Justice Legislation Amendment (Committals) Act 2025 (Vic)
Justice Legislation Amendment (Committals) Act 2025
No. 5 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Criminal Procedure Act 2009
Division 1—Removing the test for committal
3Purposes of a committal proceeding
4Leave required to cross-examine other witnesses
5Committal hearing
6Accused (natural person) absent at close of prosecution case
7Section 141 substituted
8Determination of committal proceeding where plea brief used
9Section 155 repealed
Division 2—Leave to cross-examine witnesses and other evidentiary protections for witnesses
10Contents of case direction notice
11Section 123 amended
12Leave required to cross-examine other witnesses
13Cross-examination of witnesses
14Leave to cross-examine witness on different issue
15Section 133 repealed
16Powers of court at directions hearing
17Section 198A amended
18Application for leave
19Section 349 amended
20Application of Division—procedure and rules for children and cognitively impaired complainants
21Time limits for special hearing
22Timing arrangements for special hearing during trial
23Admissibility of evidence from special hearing
Division 3—Early committal for trial in Supreme Court
24Hearings in a committal proceeding and attendance of accused
25Contents of case direction notice
26Late application for leave to cross-examine witness
27Leave required to cross-examine other witnesses
28Committal mention hearing
29New Part 4.6A inserted
30Order for accused to cross-examine witness before trial in certain cases
Division 4—Miscellaneous amendments
31Contents of full brief
32Contents of hand-up brief
33Committal mention hearing
34Committal case conference
35Power to return accused to youth justice centre
36New section 463 inserted
37Schedule 3 amended
Division 5—Consequential amendments—family violence offence
38Definitions
39Application of Division—cross-examination of protected witnesses
40Application of Division—alternative arrangements for giving evidence
41When court must direct use of closed-circuit television or other facilities for complainant
42Application of this Division—use of recorded evidence-in-chief of children and cognitively impaired witnesses in sexual offence, assault and family violence matters
43Application of Division—ground rules hearings and intermediaries
Part 3—Amendment of other Acts in relation to committals
Division 1—References to discharged by a court
44Accident Towing Services Act 2007
45Bus Safety Act 2009
46Evidence (Miscellaneous Provisions) Act 1958
47Family Violence Protection Act 2008
48Worker Screening Act 2020
Division 2—Amendment of Children, Youth and Families Act 2005
49Jurisdiction of Criminal Division
50New section 635A inserted
Division 3—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
51Committals
52When may the question of mental impairment be raised?
53Committals
54When may the question of mental impairment be raised?
55Schedule 3—Savings and transitional provisions
Division 4—Amendment of Evidence (Miscellaneous Provisions) Act 1958
56Appearance of adult accused before Magistrates' Court
57New section 169 inserted
Division 5—Amendment of Family Violence Protection Act 2008
58Court may make interim order on its own motion in a criminal proceeding
Division 6—Amendment of Magistrates' Court Act 1989
59Extent of jurisdiction
60Schedule 8—Savings and transitionals
Division 7—Amendments related to Youth Justice Act 2024 and joint committals
61Children, Youth and Families Act 2005
62Magistrates' Court Act 1989
Part 4—Repeal of this Act
63Repeal of this Act
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Endnotes
1 General information
Justice Legislation Amendment (Committals) Act 2025
No. 5 of 2025
[Assented to 25 February 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Criminal Procedure Act 2009 to reform the process for committal proceedings, including by—
(i)removing the test for committal; and
(ii)extending the prohibition on cross‑examination to other proceedings; and
(iii)strengthening the test for granting leave to cross-examine; and
(iv)providing for early committal for trial in the Supreme Court; and
(b)to make other miscellaneous amendments to the Criminal Procedure Act 2009; and
(c)to make amendments to other Acts in relation to committal proceedings.
2Commencement
(1)Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act (other than Division 7 of Part 3) does not come into operation before 28 December 2025, it comes into operation on that day.
