County Court (Chapter III Amendment No. 1) Rules 2012
S.R. No. 31/2012
table of provisions
RulePage
RulePage
1Objects
2Authorising provisions
3Commencement
4Principal Rules
5Appeals by DPP against sentence or failure to fulfil undertaking
6Enforcement of fine against a natural person
7New Order 8 inserted
Order 8
Sentencing Act 1991 RuleS
8.01Application to deal with community correction order under section 48M of Sentencing Act 1991
8Form 3C amended
9Form 5A amended
10Form 5B substituted
Form 5B—Fine Conversion Order under Sentencing Act 1991
Form 5BA—Fine Default Unpaid Community Work Order
under Sentencing Act1991
11New Form 8A inserted
Form 8A—Application under Section 48N(1) of the Sentencing Act1991
12Spent amending provisions revoked
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ENDNOTES
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S.R. No. 31/2012
County Court (Chapter III Amendment No. 1) Rules 2012
statutory rules 2012
S.R. No. 31/2012
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S.R. No. 31/2012
County Court (Chapter III Amendment No. 1) Rules 2012
Criminal Procedure Act 2009
County Court Act 1958
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S.R. No. 31/2012
County Court (Chapter III Amendment No. 1) Rules 2012
County Court (Chapter III Amendment No. 1) Rules 2012
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S.R. No. 31/2012
County Court (Chapter III Amendment No. 1) Rules 2012
A majority of the Judges of the County Court makes the following Rules:
1Objects
The objects of these Rules are to amend ChapterIII of the Rules of the County Court—
(a)as a consequence of the commencement of provisions of the Sentencing Amendment (Community Correction Reform) Act 2011; and
(b)tomake statute law revision and other minor amendments to,and revoke spent amending provisions from, those Rules.
2Authorising provisions
These Rules are made under section 419 of the Criminal Procedure Act 2009, section 78 of the County Court Act 1958 and all other enabling powers.
3Commencement
These Rules come into operation on14 May2012.
4Principal Rules
In these Rules, the County Court Criminal Procedure Rules 2009[1] are called the Principal Rules.
5Appeals by DPP against sentence or failure to fulfil undertaking
r. 5
For Rule 3.03(1) of the Principal Rules substitute—
"(1)A notice of appeal referred to in section 258 of the Act in respect of an appeal by the DPPunder section257 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.
Note
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 DPPunder section260 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.".
6Enforcement of fine against a natural person
For Rule 5.06(1) of the Principal Rules substitute—
"(1)An order under section 55(1)(d) of the Sentencing Act 1991 must be in Form 5B.
(1A) An order under section 62(10)(a) or 62A(1) of the Sentencing Act 1991 must be in Form5BA.".
7New Order 8 inserted
r. 7
After Order 7 of the Principal Rules insert—
"Order 8
Sentencing Act 1991 RuleS
8.01Application to deal with community correction order under section 48M of Sentencing Act 1991
An application under section 48N(1) of the Sentencing Act 1991 to deal with a community correction order under section48M of that Act may be in Form8A.
______".
8Form 3C amended
In Form 3C of the Principal Rules, for "section258" substitute "section 257".
9Form5Aamended
In Form 5A of the Principal Rules—
(a)for "*COMMUNITY-BASED ORDER IN LIEU OF FINE" substitute "*FINE CONVERSION ORDER";
(b)for "received" substitute "receive".
10Form 5B substituted
r. 10
For Form 5B of the Principal Rules substitute—
"RULE 5.06(1)
Form 5B
IN THE COUNTY COURT CASE No.:
OF VICTORIA
AT
IN THE MATTER OF:
Fine Conversion Order
under Sentencing Act 1991
To: [name]Date of Birth:
Of: [address]
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 ......
UNPAID AMOUNTS
Fine / Statutory Cost /Costs / Hours ofwork 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 8hours unpaid community work is required to be performed.
This order commences on [date].
You must attend at [place, address, phone number] within 2 clear working days with a copy of this order. Being on or before the [date].
The conditions of this order are that you must—
*report to the above Community Corrections Centre within 2 clear working days of the order starting;
*report to, and receive visits from, a Community Corrections Officer;
*notify an officer at the above Community Corrections Centre of any change of your address or employment within 2 clear working days after the change;
*not leave Victoria without first obtaining permission to do so from an officer at the above Community Corrections Centre;
*obey all directions given to you by Community Corrections Officers;
*perform unpaid community work as directed by the Regional Manager of the Office of Corrections for the period determined by the Court.
This order was made on [date] at [place].
[Signature of Offender][Signature of Judge/Registrar]
______
RULE 5.06(1A)
Form 5BA
r. 10
IN THE COUNTY COURT CASE No.:
OF VICTORIA
AT
IN THE MATTER OF:
Fine Default Unpaid Community Work Order
under Sentencing Act1991
To: [name]Date of Birth:
Of: [address]
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......
UNPAID AMOUNTS
Fine / Statutory Cost /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 8 hours unpaid community work is required to be performed.
This order commences on [date].
You must attend at [place, address, phone number] within 2 clear working days with a copy of this order. Being on or before the [date].
The conditions of this order are that you must—
*report to the above Community Corrections Centre within 2 clear working days of the order starting;
*report to, and receive visits from, a Community Corrections Officer;
*notify an officer at the above Community Corrections Centre of any change of your address or employment within 2 clear working days after the change;
*not leave Victoria without first obtaining permission to do so from an officer at the above Community Corrections Centre;
*obey all directions given to you by Community Corrections Officers;
*perform unpaid community work as directed by the Regional Manager of the Office of Corrections for the period determined by the Court.
This order was made on [date] at [place].
[Signature of Offender][Signature of Judge/Registrar]
______".
11New Form 8A inserted
r. 11
After Form 7B of the Principal Rules insert—
"RULE 8.01
Form 8A
Application Under section 48N(1) of theSentencing Act1991
CASE No.:
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.
–––––––––––––––––
Signature of Applicant
Dated: Day Month Year".
12Spent amending provisions revoked
r. 12
(1)Rule 1.14 of the Principal Rules is revoked.
(2)Schedule 1 to the Principal Rules is revoked.
Dated:9 May 2012
M. ROZENES, Chief Judge / M. E. KENNEDYM. A. RIZKALLA / C. M. O'NEILL
M. B. HARBISON / K. L. BOURKE
C. D. DOUGLAS / J. M. J. PATRICK
T. D. WOOD / P. G. LACAVA
G. R. ANDERSON / P. M. TAFT
D. L. ALLEN / F. SACCARDO
P. G. MISSO / M. A. GAMBLE
M. E. SEXTON / H. MASON
P. J. COISH / T. J. GINNANE
K. R. HOWIE / J. D. MONTGOMERY
R. F. PUNSHON / J. L. PARRISH
W. A. WILMOTH / M. H. TINNEY
G. T. CHETTLE / G. T. CANNON
S. S. DAVIS / M. E. DEAN
D. A. PARSONS / J. F. CARMODY
S. E. PULLEN / R. J. H. MAIDMENT
A. J. HOWARD / R. H. SMITH
L. A. HANNAN / M. F. MACNAMARA
M. D. MURPHY
r. 12
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S.R. No. 31/2012
County Court (Chapter III Amendment No. 1) Rules 2012
ENDNOTES
Endnotes
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[1] Rule 4: S.R. No. 183/2009.