Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010
Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010
table of provisions
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Part 1—Preliminary
1Purposes
2Commencement
Part 2—Victims of Crime
Division 1—Amendments to the Children, Youth and Families Act 2005
3Definitions
4Victim impact statements
5New sections 359A and 359B inserted
359AAlternative arrangements for reading aloud of victim impact statement
359BAlternative arrangements for examination
6Transitional provision
Division 2—Amendments to the Sentencing Act 1991
7Contents of victim impact statement
8Reading aloud of victim impact statement
9New sections 95G and 95H inserted
95GAlternative arrangements for reading aloud of victim impact statement
95HAlternative arrangements for examination
10Transitional provision
142Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and
Other Matters) Act 2010
Division 3—Amendments to the Victims of Crime Assistance Act 1996
11Definitions
12Assistance available to primary victims
13Delegation
14Review of Tribunal decisions
15Section 59A inserted
59AReview of delegated Tribunal decisions
16New section 81 inserted
81Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and
Other Matters) Act 2010
Part 3—Amendments to the Family Violence Protection Act 2008 and Stalking Intervention Orders Act 2008
Division 1—Amendments to Family Violence Protection Act 2008
17Search of person and seizure of objects
18Court may make interim order
19Evidentiary requirements for making interim orders
20Explanation of interim order
21New Division 3A of Part 4 inserted
Division 3A—Assessment reports in proceedings in the Children's Court
73AChildren's Court may order assessment of respondent
or affected family member
73BNotification of requirement to submit assessment
report
73CWarning to be given to persons being interviewed
73DDisputed report
73EContent of assessment report
73FSecretary to forward report to Children's Court
73GAttendance at court of author of assessment report
73HConfidentiality of assessment reports
22Consent orders
23Decision about contact with a child
24Conditions about arrangements for contact with child if not Family Law Act order
25Power of the court to vary or revoke family violence
intervention order
26Court may make interim order on application for variation of family violence intervention order
27Further application for variation etc. in respect of child
28Section 107 substituted
107Interim extension order
29Rehearing of certain proceeding
30Warrants to search premises and vehicles
31Announcement before entry
32Copy of warrant to be given to occupier
33New section 171A inserted
171ARelationship with the Stalking Intervention Orders Act 2008
34Family violence intervention orders prevail over child
protection orders
35Service of family violence intervention orders
36Statute law revision
37New Division 5 of Part 14 inserted
Division 5—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010
224BTransitional provision—Justice Legislation Amendment (Victims of Crime Assistance and
Other Matters) Act 2010
Division 2—Amendments to Stalking Intervention Orders Act 2008
38Warrants to search premises and vehicles
39Announcement before entry
40Copy of warrant to be given to occupier
Part 4—Infringement Notices Served on Children
Division 1—Amendments to the Infringements Act 2006
41Decision to go to Court—lodgeable infringement offences
42New section 40AA inserted in Part 2
40AADecision to go to Court—children
43Payment plans may extend period for bringing proceedings for offence
44New section 211 inserted
211Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and
Other Matters) Act 2010
Division 2—Amendments to the Children, Youth and Families Act 2005
45Time limits for filing a charge-sheet
46New section 617 inserted
617Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and
Other Matters) Act 2010
47New Part 4 inserted in Schedule 3
Part 4—Extension of Time for Commencing Proceeding
17Decision to go to Court
Part 5—Provisions Related to Liquor and Disorderly Conduct
Division 1—Amendments to Liquor Control Reform Act 1998
48Infringement penalty for offence of failing to leave licensed premises
49Period of operation of banning notices
Division 2—Amendments to Summary Offences Act 1966
50Penalty for persons found drunk
51Penalty for persons found drunk and disorderly
52Penalty for disorderly conduct
53Infringement penalties for drunk and disorderly offences
Part 6—Repeal of Amending Act
54Repeal of amending Act
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Endnotes
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561460B.I-23/3/2010BILL LA INTRODUCTION 23/3/2010
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Introduced in the Assembly
Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010
1
561460B.I-23/3/2010BILL LA INTRODUCTION 23/3/2010
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A Bill for an Act to amend the Children, Youth and Families Act 2005, the Family Violence Protection Act 2008, the Infringements Act 2006, the Liquor Control Reform Act 1998, the Sentencing Act 1991, the Stalking Intervention Orders Act 2008, the Summary Offences Act 1966 and the Victims of Crime Assistance Act 1996 and for other purposes.