(3)If Division 7 of Part 3 does not come into operation before 30 September 2026, it comes into operation on that day.
PART 2—AMENDMENT OF CRIMINAL PROCEDURE ACT 2009
Division 1—Removing the test for committal
3Purposes of a committal proceeding
Section 97(b) and (d)(iii) of the Criminal Procedure Act 2009 are repealed.
4Leave required to cross-examine other witnesses
Section 124(4)(c) of the Criminal Procedure Act 2009 is repealed.
5Committal hearing
For section 128(c) of the Criminal Procedure Act 2009 substitute—
"(c)if the committal hearing proceeds, must determine the committal proceeding in accordance with section 141;".
6Accused (natural person) absent at close of prosecution case
In section 137 of the Criminal Procedure Act 2009 omit ", unless it makes an order under section 141(4)(a) for the accused to be discharged".
7Section 141 substituted
For section 141 of the Criminal Procedure Act 2009 substitute—
141Determination of committal proceeding where hand-up brief used"
If a hand-up brief is served and the accused has not elected to stand trial under section 143, the Magistrates' Court must commit the accused for trial in accordance with section 144—
(a)if there is to be no cross-examination of witnesses, at the end of the committal mention hearing; or
(b)if there is to be cross-examination of witnesses, at the end of the committal hearing.".
8Determination of committal proceeding where plea brief used
In section 142(1)(b) of the Criminal Procedure Act 2009 omit "and, in the opinion of the court, the evidence is of sufficient weight to support a conviction for the offence with which the accused is charged".
9Section 155 repealed
Section 155 of the Criminal Procedure Act 2009 is repealed.
Division 2—Leave to cross-examine witnesses and other evidentiary protections for witnesses
10Contents of case direction notice
(1)For section 119(c)(ii) and (iii) of the Criminal Procedure Act 2009 substitute—
"(ii)how cross-examination of the witness on the issue is directly and substantially relevant to that issue; and
(iii)the reasons why, in the interests of justice, the witness should be cross-examined on that issue; and
(iv)why the accused is of the view that the reasons referred to in subparagraph (iii) are substantial reasons;".
(2)For note 1 at the foot of section 119(c) of the Criminal Procedure Act 2009 substitute—
"1 See section 123(1) for certain proceedings in which the Magistrates' Court must not grant leave to cross‑examine any witness.".
11Section 123 amended
(1)In the heading to section 123 of the Criminal Procedure Act 2009, for "sexual offence cases" substitute "proceedings".
(2)For section 123(1) of the Criminal Procedure Act 2009 substitute—
"(1)This section applies to a proceeding that relates (wholly or partly) to a charge for—
(a)a sexual offence; or
(b)a family violence offence; or
(c)an offence against section 21A(1) of the Crimes Act 1958 (stalking).".
(3)The examples at the foot of section 123(2) of the Criminal Procedure Act 2009 are repealed.
12Leave required to cross-examine other witnesses
(1)In section 124(3) of the Criminal Procedure Act 2009—
(a)in paragraph (a) omit "and has provided a reason why the evidence of the witness is relevant to that issue";
(b)for paragraph (b) substitute—
"(b)cross-examination of the witness on the issue is directly and substantially relevant to that issue; and
(c)there are substantial reasons why, in the interests of justice, the witness should be cross-examined on that issue.".
(2)In section 124(4) of the Criminal Procedure Act 2009—
(a)for "cross-examination is justified" substitute "there are substantial reasons why, in the interests of justice, the witness should be cross-examined on an issue";
(b)in paragraph (g), for "permitted; and" substitute "permitted.";
(c)paragraph (h) is repealed.
(3)In section 124(5A) of the Criminal Procedure Act 2009, in the definition of specified witness—
(a)in paragraph (b), for "impairment; or" substitute "impairment.";
(b)paragraph (c) is repealed.
