Judicial Commission of Victoria Regulations 2017 (Vic)
Version No. 001
Judicial Commission of Victoria Regulations 2017
S.R. No. 38/2017
Version as at
1 July 2017
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Definition
Part 2—Prescribed persons, bodies and information
5Prescribed persons and bodies
6Prescribed information for written notice to produce material document or thing
7Prescribed particulars for receipt for documents or things seized
8Prescribed tribunal for purposes of eligibility for appointment as Director
Part 3—Assistance for witnesses
9Reimbursement of expenses
10Attendance allowance for expert witnesses
11Attendance and general allowances for other witnesses
12Meals and accommodation
13Travelling expenses
14Evidence of expenses
Part 4—Prescribed forms
15Witness summons for hearing before an investigating panel
16Direction about a witness already held in custody
17Search warrant
18Notice of application to determine privilege
Part 5—Other matters
19Proof of age
20Additional actions before the questioning of a witness or requiring the production of documents or things
Schedule 1—Forms
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Judicial Commission of Victoria Regulations 2017
S.R. No. 38/2017
Version as at
1 July 2017
Part 1—Preliminary
1Objectives
The objectives of these Regulations are to prescribe—
(a)persons, bodies, tribunals, information and other matters necessary to be prescribed under the Judicial Commission of Victoria Act 2016; and
(b)the manner of calculating the amount of assistance provided to witnesses summoned to attend a hearing before an investigating panel; and
(c)forms for certain witness summons, notices, directions and search warrants.
2Authorising provision
These Regulations are made under section 146 of the Judicial Commission of Victoria Act 2016.
3Commencement
These Regulations come into operation on 1 July 2017.
4Definition
In these Regulations—
the Actmeans the Judicial Commission of Victoria Act 2016.
Part 2—Prescribed persons, bodies and information
5Prescribed persons and bodies
For the purposes of paragraph (g) of the definition of law enforcement agency in section 3(1) of the Act, the following persons and bodies are prescribed—
(a)the Australian Border Force;
(b)the Australian Securities and Investments Commission;
(c)the Australian Taxation Office;
(d)the Australian Transaction Reports and Analysis Centre;
(e)the Australian Crime Commission;
(f)the Chief Municipal Inspector appointed under section 223A of the Local Government Act 1989;
(g)municipal monitors appointed under section 223CA of the Local Government Act 1989.
6Prescribed information for written notice to produce material document or thing
For the purposes of section 69(2)(b) of the Act, a written notice must contain the following information—
(a)a description of how the document or thing may be produced to the investigating panel;
(b)that it is an offence for a person not to comply with a written notice under section 69 of the Act unless the person
has a reasonable excuse.
7Prescribed particulars for receipt for documents or things seized
For the purposes of section 87(2) of the Act, the prescribed particulars for a receipt for documents or things seized under a search warrant are the following—
(a)the premises where the document or thing was seized;
(b)the name of each authorised officer conducting the search;
(c)the date of the search;
(d)the time the document or thing was seized;
(e)the description of the document or thing;
(f)the location of the document or thing when seized;
(g)the name of the person from whom the document or thing was seized.
8Prescribed tribunal for purposes of eligibility for appointment as Director
For the purposes of section 128(3)(a) of the Act, the following tribunals are prescribed—
(a)the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1975 of the Commonwealth;
(b)the ACT Civil and Administrative Tribunal established under the ACT Civil and Administrative Tribunal Act 2008 of the Australian Capital Territory;
(c)the Northern Territory Civil and Administrative Tribunal established under the Northern Territory Civil and Administrative Tribunal Act of the Northern Territory;
(d)the Civil and Administrative Tribunal of New South Wales established under the Civil and Administrative Tribunal Act 2013 of New South Wales;
(e)the Queensland Civil and Administrative Tribunal established under the Queensland Civil and Administrative Tribunal Act 2009 of Queensland;
(f)the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013 of South Australia;
(g)the State Administrative Tribunal established under the State Administrative Tribunal Act 2004 of Western Australia.
Part 3—Assistance for witnesses
9Reimbursement of expenses
(1)For the purposes of section 83 of the Act, the prescribed allowance for expenses incurred in complying with a witness summons is set out in this Part.
(2)An allowance under this Part must not be paid to—
(a)a person whose conduct is being investigated by the Judicial Commission or, in the case of a body corporate, its representative; or
(b)a prisoner of the Crown.
10Attendance allowance for expert witnesses
A witness who is called to attend a hearing before an investigating panel or to produce documents or other things to an investigating panel in a professional or expert capacity is entitled to reimbursement of the amount of income actually lost in attending the hearing up to $300 per hour, but not exceeding $1500 per day.
