Justice Legislation Amendment Act 2022 (Vic)
Justice Legislation Amendment Act 2022
No. 20 of 2022
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Crimes at Sea Act 1999
3Definitions
4Schedule 1—clause 10 repealed
5Adjacent areas
6Schedule 1—Appendix 1 substituted
Part 3—Amendment of Equal Opportunity Act 2010
7Religious schools
8New section 176B inserted
Part 4—Amendment of Charter of Human Rights and Responsibilities Act 2006
9Recognition and equality before the law
10Protection from torture and cruel, inhuman or degrading treatment
11Privacy and reputation
12Freedom of thought, conscience, religion and belief
13Freedom of expression
14Protection of families and children
15Cultural rights
16Property rights
17Right to liberty and security of person
18Children in the criminal process
19Rights in criminal proceedings
20Right not to be tried or punished more than once
21Statements of compatibility
22Override by Parliament
23Action on declaration of inconsistent interpretation
24Reports to be laid before Parliament
Part 5—Amendment of Judicial College of Victoria Act 2001
25Establishment of the College
26Powers of the College
27Delegation
28Board of directors
29Vacancies and removal of appointed directors from office
30Alternate directors
31Meetings of the Board
32New section 21 inserted
Part 6—Amendment of Magistrates' Court Act 1989
Division 1—Magistrates' Court Act 1989
33Definitions
34Rules of Court
35Rules of Court
Division 2—Consequential amendment of other Acts
36Rules of court and practice directions for Magistrates' Court—Family Violence Protection Act 2008
37Rules of court and practice directions for Magistrates' Court—Personal Safety Intervention Orders Act 2010
38Amendment of Victims of Crime Assistance Act 1996
Part 7—Victorian Civil and Administrative Tribunal Act 1998—federal subject matter
39Definitions
40Schedule 2 amended
Part 8—Amendments relating to integrated birth certificates
Division 1—Amendment of the Births, Deaths and Marriages Registration Act 1996
41Objects of Act
42Definitions
43Search of Register
44New section 45A inserted
45Issue of certificate
46New section 46A inserted
47Registrar to provide certain information to Minister—statute law revision
Division 2—Amendment of the Adoption Act 1984
48Certain entries to be marked "adopted"
49Register of Adoptions not open for search
50Access to birth certificates of adopted persons
Part 9—Amendment of Adoption Act 1984
51Definitions
52Approved counsellors
53Discharge of adoption orders
54Court may dispense with consents
55Declarations of validity of foreign adoptions
56Section 87 substituted
57Other person's right to information
58New section 100A inserted
59Adoption Information Service
60Agency etc. to comply with request for information
Part 10—Amendment of Gender Equality Act 2020
61Definitions
62Appointment
63Acting Commissioner
64Section 46 substituted
65New section 46A inserted
66Publication of personal information prohibited
67New Part 8A inserted
Part 11—Repeal of this Act
68Repeal of this Act
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Endnotes
1 General information
Justice Legislation Amendment Act 2022
No. 20 of 2022
[Assented to 31 May 2022]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Crimes at Sea Act 1999 to update references to Commonwealth legislation; and
(b)to amend the Equal Opportunity Act 2010 in relation to secrecy provisions and an exemption relating to religious schools; and
(c)to amend the Charter of Human Rights and Responsibilities Act 2006 to use gender inclusive language; and
(d)to make miscellaneous amendments to the Judicial College of Victoria Act 2001; and
(e)to amend the Magistrates' Court Act 1989 in relation to rule making powers; and
(f)to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to federal subject matter; and
(g)to amend the Births, Deaths and Marriages Registration Act 1996 to provide for the issue of integrated birth certificates to adopted persons; and
(h)to amend the Adoption Act 1984 in relation to accessing certain information about adoptions; and
(i)to amend the Gender Equality Act 2020 to enable the Commissioner and specified persons to use or disclose information obtained under Division 3 of Part 7 of that Act in certain circumstances.
