Justice Legislation Amendment Act 2023 (Vic)

Justice Legislation Amendment Act 2023

No. 26 of 2023

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Court Security Act 1980 and Open Courts Act 2013

Division 1—Court Security Act 1980

3Definitions

4Powers of authorized officer

5Temporary measures in response to COVID-19 pandemic

6Statute law revision

Division 2—Open Courts Act 2013

Subdivision 1—Amendment of Open Courts Act 2013

7Certain measures in relation to proceeding or hearing do not contravene rules of law relating to open justice

8New section 8C inserted

Subdivision 2—Consequential amendment of Court Security Act 1980

9Offence to record proceeding

10Offence to publish recording of proceeding

11Offence to transmit to or give recording of proceeding to another person

Part 3—Amendments relating to coronial investigators

Division 1—Amendment of Coroners Act 2008

12Definitions

13New section 15A inserted

14New section 122 inserted

Division 2—Amendment of Victoria Police Act 2013

15Assistance to coroners

Part 4—Amendment of Spent Convictions Act 2021

16Definitions

17New sections 5A and 5B inserted

18Conviction period

19Application for spent conviction order

20Use of criminal record information by law enforcement agencies, courts and tribunals

21Use of criminal record information by specified persons and bodies

22New sections 22A to 22E inserted

23Unlawful disclosure of conviction information

24Regulations

25New Part 6 inserted

Part 5—Amendment of firefighters' presumptive rights compensation legislation

Division 1—Amendment of Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019

26Schedule 1 amended

Division 2—Amendment of Forests Act 1958

27Third Schedule amended

Part 6—Amendments in relation to the legal profession

28Part 9A heading amended

29Section 150E substituted

30New Division 3 inserted in Part 9A

31New section 153A inserted

32New Division 13 inserted in Part 12

33Amendment of Criminal Procedure Act 2009

Part 7—Amendment of Children, Youth and Families Act 2005

34Definitions

35How proceeding in Family Division commenced

36Application for temporary assessment order by notice

37Making a protection application without placing child in emergency care

38Secretary may apply for therapeutic treatment order

39When can a therapeutic treatment (placement) order be made?

40Revocation of order

41Application if there is an irreconcilable difference

42Conciliation counselling

43Interim accommodation order

44Power of Secretary to transfer child

45Application for permanent care order

46Variation or revocation of permanent care order

47Reporting and monitoring

48Youth control order planning meeting report to be filed with registrar

49Explanation of and reasons for orders

50Witness summonses

51Court may issue or transmit court documents electronically

52New section 533B inserted

53Process

54Attendance at Court of author of report

55Pre-sentence report to be filed with registrar

56Group conference report to be filed with registrar

57Notice to be filed if child is placed in emergency care or apprehended without warrant

58Rules

59Part 8.5A repealed—statute law revision

Part 8—Amendment of Jury Directions Act 2015

60Application of Division

61Direction on evidence of post-offence relationship

62Transitional provisions

Part 9—Amendment of Criminal Procedure Act 2009

63Persons who may witness statements in preliminary brief, full brief or hand-up brief

Part 10—VCAT-related amendments

Division 1—Amendment of Victorian Civil and Administrative Tribunal Act 1998

64Definitions

65Applications to Magistrates' Court

66Rights and liabilities do not apply in certain circumstances

67More appropriate forum

Division 2—Amendment of Wrongs Act 1958

68Definitions for Part IV

69Recovery of contribution

70New section 24ADA inserted

71Definitions for Part V

72New section 28AAB inserted

Division 3—Amendment of Limitation of Actions Act 1958

73Definitions

74New section 39B inserted

Division 4—Amendment of Domestic Building Contracts Act 1995

75VCAT to be chiefly responsible for resolving domestic building disputes

Part 11—Amendment of Crimes Act 1958

76Definitions

77Section 464AAB amended

78Section 464FA amended

Part 12—Amendment of Victoria Police Act 2013

79Schedule 5 amended

Part 13—Repeal of this Act

80Repeal of this Act

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Endnotes

1      General information

Justice Legislation Amendment Act 2023

No. 26 of 2023

[Assented to 10 October 2023]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to amend the Court Security Act 1980 and the Open Courts Act 2013 to make permanent certain temporary measures by—

(i)clarifying that rules of law relating to open justice are not contravened if, in the interests of justice, public access to a proceeding is provided in specified ways other than a physically open court or tribunal; and

(ii)ensuring courts and tribunals can permanently manage public health risks on court premises in relation to public health events and pandemics; and

(b)to amend the Coroners Act 2008 in relation to the role of coronial investigator; and

(c)to amend the Spent Convictions Act 2021 to facilitate information sharing and improve access to the scheme; and

(d)to amend the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 and the Forests Act 1958 to expand the firefighters' presumptive rights scheme to include 3 further cancers; and

(e)to amend the Legal Profession Uniform Law Application Act 2014 and the Criminal Procedure Act 2009 in relation to offences and disciplinary action; and

(f)to amend the Children, Youth and Families Act 2005 to support the introduction of electronic case management in the Family Division of the Children's Court; and

(g)to amend the Jury Directions Act 2015 in relation to sexual offence cases; and

(h)to amend the Criminal Procedure Act 2009 in relation to persons who may witness statements in briefs; and

(i)to amend the Victorian Civil and Administrative Tribunal Act 1998, the Wrongs Act 1958, the Limitation of Actions Act 1958 and the Domestic Building Contracts Act 1995 in response to recent court decisions; and

(j)to amend the Crimes Act 1958 in relation to notification of the Victorian Aboriginal Legal Service; and

(k)to amend the Victoria Police Act 2013 to provide for regulation making powers.

2Commencement

(1)This Act, except Parts 11 and 12, comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Parts 11 and 12 come into operation on 1 January 2024.

PART 2—AMENDMENT OF COURT SECURITY ACT 1980 AND OPEN COURTS ACT 2013

Division 1—Court Security Act 1980

3Definitions

(1)In section 2(1) of the Court Security Act 1980 insert the following definitions—

"pandemic declaration has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008;

pandemic order has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008;".

(2)In section 2(1) of the Court Security Act 1980, in the definition of offensive weapon, for "him" substitute "that person".

(3)In section 2(2) of the Court Security Act 1980—

(a)in paragraph (a), after "safety" insert "and welfare";

(b)in paragraph (c), for "premises." substitute "premises;".

(4)After section 2(2)(c) of the Court Security Act 1980 insert—

"(d)in relation to a pandemic declaration, the health of all persons or any class of person who work at, attend or are in custody at the court premises;

(e)the following of any relevant pandemic order at the court premises;

(f)the following of any relevant directions made by an authorised officer under Part 8A or 10 of the Public Health and Wellbeing Act 2008 at the court premises.".