11Attendance and general allowances for other witnesses
(1)This regulation applies to a witness who is called to attend a hearing before an investigating panel or to produce documents or other things to an investigating panel other than in a professional or expert capacity.
(2)A witness who is engaged in an income-producing occupation and loses income because of their attendance at a hearing before an investigating panel or their attendance to produce documents or things to an investigating panel is entitled to reimbursement of the amount of income actually lost up to $100 per hour, but not exceeding $600 per day.
(3)A witness who is not engaged in an income‑producing occupation but who necessarily incurs expenditure (other than childcare expenses) because of their attendance at a hearing before an investigating panel or their attendance to produce documents or things to an investigating panel that is not provided for in regulation 12 is entitled to reimbursement of the amount of the actual expenditure incurred, up to a maximum of $50 for each day.
(4)If a witness incurs childcare expenses because of their attendance at a hearing before an investigating panel or their attendance to produce documents or things to an investigating panel, the witness is entitled to reimbursement of those reasonable childcare expenses.
12Meals and accommodation
(1)A witness who is called to attend a hearing before an investigating panel or to produce documents or other things to an investigating panel, and who is necessarily absent from their home by reason of their attendance, is entitled to be paid the following allowances for meals during their absence—
(a)if the witness is absent from their home overnight—
Capital city Any other location Breakfast $17.70 $15.75 Lunch $19.75 $18.05 Dinner $34.05 $31.15 Total $71.50 $64.95 ; (b)if the witness is absent for a part of a day only, departing and returning the same day—
Breakfast $12.40 Lunch $12.40 Dinner $16.50 Total $41.30 .
(2)Despite subregulation (1), a witness is only entitled to be paid an allowance—
(a)for breakfast, if the witness is absent from their home by reason of their attendance at the examination between 7.00 a.m. and 9.30 a.m.; and
(b)for lunch, if the witness is absent from their home by reason of their attendance at the examination between 12.00 p.m. and 3.00 p.m.; and
(c)for dinner, if the witness is absent from their home by reason of their attendance at the examination between 6.00 p.m. and 8.00 p.m.
(3)A witness who is called to attend a hearing before an investigating panel or to produce documents or other things to an investigating panel, and who is necessarily absent from their home overnight because of their attendance at the hearing is entitled to a reimbursement of the cost incurred by them of alternative accommodation, up to a maximum of $150 for each night of their absence.
13Travelling expenses
(1)Subject to subregulation (2), a witness who is called to attend a hearing before an investigating panel or to produce documents or other things to an investigating panel, is entitled to be paid an allowance in respect of the expense of travelling to and from the place where the witness is required to attend equal to the cost of the most economical form of transport having regard to—
(a)the distance required to be travelled; and
(b)the time spent travelling; and
(c)whether any income was lost when travelling; and
(d)any other matter the Judicial Commission considers relevant.
(2)If the witness uses their own vehicle, the witness is entitled to an allowance of 18 cents for each kilometre travelled to or from the place where the witness is required to attend.
14Evidence of expenses
The Judicial Commission must not approve the payment of an amount to a witness under this Part unless the witness produces to the satisfaction of the Judicial Commission evidence—
(a)in the case of regulations 10 or 11(2), that as a result of attending the hearing or producing documents or things the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income‑producing occupation; and
(b)in the case of regulations 11(3) or (4) or 12(3), of the expenditure or cost incurred by the witness; and
(c)in the case of regulation 12(1), that the witness was absent from their home by reason of attendance at a hearing at the relevant times specified in regulation 12(2); and
(d)in the case of regulation 13(1), of the cost of the most economical form of transport.
Part 4—Prescribed forms
15Witness summons for hearing before an investigating panel
For the purposes of section 71 of the Act, the prescribed form of a witness summons is Form 1 in Schedule 1.
16Direction about a witness already held in custody
For the purposes of section 75(2)(a) of the Act, the prescribed form of a direction as to a witness already held in custody is Form 2 in Schedule 1.
17Search warrant
For the purposes of section 84(3) of the Act, the prescribed form of a search warrant is Form 3 in Schedule 1.
18Notice of application to determine privilege
For the purposes of section 94(6) of the Act, the prescribed form of a notice of an application to determine a claim of privilege is Form 4 in Schedule 1.
Part 5—Other matters
19Proof of age
For the purposes of section 72(2) of the Act, the following constitutes proof of age—
(a)an Australian birth certificate or certified birth extract;
(b)an Australian passport;
(c)a passport issued by another country;
(d)any other document or evidence that satisfies the investigating panel about a person's age.
