Amendments to research materials



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AMENDMENTS TO RESEARCH MATERIALS
This table contains a running list of amendments which have been made to the PDF files containing the Research Materials text.


DATE

CHAP.

PARA.

AMENDMENT

02/10/14

3

3.1

New case of Grima v MacCallum [2014] VSC 473.

02/10/14

3

3.5.5

Change acronym for to “Video and Audio Recorded Evidence” to “VARE”. Reference to Martin v The Queen [2013] VSCA 377 at [20]-[58] per Redlich JA and at [3]-[5] per Neave JA.

02/10/14

10

10.3.3

Reference to new case of R v Ray & Vella (Ruling No.3) [2014] VSC 178.

02/10/14

10

10.6

Section heading amended to “Unfitness to be tried & Mental impairment”.

02/10/14

10

10.6

Commentary rewritten to reflect the amendments to the Crimes (Mental Impairment and Unfitness to be Tried Act) 1997 (Vic) commencing 31/10/2014.

02/10/14

10

10.6.1 & 10.6.2

Paragraph headings deleted.

30/09/14

1

1.1.2

  • Removal of dated material in the commentary about the CYFA.

  • Addition of commentary on the amendments to the CYFA contained in the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 (Vic) [No.61 of 2014].

30/09/14

1

1.4

Addition of references to Practice Directions No.5 of 2013 and No.1-4 of 2014.

17/06/14

7

7.4

Additional statistics re Police Cautioning Program.

17/06/14

7

7.11.4

Updated commentary on Children’s Koori Courts.

17/06/14

9

9.4.1.1

New commentary on cases of Bail Application – Jason Yuen [2014] VSC 197 & Bail Application – Dalton [2013] VSC 690.

17/06/14

9

9.4.2

New case of Application for Bail by Tyler Foxwell [2013] VSC 716.

17/06/14

9

9.4.4.1

New reference to decision of Kaye J in Bail Application – Bunning [2013] VSC 618 at [35]-[38].

17/06/14

9

9.4.4.4

Commentaries on new cases of Peter John Hewat [2014] VSC 240; Michael Murray [2014] VSC 249; Sanchez v DPP [2013] VSC 707 & Smith v DPP [2014] VSC 60.

17/06/14

9

9.4.4.5

Commentaries on new cases of Bail Application – Bunning [2013] VSC 681; Re Jan Visser [2013] VSC 736 & Re PI [2014] VSC 64.

30/05/14

2

2.8.2

Commentary on and extract from new case of DPP v QPX [2014] VSC 211.

04/03/14

9

9.4.11

New case of Re Chafer-Smith: An Application for Bail [2014] VSC 51 especially at [27].

27/02/14

2

2.3

  • Paragraph heading changed to “Organizational structure of the Children’s Court of Victoria”.

  • Updating of office holders.

27/02/14

2

2.5

  • Removal of reference to Preston & Moonee Ponds Magistrates’ Courts which are now closed.

  • Addition to commentary on role of Moorabbin JC.

27/02/14

2

2.7.1

New paragraph heading: “Section 523 of the CYFA”. Minor amendments to previous commentary as a consequence of the commencement of the Open Courts Act 2013.

27/02/14

2

2.7.2

New paragraph entitled “Sections 28-32 of the Open Courts Act 2013”.

27/02/14

2

2.8.1

  • Paragraph heading amended to “Statutory prohibition on publication of identifying particulars and/or pictures”.

  • Removal of some references to the CYPA.

  • Commentary on R v SJK & GAS [2002] VSC 94 moved to paragraph 2.8.2.

  • Amendments to previous commentary.

27/02/14

2

2.8.2

  • Paragraph heading amended to “Suppression orders”.

  • Commentary on R v SJK & GAS [2002] VSC 94 moved from paragraph 2.8.1.

  • Amendments to previous commentary.

27/02/14

2

2.8.3

New paragraph entitled “Section 10(5) of the Witness Protection Act”. The material in this paragraph has been moved from the end of paragraph 2.7.

27/02/14

2

2.10.1

Paragraph heading amended to “Youth Justice”. Amendments to commentary.

27/02/14

2

2.10.2

Amendment to commentary on the Salvation Army Court support service.

27/02/14

3

3.1

Added reference to Wain & Ors v Drapac & Ors (No 3) [2014] VSC 23.

