Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 (Vic)

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021

No. 11 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of the Evidence (Miscellaneous Provisions) Act 1958

3Definitions—section 3

4Definitions—section 42C

5Appearance, etc. by audio visual link or audio link

6Special provisions applicable to certain proceedings involving children

7Section 42G substituted

8Appearance of adult accused before Magistrates' Court

9Section 42K substituted

10Making of direction for physical appearance in section 42JA or 42K(1) proceedings

11Making of direction for audio visual appearance in section 42JA or 42K(2) proceedings

12Appearance before court of accused who is a child

13Making of direction for audio visual appearance by child

14Section 42Q repealed

15Section 42R substituted

16New sections 42RA and 42RB inserted

17Section 42S substituted

18Application of Surveillance Devices Act 1999

19Putting documents to a remote person

20New section 42UA inserted

21Application of laws about witnesses, etc.

22New sections 42Y and 42YA inserted

23New section 167 inserted

Part 3—Amendment of the Bail Act 1977

24Definitions

25Surety for bail

26New sections 17A and 17B inserted

27Admission to bail

28New section 32B inserted

29Transitional provisions

Part 4—Amendment of Children, Youth and Families Act 2005

30Time and place of conciliation conference

31Who is to attend a conciliation conference?

32Conciliation counselling

33Application for permanent care order

34Variation or revocation of permanent care order

35Requirements for youth control order planning meetings

36Group conference

37Section 505 substituted and new section 505A inserted

38Joint committal proceedings

39Power to adjourn proceeding

40Witness summonses

41Powers of registrar

42Service of documents

43Service on parent or child or other person

Part 5—Amendment of Criminal Procedure Act 2009

44Definitions

45Court may decide pre-trial issue without a hearing

46DPP may discontinue a prosecution without adjudication

47Power to adjourn proceeding

48New section 337A inserted

49Personal service

50New section 456 inserted

Part 6—Amendment of Supreme Court Act 1986

51Manner of making Rules

52New Division 1 of Part 6 inserted

Part 7—Amendment of County Court Act 1958

53New section 36AA inserted

Part 8—Amendment of Magistrates' Court Act 1989

54Powers of registrar

55Attendance of witnesses on adjournment

56New section 125A inserted

Part 9—Amendment of Victorian Civil and Administrative Tribunal Act 1998

57Notice of hearings

58Method of conducting hearings

59Witness summons

60Who presides at a meeting?

61Quorum and meeting procedure

62Power to make rules

Part 10—Amendment of the Electronic Transactions (Victoria) Act 2000

63Purposes

64Outline of Act

65Exemptions

66Signatures

67New sections 12 to 12B inserted

68New section 17 inserted

Part 11—Amendment of the Oaths and Affirmations Act 2018

69Oath or affirmation to be said aloud

70New section 18A inserted

71Signature and oath requirements—deponent

72Requirements of authorised affidavit taker

73Jurat

74New sections 28A and 28B inserted

75New section 29A inserted

76Statutory declarations made in Victoria

77New sections 30A and 30B inserted

78New section 60 inserted

Part 12—Amendment of the Wills Act 1997

79Definitions

80How should a will be executed?

81New sections 8A to 8D inserted

82What persons cannot act as witnesses to wills?

83When and how can a will be revoked?

84Can a will be altered?

85Can a revoked will be revived?

86Application of Act to international wills

87New section 50A inserted

88New section 57 inserted

Part 13—Amendment of the Powers of Attorney Act 2014

89Definitions

90New sections 5A to 5D inserted

91How should a non-enduring power of attorney be executed?

92How should an enduring power of attorney be executed?

93Certification of witness to signing

94Acceptance by attorney

95Acceptance by alternative attorney

96How should an instrument of revocation be executed?

97Certification of witness to signing of instrument of revocation

98How should an appointment be executed?

99Certification of witness to signing of appointment form

100Acceptance by supportive attorney

101Acceptance by alternative attorney

102How should a form of revocation be executed?

103Section 139 substituted

104New section 156 inserted

Part 14—Amendment of the Court Security Act 1980

105Temporary measures in response to COVID-19 pandemic

106Statute law revision

Part 15—Amendment of the Sentencing Act 1991

107Electronic monitoring of offender

108Variation etc. of community correction order

109Court may reopen proceeding to correct penalties imposed contrary to law

Part 16—Amendment of the Open Courts Act 2013

110New sections 8A and 8B inserted

Part 17—Amendment of the Juries Act 2000

111Summons

112Jury pools

113Selection of panels

114New section 37A inserted

115Crown right to stand aside jurors in criminal trials

116Peremptory challenges in criminal trials

117New section 39A inserted

118New section 41A inserted

119New section 100 inserted

120New clause 19 of Schedule 6

Part 18—Amendment of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

121New Division 1 of Part 2 inserted

122Division 2 of Part 2 inserted

123New section 90A inserted

Part 19—Amendment of Justice Legislation Amendment (Criminal Appeals) Act 2019

124Commencement amended

125Repeal of amending Act

Part 20—Amendment of Independent Broad‑Based Anti-corruption Commission Act 2011

Division 1—Amendments relating to measures arising from COVID-19 pandemic

126Definitions

127Confidentiality notice

128Power to issue witness summons

129Content and form of witness summons

130Service of witness summons

131Witness summons

132Content and form of witness summons

133Service of witness summons

134Legal representation of witnesses and other persons

135Specific provisions relating to witnesses

136Service of documents

137New section 194A inserted

Division 2—Amendments relating to examinations

138Power to hold examinations

Division 3—Other amendments

139New section 200 inserted

Part 21—Amendment of other integrity entities legislation

Division 1—Amendment of Freedom of Information Act 1982

140Definitions

141Confidentiality notice

142Extension of confidentiality notice

143Notice to produce or attend

144Service of notice to produce or notice to attend

145Legal advice and representation

146New section 61ZI inserted

147Special requirements for production of documents claimed to be exempt under section 28, 29A, 31 or 31A

148Statute law revision

149New section 73 inserted

Division 2—Amendment of Local Government Act 2020

150Definitions

151Powers of the Chief Municipal Inspector

152Confidentiality notice

153Extension of confidentiality notice

154New section 199A inserted

155Service on a person

156New section 330A inserted

Division 3—Amendment of Ombudsman Act 1973

157Definitions

158Witness summons

159Service of witness summons

160Legal advice and representation

161Further provisions relating to appearances

162New section 22A inserted

163New section 37 inserted

Division 4—Amendment of Privacy and Data Protection Act 2014

164Definitions

165Compliance notice

166Notice to produce or attend

167Service of notice to produce documents or to attend

168Legal advice and representation

169New section 83L inserted

170New section 130 inserted

Division 5—Amendment of Victorian Inspectorate Act 2011

171Definitions

172Specific powers in relation to the IBAC

173Specific powers in relation to the Public Interest Monitors

174Confidentiality notice

175Conduct of investigation

176Examinations must be held in private

177Witness summons

178Service of witness summons

179Legal representation of witnesses and other persons

180Specific provisions relating to witnesses

181New section 67A inserted

182New section 107 inserted

Part 22—Amendment of Fines Reform Act 2014 and related consequential amendments—time served and fines

Division 1—Amendment of Fines Reform Act 2014

183Functions and powers of the Director

184Definitions

185New Division 1A inserted in Part 14

186Section 171A substituted

187Time served orders

188Orders of Magistrates' Court for any relevant infringement fine or any remaining amount

189Contact details of person

190Enforcement and payment report

191New Part 18 inserted

Division 2—Amendment of Infringements Act 2006

192Definitions

193Expiating the offence

194Effect of expiation

Part 23—Amendment of Interpretation of Legislation Act 1984 and related consequential amendments

Division 1—Insertion of definitions of audio link and audio visual link

195Definitions

Division 2—Consequential amendments of other Acts

196Children, Youth and Families Act 2005

197Essential Services Commission Act 2001

198Independent Broad-based Anti-corruption Commission Act 2011

199Parliamentary Committees Act 2003

200Serious Offenders Act 2018

201Victoria Police Act 2013

Part 24—Amendments extending certain provisions relating to COVID-19 pandemic

Division 1—Corrections Act 1986

202Repeal of Part

Division 2—Children, Youth and Families Act 2005

203Application of Part 1.2 principles

204Section 600ZC substituted

Division 3—Local Government Act 2020

205Definitions

206Repeal of Part

Division 4—Occupational Health and Safety Act 2004

207Repeal of Part

Division 5—Parliamentary Committees Act 2003

208Repeal of Part

Part 25—Repeal of this Act

209Repeal of this Act

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Endnotes

1      General information

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021

No. 11 of 2021

[Assented to 23 March 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend various courts, integrity entities and justice Acts to provide for the on-going operation of certain processes and procedures implemented during the COVID‑19 pandemic; and

(b)to amend the Independent Broad-based Anti-corruption Commission Act 2011 to provide for the on-going operation of certain processes and procedures implemented during the COVID-19 pandemic and to provide for Deputy Commissioners to be examiners; and

(c)to amend the Fines Reform Act 2014 in relation to time served and fines; and

(d)to extend the default commencement and repeal dates of the Justice Legislation Amendment (Criminal Appeals) Act 2019; and

(e)to consequentially amend the Interpretation of Legislation Act 1984; and

(f)to extend the operation of certain provisions relating to the COVID-19 pandemic in various Acts.

2Commencement

(1)This Part, Part 19, Division 2 of Part 20 and Part 24 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)The remaining provisions of this Act, except Part 22, come into operation on 26 April 2021.

(3)Subject to subsection (4), Part 22 comes into operation on a day or days to be proclaimed.

(4)If a provision referred to in subsection (3) does not come into operation before 23 February 2022, it comes into operation on that day.

Part 2—Amendment of the Evidence (Miscellaneous Provisions) Act 1958

3Definitions—section 3

In section 3(1) of the Evidence (Miscellaneous Provisions) Act 1958, at the foot of the definition of child, insert the following note—

"Note

See section 42C for the meaning of child for the purposes of Part IIA.".

