Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 (Vic)

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022

No. 1 of 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Criminal procedure disclosure

Division 1—Disclosure obligations of informants

3Definitions

4New section 415A inserted

Division 2—Disclosure certificates

5New section 41A inserted

6New section 110A inserted

7Contents of case direction notice

Division 3—Applications for non-disclosure

8Definitions

9New sections 416A, 416B and 416C inserted

Division 4—Information relating to the credibility of witnesses for the prosecution

10Contents of full brief

11Contents of hand-up brief

Division 5—General

12Regulations

13New section 458 inserted

Part 3—Dual commission holders

Division 1—Magistrates' Court Act 1989

14Definitions

15Appointment of magistrates

16Salaries, superannuation contributions, allowances and other conditions of service

17Pension of Chief Magistrate

18Council of magistrates

19Warrants

20Appeal to Supreme Court from final order made in civil proceeding

21Appeals from Court constituted by Chief Magistrate who is a dual commission holder

22New section 140A inserted

23Schedule 1 amended

24Schedule 8 amended

Division 2—Supreme Court Act 1986

25Leave to appeal required for civil appeals

26Council of Judges

27Professional development and training

28New section 129A inserted

Division 3—Constitution Act 1975

29Qualification and appointment of Judges

30Commissions of Judges

31Salaries, allowances, other conditions of service and pension entitlements of Judges of the Supreme Court

32As to pensions of Judges of the Supreme Court and their partners and children

33Judges not to hold any other place of profit

Division 4—Judicial Entitlements Act 2015

34Salary entitlements of judicial officers

35New section 46 inserted

Division 5—County Court Act 1958

36Salaries, allowances and conditions of service of the Chief Judge and other judges

37Provision for pensions to County Court judges and their partners

38Professional development and training

39Council of Judges

Division 6—Children, Youth and Families Act 2005

40Definitions

41Appeal to County Court or Supreme Court

42Appeal to Supreme Court on a question of law

43Right of appeal

44How appeal is commenced

45DPP's right of appeal against sentence

46DPP's right of appeal—failure to fulfil undertaking

47Late notice of appeal deemed to be application for leave to appeal

48Abandonment of appeal

49Appellant's failure to appear

50Appeal to County Court or Trial Division of Supreme Court authorised by other Acts

51Notification of requirement to submit pre-sentence report

52Pre-sentence report to be filed with court

53Attendance at appellate court of author of pre-sentence report

54Group conference report to be filed with court

55Appeal to Supreme Court on a question of law

56Appeal on question of law precludes other appeals

57Right of appeal against sentence of detention imposed on appeal from Children's Court

58Reservation of question of law

59DPP may refer point of law to Court of Appeal

60Appeals from Court constituted by Chief Magistrate who is a dual commission holder

61Supreme Court—limitation of jurisdiction

62Repeals and transitional provisions

Division 7—Criminal Procedure Act 2009

63Right of appeal

64How appeal is commenced

65DPP's right of appeal against sentence

66DPP's right of appeal—failure to fulfil undertaking

67Late notice of appeal deemed to be application for leave to appeal

68Abandonment of appeal

69Appellant's failure to appear

70Appeal to County Court authorised by other Acts

71Appeal to Supreme Court on a question of law

72Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court

73Right of appeal against certain sentences imposed by County Court or Supreme Court on appeal from Magistrates' Court

74Reservation of question of law on appeal to County Court

75DPP may refer point of law to Court of Appeal

76Costs on appeal to County Court or the Trial Division of the Supreme Court under section 254

77Costs on abandonment of appeal to County Court or the Trial Division of the Supreme Court

78Supreme Court—limitation of jurisdiction

79New section 460 inserted

Division 8—Sentencing Act 1991

80Fixing of non-parole period otherwise than by sentencing court

81Appeals from Magistrates' Court

Division 9—Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

82Appeal in relation to fitness to stand trial

83Appeal against unconditional release

84Appeal against mental impairment finding

85Appeal against unconditional release

86Appeal against supervision order

Division 10—Catchment and Land Protection Act 1994

87Effect of finding of guilt for offence against section 18G

Division 11—Disability Act 2006

88Appeals regarding extended leave

Division 12—Family Violence Protection Act 2008

89Definitions

90Court to which appeal must be made

91Appellant's failure to appear

92Conduct of appeal

Division 13—Fisheries Act 1995

93Additional penalties for licence holders committing offences

Division 14—Gambling Regulation Act 2003

94Forfeiture

Division 15—Independent Broad-based Anti‑corruption Commission Act 2011

95Definitions

Division 16—Interpretation of Legislation Act 1984

96Definitions

Division 17—Judgment Debt Recovery Act 1984

97Persistent wilful default

Division 18—Judicial Commission of Victoria Act 2016

98Definitions

99Effect of standing down of judicial officer under section 98(2)(b)

Division 19—Land Act 1958

100Appeals

Division 20—Liquor Control Reform Act 1998

101Property forfeited

Division 21—Maintenance Act 1965

102Notice of appeal and application of appeal provisions of Magistrates' Court Act 1989

Division 22—Personal Safety Intervention Orders Act 2010

103Definitions

104Court to which appeal must be made

105Conduct of appeal

Division 23—Road Safety Act 1986

106Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court

Division 24—Water Act 1989

107Effect of finding of guilt for offence against section 109

Division 25—Justice Legislation Amendment (Criminal Appeals) Act 2019

108Division 1 of Part 5.4 substituted

109New Division 1AA of Part 6.1 inserted

110Division 1 of Part 6.1 substituted

Part 4—Sentence indications in higher courts

Division 1—Criminal Procedure Act 2009

111Section 207 substituted

112Application for sentence indication

113Effect of sentence indication

114New section 209A inserted

115New section 459 inserted

Division 2—Consequential amendment of Victims' Charter Act 2006

116Definitions

117Views of victim to be sought by DPP

Part 4A—Information required to be given to victims

117AVictim impact statements

117BCompensation and financial assistance for victims

Part 5—Personal safety intervention orders

118Definitions

119How application is to be made

120New section 110A inserted

121New section 184A inserted

Part 6—Family Division of the Children's Court

122Jurisdiction of Family Division

123Rules

Part 7—Giving evidence remotely in proceedings relating to family violence

Division 1—Amendment of the Criminal Procedure Act 2009

124When court must direct use of closed-circuit television or other facilities for complainant

125Statute law revision

Division 2—Amendment of the Family Violence Protection Act 2008

126Alternative arrangements for proceeding

Part 8—Repeal of this Act

127Repeal of this Act

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Endnotes

1      General information

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022

No. 1 of 2022

[Assented to 15 February 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Criminal Procedure Act 2009—

(i)to further provide for the disclosure obligations of informants; and

(ii)to require informants in certain proceedings to identify relevant information, documents or things that are not contained in the brief and to disclose the reason why they are not in the brief; and

(iii)to provide for procedural aspects of applications to a court for orders relating to non-disclosure; and

(iv)to clarify that evidence that relates to the credibility of a witness for the prosecution is relevant to the criminal proceeding and must be disclosed; and

(b)to amend the Magistrates' Court Act 1989, the Supreme Court Act 1986 and the Constitution Act 1975 and to make consequential amendments to other Acts to provide for a person to hold a dual commission as the Chief Magistrate and a Judge of the Supreme Court; and

(c)to amend the Criminal Procedure Act 2009 and make consequential amendments to the Victims' Charter Act 2006 to broaden sentence indications in the higher courts; and

(ca)to amend the Victims' Charter Act 2006 in relation to information required to be given to victims; and

(d)to amend the Personal Safety Intervention Orders Act 2010 to provide for the making of applications for personal safety intervention orders by a declaration of truth; and

(e)to amend the Children, Youth and Families Act 2005 to further provide for the jurisdiction and Rules of the Family Division of the Children's Court of Victoria; and

(f)to amend the Criminal Procedure Act 2009 and the Family Violence Protection Act 2008 in relation to giving evidence remotely in proceedings relating to family violence.

2Commencement

(1)This Act (other than Division 2 of Part 2 and Part 3) comes into operation on the day after the day on which it receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 1 October 2022, it comes into operation on that day.

Part 2—Criminal procedure disclosure

Division 1—Disclosure obligations of informants

3Definitions

In section 3 of the Criminal Procedure Act 2009 insert—

"disclosure certificate means a disclosure certificate described in section 41A or 110A (as the case requires);".

