Untitled document

Justice Legislation Amendment Act 2012

No. 23 of 2012

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Amendments to the Children, Youth and Families Act 2005

3Dispute resolution convenors

Part 3—Amendments to the County Court Act 1958

4Court fees payable by suitors

5Regulations

Part 4—Amendments to the Liquor Control Reform Act 1998

6Amendments to the Liquor Control Reform Act 1998

Part 5—Amendments to the Magistrates' Court Act 1989

7Assessment and Referral Court List

8Eligibility criteria

9Schedule 8 amended

47Transitional provisions—Justice Legislation Amendment Act 2012

Part 6—Amendments to the Victorian Law
Reform Commission Act 2000

10Purpose and outline of Act

11Constitution of the Commission

Part 7—Repeal of Amending Act

12Repeal of amending Act

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Endnotes

Justice Legislation Amendment Act 2012

No. 23 of 2012

[Assented to 8 May 2012]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The main purpose of this Act is to make miscellaneous amendments to the following Acts to improve their operation and for other purposes—

(a)the Children, Youth and Families Act 2005;

(b)the County Court Act 1958;

(c)the Liquor Control Reform Act 1998;

(d)the Magistrates' Court Act 1989;

(e)the Victorian Law Reform Commission Act 2000.

2Commencement

(1)Part 1 comes into operation on the day on which this Act receives the Royal Assent.

(2)Part 4 is taken to have come into operation on 6 February 2012.

(3)Part 3 and Part 6 come into operation on the day after the day on which this Act receives the Royal Assent.

(4)Subject to subsection (5), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(5)If a provision of this Act does not come into operation before 30 June 2012, it comes into operation on that day.

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Part 2—Amendments to the Children, Youth and Families Act 2005

3Dispute resolution convenors

(1)In section 227(1) of the Children, Youth and Families Act 2005, for "The Governor in Council, on the recommendation of the Attorney-General," substitute "The President".

(2)For section 227(3) of the Children, Youth and Families Act 2005 substitute—

"(3)The President must not appoint a person as a convenor unless the President is satisfied that the person is of good character and has appropriate qualifications and experience.".

(3)For section 227(4) of the Children, Youth and Families Act 2005, for "The Governor in Council, on the recommendation of the Attorney-General," substitute "The President".

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Part 3—Amendments to the County Court Act 1958

4Court fees payable by suitors

(1)Insert the following heading to section 28 of the County Court Act 1958—

"Court fees payable".

(2)In section 28(1) of the County Court Act 1958—

(a)for "allowed in the manner next hereinafter mentioned and none other" substitute "prescribed"; and

(b)omit "and a table of such fees shall be put up in some conspicuous place in the court house and in the registrar's or deputy registrar's office".

(3)For section 28(2) of the County Court Act 1958 substitute—

"(2)The regulations may prescribe what amount of fees and in respect of what steps taken, process issued, or duties performed fees shall be taken in the court and lessen or increase the same.".

(4)Section 28(3) of the County Court Act 1958 is repealed.

5Regulations

At the end of section 79A of the County Court Act 1958 insert—

"(2)The Governor in Council may make regulations for or with respect to—

(a)the fees payable in respect of any matter in the Court;

(b)the fees payable in respect of anything done by a bailiff in or in relation to the execution of any warrant or other process;

(c)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(3)A power conferred by subsection (2) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—

(a)specific fees;

(b)maximum fees;

(c)minimum fees;

(d)fees that vary according to value or time or class of matter;

(e)fees by way of a percentage of the amount of a demand;

(f)the manner of payment of fees;

(g)refund or waiver of fees;

(h)the time or times at which fees are to be paid.

(4)For the purposes of this section, it is not necessary for the amount of any fee to be related to the cost of providing the service.".

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Part 4—Amendments to the Liquor Control Reform Act 1998

6Amendments to the Liquor Control Reform Act 1998

(1)For section 78(2)(a) of the Liquor Control Reform Act 1998 substitute—

"(a)be made to the Commission in writing within 21 days after the day on which a copy of the application was given to the Chief Commissioner under section 77(2); and".