4Powers of authorized officer

(1)In section 3 of the Court Security Act 1980—

(a)in subsection (1), for "his" (where twice occurring) substitute "the person's";

(b)in subsection (3)(b), for "his or her" substitute "their".

(2)In section 3(2B) and (10) of the Court Security Act 1980 omit "not refuse to".

(3)For section 3(4)(d) of the Court Security Act 1980 substitute—

"(d)seize under subsection (6) any item the authorized officer believes on reasonable grounds is a prohibited item;".

(4)For section 3(6) of the Court Security Act 1980 substitute—

"(6)An authorized officer who, during a search, finds an item that the authorized officer believes on reasonable grounds is a prohibited item or to whom an item is surrendered that the authorized officer believes on reasonable grounds is a prohibited item, may seize and retain that item as a prohibited item in accordance with this section.".

(5)In section 3(11) of the Court Security Act 1980, for "refusing to comply" substitute "not complying".

5Temporary measures in response to COVID-19 pandemic

Section 7A of the Court Security Act 1980 is repealed.

6Statute law revision

In section 2B(1) of the Court Security Act 1980, for "him or her" substitute "that person".

Division 2—Open Courts Act 2013

Subdivision 1—Amendment of Open Courts Act 2013

7Certain measures in relation to proceeding or hearing do not contravene rules of law relating to open justice

(1)In section 8B(1) of the Open Courts Act 2013—

(a)for "that is open" substitute "that is physically open";

(b)in paragraph (a), for "hearing to the public;" substitute—

"hearing to—

(i)the public generally; or

(ii)a member of the public on request;".

(2)For section 8B(2) and (3) of the Open Courts Act 2013 substitute—

"(2)A court or tribunal may determine what means of access or combination of means of access under subsection (1) is or are most appropriate in all the circumstances.

(3)No fee is payable for a contemporaneous audio or audio visual broadcast under subsection (1)(a), an audio or audio visual recording of a proceeding or hearing under subsection (1)(b) or a transcript of a proceeding or hearing under subsection (1)(c) by a person to whom it is provided.

(4)Subsection (3) applies despite any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or any regulation which fixes a fee for the provision of any broadcast, recording or transcript.".

8New section 8C inserted

After section 8B of the Open Courts Act 2013 insert—

"8C   Court may restrict or prohibit publication of transcript provided under section 8B

(1)If satisfied that it is in the interests of justice to do so, the Supreme Court, the County Court or the Coroner's Court may make an order—

(a)restricting the publication of a transcript, or any part of a transcript, provided under section 8B(1)(c); or

(b)prohibiting the publication of a transcript, or any part of a transcript, provided under section 8B(1)(c).

(2)An order under subsection (1)(a) or (b) may be subject to any conditions that the Court making the order considers appropriate to impose.

(3)An order under subsection (1)(a) or (b) may be made on the own motion of the Supreme Court, the County Court or the Coroner's Court.".

Subdivision 2—Consequential amendment of Court Security Act 1980

9Offence to record proceeding

(1)In the example at the foot of section 4A(2) of the Court Security Act 1980, after "proceeding" insert "or for the purposes of section 8B of the Open Courts Act 2013".

(2)In section 4A(3) of the Court Security Act 1980, for "judicial officer" substitute "court".

10Offence to publish recording of proceeding

(1)In section 4B(1) of the Court Security Act 1980, after "subsection (2)" insert "or (2A)".

(2)After section 4B(2) of the Court Security Act 1980 insert—

"(2A)A person may publish a recording of a proceeding if the person does so on behalf of a court or tribunal for a purpose set out in section 8B of the Open Courts Act 2013.".

11Offence to transmit to or give recording of proceeding to another person

(1)In the example at the foot of section 4C(2) of the Court Security Act 1980, after "proceeding" insert "or for the purposes of section 8B of the Open Courts Act 2013".

(2)In section 4C(3) of the Court Security Act 1980, for "judicial officer" substitute "court".

PART 3—AMENDMENTS RELATING TO CORONIAL INVESTIGATORS

Division 1—Amendment of Coroners Act 2008

12Definitions

In section 3(1) of the Coroners Act 2008 insert the following definitions—

"Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

coronial investigator means a police officer who is nominated by the Chief Commissioner of Police to assist a coroner in relation to an investigation into a reportable death;".

13New section 15A inserted

After section 15 of the Coroners Act 2008 insert—

"15A   Power to direct coronial investigator

(1)A coroner, by written notice, may direct a coronial investigator in relation to an investigation into a reportable death.

(2)Subject to subsection (3), a coronial investigator must comply with a reasonable and lawful direction under subsection (1).

(3)A coronial investigator is not required to comply with a direction under subsection (1) if the Chief Commissioner of Police gives the State Coroner written notice that the Chief Commissioner considers—

(a)the direction to be unreasonable; or

(b)that complying with the direction would be likely to compromise a criminal investigation.

(4)A notice under subsection (3) must be given within 14 days after the direction under subsection (1) is given.".

14New section 122 inserted

After section 121 of the Coroners Act 2008 insert—

"122   Transitional provision—Justice Legislation Amendment Act 2023

(1)In this section—

commencement day means the day on which section 13 of the Justice Legislation Amendment Act 2023 comes into operation.

(2)On and after the commencement day, a coroner may issue a direction under section 15A to a coronial investigator in relation to an investigation into a reportable death—

(a)irrespective of whether the coronial investigator was nominated before, on or after the commencement day; and

(b)irrespective of whether the coronial investigation was commenced before, on or after the commencement day.".

Division 2—Amendment of Victoria Police Act 2013

15Assistance to coroners

For the note at the foot of section 59 of the Victoria Police Act 2013 substitute—

"Note

A police officer who has been nominated as a coronial investigator is required under section 15A of the Coroners Act 2008 to comply with the directions of a coroner in relation to a coronial investigation into a reportable death. See also section 36 of that Act which requires a police officer to give relevant information to a coroner in an investigation under Part 4 of that Act. In addition, section 60 of that Act provides for assistance by police officers in an inquest.".

