COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020 (Vic)
COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020
No. 27 of 2020
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Amendment of COVID-19 Omnibus (Emergency Measures) Act 2020
3Extension of operation of Part 2.1
4Regulations dealing with transitional matters
5Repeal of spent Chapters
6New Chapter 7 inserted
Part 3—Amendment of Acts—New temporary measures and extension of existing temporary measures
Division 1—Children, Youth and Families Act 2005
7Insertion of new Division 4A of Part 8.5A
8New section 600WA inserted
9Application of Part 1.2 principles
10Section 600ZC substituted
Division 2—Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
11Court may determine certain matters without hearing
12Repeal of Part
Division 3—Magistrates' Court Act 1989
13Additional powers of registrars
14Repeal of Part
Division 4—Occupational Health and Safety Act 2004
15New Part 16 inserted
Division 5—Public Health and Wellbeing Act 2008
16New Part 13 inserted
Part 4—Amendment of Acts—Extension of temporary measures
Division 1—Accident Compensation Act 1985
17Termination of weekly payments after expiry of entitlement period
18Repeal of Part
Division 2—Bail Act 1977
19Repeal of Part
Division 3—Corrections Act 1986
20Repeal of Part
Division 4—County Court Act 1958
21Repeal of Part
Division 5—Court Security Act 1980
22Repeal of section
Division 6—Criminal Procedure Act 2009
23Repeal of Chapter
Division 7—Education and Training Reform Act 2006
24Extension of registration period—providers of accredited senior secondary courses and senior secondary qualifications
25Extension of registration period for RTOs
26Institute may extend provisional registration of a teacher
27Institute may extend provisional registration of an early childhood teacher
28Institute may extend non-practising registration of teacher or early childhood teacher
29Institute may extend duration of permission to teach
30Repeal of Chapter
Division 8—Evidence (Miscellaneous Provisions) Act 1958
31Repeal of Part
Division 9—Family Violence Protection Act 2008
32Repeal of Part
Division 10—Fines Reform Act 2014
33Repeal of Part
Division 11—Local Government Act 2020
34Definitions
35Repeal of Part
Division 12—Oaths and Affirmations Act 2018
36Repeal of Part
Division 13—Open Courts Act 2013
37Repeal of Part
Division 14—Parliamentary Committees Act 2003
38Repeal of Part
Division 15—Personal Safety Intervention Orders Act 2010
39Repeal of Part
Division 16—Planning and Environment Act 1987
40Repeal of Part
Division 17—Sentencing Act 1991
41Repeal of Part
Division 18—Supreme Court Act 1986
42Repeal of Part
Division 19—Victorian Civil and Administrative Tribunal Act 1998
43Repeal of Part
Division 20—Workplace Injury Rehabilitation and Compensation Act 2013
44Termination of weekly payments after expiry of second entitlement period
45Repeal of Part
Part 5—Repeal of this Act
46Repeal of this Act
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Endnotes
1 General information
COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020
No. 27 of 2020
[Assented to 20 October 2020]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to amend the COVID‑19 Omnibus (Emergency Measures) Act 2020 and other Acts—
(a)to extend the operation of temporary modifications to the law of Victoria enacted for the purpose of responding to the COVID‑19 pandemic; and
(b)to provide for new temporary modifications to the law of Victoria for the purpose of responding to, and relating to, the COVID‑19 pandemic.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
Part 2—Amendment of COVID-19 Omnibus (Emergency Measures) Act 2020
3Extension of operation of Part 2.1
In section 11 of the COVID-19 Omnibus (Emergency Measures) Act 2020, for "the day that is 6 months after its commencement" substitute "26 April 2021".
4Regulations dealing with transitional matters
In section 62(1) of the COVID-19 Omnibus (Emergency Measures) Act 2020, after "2020" insert "or Part 3 of the COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020".
5Repeal of spent Chapters
Chapters 3 to 5 of the COVID-19 Omnibus (Emergency Measures) Act 2020 are repealed.
6New Chapter 7 inserted
After Chapter 6 of the COVID-19 Omnibus (Emergency Measures) Act 2020 insert—
"Chapter 7—Repeal of this Act
65Repeal of this Act
This Act is repealed on 26 April 2022.".
Part 3—Amendment of Acts—New temporary measures and extension of existing temporary measures
Division 1—Children, Youth and Families Act 2005
7Insertion of new Division 4A of Part 8.5A
After section 600O of the Children, Youth and Families Act 2005 insert—
"Division 4A—Family reunification orders
600OAPeriod of a family reunification order—modification of certain provisions
(1)This section applies to—
(a)the making of a family reunification order for a child; and
(b)the extension of a family reunification order for a child under section 294.
