4GSentencing procedure in Koori Court Division 31

4G Sentencing procedure in Koori Court Division 31 4IA Establishment of Specialist Family Violence Court Division 33 4IB Jurisdiction of Specialist Family Violence Court Division 34 4J Adjournment to seek legal advice 36 4K Alternative arrangements for giving evidence 37 4L Restriction on children being called as witnesses or present in court 39 4M Establishment of Neighbourhood Justice Division 40 4N Places where Neighbourhood Justice Division may sit and act 41 4O Jurisdiction of Neighbourhood Justice Division 42 4P Transfer of proceedings 45 4Q Sentencing procedure in Neighbourhood Justice Division 45 4R Sexual Offences List 47 4S Assessment and Referral Court List 47 4T Eligibility criteria 50 4U Specific powers of the Assessment and Referral Court List 51 4V Adjournment of proceeding in Assessment and Referral Court List 52 4W Other adjournment powers not limited 53 4X Transfer of proceedings to and from Assessment and Referral Court List 53 4Y Completion of, and participation in, individual support plan 54 5 Where and when Court to be held 55 5A Mention courts 55 6 Magistrate to be in attendance 56 7 Appointment of magistrates 56 7A Entry into part-time service arrangement 59 7B Variation of part-time service arrangement 60 7C Suspension of part-time service arrangement 61 7D Termination of part-time service arrangement 61 8 Appointment of Acting Chief Magistrate 61 9A Appointment of reserve magistrates 63 9B Cessation of office 64 9C Chief Magistrate may engage reserve magistrate to undertake duties of a magistrate 64 9D Pension rights and service of Chief Magistrate not affected by being a reserve magistrate 65 9E Powers, jurisdiction, immunities and protection of reserve magistrate 65 9EA Power to complete matters—magistrates and reserve magistrates 65 9F Engaging in legal practice or other paid employment 68 10 Salaries, superannuation contributions, allowances and other conditions of service 68 10A Pension of Chief Magistrate 70 12 Vacation of office 75 12A Administrative responsibility of Chief Magistrate 75 13 Assignment of duties 76 13A Delegation by the Chief Magistrate 76 13B Professional development and training 76 14 Protection of magistrates 77 15 Council of magistrates 77 16 Rules of Court 78 16A Practice notes 88 16AB Constitution of Court if magistrate unable to continue and constitution of Court in certain circumstances 88 Part 2A—Judicial registrars 90 16B Guidelines relating to the appointment of judicial registrars 90 16C Appointment of judicial registrars 90 16D Terms and conditions of appointment 92 16DB Oath or affirmation of office 93 16E Resignation from office 94 16I Rules of Court 94 16J Performance of duties by judicial registrar 95 16K Appeal from or review of determination of Court constituted by judicial registrar 96 Part 3—Officers of the Court 98 17 Employment of principal registrar, registrars and deputy registrars 98 17A Appointment of Aboriginal elders or respected persons 99 18 Register 99 19 Offence to publish certain information concerning proceedings 100 19A Recording of proceedings 100 20 Process 100 21 Powers of registrar 101 22 Fees 103 23 Extortion by and impersonation of court officials 103 24 Protection of registrars 104 Part 4—Warrants and criminal proceedings 105 Division 1—Jurisdiction 105 25 Extent of jurisdiction 105 Division 2—Procedure 109 29 Magistrate may exercise registrar's powers 109 43 Witness summonses 112 44 Production before date for attendance 114 45 Attendance of witnesses on adjournment 115 50 Power to amend where there is a defect or error 117 Division 3—Warrants 119 Subdivision 1—General 119 57 Warrants 119 57A Warrants to arrest issued under Evidence Act 2008 121 58 Recall and cancellation of warrant 122 59 Duplicate warrants 123 60 Effect of defect or error in certain warrants 124 Subdivision 2—Warrant to arrest 125 61 Issue of warrant to arrest 