PART 4—AMENDMENT OF SPENT CONVICTIONS ACT 2021

16Definitions

In section 3 of the Spent Convictions Act 2021—

(a)the definition of detention is repealed;

(b)insert the following definitions—

"Australian Bureau of Statistics means the Bureau established under section 5(1) of the Australian Bureau of Statistics Act 1975 of the Commonwealth;

authorised Hub entity has the same meaning as in section 144SB of the Family Violence Protection Act 2008;

Central Information Point has the same meaning as in section 144A of the Family Violence Protection Act 2008;

Chief Statistician means the person employed as the Chief Statistician under section 4 of the Crime Statistics Act 2014;

Child Link user has the same meaning as in section 46A of the Child Wellbeing and Safety Act 2005;

child wellbeing information sharing entity means an information sharing entity within the meaning of section 3(1) of the Child Wellbeing and Safety Act 2005;

Council of Law Reporting means the Council of Law Reporting in Victoria incorporated by the Council of Law Reporting in Victoria Act 1967;

court secure treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;

custodial term has the meaning given by section 5A;

de-identified has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

Department has the same meaning as in section 4(1) of the Public Administration Act 2004;

drug and alcohol treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;

family violence information sharing entity means an information sharing entity within the meaning of section 4 of the Family Violence Protection Act 2008;

publish means disseminate or provide access to the public or a section of the public by any means, including by—

(a)publication in a book, newspaper, magazine or other written publication; or

(b)broadcast by radio or television; or

(c)public exhibition; or

(d)broadcast or electronic communication;

residential treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;

restricted information sharing entity has the same meaning as in section 3(1) of the Child Wellbeing and Safety Act 2005;

Sentencing Advisory Council means the Sentencing Advisory Council established under Part 9A of the Sentencing Act 1991;

Statistician has the same meaning as in section 3 of the Australian Bureau of Statistics Act 1975 of the Commonwealth;";

(c)for paragraph (a) of the definition of serious conviction substitute—

"(a)a conviction for which the sentence imposed includes a custodial term of more than 30 months; or".

17New sections 5A and 5B inserted

After section 5 of the Spent Convictions Act 2021 insert—

"5A   Meaning of custodial term

(1)For the purposes of this Act, a sentence imposed on a person for a conviction includes a custodial term if the sentence is or includes—

(a)an order that the person serve a term of—

(i)imprisonment; or

(ii)detention in a youth justice centre or a youth residential centre; or

(b)a court secure treatment order.

(2)Despite subsection (1), a sentence that is or includes an order referred to in paragraph (a) or (b) of that subsection is taken to be a sentence that does not include a custodial term if the length of the custodial term is zero days.

(3)If an aggregate sentence that includes a custodial term of a particular length is imposed on a person under section 362B of the Children, Youth and Families Act 2005 or section 9 of the Sentencing Act 1991, each conviction to which the aggregate sentence relates is taken to have a sentence that includes a custodial term of that length.

(4)For the purposes of this Act, the length of a custodial term is to be determined in accordance with section 5B.

5BHow length of custodial term to be determined

(1)The length of a custodial term included in a sentence imposed on a person is, subject to this section, the length of time that the person is liable under that sentence—

(a)to be imprisoned; or

(b)to be detained in a youth justice centre or a youth residential centre; or

(c)to be detained and treated at a designated mental health service (within the meaning of the Sentencing Act 1991).

(2)The length of a custodial term includes any part of the custodial term during which the person is released on parole, but does not include any time to which subsection (3) applies.

(3)Time to which this subsection applies is time—

(a)that a sentence provides—

(i)is to be served other than by the person being imprisoned or detained as described in subsection (1); or

(ii)is to elapse without that imprisonment or detention occurring; and

(b)that is served, or that elapses, in that way.

(4)Without limiting subsection (3), time to which that subsection applies includes—

(a)any part of the custodial part of a drug and alcohol treatment order that elapsed without being activated under Subdivision 1C of Division 2 of Part 3 of the Sentencing Act 1991; and

(b)any part of a term of imprisonment that the person served by way of home detention in accordance with section 18ZT of the Sentencing Act 1991 (as in force before its repeal on 1 January 2011); and

(c)any part of a term of imprisonment that the person served by way of an intensive correction order made under section 19 of the Sentencing Act 1991 (as in force before its repeal); and

(d)any part of a term of imprisonment that the person served by way of a residential treatment order; and

(e)any part of a term of imprisonment or detention that was suspended and that elapsed without being served in prison or detention.

(5)The following matters do not reduce the length of a custodial term—

(a)the fact that any period of custody is reckoned to be a period of imprisonment or detention already served;

(b)the fact that the custodial term is served concurrently with another term of imprisonment or detention imposed for another conviction;

(c)in the case of a court secure treatment order, the fact that any part of the duration of the order has effect as a sentence of imprisonment under section 94C(4) of the Sentencing Act 1991.".

18Conviction period

For section 9(1)(a) of the Spent Convictions Act 2021 substitute—

"(a)for a conviction of a child or young offender—5 years; or".

19Application for spent conviction order

For section 11(1)(a) and (b) of the Spent Convictions Act 2021 substitute—

"(a)the person was a child or a young offender; or

(b)the serious conviction was for a serious violence offence or a sexual offence and the sentence imposed for the offence did not include a custodial term; or

(c)the serious conviction was for any other offence for which the sentence imposed included a custodial term of not more than 5 years.".

20Use of criminal record information by law enforcement agencies, courts and tribunals

(1)In section 21(1) of the Spent Convictions Act 2021—

(a)in paragraph (b), for "function." substitute "function; or";

(b)after paragraph (b) insert—

"(c)to any person or body, including the following, for the purpose of that person or body conducting research, statistical analysis or modelling—

(i)the Australian Bureau of Statistics;

(ii)the Chief Statistician;

(iii)the Statistician;

(iv)the Sentencing Advisory Council;

(v)a Department.".

(2)In section 21(3)(a) of the Spent Convictions Act 2021, for "legal proceedings before the" substitute "a legal proceeding before a".

(3)After section 21(3) of the Spent Convictions Act 2021 insert—

"(3A)   A court or tribunal may collect or use, or disclose as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction—

(a)to the Council of Law Reporting or a licensee of the Council for the purpose of preparing or publishing—

(i)a decision of a court or tribunal; or

(ii)a report of a proceeding in a court or tribunal; or

(b)to a person or body given access to a record kept by or on behalf of a court or tribunal—

(i)by or under any other enactment; or

(ii)at the discretion of a court in the exercise of its implied jurisdiction and, in the case of the Supreme Court, its inherent jurisdiction.".

(4)For section 21(5) of the Spent Convictions Act 2021 substitute—

"(5)Subsections (1) and (2) apply to the disclosure of a spent conviction or information relating to a spent conviction by a person who is—

(a)employed or contracted by a law enforcement agency or a member of a law enforcement agency; and

(b)acting in the course of the person's duty.

(6)Subsections (1), (2), (3) and (3A) apply to the collection, use or disclosure of a spent conviction or information relating to a spent conviction by a person who is—

(a)employed or contracted by a court or tribunal; and

(b)acting in the course of the person's duty.".

21Use of criminal record information by specified persons and bodies

(1)In section 22(2) of the Spent Convictions Act 2021, after "agency" insert "or a court or tribunal".