13Cross-examination of witnesses
In section 132 of the Criminal Procedure Act 2009—
(a)in subsection (2)(a), for "does not relate to" substitute "is not directly and substantially relevant to";
(b)for subsection (2)(b) substitute—
"(b)there are not substantial reasons why, in the interests of justice, the question should be asked.";
(c)in subsection (3), for "a question is justified" substitute "to disallow a question under subsection (2)(b)".
14Leave to cross-examine witness on different issue
In section 132A of the Criminal Procedure Act 2009—
(a)in subsection (4)(a) omit "and has provided a reason why the evidence of the witness is relevant to that issue";
(b)for subsection (4)(b) substitute—
"(b)cross-examination of the witness on the issue is directly and substantially relevant to that issue; and
(c)there are substantial reasons why, in the interests of justice, the witness should be cross-examined on that issue.";
(c)in subsection (5), for "cross-examination on an issue is justified" substitute "there are substantial reasons why, in the interests of justice, the witness should be cross‑examined on that issue".
15Section 133 repealed
Section 133 of the Criminal Procedure Act 2009 is repealed.
16Powers of court at directions hearing
In section 181(2)(d) of the Criminal Procedure Act 2009, after "a sexual offence" insert "or a family violence offence".
17Section 198A amended
(1)In the heading to section 198A of the Criminal Procedure Act 2009 omit "sexual offence".
(2)In section 198A of the Criminal Procedure Act 2009—
(a)in subsection (2) omit "who was a child or a person with a cognitive impairment when the criminal proceeding commenced";
(b)for subsection (3)(b) and (c) substitute—
"(b)how cross-examination of the witness on the issue is directly and substantially relevant to that issue; and
(c)the reasons why, in the interests of justice, the witness should be cross‑examined on that issue; and
(d)why the accused is of the view that the reasons referred to in paragraph (c) are substantial reasons.";
(c)in subsection (4)(a) omit "and has provided a reason why the evidence of the witness is relevant to that issue";
(d)for subsection (4)(b) substitute—
"(b)cross-examination of the witness on the issue is directly and substantially relevant to that issue; and
(c)there are substantial reasons why, in the interests of justice, the witness should be cross-examined on that issue.";
(e)in subsection (5), for "cross-examination is justified" substitute "there are substantial reasons why, in the interests of justice, the witness should be cross-examined on that issue".
18Application for leave
Section 344(b) of the Criminal Procedure Act 2009 is repealed.
19Section 349 amended
(1)In the heading to section 349 of the Criminal Procedure Act 2009, for "summary hearing, committal proceeding" substitute "summary hearing".
(2)In section 349 of the Criminal Procedure Act 2009, for "summary hearing, committal proceeding" substitute "summary hearing".
20Application of Division—procedure and rules for children and cognitively impaired complainants
For section 369(1) of the Criminal Procedure Act 2009 substitute—
"(1)This Division applies to a trial in a criminal proceeding that relates (wholly or partly) to a charge for—
(a)a sexual offence; or
(b)a family violence offence.".
21Time limits for special hearing
(1)In section 371(1)(a) of the Criminal Procedure Act 2009, for "3 months after the day on which" substitute "the applicable period after".
(2)For the note at the foot of section 371(1) of the Criminal Procedure Act 2009 substitute—
"Note
Sections 211 and 212 impose time limits for commencing trials for offences.".
(3)After section 371(1) of the Criminal Procedure Act 2009 insert—
"(1A)Subject to subsection (1B), the applicable period is—
(a)for a trial in a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence, a period of 3 months; or
(b)for a trial in a criminal proceeding that relates (wholly or partly) to a charge for a family violence offence, a period of 12 months.
(1B)If a trial in a criminal proceeding relates partly to a charge for a sexual offence and partly to a charge for a family violence offence, the applicable period is a period of 3 months.".