4Definitions—section 42C

In section 42C of the Evidence (Miscellaneous Provisions) Act 1958—

(a)insert the following definitions—

"exceptional circumstances includes, but is not limited to—

(a)a state of emergency declared under section 198 of the Public Health and Wellbeing Act 2008 in an area where an accused is required to appear before a court or required to transit through in order to appear before a court; or

(b)a state of disaster declared under section 23 of the Emergency Management Act 1986 in an area where an accused is required to appear before a court or required to transit through in order to appear before a court;

head of jurisdiction—

(a)in relation to the Supreme Court, means the Chief Justice; and

(b)in relation to the County Court, means the Chief Judge; and

(c)in relation to the Magistrates' Court, means the Chief Magistrate; and

(d)in relation to the Children's Court, means the President;";

(b)in the definition of court point, for "other place" substitute "any other place or places";

(c)in the definition of practice directions, for "section 42Q" substitute "section 42UA";

(d)for the definition of remote point substitute—

"remote point means a place where—

(a)a person appearing before the court, giving evidence or making a submission is located; or

(b)if Division 3 applies, the accused is located;".

5Appearance, etc. by audio visual link or audio link

After section 42E(5) of the Evidence (Miscellaneous Provisions) Act 1958 insert—

"(6)The exercise of the power conferred on a court to make a direction referred to in subsection (1) is subject to any practice directions.".

6Special provisions applicable to certain proceedings involving children

(1)In section 42F(6) of the Evidence (Miscellaneous Provisions) Act 1958, for "42R(3)" (where twice occurring) substitute "42R".

(2)In section 42F(7) of the Evidence (Miscellaneous Provisions) Act 1958, after "link" insert "unless it is satisfied that exceptional circumstances exist.".

7Section 42G substituted

For section 42G of the Evidence (Miscellaneous Provisions) Act 1958 substitute—

"42G   Technical requirements for audio visual links and audio links

(1)The technical requirements for an audio visual link are—

(a)all appropriate persons at the court point and a remote point have access to equipment that enables them to see and hear—

(i)the person appearing before the court, giving evidence or making a submission; and

(ii)other appropriate persons at the court point, the remote point and any other remote point; and

(b)any requirements prescribed by rules of court for or with respect to the following—

(i)the form of audio visual link;

(ii)the equipment, or class of equipment, used to establish the link;

(iii)the layout of cameras;

(iv)the standard, or speed, of transmission;

(v)the quality of communication;

(vi)any other matter relating to the link; and

(c)any requirements imposed by the presiding judge or magistrate.

(2)The technical requirements for an audio link are—

(a)all appropriate persons at the court point and a remote point have access to equipment that enables them to hear—

(i)the person appearing before the court, giving evidence or making a submission; and

(ii)other appropriate persons at the court point, the remote point and any other remote point; and

(b)any requirements prescribed by rules of court for or with respect to the following—

(i)the form of audio link;

(ii)the equipment, or class of equipment, used to establish the link;

(iii)the standard, or speed, of transmission;

(iv)the quality of communication;

(v)any other matter relating to the link; and

(c)any requirements imposed by the presiding judge or magistrate.

(3)Any requirements imposed by the presiding judge or magistrate under subsection (1)(c) or (2)(c) must not be inconsistent with any provision of this Part or any rules of court.".

8Appearance of adult accused before Magistrates' Court

(1)In section 42JA(1) of the Evidence (Miscellaneous Provisions) Act 1958—

(a)for "Unless" substitute "Subject to subsection (2) or (3), unless";

(b)for "(other than a proceeding referred to in subsection (2) or (3))" substitute "(including a proceeding with respect to bail or sentencing)".

(2)After section 42JA(2) of the Evidence (Miscellaneous Provisions) Act 1958 insert—

"(2A)Despite subsection (2)(b) and (c), until 26 April 2022 an accused is required to appear before the Magistrates' Court by audio visual link in the proceedings referred to in those provisions unless the court makes a direction under section 42L(1).".

9Section 42K substituted

For section 42K of the Evidence (Miscellaneous Provisions) Act 1958 substitute—

"42K   Appearance of adult accused before court other than Magistrates' Court

(1)Subject to subsection (2), unless a court makes a direction under section 42L(1), an accused, other than a child, being held in custody who is required to appear, or be brought, before a court other than the Magistrates' Court in a proceeding is not required to appear, or be brought, physically before the court but may appear before it by audio visual link.

(2)Unless a court makes a direction under section 42M(1), an accused, other than a child, being held in custody who is required to appear, or be brought, before a court other than the Magistrates' Court on a trial (apart from the arraignment of the accused) or hearing of a charge, is required to appear, or be brought, physically before the court.".

10Making of direction for physical appearance in section 42JA or 42K(1) proceedings

(1)In the heading to section 42L of the Evidence (Miscellaneous Provisions) Act 1958, for "42JA(1)" substitute "42JA".

(2)For section 42L(1) of the Evidence (Miscellaneous Provisions) Act 1958 substitute—

"(1)A court may direct that an accused appear, or be brought, physically before it in a proceeding in which, by virtue of a provision of section 42JA or section 42K(1), physical appearance would not otherwise be required, if—

(a)it is satisfied on an application made in accordance with this section, that—

(i)physical appearance is required in the interests of justice; or

(ii)it is not reasonably practicable for the accused to appear before the court by audio visual link; and

(b)it has considered—

(i)the impact of requiring a physical appearance by the accused on the court's case management generally; and

(ii)any risk to public health by requiring a physical appearance by the accused, including any risks involved in transporting the accused between the accused's place of custody and the court.".

(3)In section 42L(1A) of the Evidence (Miscellaneous Provisions) Act 1958, for "in a proceeding referred to in section 42JA(1) is required in the interests of justice, the Magistrates' Court" substitute "is required in the interests of justice, a court".

11Making of direction for audio visual appearance in section 42JA or 42K(2) proceedings

(1)In the heading to section 42M of Evidence (Miscellaneous Provisions) Act 1958, for "42JA(2)" substitute "42JA".

(2)In section 42M(1) of Evidence (Miscellaneous Provisions) Act 1958, for "section 42JA(2) or" substitute "a provision of section 42JA (other than section 42JA(3)) or section".

(3)After section 42M(8) of the Evidence (Miscellaneous Provisions) Act 1958 insert—

"(8A)An address to the court by a victim under subsection (8) may be given—

(a)in person; or

(b)by audio visual link; or

(c)by audio link.".

12Appearance before court of accused who is a child

Section 42O(b) of the Evidence (Miscellaneous Provisions) Act 1958 is repealed.

13Making of direction for audio visual appearance by child

(1)In section 42P(7) of the Evidence (Miscellaneous Provisions) Act 1958, for "if the court is satisfied that exceptional circumstances exist." substitute "if the court is satisfied—

(a)that exceptional circumstances exist; or

(b)that appearance by audio visual link is—

(i)necessary for the purposes of the court's case management generally; and

(ii)consistent with the interests of justice; and

(iii)reasonably practicable in the circumstances.".

(2)After section 42P(9) of the Evidence (Miscellaneous Provisions) Act 1958 insert—

"(9A)An address to the court by a victim under subsection (9) may be given—

(a)in person; or

(b)by audio visual link; or

(c)by audio link.".

14Section 42Q repealed

Section 42Q of the Evidence (Miscellaneous Provisions) Act 1958 is repealed.

15Section 42R substituted

For section 42R of the Evidence (Miscellaneous Provisions) Act 1958 substitute—

"42R   Technical requirements for audio visual appearance by accused

(1)The technical requirements for an audio visual link by which an accused appears before a court are—

(a)all appropriate persons at the court point and a remote point have access to equipment that enables them to see and hear—

(i)the accused—

(A)appearing before the court; or

(B)entering a plea to a charge; or

(C)giving evidence; or

(D)making a submission; and

(ii)other appropriate persons at the court point, the remote point and any other remote point; and

(b)the accused and any legal practitioner representing the accused in the proceeding have access to equipment that, in accordance with any rules of court, enables private communication to take place, and documents to be transmitted, between the accused and the legal practitioner—

(i)during a hearing; or

(ii)during any adjournment of a hearing; or

(iii)on the day of a hearing, shortly before or after the hearing; and

(c)any requirements prescribed by rules of court for or with respect to the following—

(i)the form of audio visual link;

(ii)the equipment, or class of equipment, used to establish the link;

(iii)the layout of cameras;

(iv)the standard or speed of transmission;

(v)the quality of the communication;

(vi)any other matter relating to the link; and

(d)any requirements imposed by the presiding judge or magistrate.

(2)Requirements imposed under subsection (1)(d) must not be inconsistent with any provision of this Part or any rules of court.".

16New sections 42RA and 42RB inserted

After section 42R of the Evidence (Miscellaneous Provisions) Act 1958 insert—

"42RA   Audio link appearance by accused in certain circumstances

(1)An accused referred to in section 42JA(1) or (2A) or 42K(1) who, in accordance with a relevant provision of that section is permitted to appear or be brought before the Magistrates' Court or another court (as the case requires) in a proceeding by audio visual link may appear by audio link instead if the relevant court makes a direction under subsection (3).

(2)If a direction is made under one of the following provisions for an accused to appear in a proceeding by audio visual link, the accused may appear by audio link instead if the court makes a direction under subsection (3)—

(a)section 42M(1) or (7);

(b)section 42MA;

(c)section 42P.

(3)A court may make a direction for the purposes of subsection (1) or (2) if—

(a)the accused is scheduled to appear by audio visual link; and

(b)the audio visual link fails or is otherwise unable to proceed; and

(c)the court needs to make orders or directions in relation to adjourning the proceeding to a time when—

(i)an audio visual link can proceed; or

(ii)the accused can be brought physically before the court; and

(d)the court is satisfied that the technical requirements specified in section 42RB are met or can be reasonably met.

(4)In a proceeding by audio link in accordance with a direction made under subsection (3), a court may make any orders it considers necessary to facilitate the adjournment or efficient administration of the proceeding.