2Commencement
(1)This Act, except for section 7, Part 5, Part 8 (except for section 47) and sections 54, 57, 58, 59 and 60, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsections (3), (4) and (5), section 7, Part 5, Part 8 (except for section 47) and sections 54, 57, 58, 59 and 60 come into operation on a day or days to be proclaimed.
(3)If sections 57, 58, 59 and 60 do not come into operation before 5 October 2022, they come into operation on that day.
(4)If section 7, Part 5 or section 54 do not come into operation before 5 April 2023, those provisions come into operation on that day.
(5)If a provision of Part 8 (other than section 47) does not come into operation before 5 October 2023, it comes into operation on that day.
Part 2—Amendment of Crimes at Sea Act 1999
3Definitions
In clause 1(1) of Schedule 1 to the Crimes at Sea Act 1999, the definition of '"Area A of the Zone of Cooperation"' is repealed.
4Schedule 1—clause 10 repealed
Clause 10 of Schedule 1 to the Crimes at Sea Act 1999 is repealed.
5Adjacent areas
(1)In clause 14 of Schedule 1 to the Crimes at Sea Act 1999—
(a)in subclauses (1) and (2)(a), for "Schedule 2 to the Petroleum (Submerged Lands) Act 1967 (Commonwealth)" substitute "Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth";
(b)in subclause (2)(b), for "subsection (7) of section 5A of the Petroleum (Submerged Lands) Act 1967 (Commonwealth)" substitute "subsection (2) of section 8 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth".
(2)For clause 14(3) of Schedule 1 to the Crimes at Sea Act 1999 substitute—
'(3)The "adjacent area" for Western Australia is—
(a)so much of the area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth in relation to Western Australia as is within the outer limits of the continental shelf; and
(b)the space above and below the area described in paragraph (a).'.
(3)In clause 14(4) of Schedule 1 to the Crimes at Sea Act 1999—
(a)for paragraph (a) substitute—
"(a)so much of the area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth in relation to the Northern Territory as is within the outer limits of the continental shelf; and";
(b)in paragraph (b), for "subsection (3) of section 5A of the Petroleum (Submerged Lands) Act 1967 (Commonwealth)" substitute "subsection (1) of section 8 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth".
6Schedule 1—Appendix 1 substituted
For Appendix 1 to Schedule 1 to the Crimes at Sea Act 1999 substitute—
"Appendix 1—Indicative map
".
Part 3—Amendment of Equal Opportunity Act 2010
7Religious schools
After section 83(2) of the Equal Opportunity Act 2010 insert—
"(3)This section does not permit discrimination on the basis of any attribute other than as specified in subsection (2).".
8New section 176B inserted
After section 176A of the Equal Opportunity Act 2010 insert—
"176B Other exceptions
(1)Nothing in section 176(3) or (4) prevents a person to whom section 176 applies disclosing or communicating information or producing in a court any document containing information to which that section applies if the disclosure, communication or production—
(a)is necessary to prevent a credible and imminent threat of harm to one or more persons; or
(b)is necessary to comply with a mandatory reporting obligation; or
(c)is necessary for the determination by VCAT of an application for review made under section 50(1) of the Freedom of Information Act 1982 regarding a decision made in response to a request under that Act for a document or information in a document held by the Commission.
(2)A person to whom section 176 applies does not commit an offence against section 176(3) or (4) if the person discloses, communicates or produces information in the circumstances set out in subsection (1)(a), (b) or (c).".
Part 4—Amendment of Charter of Human Rights and Responsibilities Act 2006
9Recognition and equality before the law
In section 8(2) of the Charter of Human Rights and Responsibilities Act 2006, for "his or her" substitute "their".
10Protection from torture and cruel, inhuman or degrading treatment
In section 10(c) of the Charter of Human Rights and Responsibilities Act 2006, for "his or her" substitute "that person's".
11Privacy and reputation
In section 13(a) and (b) of the Charter of Human Rights and Responsibilities Act 2006, for "his or her" substitute "that person's".
