(1) In this Act—
"Aboriginal elder or respected person" means a person who holds office as anAboriginal elder or respected person undersection 17A;
"Aborigine" means a person who—
(a) is descended from anAborigineor Torres Strait Islander; and
(b) identifies as anAborigine orTorres Strait Islander; and
(c) is accepted as anAborigine orTorres Strait Islander by an Aboriginal or Torres Strait Island community;
"accused" has the same meaning as in theCriminal Procedure Act 2009;
"appropriate dispute resolution"has the same meaning as it has in theCivil Procedure Act 2010;
"appropriate registrar" means—
(a) theregistrar at theproper venue of the Court; or
(b) theregistrar at the venue ofthe Court at which aproceeding is heard and determined in accordance with anorder made under section 31 of theCriminal Procedure Act 2009;
"Assessment and Referral Court List" means the list established bysection 4S;
"authorised deposit-taking institution" has the same meaning as in theBanking Act 1959 of the Commonwealth;
"bail guarantor" has the same meaning as in theBail Act 1977;
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"civil registry court" means a venue of the Court that isprescribed by theRules to be acivil registry court;
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"complaint" includes anyprocess by which a civilproceeding in the Court iscommenced;
"conduct money" means a sum of money or its equivalent sufficient to meet thereasonable expenses of a person to whom a witness summons is directed ofcomplying with the summons in relation to the day on which the person isrequired by the summons to attend;
Courtmeans theMagistrates' Court of Victoria;
"court official" means—
(a) theprincipal registrar of theCourt; or
(b) aregistrar or deputyregistrarof the Court; or
(c) any person employed in any ofthe offices of the Court;
"defendant" means—
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(b) a person against whom a civilproceeding has been commenced in the Court;
"Department" means theDepartment of Justice;
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"designated place" has the same meaning as in theVictoria Police Act 2013;
"driver licence" has the same meaning as in theRoad Safety Act 1986;
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"enforcement warrant" has the same meaning as in theFines Reform Act 2014;
"excluded judicial officer "means—
(a) the ChiefMagistrate;
(b) a Deputy ChiefMagistrate;
(c) a Deputy State Coroner;
"execution copy", in relation to a warrant, means the copy issued for thepurposes of execution;
family memberhas the meaning given bysection 3A;
family violencehas the meaning given by theFamily Violence Protection Act2008;
"fine" includes any penalties, forfeitures, sums of money and costsordered tobe paid by the personfined;
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"homeless person" means—
(a) a person living in—
(i) crisisaccommodation; or
(ii) transitional accommodation; or
(iii) any otheraccommodation provided under theSupported Accommodation AssistanceAct 1994of the Commonwealth; or
(b) a person who has inadequateaccess to safe and secure housing within the meaning ofsection 4 of theSupported Accommodation Assistance Act 1994 of the Commonwealth;
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"intellectual disability" has the same meaning as it has in theDisability Act 2006;
"judge"of theCounty Courtmeans ajudge of the County Court appointed undertheCounty Court Act 1958, other than the ChiefJudge or a reservejudgeappointed under that Act;
"Judge of the Supreme Court" means a person referred to insection 75(3)(d) oftheConstitution Act 1975;
"judicial registrar" means ajudicial registrar of the Court appointed undersection 16C;
"judicial resolution conference" has the same meaning as it has in theCivil Procedure Act 2010;
"jurisdictional limit" in a civilproceeding means $100 000;
"Koori Court officer" means a person who—
(a) is employed under Part 3 of thePublic Administration Act 2004; and
(b) exercises powers or performsfunctions in relation to the Koori Court Division of the Court;
"legal practitioner" means an Australianlegalpractitioner;
"magistrate" includes the ChiefMagistrate and areservemagistrate engagedundersection 9C to undertake the duties of amagistrate during any period ofengagement or acting undersection 9EA;
"Magistrates' Court" means theMagistrates' Court of Victoria;
"mental illness" has the same meaning as it has in theMental Health and Wellbeing Act 2022;
"mention court" means a venue of the Court that is nominated by the ChiefMagistrate undersection 5A as amention court;
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"motor vehicle" has the same meaning as in theRoad Safety Act 1986;
"Neighbourhood Justice officer" means a person who—
(a) is employed under Part 3 ofthePublic Administration Act 2004; and
(b) exercises powers or performsfunctions in relation to the Neighbourhood Justice Division of the Court;
"order" includes judgment and conviction;
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"part-time service arrangement" means an arrangement entered undersection 7A;
"party", to aproceeding for a family violence interventionorder under theFamily Violence Protection Act 2008or aproceeding for an offence againstthat Act, includes, in sections 4J and 4K, an affectedfamilymember withinthe meaning of that Act;
"plaintiff" means a person who commences a civilproceeding in the Court;
"police gaol" has the same meaning as in theCorrections Act 1986;
"police officer" has the same meaning as in theVictoria Police Act 2013;
"prescribed" meansprescribed by the regulations unless required to beprescribed by rules of court;
"principal registrar" meansprincipal registrar of the Court;
"prison" has the same meaning as in theCorrections Act 1986;
"prison officer" has the same meaning as in theCorrections Act 1986;
"probationary driver licence" has the same meaning as in theRoad Safety Act 1986;
"proceeding" means any matter in the Court, including a committalproceeding,but does not include the exercise by aregistrar of any jurisdiction, power orauthority vested in theregistrar under theFines Reform Act 2014;
"process" includes witness summons, charge-sheet, summons to answer to acharge,complaint, warrant to arrest, remand warrant, search warrant, warrantto seize property,enforcement warrant, warrant to imprison, warrant to detainin ayouth justice centre, warrant of delivery and any otherprocess by whichaproceeding in the Court is commenced;