42RBTechnical requirements for audio link appearance by accused

(1)The technical requirements for an audio link by which an accused appears before a court are—

(a)all appropriate persons at the court point and a remote point have access to equipment that enables them to hear—

(i)the accused; and

(ii)other appropriate persons at the court point, the remote point and any other remote point; and

(b)the accused and any legal practitioner representing the accused in the proceeding have access to equipment that, in accordance with any rules of court, enables private communication to take place, or documents to be transmitted, between the accused and the legal practitioner—

(i)during a hearing; or

(ii)during any adjournment of a hearing; or

(iii)on the day of a hearing, shortly before or after the hearing; and

(c)any requirements prescribed by rules of court for or with respect to the following—

(i)the form of audio link;

(ii)the equipment, or class of equipment, used to establish the link;

(iii)the standard or speed of transmission;

(iv)the quality of the communication;

(v)any other matter relating to the link; and

(d)any requirements imposed by the presiding judge or magistrate.

(2)Requirements imposed under subsection (1)(d) must not be inconsistent with any provision of this Part or any rules of court.".

17Section 42S substituted

For section 42S of the Evidence (Miscellaneous Provisions) Act 1958 substitute—

"42S   Protection of communication between accused and legal representative

Without limiting any other protection applying to it—

(a)a communication by—

(i)audio link; or

(ii)audio visual link; or

(b)a communication in the circumstances referred to in section 42R(1)(b) or 42RB(1)(b); or

(c)a document transmitted—

between an accused and the accused's legal representative in accordance with this Part is as confidential and as inadmissible in any proceeding as it would be if the communication took place or the document was produced while they were in each other's presence.".

18Application of Surveillance Devices Act 1999

In section 42T of the Evidence (Miscellaneous Provisions) Act 1958, after "audio visual link," insert "a communication in the circumstances referred to in section 42R(1)(b) or 42RB(1)(b),".

19Putting documents to a remote person

For section 42U(1) of the Evidence (Miscellaneous Provisions) Act 1958 substitute—

"(1)If, in the course of an examination by audio visual link or audio link of a person at a remote point (the key remote point), it is necessary to put a document to the person, the presiding judge or magistrate may permit the document to be put to the person—

(a)if the document is at the court point or another remote point—by transmitting a copy of it to the key remote point by any means and that copy being put to the person; or

(b)if the document is at the key remote point, by putting it to the person and then transmitting a copy of it to the court point and any other remote point by any means.".

20New section 42UA inserted

After section 42U of the Evidence (Miscellaneous Provisions) Act 1958 insert—

"42UA   Practice directions

The head of jurisdiction of a court from time to time may issue practice directions, statements or notes relating to the exercise by the court of its discretion in relation to an application made in accordance with any of the following sections—

(a)section 42E;

(b)section 42L;

(c)section 42M;

(d)section 42N;

(e)section 42P.".

21Application of laws about witnesses, etc.

(1)In section 42W(1) of the Evidence (Miscellaneous Provisions) Act 1958, for "The remote" substitute "A remote".

(2)In section 42W(3) of the Evidence (Miscellaneous Provisions) Act 1958, for "the remote" substitute "a remote".

22New sections 42Y and 42YA inserted

After section 42X of the Evidence (Miscellaneous Provisions) Act 1958 insert—

"42Y   Hearing not invalid because of failure to comply with technical requirements

A hearing is not invalid merely because of a failure to comply with the technical requirements specified in section 42G, 42R or 42RB.

42YARepeal of temporary COVID-19 measures

On 27 April 2022—

(a)section 42JA(2A) is repealed; and

(b)in section 42RA(1) omit "or (2A)".".

23New section 167 inserted

After section 166A of the Evidence (Miscellaneous Provisions) Act 1958 insert—

"167   Transitional provision—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021

(1)Despite the amendments to sections 42JA and 42RA by section 42YA, any direction made under section 42L or 42RA in relation to a proceeding referred to in section 42JA (2A), as in force immediately before its repeal, continues to apply on and after those amendments until the end of the hearing or proceeding in respect of which the direction was made, subject to any further order or direction of the court.

(2)For the purposes of a direction that continues in accordance with subsection (1), Part IIA continues to have effect as if sections 42JA and 42RA had not been amended by section 42YA.".

Part 3—Amendment of the Bail Act 1977

24Definitions

In section 3 of the Bail Act 1977 insert the following definitions—

"electronic signature includes, but is not limited to—

(a)a person confirming their agreement by electronically selecting an option indicating affirmation; or

(b)a person providing a scanned or photographed copy of a document signed by hand;

section 17 notice means the written notice of conditions of bail required by section 17;".

25Surety for bail

In section 9(3B)(a)(ii) of the Bail Act 1977, after "signed by the surety" insert "(including by electronic signature)".

26New sections 17A and 17B inserted

After section 17 of the Bail Act 1977 insert—

"17A   Electronic signature of undertaking by accused

(1)Without limiting how an accused may enter into a written undertaking under section 5(1), the requirements for an accused to enter into a written undertaking are satisfied if—

(a)the bail decision maker, or another authorised person, sends a copy of the undertaking and a copy of the section 17 notice to the accused by electronic communication; and

(b)the accused, by return electronic communication to, or audio visual link with, the bail decision maker or authorised person confirms that the accused—

(i)has received a copy of the section 17 notice; and

(ii)understands the nature and extent of the conditions of the accused's bail; and

(iii)understands the consequences of the failure to comply with the conditions of bail; and

(c)the accused, by return electronic communication to the bail decision maker or authorised person signs the undertaking by electronic signature; and

(d)on receipt of the electronic communication referred to in paragraph (c) from the accused, the bail decision maker or authorised person—

(i)makes a note on the undertaking that the undertaking has been entered into by the accused by electronic signature; and

(ii)makes a note on the undertaking stating the bail decision maker's or authorised person's name and position; and

(iii)attaches a copy of the electronic communication from the accused to the annotated undertaking.

(2)Subject to subsection (3), if an undertaking is entered into in accordance with subsection (1), the annotated undertaking with the attached electronic communication from the accused constitutes the undertaking.

(3)If an undertaking entered into in accordance with subsection (1) has a surety or sureties and the surety signs the annotated undertaking, the undertaking is constituted by the annotated undertaking with attached electronic communication from the accused.

(4)If an undertaking is entered into in accordance with this section, the bail decision maker or authorised person, without delay, must cause a copy of the undertaking and the section 17 notice to be sent to the accused by electronic communication or post.

(5)In this section—

authorised person means a person authorised by section 27 to admit an accused person to bail.

17BElectronic signature of undertaking by child accused's parent or some other person

(1)Without limiting how a parent of a child or some other person (the undertaking person) may enter into an undertaking under section 16B, the requirements for an undertaking person to enter into an undertaking are satisfied if—

(a)the bail decision maker, or another authorised person, sends a copy of the undertaking and a copy of the section 17 notice to the undertaking person by electronic communication; and

(b)the undertaking person, by return electronic communication to the bail decision maker or authorised person, signs the undertaking by electronic signature; and

(c)on receipt of the electronic communication from the undertaking person, the bail decision maker or authorised person—

(i)makes a note on the undertaking that the undertaking has been entered into by the undertaking person by electronic signature; and

(ii)makes a note on the undertaking stating the bail decision maker's or authorised person's name and position; and

(iii)attaches a copy of the electronic communication from the undertaking person to the annotated undertaking.

(2)Subject to subsection (3), if an undertaking is entered into in accordance with subsection (1), the annotated undertaking with the attached electronic communication from the undertaking person constitutes the undertaking.

(3)If an undertaking entered into in accordance with subsection (1) has a surety or sureties and the surety signs the annotated undertaking, the undertaking is constituted by the annotated undertaking with the attached electronic communication from the undertaking person.

(4)If an undertaking is entered into in accordance with this section, the bail decision maker or authorised person, without delay, must cause a copy of the undertaking and the section 17 notice to be sent to the undertaking person by electronic communication or post.

(5)In this section—

authorised person has the same meaning as in section 17A(5).".

27Admission to bail

(1)After section 27(1) of the Bail Act 1977 insert—

"(1A)For the purposes of subsection (1), it is sufficient compliance with that subsection if a person enters into an undertaking in accordance with section 17A or 17B.".

(2)After section 27(2)(c) of the Bail Act 1977 insert—

"(ca)in the case of the Children's Court, a registrar or deputy registrar;".

28New section 32B inserted

After section 32A of the Bail Act 1977 insert—

"32B   Appearing or being brought before a court in a proceeding other than a criminal proceeding

A person in a proceeding, other than a criminal proceeding, may appear before a court for the purposes of any provision of this Act—

(a)personally; or

(b)by a legal practitioner representing the person; or

(c)by another person empowered by law to appear for the person.

Note

Section 328 of the Criminal Procedure Act 2009 sets out how a party to a criminal proceeding may appear before a court.".

29Transitional provisions

After section 34(20) of the Bail Act 1977 insert—

"(21)Any amendment made to this Act by Part 3 of the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 applies to any hearing under this Act or any application made under this Act on or after the commencement of the applicable provision of that Part, regardless of—

(a)when the charge sheet was filed; or

(b)when the offence is alleged to have been committed.".

Part 4—Amendment of Children, Youth and Families Act 2005

30Time and place of conciliation conference

At the end of section 221 of the Children, Youth and Families Act 2005 insert—

"(2)For the purposes of this section, the place for the holding of the conciliation conference includes the holding of a conciliation conference by audio link or audio visual link.".

31Who is to attend a conciliation conference?

After section 222(7) of the Children, Youth and Families Act 2005 insert—

"(8)A convenor of a conciliation conference may permit one or more persons referred to in this section to attend the conciliation by means of audio link or audio visual link.".

32Conciliation counselling

After section 260(4) of the Children, Youth and Families Act 2005 insert—

"(4A)The person conducting conciliation counselling may permit one or more of the parties to undertake conciliation counselling, or participate in a conference, by means of audio link or audio visual link.".

33Application for permanent care order

In section 320(5)(c)(i), (ii) and (iii) of the Children, Youth and Families Act 2005 omit "true".

34Variation or revocation of permanent care order

In section 326(3)(c)(i), (ii) and (iii) of the Children, Youth and Families Act 2005 omit "true".

