Amendments to research materials



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01/07/10

6

6A.10.4

Renumbered paragraph – formerly 6A.10.3.

01/07/10

6

6A.10.5

Renumbered paragraph – formerly 6A.10.4.

01/07/10

6

6A.10.6

Renumbered paragraph – formerly 6A.10.5.

01/07/10

6

6A.12.8

Reference to amended version of s.91(1) of the FVPA and new s.92(4).

01/07/10

6

6A.14.2

Change to text on s.78 of the FVPA as a consequence of amendments to that section.

01/07/10

6

6A.16

Reference to new s.57(2A) of the FVPA.

01/07/10

6

6A.18.1

Change to text as a consequence of amendments to ss.100(1) & 101of the FVPA.

01/07/10

6

6A.18.1

Change to text as a consequence of amendments to ss.100(1) & 101of the FVPA.

01/07/10

6

6A.18.2

Change to text as a consequence of amendments to s.107 of the FVPA.

01/07/10

6

6A.21

Change to text as a consequence of amendments to s.122 of the FVPA.

10/05/10

4

4.6.5

Change to text on mandatory reporters. Note that certain categories of persons referred to in s.182 of the CYFA have not yet been gazetted.

05/05/10

3

3.1

New reference to case Slaveski v Victoria [2010] VSC 97.

05/05/10

3

3.5.4

New case of R v Chimirri [2010] VSCA 57 at [59]-[76].

05/05/10

3

3.5.9

Heading changed to “Production of documents in cases in the Children’s Court”.

05/05/10

3

3.5.9.1

New paragraph heading “Production under sub-poena”.

05/05/10

3

3.5.9.1

New reference to case Deputy Commission of Taxation v Law Institute of Victoria Ltd [2010] VSCA 73.

05/05/10

3

3.5.9.2

New paragraph entitled “Pre-hearing disclosure in the Criminal Division”. References to ss.35-49 & 107-117 of the Criminal Procedure Act 2009 (Vic).

05/05/10

3

3.5.9.3

New paragraph entitled “Production of ‘notes’ in ‘apprehension cases’ in the Family Division”. References to cases of DOHS v Ms A & Mr G [unreported, Children’s Court of Victoria, 04/05/2010] and Sobh v Police Force of Victoria [1994] 1 VR 41 at 47-48, 62 & 72. References to ss.166, 169 & 193 of the Evidence Act 2008 (Vic).

05/05/10

3

3.5.14

New section entitled “Unfavourable witnesses”. References to s.38 of the Evidence Act 2008 (Vic) and to cases of DPP v McRae [2010] VSC 114; R v Souleyman (1996) 40 NSWLR 712; Adam v R (2001) 207 CLR 96.

14/04/10

4

4.16

New section entitled “Effect on child of separation from primary attachment figure”, including an extensive bibliography of literature describing the psychological impact on a child of separation from his or her primary attachment figure

14/04/10

4

4.17

Renumbered paragraph – formerly 4.16.

10/02/10

3

SEVERAL

References to the Evidence Act 1958 (Vic) changed to the Evidence (Miscellaneous Provisions) Act 1958 (Vic).

10/02/10

3

3.5.5

Heading changed to “Use of recorded evidence in certain criminal cases”.

10/02/10

3

3.5.5.1

New paragraph entitled “Evidence-in-chief in certain summery hearings, special hearings or trials”.

10/02/10

3

3.5.5.2

New paragraph entitled “Evidence in certain special hearings and trials”.

10/02/10

3

3.5.7

Sentence added to end of section commenting on the increase in contested cases in the Family Court since the introduction of the less adversarial approach.

10/02/10

3

3.5.8

Heading changed to “Use of recorded evidence in cases in the Family Division”.

10/02/10

3

3.5.10

Changed commentary on children as witnesses in court cases. New case of Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1 at [51] & [114].

10/02/10

3

3.5.10.1

New paragraph entitled “Competence”.

10/02/10

3

3.5.10.2

New paragraph entitled “Compellability in criminal proceedings generally”.

10/02/10

3

3.5.11

New section entitled “Oaths and affirmations”.

10/02/10

3

3.5.12.1

3.5.12.2


3.5.12.3

Renumbered paragraph – formerly 3.5.11.1

Renumbered paragraph – formerly 3.5.11.2

Renumbered paragraph – formerly 3.5.11.3


10/02/10

3

3.5.13

New section entitled “The rule in Browne v Dunn”. New case of R v Coswello [2009] VSCA 300. References to new case of R v Arnott [2009] VSCA 299 at [105]-[109]; R v Morrow [2009] VSCA 291 at [2]-[6] & [36]-[71], especially at [59].

