Untitled document
Crimes Legislation Amendment Act 2016
No. 28 of 2016
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Sentences for certain offences committed against custodial officers on duty
3Custodial sentence for certain offences against emergency workers and custodial officers on duty
4Special reasons relevant to imposing minimum non‑parole periods
5New section 158 inserted
6Legislative notes
Part 3—Assault offences against custodial officers on duty
7Assaults
8Assaulting, etc. emergency workers, custodial officers or local authority staff on duty
Part 4—Use of recorded evidence in criminal proceedings
Division 1—Recorded evidence of complainant given in summary hearing of certain sexual offences
9New Division 7A of Part 8.2 of the Criminal Procedure Act 2009 inserted
10Minor amendment
11Legislative notes
Division 2—Further amendments
12Division 7A of Part 8.2 of the Criminal Procedure Act 2009 amended
Part 5—Regulations under the Crimes Act 1958
13New section 585AAA inserted
Part 6—Repeal of amending Act
14Repeal of amending Act
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Endnotes
1 General information
Crimes Legislation Amendment Act 2016
No. 28 of 2016
[Assented to 31 May 2016]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Sentencing Act 1991 and the Crimes Act 1958 to provide for custodial sentences and minimum terms of imprisonment for certain offences committed against Governors, prison officers, escort officers, police custody officers and persons authorised under the Corrections Act 1986 to exercise certain functions or powers; and
(b)to amend the Crimes Act 1958 and the Summary Offences Act 1966 to expand existing assault offences to include Governors, prison officers, escort officers, police custody officers and persons authorised under the Corrections Act 1986 to exercise certain functions or powers; and
(c)to amend the Criminal Procedure Act 2009 to provide for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court and related proceedings; and
(d)to amend the Crimes Act 1958 to provide further for the making of regulations under that Act; and
(e)to make minor amendments to the Children, Youth and Families Act 2005.
2Commencement
(1)This Part, Division 1 of Part 4 and Parts 5 and 6 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 6 February 2017, it comes into operation on that day.
PART 2—SENTENCES FOR CERTAIN OFFENCES COMMITTED AGAINST CUSTODIAL OFFICERS ON DUTY
3Custodial sentence for certain offences against emergency workers and custodial officers on duty
(1)In the heading to section 10AA of the Sentencing Act 1991, after "emergency workers" insert "and custodial officers".
(2)In section 10AA(1), (2) and (4) of the Sentencing Act 1991, after "emergency worker on duty" insert "or a custodial officer on duty".
(3)In section 10AA(5) of the Sentencing Act 1991—
(a)in paragraph (a), after "emergency worker on duty" insert "or a custodial officer on duty (as the case may be)";
(b)in paragraph (b), after "emergency worker" insert "or a custodial officer (as the case may be)".
(4)In section 10AA(8) of the Sentencing Act 1991 insert the following definition—
"custodial officer means—
(a)a Governor, prison officer or escort officer within the meaning of the Corrections Act 1986; or
(b)a police custody officer within the meaning of the Victoria Police Act 2013; or
(c)a person authorised under section 9A(1) of the Corrections Act 1986 to exercise a function or power of a Governor, a prison officer or an escort officer under that Act; or
(d)a person authorised under section 9A(1A) or (1B) of the Corrections Act 1986 to exercise a function or power referred to in that subsection;".
(5)After section 10AA(9) of the Sentencing Act 1991 insert—
"(10)For the purposes of this section a custodial officer is on duty if—
(a)in the case of a Governor, prison officer or escort officer within the meaning of the Corrections Act 1986, the Governor or officer is exercising a function or power as a Governor, prison officer or escort officer (as the case may be); or
(b)in the case of a police custody officer within the meaning of the Victoria Police Act 2013, the officer is exercising a function or power as a police custody officer; or
(c)in the case of a person authorised under section 9A(1) of the Corrections Act 1986 to exercise a function or power of a Governor, a prison officer or an escort officer under that Act, the person is exercising a function or power specified in the instrument of authorisation; or
(d)in the case of a person authorised under section 9A(1A) or (1B) of the Corrections Act 1986, the person is exercising a function or power specified in the instrument of authorisation.".
4Special reasons relevant to imposing minimum non‑parole periods
In section 10A(2A) of the Sentencing Act 1991, after "emergency worker on duty" insert "or a custodial officer on duty".
5New section 158 inserted
After section 157 of the Sentencing Act 1991 insert—
"158 Transitional provisions—Crimes Legislation Amendment Act 2016
(1)The amendments made to this Act by Part 2 of the Crimes Legislation Amendment Act 2016 apply to the sentencing of an offender for an offence alleged to have been committed on or after the commencement of that Part.
(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of Part 2 of the Crimes Legislation Amendment Act 2016, the offence is alleged to have been committed before that commencement.".
6Legislative notes
(1)In note 2 at the foot of sections 15A and 15B of the Crimes Act 1958, after "emergency worker on duty" insert "or a custodial officer on duty".
(2)In notes 1 and 2 at the foot of section 16 of the Crimes Act 1958, after "emergency worker on duty" insert "or a custodial officer on duty".
(3)In notes 1 and 2 at the foot of section 17 of the Crimes Act 1958, after "emergency worker on duty" insert "or a custodial officer on duty".
