COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) and (Integrity Entities) Amendment Regulations 2020 (Vic)
COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) and (Integrity Entities) Amendment Regulations 2020
S.R. No. 120/2020
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
Part 2—Amendments to the COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020
3New regulation 19A inserted
4New regulation 25A inserted
5Regulation 26 substituted
6New Division 3 of Part 9 inserted
Part 3—Amendments to the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020
7Amendment of Regulation 1
8New Regulation 3A inserted
9New Part 7A inserted
10Regulation 37 substituted
11Regulation 39 substituted
12New Division 4 of Part 9 inserted
13New Parts 10 and 11 inserted
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Endnotes
STATUTORY RULES 2020
S.R. No. 120/2020
COVID-19 Omnibus (Emergency Measures) Act 2020
COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) and (Integrity Entities) Amendment Regulations 2020
The Governor in Council, on the recommendation of the Attorney-General, makes the following Regulations:
Dated: 4 November 2020
Responsible Minister:
JILL HENNESSY
Attorney-GeneralCLAIRE CHISHOLM
Clerk of the Executive Council
Part 1—Preliminary
1Objective
The objective of these Regulations is to amend the COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020 and the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020—
(a)to enable the Chief Justice and Chief Judge to defer the jury service of, or excuse from jury service, a class of persons whose activities are restricted in accordance with a direction by an authorised officer under Part 10 of the Public Health and Wellbeing Act 2008 in relation to the COVID-19 pandemic; and
(b)to further provide for the conduct of proceedings on the basis of documents, and for notice of hearings conducted by audio link or audio visual link, under the Victorian Civil and Administrative Tribunal Act 1998; and
(c)to modify the conduct of proceedings under the Crimes Act 1958 to allow certain hearings relating to forensic procedures to occur using audio visual link; and
(d)to modify the application of provisions of the Crimes (Controlled Operations) Act 2004, the Surveillance Devices Act 1999, the Telecommunications (Interception) (State Provisions) Act 1988 and the Victorian Inspectorate Act 2011 to limit the records the Victorian Inspectorate is required to inspect; and
(e)to modify the application of provisions of the Public Interest Monitor Regulations 2013 to allow the Public Interest Monitor to receive documents through secure electronic means.
2Authorising provision
These Regulations are made under section 4 of the COVID-19 Omnibus (Emergency Measures) Act 2020.
Part 2—Amendments to the COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020
3New regulation 19A inserted
After regulation 19 of the COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020[1] insert—
'19AJury service exemption directions
The Juries Act 2000 applies as if, after Part 2 of that Act, there were inserted—
"Part 2A—Temporary measures in response to COVID-19 pandemic
17APurpose of Part
The purpose of this Part is to change the operation of this Act in response to the COVID-19 pandemic.
17BDefinitions for this Part
In this Part—
head of jurisdiction means—
(a)in the case of the Supreme Court, the Chief Justice; or
(b)in the case of the County Court, the Chief Judge;
COVID-19 activity restriction means a direction made by an authorised officer under Part 10 of the Public Health and Wellbeing Act2008 in respect of the COVID-19 pandemic that restricts the activities or movements of a person or a class of person;
jury service exemption direction means a direction made under section 17C.
17CHead of jurisdiction may make jury service exemption direction
(1)A head of jurisdiction, in respect of persons eligible for jury service in any proceeding in that head's jurisdiction may, by direction, do either or both of the following—
(a)defer the jury service of a class of persons to whom a COVID-19 activity restriction applies;
(b)excuse from jury service a class of persons to whom a COVID-19 activity restriction applies.
(2)A jury service exemption direction must be published on the website of the court of the head of jurisdiction who made the direction.
(3)A head of jurisdiction must consult with the other head of jurisdiction before making a jury service exemption direction.
(4)Before making a jury service exemption direction, a head of jurisdiction must be satisfied that the direction—
(a)is consistent with any COVID-19 activity restriction or any other directions made by an authorised officer under Part 10 of the Public Health and Wellbeing Act 2008 in relation to the COVID-19 pandemic; and
(b)is reasonable, in managing or responding to the COVID-19 pandemic—
(i)to protect the health, safety or welfare of persons in relation to the administration of justice or law; or
(ii)for the effective or efficient administration of justice or law.