35Requirements for youth control order planning meetings

(1)After section 409T(2) of the Children, Youth and Families Act 2005 insert—

"(2A)For the purposes of subsection (2), the place at which the meeting is to be held includes a meeting to be held by audio link or audio visual link.".

(2)After section 409T(4) of the Children, Youth and Families Act 2005 insert—

"(5)The convenor, having regard to the views of the attendees of the meeting, may require or permit one or more of the attendees to—

(a)appear before the meeting by audio visual link or audio link; or

(b)participate in the meeting by making oral or written submissions.".

36Group conference

(1)After section 415(3) of the Children, Youth and Families Act 2005 insert—

"(3A)For the purposes of subsection (3), the place at which the group conference is to be held includes a group conference to be held by audio link or audio visual link.".

(2)After section 415(7) of the Children, Youth and Families Act 2005 insert—

"(7A)The convenor, having regard to the views of the attendees of the group conference, may require or permit one or more of the attendees to—

(a)appear before the group conference by audio visual link or audio link; or

(b)participate in the group conference by making oral or written submissions.".

37Section 505 substituted and new section 505A inserted

For section 505 of the Children, Youth and Families Act 2005 substitute—

"505   Where and when Court to be held

The Court may sit and act at any time and place.

505ACourt may order place of hearing which is not a proper venue

(1)Without limiting section 505, the Court may order that a hearing be held at an appropriate place that is not the proper venue for the hearing if the Court considers that—

(a)for any reason it is appropriate that the hearing not be held at the proper venue; and

(b)it is in the interests of justice that the hearing not be held at the proper venue.

(2)In determining an appropriate place to hold a hearing for the purposes of subsection (1), the Court must first have regard to—

(a)places closest to the proper venue for the hearing; and

(b)the views of the parties to the proceeding.".

38Joint committal proceedings

In section 516A(1) of the Children, Youth and Families Act 2005, for "Despite section 505(3), the" substitute "The".

39Power to adjourn proceeding

In section 530(5) of the Children, Youth and Families Act 2005, after "audio visual link" insert "or audio link".

40Witness summonses

In section 532(5)(a) and (b) of the Children, Youth and Families Act 2005 omit "true".

41Powers of registrar

(1)In section 539(1) of the Children, Youth and Families Act 2005—

(a)for paragraph (d) substitute—

"(d)power to abridge or extend the bail of a person who has been granted bail in relation to a criminal proceeding;";

(b)in paragraph (f), for "2016." substitute "2016;";

(c)after paragraph (f) insert—

"(g)power to adjourn a criminal proceeding or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016;

(h)power to abridge or extend the adjournment of a criminal proceeding or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016;

(i)power to otherwise change the time or place at which a criminal proceeding or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016 is listed before the Court.".

(2)In section 539(2) of the Children, Youth and Families Act 2005, for "Subsection (1)(c) does not empower" substitute "Nothing in this section empowers".

(3)After section 539(2) of the Children, Youth and Families Act 2005 insert—

"(3)The power under subsection (1)(d) to abridge or extend the bail of a person may be exercised—

(a)at any time, including on the day on which the person's proceeding is listed before the Court; and

(b)either in the presence or absence of the person.

(4)The powers under subsection (1)(g), (h) and (i) in respect of a proceeding may be exercised—

(a)at any time, including on the day on which the proceeding is listed before the Court; and

(b)either in the presence or absence of the parties.

(5)The powers under subsection (1)(d), (g), (h) and (i) may be exercised—

(a)on the application of a party; or

(b)on the registrar's own initiative.".

42Service of documents

(1)In section 593(1) of the Children, Youth and Families Act 2005—

(a)in paragraphs (a) and (b) omit "true";

(b)in paragraph (c)—

(i)omit "true";

(ii)for "age." substitute "age; or";

(c)after paragraph (c) insert—

"(d)by delivering a copy of the document to the person by means of an electronic communication that is confirmed as having been received by the person; or

(e)by sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

(f)by leaving a copy of the document for that person—

(i)at the place of business of the person's authorised legal representative; and

(ii)with a person who apparently works there and who apparently is not less than 16 years of age; or

(g)by delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

(h)by delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.".

(2)After section 593(1) of the Children, Youth and Families Act 2005 insert—

"(1A)For the purposes of subsection (1), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of the other person.".

(3)After section 593(3) of the Children, Youth and Families Act 2005 insert—

"(4)   Subsections (1)(d), (e), (f), (g) and (h) and (1A) apply to any other provision under this Act that requires service to be by registered post or personally or otherwise.

(5)   In this section—

authorised legal representative of a person means a legal representative of the person who has been instructed by the person to receive documents on the person's behalf.".

43Service on parent or child or other person

(1)In section 594 of the Children, Youth and Families Act 2005—

(a)in paragraphs (a) and (b) omit "true";

(b)in paragraph (c)—

(i)omit "true";

(ii)for "age." substitute "age; or";

(c)after paragraph (c) insert—

"(d)by delivering, not less than 5 days before the hearing date stated in the notice, a copy of the document to the parent or the child or the person (as the case requires), by means of an electronic communication that is confirmed as having been received by the parent or the child or the person; or

(e)by sending by registered post, not less than 14 days before the hearing date stated in the notice, a copy of the notice, addressed to the authorised legal representative of the parent or the child or the person (as the case requires), to the place of business of the authorised legal representative of the parent or the child or the person; or

(f)by leaving, not less than 5 days before the hearing date stated in the notice, a copy of the notice for the parent or the child or the person (as the case requires)—

(i)at the place of business of the authorised legal representative of the parent or the child or the person; and

(ii)with a person who apparently works there and who apparently is not less than 16 years of age; or

(g)by delivering, not less than 5 days before the hearing date stated in the notice, a copy of the notice, addressed to the authorised legal representative of the parent or the child or the person (as the case requires), to the authorised legal representative personally; or

(h)by delivering, not less than 5 days before the hearing date stated in the notice, a copy of the notice to the authorised legal representative of the parent or the child or the person (as the case requires) by means of an electronic communication that is confirmed as having been received by the authorised legal representative.".

(2)At the end of section 594 of the Children, Youth and Families Act 2005 insert—

"(2)   In this section—

authorised legal representative of a child or a parent of a child or other person means a legal representative of the child or the parent or other person who has been instructed by the child or parent or other person to receive documents on behalf of the child or the parent or other person.".

Part 5—Amendment of Criminal Procedure Act 2009

44Definitions

In section 3 of the Criminal Procedure Act 2009, in paragraph (b) of the definition of attend, after "link" insert "or audio link".

45Court may decide pre-trial issue without a hearing

(1)For section 201(1) of the Criminal Procedure Act 2009 substitute—

"(1)This section applies if the court is notified of an issue under section 200(1) at least 14 days before the day on which the trial of the accused is listed to commence.

(1A)The court may decide the issue without an oral hearing and entirely on the basis of written submissions and without the appearance of the parties—

(a)if the court is satisfied that it is in the interests of justice to do so; and

(b)whether or not the parties consent to the court doing so.

(1B)For the purposes of subsection (1A), in deciding whether it is in the interests of justice to decide the issue without an oral hearing, the court must have regard to—

(a)the right of an accused to a fair hearing; and

(b)the nature of the issue; and

(c)whether the accused or the offender (as the case requires) has had the opportunity to obtain legal advice; and

(d)whether the parties consent to the court doing so.".

(2)In section 201(2) of the Criminal Procedure Act 2009 for "parties agree to have the issue decided" substitute "court decides to decide the issue".

(3)Section 201(5) of the Criminal Procedure Act 2009 is repealed.

46DPP may discontinue a prosecution without adjudication

In section 177(1)(a) of the Criminal Procedure Act 2009, after "in court" insert "(including by audio link or audio visual link)".

47Power to adjourn proceeding

In section 331(6)(b) of the Criminal Procedure Act 2009 omit "(within the meaning of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958)".

48New section 337A inserted

After section 337 of the Criminal Procedure Act 2009 insert—

"337A   Court may determine issue in criminal proceeding without oral hearing

(1)In addition to, and without limiting, section 201, a court may determine any issue (other than determining whether an accused is guilty or not guilty) in any criminal proceeding without an oral hearing and entirely on the basis of written submissions and without the appearance of the parties—

(a)if the court is satisfied that it is in the interests of justice to do so; and

(b)whether or not the parties consent to the court doing so.

Note

Section 201 provides for issues to be decided before trial on the basis of written submissions and without the appearance of the parties.

(2)For the purposes of subsection (1), in determining whether it is in the interests of justice to determine an issue in a criminal proceeding without an oral hearing, the court must have regard to—

(a)the right of an accused to be present at the accused's trial; and

(b)the right of an accused to a fair hearing; and

(c)the nature of the issue; and

(d)whether the accused or the offender (as the case requires) has had the opportunity to obtain legal advice; and

(e)whether the parties consent to the court doing so.

(3)Nothing in this section affects any other power of the court to determine an issue in a criminal proceeding without an oral hearing.".

49Personal service

(1)In section 391(2)(b) of the Criminal Procedure Act 2009 omit "if the person does not accept the copy," .

(2)After section 391(2) of the Criminal Procedure Act 2009 insert—

"(2A)For the purposes of subsection (2)(c), a person satisfies the requirement to leave a copy of a document with another person by putting a copy of the document down in the presence of the other person and telling the person the nature of the document.".

(3)After section 391(4)(c) of the Criminal Procedure Act 2009 insert—

"(ca)delivering a copy of the document by means of fax or email to the legal practitioner of the person who—

(i)has consented to receiving documents on the person's behalf by fax or email; and

(ii)has provided a fax number or address or email address to the prosecution or informant in the matter in respect of which the legal practitioner is representing the person; or".

50New section 456 inserted

After section 455 of the Criminal Procedure Act 2009 insert—

"456   Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021

(1)Subject to subsection (2), this Act as amended by Part 5 of the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, applies, on and from the commencement of a relevant amendment in relation to a criminal proceeding irrespective of when—

(a)the criminal proceeding commenced; or

(b)the offence to which the criminal proceeding relates is alleged to have been committed.