(2)In section 22(3) of the Spent Convictions Act 2021—

(a)in paragraph (e), for "representation;" substitute "representation; or";

(b)after paragraph (e) insert—

"(f)to a prescribed person or body for a prescribed purpose.".

(3)For section 22(4)(a) of the Spent Convictions Act 2021 substitute—

"(a)employed or contracted by—

(i)a law enforcement agency; or

(ii)a court or tribunal; or

(iii)a person or body specified in column 1 of the Table at the foot of this section; or

(iv)a prescribed person or body.".

(4)For the Table at the foot of section 22 of the Spent Convictions Act 2021 substitute—

"Table 1—Specified disclosures

Column 1	Column 2	Column 3
A public body of another State or a Territory that corresponds to the Department of Government Services	WWC check	An interstate law that corresponds (or most closely corresponds) to the Worker Screening Act 2020
Australian Health Practitioner Regulation Agency	Registration and accreditation of health professionals	Health Practitioner Regulation National Law
Business Licensing Authority	Licensing	Sex Work Act 1994
Commercial Passenger Vehicle Commission	Bus driver accreditation	Transport (Compliance and Miscellaneous) Act 1983
Commercial Passenger Vehicle Commission	Driver accreditation	Commercial Passenger Vehicle Industry Act 2017
Commission for Children and Young People	Administering, overseeing and monitoring the reportable conduct scheme	Child Wellbeing and Safety Act 2005
Commissioner employed under section 8A of the Corrections Act 1986	Employment or contracting of a person	Public Administration Act 2004
Commissioner employed under section 8A of the Corrections Act 1986	Employment or contracting of a person	Corrections Act 1986
Community services within the meaning of the Children, Youth and Families Act 2005	Assessment of a person to provide care to a child	Children, Youth and Families Act 2005
Court Services Victoria	Employment of staff	Court Services Victoria Act 2014
Court Services Victoria	Employment of staff	Public Administration Act 2004
Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010	Bus operator accreditation	Bus Safety Act 2009
Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010	Issuing permissions	Marine Safety Act 2010
Disability Worker Registration Board of Victoria	Registration and regulation of registered disability workers and disability students	Disability Service Safeguards Act 2018
Head, Transport for Victoria	Driving instructor authority	Road Safety Act 1986
Independent Broad-based Anti-corruption Commission	Employment of staff and engagement of consultants	Independent Broad‑based Anti‑corruption Commission Act 2011
Office of the Victorian Information Commissioner	Employment of staff	Freedom of Information Act 1982
Office of the Victorian Information Commissioner	Employment of staff	Public Administration Act 2004
Professional Boxing and Combat Sports Board	Licensing	Professional Boxing and Combat Sports Act 1985
Registrar of Marriage Celebrants	Registration of marriage celebrants	Marriage Act 1961 of the Commonwealth
Registrar of Ministers of Religion	Registration of marriage celebrants	Marriage Act 1961 of the Commonwealth
Secretary to the Department of Education	Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity	Child Wellbeing and Safety Act 2005
Secretary to the Department of Education	Information sharing as a family violence information sharing entity	Family Violence Protection Act 2008
Secretary to the Department of Families, Fairness and Housing	Assessment of a person to provide care to a child	Children, Youth and Families Act 2005
Secretary to the Department of Families, Fairness and Housing	Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity	Child Wellbeing and Safety Act 2005
Secretary to the Department of Families, Fairness and Housing	Information sharing as a family violence information sharing entity	Family Violence Protection Act 2008
Secretary to the Department of Families, Fairness and Housing	Assessment of a person's suitability for admission to a residential treatment facility and preparation of a plan of available services	Sentencing Act 1991
Secretary to the Department of Families, Fairness and Housing	Reporting to a court on the efficacy of a supervision order and treatment	Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
Secretary to the Department of Government Services	WWC check	Worker Screening Act 2020
Secretary to the Department of Home Affairs of the Commonwealth	Immigration	Migration Act 1958 of the Commonwealth
Secretary to the Department of Jobs, Skills, Industry and Regions	Licensing for low-THC cannabis authorities	Drugs, Poisons and Controlled Substances Act 1981
Secretary to the Department of Jobs, Skills, Industry and Regions	Licensing for poppy cultivation licences and poppy processing licenses	Drugs, Poisons and Controlled Substances Act 1981
Secretary to the Department of Justice and Community Safety	Appointment of honorary justices	Honorary Justices Act 2014
Secretary to the Department of Justice and Community Safety	Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity	Child Wellbeing and Safety Act 2005
Secretary to the Department of Justice and Community Safety	Information sharing as a family violence information sharing entity	Family Violence Protection Act 2008
Secretary within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth	Licensing	Narcotic Drugs Act 1967 of the Commonwealth
Victoria Police	Employment or contracting of a person	Public Administration Act 2004
Victoria Police	Employment or contracting of a person	Victoria Police Act 2013
Victoria Police	Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity	Child Wellbeing and Safety Act 2005
Victoria Police	Information sharing as a family violence information sharing entity	Family Violence Protection Act 2008
Victoria Police	Licensing	Firearms Act 1996
Victoria Police	Licensing	Private Security Act 2004
Victorian Gambling and Casino Control Commission	Issuing licences	Gambling Regulation Act 2003
Victorian Gambling and Casino Control Commission	Granting licences	Casino Control Act 1991
Victorian Disability Worker Commission	Regulation of registered disability workers and disability students	Disability Service Safeguards Act 2018
Victorian Disability Worker Commission	Regulation of unregistered disability workers	Disability Service Safeguards Act 2018
Victorian Institute of Teaching	Regulating members of the teaching profession	Education and Training Reform Act 2006
Victorian Legal Admissions Board	Admission to the Australian legal profession in Victoria	Legal Profession Uniform Law Application Act 2014

".

22New sections 22A to 22E inserted

After section 22 of the Spent Convictions Act 2021 insert—

"22A   Collection, use and disclosure of criminal record information by Court Services Victoria

(1)Court Services Victoria may collect or use, or disclose to any person as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction if the collection, use or disclosure of the information—

(a)is for the purpose of supporting a court or tribunal in the performance of a function; and

(b)would be permitted under this Act if that function were performed by that court or tribunal.

(2)Subsection (1) applies to the collection, use or disclosure of a spent conviction or information relating to a spent conviction by a person who is—

(a)employed or contracted by Court Services Victoria; and

(b)acting in the course of the person's duty.

22BDisclosure of criminal record information for purposes under the Family Violence Protection Act 2008

A family violence information sharing entity may disclose, as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction to any of the following for the purposes of Part 5A or 5B of the Family Violence Protection Act 2008—

(a)another family violence information sharing entity;

(b)the Central Information Point;

(c)an authorised Hub entity;

(d)if the family violence information sharing entity is authorised to disclose the information to a person under section 144M of the Family Violence Protection Act 2008, that person.