(2)The Court may specify a period in the order, or extend the order by a period, that will have the effect that the child will be placed in out of home care for a longer cumulative period than would otherwise be permitted under section 287A(2) or (3), or section 294A(1)(b) or 296(3) or (4), as the case requires, if—
(a)the Court is satisfied that the progress of a parent of the child towards reunification has been impeded as a result of the COVID-19 pandemic; and
(b)the Court is satisfied that it is in the best interests of the child to specify the period in the order, or extend the order by the period, as the case requires; and
(c)the period specified, or the extension, does not exceed the period for which the parent's capacity to make progress towards reunification has been impeded as a result of the COVID-19 pandemic; and
(d)specifying the period in the order, or extending the order, will not have the effect that the child will be placed in out of home care for a cumulative period that is more than 6 months longer than would otherwise have been permitted under section 287A(2) or (3), or section 294A(1)(b) or 296(3) or (4), as the case requires.
Notes
1 This section does not prevent periods being specified in increments under a particular provision, up to a total of 6 months.
2 Making or extending a family reunification order as permitted by this section can never have the effect that a child will be placed in out of home care for a cumulative period that is more than 30 months.
8New section 600WA inserted
After section 600W of the Children, Youth and Families Act 2005 insert—
"600WA Additional powers of registrars
(1)Section 539(1)(d) does not apply. Subsections (2) and (3) apply instead.
(2)A registrar has power to abridge or extend the bail of a person who has been granted bail in relation to a criminal proceeding.
(3)The power under subsection (2) may be exercised in respect of a person who has been granted bail—
(a)either—
(i)on a day on which the person's proceeding is listed before the Court; or
(ii)on any other day; and
(b)either in the presence or absence of the person.
(4)A registrar has power to adjourn a criminal proceeding or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016.
(5)A registrar has power to abridge or extend the adjournment of a criminal proceeding or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016.
(6)A registrar has power to otherwise change the time or place at which a criminal proceeding or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016 is listed before the Court.
(7)The powers under subsections (4), (5) and (6) may be exercised—
(a)either—
(i)on a day on which the proceeding is listed before the Court; or
(ii)on any other day; and
(b)either in the presence or absence of the parties.
(8)A registrar may exercise a power conferred by this section—
(a)on the application of a party; or
(b)on the registrar's own initiative.
(9)Nothing in this section empowers a registrar to vary the amount or conditions of bail.".
9Application of Part 1.2 principles
In section 600ZB(2) of the Children, Youth and Families Act 2005—
(a)for "Division 5" (where first occurring) substitute "Divisions 4A and 5";
(b)for "Division 5 relates" substitute "Divisions 4A and 5 relate".
10Section 600ZC substituted
For section 600ZC of the Children, Youth and Families Act 2005 substitute—
"600ZC Repeal of Part
This Part is repealed on 26 April 2021.".
Division 2—Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
11Court may determine certain matters without hearing
In section 120(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)in paragraphs (a), (c), (e) and (g) omit "custodial";
(b)for paragraph (b) substitute—
"(b)an application under section 31 for—
(i)a variation of a custodial supervision order; or
(ii)a variation or revocation of a non‑custodial supervision order;";
(c)for paragraph (f) substitute—
"(f)an application under section 38ZN for—
(i)a variation of a custodial supervision order; or
(ii)a variation or revocation of a non-custodial supervision order;";
(d)in paragraph (h) omit "non-custodial".
12Repeal of Part
In section 122 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 3—Magistrates' Court Act 1989
13Additional powers of registrars
(1)In the heading to section 152 of the Magistrates' Court Act 1989 omit
"—criminal proceedings".
(2)In section 152(4), (5) and (6) of the Magistrates' Court Act 1989, after "proceeding" insert "or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016".
(3)In section 152(7)(a)(i) of the Magistrates' Court Act 1989 omit "criminal".
14Repeal of Part
In section 154 of the Magistrates' Court Act 1989, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 4—Occupational Health and Safety Act 2004
15New Part 16 inserted
After Part 15 of the Occupational Health and Safety Act 2004 insert—
'Part 16—COVID-19 temporary measures
189Purpose and effect of Part
(1)The purpose of this Part is to temporarily change the operation of this Act in response to the COVID-19 pandemic.