12Freedom of thought, conscience, religion and belief
In section 14 of the Charter of Human Rights and Responsibilities Act 2006, for "his or her" (wherever occurring) substitute "that person's".
13Freedom of expression
In section 15(2)(e) of the Charter of Human Rights and Responsibilities Act 2006, for "him or her" substitute "that person".
14Protection of families and children
In section 17(2) of the Charter of Human Rights and Responsibilities Act 2006—
(a)for "his or her" substitute "the child's";
(b)for "him or her" substitute "the child".
15Cultural rights
In section 19(1) of the Charter of Human Rights and Responsibilities Act 2006, for "his or her" (wherever occurring) substitute "their".
16Property rights
In section 20 of the Charter of Human Rights and Responsibilities Act 2006, for "his or her" substitute "that person's".
17Right to liberty and security of person
In section 21 of the Charter of Human Rights and Responsibilities Act 2006—
(a)in subsection (3), for "his or her" substitute "that person's";
(b)in subsection (4), for "him or her" substitute "that person";
(c)in subsections (6), (7) and (8), for "his or her" substitute "that person's".
18Children in the criminal process
In section 23(3) of the Charter of Human Rights and Responsibilities Act 2006, for "his or her" substitute "that child's".
19Rights in criminal proceedings
(1)In section 25(2) of the Charter of Human Rights and Responsibilities Act 2006—
(a)in paragraphs (a), (e), (i) and (j) for "he or she" substitute "that person";
(b)in paragraph (b)—
(i)for "his or her" substitute "their";
(ii)for "him or her" substitute "that person";
(c)in paragraph (d)—
(i)for "himself or herself" substitute "themselves";
(ii)for "him or her" substitute "that person";
(d)in paragraph (f) for "him or her if he or she" substitute "that person if the person";
(e)in paragraph (g) for "him or her" substitute "that person";
(f)in paragraph (h) for "his or her" substitute "that person's";
(g)in paragraph (k), for "himself or herself" substitute "themselves".
(2)In section 25(3) of the Charter of Human Rights and Responsibilities Act 2006, for "his or her" substitute "that child's".
20Right not to be tried or punished more than once
In section 26 of the Charter of Human Rights and Responsibilities Act 2006, for "he or she" substitute "that person".
21Statements of compatibility
In section 28(2) of the Charter of Human Rights and Responsibilities Act 2006, for "his or her" (where twice occurring) substitute "the member's".
22Override by Parliament
In section 31(3) of the Charter of Human Rights and Responsibilities Act 2006, for "his or her" substitute "the member's".
23Action on declaration of inconsistent interpretation
In section 37(b) of the Charter of Human Rights and Responsibilities Act 2006, for "his or her" substitute "the Minister's".
24Reports to be laid before Parliament
In section 43(3) of the Charter of Human Rights and Responsibilities Act 2006, for "he or she" substitute "the Attorney-General".
Part 5—Amendment of Judicial College of Victoria Act 2001
25Establishment of the College
In section 4(2)(d) of the Judicial College of Victoria Act 2001 omit "subject to section 6,".
26Powers of the College
(1)In section 6(1) of the Judicial College of Victoria Act 2001, for "subsections (2) and (3)" substitute "subsection (2)".
(2)Section 6(3) of the Judicial College of Victoria Act 2001 is repealed.
27Delegation
In section 7 of the Judicial College of Victoria Act 2001 omit "under its official seal".
28Board of directors
In section 8(1) of the Judicial College of Victoria Act 2001—
(a)for "8 directors" substitute "at least 9 but not more than 10 directors";
(b)in paragraph (e)—
(i)for "2" substitute "at least 3 but not more than 4";
(ii)in subparagraph (i), for "one" substitute "at least one";
(iii)for subparagraph (ii) substitute—
"(ii)at least 2 must be persons who, in the opinion of the Attorney‑General, have broad experience in community issues affecting courts.".
29Vacancies and removal of appointed directors from office
In section 11(1)(e) of the Judicial College of Victoria Act 2001, for "he or she, without the Attorney-General's approval" substitute "the appointed director, without the chairperson's approval".