22Timing arrangements for special hearing during trial
For the note at the foot of section 371A of the Criminal Procedure Act 2009 substitute—
"Note
Sections 211 and 212 impose time limits for commencing trials for offences.".
23Admissibility of evidence from special hearing
For section 374(2)(b)(ii) and (iii) of the Criminal Procedure Act 2009 substitute—
"(ii)another proceeding in the same court for—
(A)the charge for the sexual offence or the family violence offence (as the case requires); or
(B)a charge for a related offence; or
(iii)a civil proceeding arising from the same facts as those on which the charge for the sexual offence or the family violence offence is founded.".
Division 3—Early committal for trial in Supreme Court
24Hearings in a committal proceeding and attendance of accused
For section 100(1A) of the Criminal Procedure Act 2009 substitute—
"(1A)A committal hearing is not to be held in—
(a)a committal proceeding to which section 123 applies; or
Note
Section 123(1) specifies proceedings in which the Magistrates' Court must not grant leave to cross-examine any witness.
(b)a committal proceeding in which Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court.
Note
Section 125(1)(a) provides for the Magistrates' Court to determine a committal proceeding in accordance with Part 4.6A at a committal mention hearing.".
25Contents of case direction notice
(1)After note 1 at the foot of section 119(c) of the Criminal Procedure Act 2009 insert—
"1AAIf Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court, there is to be no committal hearing at which cross-examination could occur—see section 100(1A)(b).".
(2)In note 1A at the foot of section 119(c) of the Criminal Procedure Act 2009, for "At" substitute "Except as provided by section 125(1A), at".
26Late application for leave to cross-examine witness
For the note at the foot of section 120(1) of the Criminal Procedure Act 2009 substitute—
"Notes
1 See section 123(1) for certain proceedings in which the Magistrates' Court must not grant leave to cross‑examine any witness.
2 If Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court, there is to be no committal hearing at which cross-examination could occur—see section 100(1A)(b).".
27Leave required to cross-examine other witnesses
For section 124(1AA) of the Criminal Procedure Act 2009 substitute—
"(1AA)This section does not apply to—
(a)a committal proceeding to which section 123 applies; or
Note
Section 123(1) specifies proceedings in which the Magistrates' Court must not grant leave to cross-examine any witness.
(b)a committal proceeding in which Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court.
Note
If Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court, there is to be no committal hearing at which cross-examination could occur—see section 100(1A)(b).".
28Committal mention hearing
(1)In section 125(1)(a) of the Criminal Procedure Act 2009—
(a)omit "immediately";
(b)for "section 141" substitute "section 127B, 127C, 127E, 141".
(2)For section 125(1A) of the Criminal Procedure Act 2009 substitute—
"(1A)Subsection (1)(c) and (d) do not apply to—
(a)a committal proceeding to which section 123 applies; or
Note
Section 123(1) specifies proceedings in which the Magistrates' Court must not grant leave to cross-examine any witness.
(b)a committal proceeding in which Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court.
Note
If Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court, there is to be no committal hearing—see section 100(1A)(b).".
29New Part 4.6A inserted
After Part 4.6 of the Criminal Procedure Act 2009 insert—
"PART 4.6A—EARLY COMMITTAL FOR TRIAL IN SUPREME COURT
127ADefinition
In this Part—
applicable offence means an indictable offence that is—
(a)not within the jurisdiction of the County Court; or
Note
See section 36A of the County Court Act 1958 for the criminal jurisdiction of the County Court.
(b)prescribed by the regulations.
127BEarly committal—if committal proceeding not jointly conducted
(1)This section applies to a committal proceeding if—
(a)the committal proceeding is not being conducted jointly with another; and
(b)the accused is charged with an applicable offence; and
(c)a hand-up brief has been served on the accused and filed with the registrar.
(2)The Magistrates' Court must commit the accused for trial in the Supreme Court in accordance with section 144.
Note
Section 125(1)(a) provides for the Magistrates' Court to determine a committal proceeding in accordance with this section at a committal mention hearing.