10/02/10

3

3.6

Added reference to Criminal Procedure Act 2009 (Vic). Change reference to Evidence Act 1958 (Vic) to Evidence Act 2008 (Vic).

10/02/10

3

3.9

Added reference to ss.401 & 410 of the Criminal Procedure Act 2009 (Vic).

10/02/10

3

3.9.3

Added quotation from case of DOHS v Ms T & Mr M [unreported, Children’s Court of Victoria-Power M, 12/10/2009].

10/02/10

3

3.10

Changes to sections of the CYFA relating to appeals. New case of DPP v MN; DPP v JC; DPP v JW [2009] VSCA 312.

03/02/10

4

4.8.1

4.8.4


4.14.2

4.15


VChC citations added to case references.

03/02/10

4

4.8.5

Delete paragraph heading 4.8.5 “Statutory Interpretation” and contents thereof. It was a duplication of paragraph 3.6 in Chapter 3.

03/02/10

4

4.9

Small change to schematic chart of “Family Division – Protection & IRD Hearings” to demonstrate the split between “Applications by Notice” and “Applications by Apprehension”.

03/02/10

4

4.14.3

New paragraph entitled “American judicial guidelines 2009”. Quotations from and comment on “Healthy Beginnings, Healthy Futures: A Judge’s Guide” prepared by the American Bar Association, the National Council of Juvenile and Family Court Judges and the Zero to Three National Policy Center.

03/02/10

4

4.14.4

New paragraph entitled “Access conditions are an integral part of a court order”.

22/01/10

6

6.2.3

Deletion of references to two amending Acts.

22/01/10

6

6A.7

Deletion of reference to amending Act.

22/01/10

6

6A.9.6

Amended commentary to ss.65(1) & 65(2) of the FVPA.

22/01/10

6

6A.19

Deletion of references to ss.243-244 of the FVPA (now repealed) and addition of references to ss.359-366 of the Criminal Procedure Act 2009 (Vic).

21/01/10

10

10.2

10.2.1


10.2.4

10.3.2


10.3.3

10.3.4


10.3.5

Minor changes of wording to reflect the fact that the Criminal Procedure Act 2009 (Vic) (‘the CPA’) came into operation on 01/01/2010.

21/01/10

10

10.2.2

Move old paragraph 10.2.2 to 10.2.6. Old paragraph 10.2.3 “Nature” moved to 10.2.2 and renamed “Nature of committal proceeding”. Added reference to s.155 of the CPA.

21/01/10

10

10.2.3

New paragraph headed “Hearings, case direction and procedure”. New commentary on ss.100-144 & 153 of the CPA replacing old references to the now repealed Schedule 5 of the Magistrates’ Court Act 1989 (Vic).

21/01/10

10

10.2.5

Paragraph renamed “Determination of committal proceeding – Test for committing for trial”. New commentary on ss.141-145 of the CPA.

21/01/10

10

10.2.6

Renumbered paragraph – formerly 10.2.2.

21/01/10

10

10.2.7

Renumbered paragraph – formerly 10.2.6. Paragraph renamed “Taking evidence after accused committed for trial – ‘Basha’ inquiry”. Commentary on ss.149-152 of the CPA.

18/01/10

1

1.2.1

Changed commentary relating to Children, Youth and Families Regulations 2007 and deletion of references to regs.21, 22, 23 & 27 [now revoked].

18/01/10

1

1.3

Added reference to power under s.588 to makes rules of Court prescribing forms for the Criminal Division of the Court and empowering the making of rules relating to the practice and procedure of the Criminal Division of the Court.

18/01/10

1

1.3

Added reference to s.590A of the CYFA empowering the making of rules with respect to the Neighbourhood Justice Division of the Court.

18/01/10

1

1.3

Added reference to Children’s Court Criminal Procedure Rules 2009 [S.R.189/2009]. Note advising that Children, Youth and Families (Children’s Court Family Division) Rules [S.R.24/2007] were amended on 01/01/2010 by S.R.186/2009.

18/01/10

1

1.3

Added reference to Children’s Court (Evidence – Audio Visual and Audio Linking) Rules 2008 [S.R.11/2008] which replaced rules with the same name made in 1998 [S.R.18/1998].

18/01/10

1

1.4

Section heading amended to “Practice Directions & Practice Notes”. Deletion of reference to Practice Direction 1 of 1999.