(4)In note 1 at the foot of section 18 of the Crimes Act 1958, after "emergency worker on duty" insert "or a custodial officer on duty".
PART 3—ASSAULT OFFENCES AGAINST CUSTODIAL OFFICERS ON DUTY
7Assaults
(1)In section 31(1)(b) of the Crimes Act 1958—
(a)after "obstructs an emergency worker on duty" insert "or a custodial officer on duty";
(b)after "was an emergency worker" insert "or a custodial officer".
(2)In section 31(1)(ba) of the Crimes Act 1958—
(a)after "lawfully assisting an emergency worker on duty" insert "or a custodial officer on duty";
(b)after "was assisting an emergency worker" insert "or a custodial officer".
(3)In section 31(2A) of the Crimes Act 1958 insert the following definition—
"custodial officer on duty and custodial officer have the same meanings as in section 10AA of the Sentencing Act 1991.".
8Assaulting, etc. emergency workers, custodial officers or local authority staff on duty
(1)In the heading to section 51 of the Summary Offences Act 1966, for "workers" substitute "workers, custodial officers".
(2)In section 51(1) of the Summary Offences Act 1966 insert the following definition—
"custodial officer on duty and custodial officer have the same meanings as in section 10AA of the Sentencing Act 1991;".
(3)In section 51(2) and (4) of the Summary Offences Act 1966, after "emergency worker on duty" insert "or a custodial officer on duty".
(4)In section 51(5) of the Summary Offences Act 1966—
(a)after "an emergency worker" (where first occurring) insert ", a custodial officer";
(b)after "an emergency worker" (where secondly occurring) insert "or a custodial officer".
PART 4—USE OF RECORDED EVIDENCE IN CRIMINAL PROCEEDINGS
Division 1—Recorded evidence of complainant given in summary hearing of certain sexual offences
9New Division 7A of Part 8.2 of the Criminal Procedure Act 2009 inserted
After Division 7 of Part 8.2 of the Criminal Procedure Act 2009 insert—
"Division 7A—Admission of recorded evidence of complainant given in summary hearing by Children's Court of certain sexual offences
387AApplication of Division
(1)This Division applies to a criminal proceeding that relates (wholly or partly) to a charge for an offence against any of the following provisions of the Crimes Act 1958—
(a)section 38 (rape);
(b)section 39 (rape by compelling sexual penetration);
(c)section 44(1), (2), (3) or (4) (incest);
(d)section 45 (sexual penetration of child under the age of 16);
(e)section 47A (persistent sexual abuse of child under the age of 16);
(f)section 48(1) (sexual penetration of 16 or 17 year old child).
(2)This Division applies to a complainant in a criminal proceeding referred to in subsection (1).
(3)This Division applies to a recording of the evidence (including cross-examination and re-examination) of a complainant given during a summary hearing by the Children's Court in a criminal proceeding referred to in subsection (1).
387BAdmissibility of recording of complainant's evidence
Division 7 (other than sections 378 and 382) applies to this Division as if—
(a)a reference to a sexual offence were a reference to an offence referred to in section 387A(1); and
(b)a reference to a complainant were a reference to a complainant referred to in section 387A(2); and
(c)a reference to a recording were a reference to a recording referred to in section 387A(3); and
(d)a reference to a trial were a reference to a summary hearing of the charge by the Children's Court.".
10Minor amendment
In the heading to Division 7 of Part 8.2 of the Criminal Procedure Act 2009, for "in sexual offence matters" substitute "given in trial for sexual offences".
11Legislative notes
Insert the following note at the foot of sections 426(1) and 429(1) of the Children, Youth and Families Act 2005—
"Note
Division 7A of Part 8.2 of the Criminal Procedure Act 2009 provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court.".
Division 2—Further amendments
12Division 7A of Part 8.2 of the Criminal Procedure Act 2009 amended
(1)After section 387A(1)(d) of the Criminal Procedure Act 2009 insert—
"(da)section 47(1) (indecent act with child under the age of 16);".
(2)In section 387A(1)(f) of the Criminal Procedure Act 2009, for "child)." substitute "child);".
(3)After section 387A(1)(f) of the Criminal Procedure Act 2009 insert—
"(g)section 49(1) (indecent act with 16 or 17 year old child).".
PART 5—REGULATIONS UNDER THE CRIMES ACT 1958
13New section 585AAA inserted
After section 585 of the Crimes Act 1958 insert—
"585AAA Regulations
(1)The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)The regulations—
(a)may be of general or limited application; and
(b)may differ according to differences in time, place or circumstances.".
PART 6—REPEAL OF AMENDING ACT
14Repeal of amending Act
This Act is repealed on 6 February 2018.
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: 11 February 2016
Legislative Council: 24 March 2016
The long title for the Bill for this Act was "A Bill for an Act to amend the Sentencing Act 1991, the Crimes Act 1958 and the Summary Offences Act 1966 in relation to certain persons performing custodial functions or exercising custodial powers, to amend the Criminal Procedure Act 2009 to provide for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court and related proceedings, to amend the Crimes Act 1958 to provide further for the making of regulations under that Act, to make minor amendments to the Children, Youth and Families Act 2005 and for other purposes."
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