4New section 415A inserted

After section 415 of the Criminal Procedure Act 2009 insert—

"415A   Informant's obligation of disclosure to the DPP

(1)This section applies to an informant in a proceeding conducted by the DPP.

(2)The informant must provide to the DPP any information, document or thing, that is in the possession of, or is known by, the informant or the law enforcement agency represented by the informant, that is relevant to the alleged offence other than any information, document or thing that is the subject of—

(a)a claim of privilege or public interest immunity; or

(b)immunity conferred by statute; or

(c)a prohibition or restriction provided by statute that has the effect of precluding disclosure to the DPP.

(3)The informant must notify the DPP of the existence and nature of—

(a)any information, document or thing, that is in the possession of, or is known by, the informant or the law enforcement agency represented by the informant, that is relevant to the alleged offence and that is the subject of—

(i)a claim of privilege or public interest immunity; or

(ii)immunity conferred by statute; or

(iii)a prohibition or restriction provided by statute that has the effect of precluding disclosure to the DPP; and

(b)the privilege, immunity, prohibition or restriction to which that information, document or thing is subject.

(4)The informant must comply with subsections (2) and (3) as soon as practicable after—

(a)the DPP assumes conduct of the proceeding for the prosecution; and

(b)any additional information, document or thing that is relevant to the alleged offence comes into the possession, or comes to the notice, of the informant or the law enforcement agency represented by the informant, after the informant first complied with subsections (2) and (3).

(5)The informant must provide to the DPP any information, document or thing referred to in subsection (3) if requested by the DPP.

(6)For the purposes of subsections (2) and (5)—

(a)the duty to provide any information, document or thing may be satisfied by providing—

(i)a copy of any document; or

(ii)a clear photograph, or clear copy of such a photograph, of any thing; and

(b)the informant must make available for inspection by the DPP any information, document or thing referred to in subsection (2) or (3) if requested by the DPP.

(7)The informant must comply with subsection (5) or (6)(b) as soon as practicable after the DPP makes the request.

(8)This section does not limit or otherwise affect the operation of a provision made by or under any other Act, including an Act of the Commonwealth, that prohibits or restricts, or that authorises a court or tribunal to prohibit or restrict, the disclosure of information for or in connection with any proceeding.

(9)If any information, document or thing to which subsections (3) and (5) apply is the subject of a prohibition or restriction of a kind referred to in subsection (8), the informant must comply with subsections (3) and (5) to the extent permitted by that prohibition or restriction.

Note

See section 416 as to the prosecution's general obligation of disclosure.".

Division 2—Disclosure certificates

5New section 41A inserted

After section 41 of the Criminal Procedure Act 2009 insert—

"41A   Disclosure certificate

(1)Subject to any order of a court, in a proceeding in which a full brief is served, the relevant officer must complete a disclosure certificate in the form prescribed by the regulations describing—

(a)any relevant information, document or thing not contained in the full brief because it is the subject of—

(i)a claim of privilege or public interest immunity; or

(ii)immunity conferred by statute; or

(iii)a prohibition or restriction provided by statute that has the effect of precluding disclosure to the prosecution or the defence; and

(b)the nature of the privilege, immunity, prohibition or restriction to which that information, document or thing is subject; and

(c)any other matter prescribed by the regulations.

(2)The informant must—

(a)file a copy of the disclosure certificate with the registrar within 7 days after service of the full brief on the accused; and

(b)if the DPP is conducting the proceeding, forward a copy of the disclosure certificate to the DPP within 7 days after service of the full brief on the accused; and

(c)serve a copy of the disclosure certificate on the accused at the same time as the full brief is served on the accused.

(3)Nothing in this section limits or otherwise affects—

(a)the power of the court to hear and determine an application with respect to the disclosure of information, documents or things; or

(b)the power of the court to make any order or other decision that it has power to make with respect to the disclosure of information, documents or things; or

(c)the operation of a provision made by or under any other Act, including an Act of the Commonwealth, that prohibits or restricts, or that authorises a court or tribunal to prohibit or restrict, the disclosure of information for or in connection with any proceeding.

(4)In this section, relevant officer means—

(a)the informant; or

(b)if the informant did not investigate the offence that is the subject of the proceeding, the law enforcement officer who prepared the full brief.

Note

See section 416 as to the prosecution's general obligation of disclosure.".

6New section 110A inserted

After section 110 of the Criminal Procedure Act 2009 insert—

"110A   Disclosure certificate

(1)Subject to any order of a court, in a proceeding in which a hand-up brief is served, the relevant officer must complete a disclosure certificate in the form prescribed by the regulations describing—

(a)any relevant information, document or thing not contained in the hand-up brief because it is the subject of—

(i)a claim of privilege or public interest immunity; or

(ii)immunity conferred by statute; or

(iii)a prohibition or restriction provided by statute that has the effect of precluding disclosure to the prosecution or the defence; and

(b)the nature of the privilege, immunity, prohibition or restriction to which that information, document or thing is subject; and

(c)any other matter prescribed by the regulations.

(2)The informant must—

(a)file a copy of the disclosure certificate with the registrar within 7 days after service of the hand-up brief on the accused; and

(b)if the DPP is conducting the proceeding, forward a copy of the disclosure certificate to the DPP within 7 days after service of the hand-up brief on the accused; and

(c)serve a copy of the disclosure certificate on the accused at the same time as the hand-up brief is served on the accused.

(3)In completing a disclosure certificate, the relevant officer is not required to describe any information, document or thing, or the nature of the privilege, immunity, prohibition or restriction to which that information, document or thing is subject, in a way that would prejudice—

(a)a claim of public interest immunity made to the Supreme Court in its inherent jurisdiction that has commenced or that the informant knows will be commenced; or

(b)an application for a non-disclosure order that has commenced or that the informant knows will be commenced.

(4)Nothing in this section limits or otherwise affects—

(a)the power of the court to hear and determine an application with respect to the disclosure of information, documents or things; or

(b)the power of the court to make any order or other decision that it has power to make with respect to the disclosure of information, documents or things; or

(c)the operation of a provision made by or under any other Act, including an Act of the Commonwealth, that prohibits or restricts, or that authorises a court or tribunal to prohibit or restrict, the disclosure of information for or in connection with any proceeding.

(5)The relevant officer and informant must comply with subsections (1) and (2) unless the court otherwise orders.

(6)In this section, relevant officer means—

(a)the informant; or

(b)if the informant did not investigate the offence that is the subject of the proceeding, the law enforcement officer who prepared the hand-up brief.

Note

See section 416 as to the prosecution's general obligation of disclosure.".

7Contents of case direction notice

After section 119(f) of the Criminal Procedure Act 2009 insert—

"(fa)subject to any order of a court, the prosecution must describe in the notice any of the following not described in a disclosure certificate in accordance with section 110A(3)—

(i)any information, document or thing, including any detail relating to the information, document or thing, that was not described in the certificate; and

(ii)the nature of the privilege, immunity, prohibition or restriction to which that information, document or thing is subject;".

Division 3—Applications for non-disclosure

8Definitions

In section 3 of the Criminal Procedure Act 2009 insert the following definition—

"non-disclosure order means an order of a kind described in section 416A(3);".

9New sections 416A, 416B and 416C inserted

After section 416 of the Criminal Procedure Act 2009 insert—

"416A   Application for non-disclosure order

(1)At any stage in a proceeding under this Act, a person may apply for a non-disclosure order if the person—

(a)is a party to the proceeding; or

(b)is a law enforcement officer or law enforcement agency that is in possession of, or that knows of, any information, document or thing relevant to the alleged offence; or

(c)is a law enforcement officer or law enforcement agency that is prohibited or restricted by statute from disclosing any information, document or thing relevant to the alleged offence; or

(d)is a person with a direct or special interest in the making of any order or other decision under subsection (3).

(2)In exceptional cases, an application for a non-disclosure order may be made without giving notice to the accused.

Example

Exceptional cases may be where giving notice of an application, or the nature of the information, document or thing to which the application relates, will defeat the public interest.

(3)The court may make any order or other decision that it has the power to make, that has the effect of excusing or preventing the disclosure of information relevant to the alleged offence.