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561460B.I-23/3/2010BILL LA INTRODUCTION 23/3/2010
ClausePage
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561460B.I-23/3/2010BILL LA INTRODUCTION 23/3/2010
Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010
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561460B.I-23/3/2010BILL LA INTRODUCTION 23/3/2010
Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010
The Parliament of Victoriaenacts:
1
561460B.I-23/3/2010BILL LA INTRODUCTION 23/3/2010
Part 6—Repeal of Amending Act
Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Children, Youth and Families Act 2005 in relation to victim impact statements; and
(b)to amend the Family Violence Protection Act 2008 in relation to proceedings in the Children's Court and to generally improve the operation of the Act; and
(c)to amend the Sentencing Act 1991 in relation to victim impact statements; and
(d)to amend the Victims of Crime Assistance Act 1996 in relation to delegation and awards of assistance; and
(e)to amend the Infringements Act 2006 and the Children, Youth and Families Act 2005 to extend the time for filing a charge-sheet against a child in respect of a summary offence that has been dealt with by infringement notice; and
(f) to make consequential amendments to the Stalking Intervention Orders Act 2008; and
(g)to amend the Liquor Control Reform Act 1998 to extend the period of operation of banning notices and increase infringement penalties for failing to leave licensed premises; and
(h)to amend the Summary Offences Act 1966 to increase penalties and infringement penalties for certain offences relating to drunkenness and disorderly conduct.
2Commencement
s. 2
(1)This Part and Part 4 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 1 January 2011, it comes into operation on that day.
s. 2
______
Part 2—Victims of Crime
Division 1—Amendments to the Children, Youth and Families Act 2005
3Definitions
s. 3
See:
Act No.
96/2005.
Reprint No. 2
as at
19 August 2009
and amending
Act Nos
51/2006, 77/2008, 4/2009, 7/2009, 22/2009, 26/2009, 50/2009, 68/2009, 69/2009 and 6/2010.
LawToday:
www.
legislation.
vic.gov.au
In the definition of victim in section 3(1) of the Children, Youth and Families Act 2005, after "damage" (where first occurring) insert "(including grief, distress, trauma or other significant adverse effect)".
4Victim impact statements
(1)After section 359(4) of the Children, Youth and Families Act 2005 insert—
"(4A) A victim impact statement may include photographs, drawings or poems and other material that relates to the impact of the offence on the victim or to any injury, loss or damage suffered by the victim as a direct result of the offence.".
(2)For section 359(12) of the Children, Youth and Families Act 2005 substitute—
"(12)A person who has made a victim impact statement may request that any part of that victim impact statement—
(a)is read aloud or displayed in the course of the sentencing hearing by—
(i)the person making the request; or
(ii)a person chosen by the person making the request who consents and who is approved by the Court for that purpose; or
(b)is read aloud in the course of the sentencing hearing by the prosecutor.
s. 4
(12A)If a request is made under subsection (12), and the person specified in the request is available to do so during the course of the sentencing hearing, the Court must ensure that any admissible parts of the victim impact statement that are—
(a)identified in the request; and
(b)appropriate and relevant to sentencing—
are read aloud or displayed by the person or persons specified in the request in open court in the course of the sentencing hearing.
(12B)For the purposes of subsection (12A), the Court may direct the person who made the request or the person chosen by that person as to which admissible parts of the victim impact statement are appropriate and relevant to sentencing.".
