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PARLIAMENT OF VICTORIA
Justice Legislation Amendment (Family Violence
and Other Matters) Bill 2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF THE FAMILY VIOLENCE
PROTECTION ACT 2008 3
3 Commencement 3
4 Family violence safety notice taken to be application for
family violence intervention order 3
5 Contravention of family violence safety notice 3
6 New section 37A inserted 4
37A Contravention of notice intending to cause harm or
fear for safety 4
7 Arrest for contravention of family violence safety notice 5
8 Offence for contravention of family violence intervention
order 5
9 New section 123A inserted 6
123A Contravention of order intending to cause harm or
fear for safety 6
10 Arrest for contravention of family violence intervention order 8
11 New Division 11 of Part 4 inserted 8
Division 11--Persistent contravention of notices and orders 8
125A Persistent contravention of notices and orders 8
12 Abettors 10
13 Section 126 substituted 10
126 Definitions 10
14 Object of Part 11
15 Application of Part 11
16 Order to assess eligibility for counselling 11
17 Order to attend counselling 11
18 Notice of hearings 11
19 Approval of persons and of counselling 12
20 Person giving report may be required to attend hearing 12
571317B.I-14/11/2012 i BILL LA INTRODUCTION 14/11/2012
Clause Page
21 Disputed report 12
22 Explanation of counselling orders 12
23 Variation or revocation of counselling orders 13
24 Service of counselling orders, eligibility report etc. 13
25 Certificate of respondent's non attendance 13
26 Confidentiality of eligibility interview and report 13
27 Confidentiality of counselling 13
28 Limited use of information by court 14
29 New Division 7 of Part 14 inserted 14
Division 7--Justice Legislation (Family Violence and
Other Matters) Act 2012 14
224D Transitional provisions--Justice Legislation
(Family Violence and Other Matters) Act 2012 14
30 Repeal of Part 15 15
31 Consequential amendments 15
PART 3--AMENDMENT OF THE CRIMES ACT 1958 16
32 New section 319AA inserted 16
319AA Dangerous or negligent driving while pursued by
police 16
33 Consequential amendments 17
PART 4--AMENDMENT OF THE CRIMES (ASSUMED
IDENTITIES) ACT 2004 18
34 Purpose 18
35 Definitions 18
36 Application for authority to acquire or use assumed identity 19
37 Determination of applications 19
38 Disclosing information about assumed identity 20
PART 5--AMENDMENT OF THE CORONERS ACT 2008
AND THE HUMAN TISSUE ACT 1982 21
39 New section 29A inserted in the Coroners Act 2008 21
29A Principal registrar to provide certain information to
VIFM 21
40 Amendment of the Human Tissue Act 1982 22
PART 6--AMENDMENT OF THE VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998 23
41 Deputy Presidents 23
42 Senior members 23
43 Ordinary members 24
44 Appointment of members 24
571317B.I-14/11/2012 ii BILL LA INTRODUCTION 14/11/2012
Clause Page
45 New section 165 inserted 25
165 Transitional--Justice Legislation Amendment
(Family Violence and Other Matters) Act 2012 25
46 Statute law revision 26
67A Support person 26
PART 7--REPEAL OF AMENDING ACT 27
47 Repeal of amending Act 27
ENDNOTES 28
571317B.I-14/11/2012 iii BILL LA INTRODUCTION 14/11/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Justice Legislation Amendment (Family
Violence and Other Matters) Bill 2012
A Bill for an Act to amend the Family Violence Protection Act 2008,
the Crimes Act 1958, the Crimes (Assumed Identities) Act 2004,
the Coroners Act 2008, the Human Tissue Act 1982 and the
Victorian Civil and Administrative Tribunal Act 1998 and for
other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Family Violence Protection
5 Act 2008--
(i) to insert new indictable offences in
relation to contraventions of family
violence safety notices and family
violence intervention orders; and
571317B.I-14/11/2012 1 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 1--Preliminary
s. 2
(ii) to extend the operation of family
violence safety notices; and
(iii) to expand the number of court venues
which may make counselling orders
5 under Part 5 of that Act; and
(iv) to remove the sunset provisions for
Part 5 of that Act; and
(b) to amend the Crimes Act 1958 to create an
offence relating to police pursuits; and
10 (c) to amend the Crimes (Assumed Identities)
Act 2004 to enable its application to those
involved in the Victorian witness protection
program; and
(d) to amend the Coroners Act 2008 and the
15 Human Tissue Act 1982 in relation to the
provision of certain information to the
Victorian Institute of Forensic Medicine in
order to facilitate the process of tissue
donation; and
20 (e) to amend the Victorian Civil and
Administrative Tribunal Act 1998 in
relation to appointments and oaths and
affirmations; and
(f) to make consequential amendments; and
25 (g) to make minor amendments of a statute law
revision nature.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
30 (2) If a provision of this Act does not come into
operation before 1 July 2013, it comes into
operation on that day.