"proper venue"—
(a) subject to paragraphs (ca), (dc)and (e), in relation to a criminalproceeding or a class of criminalproceeding, means themention court that has been nominated by the ChiefMagistrate undersection 5A for theproceeding or class ofproceeding,but in the absence of any such nomination is themention court that is nearestto—
(i) the placewhere the offence is alleged to have been committed; or
(ii) the placeof residence of theaccused; and
(b) subject to paragraphs (ca) and(e), in relation to a civilproceeding, means thecivil registry court that isnearest to—
(i) the placewhere the subject-matter of thecomplaint arose; or
(ii) the place of residence of thedefendant; and
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(ca) in relation to aproceeding inrespect of which the Specialist Family Violence Court Division hasjurisdiction (other than an interimorder under the Family Violence Protection Act 2008), means the venue of the Court atwhich the Specialist Family Violence Court Division may sit and act that theCourt determines is the most appropriate venue for the matter, having regardto the following—
(i) the placewhere the family violence the subject of theproceeding is alleged to havebeen committed;
(ii) the placeof residence of theaccused,defendant or respondent (within themeaning of theFamily Violence Protection Act 2008);
(iii) the placeof permanent or temporary residence of the person against whom the familyviolence is alleged to have been committed;
(iv) the safetyof the parties;
(v) any otherconsiderations the Court thinks relevant; and
(d) in relation to aproceeding foran interimorder under theFamily Violence Protection Act 2008or thePersonal Safety Intervention Orders Act 2010means anycivil registry court;and
(da) in relation to aproceedingunder theFamily Violence Protection Act 2008or theNational DomesticViolence Order Scheme Act 2016, means—
(i) a venue ofthe Court determined in accordance with paragraph (ca), (d) or (e); or
(ii) thecivil registry court which the Court determines is the most appropriate venuefor the matter, having regard to the following—
(A) the safety of the parties;
(B) the need to prevent disclosure of aparty'swhereabouts;
(C) the ability of the parties to attend aparticular venue of the court, taking into account their places of work,residence or any childcare requirements;
(D) the availability of family violence supportservices at particular venues of the Court;
(E) the need to manage case flow;
(F) any other considerations the Court thinksrelevant; and
(db) in relation to aproceedingunder the, means—
(i) a venue ofthe court determined in accordance with paragraph (d) or (e); or
(ii) thecivil registry court that the Court determines is the most appropriate venuefor the matter, having regard to the following—
(A) the safety of the parties;
(B) the need to prevent disclosure of aparty'swhereabouts;
(C) the ability of the parties to attend aparticular venue of the court, taking into account their places of work,residence or any childcare requirements;
(D) the availability of mediation assessmentservices at particular venues of the Court;
(E) the need to manage case flow;
(F) any other considerations the Court thinksrelevant; and
(dc) in relation to aproceeding inrespect of which theAssessment andReferral Court List has jurisdiction,means—
(i) a venue ofthe Court determined in accordance with paragraph (a), (b), (ca) or (d);or
(ii) a venue ofthe Court at which theAssessment and Referral Court List may sit and act;
(dd) in relation to aproceedingunder Part 4A of theTerrorism (Community Protection) Act 2003(other than aproceeding in respect of an offence under section 22CU of thatAct), means—
(i) the placeof residence of the supported person (within the meaning of that Part) or theperson in respect of whom it is proposed that the support and engagementorderbe made (as the case requires); or
(ii) the venueof the Court which the Court determines is the most appropriate venue for thematter, having regard to the following—
(A) the administrative and other facilitiesavailable at particular venues of the Court;
(B) the ability of the parties to attend aparticular venue of the court, taking into account the respondent's(or supported person's) place of work, residence and any childcarerequirements;
(C) the need to manage case flow;
(D) any other considerations the Court thinksrelevant;
(e) in relation to aproceeding inrespect of which the Neighbourhood Justice Division has jurisdiction,means—
(i) a venue ofthe Court determined in accordance with paragraph (a), (b), (ca) or (d);or
(ii) a venue ofthe Court at which the Neighbourhood Justice Division may sit and act;
"protective services officer" has the same meaning as in theVictoria Police Act 2013;
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"registrar" meansregistrar of the Court;
"reserve magistrate" means a person appointed undersection 9A;
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"Secretary" means theSecretary to theDepartment of Justice;
"Secretary to the Department of Health" means theDepartment Head (within themeaning of thePublic Administration Act 2004) of theDepartment of Health;
"sentence" has the same meaning as in theCriminal Procedure Act 2009;
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"sexual offence" has the same meaning as in theCriminal Procedure Act 2009;
"subordinate instrument" has the same meaning as in theInterpretation ofLegislation Act 1984;
"the rules" means rules of court jointly made by the ChiefMagistrate togetherwith one or more Deputy ChiefMagistrates, whether under the powers conferredby this Act or otherwise;
"youth justice centre" means ayouth justicecentre established undersection 478 of theChildren, Youth and Families Act 2005.
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(2) If under thePublic Administration Act 2004the name of theDepartment of Justice is changed, the reference insubsection (1) in the definitions of DepartmentandSecretaryto thatDepartment must, from the date when the name is changed, be treated as areference to theDepartment by its new name.
(3) If by or under this Act a person is requiredor permitted to serve a document, the person may serve the document by causingit to be served by another person.