(4)Nothing in this section—

(a)limits the power of the court to make any order or other decision that it has power to make with respect to the disclosure of information, documents or things; or

(b)limits or otherwise affects the operation of a provision made by or under any other Act, including an Act of the Commonwealth, that prohibits or restricts, or that authorises a court or tribunal to prohibit or restrict, the disclosure of information for or in connection with any proceeding.

(5)The making of a non-disclosure order does not affect or limit the prosecution's duty of disclosure under this Act or any other law to disclose any information, document or thing—

(a)that—

(i)comes into the prosecution's possession or comes to the prosecution's notice after the order is made; or

(ii)becomes relevant to an issue in the proceeding that arose after the order is made; and

(b)that is relevant to an application for, or to review of, a non-disclosure order.

Note

See section 416 as to the prosecution's general obligation of disclosure.

416BNon-disclosure order not binding on superior court

(1)A non-disclosure order made in a committal proceeding is not binding on a trial court or a court that hears and determines an appeal.

(2)A non-disclosure order made by a trial court is not binding on a court that hears and determines an appeal.

416CReview of non-disclosure order

(1)A court may review a non-disclosure order, including its own non-disclosure order—

(a)on the court's own motion; or

(b)on the application of a person referred to in section 416A(1).

(2)On a review under subsection (1), the court may confirm, vary or revoke the non‑disclosure order.".

Division 4—Information relating to the credibility of witnesses for the prosecution

10Contents of full brief

After section 41(1)(e)(vii) of the Criminal Procedure Act 2009 insert—

"(viii)subject to section 32C of the Evidence (Miscellaneous Provisions) Act 1958, a copy of any information, document or thing that is relevant to the credibility of a witness for the prosecution; and

Example

The witness' criminal history (including pending charges), or the giving of a letter of assistance to the witness, the reduction of criminal charges against the witness, other favourable treatment in a criminal proceeding, or any payment or reward provided, as a result of the witness' cooperation with police.".

11Contents of hand-up brief

After section 110(e)(vi) of the Criminal Procedure Act 2009 insert—

"(vii)subject to section 32C of the Evidence (Miscellaneous Provisions) Act 1958, a copy of any information, document or thing that is relevant to the credibility of a witness for the prosecution; and

Example

The witness' criminal history (including pending charges), or the giving of a letter of assistance to the witness, the reduction of criminal charges against the witness, other favourable treatment in a criminal proceeding, or any payment or reward provided, as a result of the witness' cooperation with police.".

Division 5—General

12Regulations

(1)In section 420(1)(ea) of the Criminal Procedure Act 2009, for "recording." substitute "recording;".

(2)After section 420(1)(ea) of the Criminal Procedure Act 2009 insert—

"(eb)prescribing the form of a disclosure certificate and any matter required to be described in a disclosure certificate;".

13New section 458 inserted

At the end of Chapter 10 of the Criminal Procedure Act 2009 insert—

"458   Transitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—criminal procedure disclosure

(1)The amendments made to this Act by Division 1 of Part 2 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 apply to a criminal proceeding commenced on or after the commencement of that Division, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of Division 1 of Part 2 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, the offence is alleged to have been committed before that commencement.

(3)The amendments made to this Act by Division 2 of Part 2 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 apply to a criminal proceeding commenced on or after the commencement of that Division, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

(4)For the purposes of subsection (3), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of Division 2 of Part 2 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, the offence is alleged to have been committed before that commencement.

(5)The amendments made to this Act by Division 3 of Part 2 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 apply to a criminal proceeding commenced on or after the commencement of that Division, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

(6)For the purposes of subsection (5), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of Division 3 of Part 2 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, the offence is alleged to have been committed before that commencement.".

Part 3—Dual commission holders

Division 1—Magistrates' Court Act 1989

14Definitions

In section 3(1) of the Magistrates' Court Act 1989 insert the following definition—

"Judge of the Supreme Court means a person referred to in section 75(3)(d) of the Constitution Act 1975;".

15Appointment of magistrates

(1)For section 7(2B) of the Magistrates' Court Act 1989 substitute—

"(2B)Without limiting subsection (2), the Chief Magistrate, when appointed under subsection (2) must—

(a)already be a Judge of the Supreme Court; or

(b)be simultaneously appointed as Chief Magistrate under subsection (2) and appointed under section 75B of the Constitution Act 1975 as a Judge of the Supreme Court.".

(2)For section 7(6A) of the Magistrates' Court Act 1989 substitute—

"(6A)The Chief Magistrate who is a dual commission holder may—

(a)resign simultaneously from both the office of Chief Magistrate under subsection (6) and the office of Judge of the Supreme Court under section 77(4)(e) of the Constitution Act 1975; or

(b)resign from the office of Chief Magistrate under subsection (6) and continue in office as a Judge of the Supreme Court; or

(c)resign from the office of Judge of the Supreme Court under section 77(4)(e) of the Constitution Act 1975 and continue in office as Chief Magistrate without being a dual commission holder.".

16Salaries, superannuation contributions, allowances and other conditions of service

(1)After section 10(1) of the Magistrates' Court Act 1989 insert—

"(1AA)The Chief Magistrate who is or has been a dual commission holder as a Judge of the Supreme Court—

(a)is entitled to the salary and the allowances and other conditions of service of the Chief Magistrate who is or has been a dual commission holder as a Judge of the Supreme Court under this section and Schedule 1; and

(b)is not entitled to receive any salary, allowances or other conditions of service as a Judge of the Supreme Court during the period of being a dual commission holder; and

(c)in the case of the Chief Magistrate who has been a dual commission holder as a judge of the County Court under the County Court Act 1958, is not entitled to receive any salary, allowances or other conditions of service as the Chief Magistrate who has been a dual commission holder as a judge of the County Court.".

(2)In section 10(1A) of the Magistrates' Court Act 1989—

(a)for "who is a dual commission holder" substitute "who has been a dual commission holder as a judge of the County Court";

(b)in paragraph (a), after "Chief Magistrate" insert "who has been a dual commission holder as a judge of the County Court".

17Pension of Chief Magistrate

(1)For section 10A(1) of the Magistrates' Court Act 1989 substitute—

"(1)The Chief Magistrate and the partner and children of the Chief Magistrate are entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions—

(a)in the case of the Chief Magistrate who is or has been a dual commission holder as a Judge of the Supreme Court—as a Judge of the Supreme Court and the partner and children of such a Judge are entitled to pensions under section 83 of the Constitution Act 1975; or

(b)in the case of the Chief Magistrate who has been a dual commission holder as a judge of the County Court but has not been a dual commission holder as a Judge of the Supreme Court—as a judge of the County Court (other than the Chief Judge) and the partner and children of such a judge are entitled to pensions under section 14 of the County Court Act 1958; or

(c)in the case of the Chief Magistrate who has not been a dual commission holder—as a judge of the County Court (other than the Chief Judge) and the partner and children of such a judge are entitled to pensions under section 14 of the County Court Act 1958.".

(2)After section 10A(1) of the Magistrates' Court Act 1989 insert—

"(1AA)Subject to subsections (1AB) and (1C), section 83(6), (6B) and (6C) of the Constitution Act 1975 applies, with any necessary modification, in relation to the recognition of service for the purposes of a pension under this section if the Chief Magistrate is or has been a dual commission holder as a Judge of the Supreme Court.

(1AB)The Chief Magistrate who is a dual commission holder as a Judge of the Supreme Court is taken to not hold the office of Judge of the Supreme Court during the period of being a dual commission holder as Judge of the Supreme Court when counting service in the office of Chief Magistrate.".

(3)In section 10A(1A) of the Magistrates' Court Act 1989, after "under this section" insert "if the Chief Magistrate has been a dual commission holder as a judge of the County Court or has not been a dual commission holder".

(4)In section 10A(1B) of the Magistrates' Court Act 1989—

(a)for "who is" substitute "who has been";

(b)after "dual commission holder" (where first occurring) insert "as a judge of the County Court".

(5)For section 10A(1C) of the Magistrates' Court Act 1989 substitute—

"(1C)If the Chief Magistrate—

(a)is or has been a dual commission holder as a Judge of the Supreme Court, the person's service in the office of Chief Magistrate whilst a dual commission holder as a Judge of the Supreme Court, counts for the purposes of this section, as service in the office of Chief Magistrate; or

(b)has been a dual commission holder as a judge of the County Court, and is or has been a dual commission holder as a Judge of the Supreme Court, the person's service in the office of Chief Magistrate whilst a dual commission holder as a judge of the County Court and as a Judge of the Supreme Court counts for the purposes of this section, as service in the office of Chief Magistrate; or

(c)has been a dual commission holder as a judge of the County Court, the person's service in the office of Chief Magistrate whilst a dual commission holder as a judge of the County Court counts for the purposes of this section, as service in the office of Chief Magistrate.".

