Sentencing Amendment (Emergency Worker Harm) Act 2020 (Vic)
Sentencing Amendment (Emergency Worker Harm) Act 2020
No. 23 of 2020
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Sentencing Act 1991
3Sentencing guidelines
4Custodial sentence for certain offences against emergency workers etc.
5Special reasons relevant to imposing minimum non‑parole periods
5ANew section 116A inserted
6New section 170 inserted
Part 3—Amendment of Criminal Procedure Act 2009
7Indictable offences that may be heard and determined summarily
8New section 456 inserted
Part 4—Amendment of Crimes Act 1958 and Serious Offenders Act 2018
9Punishment of manslaughter
10Causing serious injury intentionally in circumstances of gross violence
11Causing serious injury recklessly in circumstances of gross violence
12Causing serious injury intentionally
13Causing serious injury recklessly
14Causing injury intentionally or recklessly
15Aggravated home invasion
16Aggravated carjacking
17Intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
18Aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
19Serious Offenders Act 2018 amended
Part 5—Repeal of this Act
20Repeal of this Act
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Endnotes
1 General information
Sentencing Amendment (Emergency Worker Harm) Act 2020
No. 23 of 2020
[Assented to 30 June 2020]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Sentencing Act 1991 in relation to sentencing for certain offences committed against emergency workers and others and to require a review of the amendments made by this Act to be undertaken; and
(b)to amend the Criminal Procedure Act 2009 in relation to indictable offences that may be heard and determined summarily; and
(c)to make minor amendments to the Crimes Act 1958 and the Serious Offenders Act 2018.
2Commencement
(1)This Act (except Part 3) comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), Part 3 comes into operation on a day to be proclaimed.
(3)If Part 3 does not come into operation before 1 March 2021, it comes into operation on that day.
Part 2—Amendment of Sentencing Act 1991
3Sentencing guidelines
(1)In section 5(2GA) of the Sentencing Act 1991, after "exists" insert "and having regard to the Parliament's intention set out in section 10A(3)(aa) to (b)".
(2)In section 5(2GB) of the Sentencing Act 1991, for "subsection (2GA)" (where first occurring) substitute "subsection (2GA)(b)".
(3)In section 5(2GC) of the Sentencing Act 1991, for "solely" substitute "substantially".
(4)In section 5(2H)(c)(i) of the Sentencing Act 1991, after "substantially" insert "and materially".
(5)In section 5(2HA) of the Sentencing Act 1991, for "solely" substitute "substantially".
4Custodial sentence for certain offences against emergency workers etc.
(1)In section 10AA(6)(a) of the Sentencing Act 1991, after "1958" insert "and proves on the balance of probabilities that the offender's involvement was minor".
(2)In section 10AA(8) of the Sentencing Act 1991, in the definition of emergency worker—
(a)in paragraph (l)(ii) for "emergency;" substitute "emergency; or";
(b)after paragraph (l) insert—
"(m)any other person or body who—
(i)is employed or engaged in another State or a Territory or by the Commonwealth to perform functions of a similar kind to those referred to in any other paragraph of this definition; and
(ii)is on duty in Victoria;".
(3)After section 10AA(9)(c) of the Sentencing Act 1991 insert—
"(ca)in the case of a person employed or engaged in another State or a Territory or by the Commonwealth to perform functions of a similar kind to an emergency worker, the person is on duty at any time when the person is performing a function or exercising a power as an emergency worker; or".
5Special reasons relevant to imposing minimum non‑parole periods
(1)In section 10A(2)(c)(i) of the Sentencing Act 1991, after "substantially" insert "and materially".
(2)In section 10A(2A) of the Sentencing Act 1991, for "solely" substitute "substantially".
(3)In section 10A(3)(ab) of the Sentencing Act 1991, after "imprisonment" insert "of not less than 6 months".