27/02/14

3

3.7.2

Added reference to Gray v Brimbank City Council [2014] VSC 13 at [35]-[56] per Rush J.

27/02/14

9

9.3

  • Paragraph heading changed to “Bail – History, Questions, Factors & Principles”.

  • Four sub-headings introduced.

  • Cases of Renate Mokbel v DPP (Vic) and DPP (Cth) [2006] VSC 487 at [33]-[34]; Bail Application by Michael Paterson [2006] VSC 268 and R v Griffey [2006] VSC 86 moved from section 9.4.

  • A number of extracts from the judgment of Bell J in DPP v Woods [2014] VSC 1 have been added to this paragraph.

27/02/14

9

9.4

Added reference to DPP v Woods [2014] VSC 1 at [34].

27/02/14

9

9.4.1.1

  • The paragraph detailing “Some Cases in which exceptional circumstances were found and bail was granted” is numbered 9.4.1.1.

  • Added references to cases of Armstrong v R [2013] VSC 111; Re Michael Pickergill [2013] VSC 715.

27/02/14

9

9.4.1.2

The paragraph detailing “Some Cases in which exceptional circumstances were not found and bail was refused” is numbered 9.4.1.2.

27/02/14

9

9.4.4.1

  • New paragraph heading “Whether showing cause is a ‘one step’ or a ‘two step’ process”.

  • New case of Woods v DPP [2014] VSC 1 at [55]-[56].

27/02/14

9

9.4.4.2

  • New paragraph heading “How does an accused show cause”.

  • New case of Woods v DPP [2014] VSC 1 at [51].

  • New case of MA v EM [2014] VSC 11.

27/02/14

9

9.4.4.3

  • New paragraph heading “Unacceptable risk”.”

  • New introduction to DPP v Haidy {aka Vasailley} [2004] VSC 247 and some of the previous commentary moved into paragraph 9.4.4.2.

  • New case of Woods v DPP [2014] VSC 1 at [25], [27] & [28].

27/02/14

9

9.4.4.4

  • The paragraph detailing “Some cases in which cause was shown and bail was granted” is numbered 9.4.4.4.

  • New case of Nicholas Kiourellis [2014] VSC 1 at [109]-[119].

  • New case of MA v EM [2014] VSC 11.

27/02/14

9

9.4.4.5

  • The paragraph detailing “Some cases in which cause was not shown and bail was refused” is numbered 9.4.4.5.

  • New case of Lirim Salievski [2014] VSC 1 at [102]-[108].

27/02/14

9

9.4.4.6

  • The paragraph detailing “Some cases in which accused was held not to be an unacceptable risk and bail was granted” is numbered 9.4.4.6.

  • New case of Deng Mawn [2014] VSC 1 at [120]-[133].

27/02/14

9

9.4.4.7

The paragraph detailing “Some cases in which accused was held to be an unacceptable risk and bail was refused” is numbered 9.4.4.7.

27/02/14

9

9.4.10

New case of Woods v DPP [2014] VSC 1 at [21].

27/02/14

9

9.4.12

  • New paragraph entitled “Relevance of youth”.

  • New case of Woods v DPP [2014] VSC 1 at [96]-[100].

27/02/14

9

9.5.3

  • New s.5(2A) of the Bail Act 1977.

  • Updated Children’s Court Courtlink standard bail conditions.

27/02/14

9

9.5.6

Added references to ss.18(4) & 18AK of the Bail Act 1977.

27/02/14

9

9.5.6.1

The paragraph detailing “Some cases in which new facts and circumstances were discussed” is numbered 9.5.6.1.

27/02/14

9

9.5.7

Added reference to s.18AK of the Bail Act 1977.

27/02/14

9

9.5.12

Added references to new ss.30A & 30B of the Bail Act 1977.

02/12/13

3

4


3.5.6.3

4.3.2


4.8.1

Amendment to commentary on new s.215B of the CYFA.

01/12/13

1

1.2.1

Minor amendment to Children, Youth and Families Regulations 2007 made by S.R. No.140/2013.

01/12/13

1

1.3

Major amendment to Children, Youth and Families (Children’s Court Family Division) Rules 2007 which prescribe certain matters together with 40 forms for the purposes of the Family Division of the Court.

01/12/13

1

1.4

  • New Practice Direction 4 of 2009 relating to all child protection applications by apprehension at Melbourne Children’s Court.

  • Practice Direction 1 of 2008 is revoked.