(5)In making a jury service exemption direction, a head of jurisdiction may have regard to expert advice regarding public health issues associated with jury trials during the COVID-19 pandemic.
17DContents of jury service exemption directions
A jury service exemption direction must specify—
(a)the class of person excused from jury service, or whose jury service is deferred, by the direction; and
(b)the date on which the jury service exemption direction takes effect; and
(c)the period for which the jury service is deferred or excused.
17EJuries Commissioner to be provided with jury service exemption direction
If a head of jurisdiction makes a jury service exemption direction, the head of jurisdiction must cause a copy of the direction to be provided to the Juries Commissioner.
17FEffect of jury service exemption direction
(1)The jury service of a person who is a member of a class of person to whom a jury service exemption direction applies is deferred or excused (as the case requires) in accordance with the terms of the direction applying to that class of person.
(2)A jury service exemption direction does not apply to a person who is already serving as an empanelled juror.'.
4New regulation 25A inserted
In Division 2 of Part 9 of the COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020, before regulation 26 insert—
'25A Temporary measures relating to notice of hearing
Section 99 of the Victorian Civil and Administrative Tribunal Act 1998 applies as if after section 99(2) of that Act there were inserted—
"(3)In this section, a reference to 'place for the hearing of a proceeding' includes a hearing to be held by audio link or audio visual link.".'.
5 Regulation 26 substituted
For regulation 26 of the COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020 substitute—
'26 Temporary measures to provide for the conduct of hearings
The Victorian Civil and Administrative Tribunal Act 1998 applies as if for section 100(2) of that Act there were substituted—
"(2)The Tribunal may conduct all or part of a proceeding entirely on the basis of documents, without the appearance of the parties or their representatives or witnesses, unless a party objects to the proceeding being conducted in this manner.
(3)If a party objects to the conduct of all or part of a proceeding entirely on the basis of documents, without the appearance of the parties or their representatives or witnesses, the Tribunal may proceed, despite that objection, entirely on the basis of documents, without the appearance of the parties or their representatives or witnesses, if the Tribunal is satisfied that the party's objection is not reasonable.".'.
6New Division 3 of Part 9 inserted
After regulation 30 of the COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020 insert—
'Division 3—Modification of application of provisions of the Crimes Act 1958
31Court order for forensic procedure
Section 464T(4) of the Crimes Act 1958 applies as if, after "present" there were inserted "in court or appearing by audio visual link".
32Court order for forensic procedure for a child
Section 464U(11) of the Crimes Act 1958 applies as if after "present" there were inserted "in court or appearing by audio visual link".
33Compulsory attendance at hearings once interim order made
Section 464V(6) of the Crimes Act 1958 applies as if for paragraphs (c) and (d) of that subsection there were substituted—
"(c)the further hearing may be conducted by audio visual link; and
(d)the person on whom the compulsory procedure is conducted must attend the further hearing and may do so by audio visual link.".'.
Part 3—Amendments to the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020
7Amendment of Regulation 1
In regulation 1 of the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020[2]—
(a)after "following Acts" insert "and Regulations"; and
(b)before paragraph (a) insert—
"(aa)the Crimes (Controlled Operations) Act 2004; and"; and
(c)after paragraph (f) insert—
"(fa)the Public Interest Monitor Regulations 2013; and
(fb)the Surveillance Devices Act 1999; and".
8New Regulation 3A inserted
After regulation 3 of the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020 insert—
"3A General
The application of an Act, a provision of an Act, a Regulation or a provision of a Regulation referred to in a Part of these Regulations is modified as set out in the applicable Part or regulation.".
9New Part 7A inserted
After Part 7 of the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020 insert—
'Part 7A—Modification of application of provisions of Public Interest Monitor Regulations 2013
35AMeanings given by Public Interest Monitor Act and Regulations apply
Expressions used in this Part have the same meanings as they have in the Public Interest Monitor Act 2011 and the Public Interest Monitor Regulations 2013.
35BProvision of documents
Regulation 4 of the Public Interest Monitor Regulations 2013 applies as if, for the definition of secure delivery there were substituted—
"secure delivery means delivery of documents or information—
(a)in a double-sealed envelope by—
(i) a member of the law enforcement agency that made the application to which the documents relate; or
(ii)a member of Victoria Police personnel; or
(iii)a secure courier; or
(b)by secure attachment to an email; or
(c)by other secure electronic means;".