5ANew section 116A inserted
After section 116 of the Sentencing Act 1991 insert—
"116A Review of amendments made by Sentencing Amendment (Emergency Worker Harm) Act 2020
(1)The Minister must cause a review to be undertaken of the operation and effectiveness of the amendments made by the Sentencing Amendment (Emergency Worker Harm) Act 2020 as soon as practicable after the period of 12 months after the day on which that Act came into operation.
(2)The Minister must cause a report on the outcome of the review to be laid before each House of Parliament as soon as practicable after the review is completed.".
6New section 170 inserted
After section 169 of the Sentencing Act 1991 insert—
"170 Transitional provision—Sentencing Amendment (Emergency Worker Harm) Act 2020
(1)Section 5 as amended by section 3 of the Sentencing Amendment (Emergency Worker Harm) Act 2020 applies to the sentencing of an offender on or after the commencement of section 3 of that Act for an offence, irrespective of when the offence was committed.
(2)Section 10AA(6)(a) as amended by section 4(1) of the Sentencing Amendment (Emergency Worker Harm) Act 2020 applies to a proceeding commenced on or after the commencement of section 4(1) of that Act, irrespective of when the offence was committed.
(3)Section 10A as amended by section 5 of the Sentencing Amendment (Emergency Worker Harm) Act 2020 applies to the sentencing of an offender on or after the commencement of section 5 of that Act for an offence, irrespective of when the offence was committed.".
Part 3—Amendment of Criminal Procedure Act 2009
7Indictable offences that may be heard and determined summarily
In Schedule 2 to the Criminal Procedure Act 2009, after item 4.1 insert—
"4.1AOffences under section 18 of the Crimes Act 1958 (causing injury intentionally or recklessly), except an offence alleged to have been committed against an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty within the meaning of section 10AA of the Sentencing Act 1991.".
8New section 456 inserted
At the end of Chapter 10 of the Criminal Procedure Act 2009 insert—
"456 Transitional provision—Sentencing Amendment (Emergency Worker Harm) Act 2020
Item 4.1A of Schedule 2 as inserted by section 7 of the Sentencing Amendment (Emergency Worker Harm) Act 2020 applies to a criminal proceeding commenced on or after the commencement of section 7 of that Act, irrespective of when the offence is alleged to have been committed.".
Part 4—Amendment of Crimes Act 1958 and Serious Offenders Act 2018
9Punishment of manslaughter
Note 3 at the foot of section 5 of the Crimes Act 1958 is repealed.
10Causing serious injury intentionally in circumstances of gross violence
(1)The note at the foot of section 15A(1) of the Crimes Act 1958 is repealed.
(2)For the notes at the foot of section 15A of the Crimes Act 1958 substitute—
"Notes
1 See section 422(1) for an alternative verdict.
2 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.
3 See section 10 of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 15A(1) and that a non‑parole period of not less than 4 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists.
4 If a victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty, see section 10AA(1) of the Sentencing Act 1991 for the requirement that a non-parole period of not less than 5 years be fixed unless the court finds under section 10A of that Act that a special reason exists.".
11Causing serious injury recklessly in circumstances of gross violence
(1)The note at the foot of section 15B(1) of the Crimes Act 1958 is repealed.
(2)For the notes at the foot of section 15B of the Crimes Act 1958 substitute—
"Notes
1 See section 422(2) for an alternative verdict.
2 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.
3 See section 10 of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 15B(1) and that a non-parole period of not less than 4 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists.
4 If a victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty, see section 10AA(1) of the Sentencing Act 1991 for the requirement that a non-parole period of not less than 5 years be fixed unless the court finds under section 10A of that Act that a special reason exists.".
12Causing serious injury intentionally
For the notes at the foot of section 16 of the Crimes Act 1958 substitute—
"Notes
1 An offence against this section is a category 1 offence under the Sentencing Act 1991 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty and the offender knew or was reckless as to whether the victim was such a person. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.