(2)Section 201, as in force immediately before its amendment by Part 5 of the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 continues to apply in relation to the determination of an issue that a court—

(a)before the commencement of Part 5, was notified of under section 200(1) at least 14 days before the day on which the trial of the accused was listed to commence; and

(b)at that commencement, has not yet decided.".

Part 6—Amendment of Supreme Court Act 1986

51Manner of making Rules

At the end of section 26 of the Supreme Court Act 1986 insert—

"(2)Without limiting subsection (1), the Judges of the Court may exercise the power to make Rules by means of a majority of Judges of the Court (not including any reserve Judge, Associate Judge or reserve Associate Judge) agreeing to the proposed Rules without being physically present at a meeting held for that purpose.".

52New Division 1 of Part 6 inserted

Before Division 2 of Part 6 of the Supreme Court Act 1986 insert—

"Division 1—Determinations without oral hearing

62Court may determine matter or proceeding without oral hearing

(1)The Court may determine any matter in any proceeding, or determine any proceeding, without an oral hearing and entirely on the basis of written submissions and without the appearance of the parties—

(a)if the Court is satisfied that it is in the interests of justice to do so; and

(b)whether or not the parties consent to the Court doing so.

Note

This power does not apply to criminal proceedings—see the definition of proceeding in section 3(1). Section 337A of the Criminal Procedure Act 2009 provides similarly for criminal proceedings. See also section 201 of that Act.

(2)For the purposes of subsection (1), in determining whether it is in the interests of justice to determine a matter or a proceeding without an oral hearing, the Court shall have regard to—

(a)the nature of the matter or proceeding; and

(b)the right to a fair hearing; and

(c)whether the parties have had the opportunity to obtain legal advice; and

(d)whether the parties consent to the Court doing so.

(3)Nothing in this section affects any other power of the Court to determine a matter or a proceeding without an oral hearing.".

Part 7—Amendment of County Court Act 1958

53New section 36AA inserted

After section 36 of the County Court Act 1958 insert—

"36AA   Court may determine matter or proceeding without oral hearing

(1)The court may determine any matter in any proceeding, or determine any proceeding, without an oral hearing and entirely on the basis of written submissions and without the appearance of the parties—

(a)if the court is satisfied that it is in the interests of justice to do so; and

(b)whether or not the parties consent to the court doing so.

(2)Subsection (1) does not apply to a criminal proceeding or a matter in a criminal proceeding.

Note

Section 337A of the Criminal Procedure Act 2009 provides similarly for criminal proceedings. See also section 201 of that Act.

(3)For the purposes of subsection (1), in determining whether it is in the interests of justice to determine a matter or a proceeding without an oral hearing, the court shall have regard to—

(a)the nature of the matter or proceeding; and

(b)the right to a fair hearing; and

(c)whether the parties have had the opportunity to obtain legal advice; and

(d)whether the parties consent to the court doing so.

(4)Nothing in this section affects any other power of the court to determine a matter or a proceeding without an oral hearing.".

Part 8—Amendment of Magistrates' Court Act 1989

54Powers of registrar

(1)In section 21(1) of the Magistrates' Court Act 1989—

(a)for paragraph (c) substitute—

"(c)power to abridge or extend the bail of a person who has been granted bail in relation to a criminal proceeding;";

(b)in paragraph (g), for "2016." substitute "2016;";

(c)after paragraph (g) insert—

"(h)power to adjourn a criminal proceeding or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016;

(i)power to abridge or extend the adjournment of a criminal proceeding or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016;

(j)power to otherwise change the time or place at which a criminal proceeding or a proceeding under the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 or the National Domestic Violence Order Scheme Act 2016 is listed before the Court.".

(2)In section 21(2) of the Magistrates' Court Act 1989, for "Subsection (1)(c) does not empower" substitute "Nothing in this section empowers".

(3)After section 21(2) of the Magistrates' Court Act 1989 insert—

"(3)The power under subsection (1)(c) to abridge or extend the bail of a person may be exercised—

(a)at any time, including on the day on which the person's proceeding is listed before the Court; and

(b)either in the presence or absence of the person.

(4)The powers under subsection (1)(h), (i) and (j) in respect of a proceeding may be exercised—

(a)at any time, including on the day on which the proceeding is listed before the Court; and

(b)either in the presence or absence of the parties.

(5)The powers under subsection (1)(c), (h), (i) and (j) may be exercised—

(a)on the application of a party; or

(b)on the registrar's own initiative.".

55Attendance of witnesses on adjournment

At the end of section 45 of the Magistrates' Court Act 1989 insert—

"(2)A witness is not required to attend court on the date and time specified in a witness summons under subsection (1)(a), if the criminal proceeding is adjourned prior to the date and time specified in that summons.".

56New section 125A inserted

After section 125 of the Magistrates' Court Act 1989 insert—

"125A   Court may determine matter or proceeding without oral hearing

(1)The court may determine any matter in any proceeding, or determine any proceeding, without an oral hearing and entirely on the basis of written submissions and without the appearance of the parties—

(a)if the court is satisfied that it is in the interests of justice to do so; and

(b)whether or not the parties consent to the court doing so.

(2)Subsection (1) does not apply to a criminal proceeding or a matter in a criminal proceeding.

Note

Section 337A of the Criminal Procedure Act 2009 provides similarly for criminal proceedings. See also section 201 of that Act.

(3)For the purposes of subsection (1), in determining whether it is in the interests of justice to determine a matter or a proceeding without an oral hearing, the court shall have regard to—

(a)the nature of the matter or proceeding; and

(b)the right to a fair hearing; and

(c)whether the parties have had the opportunity to obtain legal advice; and

(d)whether the parties consent to the court doing so.

(4)Nothing in this section affects any other power of the court to determine a matter or a proceeding without an oral hearing.".

Part 9—Amendment of Victorian Civil and Administrative Tribunal Act 1998

57Notice of hearings

After section 99(2) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(3)In this section, the place for the hearing of a proceeding includes the hearing of a proceeding by audio link or audio visual link.".

58Method of conducting hearings

For section 100(2) of the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"(2)The Tribunal may conduct all or part of a proceeding entirely on the basis of documents, without the appearance of the parties or their representatives or witnesses, unless a party objects to all or part of the proceeding being conducted in this manner.

(3)The Tribunal may conduct all or part of a proceeding (other than a prescribed proceeding or a prescribed class of proceeding) entirely on the basis of documents, without the appearance of the parties or their representatives or witnesses, if—

(a)a party objects to all or part of the proceeding being conducted in this manner; and

(b)the Tribunal is satisfied that the objection is not reasonable.".

59Witness summons

After section 104(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(3A)A person who receives a summons to produce documents may produce the documents by filing them with the Tribunal by electronic communication or by post.

(3B)A person who receives a summons to physically attend the Tribunal under subsection (1) may instead appear before the Tribunal by audio link or audio visual link.".

60Who presides at a meeting?

In section 154 of the Victorian Civil and Administrative Tribunal Act 1998, after "the Rules Committee" insert "(including a meeting held by remote means)".

61Quorum and meeting procedure

In section 155(2) of the Victorian Civil and Administrative Tribunal Act 1998, after "a meeting" insert "(including a meeting held by remote means)".

62Power to make rules

(1)In section 157(1) of the Victorian Civil and Administrative Tribunal Act 1998 omit ", at a meeting,".

(2)After section 157(1) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(1A)If the Rules Committee makes Rules at a meeting (including a meeting held by remote means) the quorum requirements specified in section 155 apply.

(1B)The Rules Committee may decide the procedures for making Rules other than at a meeting.".

Part 10—Amendment of the Electronic Transactions (Victoria) Act 2000

63Purposes

After section 1(b) of the Electronic Transactions (Victoria) Act 2000 insert—

"(ba)to provide for witnessing by audio visual link;".

64Outline of Act

After section 5(1)(b) of the Electronic Transactions (Victoria) Act 2000 insert—

"(ba)for the purposes of a law of this jurisdiction, witnessing may occur by audio visual link;".

65Exemptions

After section 6A(1)(a) of the Electronic Transactions (Victoria) Act 2000 insert—

"(ab)to witnessing in accordance with a law of this jurisdiction, (including but not limited to witnessing by audio visual link), whether—

(i)generally; or

(ii)to specified transactions or classes of transaction; or

(iii)to specified documents or classes of document; or

(iv)to specified persons or classes of person; or".

66Signatures

(1)In section 9(1)(c) of the Electronic Transactions (Victoria) Act 2000, after "paragraph (a)" insert ", having regard to the fact that it is not a sufficient reason to refuse to give consent merely because a person proposes to use a method mentioned in that paragraph".

(2)After section 9(1) of the Electronic Transactions (Victoria) Act 2000 insert—

"(1A)For the avoidance of doubt, a requirement for a signature of a person may be met by electronic signature under subsection (1).

Example

Confirming a person's agreement by electronically selecting an option indicating agreement or affirmation.

(1B)For the purposes of this section, in relation to a transaction or other signing of a document, not all signatures are required to appear on the one copy of a document.".

67New sections 12 to 12B inserted

After section 11 of the Electronic Transactions (Victoria) Act 2000 insert—

'12   Witnessing by audio visual link

(1)A law of this jurisdiction in relation to a requirement for the presence of a witness, signatory or other person may be met by the witness, signatory or other person being present by audio visual link.

Examples

1     A person observing another person by audio visual link in order to sign a document confirming that person's identity.

2     A person observing, by audio visual link, another person writing that other person's signature in order to sign a document as a witness to that other person's signature.

(2)For the purposes of this section, the following requirements must be met—

(a)if the transaction involved a person signing a document, the witness saw the signatory sign the document; and

(b)the witness must be reasonably satisfied that the document signed as a witness is the same document or a copy of the document; and

(c)all requirements for witnessing by audio visual link occurred on the same day; and

(d)any other prescribed requirements (if any); and

(e)the witness must ensure a statement is included on the document the witness signs that all the requirements of this section have been met.

(3)A witness need not be physically located in Victoria, unless otherwise required by a law of this jurisdiction.