20Additional actions before the questioning of a witness or requiring the production of documents or things
For the purposes of section 77(1)(e) of the Act, the investigating panel must take the following actions before a witness is asked any questions or required to produce a document or thing—
(a)if the investigating panel administers an oath or affirmation to a witness under section 78 of the Act and the witness is using an interpreter, the investigating panel must administer an oath or affirmation to the interpreter in accordance with section 22(2) of the Evidence Act 2008;
(b)if the witness is required to be accompanied by a parent, guardian or an independent person, inform that parent, guardian or independent person of the witness' rights and obligations as specified in section 77(1)(c) of the Act.
Schedule 1—Forms
FORM 1
Regulation 15
Judicial Commission of Victoria Act 2016
WITNESS SUMMONS
TO: [insert name of person to whom witness summons is directed]
ADDRESS: [insert address]
THIS WITNESS SUMMONS IS IMPORTANT.
PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS WITNESS SUMMONS
MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY.
The Judicial Commission of Victoria requires you under section 70 of the Judicial Commission of Victoria Act 2016 to attend to give evidence at a hearing before an investigating panel or to produce documents or other things to an investigating panel.
When and where must you attend?
You must attend at [insert address] *immediately/*on [insert date] at [insert time] *a.m./*p.m.
What are you required to do?
You will be required to produce to the investigating panel the following documents or things that are in your possession or control:
[specify documents or things]
[name]
[title]
Date: [insert date]
[attach statement outlining specified matters with respect to the witness summons]
* Delete if not applicable.
FORM 2
Regulation 16
Judicial Commission of Victoria Act 2016
DIRECTION ABOUT A WITNESS ALREADY HELD IN CUSTODY
TO: [insert name of person in charge of place where witness is held in custody]
AT: [insert name and address of place where person is held in custody]
In accordance with section 75 of the Judicial Commission of Victoria Act 2016 ("the Act"), I direct that [name of person in custody] born on [insert date of birth of person held in custody] who is detained at [insert name of place where person is held in custody] be delivered into the custody of [insert name of person to whom the person in custody is to be delivered] to be brought before the investigating panel
AT: [insert address to which person in custody is to be brought]
ON: [insert date on which person in custody is to be brought]
AT: [insert time when person in custody is to be brought]
to *provide information/*produce a document or thing/*give evidence as required by the witness summons issued for the purposes of an investigation under Part 4 of the Act and directed to the person who is the subject of this direction.
Note: If the person who is the subject of this direction is under the age of 16 years at the date this direction is given, this direction is of no effect and the person is not required to attend the investigating panel.
[name]
[title]
Date: [insert date]
* Delete if not applicable.
FORM 3
Regulation 17
Judicial Commission of Victoria Act 2016
SEARCH WARRANT
Court Ref.:
[name and/or description of person or document or thing]
The premises, vehicle, vessel or aircraft that is authorised to be searched is:
*[number and name of street and suburb of premises to be searched]
*[identifying details of vehicle/vessel/aircraft]
Purpose for search: [insert information on purpose for search]
This search warrant authorises:
*[name, rank/title, agency and address]
*all members of the police force
to enter and search the:
*specified premises
*specified vehicle located in a public place named or described in this warrant
*specified vessel located in a public place named or described in this warrant
*specified aircraft located in a public place named or described in this warrant
·to inspect any document or thing; and
·to make a copy of any document relevant to the investigation; and
·to take possession of any document or other thing relevant to the investigation.
* This search warrant is subject to the following conditions:
[insert details of conditions]
Entry is authorised under this search warrant *at any time/*between [insert times between which entry is authorised].
This search warrant ceases to have effect on [insert day, not later than 28 days after the issue of the search warrant].
This search warrant is authorised by section 84 of the Judicial Commission of Victoria Act 2016.
Issued at *a.m./*p.m. on by ,*Judge of the Supreme Court of Victoria
[signature of Judge]
* Delete if not applicable.
FORM 4
Regulation 18
Judicial Commission of Victoria Act 2016
NOTICE OF APPLICATION TO DETERMINE CLAIM OF PRIVILEGE
TO: [insert name of person who has made claim of privilege]
ADDRESS: [insert address]
You are notified that the Judicial Commission of Victoria has applied to the Supreme Court under section 94 of the Judicial Commission of Victoria Act 2016 for a determination of your claim of privilege with respect to [insert details of the claim of privilege being made].
[name]
[title]
Date: [insert date]
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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.
The Judicial Commission of Victoria Regulations 2017, S.R. No. 38/2017 were made on 6 June 2017 by the Governor in Council under section 146 of the Judicial Commission of Victoria Act 2016, No. 16/2016 and came into operation on 1 July 2017: regulation 3.
The Judicial Commission of Victoria Regulations 2017 will sunset 10 years after the day of making on 6 June 2027 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Judicial Commission of Victoria Regulations 2017 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
No entries at date of publication.
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