(2)In section 148ZT(1)(f) of the Liquor Control Reform Act 1998, for "Director" substitute "Commission".

(3)In clause 17(2) in Schedule 3 to the Liquor Control Reform Act 1998, for "Director" (wherever occurring) substitute "VCGLR".

(4)In clause 17(2)(a) and (d) in Schedule 3 to the Liquor Control Reform Act 1998, for "he or she" substitute "the VCGLR".

(5)After clause 17(3) in Schedule 3 to the Liquor Control Reform Act 1998 insert—

"(4)In this clause, VCGLR has the same meaning as Commission has in section 3(1).".

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Part 5—Amendments to the Magistrates' Court Act 1989

7Assessment and Referral Court List

(1)After section 4S(3) of the Magistrates' Court Act 1989 insert—

"(3A)For the purposes of determining whether an accused meets the eligibility criteria specified in section 4T, the Court, so far as is practicable, must have regard to any assessment undertaken by a person with appropriate clinical qualifications and experience in relation to the particular impairment or principal impairment that the accused may have.".

(2)After section 4S(6) of the Magistrates' Court Act 1989 insert—

"(6A)Without limiting subsection (6), the Chief Magistrate, in exercising the powers under that subsection and having regard to the needs or requirements of persons with different types of impairments, may provide for—

(a)separate hearing lists within the List; and

(b)other arrangements to deal with needs or requirements in relation to different types of impairment.".

(3)After section 4S(8) of the Magistrates' Court Act 1989 insert—

"(9)A report under section 15(3) must include the following information about the Assessment and Referral Court List—

(a)the source of referral of a proceeding to the List;

(b)the number of persons in each diagnostic criteria who were the subject of a criminal proceeding;

(c)the number of persons who were removed from the Assessment and Referral Court List and the reasons for the removal;

(d)the number of persons who did not complete an individual support plan;

(e)the outcomes of proceedings referred to the Assessment and Referral Court List, including—

(i)the number of accused discharged in accordance with section 4U or 4Y;

(ii)the number of referrals to the Assessment and Referral Court List;

(iii)the number of accused accepted onto the Assessment and Referral Court List;

(iv)the number of proceedings finalised on the Assessment and Referral Court List;

(v)the number of proceedings transferred out of the Assessment and Referral Court List in accordance with section 4X(2);

(f)a summary report of how the Assessment and Referral Court List has functioned, including an assessment, if practicable, of the extent to which the Assessment and Referral Court List reduced re-offending.".

8Eligibility criteria

In section 4T(4) of the Magistrates' Court Act 1989, after "support plan" insert "that has regard to the particular diagnostic and functional criteria as well as all other relevant facts applying to the accused and".

9Schedule 8 amended

In Schedule 8 to the Magistrates' Court Act 1989, after clause 46 insert—

47Transitional provisions—Justice Legislation Amendment Act 2012"

This Act as amended by section 7 of the Justice Legislation Amendment Act 2012 applies to any proceeding in the Assessment and Referral Court List, irrespective of whether the offence to which the proceeding relates was alleged to have been committed before, on or after the commencement of that section.".

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Part 6—Amendments to the Victorian Law Reform Commission Act 2000

10Purpose and outline of Act

In section 1(2) of the Victorian Law Reform Commission Act 2000, for "full-time chairperson and full and part-time members" substitute
"full-time or part-time chairperson and full-time and part-time members".

11Constitution of the Commission

In section 7(1)(a) of the Victorian Law Reform Commission Act 2000, for "full-time" substitute "full-time or part-time".

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Part 7—Repeal of Amending Act

12Repeal of amending Act

This Act is repealed on 30 June 2013.

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

Minister's second reading speech—

Legislative Assembly: 1 March 2012

Legislative Council: 19 April 2012

The long title for the Bill for this Act was "A Bill for an Act to make miscellaneous amendments to the Children, Youth and Families Act 2005, the County Court Act 1958, the Liquor Control Reform Act 1998, the Magistrates' Court Act 1989 and the Victorian Law Reform Commission Act 2000 to improve the operation of those Acts and for other purposes."