1329 - Structure of court system

Document Sample
1329 - Structure of court system Powered By Docstoc
					Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual



The structure of the court system
Date of Advice:                    23 April 2007

Advice no:                         1329


This Advice is current only if the date of Advice in this document matches the date of Advice in
the online version. Check the date of Advice online before relying on this printed copy.


This Advice is endorsed by: Director, Child Protection and Family Services Branch.



Introduction and purpose
This Advice provides information for Child Protection practitioners and mangers about the
systems of law in Australia, the federal and state court hierarchy and a brief outline of their
jurisdictional powers. It also briefly discusses the specialised courts and tribunals operating in
Victoria and their jurisdictional powers.



(1) Legislation
           Note:
           Use the Legislation link on toolbar to access full text versions of the legislation.
           Any sections of an Act noted in this Advice are partial references only and should
           not be relied on. Practitioners should refer to the Act for full details.

•      For this Advice, there is no specific reference to legislation.



(2) Standards and procedures
Systems of law in Australia
In Australia two basic types of law exist, statute law and common law.
Statute law
Statute law (also called legislation) is made by the Commonwealth Parliament or by the
Parliament of a state or territory.
Common law
Common law is law from the customs of a community and is developed by the decisions of
judges in particular cases.
Relationship between statute law and common law
Since the nineteenth century, governments have greatly expanded their use of legislation in
order to be able to address problems quickly, or to change the common law, or to create new
areas of regulation. There are now very few areas of law that are untouched by statute law.
The way that a statute affects the common law depends on the intention of parliament in
enacting that statute. Statute law will override and replace the common law, if that is the
intention of parliament. The power of Parliament to make law is limited only by the
Constitution that sets out the powers and limitations of the parliament.



                                                      Page 1 of 13
Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual

It is not always parliament’s intention to override the common law. In many cases, it is
intended that statute law and common law will co-exist, with the statute law filling in a gap in
the common law or modifying the common law in some way, but leaving the majority of the
government subject matter to be governed by the common law. In other cases, parliament
intends to completely replace the common law on a subject matter with a statutory scheme.
When parliament wants to create a new set of laws in an area where there is no common law
(for example, to impose taxes), legislation is necessary, because there is no common law
requirement to pay taxes to the government.
Although parliament can override common law by passing legislation, this does not mean that
parliament is dominant over judges and the courts.
Reference: http://www.austlii.edu.au/au/other/liac/hottopic/2002/3/2.html
In Australia, neither the government nor parliament can decide or affect the decision of any
case before any court. Judges can therefore act impartially and make their own determination
about each matter. This is called judicial independence.
The Australasian Legal Information Institute website explains some further features of the
court and legal system operating in Australia as outlined below.

Adversarial system
In practice an adversarial approach to resolving legal disputes means that each party to the
proceedings presents his or her case to the court (generally via a legal advocate), and the
court then makes a determination of the matter, by considering the evidence presented, the
legal submissions made and applying the relevant law. The court will only decide what the
parties ask the court to decide, and decides only on the basis of the evidence and information
presented to the court by the parties. The court does not conduct its own investigation, or
construct its own version of events. This system is in contrast to an inquisitorial system where
the court may assume responsibility for determining how the competing claims of the parties
are presented by their legal representatives.

Criminal cases
There is a basic distinction between criminal and civil cases before the courts. Criminal cases
involve a person being prosecuted by the police or the Office of Public Prosecutions on behalf
of the state for an offence against the law. If the court finds the person guilty, it has the power
to punish the offender by imposing a sentence, such as a fine, a community service order or a
bond. The law sets a maximum penalty for the offence, and the judge selects a penalty that is
within the scope of the maximum penalty and that is appropriate to the criminality involved.
There are two types of criminal offences:
•      Summary offences are generally less serious offences that are usually dealt with by a
       magistrate of the local court and are punishable by a fine or imprisonment for up to two
       years
•      Indictable offences are generally more serious offences that are usually dealt with by a
       judge and jury and are punishable by imprisonment for more than two years.
Criminal matters are generally brought to a court by a government prosecuting agency such as
the Office of Public Prosecutions. They can also be commenced by the police, the Attorney
General, local councils and others. In criminal law, anyone charged with a criminal offence is
presumed to be innocent until proven guilty by the prosecution. Guilt must be proven beyond
reasonable doubt.