22CDisclosure of criminal record information for purposes under the Child Wellbeing and Safety Act 2005

A child wellbeing information sharing entity or a restricted information sharing entity may disclose, as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction to any of the following—

(a)a child wellbeing information sharing entity or a restricted information sharing entity for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005;

(b)a Child Link user or the Secretary to the Department of Education for the purposes of Part 7A of the Child Wellbeing and Safety Act 2005;

(c)if the child wellbeing information sharing entity or restricted information sharing entity is authorised to disclose the information to a person under section 41Y(1) of the Child Wellbeing and Safety Act 2005, that person.

22DDisclosure of criminal record information by researchers and analysts

(1)Subject to subsection (2), a person or body who collects information about a spent conviction for the purpose of conducting research, statistical analysis or modelling may disclose that information to another person or body for the purposes of that other person or body conducting research, statistical analysis or modelling.

(2)A person or body must not disclose information under subsection (1) unless the person or body has the written consent of—

(a)the law enforcement agency, court or tribunal that disclosed the information to the person or body; or

(b)Court Services Victoria, if the information was disclosed to the person or body by a court or tribunal or Court Services Victoria.

22EDisclosure of criminal record information for reports on judicial decisions and proceedings

(1)Subject to subsection (2), the Council of Law Reporting or a licensee of the Council of Law Reporting may disclose a spent conviction or information relating to a spent conviction, including by publishing that information, for the purpose of preparing or disseminating—

(a)a decision of a court or tribunal; or

(b)a report of a court or tribunal proceeding.

Example

The publication of a report in a law report series.

(2)A person or body must not disclose information under subsection (1) unless the disclosure of the information is made in the ordinary course of business of the Council of Law Reporting or its licensee.".

23Unlawful disclosure of conviction information

After section 23(3) of the Spent Convictions Act 2021 insert—

"(4)It is not an offence against subsection (1) for a person—

(a)to disclose information, including by publishing that information, if the information is de-identified; or

(b)to disclose information, including by publishing that information, if that information has been published in—

(i)a decision of a court or tribunal; or

(ii)a report of a court or tribunal proceeding.".

24Regulations

After section 26(1)(e) of the Spent Convictions Act 2021 insert—

"(ea)persons or bodies who may disclose a spent conviction or information that relates to a spent conviction under Part 3; and

(eb)persons or bodies to whom spent convictions or information contained in criminal records may be disclosed under Part 3 and the purpose for which that disclosure may be made; and".

25New Part 6 inserted

After Part 5 of the Spent Convictions Act 2021 insert—

"PART 6—TRANSITIONAL PROVISIONS

27Justice Legislation Amendment Act 2023

(1)This Act, as amended by Part 4 of the Justice Legislation Amendment Act 2023, applies to an application for a spent conviction order made under section 11 but not yet determined under section 19 on the date of commencement of that Part.

(2)Despite section 11(4) of this Act, a person whose application for a spent conviction order was refused by the Magistrates' Court before the commencement of Part 4 of the Justice Legislation Amendment Act 2023 may apply for a spent conviction order in relation to the same conviction without producing new information in support of the application if the person reasonably believes that they are eligible for a spent conviction order in relation to that conviction because of the amendments made by that Part.".

PART 5—AMENDMENT OF FIREFIGHTERS' PRESUMPTIVE RIGHTS COMPENSATION LEGISLATION

Division 1—Amendment of Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019

26Schedule 1 amended

In Schedule 1 to the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, after item 12 insert—

"13	Primary site cervical cancer	10 years
14	Primary site ovarian cancer	10 years
15	Primary site uterine cancer	10 years".

Division 2—Amendment of Forests Act 1958

27Third Schedule amended

In the Third Schedule to the Forests Act 1958, after item 12 insert—

"13	Primary site cervical cancer	10 years
14	Primary site ovarian cancer	10 years
15	Primary site uterine cancer	10 years".

PART 6—AMENDMENTS IN RELATION TO THE LEGAL PROFESSION

28Part 9A heading amended

In the heading to Part 9A of the Legal Profession Uniform Law Application Act 2014, after "Registers" insert "and reviews".

29Section 150E substituted

For section 150E of the Legal Profession Uniform Law Application Act 2014 substitute—

"150E   Quashing of disciplinary action

If disciplinary action is quashed on appeal or review, any reference to that disciplinary action must be removed from the register.".

30New Division 3 inserted in Part 9A

After Division 2 of Part 9A of the Legal Profession Uniform Law Application Act 2014 insert—

"Division 3—Reviews of disciplinary action

150HTime limit for review application in relation to determination of unsatisfactory professional conduct

For the purposes of section 314(1) of the Legal Profession Uniform Law (Victoria), an application for a review by VCAT of a determination of the Victorian Commissioner under section 299 of that Law must be made within 28 days after the day on which the determination is notified to the respondent lawyer or legal practitioner associate of the respondent law practice.".

31New section 153A inserted

After section 153 of the Legal Profession Uniform Law Application Act 2014 insert—

"153A   Classification of offences

An offence against section 148 or 353 of the Legal Profession Uniform Law (Victoria) is an indictable offence.".

32New Division 13 inserted in Part 12

After Division 12 of Part 12 of the Legal Profession Uniform Law Application Act 2014 insert—

"Division 13—Justice Legislation Amendment Act 2023

188Definitions

In this Division—

commencement day means the day after the day on which the Justice Legislation Amendment Act 2023 receives the Royal Assent;

the register has the meaning given by section 150A;

unsatisfactory professional conduct determination means a determination of the Victorian Commissioner under section 299 of the Legal Profession Uniform Law (Victoria).

189Register of disciplinary action

(1)The recording of information about an unsatisfactory professional conduct determination on the register, or the provision of that information to a member of the public, before the commencement day is taken to have been as valid as it would have been if section 150E (as in force before the commencement day) was not in operation at the time the information was recorded or provided.

(2)Section 150E (as substituted by the Justice Legislation Amendment Act 2023) applies on and after the commencement day whether the reference to the disciplinary action was recorded on the register before, on or after that day.

190Review application in relation to determination of unsatisfactory professional conduct

(1)Subject to subsection (2), section 150H applies on and after the commencement day in relation to—

(a)an unsatisfactory professional conduct determination made on or after the commencement day; and

(b)an unsatisfactory professional conduct determination made before the commencement day if no application for a review by VCAT of the determination was made before that day.

(2)If an unsatisfactory professional conduct determination was made within the period of 3 months immediately before the commencement day and no application for a review by VCAT of the determination was made before the commencement day, the period of 28 days specified in section 150H is taken to start on the commencement day.