30Alternate directors
In section 12(1) of the Judicial College of Victoria Act 2001, for "may, with the approval of the Board," substitute "may".
31Meetings of the Board
(1)In section 14(1) of the Judicial College of Victoria Act 2001, for "3 months" substitute "4 months".
(2)For section 14(3) of the Judicial College of Victoria Act 2001 substitute—
"(3)The chairperson may appoint another director to preside at a meeting of the Board that the chairperson is unable to attend.
(3A)If the chairperson is absent from a meeting of the Board and has not appointed a director to preside, the directors present at the meeting must elect a director to preside.".
(3)In section 14(7) of the Judicial College of Victoria Act 2001, after "procedure" insert ", including for the making of resolutions at meetings and at other times".
32New section 21 inserted
After section 20 of the Judicial College of Victoria Act 2001 insert—
"21 Transitional provision—Justice Legislation Amendment Act 2022
The board of directors of the College is taken to be the same body despite the changes to its composition made by the Justice Legislation Amendment Act 2022.".
Part 6—Amendment of Magistrates' Court Act 1989
Division 1—Magistrates' Court Act 1989
33Definitions
In section 3(1) of the Magistrates' Court Act 1989, in the definition of the rules, for "2 or more" substitute "one or more".
34Rules of Court
(1)In section 16(1), (1A), (1B) and (2) of the Magistrates' Court Act 1989 for "2 or more" substitute "one or more".
(2)In section 16(1C) of the Magistrates' Court Act 1989 for "Magistrates" substitute "Magistrate or Magistrates, as the case requires,".
35Rules of Court
In section 16I of the Magistrates' Court Act 1989 for "2 or more" substitute "one or more".
Division 2—Consequential amendment of other Acts
36Rules of court and practice directions for Magistrates' Court—Family Violence Protection Act 2008
In section 209(1) of the Family Violence Protection Act 2008 for "2 or more" substitute "one or more".
37Rules of court and practice directions for Magistrates' Court—Personal Safety Intervention Orders Act 2010
In section 183(1) of the Personal Safety Intervention Orders Act 2010 for "2 or more" substitute "one or more".
38Amendment of Victims of Crime Assistance Act 1996
(1)In section 3(1) of the Victims of Crime Assistance Act 1996, in the definition of the rules, for "2 or more" substitute "one or more".
(2)In section 57(1) and (2) of the Victims of Crime Assistance Act 1996 for "2 or more" substitute "one or more".
Part 7—Victorian Civil and Administrative Tribunal Act 1998—federal subject matter
39Definitions
At the end of section 57A of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"(2)In this Part, a reference to an application to the Tribunal includes a reference to a referral of a matter to, or a matter that is the subject of a referral to, the Tribunal, except for the purposes of section 57B(1)(a).
(3)For the avoidance of doubt, subsection (2) does not prevent a referring entity under an enabling enactment from referring a matter, or a matter that is the subject of a referral, to the Magistrates' Court under this Part.".
40Schedule 2 amended
In Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998, for "applications that may raise" substitute "applications, referrals or matters that are the subject of referrals that may raise".
Part 8—Amendments relating to integrated birth certificates
Division 1—Amendment of the Births, Deaths and Marriages Registration Act 1996
41Objects of Act
In section 3 of the Births, Deaths and Marriages Registration Act 1996, after paragraph (ea) insert—
"(eb)the issue of integrated birth certificates to adopted persons; and".
42Definitions
In section 4(1) of the Births, Deaths and Marriages Registration Act 1996 insert the following definition—
"integrated birth certificate means a certificate referred to in section 46A(1);".
43Search of Register
(1)In section 45(1) of the Births, Deaths and Marriages Registration Act 1996, for "an entry" substitute "any entry".
(2)In section 45(2)(b) of the Births, Deaths and Marriages Registration Act 1996, after "fee" insert "(if any)".