__________________
571317B.I-14/11/2012 2 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 3
PART 2--AMENDMENT OF THE FAMILY VIOLENCE
PROTECTION ACT 2008
3 Commencement
Section 3(1A) of the Family Violence Protection See:
Act No.
5 Act 2008 is repealed. 52/2008.
Reprint No. 1
as at
1 January
2011
and
amending
Act Nos
53/2010,
16/2011,
29/2011,
48/2011 and
65/2011.
LawToday:
www.
legislation.
vic.gov.au
4 Family violence safety notice taken to be application
for family violence intervention order
In section 31(3) of the Family Violence
Protection Act 2008, for "72" (wherever
10 occurring) substitute "120".
5 Contravention of family violence safety notice
After section 37(2) of the Family Violence
Protection Act 2008 insert--
"(2A) It is immaterial that some or all of the course
15 of conduct constituting an offence against
subsection (2) occurred outside Victoria, so
long as the protected person was in Victoria
at the time at which that conduct occurred.
(2B) It is immaterial that the protected person was
20 outside Victoria at the time at which some or
all of the course of conduct constituting an
offence against subsection (2) occurred, so
long as that conduct occurred in Victoria.".
571317B.I-14/11/2012 3 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 6
6 New section 37A inserted
After section 37 of the Family Violence
Protection Act 2008 insert--
"37A Contravention of notice intending to cause
5 harm or fear for safety
(1) In this section--
mental harm includes--
(a) psychological harm; and
(b) suicidal thoughts.
10 (2) A person who--
(a) has been served with a family violence
safety notice; and
(b) has had an explanation of the notice
given to him or her in accordance with
15 section 35--
must not contravene the notice intending to
cause, or knowing that his or her conduct
will probably cause--
(c) physical or mental harm to the
20 protected person, including self-harm;
or
(d) apprehension or fear in the protected
person for his or her own safety or that
of any other person.
25 Penalty: Level 6 imprisonment (5 years
maximum) or a level 6 fine
(600 penalty units maximum) or
both.
(3) It is immaterial that some or all of the course
30 of conduct constituting an offence against
subsection (2) occurred outside Victoria, so
long as the protected person was in Victoria
at the time at which that conduct occurred.
571317B.I-14/11/2012 4 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 7
(4) It is immaterial that the protected person was
outside Victoria at the time at which some or
all of the course of conduct constituting an
offence against subsection (2) occurred, so
5 long as that conduct occurred in Victoria.
(5) In a proceeding for an offence against
subsection (2), it is a defence to the charge
for the accused person to prove that--
(a) the accused person was the respondent
10 under the family violence safety notice;
and
(b) a family violence intervention order in
relation to the same protected person
and respondent was also in force at the
15 time the offence was alleged to have
been committed; and
(c) the accused person's conduct was not in
contravention of the family violence
intervention order.".
20 7 Arrest for contravention of family violence safety
notice
At the foot of section 38 of the Family Violence
Protection Act 2008 insert--
"Note
25 Section 459(1) of the Crimes Act 1958 provides for
apprehension without warrant of a person reasonably
believed to have committed an indictable offence.".
8 Offence for contravention of family violence
intervention order
30 (1) For the heading to section 123 of the Family
Violence Protection Act 2008 substitute--
"Contravention of family violence intervention
order".