125 62 Endorsing a warrant for bail 126 63 Persons to whom warrant to arrest may be directed 127 64 Authority conferred by warrant to arrest 128 65 Arrest of person against whom warrant to arrest is issued 129 Subdivision 3—Warrant to imprison 131 68 Issue of warrant to imprison 131 69 Persons to whom warrant to imprison may be directed 132 70 Directions in, and authority of, warrant to imprison 134 71 Reduction of imprisonment by payment of portion of fine 135 72 Provisions extend to detention in youth justice centre 137 Subdivision 4—Warrant to seize property 137 73 Warrant to seize property 137 74 Authority conferred by warrant to seize property 139 Subdivision 5—Search warrants 140 75 Search warrants 140 76 Persons to whom search warrant may be directed 140 77 Endorsing a warrant for bail 141 78 Authority conferred by search warrant 141 Subdivision 6—Remand warrants 143 79 Remand warrants 143 80 Persons to whom remand warrant may be directed 144 81 Directions in, and authority of, remand warrant 145 82 Remand of more than 8 clear days 146 Subdivision 8—Special powers of the sheriff in executing warrants 147 82I Power to assist police at road checks 148 Division 6—Enforcement 149 Subdivision 1—Ordinary enforcement provisions 149 97 Imprisonment in default of payment of fine 149 98 Enforcement of fines against corporations 150 Subdivision 2—Procedure for enforcement of infringement penalties under the Fines Reform Act 2014 154 99 Infringement offence enforcement procedure under the Fines Reform Act 2014 154 99A Certain agencies may give information for enforcement purposes 154 Part 5—Civil proceedings 156 Division 1—Jurisdiction 156 100 Extent of jurisdiction 156 101 Proceedings beyond jurisdiction 159 Division 1A—Administration of children's funds 159 101A Court orders relating to administration of children's funds 159 Division 1B—Transfer and payment of money to the Supreme Court for person under disability 161 101B Money held in court for person under disability 161 Division 2—Arbitration 162 102 Arbitration for small claims 162 103 Conduct of arbitration 164 104 Award 165 105 Costs 165 106 Commercial Arbitration Act not to apply 166 106A Interaction with Civil Procedure Act 2010 166 Division 3—Pre-hearing conferences 166 107 Pre-hearing conferences 166 107A Interaction with Civil Procedure Act 2010 167 Division 3A—Mediation 167 108 Power to refer proceedings to mediation 167 108A Protection of mediators 167 Division 4—Appeals and re-hearings 168 109 Appeal to Supreme Court from final order made in civil proceeding 168 110 Re-hearing 169 110A Appeals from Court constituted by Chief Magistrate who is a dual commission holder 170 Division 5—Enforcement 170 111 Enforcement of orders 170 112 Certificate for Supreme Court 174 113 Application of Imprisonment of Fraudulent Debtors Act 175 114 Enforcement by executors and administrators 175 Part 7—Miscellaneous 178 125 Business to be conducted in open court 178 125A Court may determine matter or proceeding without oral hearing 178 126A Power to bind over to keep the peace 179 127 Witness order 180 128 Power to adjourn proceeding 181 131 Costs to be in the discretion of the Court 183 131A Costs may be determined by Costs Court 184 132 Costs liability of legal practitioner 184 133 Contempt in face of the Court 186 134 Contempt of court 187 135 Enforcement of orders not for the payment of money 190 136 Directions 191 136A Court may issue or transmit court documents electronically 191 137 Forfeitures may be sold 192 138 Investment of trust money 193 139 Manner of service where none is prescribed 193 139A Supreme Court—limitation of jurisdiction 194 140 Regulations 195 141 Definitions 202 142 Rights, duties and liabilities declared in certain cases 202 143 Effect of declared rights, duties and liabilities 203 144 Protection of affected persons 203 Part 8—Savings and transitionals 205 150 Savings and transitionals 205 Schedules 207