2 An offence against section 16 (other than a category 1 offence referred to in note 1) is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.
3 See section 10AA(1) of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 16 and that a non-parole period of not less than 3 years be fixed under section 11 of that Act if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty unless the court finds under section 10A of that Act that a special reason exists.
4 See section 10AA(2) and (3) of the Sentencing Act 1991 that allow a youth justice centre order for a term of not less than 3 years to be made in certain circumstances in respect of a young offender for an offence against section 16 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty.".
13Causing serious injury recklessly
For the notes at the foot of section 17 of the Crimes Act 1958 substitute—
"Notes
1 An offence against this section is a category 1 offence under the Sentencing Act 1991 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty and the offender knew or was reckless as to whether the victim was such a person. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.
2 See section 10AA(1) of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 17 and that a non-parole period of not less than 2 years be fixed under section 11 of that Act if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty unless the court finds under section 10A of that Act that a special reason exists.
3 See section 10AA(2) and (3) of the Sentencing Act 1991 that allow a youth justice centre order for a term of not less than 2 years to be made in certain circumstances in respect of a young offender for an offence against section 17 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty.".
14Causing injury intentionally or recklessly
For the notes at the foot of section 18 of the Crimes Act 1958 substitute—
"Notes
1 An offence against this section is a category 1 offence under the Sentencing Act 1991 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty and the offender knew or was reckless as to whether the victim was such a person. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.
2 See section 10AA(4) of the Sentencing Act 1991 for the requirement that a term of imprisonment of not less than 6 months be imposed for an offence against section 18 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty unless the court finds under section 10A of that Act that a special reason exists.
3 See section 10AA(2) and (3) of the Sentencing Act 1991 that allow a youth justice centre order for a term of not less than 6 months to be made in certain circumstances in respect of a young offender for an offence against section 18 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty.".
15Aggravated home invasion
Note 2 at the foot of section 77B of the Crimes Act 1958 is repealed.
16Aggravated carjacking
Note 2 at the foot of section 79A of the Crimes Act 1958 is repealed.
17Intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
(1)The notes at the foot of section 317AC(3) of the Crimes Act 1958 are repealed.
(2)At the foot of section 317AC of the Crimes Act 1958 insert—
"Notes
1 An offence against this section is a category 1 offence under the Sentencing Act 1991 if an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty was injured in the commission of the offence. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.
2 See section 10AE(1) of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 317AC and that a non-parole period of not less than 2 years be fixed under section 11 of that Act if an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty was injured in the commission of the offence unless the court finds under section 10A of that Act that a special reason exists.
3 Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.".
18Aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
For the notes at the foot of section 317AD of the Crimes Act 1958 substitute—
"Notes
1 An offence against this section is a category 1 offence under the Sentencing Act 1991 if an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty was injured in the commission of the offence. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.
2 An offence against this section (other than a category 1 offence referred to in note 1) is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.
3 See section 10AE(1) of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 317AD and that a non-parole period of not less than 2 years be fixed under section 11 of that Act if an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty was injured in the commission of the offence unless the court finds under section 10A of that Act that a special reason exists.
4 Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.".
19Serious Offenders Act 2018 amended
(1)Note 2 at the foot of section 169 of the Serious Offenders Act 2018 is repealed.
(2)In section 284(2)(c) of the Serious Offenders Act 2018, for "form.." substitute "form.".
Part 5—Repeal of this Act
20Repeal of this Act
This Act is repealed on 1 March 2022.
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: 4 March 2020
Legislative Council: 19 March 2020
The long title for the Bill for this Act was "A Bill for an Act to amend the Sentencing Act 1991 in relation to sentencing for certain offences committed against emergency workers and others, to amend the Criminal Procedure Act 2009 in relation to indictable offences that may be heard and determined summarily and to make minor amendments to the Crimes Act 1958 and the Serious Offenders Act 2018 and for other purposes."
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