571317B.I-14/11/2012 5 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 9
(2) After section 123(2) of the Family Violence
Protection Act 2008 insert--
"(2A) It is immaterial that some or all of the course
of conduct constituting an offence against
5 subsection (2) occurred outside Victoria, so
long as the protected person was in Victoria
at the time at which that conduct occurred.
(2B) It is immaterial that the protected person was
outside Victoria at the time at which some or
10 all of the course of conduct constituting an
offence against subsection (2) occurred, so
long as that conduct occurred in Victoria.".
9 New section 123A inserted
After section 123 of the Family Violence
15 Protection Act 2008 insert--
"123A Contravention of order intending to cause
harm or fear for safety
(1) In this section--
mental harm includes--
20 (a) psychological harm; and
(b) suicidal thoughts.
(2) A person against whom a family violence
intervention order has been made and who--
(a) has been served with a copy of the
25 order; or
(b) has had an explanation of the order
given to him or her in accordance with
section 57 or 96--
must not contravene the order intending to
30 cause, or knowing that his or her conduct
will probably cause--
571317B.I-14/11/2012 6 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 9
(c) physical or mental harm to the
protected person, including self-harm;
or
(d) apprehension or fear in the protected
5 person for his or her own safety or that
of any other person.
Penalty: Level 6 imprisonment (5 years
maximum) or a level 6 fine
(600 penalty units maximum) or
10 both.
(3) It is immaterial that some or all of the course
of conduct constituting an offence against
subsection (2) occurred outside Victoria, so
long as the protected person was in Victoria
15 at the time at which that conduct occurred.
(4) It is immaterial that the protected person was
outside Victoria at the time at which some or
all of the course of conduct constituting an
offence against subsection (2) occurred, so
20 long as that conduct occurred in Victoria.
(5) In a proceeding for an offence against
subsection (2), it is a defence to the charge
for the accused to prove that--
(a) the accused was the respondent under
25 the family violence intervention order;
and
(b) a family violence safety notice in
relation to the same protected person
and respondent was also in force at the
30 time the offence was alleged to have
been committed; and
(c) the accused's conduct was not in
contravention of the family violence
safety notice.".
571317B.I-14/11/2012 7 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 10
10 Arrest for contravention of family violence
intervention order
At the foot of section 124 of the Family Violence
Protection Act 2008 insert--
5 "Note
Section 459(1) of the Crimes Act 1958 provides for
apprehension without warrant of a person reasonably
believed to have committed an indictable offence.".
11 New Division 11 of Part 4 inserted
10 After Division 10 of Part 4 of the Family
Violence Protection Act 2008 insert--
"Division 11--Persistent contravention of
notices and orders
125A Persistent contravention of notices and
15 orders
(1) A person must not persistently contravene a
family violence safety notice or a family
violence intervention order.
Penalty: Level 6 imprisonment (5 years
20 maximum) or a level 6 fine
(600 penalty units maximum) or
both.
(2) To prove an offence against subsection (1) it
is necessary to prove that--
25 (a) the accused engaged in conduct that
would constitute an offence against
section 37 or 123; and
(b) on at least 2 other occasions within a
period of 28 days immediately
30 preceding the conduct referred to in
paragraph (a), the accused engaged in
conduct that would constitute an
offence against section 37 or 123 in
relation to--
571317B.I-14/11/2012 8 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 11
(i) the same protected person; or
(ii) the same family violence safety
notice or family violence
intervention order (whether an
5 interim order or a final order),
whether or not in relation to the
same protected person; or
(iii) a family violence safety notice
and a family violence intervention
10 order (whether an interim order or
a final order) made on the family
violence safety notice as an
application, whether or not in
relation to the same protected
15 person; and
(c) on each of the occasions referred to in
paragraphs (a) and (b) the accused
knew or ought to have known that the
conduct constituted a contravention of
20 the family violence safety notice or
family violence intervention order (as
the case requires).
(3) In a proceeding for an offence against
subsection (1), a defence available under
25 section 37(3) or 123(3) is a defence to an
allegation that the accused engaged in
conduct that would constitute an offence
against section 37 or 123 (as the case
requires).