(6)For section 10A(1D) of the Magistrates' Court Act 1989 substitute—

"(1D)If the Chief Magistrate resigns the office of Chief Magistrate as a dual commission holder—

(a)as a Judge of the Supreme Court but continues in the office of Judge of the Supreme Court, that person is taken not to have resigned or retired from the office of Chief Magistrate for the purposes of section 83(1), (1A), (1B), (1C) and (1D) of the Constitution Act 1975 as applied by this section; or

(b)as a judge of the County Court but continues in the office of judge of the County Court, that person is taken not to have resigned or retired from the office of Chief Magistrate for the purposes of section 14(2), (2A) and (2B) of the County Court Act 1958 as applied by this section.".

(7)In section 10A(2) of the Magistrates' Court Act 1989, after "1958" insert "or section 83 of the Constitution Act 1975, as the case requires,".

(8)In section 10A(2A) of the Magistrates' Court Act 1989—

(a)after "1958" insert "or sections 83AA to 83AI of the Constitution Act 1975, as the case requires"; and

(b)for "sections 14AA to 14AI of that Act" substitute "sections 14AA to 14AI of the County Court Act 1958 or sections 83AA to 83AI of the Constitution Act 1975".

18Council of magistrates

In section 15(5) of the Magistrates' Court Act 1989, for "of the Court under section 87 of the County Court Act 1958" substitute "under section 28 of the Supreme Court Act 1986".

19Warrants

In section 57(7A) and (7B) of the Magistrates' Court Act 1989, for "or the prothonotary of the Supreme Court" substitute ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires,".

20Appeal to Supreme Court from final order made in civil proceeding

For section 109(1) of the Magistrates' Court Act 1989 substitute—

"(1)A party to a civil proceeding in the Court may appeal, on a question of law, from a final order of the Court in that proceeding—

(a)in the case of the Court constituted by the Chief Magistrate who is a dual commission holder—to the Court of Appeal; or

(b)in the case of the Court constituted other than by the Chief Magistrate who is a dual commission holder—to the Supreme Court.".

21Appeals from Court constituted by Chief Magistrate who is a dual commission holder

In section 110A of the Magistrates' Court Act 1989, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

22New section 140A inserted

After section 140 of the Magistrates' Court Act 1989 insert—

"140A   Regulations dealing with transitional matters

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Division 1 of Part 3 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 (including the repeals and amendments made by that Act).

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or from the day on which the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 receives the Royal Assent;

(b)be of limited or general application;

(c)leave any matter or thing to be decided by a specified person or class of person;

(d)provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.

(3)Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)This section is repealed on the second anniversary of the day on which it comes into operation.".

23Schedule 1 amended

(1)In clause 1 of Part 1 of Schedule 1 to the Magistrates' Court Act 1989, after "Chief Magistrate" insert "who is or has been a dual commission holder as a Judge of the Supreme Court".

(2)After clause 1 of Part 1 of Schedule 1 to the Magistrates' Court Act 1989 insert—

"1A.The Chief Magistrate who has been a dual commission holder as a judge of the County Court under the County Court Act 1958 is entitled to be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015.".

24Schedule 8 amended

After clause 58 of Schedule 8 to the Magistrates' Court Act 1989 insert—

59Transitional—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022"

(1)An appeal from a final order of the Court in a proceeding in which the Court was constituted by the Chief Magistrate who, at the time the proceeding commenced was a dual commission holder as a judge of the County Court and who, at the time at which the final order was made was a dual commission holder as a Judge of the Supreme Court, is to be made to the Court of Appeal.

(2)For the avoidance of doubt, an appeal from a final order of the Court in a proceeding in which the Court was constituted by the Chief Magistrate who, at the time the final order was made was a dual commission holder as a judge of the County Court and who, on or after the commencement day is a dual commission holder as a Judge of the Supreme Court, is to be made to the Trial Division of the Supreme Court.

(3)In this clause, commencement day means the day on which Part 3 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 comes into operation.".

Division 2—Supreme Court Act 1986

25Leave to appeal required for civil appeals

After section 14A(2)(b) of the Supreme Court Act 1986 insert—

"(ba)for an appeal from a judgment or an order of the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder; or".

26Council of Judges

After section 28(5) of the Supreme Court Act 1986 insert—

"(6)A Judge of the Court who is a dual commission holder as Chief Magistrate is a member of the Council of Judges of the Court and is also a member of the Council of magistrates under section 15 of the Magistrates' Court Act 1989.".

27Professional development and training

In section 28A(1) of the Supreme Court Act 1986, in paragraph (a) of the definition of judicial officer, for "Chief Judge)" substitute "Chief Judge or Chief Magistrate)".

28New section 129A inserted

After section 129 of the Supreme Court Act 1986 insert—

"129A   Regulations dealing with transitional matters

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Division 2 of Part 3 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 (including the repeals and amendments made by this Act).

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or from the day on which the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 receives the Royal Assent;

(b)be of limited or general application;

(c)leave any matter or thing to be decided by a specified person or class of person;

(d)provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.

(3)Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)This section is repealed on the second anniversary of the day on which it comes into operation.".

Division 3—Constitution Act 1975

29Qualification and appointment of Judges

For the note at the foot of section 75B(1) of the Constitution Act 1975 substitute—

"Note

See also section 8(1B) of the County Court Act 1958 in relation to a Judge of the Court who is a dual commission holder as Chief Judge.

See also section 7(2B) of the Magistrates' Court Act 1989 in relation to a Judge of the Court who is a dual commission holder as Chief Magistrate.".

30Commissions of Judges

For the note at the foot of section 77(4) of the Constitution Act 1975 substitute—

"Note

See also section 8AA of the County Court Act 1958 in relation to resignation by a Judge of the Court who is a dual commission holder as Chief Judge.

See also section 7(6A) of the Magistrates' Court Act 1989 in relation to resignation by a Judge of the Court who is a dual commission holder as Chief Magistrate.".

31Salaries, allowances, other conditions of service and pension entitlements of Judges of the Supreme Court

(1)After section 82(3A) of the Constitution Act 1975 insert—

"(3B)Despite subsections (2) and (3), a Judge of the Court who is a dual commission holder as Chief Magistrate—

(a)is not entitled to the salary, allowances and conditions of service of a Judge of the Court during the period of being a dual commission holder; and

(b)is entitled to the salary, allowances and conditions of service of the Chief Magistrate who is or has been a dual commission holder as a Judge of the Court referred to in section 10 of, and Schedule 1 to, the Magistrates' Court Act 1989.".

(2)After section 82(6E) of the Constitution Act 1975 insert—

"(6F)The appointment of a Judge of the Court as a dual commission holder as Chief Magistrate does not constitute a reduction in the salary or allowances of the Judge of the Court who takes the appointment.".

32As to pensions of Judges of the Supreme Court and their partners and children

(1)After section 83(3C) of the Constitution Act 1975 insert—

"(3D)If a dual commission holder resigns the office of the Judge of the Court but continues in the office of Chief Magistrate, that person is taken not to have resigned or retired from the office of Judge of the Court for the purposes of subsections (1), (1A), (1B), (1C) and (1D).

(3E)If a dual commission holder simultaneously resigns the office of Judge of the Court and the office of Chief Magistrate, that person is taken not to have resigned or retired from the office of Judge of the Court for the purposes of subsections (1), (1A), (1B), (1C) and (1D), but section 10A of the Magistrates' Court Act 1989 may apply if the person would otherwise be entitled to a pension under that section.

(3F)In the case of the death of a Judge of the Court who is a dual commission holder as Chief Magistrate, subsection (2) does not apply and section 10A of the Magistrates' Court Act 1989 applies.".

(2)After section 83(6)(bc) of the Constitution Act 1975 insert—

"(bd)if a Judge of the Court is a dual commission holder as Chief Magistrate, the Judge is taken to not hold the office of Judge of the Court during the period of holding the dual commission when counting service in the office of Judge of the Court;

(be)if a Judge of the Court is a dual commission holder as Chief Magistrate, the person's service in the office of Chief Magistrate, whilst a dual commission holder, shall count as service in the office of Judge of the Court;".