44New section 45A inserted
After section 45 of the Births, Deaths and Marriages Registration Act 1996 insert—
"45A Application for integrated birth certificate
(1)Without limiting section 45, an adopted person may apply under that section for a search of the Register for any entry about the registrable events of the person's birth and adoption and the issue of an integrated birth certificate to the person if—
(a)the person is 18 years of age or over; and
(b)the person's birth is registered in Victoria; and
(c)the person's adoption is registered in Victoria, regardless of whether the person was adopted in Victoria.
Note
Sections 72 and 73 of the Adoption Act 1984 provide for registration in Victoria of certain adoptions made in another State, a Territory or another country.
(2)Despite section 45(2)(b), no fee is payable for the first application made by an adopted person for an integrated birth certificate.".
45Issue of certificate
In section 46(1) of the Births, Deaths and Marriages Registration Act 1996, after "fee" insert "(if any)".
46New section 46A inserted
After section 46 of the Births, Deaths and Marriages Registration Act 1996 insert—
"46A Issue of integrated birth certificate
(1)Without limiting section 46, in the case of an application for an integrated birth certificate, the Registrar may issue an integrated birth certificate under that section to the adopted person that contains the following registrable information included in the Register about the person's birth and adoption—
(a)any registrable information about the parents recorded in the person's original birth entry;
(b)the date of the adoption;
(c)any registrable information about the parents recorded in the person's adoption entry;
(d)any other prescribed registrable information.
(2)Despite section 46(1), no fee is payable for the first issue of an integrated birth certificate to an adopted person.".
47Registrar to provide certain information to Minister—statute law revision
In section 56 of the Births, Deaths and Marriages Registration Act 1996, after "Justice" insert "and Community Safety".
Division 2—Amendment of the Adoption Act 1984
48Certain entries to be marked "adopted"
In section 74(3) of the Adoption Act 1984, after "the Court" insert "or for the purposes of the issue of an integrated birth certificate under the Births, Deaths and Marriages Registration Act 1996".
49Register of Adoptions not open for search
(1)After section 76(1) of the Adoption Act 1984 insert—
"(1A)Subsection (1) does not apply to an application for, or issue of, an integrated birth certificate under the Births, Deaths and Marriages Registration Act 1996.".
(2)In section 76(2) of the Adoption Act 1984 omit ", subject to the same terms, conditions and regulations as to payment of fees and otherwise as are applicable under the Births, Deaths and Marriages Registration Act 1996 in relation to the Register of Births,".
(3)In section 76(3) of the Adoption Act 1984, for "he" substitute "the Secretary".
50Access to birth certificates of adopted persons
(1)In section 92(4) of the Adoption Act 1984 omit "together with the prescribed fee".
(2)In section 92(5) of the Adoption Act 1984 omit ", subject to the same terms, conditions and regulations as to payment of fees or otherwise as are applicable under the Births, Deaths and Marriages Registration Act 1996,".
Part 9—Amendment of Adoption Act 1984
51Definitions
(1)In section 4(1) of the Adoption Act 1984—
(a)in the definition of Secretary, omit "of Health and Human Services";
(b)insert the following definition—
"Department means the Department of Justice and Community Safety;".
(2)In section 4(1A) of the Adoption Act 1984, omit "of Human Services".
52Approved counsellors
In section 5(2)(a) of the Adoption Act 1984, omit "of Health and Human Services".
53Discharge of adoption orders
In section 19(4) of the Adoption Act 1984 omit "to the Department of Justice and Regulation".
54Court may dispense with consents
In section 43(1) of the Adoption Act 1984—
(a)in paragraph (c), omit ", deserted, persistently neglected or ill-treated";
(b)paragraph (d) is repealed.
55Declarations of validity of foreign adoptions
In section 69(3) of the Adoption Act 1984, omit "(who may include the Secretary to the Department of Justice and Regulation)".
56Section 87 substituted
For section 87 of the Adoption Act 1984 substitute—
"87 Counselling and advice to applicants about information
Before an applicant under this Part is provided with any information about an adopted person, the Secretary must ensure that—
(a)the applicant is offered counselling by an approved counsellor; and
(b)if information is reasonably expected to be distressing to the applicant, the applicant is advised that records may contain information which may be distressing to the applicant.".