127CEarly committal—if multiple accused are each charged with applicable offence
(1)This section applies to a committal proceeding if—
(a)the committal proceeding is being conducted jointly with another; and
(b)the accused in each of the committal proceedings is charged with an applicable offence; and
(c)in each of the committal proceedings, a hand-up brief has been served on the accused and filed with the registrar.
(2)The Magistrates' Court must commit the accused for trial in the Supreme Court in accordance with section 144.
Note
Section 125(1)(a) provides for the Magistrates' Court to determine a committal proceeding in accordance with this section at a committal mention hearing.
127DChildren's Court not to commit without consent of accused
Despite sections 127B(2) and 127C(2), the Children's Court must not commit an accused for trial in the Supreme Court under section 127B or 127C unless the accused consents.
127EEarly committal—if not every accused is charged with applicable offence
(1)This section applies to a committal proceeding if—
(a)the committal proceeding is being conducted jointly with another; and
(b)the accused in at least one of the committal proceedings is charged with an applicable offence; and
(c)the accused in at least one of the committal proceedings is not charged with an applicable offence; and
(d)in each of the committal proceedings, a hand-up brief has been served on the accused and filed with the registrar.
(2)The Magistrates' Court must commit the accused for trial in the Supreme Court in accordance with section 144 if—
(a)each accused consents; and
(b)the charges against each accused could properly be joined on an indictment.
Note
Section 125(1)(a) provides for the Magistrates' Court to determine a committal proceeding in accordance with this section at a committal mention hearing.
127FCommittal mention hearings in early committal
The Magistrates' Court may hold more than one committal mention hearing before committing an accused for trial under this Part if the court is satisfied that it is in the interests of justice to do so.
Note
If a committal mention hearing is to be held, a committal case conference must be held at that hearing—see section 127(2).".
30Order for accused to cross-examine witness before trial in certain cases
In section 198A of the Criminal Procedure Act 2009—
(a)in subsection (1), for "to which section 123 applies" substitute "—
(a)to which section 123 applies; or
(b)in which an accused has been committed for trial under section 127B, 127C or 127E";
(b)in subsection (2), after "a complainant" insert "in a criminal proceeding to which section 123 applies".
Division 4—Miscellaneous amendments
31Contents of full brief
After section 41(2) of the Criminal Procedure Act 2009 insert—
"(3)For the purposes of subsection (1)(e), relevant includes, in relation to information, documents and things, any information, document or thing that might reasonably be expected to—
(a)undermine the case for the prosecution; or
(b)assist the case for the accused.".
32Contents of hand-up brief
At the end of section 110 of the Criminal Procedure Act 2009 and before the note at the foot of that provision insert—
"(2)For the purposes of subsection (1), relevant includes, in relation to information, documents and things, any information, document or thing that might reasonably be expected to—
(a)undermine the case for the prosecution; or
(b)assist the case for the accused.".
33Committal mention hearing
After section 125(1)(f) of the Criminal Procedure Act 2009 insert—
"(fa)hold a committal case conference under section 127;".
34Committal case conference
(1)For section 127(1) and (2) of the Criminal Procedure Act 2009 substitute—
"(1)The purposes of a committal case conference are—
(a)to facilitate resolution of issues arising in the committal proceeding, including issues identified in the case direction notice; and
(b)to facilitate the identification and provision of material or other information to enable the resolution of issues in the proceeding.
(2)If a committal mention hearing is to be held in a committal proceeding, a committal case conference must be held at the committal mention hearing.
(2A)Despite subsection (2), the Magistrates' Court may determine that a committal case conference is not required to be held if the court considers that is in the interests of justice having regard to the purposes in subsection (1).".
(2)After section 127(3) of the Criminal Procedure Act 2009 insert—
"(4)The Magistrates' Court—
(a)must give a direction to indicate the start and end of a committal case conference; and
(b)may give any other directions at the committal case conference that the court considers appropriate.".