                                                      Page 2 of 13
Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual

Civil cases
A civil case involves a dispute between people (or between a person and the government)
about the rights or liabilities of the people or organisations involved. A civil case usually
involves one person seeking a remedy of some kind from another person to resolve a dispute
between them. For example, a person who has bought a faulty product may sue the
manufacturer of the product to recover the money paid for the product, or other loss caused
by the faulty product. The manufacturer has not committed a crime, because it is not a
criminal offence to manufacture a faulty product, but the manufacturer’s incompetence has
caused loss to the purchaser of the product. The court’s role is to decide which party is in the
right, and, if the court finds in favour of the plaintiff, to determine what is the appropriate
remedy for the plaintiff’s claim.

Standard of proof
There are different standards of proof for civil and criminal cases. In criminal cases, the
prosecution must prove that the defendant is guilty ‘beyond reasonable doubt’. The onus of
proof in criminal cases lies with the state. Therefore, it is the state that has the burden of
proving beyond reasonable doubt. Criminal cases have a higher standard of proof because of
the severe impact of penalties such as imprisonment.
In civil cases, the plaintiff (the party bringing the matter to court) must prove that the
defendant is liable ‘on the balance on probabilities’. In civil cases, the onus of proof lies with
the plaintiff who must prove his case on balance of probabilities. The plaintiff needs to be able
to demonstrate by a ‘preponderance of evidence’ or ‘weight of evidence’ that all the facts
necessary to win a judgment are probably true.

State and federal courts
The Commonwealth of Australia is a federation of states. The Commonwealth and each state
and territory has its own parliament and can make its own laws. There is a dual system of
courts to match the dual system of government: federal courts exercise jurisdiction arising
under Commonwealth laws (including the Commonwealth Constitution) and state and territory
courts exercise jurisdiction for all other matters. State courts may also in some circumstances
exercise jurisdiction under Commonwealth laws, if Commonwealth and state legislation
provides for this. However, the Commonwealth Constitution prevents federal courts from
exercising jurisdiction under state laws.

Jurisdiction
Within the state and federal court systems there are a number of different courts. Each court
has a particular jurisdiction. Jurisdiction is the scope of a court’s authority to decide matters,
and may be limited by geographical area, type of parties who appear, what kind of remedy can
be given and the point to be decided. A court’s jurisdiction can come from a number of
sources, such as the Constitution, statute and common law.
There are two basic types of jurisdiction: original jurisdiction, and appellate jurisdiction. A
court that has original jurisdiction in a particular matter will be the court where the
proceedings in that matter are first brought. If a court has appellate jurisdiction for that
matter, the court will hear an appeal against the decision of the court that had original
jurisdiction for that matter.

Doctrine of Precedent
The Doctrine of Precedent is the rule that a legal principle that has been established by a
superior court should be followed in other similar cases by that court and other courts. The
doctrine of precedent was developed to promote consistency in decision making by judges, on
the basis that like cases should be determined in a like manner. There are two kinds of
precedent:
•      Binding, which means that the precedent must be followed if the precedent is relevant
       and the circumstances of the cases are sufficiently similar. A precedent is binding on a
       court if made by a superior court that is higher in the hierarchy of courts (for example,
       decisions of the High Court are binding on all courts in Australia, but a decision of the
       Supreme Court is not binding on the High Court).

                                                      Page 3 of 13
Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual

•      Persuasive, which means that the precedent should be seriously considered, but is not
       required to be followed. A precedent is persuasive if it was established by a superior
       court that is not higher in the hierarchy of courts. For example, a precedent established
       by the Supreme Court of New South Wales is persuasive but not binding on the Supreme
       Court of Victoria. Decisions of superior overseas courts, particularly from the United
       Kingdom, are persuasive precedents in Australia.

Open justice
One of the fundamental principles of the common law system is that justice should be
administered in public. This means that court proceedings are usually open to the public and
that generally nothing should be done to discourage the publication of reports of court
proceedings. However, courts have an inherent power to exclude members of the public where
necessary to secure the orderly administration of justice, although that power is rarely used.
Parliament can also legislate to allow or require courts to exclude the members of the public in
certain circumstances, and to limit disclosure about the parties or the proceedings. This is the
case, for example, in the Children’s Court, where the names of people appearing before the
court are not publicly disclosed to protect the identity of minors involved in criminal
proceedings or protection proceedings.
Refer to Advice number 1393, ‘Circumstances for closed court’ – see section (5) for a link.