191Classification of offences

(1)Section 153A applies only to offences alleged to have been committed on or after the commencement day.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 days, one before and one on or after the commencement day, the offence is alleged to have been committed before the commencement day.".

33Amendment of Criminal Procedure Act 2009

After item 18 of Schedule 2 to the Criminal Procedure Act 2009 insert—

"18A   Legal Profession Uniform Law (Victoria)

18A.1Indictable offences under the Legal Profession Uniform Law (Victoria).".

PART 7—AMENDMENT OF CHILDREN, YOUTH AND FAMILIES ACT 2005

34Definitions

(1)In section 3(1) of the Children, Youth and Families Act 2005 insert the following definition—

"information system has the same meaning as in the Electronic Transactions (Victoria) Act 2000;".

(2)In section 3(1) of the Children, Youth and Families Act 2005, in the definition of proper venue, in paragraphs (d)(ii)(C), (e)(ii)(C) and (f)(ii)(B), for "court" substitute "Court".

35How proceeding in Family Division commenced

In section 214 of the Children, Youth and Families Act 2005, for "with the appropriate registrar" substitute "in the Court".

36Application for temporary assessment order by notice

In section 228(4)(a) of the Children, Youth and Families Act 2005 omit "by the appropriate registrar".

37Making a protection application without placing child in emergency care

In section 243(2)(a) of the Children, Youth and Families Act 2005 omit "by the appropriate registrar".

38Secretary may apply for therapeutic treatment order

In section 246(2)(a) of the Children, Youth and Families Act 2005 omit "by the appropriate registrar".

39When can a therapeutic treatment (placement) order be made?

In section 252(3)(a) of the Children, Youth and Families Act 2005 omit "by the appropriate registrar".

40Revocation of order

In section 258(4)(a) of the Children, Youth and Families Act 2005 omit "by the appropriate registrar".

41Application if there is an irreconcilable difference

In section 259(4)(a) of the Children, Youth and Families Act 2005 omit "by the appropriate registrar".

42Conciliation counselling

(1)For section 260(1) of the Children, Youth and Families Act 2005 substitute—

"(1)Before a person files an irreconcilable difference application in the Court, the person must lodge an application for conciliation counselling with the Secretary.".

(2)After section 260(6) of the Children, Youth and Families Act 2005 insert—

"(7)A person who files an irreconcilable difference application in the Court must file with that application a certificate of conciliation counselling issued by the Secretary within the last 3 months.".

43Interim accommodation order

In section 262(1)(b), (d) and (5)(b) of the Children, Youth and Families Act 2005, for "with the appropriate registrar" substitute "in the Court".

44Power of Secretary to transfer child

In section 266(2)(b) of the Children, Youth and Families Act 2005, for "appropriate registrar" substitute "Court".

45Application for permanent care order

In section 320(5)(a) of the Children, Youth and Families Act 2005 omit "by the appropriate registrar".

46Variation or revocation of permanent care order

In section 326(3)(a) of the Children, Youth and Families Act 2005 omit "by the appropriate registrar".

47Reporting and monitoring

In section 409L(4) of the Children, Youth and Families Act 2005, for "with the appropriate registrar" substitute "in the Court".

48Youth control order planning meeting report to be filed with registrar

(1)In the heading to section 409W of the Children, Youth and Families Act 2005, for "with registrar" substitute "in the Court".

(2)In section 409W of the Children, Youth and Families Act 2005, for "with the appropriate registrar" substitute "in the Court".

49Explanation of and reasons for orders

In section 527(3) of the Children, Youth and Families Act 2005, for "appropriate registrar" substitute "Court".

50Witness summonses

(1)In section 532(10) of the Children, Youth and Families Act 2005, for "appropriate registrar" substitute "Court".

(2)For section 532(11) of the Children, Youth and Families Act 2005 substitute—

"(11)If requested to do so, the Court must give a receipt to a person who produces a document or thing to the Court under subsection (10).".

(3)In section 532(12) of the Children, Youth and Families Act 2005, for "appropriate registrar" substitute "Court".

51Court may issue or transmit court documents electronically

After section 533A(2) of the Children, Youth and Families Act 2005 insert—

"(2A)Without limiting subsections (1) and (2), the issuing or transmission of any order, process or document by electronic communication may include the use of an information system.".

52New section 533B inserted

After section 533A of the Children, Youth and Families Act 2005 insert—

"533B   Court may receive documents electronically

Any document to be filed in the Court may be filed by electronic communication, including by using an information system.".

53Process

For section 538(3) of the Children, Youth and Families Act 2005 substitute—

"(3)Process issued by a registrar may be recalled and cancelled by—

(a)the principal registrar; or

(b)a judicial registrar; or

(c)any other registrar; or

(d)a magistrate.".

54Attendance at Court of author of report

(1)In section 550(2)(b) of the Children, Youth and Families Act 2005, for "with the appropriate registrar or a court liaison officer at the proper venue of" substitute "in".

(2)In section 550(3) of the Children, Youth and Families Act 2005—

(a)for "registrar or court liaison officer" substitute "Court";

(b)for "his or her" substitute "the author's".

55Pre-sentence report to be filed with registrar

(1)In the heading to section 574 of the Children, Youth and Families Act 2005, for "with registrar" substitute "in the Court".

(2)In section 574 of the Children, Youth and Families Act 2005, for "with the appropriate registrar" substitute "in the Court".

56Group conference report to be filed with registrar

(1)In the heading to section 579 of the Children, Youth and Families Act 2005, for "with registrar" substitute "in the Court".

(2)In section 579 of the Children, Youth and Families Act 2005, for "with the appropriate registrar" substitute "in the Court".

57Notice to be filed if child is placed in emergency care or apprehended without warrant

For section 587 of the Children, Youth and Families Act 2005 substitute—

"587   Notice to be filed if child is placed in emergency care or apprehended without warrant

As soon as possible after a person places a child in emergency care or apprehends a child without a warrant under this Act (other than under section 172(3)), and before an application is made to the Court in respect of that child, the person must file a notice in the Court setting out the grounds for placing the child in emergency care or apprehending the child.".

58Rules

In section 588(1AAB)(c)(i) of the Children, Youth and Families Act 2005 omit "with the appropriate registrar".

59Part 8.5A repealed—statute law revision

Part 8.5A of the Children, Youth and Families Act 2005 is repealed.

PART 8—AMENDMENT OF JURY DIRECTIONS ACT 2015

60Application of Division

At the end of section 47A of the Jury Directions Act 2015 insert—

"(2)If an absence of consent is not an element of the sexual offence, this Division applies in relation to the acts alleged to constitute the offence charged in the same way that it applies in relation to acts constituting an offence of which absence of consent is an element.

