4OJurisdiction of Neighbourhood Justice Division

4O Jurisdiction of Neighbourhood Justice Division ***close connection*** means connection involving regular congregation for the purpose of social or community support; ***municipal district*** means a municipal district specified under section 4N(b). (2) The Neighbourhood Justice Division has the jurisdiction referred to in this section if— S. 4O(2)(a) amended by No. 68/2009 s. 97(Sch. item 82.14). (a) in the case of a criminal proceeding, the accused— (i) resides in the municipal district; or (ii) is a homeless person who is alleged to have committed the offence in the municipal district; or (iii) is a homeless person who is alleged to have committed the offence outside the municipal district but who is living in the municipal district in accommodation of the kind referred to in paragraph (a) of the definition of ***homeless person*** in section 3(1); or (iv) is an Aborigine with a close connection to the municipal district and is alleged to have committed the offence in that district; S. 4O(2)(ab) inserted by No. 68/2008 s. 80(1), amended by No. 53/2010 s. 221(Sch. item 7.3(a)). (ab) in the case of a proceeding under the **Personal Safety Intervention Orders Act** **2010**— (i) at least one of the parties resides in the municipal district; or (ii) at least one of the parties is— (A) a homeless person; or (B) an Aborigine with a close connection to the municipal district— and the Court considers that it is appropriate to deal with the matter in the Neighbourhood Justice Division; or S. 4O(2) (ab)(iii) amended by No. 53/2010 s. 221(Sch. item 7.3(b)). (iii) the whole or a material part of the alleged stalking or prohibited behaviour occurred in the municipal district; S. 4O(2)(b) amended by Nos 52/2008 s. 254(1), 53/2016 s. 108(1). (b) in the case of a civil proceeding or a proceeding under the **Family Violence Protection Act 2008** or the **National Domestic Violence Order Scheme Act 2016**— (i) at least one of the parties resides in the municipal district; or (ii) at least one of the parties is— (A) a homeless person; or (B) an Aborigine with a close connection to the municipal district— and the Court considers that it is appropriate to deal with the matter in the Neighbourhood Justice Division; or (iii) the whole or a material part of the cause of action or claim arose in the municipal district; or (iv) the whole or a material part of the allegations of family violence occurred in the municipal district. (3) Subject to subsection (4), the Neighbourhood Justice Division has— (a) the jurisdiction of the Court given by section 25; and (b) the jurisdiction given to the Court with respect to a criminal proceeding by or under any other Act; and S. 4O(3)(c) amended by No. 68/2009 s. 97(Sch. item 82.15). (c) jurisdiction to deal with a breach of a sentence imposed by it (including any offence constituted by such a breach) or variation of such a sentence; and (d) the civil jurisdiction of the Court in respect of a cause of action or claim, or a class of cause of action or claim, or a proceeding, or a class of proceeding, specified in the rules; and S. 4O(3)(da) inserted by No. 68/2008 s. 80(3), amended by No. 53/2010 s. 221(Sch. item 7.4). (da) the jurisdiction of the Court given by the **Personal Safety Intervention Orders Act** **2010**; and S. 4O(3)(e) amended by Nos 52/2008 s. 254(2), 42/2014 s. 106(a). (e) the jurisdiction of the Court given by the **Family Violence Protection Act 2008**; and S. 4O(3)(ea) inserted by No. 53/2016 s. 108(2). (ea) the jurisdiction of the Court given by Division 4 of Part 7 of the **National Domestic Violence Order Scheme Act 2016**; and S. 4O(3)(f) inserted by No. 42/2014 s. 106(b). (f) the jurisdiction of the Court given by the **Vexatious Proceedings Act 2014** in relation to intervention order legislation within the meaning of that Act. (4) The Neighbourhood Justice Division does not have jurisdiction to deal with— (a) a committal proceeding into an indictable offence; or (b) a proceeding for a sexual offence as defined in section 6B(1) of the **Sentencing Act 1991**. S. 4P inserted by No. 51/2006 s. 4.