33Judges not to hold any other place of profit

After section 84(4A) of the Constitution Act 1975 insert—

"(4AB)Subsection (1) does not apply to or in relation to a Judge of the Court who accepts, takes or performs the duties of the office of Chief Magistrate as a dual commission holder.".

Division 4—Judicial Entitlements Act 2015

34Salary entitlements of judicial officers

For item 11 in the Table in section 5 of the Judicial Entitlements Act 2015 substitute—

"11	Chief Magistrate who is or has been a dual commission holder as a Judge of the Supreme Court	100%
11A	Chief Magistrate who has been a dual commission holder as a judge of the County Court under the County Court Act 1958	86×64%".

35New section 46 inserted

After section 45 of the Judicial Entitlements Act 2015 insert—

"46   Entitlement certificates

(1)Subject to subsection (2), on and from the commencement of Part 3 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 a reference in an entitlement certificate that was in effect immediately before that commencement—

(a)to a Judge of the Supreme Court, is taken to include a reference to the Chief Magistrate who is or has been, on or after that commencement, a dual commission holder as a Judge of the Supreme Court; and

(b)to the Chief Magistrate, is taken to not include a reference to the Chief Magistrate who is, on or after that commencement, a dual commission holder as a Judge of the Supreme Court.

(2)Subsection (1) does not apply to a reference in an entitlement certificate that relates to a matter that is not an entitlement of the Chief Magistrate.".

Division 5—County Court Act 1958

36Salaries, allowances and conditions of service of the Chief Judge and other judges

In section 10(3B) of the County Court Act 1958—

(a)for "who is a dual commission holder" substitute "who has been a dual commission holder as a judge of the County Court";

(b)in paragraph (a), after "Chief Magistrate" insert "who has been a dual commission holder as a judge of the County Court".

37Provision for pensions to County Court judges and their partners

(1)In section 14(3AF) and (3AG) of the County Court Act 1958, for "dual commission holder" substitute "dual commission holder as a judge of the County Court".

(2)In section 14(3AH) of the County Court Act 1958, for "is a dual commission holder" substitute "has been a dual commission holder as a judge of the County Court".

(3)In section 14(5)(ag) and (ah) of the County Court Act 1958, for "is a dual commission holder" substitute "has been a dual commission holder".

38Professional development and training

In section 17AAA(1) of the County Court Act 1958, in paragraph (a) of the definition of judicial officer omit "(other than a judge who is a dual commission holder as the Chief Magistrate),".

39Council of Judges

For section 87(4) of the County Court Act 1958 substitute—

"(4)The Chief Judge who is a dual commission holder is—

(a)a member of the Council of Judges of the Court; and

(b)a member of the Council of Judges under section 28 of the Supreme Court Act 1986.".

Division 6—Children, Youth and Families Act 2005

40Definitions

In section 3(1) of the Children, Youth and Families Act 2005, for the definition of appellate court substitute—

"appellate court, in Part 5.4 means, as the case requires—

(a)the County Court; or

(b)if the court from which the appeal is made was constituted by the President, the Trial Division of the Supreme Court; or

(c)if the court from which the appeal is made was constituted by the Chief Magistrate who is a dual commission holder, the Court of Appeal;".

41Appeal to County Court or Supreme Court

(1)In section 328(1) of the Children, Youth and Families Act 2005, for "President or the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court against" substitute "President, to the Trial Division of the Supreme Court, or if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against".

(2)In section 328(5) of the Children, Youth and Families Act 2005, after "to the Trial Division of the Supreme Court" insert "or to the Court of Appeal, as the case requires".

(3)In section 328(6)(h) of the Children, Youth and Families Act 2005 omit "Trial Division of".

42Appeal to Supreme Court on a question of law

After section 329(1) of the Children, Youth and Families Act 2005 insert—

"(1A)If the Children's Court was constituted by the Chief Magistrate who is a dual commission holder, the appeal is to be made to the Court of Appeal.".

43Right of appeal

In section 424 of the Children, Youth and Families Act 2005, for "President or the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court against" substitute "President, to the Trial Division of the Supreme Court, or if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against".

44How appeal is commenced

In section 425(4)(a) and (b) of the Children, Youth and Families Act 2005, for "or the prothonotary of the Supreme Court" substitute ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals".

45DPP's right of appeal against sentence

In section 427(1) of the Children, Youth and Families Act 2005, for "President or the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court against" substitute "President, to the Trial Division of the Supreme Court, or if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against".

46DPP's right of appeal—failure to fulfil undertaking

In section 429A(1) of the Children, Youth and Families Act 2005, for "President or the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court against" substitute "President, to the Trial Division of the Supreme Court, or if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against".

47Late notice of appeal deemed to be application for leave to appeal

In section 430(4) and (5)(b) of the Children, Youth and Families Act 2005, for "or the prothonotary of the Supreme Court" substitute ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals".

48Abandonment of appeal

(1)In section 430C(1) of the Children, Youth and Families Act 2005—

(a)omit "Trial Division of the";

(b)for "or the prothonotary of the Supreme Court" substitute ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals".

(2)In section 430C(4)(a), (5) and (7)(b) of the Children, Youth and Families Act 2005, for "or the prothonotary of the Supreme Court" substitute ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals".

49Appellant's failure to appear

(1)In section 430D(1A) and (2)(b) of the Children, Youth and Families Act 2005, for "or the prothonotary of the Supreme Court" substitute ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals".

(2)In section 430D(6A) of the Children, Youth and Families Act 2005 omit "Trial Division of the".

50Appeal to County Court or Trial Division of Supreme Court authorised by other Acts

(1)In the heading to section 430G of the Children, Youth and Families Act 2005 omit "Trial Division of".

(2)In section 430G of the Children, Youth and Families Act 2005 omit "the Trial Division of".

51Notification of requirement to submit pre-sentence report

In section 430J of the Children, Youth and Families Act 2005, for "or the prothonotary of the Supreme Court" substitute ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals".

52Pre-sentence report to be filed with court

In section 430K of the Children, Youth and Families Act 2005, for "or the prothonotary of the Supreme Court" substitute ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals".

53Attendance at appellate court of author of pre-sentence report

In section 430L(2)(b) and (3) of the Children, Youth and Families Act 2005, for "or the prothonotary of the Supreme Court" substitute ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals".

54Group conference report to be filed with court

In section 430O of the Children, Youth and Families Act 2005, for "or the prothonotary of the Supreme Court" substitute ", Prothonotary of the Supreme Court or the Registrar of Criminal Appeals".

55Appeal to Supreme Court on a question of law

After section 430P(1) of the Children, Youth and Families Act 2005 insert—

"(1A)If the Children's Court was constituted by the Chief Magistrate who is a dual commission holder, the appeal is to be made to the Court of Appeal.".

56Appeal on question of law precludes other appeals

In section 430Q of the Children, Youth and Families Act 2005 omit "the Trial Division of".

57Right of appeal against sentence of detention imposed on appeal from Children's Court

After section 430R(2) of the Children, Youth and Families Act 2005 insert—

"(3)Subsection (2) does not apply if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder.".

58Reservation of question of law

At the end of section 430VA of the Children, Youth and Families Act 2005 insert—

"(2)Subsection (1) does not apply if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder.".

59DPP may refer point of law to Court of Appeal

(1)In section 430W(1) of the Children, Youth and Families Act 2005, for "Children's Court," substitute "Children's Court or, if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder, the Court of Appeal,".

(2)After section 430W(1) of the Children, Youth and Families Act 2005 insert—

"(1A)For the avoidance of doubt, if a point of law arises in an appeal proceeding, and that appeal is from the Children's Court constituted by the Chief Magistrate who is a dual commission holder, subsection (1) does not apply.".

60Appeals from Court constituted by Chief Magistrate who is a dual commission holder

In section 513B of the Children, Youth and Families Act 2005, for "Trial Division of the Supreme Court" substitute "the Court of Appeal".

61Supreme Court—limitation of jurisdiction

After section 599(2) of the Children, Youth and Families Act 2005 insert—

"(3)It is the intention of section 328(5), as amended by section 41 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, to alter or vary section 85 of the Constitution Act 1975.