5New sections 359A and 359B inserted
s. 5
After section 359 of the Children, Youth and Families Act 2005 insert—
"359A Alternative arrangements for reading aloud of victim impact statement
(1)On the application of the person who is to read aloud the victim impact statement at a sentencing hearing, on the application of the prosecutor or on its own motion, the Court may direct that alternative arrangements be made for the reading aloud of a victim impact statement under section 359, including arrangements—
(a)permitting the victim impact statement to be read aloud from a place other than the court room by means of a closed-circuit television or other facilities that enable communication between that place and the court room;
(b)using screens to remove the person reading the victim impact statement from the direct line of vision of the child;
(c)permitting a person, chosen by the person reading the victim impact statement and approved by the Court for this purpose, to be beside the person reading the victim impact statement while it is read aloud, for the purpose of providing emotional support for the person reading the victim impact statement;
(d)permitting only persons specified by the Court to be present while the victim impact statement is read aloud.
(2)The Court may, on the application of the person who is to read aloud the victim impact statement, on the application of the prosecutor or on its own motion, revoke or vary a direction made under subsection (1).
(3)For the purposes of this section, the reading aloud of a victim impact statement includes the display of material included in the victim impact statement.
359BAlternative arrangements for examination
s. 5
(1)On the application of a person who gives evidence under section 359(7) or (9), on the application of the prosecutor or on its own motion, the Court may direct that alternative arrangements be made for the examination and cross-examination of that person, including arrangements—
(a)permitting the person to be examined and cross-examined from a place other than the court room by means of a closed-circuit television or other facilities that enable communication between that place and the court room;
(b)using screens to remove the person from the direct line of vision of the child;
(c)permitting a person, chosen by the person being examined and cross-examined and approved by the Court for this purpose, to be beside the person being examined and cross-examined during the examination and cross-examination, for the purpose of providing emotional support for the person being examined and cross-examined;
(d)permitting only persons specified by the Court to be present while the person is being examined and cross-examined.
(2)The Court may, on the application of a person who gives evidence under section 359(7) or (9), on the application of the prosecutor or on its own motion, revoke or vary a direction made under subsection (1).".
6Transitional provision
s. 6
At the end of section 617 of the Children, Youth and Families Act 2005 insert—
"(2)This Act as amended by sections 3, 4 and 5 of the Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 applies to a sentencing hearing of a child for an offence irrespective of when the offence was committed, provided the sentencing hearing commences after those sections come into operation.".
Note
Section 617 of the Children, Youth and Families Act 2005 is inserted by section 46 of this Act.
Division 2—Amendments to the Sentencing Act 1991
7Contents of victim impact statement
After section 95B(1) of the Sentencing Act 1991 insert—
"(1A)A victim impact statement may include photographs, drawings or poems and other material that relates to the impact of the offence on the victim or to any injury, loss or damage suffered by the victim as a direct result of the offence.".
8Reading aloud of victim impact statement
s. 8
See:
Act No.
49/1991.
Reprint No. 11 as at
15 January 2009
and amending
Act Nos
46/2008, 7/2009, 22/2009, 68/2009, 69/2009, 77/2009, 87/2009, 91/2009 and 93/2009.
LawToday:
www.
legislation.
vic.gov.au
For section 95F(1) of the Sentencing Act 1991 substitute—
"(1) A person who has made a victim impact statement may request that any part of that victim impact statement—
(a)is read aloud or displayed in the course of the sentencing hearing by—
(i)the person making the request; or
(ii)a person chosen by the person making the request who consents and who is approved by the court for that purpose; or
(b)is read aloud in the course of the sentencing hearing by the prosecutor.
(1A)If a request is made under subsection (1) and the person specified in the request is available to do so during the course of the sentencing hearing, the court must ensure that any admissible parts of the victim impact statement that are—
(a)identified in the request; and
(b)appropriate and relevant to sentencing—
are read aloud or displayed by the person or persons specified in the request in open court in the course of the sentencing hearing.
(1B)For the purposes of subsection (1A), the court may direct the person who made the request or the person chosen by that person as to which admissible parts of the victim impact statement are appropriate and relevant to sentencing.".