18/01/10

1

1.4

Added references to Practice Directions 1 & 2 of 2007, Practice Note 1 of 2008 and Practice Directions 1 & 2 of 2009.

15/10/09

1

1.3

Commentary on amended s.588(1) of the CYFA. Deletion of references to the pre-decessors in the CYPA of ss.588-591 of the CYFA.

15/10/09

4

4.9.6

New paragraph entitled “Judicial resolution conference”. Commentary on amendments made to ss.3, 523, 527, 527A & 588 of the CYFA created by the Courts Legislation Amendment (Judicial Resolution Conference) Act 2009 (Vic) [No.50/2009] which came into operation on 14/09/2009.

15/10/09

5

5.4.1

5.4.10


Delete the last sentence in the last paragraph of section 5.4.1. New sub-section 5.4.10 entitled “Statistics”.

15/10/09

5

5.5

5.5.6


5.11.10

5.13


5.14.2

5.15.1


5.16.12

5.17.1


5.20.6

5.22.7


5.27.3

Addition of statistics for 2007/08. In some instances small consequential changes have been made to the commentary to reflect updated statistics.

15/10/09

5

5.5.5

New case of DOHS v Ms D & Mr K [Children’s Court of Victoria-Power M, 15/06/2009].

15/10/09

5

5.8.1

Heading of section amended to “Applications only by the Secretary”.

15/10/09

5

5.8.2

Heading of section amended to “Therapeutic Treatment Board”. Additional material about the TTB included.

15/10/09

5

5.10.1

References to new cases of DOHS v Ms T & Mr M [Children’s Court of Victoria-Power M, 12/10/2009]; DOHS v Ms D & Mr K [Children’s Court of Victoria-Power M, 15/06/2009]; DOHS v Ms K & Mr L [Children’s Court of Victoria-Power M, 18/05/2009]; DOHS v Mr M & Ms H [Children’s Court of Victoria-Power M, 11/05/2009].

15/10/09

5

5.10.6

Additional material on “The United Nations Convention on the Rights of the Child”, including discussion of Articles 7 & 9.3 in Part I of the Convention and the case of BE v LH & MH [Children’s Court of Victoria, 04/06/2000]. References to new cases of DOHS v Ms T & Mr M [Children’s Court of Victoria-Power M, 12/10/2009]; DOHS v Ms D & Mr K [Children’s Court of Victoria-Power M, 15/06/2009]; DOHS v Mr M & Ms H [Children’s Court of Victoria-Power M, 11/05/2009].

15/10/09

5

5.11.7

Reference to new case of DOHS v Ms H [Children’s Court of Victoria-Ehrlich M, 25/06/2009].

15/10/09

5

5.15.3

Reference to new case of DOHS v Ms T & Mr M [Children’s Court of Victoria-Power M, 12/10/2009].

15/10/09

5

5.16.2

Reference to new case of DOHS v Ms D & Mr K [Children’s Court of Victoria-Power M, 15/06/2009].

15/10/09

5

5.17.2

New case of DOHS v B; DOHS v H [Children’s Court of Victoria-Judge Grant, 11/06/2009].

15/10/09

5

5.17.8 5.18.1

Details of the test in DOHS v Mr & Mrs B [Children’s Court of Victoria, unreported, 17/12/2007] moved from paragraph 5.17.8 to 5.18.1.

15/10/09

5

5.18.3

Added reference to conditions on permanent care order.

15/10/09

5

5.20.1

Reference to new case of DOHS v Ms D & Mr K [Children’s Court of Victoria-Power M, 15/06/2009].

15/10/09

5

5.20.4

Added discussion as to impact on an IPO of the making of an IAO.

15/10/09

5

5.20.5

Minor change to wording.

15/10/09

5

5.29.4

Expanded discussion, including references to cases of Magistrate Power in Children’s Court of Victoria: DOHS v Ms O’C [07/04/2008]; DOHS v Ms B & Mr G [05/06/2008]; DOHS v Mr M & Ms H [11/05/2009].

15/10/09

5

5.30.3

Added statistic re over-representation of indigenous children in out of home care.

15/10/09

5

5.32

New section entitled “Cultural plan for an aboriginal child”.

27/07/09

10

10.2.1

10.2.4


10.3.2

10.3.3


10.3.4

10.3.5


Added references to the Criminal Procedure Act 2009 (Vic) expected to come into operation in late 2009 or early 2010.

27/07/09

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