Natural justice
The common law requires all courts and tribunals to comply with the rules of natural justice
(also called procedural fairness). These are principles developed to ensure that a person
receives a fair hearing. The rules include:
•      Each party should be given an opportunity to present their case.
•      The decision maker should be unbiased and disinterested (that is, should not stand to
       receive any benefit from the outcome of the decision).
•      The decision maker should take into account all relevant considerations, and should not
       take into account any irrelevant considerations.
•      The decision should be based on the evidence presented to the decision maker.
Reference: http://www.austlii.edu.au/au/other/liac/hottopic/2002/3/2.html

Legislation and Victorian courts
Victoria’s body of law reflects community values, balancing the rights of the individual with the
need to protect other members of the community, in the case of child protection, children and
young people. The legislative trends in Victoria are consistent with national and international
legislative trends.
Courts play an important role in regulating social behaviour and ensuring community safety by
punishing those people who come before the criminal justice system accused of committing an
offence. Although parliament decides what the laws will be, it is the courts’ role to decide how
these laws will be applied to particular cases.
The jurisdiction of each federal and Victorian court is described briefly below. For more
information visit the Law Institute of Victoria website.

The Federal Court system
Federal Court of Australia
The Federal Court has both original and appellate jurisdiction. The court hears civil cases
relating to federal matters such as:
•      taxation
•      customs
•      bankruptcy
•      immigration


                                                      Page 4 of 13
Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual

•      copyright
•      environmental law
•      sexual and racial discrimination.
It is quite common to find the Federal Court is given exclusive jurisdiction in these areas.
Appeals:
•      The Full Federal Court (three Federal Court judges) hears appeals from a single judge of
       the Federal Court.
•      Decisions of the Full Federal Court may be appealed to the High Court if the High Court
       gives leave to appeal in the particular case.
The Federal Court is able to hear class actions.
Class actions are actions involving seven or more people who have claims against the one
defendant arising out of similar circumstances. Class actions enable a group of people to
combine their resources to take action against a party that may be larger and possess more
financial resources than any one individual.
Family Court of Australia
The Family Court administers Australia's family laws. In Victoria a Family Court is located in
Melbourne and Dandenong, and circuit sittings are held periodically in major country centres.
The court deals with:
•      divorce, although all applications are filed in the Federal Magistrates' Court
•      division of property and maintenance
•      child-related matters
•      determining parenting orders and plans.
Appeals:
•      The Full Family Court (three Family Court judges) hears appeals from the Family Court.
•      From the Full Family Court a party may appeal to the High Court if given leave to appeal.
Federal Magistrates Service
The Federal Magistrates Court Service deals with a range of less complex federal disputes
previously going to the Federal and Family Courts.
•      The court provides a quicker, cheaper option for litigants and eases the workload of both
       the Federal and Family Court.
•      The court hears less complex areas of law but its jurisdiction is concurrent with the
       Family and Federal Court.
An example of the matters able to be initiated in the Federal Magistrates Court include:
•      applications for the dissolution of marriage
•      family law property matters less that $300,000
•      spousal maintenance
•      parenting orders where the parties consent to the matter being heard in the Federal
       Magistrates' Court.




                                                      Page 5 of 13
Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual

The Federal Magistrates service also has jurisdiction over:
•      consumer protection
•      review of administrative decisions
•      bankruptcy matters
•      anti-discrimination complaints not satisfactorily resolved by the Human Rights and Equal
       Opportunity Commission.
High Court of Australia
The High Court is at the top of the Australian legal hierarchy. It has a civil and a criminal
jurisdiction and is Australia's ultimate court of appeal.
•      It can hear criminal and civil appeals from the Federal Court, the State Supreme Courts
       and the Family Court.
•      It also decides Federal matters such as constitutional and interstate disputes.
•      The primary function of the High Court is to interpret and determine cases involving
       Australia's Constitution.