35CDocument register to be kept
Regulation 24 of the Public Interest Monitor Regulations 2013 applies as if for regulation 24(c) there were substituted—
"(c)the date any hard copy documents are returned to the applicant;
(d)the date by which any documents received by email attachment or other secure electronic means are dealt with under regulation 26(b).".
35DReturn of application documents
Regulation 26 of the Public Interest Monitor Regulations 2013 applies as if for that regulation there were substituted—
"26 Return of application documents
A Public Interest Monitor must, in relation to any relevant application or application for a counter-terrorism intelligence protection order where an application or a supporting affidavit has been provided to the Public Interest Monitor by the relevant law enforcement agency or, in relation to regulations 10A, 12A or 15A, where any document has been so provided—
(a)in the case of documents received in hard copy, return that hard copy as soon as practicable after the application has been determined; or
(b)in the case of documents delivered by email attachment or other secure electronic means—
(i)ensure that no copy of the document is retained; or
(ii) if it is not practicable to comply with subparagraph (i), destroy the document; or
(iii) if it is not practicable to comply with subparagraph (i) or (ii), ensure that the document is retained in a secure form.".'.
10Regulation 37 substituted
For regulation 37 of the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020 substitute—
'37 Regular inspections of records of Police Force
Section 11 of the Telecommunications (Interception) (State Provisions) Act 1988 applies as if, after subsection (1) there were inserted—
"(1A)Despite subsection (1), for the financial year ending on 30 June 2020, the Victorian Inspectorate may complete its second inspection as soon as practicable after the end of that financial year.
(1B)For the purpose of an inspection under this section, for the financial year ending on 30 June 2021, the Victorian Inspectorate is not required under this section to inspect all records of the Police Force and may determine which records to inspect.".'.
11Regulation 39 substituted
For regulation 39 of the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020 substitute—
'39 Regular inspections of records of the IBAC
Section 14 of the Telecommunications (Interception) (State Provisions) Act 1988 applies as if, after subsection (1) there were inserted—
"(1A)Despite subsection (1)(b), for the financial year ending on 30 June 2020, the Victorian Inspectorate may complete its second inspection as soon as practicable after the end of that financial year.
(1B)For the purpose of an inspection under this section, for the financial year ending on 30 June 2021, the Victorian Inspectorate is not required under this section to inspect all records of the IBAC and may determine which records to inspect.".'.
12 New Division 4 of Part 9 inserted
After Division 3 of Part 9 of the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020 insert—
'Division 4—Inspection of records
50Specific powers in relation to the Public Interest Monitors
Section 13 of the Victorian Inspectorate Act 2011 applies as if, after subsection (2) there were inserted—
"(2A)For the purposes of an inspection under this section, for the financial year ending on 30 June 2021, the Victorian Inspectorate is not required under this section to inspect all relevant records of the Public Interest Monitor and may determine which records to inspect.".'.
13New Parts 10 and 11 inserted
After Part 9 of the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020 insert—
'Part 10—Modification of application of provisions of Crimes (Controlled Operations) Act 2004
51Meanings given by the Crimes (Controlled Operations) Act 2004 apply
Expressions used in this Part have the same meanings as they have in the Crimes (Controlled Operations) Act 2004.
52Inspection of records by Victorian Inspectorate
Section 42 of the Crimes (Controlled Operations) Act 2004 applies as if after subsection (1) there were inserted—
"(1A)For the purpose of an inspection under this section, for the financial year ending on 30 June 2021, the Victorian Inspectorate is not required under this section to inspect all records of the law enforcement agency and may determine which records to inspect.".
Part 11—Modification of application of provisions of Surveillance Devices Act 1999
53Meanings given by the Surveillance Devices Act 1999 apply
Expressions used in this Part have the same meanings as they have in the Surveillance Devices Act 1999.
54Inspection of records by Victorian Inspectorate
Section 30P of the Surveillance Devices Act 1999 applies as if, after subsection (1) there were inserted—
"(1A)For the purpose of an inspection under this section, for the financial year ending on 30 June 2021, the Victorian Inspectorate is not required under this section to inspect all records of the law enforcement agency and may determine which records to inspect.".'.
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Endnotes
[1] Reg. 3: S.R. No. 45/2020.
[2] Reg. 7: S.R. No. 38/2020.
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