(4)It is the intention of section 430Q, as amended by section 56 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, to alter or vary section 85 of the Constitution Act 1975.

(5)It is the intention of section 430R(3), as inserted by section 57 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, to alter or vary section 85 of the Constitution Act 1975.

(6)It is the intention of section 430VA(2), as inserted by section 58 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, to alter or vary section 85 of the Constitution Act 1975.

(7)It is the intention of section 430W(1A), as inserted by section 59 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, to alter or vary section 85 of the Constitution Act 1975.".

62Repeals and transitional provisions

At the end of Part 8.6 of the Children, Youth and Families Act 2005 insert—

"632A   Transitional—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—proceedings

(1)An appeal from a final order of the Court in a proceeding in which the Court was constituted by the Chief Magistrate who, at the time the proceeding commenced was a dual commission holder as a judge of the County Court and who, at the time at which the final order was made was a dual commission holder as a Judge of the Supreme Court, is to be made to the Court of Appeal.

(2)For the avoidance of doubt, an appeal from a final order of the Court in a proceeding in which the Court was constituted by the Chief Magistrate who, at the time the final order was made was a dual commission holder as a judge of the County Court and who, on or after the commencement day is a dual commission holder as a Judge of the Supreme Court, is to be made to the Trial Division of the Supreme Court.

(3)In this clause, commencement day means the day on which Part 3 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 comes into operation.

632BTransitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—power to make orders to resolve difficulty

(1)If any difficulty arises because of the operation of Part 3 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 in relation to a proceeding under this Act, a court may make any order it considers appropriate to resolve the difficulty.

(2)An order made under subsection (1)—

(a)may be made on the application of a party to the proceeding or on the court's own motion, as the case requires; and

(b)has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006).".

Division 7—Criminal Procedure Act 2009

63Right of appeal

In section 254(2) of the Criminal Procedure Act 2009, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

64How appeal is commenced

In section 255(5)(ab) of the Criminal Procedure Act 2009, for "or the Prothonotary of the Supreme Court" insert ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires,".

65DPP's right of appeal against sentence

In section 257(1A) and (2) of the Criminal Procedure Act 2009, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

66DPP's right of appeal—failure to fulfil undertaking

In section 260(1A) and (3) of the Criminal Procedure Act 2009, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

67Late notice of appeal deemed to be application for leave to appeal

In section 263(4) and (5)(b) of the Criminal Procedure Act 2009, for "or the Prothonotary of the Supreme Court" substitute ", Prothonotary of the Supreme Court or the Registrar of Criminal Appeals".

68Abandonment of appeal

In section 266(3), (3A) and (5)(b) of the Criminal Procedure Act 2009, for "or the Prothonotary of the Supreme Court" substitute ", Prothonotary of the Supreme Court or the Registrar of Criminal Appeals".

69Appellant's failure to appear

In section 267(1A) and (2)(b) of the Criminal Procedure Act 2009, for "or the Prothonotary of the Supreme Court" substitute ", Prothonotary of the Supreme Court or the Registrar of Criminal Appeals".

70Appeal to County Court authorised by other Acts

In section 271(2) of the Criminal Procedure Act 2009, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

71Appeal to Supreme Court on a question of law

After section 272(1) of the Criminal Procedure Act 2009 insert—

"(1A)If the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder, the appeal is to be made to the Court of Appeal.".

72Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court

After section 283(2) of the Criminal Procedure Act 2009 insert—

"(3)Subsection (2) does not apply if in the proceeding that is the subject of the appeal, the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder.".

73Right of appeal against certain sentences imposed by County Court or Supreme Court on appeal from Magistrates' Court

After section 290A(2) of the Criminal Procedure Act 2009 insert—

"(3)Subsection (2) does not apply if in the proceeding that is the subject of the appeal, the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder.".

74Reservation of question of law on appeal to County Court

In section 302A of the Criminal Procedure Act 2009 for "or, if the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court a question of law arises, the County Court or the Trial Division of the Supreme Court, as the case requires," substitute "a question of law arises, the County Court".

75DPP may refer point of law to Court of Appeal

(1)In section 308(1)(b) of the Criminal Procedure Act 2009, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

(2)After section 308(1) of the Criminal Procedure Act 2009 insert—

"(1A)For the avoidance of doubt, if a point of law arises in an appeal proceeding, and that appeal is from the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, subsection (1)(b) does not apply.".

76Costs on appeal to County Court or the Trial Division of the Supreme Court under section 254

(1)In the heading to section 406 of the Criminal Procedure Act 2009, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

(2)In section 406(1)(b) of the Criminal Procedure Act 2009, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

77Costs on abandonment of appeal to County Court or the Trial Division of the Supreme Court

(1)In the heading to section 407 of the Criminal Procedure Act 2009, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

(2)In section 407(1) of the Criminal Procedure Act 2009, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

78Supreme Court—limitation of jurisdiction

At the end of section 418 of the Criminal Procedure Act 2009 insert—

"(2)It is the intention of section 283(3), as inserted by section 72 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, to alter or vary section 85 of the Constitution Act 1975.

(3)It is the intention of section 290A(3), as inserted by section 73 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, to alter or vary section 85 of the Constitution Act 1975.

(4)It is the intention of section 302A, as amended by section 74 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, to alter or vary section 85 of the Constitution Act 1975.

(5)It is the intention of section 308(1A), as inserted by section 75 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, to alter or vary section 85 of the Constitution Act 1975.".

79New section 460 inserted

At the end of Chapter 10 of the Criminal Procedure Act 2009 insert—

460Transitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—dual commission holders"

(1)If any difficulty arises because of the operation of Part 3 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 in relation to a proceeding under this Act, a court may make any order it considers appropriate to resolve the difficulty.

(2)An order made under subsection (1)—

(a)may be made on the application of a party to the proceeding or on the court's own motion, as the case requires; and

(b)has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006).".

Division 8—Sentencing Act 1991

80Fixing of non-parole period otherwise than by sentencing court

In section 13(1)(ab) of the Sentencing Act 1991, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

81Appeals from Magistrates' Court

In section 18ZR(10) of the Sentencing Act 1991, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

Division 9—Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

82Appeal in relation to fitness to stand trial

In section 38U(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "or, if the Children's Court was constituted by the President or the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court against" substitute "or, if the Children's Court was constituted by the President, to the Trial Division of the Supreme Court or, if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against".

83Appeal against unconditional release

In section 38ZAA(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "or, if the Children's Court was constituted by the President or the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court against" substitute "or, if the Children's Court was constituted by the President, the Trial Division of the Supreme Court or, if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against".

84Appeal against mental impairment finding

In section 38ZE(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 for "or, if the Children's Court was constituted by the President or the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court against" substitute "or, if the Children's Court was constituted by the President, to the Trial Division of the Supreme Court or, if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against".

85Appeal against unconditional release

In section 38ZF(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "or, if the Children's Court was constituted by the President or the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court against" substitute "or, if the Children's Court was constituted by the President, to the Trial Division of the Supreme Court or, if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against".

86Appeal against supervision order

In section 38ZJ(1) and (2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "or, if the Children's Court was constituted by the President or the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court against" substitute "or, if the Children's Court was constituted by the President, to the Trial Division of the Supreme Court or, if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against".

Division 10—Catchment and Land Protection Act 1994

87Effect of finding of guilt for offence against section 18G

After section 18J(2)(a) of the Catchment and Land Protection Act 1994 insert—

"(ab)in the case of the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder—to the Court of Appeal; and".

Division 11—Disability Act 2006

88Appeals regarding extended leave

In section 163(1)(ab) of the Disability Act 2006, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

Division 12—Family Violence Protection Act 2008

89Definitions

In section 4 of the Family Violence Protection Act 2008, in paragraph (d) of the definition of registrar, for "Court or a deputy prothonotary of the Court" substitute "Court, a deputy Prothonotary of the Court or the Registrar of the Court of Appeal".

90Court to which appeal must be made

For section 115(b) of the Family Violence Protection Act 2008 substitute—

"(b)the Trial Division of the Supreme Court, if the court that made the relevant decision was the Children's Court constituted by the President of the Court; or

(c)the Court of Appeal, if the court that made the relevant decision was the Magistrates' Court, or the Children's Court, constituted by the Chief Magistrate who is a dual commission holder.".