(4)Nothing in this section is taken to interfere with any Act or law, including the common law or equitable duties or interests arising out of the law of misrepresentation, unconscionability, duress or undue influence.

(5)This section does not affect the operation of any other law of this jurisdiction that makes provision for or in relation to—

(a)a witnessing requirement which could not be met by witnessing by audio visual link; or

(b)a particular method to be used to witness a document by audio visual link.

12ADeeds

(1)A deed—

(a)may be created in electronic form; and

(b)may be signed, sealed and delivered by electronic communication.

(2)A provision of this Act that applies in relation to a transaction applies in relation to a deed referred to in subsection (1) as if a reference to "transaction" includes a reference to that deed.

(3)Nothing in this section is taken to interfere with any Act or law, including the common law or equitable duties or interests arising out of the law of misrepresentation, unconscionability, duress or undue influence.

12BMortgages

(1)A mortgage may be in electronic form.

(2)A provision of this Act that applies in relation to a transaction applies in relation to a mortgage referred to in subsection (1) as if a reference to "transaction" includes a reference to that mortgage.

(3)Nothing in this section is taken to interfere with any Act or law, including the common law or equitable duties or interests arising out of the law of misrepresentation, unconscionability, duress or undue influence.

(4)This section does not affect the operation of any other law of this jurisdiction that makes specific provision for or in relation to the requirements for a mortgage in electronic form.

Example

The operation of the Electronic Conveyancing National Law (Victoria) in relation to electronic lodgement of mortgages or other documents under that Law.'.

68New section 17 inserted

After section 16 of the Electronic Transactions (Victoria) Act 2000 insert—

"17   Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021

On and from the commencement of Part 10 of the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, any transaction, deed or mortgage signed or witnessed under this Act as modified by Part 2 of the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020 (as in force immediately before their revocation) continues to be a validly signed or witnessed transaction, deed or mortgage despite that revocation.".

Part 11—Amendment of the Oaths and Affirmations Act 2018

69Oath or affirmation to be said aloud

At the end of section 9 of the Oaths and Affirmations Act 2018 insert—

"(2)For the purposes of subsection (1), an oath or affirmation may be said aloud in the physical presence of the administering officer or by audio visual link or audio link.".

70New section 18A inserted

After section 18 of the Oaths and Affirmations Act 2018 insert—

"18A   Electronic signatures and initials

A requirement under this Part for a deponent or an authorised affidavit taker to sign or initial an affidavit, a jurat, an exhibit, a certificate or other document attached to an affidavit is satisfied if the deponent or the authorised affidavit taker signs or initials the affidavit, jurat, exhibit, certificate or other document by electronic means.".

71Signature and oath requirements—deponent

In section 25 of the Oaths and Affirmations Act 2018—

(a)in subsection (1), after "presence" insert "(whether physically or by audio visual link)";

(b)in subsection (2), after "presence" insert "(whether physically or by audio visual link)".

72Requirements of authorised affidavit taker

After section 26(4) of the Oaths and Affirmations Act 2018 insert—

"(5)If an affidavit has been signed and sworn or affirmed by a deponent under section 25 by audio visual link, an authorised affidavit taker may use a scanned or electronic copy of the affidavit for the purposes of complying with the requirements of this section and section 27.".

73Jurat

After section 27(1) of the Oaths and Affirmations Act 2018 insert—

"(1A)If an affidavit has been signed and sworn or affirmed by a deponent by audio visual link and the authorised affidavit taker has used a scanned or electronic copy of the affidavit for the purposes of complying with the requirements of section 26, the authorised affidavit taker, in addition to any other requirements of this section, must state that—

(a)the affidavit was signed and sworn or affirmed by the deponent by audio visual link; and

(b)the authorised affidavit taker has used a scanned or electronic copy of the affidavit and not the original in completing the jurat requirements under subsection (1).".

74New sections 28A and 28B inserted

After section 28 of the Oaths and Affirmations Act 2018 insert—

"28A   Inability to comply with requirements—admission into evidence

A court or tribunal may admit a purported affidavit that does not comply with section 25, 26 or 27 into evidence in a particular proceeding if—

(a)the purported affidavit states the reason why the deponent or authorised affidavit taker (as the case requires) was unable to comply with section 25, 26 or 27; and

(b)the court or tribunal, in considering the reason, is satisfied that it is in the interests of justice to admit the purported affidavit into evidence.

28BAudio visual procedures do not limit other duties and obligations

(1)The use of audio visual procedures under this Part in relation to affidavits applies subject to any express contrary intention imposed by any other duty or obligation under any Act (including a Commonwealth Act) or at common law applying to a person as a deponent or an authorised affidavit taker in relation to affidavits.

(2)Nothing in this Part limits any requirement imposed by this Part by which a person must not write or do something without first being satisfied of certain matters.".

75New section 29A inserted

Before section 30 of the Oaths and Affirmations Act 2018 insert—

"29A   Electronic signatures and initials

A requirement under this Part for a person making a statutory declaration or a statutory declaration witness to sign or initial a statutory declaration, an exhibit, a certificate or other document attached to a statutory declaration is satisfied if the person making a statutory declaration or a statutory declaration witness signs or initials the statutory declaration, exhibit, certificate or other document by electronic means.".

76Statutory declarations made in Victoria

In section 30 of the Oaths and Affirmations Act 2018—

(a)in subsection (2), after "presence" insert "(whether physically or by audio visual link)";

(b)in subsection (3), after "presence" insert "(whether physically or by audio visual link)";

(c)in subsection (4), after "presence" insert "(whether physically or by audio visual link)".

77New sections 30A and 30B inserted

After section 30 of the Oaths and Affirmations Act 2018 insert—

"30A   Requirements if statutory declaration made or witnessed by audio visual link or in electronic form

(1)If a statutory declaration is made in electronic form or is witnessed under section 30 by audio visual link, the statutory declaration witness may use a scanned or electronic copy of the statutory declaration for the purposes of complying with the requirements of this Part.

(2)If a statutory declaration is made in electronic form or is witnessed under section 30 by audio visual link, in addition to any other requirements of this Part, the statutory declaration must include a statement—

(a)specifying the manner of that making or witnessing; and

(b)whether a scanned or electronic copy of the statutory declaration was used in accordance with subsection (1).

(3)A statement required under subsection (2) may be pre-filled on the form of statutory declaration.

30BAudio visual procedures do not limit other duties and obligations

(1)The use of audio visual procedures under this Part in relation to statutory declarations applies subject to any express contrary intention imposed by any other duty or obligation under any Act (including any Commonwealth Act) or at common law applying to a person who makes a statutory declaration or a statutory declaration witness in relation to statutory declarations.

(2)Nothing in this Part limits any requirement imposed by this Part by which a person must not write or do something without first being satisfied of certain matters.".

78New section 60 inserted

At the end of Part 7 of the Oaths and Affirmations Act 2018 insert—

"60   Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021

On and from the commencement of Part 11 of the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, any statutory declaration made under this Act as modified by Part 3 of the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020 (as in force immediately before their revocation) continues to be a valid statutory declaration despite that revocation.".

Part 12—Amendment of the Wills Act 1997

79Definitions

(1)In section 3(1) of the Wills Act 1997 insert the following definitions—

"remote execution procedure means the procedure set out in section 8A;

special witness means—

(a)an Australian legal practitioner; or

(b)a justice of the peace appointed under section 7 of the Honorary Justices Act 2014; or

(c)a person who is a member of a prescribed class of person;".

(2)In section 3(1) of the Wills Act 1997, in the definition of document, after "writing" insert "and if the remote execution procedure is used, includes a document in electronic form".

80How should a will be executed?

(1)In section 7(2) of the Wills Act 1997, for "A statement" substitute "Subject to the requirements of the remote execution procedure, a statement".

(2)After section 7(4) of the Wills Act 1997 insert—

'(5)For the purposes of this section, a will may be executed by using the remote execution procedure and that will is a valid will.

(6)For the purposes of this section, a signature may be an electronic signature if the remote execution procedure is used.

(7)For the purposes of this section "in the presence of" includes being present by audio visual link in accordance with the remote execution procedure.'.

81New sections 8A to 8D inserted

After section 8 of the Wills Act 1997 insert—

8ARemote execution procedure"

(1)A will may be executed under this Act in accordance with the remote execution procedure set out in this section.

Note

See section 3(2) regarding codicils and other testamentary writing.

(2)One of the witnesses must be a special witness and, if more than one witness qualifies as a special witness, only one of the special witnesses is to be the special witness.

(3)All elements of the remote execution procedure must be carried out on the same day and within Victoria.

(4)The testator must either—

(a)sign the will with all witnesses clearly seeing that signature being made by audio visual link or a combination of physical presence and audio visual link; or

(b)direct another person (the substitute signatory) to sign the will with all witnesses clearly seeing and hearing the direction of the testator to the substitute signatory and all witnesses and the testator seeing the substitute signatory's signature being made on behalf of the testator by audio visual link or a combination of physical presence and audio visual link.

(5)Subject to subsection (6), any witness who is physically present with the testator then signs the will in accordance with the requirements for witnesses under this Act.

(6)The special witness must sign the will as the special witness last, whether the special witness is physically present with the testator or not.

(7)The will is then transmitted by electronic communication to any witness attending by audio visual link who must—

(a)be reasonably satisfied that the document which the witness is to sign is the same document that the testator (or the substitute signatory on behalf of the testator) signed; and

(b)ensure that there is on the will a statement that the witness witnessed the will by audio visual link in accordance with the remote execution procedure; and

(c)sign the will as a witness with the testator clearly seeing the signature of the witness being made by audio visual link; and

(d)if the witness is the special witness, in addition to complying with paragraphs (a) to (c), the special witness must check the will for compliance with the remote execution procedure and ensure that there is a statement on the will setting out—

(i)that the will was signed and witnessed in accordance with the remote execution procedure; and

(b)in subsection (4), after "age" insert "or in accordance with subsection (4A)".

(2)After section 83C(3) of the Privacy and Data Protection Act 2014 insert—

"(3A)A document that must be served personally on a person may be served on a natural person by—

(a)sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or

(b)delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or

(c)sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

(d)leaving a copy of the document for that person—

(i)at the place of business of the person's authorised legal representative; and

(ii)with a person who apparently works there and who is apparently not less than 18 years of age; or

(e)delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

(f)delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.".