57Other person's right to information
In section 100(1) of the Adoption Act 1984, after "Division" insert "or a request under section 100A".
58New section 100A inserted
After section 100 of the Adoption Act 1984 insert—
"100A Discretionary power of Secretary to use and disclose adoption information
(1)The Secretary may use and disclose adoption information in accordance with this section.
(2)Use and disclosure under this section may be—
(a)on the Secretary's own initiative; or
(b)at the request of a person, other than an individual.
(3)In determining whether to disclose the adoption information to a person who has requested it or on the Secretary's own initiative, the Secretary must have regard to the following, if relevant—
(a)whether the use and disclosure of the adoption information would be in the best interests of any adopted person or adopted child who may be able to be identified from the adoption information;
(b)the sensitivity of the adoption information;
(c)whether there are risks to the safety or privacy of any individual who may be identified as a result of the disclosure of the adoption information and whether those risks can be managed;
(d)whether the use and disclosure of the adoption information would be—
(i)in the public interest; or
(ii)in the interests of justice;
(e)whether the use and disclosure of the adoption information is necessary to enable the person who has requested it or any other person to effectively and efficiently carry out its functions;
(f)whether the use and disclosure of the adoption information is necessary to promote an individual's wellbeing and safety or to assess or manage the risk of harm to an individual;
(g)whether in all the circumstances it is desirable to use and disclose the adoption information.
(4)A person to whom adoption information is disclosed under this section must not use or disclose that information other than for the purposes for which it was disclosed.
(5)In this section—
adoption information includes the following, to the extent that they are under the possession or control of the Secretary—
(a)reports and records referred to in section 83;
(b)records of adoptions referred to in section 85;
(c)information about an adopted person as defined in section 91;
(d)any other prescribed information.".
59Adoption Information Service
In section 102 of the Adoption Act 1984—
(a)for "within the Department of Health and Human Services" substitute "by the Secretary";
(b)in paragraph (e), for "Division 2." substitute "Division 2; and";
(c)after paragraph (e) insert—
"(f)provide services to support persons entitled to be entered in the Adoption Information Register to meet or to provide information to another person entitled to be entered in the Adoption Information Register; and
(g)provide any other prescribed services.".
60Agency etc. to comply with request for information
(1)In section 123(1) of the Adoption Act 1984, for "under Part VI" substitute "whether under Part VI or on the Secretary's own initiative".
(2)After section 123(1) of the Adoption Act 1984 insert—
"(1A)A request from the Secretary under subsection (1)—
(a)must be in writing; and
(b)may request that approved agency or other body or person provide—
(i)information or records; or
(ii)a class of information or records; and
(c)must specify whether the documents containing the information or records are to be provided in the original format, as copies or both.".
(3)In section 123(2) of the Adoption Act 1984, after "is made" insert "or if a longer period is specified in the request, within that specified period".
Part 10—Amendment of Gender Equality Act 2020
61Definitions
In section 3 of the Gender Equality Act 2020—
(a)in the definition of Council, for "2019" substitute "2020";
(b)in the definition of Secretary, for "Premier and Cabinet" substitute "Families, Fairness and Housing";
(c)insert the following definitions—
"Councillor has the same meaning as it has in section 3(1) of the Local Government Act 2020;
personal information has the same meaning as it has in section 3 of the Privacy and Data Protection Act 2014;".
62Appointment
For section 29(2)(b) of the Gender Equality Act 2020 substitute—
"(b)a Councillor.".
63Acting Commissioner
For section 34(2)(b) of the Gender Equality Act 2020 substitute—
"(b)a Councillor.".
64Section 46 substituted
For section 46 of the Gender Equality Act 2020 substitute—
"46 Secrecy
(1)Subject to section 46A, the Commissioner or a person specified in subsection (2) must not use or disclose any information obtained by or provided to the Commissioner or that person under Division 3 for any purpose other than the purpose for which it was obtained or provided.
