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