(3)For an offence of conspiracy or incitement to commit a sexual offence, subsection (2) applies in relation to the acts alleged to constitute, or that would constitute, the sexual offence that is the subject of the conspiracy or incitement.

(4)In giving a direction set out in a provision of this Division in a proceeding to which subsection (2) applies, the trial judge may use a form of words that reflects that an absence of consent is not an element of the sexual offence, regardless of whether or how consent is referred to in that provision.

Example

In a proceeding for an offence under section 49B of the Crimes Act 1958 (sexual penetration of a child under the age of 16), the trial judge considers there are good reasons to give a direction under section 47C(1)(a) (a direction on the absence of physical injury, violence or a threat). The trial judge gives the direction in section 47D by informing the jury that experience shows that—

(a)    there are many different circumstances in which sexual offending against a child may occur; and

(b)    sexual offending against a child may occur without the child being physically injured or subjected to violence, or threatened with physical injury or violence.

(5)Nothing in subsection (2), (3) or (4) affects or takes away from section 6.".

61Direction on evidence of post-offence relationship

In section 54H(5) of the Jury Directions Act 2015—

(a)in paragraph (a), for "act to which they did not consent" substitute "offence";

(b)in paragraph (b)—

(i)for "act without their consent" substitute "offence";

(ii)for "act" (where secondly occurring) substitute "offence";

(c)in paragraph (c)—

(i)for "act without their consent" substitute "offence";

(ii)in subparagraph (i), for "act" substitute "offence".

62Transitional provisions

(1)After clause 6(2) of Schedule 1 to the Jury Directions Act 2015 insert—

"(2A)On and after the commencement of Part 8 of the Justice Legislation Amendment Act 2023, subclause (2) no longer applies.

Note

See clause 7(1) for the transitional arrangements that apply to the amendments referred to in subclause (2) on and after the commencement of Part 8 of the Justice Legislation Amendment Act 2023.".

(2)After clause 6 of Schedule 1 to the Jury Directions Act 2015 insert—

"7   Justice Legislation Amendment Act 2023

(1)On and after the commencement day, an amendment referred to in clause 6(2) applies to—

(a)a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after that day; or

(b)a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after that day—

irrespective of when the offence to which the trial, summary hearing, committal proceeding, appeal, case stated or special hearing relates is alleged to have been committed.

(2)An amendment made to this Act by sections 60 and 61 of the Justice Legislation Amendment Act 2023 applies only to—

(a)a trial that commences (within the meaning of the Criminal Procedure Act 2009) on or after the commencement day; or

(b)a summary hearing, committal proceeding, appeal, case stated or special hearing referred to in section 4A(1) for which the specified day is on or after the commencement day.

(3)In this clause—

commencement day means the day on which Part 8 of the Justice Legislation Amendment Act 2023 comes into operation;

specified day means—

(a)for a committal proceeding under the Criminal Procedure Act 2009, the day on which the committal hearing commences; and

(b)for a case stated under the Criminal Procedure Act 2009 or Part 5.4 of the Children, Youth and Families Act 2005, the day of the commencement of the hearing from which the question of law arises; and

(c)in any other case, the day of the commencement of the summary hearing, the hearing of the appeal, or the special hearing (as the case requires).".

PART 9—AMENDMENT OF CRIMINAL PROCEDURE ACT 2009

63Persons who may witness statements in preliminary brief, full brief or hand-up brief

After item 39 of Schedule 3 to the Criminal Procedure Act 2009 insert—

"40An authorised officer within the meaning of the Dairy Act 2000.

41A person, or a member of a class of persons, authorised to be an inspector under section 70 of the Meat Industry Act 1993.".

PART 10—VCAT-RELATED AMENDMENTS

Division 1—Amendment of Victorian Civil and Administrative Tribunal Act 1998

64Definitions

In section 57A(1) of the Victorian Civil and Administrative Tribunal Act 1998, for the definition of invalid Tribunal decision substitute—

"invalid Tribunal decision means a decision, order or declaration, or purported decision, order or declaration, made on or before the date on which the Justice Legislation Amendment Act 2023 receives the Royal Assent by the Tribunal in any proceeding determined by exercising judicial power involving federal subject matter which is invalid only because of that reason;".

65Applications to Magistrates' Court

(1)For section 57B(1)(c) of the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"(c)a person who was a party to a proceeding in the Tribunal in which an order of the Tribunal was set aside by a court, on an appeal or review commenced on or before the date on which the Justice Legislation Amendment Act 2023 receives the Royal Assent, on the ground that the Tribunal had no jurisdiction to exercise judicial power to resolve controversies involving federal subject matter.".

(2)Section 57B(6) of the Victorian Civil and Administrative Tribunal Act 1998 is repealed.

66Rights and liabilities do not apply in certain circumstances

After section 57I(2) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(3)Sections 57F, 57G and 57H do not apply if an appeal or a review which includes the ground that the Tribunal has no jurisdiction to exercise judicial power to resolve controversies involving federal subject matter has been commenced but not determined after 10 August 2021 and before or on the date on which the Justice Legislation Amendment Act 2023 receives the Royal Assent.

Note

10 August 2021 is the day of Royal Assent of the Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021.".

67More appropriate forum

(1)For section 77(2) of the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"(2)An order under subsection (1) may be made on the application of a party or on the Tribunal's own initiative.".

(2)For section 77(4) of the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"(4)If the Tribunal refers a matter to a court under subsection (3), the court may extend any limitation period that applies to the commencement of a proceeding in relation to that matter so as to allow the proceeding to be commenced and determined, if the court is satisfied that—

(a)the proceeding involves the same subject matter as a proceeding in the Tribunal that was struck out under subsection (1) on the ground, or on grounds that included, that the Tribunal lacked jurisdiction to exercise judicial power to resolve controversies involving federal subject matter within the meaning of section 57A(1); and

(b)the late commencement of the proceeding is attributable to additional steps the person commencing it was required to take to have it determined by the court because the Tribunal proceeding was struck out; and

(c)it is fair and reasonable to extend the limitation period.

(5)The Tribunal's power to make an order under subsection (1) and to refer a matter under subsection (3) is exercisable only by—

(a)a presidential member; or

(b)a senior member who has been an Australian lawyer for not less than 5 years.".

Division 2—Amendment of Wrongs Act 1958

68Definitions for Part IV

In section 23A(3) of the Wrongs Act 1958—

(a)insert the following definitions—

"court includes VCAT;

judgment, in relation to VCAT, includes decision, order and declaration;".

(b)in the definition of writ, after paragraph (a) insert—

"(ab)application to VCAT;".

69Recovery of contribution

In section 24(2) and (2B) of the Wrongs Act 1958, for "trial" (wherever occurring) substitute "proceeding".