(2)The specified persons are—
(a)a person referred to in section 45(1) or (2); or
(b)a person employed under Part 3 of the Public Administration Act 2004 assisting the Commissioner in accordance with section 43; or
(c)a person engaged to assist the Commissioner in the performance of the Commissioner's functions or duties, or the exercise of the Commissioner's powers, whether or not employed under Part 3 of the Public Administration Act 2004.".
65New section 46A inserted
After section 46 of the Gender Equality Act 2020 insert—
"46A Commissioner or specified persons may use or disclose information in certain circumstances
(1)This section applies despite any Act or other law to the contrary other than the Charter of Human Rights and Responsibilities.
(2)The Commissioner or a person specified in section 46(2) may use or disclose information obtained by or provided to the Commissioner or that person under Division 3 if—
(a)the use or disclosure is reasonably necessary for the Commissioner to perform a duty or function or exercise a power under this Act or any other Act and, if the information contains personal information—
(i)the person to whom the personal information relates consents to the use or disclosure of that personal information; or
(ii)the personal information is removed from the information before the information is used or disclosed; or
(b)the disclosure is to a court or tribunal in the course of a legal proceeding; or
(c)the use or disclosure is pursuant to an order of a court or tribunal; or
(d)the disclosure is to the Commissioner or another person specified in section 46(2) (as the case requires); or
(e)the use or disclosure is for the purposes of obtaining or seeking legal advice; or
(f)the use or disclosure is authorised, required or permitted under any other Act or law.
(3)Subject to subsection (4), the Commissioner may disclose information obtained by or provided to the Commissioner or a person specified in section 46(2) under Division 3 if—
(a)the disclosure is to—
(i)the Victorian Equal Opportunity and Human Rights Commission continued in existence under section 154 of the Equal Opportunity Act 2010; or
(ii)the Fair Work Commission established under section 575 of the Fair Work Act 2009 of the Commonwealth; or
(iii)a prescribed person or body; and
(b)the Commissioner considers that the information is relevant to the performance of a duty or function, or the exercise of a power, of—
(i)the Commissioner; or
(ii)the person or body to whom the information is being disclosed.
(4)The Commissioner may only disclose information that contains personal information under subsection (3) if—
(a)the person to whom the personal information relates consents to the disclosure of that personal information, where it is reasonably practicable to obtain that person's consent; or
(b)the Commissioner is satisfied that the public interest in disclosing the personal information without consent outweighs the public interest in not disclosing personal information without consent; or
(c)the personal information is removed from the information before the information is disclosed.".
66Publication of personal information prohibited
Section 51(4) of the Gender Equality Act 2020 is repealed.
67New Part 8A inserted
After Part 8 of the Gender Equality Act 2020 insert—
"Part 8A—Transitionals
54ATransitional provision—Justice Legislation Amendment Act 2022
The amendment of sections 29(2)(b) and 34(2)(b) by the Justice Legislation Amendment Act 2022 does not affect any appointment under either of those sections existing before that amendment or anything done by a person appointed pursuant to either of those sections before that amendment.".
Part 11—Repeal of this Act
68Repeal of this Act
This Act is repealed on 5 October 2024.
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: 6 April 2022
Legislative Council: 12 May 2022
The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes at Sea Act 1999 to update references to Commonwealth legislation, to amend the Equal Opportunity Act 2010 in relation to secrecy provisions and an exemption relating to religious schools, to amend the Charter of Human Rights and Responsibilities Act 2006 to use gender inclusive language, to make miscellaneous amendments to the Judicial College of Victoria Act 2001, to amend the Magistrates' Court Act 1989 in relation to rule making powers, to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to federal subject matter, to amend the Births, Deaths and Marriages Registration Act 1996 in relation to integrated birth certificates, to make miscellaneous amendments to the Adoption Act 1984 and to amend the Gender Equality Act 2020 to enable the Commissioner and specified persons to use or disclose information obtained under Division 3 of Part 7 of that Act in certain circumstances and for other purposes."
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