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4IB Jurisdiction of Specialist Family Violence Court Division

(1)The Specialist Family Violence Court Division has jurisdiction to deal with any of the following matters if the matter is within the jurisdiction of the Magistrates' Court and arises from or includes allegations of family violence by a person—

(a)proceedings for or with respect to the following orders under the Family Violence Protection Act 2008—

(i)a family violence intervention order under that Act; or

(ii)a counselling order or an order under section 137 of that Act;

(b)proceedings under the Vexatious Proceedings Act 2014 in relation to intervention order legislation within the meaning of that Act;

(c)a proceeding for a declaration under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016;

(d)civil proceedings for or with respect to damages for personal injury;

(e)matters arising under—

(i)the Family Law Act 1975 of the Commonwealth; or

(ii)the Child Support (Assessment) Act 1989 of the Commonwealth;

(f)proceedings for or with respect to the trial of a person for a summary offence or an indictable offence that may be heard and determined summarily;

(g)proceedings for or with respect to the committal for trial of a person for an indictable offence;

(h)proceedings for an order under Division 1 or 2 of Part 4 of the Sentencing Act 1991 that arise from an offence referred to in paragraph (f).

Division 1 of Part 4 of the Sentencing Act 1991 deals with restitution. Division 2 of Part 4 of the Sentencing Act 1991 deals with compensation.

(2)Despite anything to the contrary in the Victims of Crime Assistance Act 1996, if the act of violence to which an application under that Act relates is family violence by a person—

(a)the Specialist Family Violence Court Division has jurisdiction to deal with the application; and

(b)in dealing with the application, the Specialist Family Violence Court Division has the same functions, powers and duties as the Victims of Crime Assistance Tribunal; and

(c)for the purposes of the application and any subsequent review of a decision relating to the application, the Specialist Family Violence Court Division is taken to constitute the Victims of Crime Assistance Tribunal.

(3)The Specialist Family Violence Court Division also has—

(a)jurisdiction to deal with a breach of an order referred to in subsection (1)(a), including any offence constituted by such a breach; and

(b)any other jurisdiction given to it by or under this or any other Act.

(4)Subject to and in accordance with the rules, a proceeding may be transferred to the Specialist Family Violence Court Division, whether sitting at the same or a different venue, but only if the venue where the Specialist Family Violence Court Division is sitting is the proper venue referred to in paragraph (ca) of the definition of proper venue.

(5)Subject to and in accordance with the rules, the Specialist Family Violence Court Division may transfer a proceeding (including a proceeding transferred to it under subsection (4)) to the Court, sitting other than as the Specialist Family Violence Court Division, at the same or a different venue.

(6)Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act.