(3)After section 83C(4) of the Privacy and Data Protection Act 2014 insert—

"(4A)A document that must be served on a body corporate may be served by—

(a)sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or

(b)delivering a copy of the document to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate.

(4B)For the purposes of subsection (3) or (3A), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of that other person.

(4C)For the purposes of subsections (3A)(b) and (f) and (4A)(b), the receipt of a document may be confirmed by any form of electronic communication.".

168Legal advice and representation

At the end of section 83F of the Privacy and Data Protection Act 2014 insert—

"(2)For the purposes of this section, a legal practitioner may represent a person by means of audio visual link or audio link.".

169New section 83L inserted

After section 83K of the Privacy and Data Protection Act 2014 insert—

83LAct applies equally to attendance in person or by audio or audio visual link"

(1)Except as otherwise provided in this Part, a provision of this Act that applies in relation to attendance of a person required under a notice under section 83A applies in relation to attendance by audio visual link or audio link in the same way that it applies in relation to attendance in person.

(2)Except as otherwise provided in this Part, a provision of this Act that applies in relation to production of documents required under a notice under section 83A applies in relation to production of documents by secure electronic means in the same way that it applies in relation to production of documents in person.".

170New section 130 inserted

After section 129 of the Privacy and Data Protection Act 2014 insert—

130Regulations dealing with transitional matters—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021"

(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 amendment of this Act by the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, 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 date that the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 receives the Royal Assent;

(b)be of limited or general application;

(c)differ according to differences in time, place or circumstances;

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

(e)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 made under this section have effect despite anything to the contrary—

(a)in any Act (other than the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 or the Charter of Human Rights and Responsibilities Act 2006); or

(b)in any subordinate instrument.

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

Division 5—Amendment of Victorian Inspectorate Act 2011

171Definitions

In section 3(1) of the Victorian Inspectorate Act 2011 insert the following definition—

"authorised legal representative of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;".

172Specific powers in relation to the IBAC

After section 12A(2) of the Victorian Inspectorate Act 2011 insert—

"(2A)A requirement under subsection (2)(d) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.

(2B)A requirement under subsection (2)(d) that provides for attendance as described in subsection (2A)—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

173Specific powers in relation to the Public Interest Monitors

After section 13(6) of the Victorian Inspectorate Act 2011 insert—

"(6A)A requirement under subsection (6) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.

(6B)A requirement under subsection (6) that provides for attendance as described in subsection (6A)—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

174Confidentiality notice

In section 38(9) of the Victorian Inspectorate Act 2011, for "56(4)," substitute "56(3A), 56(4), 56(4A),".

175Conduct of investigation

After section 47(9) of the Victorian Inspectorate Act 2011 insert—

"(10)A requirement under subsection (1)(d), (2)(d), (3)(d), (4)(d), (4A)(d) or (4B)(d) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.

(11)A requirement referred to in subsection (10), that provides for attendance as described in that subsection—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

176Examinations must be held in private

After section 51(2) of the Victorian Inspectorate Act 2011 insert—

"(3)For the purposes of this section—

(a)an examination may be conducted by audio visual link or audio link; and

(b)attending an examination includes attending the examination by audio visual link or audio link.

(4)For the purposes of subsection (1), an examination conducted by means of audio visual link or audio link is taken to be held in private.".

177Witness summons

After section 53(1) of the Victorian Inspectorate Act 2011 insert—

"(1A)A witness summons may specify that attendance required under the summons is to be by means of audio visual link or audio link and in a specified manner.

(1B)A witness summons that provides for attendance as described in subsection (1A)—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

178Service of witness summons

(1)In section 56 of the Victorian Inspectorate Act2011—

(a)in subsection (3), after "personally" insert "or in accordance with subsection (3A)";

(b)in subsection (4), after "age" insert "or in accordance with subsection (4A)".

(2)After section 56(3) of the Victorian Inspectorate Act2011 insert—

"(3A)A document that must be served personally on a person may be served on a natural person by—

(a)sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or

(b)delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or

(c)sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

(d)leaving a copy of the document for that person—

(i)at the place of business of the person's authorised legal representative; and

(ii)with a person who apparently works there and who is apparently not less than 16 years of age; or

(e)leaving it at that person's usual or last known place of residence with a person on the premises who is apparently not less than 16 years of age; or

(f)leaving it at that person's usual or last known place of business with a person who is apparently employed at the premises and who is apparently not less than 16 years of age; or

(g)delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

(h)delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.".

(3)After section 56(4) of the Victorian Inspectorate Act2011 insert—

"(4A)A document that must be served on a body corporate may be served by—

(a)sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or

(b)delivering a copy of the document to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate.

(4B)For the purposes of subsections (3) and (3A), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of that other person.

(4C)For the purposes of subsections (3A)(b) and (h) and (4A)(b), the receipt of a document may be confirmed by any form of electronic communication.".

179Legal representation of witnesses and other persons

After section 58(10) of the Victorian Inspectorate Act 2011 insert—

"(11)For the purposes of this section, the attendance of an Australian legal practitioner for the purposes of representing a witness at an examination includes attendance by the practitioner by means of audio visual link or audio link.".

180Specific provisions relating to witnesses

After section 59(4) of the Victorian Inspectorate Act 2011 insert—

"(5)For the purposes of this section, the following persons may attend or be present at an examination, in the capacity specified in this section, by means of audio visual link or audio link—

(a)an interpreter;

(b)a parent or guardian;

(c)an independent person.".

181New section 67A inserted

After section 67 of the Victorian Inspectorate Act 2011 insert—

67AAct applies equally to attendance in person or by audio visual link or audio link"

(1)For the avoidance of doubt, except as otherwise provided by this Division, a provision of this Act that applies in relation to attendance of a person or any rights of a person or obligations imposed under this Division as a consequence of that attendance—

(a)required under sections 12A(2)(d) and 13(6); or

(b)required under section 47(1)(d), (2)(d), (3)(d), (4)(d), (4A)(d) or (4B)(d); or

(c)required under a witness summons; or

(d)as legal representation at an examination; or

(e)in accordance with section 59—

applies in relation to attendance by audio visual link or audio link in the same way that it applies in relation to attendance in person.

(2)For the avoidance of doubt, except as otherwise provided by this Division, a provision of this Act that applies in relation to the production of documents—

(a)required under sections 12A(2)(d) and 13(6); or

(b)required under section 47(1)(d), (2)(d), (3)(d), (4)(d), (4A)(d) or (4B)(d); or

(c)required under a witness summons—

applies in relation to production of documents by secure electronic means in the same way that it applies in relation to production of documents in person.".

182New section 107 inserted

After section 106 of the Victorian Inspectorate Act 2011 insert—

107Regulations dealing with transitional matters—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021"

(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 amendment of this Act by the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, 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 date that the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 receives the Royal Assent;

(b)be of limited or general application;

(c)differ according to differences in time, place or circumstances;

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

(e)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 made under this section have effect despite anything to the contrary—

(a)in any Act (other than the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 or the Charter of Human Rights and Responsibilities Act 2006); or

(b)in any subordinate instrument.

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

Part 22—Amendment of Fines Reform Act 2014 and related consequential amendments—time served and fines

Division 1—Amendment of Fines Reform Act 2014

183Functions and powers of the Director

After section 5(j) of the Fines Reform Act 2014 insert—

"(ja)to waive the payment of outstanding amounts under a relevant infringement fine that a person who is in custody is subject to in accordance with section 171AD;".

184Definitions

In section 163 of the Fines Reform Act 2014 insert the following definition—

"appropriate action, by the Director, means—

(a)an application to the Magistrates' Court under section 171A on behalf of a person to whom Division 1A applies; or

(b)waiving an outstanding amount under a relevant infringement fine under section 171AD;".

185New Division 1A inserted in Part 14

After Division 1 of Part 14 of the Fines Reform Act 2014 insert—

"Division 1A—Request by person in custody to Director for waiver or to make application to Court

171AAApplication of Division

(1)This Division applies to a person—

(a)who is in custody; and

(b)who is the subject of a relevant infringement fine.

171ABRequest to Director for waiver or to make application for time served order

A person to whom this Division applies may request in writing that the Director take appropriate action so that the person's relevant infringement fines are (as appropriate)—

(a)considered by the Magistrates' Court under Division 2; or

(b)waived by the Director.

171ACAppropriate action—application to the Magistrates' Court by Director

Subject to section 171A(4) and (5), the Director must apply to the Magistrates' Court for an order in accordance with section 171A on behalf of a person who has made a request under section 171AB if any of the following applies to the person—

(a)the person is only in custody because of a fine related sentence;

(b)the outstanding amount under a relevant infringement fine of the person exceeds the term of imprisonment of the person in respect of a non-fine related sentence where one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant infringement fine.

Note

See also section 171AD(2).

171ADDirector must waive payment of relevant infringement fines if section 171AC does not apply

(1)Subject to subsection (2), the Director must waive any outstanding amount of a relevant infringement fine of a person who has made a request under section 171AB unless the Director is required to make an application to the Magistrates' Court under section 171AC on behalf of that person.

(2)For the purposes of subsection (1), the outstanding amount of the relevant infringement fine that may be waived by the Director must not exceed an amount that is equivalent to 24 months in custody where one penalty unit or part of a penalty unit is equivalent to one day in custody.

171AEEffect of waiving payment of outstanding amount of relevant infringement fine

On the Director waiving payment of an outstanding amount of the relevant infringement fine under section 171AD, the person who made a request under section 171AB is taken to have served a term of imprisonment in default of payment of the relevant infringement fine for the purposes of section 32(1A)(b) of the Infringements Act 2006 despite the fact that the term of imprisonment does not relate to the infringement offence that is the subject of the relevant infringement fine.".

186Section 171A substituted

For section 171A of the Fines Reform Act 2014 substitute—

"171A   Application of the Director on behalf of person in custody

(1)Subject to subsection (4), the Director must apply to the Magistrates' Court on behalf of a person to whom section 171AC applies for an order for the person to serve a term of imprisonment in default of payment of the relevant infringement fine in accordance with this section.