70New section 24ADA inserted

After section 24AD of the Wrongs Act 1958 insert—

"24ADA   Transitional and validating for Part IV—Justice Legislation Amendment Act 2023

(1)The amendments to this Part by sections 68 and 69 of the amending Act apply on and after the commencement date whether the damage in question occurred before, on or after the commencement date.

(2)In addition to subsection (1), but subject to subsection (3), a decision, order or declaration made or purportedly made by VCAT under this Part before the commencement date is as valid and effective as it would have been if the amendments made by sections 68 and 69 of the amending Act had been in operation at the time the decision, order or declaration was made or purportedly made.

(3)Subsection (2) does not apply in relation to a decision, order or declaration of VCAT if—

(a)an order was made by the County Court or the Supreme Court (including the Court of Appeal) before the commencement date which quashed, overturned or reversed the decision, order or declaration on the ground that VCAT had no jurisdiction to make a decision, order or declaration in respect of contribution under this Part; or

(b)an appeal or a review which includes the ground that VCAT has no jurisdiction to make a decision, order or declaration in respect of contribution under this Part has been commenced but not determined before the commencement date.

(4)In this section—

amending Act means the Justice Legislation Amendment Act 2023;

commencement date means the day on which Division 2 of Part 10 of the amending Act comes into operation.".

71Definitions for Part V

In section 25 of the Wrongs Act 1958, for the definition of court substitute—

"court includes VCAT and an arbitrator and, in relation to any claim, means VCAT, the court or the arbitrator by or before which the claim falls to be determined;".

72New section 28AAB inserted

After section 28AA of the Wrongs Act 1958 insert—

"28AAB   Transitional and validating for Part V—Justice Legislation Amendment Act 2023

(1)The amendment to this Part by section 71 of the amending Act applies on and after the commencement date whether the damage in question occurred before, on or after the commencement date.

(2)In addition to subsection (1), but subject to subsection (3), a decision, order or declaration made or purportedly made by VCAT under this Part before the commencement date is as valid and effective as it would have been if the amendment made by section 71 of the amending Act had been in operation at the time the decision, order or declaration was made or purportedly made.

(3)Subsection (2) does not apply in relation to a decision, order or declaration of VCAT if—

(a)an order was made by the County Court or the Supreme Court (including the Court of Appeal) before the commencement date which quashed, overturned or reversed the decision, order or declaration on the ground that VCAT had no jurisdiction to make a decision, order or declaration in respect of contributory negligence under this Part; or

(b)an appeal or a review which includes the ground that VCAT has no jurisdiction to make a decision, order or declaration in respect of contributory negligence under this Part has been commenced but not determined before the commencement date.

(4)In this section—

amending Act means the Justice Legislation Amendment Act 2023;

commencement date means the day on which Division 2 of Part 10 of the amending Act comes into operation.".

Division 3—Amendment of Limitation of Actions Act 1958

73Definitions

In section 3(1) of the Limitation of Actions Act 1958, in the definition of action, after "law" insert "or in VCAT".

74New section 39B inserted

After section 39A of the Limitation of Actions Act 1958 insert—

"39B   Transitional—2023 amending Act

The amendment made to this Act by section 73 of the Justice Legislation Amendment Act 2023 applies on and after the commencement of Division 3 of Part 10 of that Act to causes of action whether accruing before, on or after that commencement.".

Division 4—Amendment of Domestic Building Contracts Act 1995

75VCAT to be chiefly responsible for resolving domestic building disputes

(1)After section 57(2) of the Domestic Building Contracts Act 1995 insert—

"(2A)The Court is not required to stay an action referred to in subsection (1) if the Court is satisfied that the action raises, or there are reasonable grounds for the Court to consider that the action may in the future raise, a controversy involving federal subject matter (within the meaning of section 57A(1) of the Victorian Civil and Administrative Tribunal Act 1998) that VCAT has no jurisdiction to exercise judicial power to resolve.".

(2)In section 57(3) of the Domestic Building Contracts Act 1995, for "dismissed" substitute "struck out".

PART 11—AMENDMENT OF CRIMES ACT 1958

76Definitions

In section 464(2) of the Crimes Act 1958 the definition of Aboriginal person is repealed.

77Section 464AAB amended

(1)In the heading to section 464AAB of the Crimes Act 1958, after "Aboriginal person" insert "or Torres Strait Islander".

(2)In section 464AAB of the Crimes Act 1958, after "Aboriginal person" insert "or a Torres Strait Islander".

(3)In the note to section 464AAB of the Crimes Act 1958, after "Aboriginal person" insert "or a Torres Strait Islander".

78Section 464FA amended

(1)In the heading to section 464FA of the Crimes Act 1958, after "Aboriginal person" insert "or Torres Strait Islander".

(2)For section 464FA(1) and (2) of the Crimes Act 1958 substitute—

"(1)An investigating official must notify VALS if—

(a)a person is taken into custody; and

(b)either—

(i)the person states (whether or not in response to a question asked by an investigating official) that they are an Aboriginal person or a Torres Strait Islander; or

(ii)the investigating official who took the person into custody knows or is of the opinion that the person is an Aboriginal person or a Torres Strait Islander.

Note

Section 464AAB requires that an investigating official who takes a person into custody must ask the person whether they are an Aboriginal person or a Torres Strait Islander.

(2)The notification must be made—

(a)within one hour of the person being taken into custody; or

(b)if it is not practicable to do so within one hour, as soon as it is practicable to do so.".

(3)In section 464FA(3) of the Crimes Act 1958, for "Aboriginal person" substitute "person taken into custody".

PART 12—AMENDMENT OF VICTORIA POLICE ACT 2013

79Schedule 5 amended

After item 7.3 of Schedule 5 to the Victoria Police Act 2013 insert—

"7.4Prescribing fees or charges that may be imposed for the provision of services by police officers, protective services officers or Victoria Police employees.".

PART 13—REPEAL OF THIS ACT

80Repeal of this Act

This Act is repealed on 1 January 2025.

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).

═════════════

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: 16 August 2023

Legislative Council: 31 August 2023

The long title for the Bill for this Act was "A Bill for an Act to amend the Open Courts Act 2013, the Court Security Act 1980, the Coroners Act 2008, the Spent Convictions Act 2021, the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, the Forests Act 1958, the Legal Profession Uniform Law Application Act 2014, the Criminal Procedure Act 2009, the Children, Youth and Families Act 2005, the Jury Directions Act 2015, the Victorian Civil and Administrative Tribunal Act 1998, the Wrongs Act 1958, the Limitation of Actions Act 1958, the Domestic Building Contracts Act 1995, the Crimes Act 1958 and the Victoria Police Act 2013 and for other purposes."