Untitled document

Public Prosecutions (Amendment) Act 2004

Act No. 4/2004

table of provisions

Section  Page

1.Purpose

2.Commencement

3.New section 46 inserted

46. Immunity

4.New section 53 inserted

53. Transitional provision (2003 amendment)

5.Functions of OPP

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Endnotes

Public Prosecutions (Amendment) Act 2004

[Assented to 27 April 2004]

The Parliament of Victoria enacts as follows:

1.Purpose

The main purpose of this Act is to confer an immunity from personal liability in certain circumstances on certain persons performing duties under the Public Prosecutions Act 1994.

2.Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3.New section 46 inserted

In Part 9 of the Public Prosecutions Act 1994, before section 47 insert—

"46.Immunity

(1)This section applies to a person who is or has been (whether before or after the commencement of section 3 of the Public Prosecutions (Amendment) Act 2004)—

(a)the Director;

(b)the Chief Crown Prosecutor;

(c)a Crown Prosecutor;

(d)an Associate Crown Prosecutor;

(e)the Solicitor for Public Prosecutions;

(f)a member of staff employed in the Office of Public Prosecutions in connection with the institution, preparation or conduct of any proceeding or matter on behalf of the Director;

(g)a member of the Committee for Public Prosecutions appointed under section 42(2)(d);

(h)the Director of Public Prosecutions under the Director of Public Prosecutions Act 1982 or a Prosecutor for the Queen holding office before the commencement of section 51(3) of this Act under section 352 of the Crimes Act 1958;

(i)a member of staff referred to in section 51(8) employed in connection with the institution, preparation or conduct of any proceeding or matter on behalf of the Director of Public Prosecutions under the Director of Public Prosecutions Act 1982.

(2)A person to whom this section applies is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

(a)in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or the Director of Public Prosecutions Act 1982; or

(b)in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or the Director of Public Prosecutions Act 1982.

(3)Any liability resulting from an act or omission that, but for sub-section (2), would attach to a person to whom this section applies attaches instead to the State.".

4.New section 53 inserted

After section 52 of the Public Prosecutions Act 1994 insert—

"53.Transitional provision (2004 amendment)

Section 46, as inserted by section 3 of the Public Prosecutions (Amendment) Act 2004—

(a)applies to causes of action irrespective of whether the act or omission alleged to have resulted in the liability occurred before or after the commencement of that Act; but

(b)does not affect the rights of the parties—

(i)in the proceeding known as Cannon v Tahche (No. 6041 of 1997) in the Supreme Court of Victoria; or

(ii)in any other proceeding commenced before the commencement of that Act.".

5.Functions of OPP

In section 41(1)(a)(i) of the Public Prosecutions Act 1994, omit "paragraph (a) or (b) of".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 27 November 2003

Legislative Council: 31 March 2004

The long title for the Bill for this Act was "to amend the Public Prosecutions Act 1994 to confer an immunity from personal liability in certain circumstances on certain persons performing duties under that Act and for other purposes."