ii); and (c) the jurisdiction conferred on the Koori Court Division by section 4E(b) and (ba) in relation to an offence constituted by a contravention of a sentence referred to in paragraph (b). (2) The Koori Court Division must not exercise the jurisdiction referred to in subsection (1) except when sitting at a venue specified under that subsection. S. 4G inserted by No. 27/2002 s. 6. 4G Sentencing procedure in Koori Court Division S. 4G(1) amended by No. 68/2009 s. 97(Sch. item 82.7). (1) This section applies to the Koori Court Division when it is considering which sentence to impose on an accused. (2) The Koori Court Division may consider any oral statement made to it by an Aboriginal elder or respected person. (3) The Koori Court Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by— (a) a Koori Court officer employed as an Aboriginal justice worker; or (b) a community corrections officer appointed under Part 4 of the **Corrections Act 1986**; or (c) a health service provider; or (d) a victim of the offence; or S. 4G(3)(e) amended by No. 68/2009 s. 97(Sch. item 82.8). (e) a family member of the accused; or (f) anyone else whom the Koori Court Division considers appropriate. (4) Nothing in this section affects the requirement to observe the rules of natural justice. (5) This section does not limit— (b) any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in determining sentence. S. 4G(6) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 34.1). (6) To avoid doubt, Part 3.10 of the **Evidence Act 2008** does not apply to the Koori Court Division in considering the sentence to impose under this section, unless the Koori Court Division directs, in accordance with section 4(2) of the **Evidence Act 2008**, that it applies. S. 4H inserted by No. 77/2004 s. 4, amended by Nos 19/2005 s. 4(5), 53/2016 s. 104, 33/2018 ss 42, 43, repealed by No. 33/2018 s. 44(1). S. 4I inserted by No. 77/2004 s. 4, amended by Nos 52/2008 s. 253(1)(2), 68/2009 s. 97(Sch. item 82.9), 42/2014 s. 105, 53/2016 s. 105, repealed by No. 33/2018 s. 44(1). S. 4IA inserted by No. 33/2018 s. 36. 4IA Establishment of Specialist Family Violence Court Division (1) The Court has a Specialist Family Violence Court Division. (2) The Specialist Family Violence Court Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction. (3) Despite section 4(3), the Specialist Family Violence Court Division may only be constituted by a magistrate who has been assigned to that Division by the Chief Magistrate by notice published in the Government Gazette. (4) Nothing in subsection (3) prevents the Specialist Family Violence Court Division being constituted by a judicial registrar in accordance with section 4(3AA). (5) Nothing in subsection (3) prevents the Specialist Family Violence Court Division being constituted by a registrar for the determination of an application under Division 4 of Part 7 of the **National Domestic Violence Order Scheme Act 2016**. (6) In assigning a magistrate, the Chief Magistrate must have regard to the magistrate's relevant knowledge and experience in dealing with matters relating to family violence. (7) Despite anything to the contrary in this Act, the Specialist Family Violence Court Division may sit and act only at a venue of the Court specified by the Minister by notice published in the Government Gazette. (8) The Minister must consult the Chief Magistrate before publishing a notice under subsection (7). (9) Subject to this Act, the regulations and rules, the Specialist Family Violence Court Division may regulate its own procedure. S. 4IB inserted by No. 33/2018 s. 36. 4IB Jurisdiction of Specialist Family Violence Court Division (1) The Specialist Family Violence Court Division has jurisdiction to deal with any of the following matters if the matter is within the jurisdiction of the Magistrates' Court and arises from or includes allegations of family violence by a person— (a) proceedings for or with respect to the following orders under the **Family Violence Protection Act 2008**— (i) a family violence intervention order under that Act; or (ii) a counselling order or an order under section 137 of that Act; (b) proceedings under the **Vexatious** **Proceedings Act 2014** in relation to intervention order legislation within the meaning of that Act; (c) a proceeding for a declaration under Division 4 of Part 7 of the **National Domestic Violence Order Scheme Act 2016**; (d) civil proceedings for or with respect to damages for personal injury; (e) matters arising under— (i) the Family Law Act 1975 of the Commonwealth; or (ii) the Child Support (Assessment) Act 1989 of the Commonwealth; (f) proceedings for or with respect to the trial of a person for a summary offence or an indictable offence that may be heard and determined summarily; (g) proceedings for or with respect to the committal for trial of a person for an indictable offence; (h) proceedings for an order under Division 1 or 2 of Part 4 of the **Sentencing Act 1991** that arise from an offence referred to in paragraph (f).