The Victorian Court system
Magistrates' Court of Victoria
The Magistrates' Court is the lowest level of the Victorian court hierarchy in terms of
jurisdiction. It incorporates:
•      the State Coroner's Office
•      Victims of Crimes Assistance Tribunal
•      work related injuries
•      PERIN Courts (Penalty Enforcement by Registration of Infringement Notices)
•      the Children’s Court.
There are over fifty Magistrates' Courts operating in Victoria. The Magistrates' Court deals with
over 90 per cent of the criminal and civil matters that proceed to court.
The Crimes Act 1958 and the Magistrates' Court Act 1989 outline those matters that can be
heard by the Magistrates' Court.
Criminal jurisdiction
•      The Magistrates' Court hears and determines all summary offences and many indictable
       offences.
•      The Magistrates' Court Act states the court can hear any offences for which the maximum
       fine is $120,000 or the maximum jail term is 10 years or less.
Summary offences: offences created by legislation that are generally considered to be of a less
serious nature and heard in the Magistrates' Court.
Examples: drunk and disorderly, traffic offences, wilful damage and resisting arrest.
Indictable offences triable summarily: are more serious offences in which the defendant has a
right to trial by a jury in a higher court but can elect to have the matter dealt with summarily
in the Magistrates' Court. For example, theft of an amount not exceeding $25,000, assaults.
Robbery, rape and murder must be heard in the County or Supreme Court by a judge and jury.
Committal hearings
Before more serious indictable offences proceed to the higher courts, the magistrate conducts
committal proceedings to establish whether there is sufficient evidence to support a conviction.
Committal hearings determine the strength of the evidence in a case prior to going before a
judge and/or jury in a higher court.




                                                      Page 6 of 13
Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual

Civil jurisdiction
The Magistrates' Court is able to determine civil disputes for matters up to $100,000, including
personal injuries.
If all parties agree, cases involving higher amounts may be heard. Examples of civil disputes
include:
•      contractual disputes
•      negligence claims
•      motor vehicle repairs
•      land and neighbourhood disputes.
Other powers of the court
•      Family law, such as issuing interim orders in matters concerning parenting orders.
•      Crimes involving family violence, in applications for intervention orders.
•      Work injuries (worker's compensation).
(For further information, refer to Advice number, 1350 ‘Magistrates Court’ – see section (5) for
a link.)
Children's Court
The main Children's Court is situated at 477 Little Lonsdale Street, Melbourne, and most
matters occurring in the inner suburbs are dealt with here. Children's Courts also sit regularly
at major suburban Magistrates' Court courthouses and country Magistrates' Courts.
•      The Children's Court hears matters concerning children under the age of 18 years.
•      There is a President of the Children's Court who is a County Court judge and magistrates
       who hear cases.
•      Appeals from decisions of the President of the Children's court are made to the Supreme
       Court.
•      The court is divided into two divisions.
       -       Criminal Division - which deals with cases of alleged offenders aged between 10
               and 18 years.
       -       Family Division - which hears applications relating to children's care and protection.
(For further information, refer to Advice number 1330, ‘The Children’s Court’ - see section (5)
for a link.)
PERIN Court
Unpaid traffic, parking and other 'on the spot' fines are dealt with under the Penalty
Enforcement by Registration of Infringement Notice (PERIN) system, established under the
Magistrates' Court Act.
•      The PERIN system gives anyone who has been issued with an infringement notice 28
       days to pay the amount owing. Failing this the amount owed is registered as an order of
       the PERIN court to be collected through usual enforcement procedures.
Coroners’ Court
The Governor in Council appoints the State Coroner under the Coroner’s Act 1985. The
Coroners’ Court has jurisdiction to:
•      Investigate reportable deaths and fires
•      advise how such deaths or fires can be avoided in the future
•          inform the community of its findings.
(For further information, refer to Advice number 1351, ‘Victorian Coroners Court’ - see section
(5) for a link.)