91Appellant's failure to appear

In section 118A(2)(a), (4) and (5) of the Family Violence Protection Act 2008, for "registrar of the County Court or the Prothonotary of the Supreme Court" substitute "registrar".

92Conduct of appeal

For the note at the foot of section 119(1) of the Family Violence Protection Act 2008 substitute—

"Note

See section 115 which provides that the appeal is to the County Court unless the relevant decision was made by the Children's Court constituted by the President of the Court, in which case the appeal is to the Trial Division of the Supreme Court, or, if the relevant decision was made by the Magistrates' Court or the Children's Court constituted by the Chief Magistrate who is a dual commission holder, the appeal is to the Court of Appeal.".

Division 13—Fisheries Act 1995

93Additional penalties for licence holders committing offences

In section 128(5)(a) and (6) of the Fisheries Act 1995, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

Division 14—Gambling Regulation Act 2003

94Forfeiture

In section 10.5.28(2)(b) of the Gambling Regulation Act 2003, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

Division 15—Independent Broad-based Anti‑corruption Commission Act 2011

95Definitions

In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, in the definition of relevant head of jurisdiction, in paragraph (c)(ii)(A), for "Chief Judge" substitute "Chief Justice".

Division 16—Interpretation of Legislation Act 1984

96Definitions

In section 38 of the Interpretation of Legislation Act 1984, in paragraph (b) of the definition of dual commission holder, for "judge of the County Court (other than Chief Judge or reserve judge) under the County Court Act 1958" substitute "Judge of the Supreme Court referred to in section 75(3)(d) of the Constitution Act 1975".

Division 17—Judgment Debt Recovery Act 1984

97Persistent wilful default

In section 19(4)(ab) of the Judgment Debt Recovery Act 1984, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

Division 18—Judicial Commission of Victoria Act 2016

98Definitions

In section 3(1) of the Judicial Commission of Victoria Act 2016, in paragraph (e) of the definition of relevant council of judges, for "section 87 of the County Court Act 1958" substitute "section 28 of the Supreme Court Act 1986".

99Effect of standing down of judicial officer under section 98(2)(b)

In section 100(1)(c) of the Judicial Commission of Victoria Act 2016, for "judge of the County Court" substitute "Judge of the Supreme Court".

Division 19—Land Act 1958

100Appeals

In section 203 of the Land Act 1958, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

Division 20—Liquor Control Reform Act 1998

101Property forfeited

In section 138(2)(b) of the Liquor Control Reform Act 1998, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

Division 21—Maintenance Act 1965

102Notice of appeal and application of appeal provisions of Magistrates' Court Act 1989

In section 107(1A) and (5) of the Maintenance Act 1965, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

Division 22—Personal Safety Intervention Orders Act 2010

103Definitions

In section 4 of the Personal Safety Intervention Orders Act 2010, in paragraph (d) of the definition of registrar, for "Court or a deputy prothonotary of the Court" substitute "Court, a deputy Prothonotary of the Court or the Registrar of the Court of Appeal".

104Court to which appeal must be made

For section 92(b) of the Personal Safety Intervention Orders Act 2010 substitute—

"(b)the Trial Division of the Supreme Court, if the court that made the relevant decision was the Children's Court constituted by the President of the Court; or

(c)the Court of Appeal, if the court that made the relevant decision was the Magistrates' Court, or the Children's Court, constituted by the Chief Magistrate who is a dual commission holder.".

105Conduct of appeal

For the note at the foot of section 96(1) of the Personal Safety Intervention Orders Act 2010 substitute—

"Note

See section 92 which provides that the appeal is to the County Court unless the relevant decision was made by the Children's Court constituted by the President of the Court, in which case the appeal is to the Trial Division of the Supreme Court, or, if the relevant decision was made by the Magistrates' Court or the Children's Court constituted by the Chief Magistrate who is a dual commission holder, the appeal is to the Court of Appeal.".

Division 23—Road Safety Act 1986

106Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court

(1)In section 29(1A) of the Road Safety Act 1986, for "or, if the Children's Court was constituted by the President or the Chief Magistrate who is a dual commission holder, the Trial Division of the Supreme Court, against" substitute "or, if the Children's Court was constituted by the President, to the Trial Division of the Supreme Court or, if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against".

(2)In section 29(2) of the Road Safety Act 1986, for "the County Court or the Trial Division of the Supreme Court (as the case requires)" substitute "the County Court, Trial Division of the Supreme Court or the Court of Appeal (as the case requires)".

Division 24—Water Act 1989

107Effect of finding of guilt for offence against section 109

After section 112(2)(a) of the Water Act 1989 insert—

"(ab)in the case of the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder—to the Court of Appeal; and".

Division 25—Justice Legislation Amendment (Criminal Appeals) Act 2019

108Division 1 of Part 5.4 substituted

(1)In section 7 of the Justice Legislation Amendment (Criminal Appeals) Act 2019—

(a)in the heading to proposed Division 1 of Part 5.4 of the Children, Youth and Families Act 2005, omit "Trial Division of";

(b)in proposed section 424(3) of the Children, Youth and Families Act 2005, omit "or the Chief Magistrate who is a dual commission holder".

(2)In section 7 of the Justice Legislation Amendment (Criminal Appeals) Act 2019, after proposed section 424(3) of the Children, Youth and Families Act 2005 insert—

"(4)If the Children's Court was constituted by the Chief Magistrate who is a dual commission holder, the appeal or application for leave to appeal is to be made to the Court of Appeal.".

(3)In section 7 of the Justice Legislation Amendment (Criminal Appeals) Act 2019, in proposed section 425(4)(a) and (4)(b) of the Children, Youth and Families Act 2005, for "or the Prothonotary" substitute ", the Prothonotary or the Registrar of the Court of Appeal".

109New Division 1AA of Part 6.1 inserted

In section 19 of the Justice Legislation Amendment (Criminal Appeals) Act 2019, in proposed section 253C of the Criminal Procedure Act 2009, for the proposed definition of appellate court substitute—

"appellate court means, as the case requires—

(a)the County Court; or

(b)if the court from which the appeal is made was constituted by the Chief Magistrate who is a dual commission holder, the Court of Appeal.".

110Division 1 of Part 6.1 substituted

(1)In section 20 of the Justice Legislation Amendment (Criminal Appeals) Act 2019, in proposed section 254(4) of the Criminal Procedure Act 2009, for "Trial Division of the Supreme Court" substitute "Court of Appeal".

(2)In section 20 of the Justice Legislation Amendment (Criminal Appeals) Act 2019, in proposed section 255(7) of the Criminal Procedure Act 2009, for "the Prothonotary" (where twice occurring) substitute ", the Prothonotary or the Registrar of Criminal Appeals".

Part 4—Sentence indications in higher courts

Division 1—Criminal Procedure Act 2009

111Section 207 substituted

For section 207 of the Criminal Procedure Act 2009 substitute—

"207   Court may give sentence indication

(1)At any time after the indictment is filed but before the trial commences, the court may indicate that, if the accused pleads guilty to any charge on the indictment at that time or another charge, the court would be likely to impose on the accused—

(a)a sentence of a specified type; or

(b)a specified maximum total effective sentence.

Note

See section 210 for when a trial commences.

(2)A sentence indication is given in relation to any charges specified in the application under section 208, not an individual charge.

Note

The Open Courts Act 2013 enables the court to close a proceeding or part of a proceeding to the public.".

112Application for sentence indication

(1)In section 208(1)(b) of the Criminal Procedure Act 2009, for "the prosecutor otherwise consents" substitute "subsection (3A) applies".

(2)At the foot of section 208(1) of the Criminal Procedure Act 2009 insert—

"Note

See section 9B of the Victims' Charter Act 2006 for obligations of the DPP to a victim in relation to an application for a sentence indication.".

(3)Section 208(2) of the Criminal Procedure Act 2009 is repealed.

(4)After section 208(3) of the Criminal Procedure Act 2009 insert—

"(3A)A second or subsequent sentence indication may be given if there has been a change in circumstances since the previous sentence indication that is likely to materially affect the sentence indication previously given.".

113Effect of sentence indication

(1)For section 209(1) of the Criminal Procedure Act 2009 substitute—

"(1)If—

(a)the court gives a sentence indication under section 207; and

(b)the accused pleads guilty to any charge to which the sentence indication relates at the first available opportunity—

the court, when sentencing the accused for the offence, must not impose a more severe sentence than the sentence type or maximum total effective sentence indicated.".