35Power to return accused to youth justice centre
In section 333(1)(b) of the Criminal Procedure Act 2009, for "to stand" substitute "for".
36New section 463 inserted
After section 462 of the Criminal Procedure Act 2009 insert—
463Transitional provision—Justice Legislation Amendment (Committals) Act 2025"
(1)Amendments made to this Act by the following provisions of the Justice Legislation Amendment (Committals) Act 2025 apply only to a committal proceeding commenced on or after the commencement of those amendments—
(a)Division 1 of Part 2;
(b)Division 3 of Part 2;
(c)sections 10, 12, 13 and 14;
(d)sections 33 and 34.
(2)Amendments made to this Act by sections 11, 15, 18 and 19 of the Justice Legislation Amendment (Committals) Act 2025 apply to a criminal proceeding commenced on or after the commencement of those amendments, irrespective of when the offence to which the proceeding relates is alleged to have been committed.
(3)Amendments made to this Act by sections 16, 20, 21, 22 and 23 of the Justice Legislation Amendment (Committals) Act 2025 apply only to a criminal proceeding in which an indictment is filed on or after the day on which those amendments come into operation.
(4)An amendment made to this Act by section 17 of the Justice Legislation Amendment (Committals) Act 2025 applies only to a criminal proceeding in which an accused is committed for trial on or after the day on which that amendment comes into operation.".
37Schedule 3 amended
(1)In item 4 of Schedule 3 to the Criminal Procedure Act 2009, for "Office of Enforcement or the Small Business, Engagement and Compliance area" substitute "Enforcement and Compliance area or the Markets Enforcement area".
(2)After item 41 of Schedule 3 to the Criminal Procedure Act 2009 insert—
"42An authorised water officer within the meaning of the Water Act 1989.".
Division 5—Consequential amendments—family violence offence
38Definitions
In section 3 of the Criminal Procedure Act 2009 insert the following definition—
"family violence offence means, except in Division 7B of Part 8.2, an offence where the conduct constituting the offence consists of family violence within the meaning of the Family Violence Protection Act 2008;".
39Application of Division—cross-examination of protected witnesses
For section 353(1)(b) of the Criminal Procedure Act 2009 substitute—
"(b)a family violence offence.".
40Application of Division—alternative arrangements for giving evidence
For section 359(1)(b) of the Criminal Procedure Act 2009 substitute—
"(b)a family violence offence; or".
41When court must direct use of closed-circuit television or other facilities for complainant
In section 363(2) of the Criminal Procedure Act 2009, for "an offence where the conduct constituting the offence consists of family violence within the meaning of the Family Violence Protection Act 2008" substitute "a family violence offence".
42Application of this Division—use of recorded evidence-in-chief of children and cognitively impaired witnesses in sexual offence, assault and family violence matters
For section 366(1)(ab) of the Criminal Procedure Act 2009 substitute—
"(ab)a family violence offence; or".
43Application of Division—ground rules hearings and intermediaries
For section 389A(1)(b) of the Criminal Procedure Act 2009 substitute—
"(b)a family violence offence; or".
PART 3—AMENDMENT OF OTHER ACTS IN RELATION TO COMMITTALS
Division 1—References to discharged by a court
44Accident Towing Services Act 2007
In section 3(4)(c) of the Accident Towing Services Act 2007, for "committal hearing" substitute "committal proceeding".
45Bus Safety Act 2009
In section 3(5)(c) of the Bus Safety Act 2009, for "committal hearing" substitute "committal proceeding".
46Evidence (Miscellaneous Provisions) Act 1958
In section 42BA(2)(a)(iii) of the Evidence (Miscellaneous Provisions) Act 1958, for "committal hearing" substitute "committal proceeding".
47Family Violence Protection Act 2008
In section 169A(2)(c) of the Family Violence Protection Act 2008, for "committal hearing" substitute "committal proceeding".