                                                      Page 7 of 13
Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual

County Court of Victoria
The County Court is situated at 250 William Street, Melbourne, and forms the middle tier of
Victoria's court hierarchy. It has an original (cases appearing before the court for the first
time) and an appellant (cases on appeal from the Magistrates' Court) jurisdiction. The County
Court is the principal trial court in Victoria.
Criminal jurisdiction
The County Court has concurrent jurisdiction with the Supreme Court to hear all indictable
criminal matters with the exception of treason, murder and murder-related offences.
In practice, the County Court deals with virtually all criminal matters in which both the County
Court and Supreme Court have jurisdiction. The County Court also hears appeals against any
sentencing order made by the Magistrates' Courts in criminal and quasi-criminal matters. This
includes appeals by the Director of Public Prosecutions.
Civil jurisdiction
The County Court has unlimited and concurrent jurisdiction with the Supreme Court in personal
injury (including death) claims. In practice, the great majority of such claims are dealt with by
the County Court.
The County Court exercises jurisdiction in non-personal injury claims up to a limit of $200,000,
and over $200,000 if both parties consent in writing.
Despite its jurisdictional limit, if the County Court awards an amount in excess of $200,000,
this amount is fully recoverable by a party.
As well as damages, the County Court has power to order equitable remedies such as
injunctions.
The court has also exercised jurisdiction with regard to work injury claims. The Magistrates'
Court has concurrent jurisdiction in this area for less serious claims.
Appeals
A person can appeal to the County Court in relation to any sentencing order of the Magistrates'
Court (s. 83 of the Magistrates' Court Act) and the matter is reheard.
No appeals can be made to the County Court from a civil order of the Magistrates' Court.
Appeals are made to Supreme Court.
(For further information, refer to Advice number 1352, ‘Victorian County Court’ - see section
(5) for a link.)
Supreme Court of Victoria
The Supreme Court is the highest court in the Victorian hierarchy and is situated at 210
William Street, Melbourne. The Supreme Court is divided into two Divisions: a Court of Appeal
and a trial division.
The court has jurisdiction in all matters civil and criminal not excluded by statute. In practice,
the Supreme Court generally only hears matters that cannot be heard in lower courts.
Trial division
The following are some examples of the types of cases the Supreme Court might hear:
•      criminal trials for the most serious indictable offences
•      treason
•      murder
•      attempted murder
•      building disputes




                                                      Page 8 of 13
Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual

•      actions involving personal injuries and commercial disputes where the claim exceeds
       $200,000
•      disputes over trusts, wills and probate.
Cases can be heard by a judge or by a judge and jury.
Appeals division
The Supreme Court hears appeals of civil orders and criminal convictions made in the
Magistrates' Court. The Court of Appeal may hear appeals from a decision of a single judge of
either the trial division of the Supreme Court or the County Court.
Appeals from decisions of the Court of Appeal are heard by the High Court of Australia, but
only after that court has granted leave to appeal.
(For further information, refer to Advice number 1353 ‘Supreme Court of Victoria’ - see section
(5) for a link.)
Reference: http://www.liv.asn.au/public/legalinfo/court/court.html

Tribunals operating in Victoria
In addition to the courts, there are also several tribunals operating in Victoria. Proceedings in a
tribunal are generally less formal than those of a court. A tribunal’s primary role is to interpret
law, make a decision about who is right or wrong in a dispute and deliver penalties to those
who have broken the law (whether an organisation or an individual). The disputes heard range
from disagreements between consumers and social security or consumers and businesses.
The Law Institute of Victoria provides an example of some of the tribunals that operate in
Victoria include:
Victorian Civil and Administrative Tribunal
The Victorian Civil and Administrative Tribunal (VCAT) hears a variety of different disputes
once handled by lots of smaller tribunals (for example, Small Claims Tribunal, Residential
Tenancies Tribunal). VCAT has two divisions:
•      The Civil and Human Rights Division.
•      Administrative Division.
Each division has a number of lists that specialise in particular types of cases.
The Civil and Human Rights Division hears disputes between individuals and is divided into
various lists according to the type of dispute. The lists are:
•      Anti-Discrimination List, formerly the Anti-Discrimination Tribunal.
•      Civil Claims List - formerly Small Claims Tribunal.
•      Credit List - formerly the Credit Tribunal.
•      Domestic Building List - formerly the Domestic Building and Contracts Tribunal.
•      Guardianship List.
•      Real Property List.
•      Residential Tenancy List - formerly Residential Tenancy Tribunal.
•      Retail Tenancy List.
The Administrative Division has five lists:
•      General List.
•      Taxation List.
•      Land Valuation List.
•      Occupational and Business Regulation List.
•      Planning List.


                                                      Page 9 of 13
Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual

VCAT and tribunals generally, operate differently to courts in that the hearing processes are
usually less formal, less rigid rules apply in relation to evidence, and people with specialist
expertise in a particular area, for example, town planners, often make up the members of the
tribunal in a particular list.
(For further information, refer to Advice number 1354, ‘Victorian Civil and Administrative
Tribunal (VCAT)’ - see section (5) for a link.)
Victims of Crime Assistance Tribunal (VOCAT)
Established by the Victims of Crime Assistance Act 1996, VOCAT replaced the Crimes
Compensation Tribunal and provides access to a variety of counselling, referral and information
services to victims of crime. The tribunal operates out of most Magistrates' courts. VOCAT
considers applications for financial compensation and assistance for victims of crime. Victims
include:
•      primary victims
•      secondary victims, for example, witnesses who may need counselling
•      related victims, for example, dependants of a person who has died as a result of a
       criminal act.
Applications to the tribunal must be made in writing within two years of the occurrence of the
criminal act.
(For further information refer to Advice number 1355 ‘Victims of crime assistance and
compensation claims’ – see section (5) for a link.)
Reference: http://www.liv.asn.au/public/legalinfo/court/court-The-2.html

