The Law Handbook 2024

Chapter 1.2: An introduction to the courts 15 • Federal Jurisdiction; • Industrial Division; • Assessment and Referral Court List; and • Neighbourhood Justice Centre. Not all Magistrates’ Courts have specialist divisions; ask Magistrates’ Court staff about access to the divisions for your case. The Federal Jurisdiction deals with proceedings between residents of different states that cannot be heard in the Victorian Civil and Administrative Tribunal ( VCAT ). An example is where a landlord resides outside Victoria. The Federal Jurisdiction also deals with civil cases where the Commonwealth is suing or being sued in the Victorian summary jurisdiction. The Victims of Crime Assistance Tribunal ( VOCAT ) also operates within the Magistrates’ Court (for further information about VOCAT, see Chapter 10.6: Assistance for victims of crime). The purpose of the specialist courts and divisions is to improve the outcomes for people presenting at the court by taking a more individualised and service- focused approach to people with particular special needs, which provides a more realistic method of justice for these people. In criminal matters, these specialist courts provide more effective access to rehabilitation for offenders. Access to the specialist courts and divisions is controlled by eligibility criteria related to what each division deals with (e.g. only matters relating to family violence can be heard in the Family Violence Division, and only people identifying as being Koori can have their matter heard in the Koori Court). Other eligibility criteria for the specialist courts and divisions relate to the seriousness of the offending. Magistrates’ Court: Criminal matters Even though some matters (e.g. traffic offences, breaches of the Domestic Animals Act 1994 (Vic) and disputes over parking fines) are not generally considered to be criminal matters, they are often heard alongside matters that are criminal in nature. They are treated as criminal matters, so the onus of proof generally rests with the prosecution, and the criminal standard of proof must be satisfied. Increasingly, minor matters are being dealt with by an enforcement agency imposing fines; you only go to court if you choose to. Failing to pay a fine (e.g. a parking fine) might bring you into contact with Fines Victoria (the organisation responsible for enforcing fines). However, disputes about the imposition or enforcement of fines by Fines Victoria can be taken to the Magistrates’ Court. For information on how to get these matters heard in a Magistrates’ Court, see Chapter 3.1: Fines and infringements, and ‘1 Infringement notices’ in Chapter 6.8: Driving offences). At the same time, more serious crimes can now be dealt with by the Magistrates’ Court, making it more significant within our justice system than previously. The Magistrates’ Court has the jurisdiction to handle all ‘summary’ (i.e. less serious) criminal offences and many ‘indictable’ (i.e. serious) criminal offences. Typical summary matters include being drunk and disorderly, behaving offensively, damaging property wilfully, resisting police, and loitering. Section 28(1) of the Criminal Procedure Act 2009 (Vic) (‘ CP Act ’) states that any offence for which the maximum prison term is 10 years or less, and the maximum fine set is 1200 penalty units ( pu ) (see ‘A note about penalty units’ at the start of this book) or less, can be heard in the Magistrates’ Court. Schedule 2 also sets out offences that have higher maximum penalties than these, but which can still be dealt with in the Magistrates’ Court. Some of the serious offences that may be heard in the Magistrates’ Court (with reference to relevant sections of the Crimes Act 1958 (Vic)) are: • recklessly causing serious injury (s 17); • theft, robbery or burglary where the value of the stolen property does not exceed $100000 (ss 74–76); • obtaining property by deception, or obtaining financial advantage by deception or false accounting, where the amount involved does not exceed $100000 (ss 81–83); • intentionally or recklessly causing injury (s 18); • threats to kill or inflict serious injury (ss 20, 21); • assaults (s 31); • sexual assault (s 40); • various other sexual offences, excluding rape (ss 41, 42, 43, 44, 45, 46, 47, 48, 49C–49I, 49K– 49R, 50E, 50F, 51B–51I, 52B–52E); • extortion with the threat to kill (s 27). However, even if an indictable offence can be heard in theMagistrates’ Court, the defendant or the prosecutor may demand that it be heard in the County Court. The prosecution usually requests a case to be heard in the County Court if the limited penalties available to a magistrate do not reflect the seriousness of the alleged offence.