VPRS 15076 Magistrates' Court Alternative Procedures Register (1971-1988); Maintenance and Family Law Register (1982-1987)

Alternative Procedure, as its name suggests, provides a second avenue for the redress of specified infringements. The process seeks to avoid many of the more cumbersome aspects of the court system and also to provide a speedier resolution of simple or routine cases.If a defendant in an action does not elect to defend the claim, then the case may be heard in chambers by a Stipendiary Magistrate. This alternative to a normal court appearance is known as Alternative Procedure.If the magistrate believes that the case warrants a penalty of either a term of imprisonment or, in the case of a traffic infringement, suspension or cancellation of a licence, then the action is adjourned to be heard in open court in the normal way. The exception to this is in the case of a driver's probation licence; this will not be heard in open court.The specified infringements in respect of which Alternative Procedure may be used are:(a) Parking Infringements and Traffic Infringements within the meaning of part V11 of the Transport Act 1983,(b) Offences against the Transport Act 1983 (except offences against section 105, 112 and 113) and the regulations made under the Transport Act 1983,(c) Offences against Motor Car Act 1958 (except offences against section 13(2), 28, 80, 80A, 81A, 82, 82A, 84, 85, 86, 87,(d) Offences Against the Motor Boating Act 1961 and regulations made thereunder,(e) Offences against the Litter Act 1964, section 3,(f) Offences against the Dog Act 1970, sections 4, 11-16, 18-20, and 25,(g) Parking Offences within the meaning of Schedule 5 of the Housing Act 1983,(h) Offences against the Companies (Victoria) Code, sections 113, 217, 238, and 263, and(i) Offences Against the Weights and Measures Act 1958 and regulations made thereunder. (Source: Magistrates' (Summary Proceedings) Act 1975; amended by Housing Act 1983, Schedule 1 and Transport Act 1983, Schedule 12.).The Maintenance Act 1928 established provisions for maintenance support to be provided by husbands who had left their wives or children without means of support. Courts of Petty Sessions were empowered to hear complaints regarding desertion and to set levels and enforce the payment of maintenance. The Maintenance Act 1965 is still in force in Victoria (as at 1992). The Commonwealth Family Law Act 1975 also has provision for the granting of custody and maintenance and most orders are now made under this Act.Most courts maintained a separate register for maintenance and family law matters, although the register was in the same format as all other Petty Sessions court registers.The Family Law Act 1975 provided for the making of all custodial orders for children of a marriage. The Family Court of Australia cannot enforce its own orders. Many applications detailed in these registers relate to the filing of orders and enforcement of orders made by the Family Court of Australia. The Magistrates Court however does have enforcement powers in some situations and has the power to determine custody orders in cases where both parties agree to have the case heard in the Magistrates Court.Maintenance and Family Law Registers were used to record three types of maintenance matters: applications for the court to set a level of maintenance; applications for the court to vary the level of maintenance and applications for the court to enforce payments to be made where maintenance orders had been breached. Failure to comply resulted in the imprisonment of the defendant.Maintenance and Family Law Registers provide details of the names of the complainant (usually the wife) and the defendant (usually the husband), the nature of the matter before the court and the court's decision.