9New sections 95G and 95H inserted
s. 9
After section 95F of the Sentencing Act 1991 insert—
"95G Alternative arrangements for reading aloud of victim impact statement
(1)On the application of the person who is to read aloud the victim impact statement at a sentencing hearing, on the application of the prosecutor or on its own motion, the court may direct that alternative arrangements be made for the reading aloud of a victim impact statement under section 95F, including arrangements—
(a)permitting the victim impact statement to be read aloud from a place other than the court room by means of a closed-circuit television or other facilities that enable communication between that place and the court room;
(b)using screens to remove the person reading the victim impact statement from the direct line of vision of the offender;
(c)permitting a person, chosen by the person reading the victim impact statement and approved by the court for this purpose, to be beside the person reading the victim impact statement while it is read aloud, for the purpose of providing emotional support to the person reading the victim impact statement;
(d)permitting only persons specified by the court to be present while the victim impact statement is read aloud;
(e)requiring legal practitioners not to robe.
(2)The court may, on the application of the person who is to read aloud the victim impact statement, on the application of the prosecutor or on its own motion, revoke or vary a direction made under subsection (1).
(3)For the purposes of this section, the reading aloud of a victim impact statement includes the display of material included in the victim impact statement.
95HAlternative arrangements for examination
s. 9
(1)On the application of a victim or other person who gives evidence under section 95D or 95E, on the application of the prosecutor or on its own motion, the court may direct that alternative arrangements be made for the examination and cross-examination of that person, including arrangements—
(a)permitting the person to be examined and cross-examined from a place other than the court room by means of a closed-circuit television or other facilities that enable communication between that place and the court room;
(b)using screens to remove the person from the direct line of vision of the offender;
(c)permitting a person, chosen by the person being examined and cross-examined and approved by the court for this purpose, to be beside the person being examined and cross-examined during the examination and cross-examination, for the purpose of providing emotional support for the person being examined and cross-examined;
(d)permitting only persons specified by the court to be present while the person is being examined and cross-examined;
(e)requiring legal practitioners not to robe;
(f)requiring legal practitioners to be seated while examining or cross-examining the person.
(2)The court may, on the application of a person who gives evidence under section 95D or 95E, on the application of the prosecutor or on its own motion, revoke or vary a direction made under subsection (1).".
10Transitional provision
s. 10
At the end of Part 12 of the Sentencing Act 1991 insert—
"142 Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010
This Act as amended by sections 7, 8 and 9 of the Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 applies to a sentencing hearing of a person for an offence irrespective of when the offence was committed, provided the sentencing hearing commences after those sections come into operation.".
Division 3—Amendments to the Victims of Crime Assistance Act 1996
11Definitions
s. 11
See:
Act No.
81/1996.
Reprint No. 4
as at
1 December 2006
and amending
Act Nos
23/2006, 48/2006, 9/2007, 69/2007, 12/2008, 69/2009 and 6/2010.
LawToday:
www.
legislation.
vic.gov.au
In section 3(1) of the Victims of Crime Assistance Act 1996 insert the following definition—
"judicial registrar has the same meaning as in the Magistrates' Court Act 1989;".
12Assistance available to primary victims
(1)In section 8(2)(d) of the Victims of Crime Assistance Act 1996, for "act of violence." substitute "act of violence;".
(2)After section 8(2)(d) of the Victims of Crime Assistance Act 1996, insert—
"(e)for safety-related expenses actually and reasonably incurred, or reasonably likely to be incurred, by the primary victim as a direct result of the act of violence.".
(3)In section 8(4) of the Victims of Crime Assistance Act 1996, for "subsection (2)(d) in the case of clothing" substitute "subsection (2)(d) or (e)".
13Delegation
s. 13
After section 24(2) of the Victims of Crime Assistance Act 1996 insert—
"(3)The Chief Magistrate may, for and on behalf of the Tribunal, by instrument, delegate to a judicial registrar any power conferred on the Tribunal by or under this or any other Act, other than—
(a)the power to review a final decision of the Tribunal;
(b)this power of delegation.".
14Review of Tribunal decisions
After section 59(1) of the Victims of Crime Assistance Act 1996 insert—
"(1A)A person may not apply under subsection (1) for review of a final decision if the final decision was made by a judicial registrar as a delegate of the Tribunal.".