(2)This Part applies despite anything to the contrary in—
(a)another Part of this Act; or
(b)any other Act, other than—
(i)the Charter of Human Rights and Responsibilities; or
(ii)the COVID-19 Omnibus (Emergency Measures) Act 2020; or
(iii)the Constitution Act 1975; or
(c)any subordinate instrument, other than a subordinate instrument made under—
(i)the Charter of Human Rights and Responsibilities; or
(ii)the COVID-19 Omnibus (Emergency Measures) Act 2020; or
(iii)the Constitution Act 1975; or
(d)any other law.
190Power to issue prohibition notice
Section 112 has effect as if the following subsection were inserted after section 112(1)—
"(1A)For the purposes of subsection (1), a failure to comply with a direction relating to the COVID-19 pandemic given under section 200(1)(d) of the Public Health and Wellbeing Act 2008 is taken to be an activity that involves an immediate risk to the health or safety of a person.".
191Power to give directions
Section 120 has effect as if the following subsection were inserted after section 120(1)—
"(1A)For the purposes of subsection (1), a failure to comply with a direction relating to the COVID-19 pandemic given under section 200(1)(d) of the Public Health and Wellbeing Act 2008 is taken to be an activity that involves an immediate risk to the health or safety of any person.".
192Repeal of Part
This Part is repealed on 26 April 2021.'.
Division 5—Public Health and Wellbeing Act 2008
16New Part 13 inserted
After Part 12 of the Public Health and Wellbeing Act 2008 insert—
'Part 13—COVID-19 temporary measures
Division 1—Preliminary
249Purpose and effect of Part
(1)The purpose of this Part is to temporarily change the operation of this Act in response to the COVID-19 pandemic.
(2)This Part applies despite anything to the contrary in—
(a)another Part of this Act; or
(b)any other Act, other than—
(i)the Charter of Human Rights and Responsibilities; or
(ii)the COVID-19 Omnibus (Emergency Measures) Act 2020; or
(iii)the Constitution Act 1975; or
(c)any subordinate instrument, other than a subordinate instrument made under—
(i)the Charter of Human Rights and Responsibilities; or
(ii)the COVID-19 Omnibus (Emergency Measures) Act 2020; or
(iii)the Constitution Act 1975; or
(d)any other law.
Division 2—Emergency powers measures
249ADefinitions
(1)For the purposes of this Division—
protective services officer has the same meaning as in the Victoria Police Act 2013;
Worksafe inspector means an inspector within the meaning of the Occupational Health and Safety Act 2004;
health service provider has the same meaning as in the Health Practitioner Regulation National Law.
(2)For the purposes of this Division, an authorised officer is appointed under the temporary provisions if the authorised officer is appointed under section 30(1A), as notionally inserted by section 250.
250Secretary may appoint authorised officers
Section 30 has effect as if the following subsection were inserted after section 30(1)—
"(1A)In addition to the persons who may be appointed under subsection (1), the Secretary by instrument may appoint any of the following to be an authorised officer for the purposes of this Act—
(a)a person the Secretary considers appropriate for appointment based on the person's skills, attributes or experience;
(b)a police officer;
(c)a protective services officer;
(d)a Worksafe inspector;
(e)an employee in the public sector of a State other than Victoria, or a territory;
(f)a health service provider.".
250ALimitation on the powers that may be conferred on authorised officers appointed under the temporary provisions
(1)Despite section 189, the Chief Health Officer may only authorise an authorised officer appointed under the temporary provisions to exercise the following public health risk powers—
(a)if the authorised officer is a police officer or a protective services officer, the public health risk powers referred to in sections 190(1)(c), (d), (e) and (f);
(b)if the authorised officer is a Worksafe inspector, the public health risk powers referred to in sections 190(1)(c), (d), (e), (f), (g), (h), (i), (j) and (k);
(c)if the authorised officer is a person appointed under section 30(1A)(a), the public health risk powers referred to in sections 190(1)(d) and (e);
(d)if the authorised officer is a person appointed under section 30(1A)(e) or (f), the public health risk powers specified in the authorised officer's instrument of appointment.
(2)Despite section 199, the Chief Health Officer must not authorise an authorised officer who is appointed under the temporary provisions to exercise any of the emergency powers.
Note
The emergency powers include powers to detain persons or groups of persons.
(3)This section does not limit the restrictions to which the appointment of an authorised officer may otherwise be subject under this Act.
251Modification of section 192
Section 192(2) has effect as if after "Police" (where secondly occurring) there were inserted "unless the authorised officer requesting assistance is a police officer".
Division 3—Miscellaneous
254Repeal of Part
This Part is repealed on 26 April 2021.'.