Specialised courts operating in Victoria
In Victoria there are a few additional specialised courts not mentioned above. These include:
The Drug Court
Sentences and supervises the treatment of serious offenders with drug and alcohol
dependence who have committed offences under the influence of drugs, or to support a drug
or alcohol habit.
The Koori Court
Sentences indigenous offenders who plead guilty.
The Family Violence Court Division
Specialises in hearing family violence cases and provides additional support services for victims
of family violence.
The Drug Court, the Koori Court and the Family Violence Court Division are all part of the
Magistrates' Court.
Reference: www.justice.vic.gov.au

The hierarchy of courts in Victoria
The following diagram shows the hierarchy of courts and where the Children’s Court of Victoria
sits in relation to other jurisdictions.

        High Court (Federal)
        Makes final decisions on criminal and civil
        appeals

        Court of Appeal
        The highest court of appeal in Victoria
        (hears appeals only)



                                                      Page 10 of 13
Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual


        Supreme Court                                           Family Court (Federal)
        Hears IAO appeals from Children’s Court                 Makes decisions on family matters
        Hears appeals on a point of law from the
        Children’s Court
        Hears and decides on criminal trials such
        as murder and appeals from the
        Magistrate’s Court

        County Court
        Hears appeals on final orders from
        Children’s Court
        Hears and decides on criminal cases
        (armed robbery), civil cases (large
        claims), and criminal matters on appeal
        from the Magistrate’s Court.

        Magistrate’s Court                                      Children’s Court
        (Hears and decides minor cases and                      (Family and Criminal Divisions)
        conducts preliminary hearings)




                                                      Page 11 of 13
Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual


(3) Considerations for good practice
           Note:
           Use the Practice Research link on the toolbar to access further Practice Guidance
           and Research.



           •       For this Advice, there are no specific considerations for good practice.




(4) Contact for further procedural advice
•      Direct supervisor
•      Court Advocacy Unit
•      Regional solicitor



(5) Related policy documents and procedures
           Note:
           Advice, Protocols and Policy Documents directly related to this Advice are listed
           below. To access the full range of Protocols and Policy documents use the
           Protocol and Policy links on the Home Page.

Related Practice Advice:
•      Advice no. 1330 - The Children's Court
•      Advice no. 1331 - Legal representatives and Child Protection's roles and responsibilities
       in court proceedings
•      Advice no. 1344 - Family Court and Federal Magistrates Court
•      Advice no. 1350 - Magistrates Court
•      Advice no. 1351 - Victorian Coroners Court
•      Advice no. 1352 - Victorian County Court
•      Advice no. 1353 - Supreme Court of Victoria
•      Advice no. 1354 - Victorian Civil and Administrative Tribunal (VCAT)
•      Advice no. 1355 - Victims of crime assistance and compensation claims (Advice under
       development)
•      Advice no. 1391 - Review by Victorian Civil and Administrative Tribunal
•      Advice no. 1392 - Appealing Children's Court decisions
•      Advice no. 1393 - Circumstances for closed court

Related Protocols:
•      Protocol between the Department of Human Services and Family Court 1996 (currently
       being revised)

Other related procedural documents:
•      Child Protection Case Planning: Internal Review and VCAT review – Outline of procedures
       (Court Advocacy Unit)



                                                      Page 12 of 13
Department of Human Services – Victoria
Protecting Victoria’s Children – Child Protection Practice Manual

Related policy documents:
•      For this Advice, there are no specific related policy documents.



(6) Checklist of required standards
           Note:
           A checklist of the required standards follows. It can be utilised as a reference
           point for practitioners and supervisors or printed and utilised in supervision to
           assist in ensuring required tasks are undertaken.

•      For this Advice, there are no specific standards.




                                                      Page 13 of 13

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:123
posted:3/24/2010
language:English
pages:13
Description: 1329 - Structure of court system