(2)Section 209(2) of the Criminal Procedure Act 2009 is repealed.

114New section 209A inserted

After section 209 of the Criminal Procedure Act 2009 insert—

"209A   Review of amendments—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022

(1)The Attorney-General must review the operation of the amendments made to Part 5.6 and section 9B of the Victims' Charter Act 2006 by the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 to determine—

(a)their effectiveness in reducing delay in the courts; and

(b)their impact on victims; and

(c)the availability of information before the courts of the impact of an offence on any victim of the offence at the time that the court is considering an application for a sentence indication.

(2)A review under subsection (1) must be conducted not later than 2 years after the amendments are made to Part 5.6 by the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022.".

115New section 459 inserted

At the end of Chapter 10 of the Criminal Procedure Act 2009 insert—

"459   Transitional provisions—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022

(1)Part 5.6 as amended by the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 applies on and from the day on which those amendments commence, irrespective of whether the trial commenced before, on or after the commencement of those amendments.

(2)Nothing in subsection (1) prevents an accused from applying for a sentence indication under Part 5.6 as amended by the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, irrespective of whether a previous sentence indication was received before the commencement of those amendments.". 

Division 2—Consequential amendment of Victims' Charter Act 2006

116Definitions

In section 3(1) of the Victims' Charter Act 2006 insert the following definition—

"sentence indication means a sentence indication under section 207 of the Criminal Procedure Act 2009;".

117Views of victim to be sought by DPP

(1)After section 9B(1)(c) of the Victims' Charter Act 2006 insert—

"(ca)oppose an application for a sentence indication; or".

(2)In section 9B(2)(b) of the Victims' Charter Act 2006, for "jurisdiction." substitute "jurisdiction; or".

(3)After section 9B(2)(b) of the Victims' Charter Act 2006 insert—

"(c)oppose an application for a sentence indication.".

Part 4A—Information required to be given to victims

117AVictim impact statements

After section 13(1) of the Victims' Charter Act 2006 insert—

"(1A)The prosecuting agency must inform the victim, as soon as reasonably practicable after commencing to deal with that victim, of the victim's entitlement under subsection (1) to make a victim impact statement.".

117BCompensation and financial assistance for victims

After section 16(2) of the Victims' Charter Act 2006 insert—

"(3)A prosecuting agency that is dealing with a victim must inform the victim of the victim's possible entitlements under Divisions 1 and 2 of Part 4 of the Sentencing Act 1991 and refer the victim to any legal assistance available to them.".

Part 5—Personal safety intervention orders

118Definitions

In section 4 of the Personal Safety Intervention Orders Act 2010 insert the following definition—

"declaration of truth means a declaration that complies with section 13(4) made by an applicant in an application under section 13(1)(c) instead of on oath or by affirmation or by affidavit;".

119How application is to be made

(1)In section 13(1)(c) of the Personal Safety Intervention Orders Act 2010, after "affidavit" insert "or by declaration of truth".

(2)For section 13(3) of the Personal Safety Intervention Orders Act 2010 substitute—

"(3)Unless the rules of court otherwise provide, the application may be made by telephone, fax, or other electronic communication.

(4)A declaration of truth—

(a)must include the applicant's full name and date of birth; and

(b)must include an acknowledgement that the content of the application is true and correct to the best of the applicant's knowledge and belief; and

(c)must include an acknowledgement that the applicant knows that making a declaration of truth that the applicant knows to be false is an offence with a penalty of 600 penalty units or 5 years imprisonment or both; and

(d)must otherwise comply with any requirements of the rules of court (if any); and

(e)is not required to be witnessed by, or executed before, any other person.".

120New section 110A inserted

After section 110 of the Personal Safety Intervention Orders Act 2010 insert—

"110A   Offence to make false declaration of truth

A person must not knowingly make a false declaration of truth.

Penalty:600 penalty units or 5 years imprisonment or both.".

121New section 184A inserted

After section 184 of the Personal Safety Intervention Orders Act 2010 insert—

"184A   Validation of certain applications

An application for a personal safety intervention order that was made by electronic communication on or after 1 March 2020 by a person other than a police officer is to be taken to be, and to always have been, a valid application under Part 3 as if it were filed at the proper venue of the court.".

Part 6—Family Division of the Children's Court

122Jurisdiction of Family Division

At the end of section 515 of the Children, Youth and Families Act 2005 insert—

"(4)The Family Division has any jurisdiction given to the Court by or under the Family Law Act 1975 of the Commonwealth.".

123Rules

After section 588(1)(b) of the Children, Youth and Families Act 2005 insert—

"(ba)any matter relating to the jurisdiction of the Family Division of the Court given by section 515(4);".

Part 7—Giving evidence remotely in proceedings relating to family violence

Division 1—Amendment of the Criminal Procedure Act 2009

124When court must direct use of closed-circuit television or other facilities for complainant

At the end of section 363 of the Criminal Procedure Act 2009 insert—

"(2)Subject to subsection (3), if the witness is a complainant in a proceeding that relates (wholly or partly) to a charge for an offence where the conduct constituting the offence consists of family violence within the meaning of the Family Violence Protection Act 2008, the court must direct that an arrangement referred to in section 360(a) be made if—

(a)closed-circuit television or other facilities that enable communication between the courtroom and the other place are available; and

(b)it is practicable to do so.

(3)The court is not required to direct that an arrangement referred to in section 360(a) be made under subsection (2) if—

(a)the prosecution applies for the complainant to give evidence in the courtroom; and

(b)the court is satisfied that the complainant—

(i)is aware of the complainant's right to give evidence in another place by closed-circuit television or other facilities; and

(ii)is able and wishes to give evidence in the courtroom.".

125Statute law revision

In section 357(5) of the Criminal Procedure Act 2009, for "389E(f)" substitute "389E(2)(f)".

Division 2—Amendment of the Family Violence Protection Act 2008

126Alternative arrangements for proceeding

(1)In section 69(1)(a) of the Family Violence Protection Act 2008, for "permitting" substitute "subject to subsections (1A) and (3), permitting".

(2)After section 69(1) of the Family Violence Protection Act 2008 insert—

"(1A)Unless the court is satisfied that an adult witness who is a protected witness within the meaning of section 70(1) is able and wishes to give evidence in the courtroom, the court must direct that an arrangement referred to in subsection (1)(a) in relation to the giving of that evidence be made if—

(a)closed-circuit television or other facilities that enable communication between the courtroom and the other place are available; and

(b)it is practicable to do so.".

(3)For section 69(3) of the Family Violence Protection Act 2008 substitute—

"(3)If a witness is a child, the court must direct that an arrangement referred to in subsection (1)(a) in relation to the giving of that evidence be made if—

(a)closed-circuit television or other facilities that enable communication between the courtroom and the other place are available; and

(b)it is practicable to do so—

unless the court is satisfied that the witness who is a child—

(c)is able and wishes to give evidence in the courtroom; and

(d)it is appropriate to do so, having regard to the age and maturity of the witness.".

(4)In section 69(2) of the Family Violence Protection Act 2008, after "(1)" insert "or (1A)".

Part 8—Repeal of this Act

127Repeal of this Act

This Act is repealed on 1 October 2023.

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: 27 October 2021

Legislative Council: 19 November 2021

The long title for the Bill for this Act was "A Bill for an Act to amend the Criminal Procedure Act 2009 in relation to disclosure obligations and applications for orders relating to non-disclosure, to amend the Magistrates' Court Act 1989, the Supreme Court Act 1986, the Constitution Act 1975 and other Acts in relation to dual commission holders, to amend the Criminal Procedure Act 2009 and the Victims' Charter Act 2006 in relation to sentence indications, to amend the Victims' Charter Act 2006 in relation to information required to be given to victims, to amend the Personal Safety Intervention Orders Act 2010 in relation to applications for personal safety intervention orders, to amend the Children, Youth and Families Act 2005 in relation to the Family Division of the Children's Court and to amend the Criminal Procedure Act 2009 and the Family Violence Protection Act 2008 in relation to giving evidence remotely in certain proceedings and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 27 October 2021

Legislative Council: 19 November 2021

Absolute majorities:

Legislative Assembly: 18 November 2021

Legislative Council: 8 February 2022