01/12/13

3

3.5.6

This section, headed “Contested Family Division cases” has been extensively re-written and four separate paragraphs have been created.

01/12/13

3

3.5.6.1

New paragraph heading “The usual procedure”

01/12/13

3

3.5.6.2

New paragraph heading “Informal procedure”.

01/12/13

3

3.5.6.3

New paragraph heading Section 215B of the CYFA.

01/12/13

3

3.5.6.4

New paragraph heading Obligation to afford procedural fairness”.

01/12/13

3

3.7.1 & 3.7.2

Sections combined into a new 3.7.1 with heading Explanation & Reasons.

01/12/13

3

3.7.3

Paragraph renumbered 3.7.2.

01/12/13

3

3.8.5

New paragraph entitled Enforcement of costs orders made in the Family Division and referring to new s.528A of the CYFA, ss.154 & 170(2) of the FVPA and ss.111 & 126(2) of the PSIA.

01/12/13

4

4.1.4

Added statistics for 2010-2011.

01/12/13

4

4.2

Very minor amendments to text.

01/12/13

4

4.3.1

Replacement of reference to Stalking Intervention Orders Act 2008 by Personal Safety Intervention Orders Act.

01/12/13

4

4.3.2

Added reference to s.215B of the CYFA.

01/12/13

4

4.4

Replacement of reference to Stalking Intervention Orders Act 2008 by Personal Safety Intervention Orders Act.

01/12/13

4

4.5

Heading amended to “Custody, guardianship & contact”.

01/12/13

4

4.5.3

Heading amended to “Contact”. Minor amendments to text.

01/12/13

4

4.8.1

4.8.2


Material relating to new s.215B of the CYFA added to paragraph 4.8.1. Some of the text relating to the Less Adversarial Trial provisions of the Family Law Act 1975 (Cth) and specifically the reference to the case of T v T [2008] FamCAFC 4; (2008) FLC 93-360; (2008) 38 Fam LR 614 moved into para. 4.8.1 from 4.8.2.

01/12/13

4

4.8.3

Added reference to DOHS v DR [2013] VSC 579 at [56] per Elliott J. Change “access” in text to “contact”.

01/12/13

4

4.8.4

  • This paragraph headed “Findings on balance of probabilities” has been substantially re-written because of the repeal of s.215(1)(c) of the CYFA and its replacement by new s.215A.

  • Added references to the balance of probabilities test referred to in ss.53(1)(a), 74(1), 76(1)(b), 77(2) & 106(2) of the FVPA and ss.35(1)(a), 61(1) & 83(2) of the PSIA.

  • Discussion of new s.162(3) of the CYFA and its relationship with the common law test of whether or not a child is likely to suffer harm in the future, a test enunciated in In re H. & Others (Minors)(Sexual Abuse: Standard of Proof) [1996] AC 563 at 585 in relation to English legislation in similar terms to s.162(1) of the CYFA.

  • Extract from judgment of Beach J in Helou v Shaya [2013] VSC 297 at [22].

01/12/13

4

4.8.5

References to “access” changed to “contact” in the text.

01/12/13

4

4.8.6

New paragraph entitled “Attendance of child at Court” with text primarily based on new s.216A of the CYFA.

01/12/13

4

4.9

  • Updated diagram of court processes.

  • Information about DOHS’ representation in the Family Division moved from 4.9.5 and updated.

01/12/13

4

4.9.1

Paragraph title changed to “Apprehension - Hearing after child placed in emergency care” and text substantially re-written to reflect legislative changes which make it uncommon for a child to be required to attend the Family Division.

01/12/13

4

4.9.2

Obsolete reference to “pre-hearing conference” changed to “conciliation conference”.

01/12/13

4

4.9.3

Paragraph renamed “Conciliation” and minor changes to text.

01/12/13

4

4.9.4

Paragraph renamed “First directions hearing & Directions hearing preceding a contest” and substantially reworded.

01/12/13

4

4.10

Section renamed “Alternative Dispute Resolution”.

01/12/13

4

4.10.1 to 4.10.9

  • Amendments to text to reflect change of name from “dispute resolution conference” to “conciliation conference”.

  • Text substantially revised and updated.

01/12/13

4

4.10.4

Paragraph renamed “Repeal of advisory conference provisions” and contents completely changed to reflect repeal.

01/12/13

4

4.10.5

Reworded text including new s.226(7) of the CYFA.
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