48Worker Screening Act 2020
In section 6(1)(c) of the Worker Screening Act 2020, for "committal hearing" substitute "committal proceeding".
Division 2—Amendment of Children, Youth and Families Act 2005
49Jurisdiction of Criminal Division
In section 516(1)(c)(ii) of the Children, Youth and Families Act 2005, after "child" insert "under section 126(4) of the Criminal Procedure Act 2009".
50New section 635A inserted
After section 635 of the Children, Youth and Families Act 2005 insert—
"635A Transitional provision—Justice Legislation Amendment (Committals) Act 2025
The amendment made to section 516(1)(c)(ii) by the Justice Legislation Amendment (Committals) Act 2025 applies only to a committal proceeding commenced on or after the commencement of that amendment.".
Division 3—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
51Committals
Section 8(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 is repealed.
52When may the question of mental impairment be raised?
Section 22(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 is repealed.
53Committals
Section 38M(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 is repealed.
54When may the question of mental impairment be raised?
Section 38ZC(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 is repealed.
55Schedule 3—Savings and transitional provisions
At the end of Schedule 3 to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert—
"17 Transitional provision—Justice Legislation Amendment (Committals) Act 2025
The repeal of sections 8(1)(b), 22(3), 38M(1)(b) and 38ZC(2) by the Justice Legislation Amendment (Committals) Act 2025 applies only to a committal proceeding commenced on or after the repeal of those provisions.".
Division 4—Amendment of Evidence (Miscellaneous Provisions) Act 1958
56Appearance of adult accused before Magistrates' Court
In section 42JA(2) of the Evidence (Miscellaneous Provisions) Act 1958—
(a)in paragraph (b), for "guilty; or" substitute "guilty.";
(b)paragraph (c) is repealed.
57New section 169 inserted
After section 168 of the Evidence (Miscellaneous Provisions) Act 1958 insert—
"169 Transitional provision—Justice Legislation Amendment (Committals) Act 2025
The amendments made to section 42JA by the Justice Legislation Amendment (Committals) Act 2025 apply only to a committal proceeding commenced on or after the commencement of those amendments.".
Division 5—Amendment of Family Violence Protection Act 2008
58Court may make interim order on its own motion in a criminal proceeding
In section 60C(3)(a) of the Family Violence Protection Act 2008 omit "any committal hearing,".
Division 6—Amendment of Magistrates' Court Act 1989
59Extent of jurisdiction
In section 25(1)(c)(ii) of the Magistrates' Court Act 1989, after "accused" insert "under section 126(4) of the Criminal Procedure Act 2009".
60Schedule 8—Savings and transitionals
After clause 59 of Schedule 8 to the Magistrates' Court Act 1989 insert—
"59AA Transitional—Justice Legislation Amendment (Committals) Act 2025
The amendment made to section 25(1)(c)(ii) by the Justice Legislation Amendment (Committals) Act 2025 applies only to a committal proceeding commenced on or after the commencement of that amendment.".
Division 7—Amendments related to Youth Justice Act 2024 and joint committals
61Children, Youth and Families Act 2005
In section 516A(6)(a) of the Children, Youth and Families Act 2005—
(a)after "this Act" insert "and the Youth Justice Act 2024";
(b)for "applies" substitute "apply".
62Magistrates' Court Act 1989
In section 25(8)(a) of the Magistrates' Court Act 1989—
(a)after "the Children, Youth and Families Act 2005" insert "and the Youth Justice Act 2024";
(b)for "applies" substitute "apply".
PART 4—REPEAL OF THIS ACT
63Repeal of this Act
This Act is repealed on 30 September 2027.
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: 30 October 2024
Legislative Council: 28 November 2024
The long title for the Bill for this Act was "A Bill for an Act to amend the Criminal Procedure Act 2009 and other Acts to reform the process for committal proceedings and for other purposes."
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