Part 4—Amendment of Acts—Extension of temporary measures
Division 1—Accident Compensation Act 1985
17Termination of weekly payments after expiry of entitlement period
In section 395(3)(b) of the Accident Compensation Act 1985, for "the day that is 6 months after the commencement of this section" substitute "31 December 2020".
18Repeal of Part
In section 396 of the Accident Compensation Act 1985, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 2—Bail Act 1977
19Repeal of Part
In section 34D of the Bail Act 1977, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 3—Corrections Act 1986
20Repeal of Part
In section 112V of the Corrections Act 1986, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 4—County Court Act 1958
21Repeal of Part
In section 79D of the County Court Act 1958, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 5—Court Security Act 1980
22Repeal of section
In section 7A(4) of the Court Security Act 1980, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 6—Criminal Procedure Act 2009
23Repeal of Chapter
In section 420ZN of the Criminal Procedure Act 2009, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 7—Education and Training Reform Act 2006
24Extension of registration period—providers of accredited senior secondary courses and senior secondary qualifications
In section 5A.2.1(2) of the Education and Training Reform Act 2006, for "6 months" substitute "12 months".
25Extension of registration period for RTOs
In section 5A.3.1(2) of the Education and Training Reform Act 2006, for "6 months" substitute "12 months".
26Institute may extend provisional registration of a teacher
In section 5A.4.1(2) of the Education and Training Reform Act 2006, for "6 months" substitute "12 months".
27Institute may extend provisional registration of an early childhood teacher
In section 5A.4.2(2) of the Education and Training Reform Act 2006, for "6 months" substitute "12 months".
28Institute may extend non-practising registration of teacher or early childhood teacher
In section 5A.4.3(2) of the Education and Training Reform Act 2006, for "6 months" substitute "12 months".
29Institute may extend duration of permission to teach
In section 5A.4.4(2) of the Education and Training Reform Act 2006, for "6 months" substitute "12 months".
30Repeal of Chapter
In section 5A.6.1 of the Education and Training Reform Act 2006, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 8—Evidence (Miscellaneous Provisions) Act 1958
31Repeal of Part
In section 191 of the Evidence (Miscellaneous Provisions) Act 1958, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 9—Family Violence Protection Act 2008
32Repeal of Part
In section 207C of the Family Violence Protection Act 2008, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 10—Fines Reform Act 2014
33Repeal of Part
In section 185D of the Fines Reform Act 2014, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 11—Local Government Act 2020
34Definitions
In section 393 of the Local Government Act 2020, in the definition of prescribed period for "1 November 2020" substitute "26 April 2021".
35Repeal of Part
In section 396 of the Local Government Act 2020, for "2 November 2020" substitute "27 April 2021".
Division 12—Oaths and Affirmations Act 2018
36Repeal of Part
In section 49H of the Oaths and Affirmations Act 2018, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 13—Open Courts Act 2013
37Repeal of Part
In section 33L of the Open Courts Act 2013, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 14—Parliamentary Committees Act 2003
38Repeal of Part
In section 55 of the Parliamentary Committees Act 2003, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 15—Personal Safety Intervention Orders Act 2010
39Repeal of Part
In section 181C of the Personal Safety Intervention Orders Act 2010, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 16—Planning and Environment Act 1987
40Repeal of Part
In section 205C of the Planning and Environment Act 1987, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 17—Sentencing Act 1991
41Repeal of Part
In section 180 of the Sentencing Act 1991, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 18—Supreme Court Act 1986
42Repeal of Part
In section 129D of the Supreme Court Act 1986, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 19—Victorian Civil and Administrative Tribunal Act 1998
43Repeal of Part
In section 158C of the Victorian Civil and Administrative Tribunal Act 1998, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Division 20—Workplace Injury Rehabilitation and Compensation Act 2013
44Termination of weekly payments after expiry of second entitlement period
In section 623N(3)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "the day that is 6 months after the commencement of this section" substitute "31 December 2020".
45Repeal of Part
In section 623O of the Workplace Injury Rehabilitation and Compensation Act 2013, for "the day that is 6 months after its commencement" substitute "26 April 2021".
Part 5—Repeal of this Act
46Repeal of this Act
This Act is repealed on the first anniversary of its commencement.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 17 September 2020
Legislative Council: 13 October 2020
The long title for the Bill for this Act was "A Bill for an Act to amend the COVID-19 Omnibus (Emergency Measures) Act 2020 and other Acts to extend the operation of temporary modifications to the law of Victoria enacted for the purpose of responding to the COVID-19 pandemic and to provide for new temporary modifications to the law of Victoria for the purpose of responding to, and relating to, the COVID-19 pandemic and for other purposes."
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