(2)If section 171AC(a) applies to a person, the Director must apply to the Magistrates' Court on behalf of the person for an order under section 171C.

(3)If section 171AC(b) applies to a person, the Director must apply to the Magistrates' Court on behalf of the person for—

(a)an order under section 171B; and

(b)an order under 171C in relation to the amount of the relevant infringement fine that will exceed the term of imprisonment of the person in respect of the person's non-fine related sentence in accordance with section 171AC(b).

(4)The Director must not make an application to the Magistrates' Court in accordance with this section on behalf of the person to whom section 171AC applies if the person is no longer in custody at the time the application is made.

(5)An application must not be made in respect of a relevant infringement fine if the time of the alleged commission of the infringement offence is on or after the date that the person to whom the relevant infringement fine relates was taken into custody.".

187Time served orders

In section 171B(1), (2) and (3)(b) of the Fines Reform Act 2014, for "section 171A(2)" substitute "section 171A(3)".

188Orders of Magistrates' Court for any relevant infringement fine or any remaining amount

For section 171C(1) of the Fines Reform Act 2014 substitute—

"(1)This section applies if—

(a)the Director has made an application under section 171A(2) on behalf of a person and the person—

(i)is only in custody because of a fine related sentence; or

(ii)has completed the fine related sentence that the person was serving at the time the Director made the application; or

(b)the Magistrates' Court has made a time served order in respect of a person and—

(i)the term imposed under the time served order exceeds the term of the non-fine related sentence being served by the person; or

(ii)the person has completed the non-fine related sentence and the term imposed under the time served order exceeds the term of the non‑fine related sentence.".

189Contact details of person

In section 171F(1) of the Fines Reform At 2014, for "section 171A(2)" substitute "section 171A(2) or (3)".

190Enforcement and payment report

In section 172(1)(f) of the Fines Reform Act 2014, for "section 171A(2)" substitute "section 171A(2) or (3)".

191New Part 18 inserted

After Part 17 of the Fines Reform Act 2014 insert—

"Part 18—Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021

248Definition

In this Part—

commencement day means the day on which section 191 of the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 comes into operation.

249Requests made to Director before commencement day

If a person has made a request to the Director under section 171A(1) as in force immediately before the commencement day, and the Director has not applied to the Magistrates' Court under section 171A(2) as in force immediately before the commencement day on behalf of the person who made the request, on and from the commencement day—

(a)Division 1A of Part 14 applies in respect of that request; and

(b)the Director may (as appropriate)—

(i)apply to the Magistrates Court on behalf of the person under section 171A; or

(ii)waive the outstanding amount of the relevant infringement fine under section 171AD.

250Applications made under section 171A(2)(a) but not determined

(1)This section applies to an application made by the Director under section 171A(2)(a) as in force immediately before the commencement day if the application—

(a)has not been heard and determined by the Court before the commencement day; or

(b)has not been partly heard by the Court before the commencement day.

(2)If this section applies to an application, on and from the commencement day—

(a)the application is taken to be returned to the Director; and

(b)the Director may take appropriate action in respect of that application as if the application had been a request made under section 171AB.". 

Division 2—Amendment of Infringements Act 2006

192Definitions

In section 3(1) of the Infringements Act 2006 insert the following definitions—

"non-fine related sentence has the same meaning as in the Fines Reform Act 2014;

relevant infringement fine has the same meaning as in section 163 of the Fines Reform Act 2014;".

193Expiating the offence

(1)In section 32(1) of the Infringements Act 2006—

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

(b)after paragraph (b) insert—

"(c)waived by the Director when the Director waives the outstanding amount of a relevant infringement fine under section 171AD of the Fines Reform Act 2014.".

(2)For section 32(1A) of the Infringements Act 2006 substitute—

"(1A)The person on whom the notice was served has (as appropriate)—

(a)subject to subsection (2) and any other Act—

(i)expiated the offence by payment of the infringement penalty and any penalty reminder notice fee; or

(ii)expiated the offence by completion of the work and development permit; or

(b)expiated the offence by being taken to have served a term of imprisonment in default of payment in accordance with section 171AE of the Fines Reform Act 2014 and any additional steps specified in the notice are not required to be complied with by the person.".

(3)In section 32(2) of the Infringements Act 2006, after "involving additional steps" insert "in the circumstances specified in subsection (1A)(a)".

194Effect of expiation

(1)In section 33(1) of the Infringements Act 2006, after "section 32" insert "other than under subsection (1A)(b) of that section".

(2)After section 33(1) of the Infringements Act 2006 insert—

"(1A)Subject to this Act or any other Act, if a person has expiated an offence under section 32(1A)(b)—

(a)no further proceedings may be taken against the person who is the subject of the relevant infringement fine in respect of the offence; and

(b)no conviction is to be taken to have been recorded against that person for the offence that was the subject of the relevant infringement fine; and

(c)the offence in respect of which the person is serving or has served a non-fine related sentence is not affected by this Division.".

(3)After section 33(2) of the Infringements Act 2006 insert—

"(2A)The deemed serving of a term of imprisonment by a person in accordance with section 171AE of the Fines Reform Act 2014 is not and must not be taken to be—

(a)an admission of guilt in relation to the offence the subject of the relevant infringement fine; or

(b)an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence, and the waiving of the outstanding amount of the relevant infringement fine by the Director does not in any way affect or prejudice any such claim or proceeding.".

(4)In section 33(3) of the Infringements Act 2006, after "permit" insert "or the deemed serving of a term of imprisonment".

Part 23—Amendment of Interpretation of Legislation Act 1984 and related consequential amendments

Division 1—Insertion of definitions of audio link and audio visual link

195Definitions

In section 38 of the Interpretation of Legislation Act 1984 insert the following definitions—

"audio link has the meaning given by Part IIA of the Evidence (Miscellaneous Provisions) Act 1958;

audio visual link has the meaning given by Part IIA of the Evidence (Miscellaneous Provisions) Act 1958;".

Division 2—Consequential amendments of other Acts

196Children, Youth and Families Act 2005

(1)In section 490(1)(a) of the Children, Youth and Families Act 2005, for "(by audio or audio visual link within the meaning of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958)" substitute "(by audio link or audio visual link)".

(2)In section 530(5) of the Children, Youth and Families Act 2005 omit "within the meaning of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958".

(3)In section 600H of the Children, Youth and Families Act 2005, in the definition of oral pre-sentence report, omit "within the meaning of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958".

197Essential Services Commission Act 2001

Section 28(4C) of the Essential Services Commission Act 2001 is repealed.

198Independent Broad-based Anti-corruption Commission Act 2011

In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, the definition of audio visual link is repealed.

199Parliamentary Committees Act 2003

In section 3 of the Parliamentary Committees Act 2003, the definitions of audio link and audio visual link are repealed.

200Serious Offenders Act 2018

Section 148(7) of the Serious Offenders Act 2018 is repealed.

201Victoria Police Act 2013

(1)Section 158A(3) of the Victoria Police Act 2013 is repealed.

(2)Section 222(4) of the Victoria Police Act 2013 is repealed.

Part 24—Amendments extending certain provisions relating to COVID-19 pandemic

Division 1—Corrections Act 1986

202Repeal of Part

In section 112V of the Corrections Act 1986, for "2021" substitute "2022".

Division 2—Children, Youth and Families Act 2005

203Application of Part 1.2 principles

(1)In section 600ZB(1) of the Children, Youth and Families Act 2005, for "subsection (2)" substitute "subsections (2) and (2A)".

(2)For section 600ZB(2) of the Children, Youth and Families Act 2005 substitute—

"(2)The principles in Part 1.2 apply to Division 4A of Part 8.5A, except to the extent that Division 4A relates to—

(a)Chapter 5; or

(b)Chapter 7 (in relation to a matter under Chapter 5).

(2A)The principles in Part 1.2 apply to Division 5 of Part 8.5A, except to the extent that Division 5 relates to—

(a)Chapter 5; or

(b)Chapter 7 (in relation to a matter under Chapter 5).".

204Section 600ZC substituted

For section 600ZC of the Children, Youth and Families Act 2005 substitute—

"600ZC   Repeal of this Part

(1)Division 2 of this Part and sections 600P, 600Q, 600R, 600U, 600V, 600W, 600WA, 600X, 600Y and 600Z are repealed on 26 April 2021.

(2)Divisions 3 and 4 of this Part and sections 600S, 600T, 600ZA and 600ZB(2A) are repealed on 26 April 2022.

(3)The remaining provisions of this Part are repealed on 26 April 2023.

Division 3—Local Government Act 2020

205Definitions

In section 393 of the Local Government Act 2020, in the definition of prescribed period, for "2021" substitute "2022".

206Repeal of Part

In section 396 of the Local Government Act 2020, for "2021" substitute "2022".

Division 4—Occupational Health and Safety Act 2004

207Repeal of Part

In section 192 of the Occupational Health and Safety Act 2004, for "26 April" substitute "16 December".

Division 5—Parliamentary Committees Act 2003

208Repeal of Part

In section 55 of the Parliamentary Committees Act 2003, for "2021" substitute "2022".

Part 25—Repeal of this Act

209Repeal of this Act

This Act is repealed on 23 February 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: 18 February 2021

Legislative Council: 4 March 2021

The long title for the Bill for this Act was "A Bill for an Act to amend various courts, integrity entities and justice Acts to provide for the on‑going operation of certain processes and procedures implemented during the COVID-19 pandemic, to amend the Independent Broad-based Anti-corruption Commission Act 2011 to provide for the on‑going operation of certain processes and procedures implemented during the COVID-19 pandemic and to provide for Deputy Commissioners to be examiners, to amend the Fines Reform Act 2014 in relation to time served and fines, to extend the default commencement and repeal dates of the Justice Legislation Amendment (Criminal Appeals) Act 2019, to consequentially amend the Interpretation of Legislation Act 1984, to extend the operation of certain provisions relating to the COVID-19 pandemic in various Acts and for other purposes."