30 (4) If on the trial of a person charged with an
offence against subsection (1) the jury are
not satisfied that he or she is guilty of the
offence charged but are satisfied that the
accused engaged in conduct during that
35 period which constitutes an offence against
section 37 or 123, the jury must acquit the
accused of the offence charged but may find
571317B.I-14/11/2012 9 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 12
him or her guilty of that other offence and he
or she is liable to punishment accordingly.
(5) A person who is convicted or acquitted of an
offence against subsection (1) shall not in
5 respect of the circumstances concerned or
the relevant period of 28 days subsequently
be prosecuted for an offence against
section 37, 37A, 123 or 123A.".
12 Abettors
10 (1) For the heading to section 125 of the Family
Violence Protection Act 2008 substitute--
"Protected person not guilty as abettor".
(2) In section 125 of the Family Violence Protection
Act 2008, after "purposes of" insert "section 323
15 of the Crimes Act 1958 and".
13 Section 126 substituted
For section 126 of the Family Violence
Protection Act 2008 substitute--
"126 Definitions
20 In this Part--
legal practitioner means an Australian legal
practitioner within the meaning of the
Legal Profession Act 2004;
relevant court means--
25 (a) the Family Violence Court
Division; or
(b) the Magistrates' Court sitting at a
venue of the Court specified by
the Minister by notice published
30 in the Government Gazette.".
571317B.I-14/11/2012 10 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 14
14 Object of Part
In section 127(a) of the Family Violence
Protection Act 2008, for "the Family Violence
Court Division" substitute "a relevant court".
5 15 Application of Part
In section 128 of the Family Violence Protection
Act 2008, for "the Family Violence Court
Division" substitute "a relevant court".
16 Order to assess eligibility for counselling
10 (1) In section 129(1), (2) and (4) of the Family
Violence Protection Act 2008, for "the Family
Violence Court Division" substitute "a relevant
court".
(2) In section 129(1)(a) and (2)(b) of the Family
15 Violence Protection Act 2008, for "the Division"
substitute "the relevant court".
17 Order to attend counselling
In section 130(1), (2) and (3)(a) of the Family
Violence Protection Act 2008, for "the Family
20 Violence Court Division" substitute "a relevant
court".
18 Notice of hearings
(1) In section 132(1) and (3) of the Family Violence
Protection Act 2008, for "the Family Violence
25 Court Division" substitute "a relevant court".
(2) In section 132(2) of the Family Violence
Protection Act 2008, for "The Family Violence
Court Division" substitute "A relevant court".
(3) In section 132(3) of the Family Violence
30 Protection Act 2008, for "the Division"
substitute "the court".
571317B.I-14/11/2012 11 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 19
19 Approval of persons and of counselling
In section 133(3) of the Family Violence
Protection Act 2008, for "the Family Violence
Court Division" substitute "a relevant court".
5 20 Person giving report may be required to attend
hearing
In section 134(1) of the Family Violence
Protection Act 2008--
(a) for "the Family Violence Court Division"
10 substitute "a relevant court"; and
(b) for "the Division" substitute "the court".
21 Disputed report
(1) In section 135(1) of the Family Violence
Protection Act 2008--
15 (a) for "the Family Violence Court Division"
substitute "a relevant court"; and
(b) for "the Division" substitute "the court".
(2) In section 135(2) of the Family Violence
Protection Act 2008--
20 (a) for "the Family Violence Court Division"
substitute "a relevant court"; and
(b) for "the Division" (wherever occurring)
substitute "the court".
22 Explanation of counselling orders
25 In section 136 of the Family Violence Protection
Act 2008--
(a) for "the Family Violence Court Division"
substitute "a relevant court"; and
(b) for "the Division" substitute "the court".
571317B.I-14/11/2012 12 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 23
23 Variation or revocation of counselling orders
(1) In section 137(1) and (2) of the Family Violence
Protection Act 2008, for "The Family Violence
Court Division" substitute "A relevant court".
5 (2) In section 137(2)(b) of the Family Violence
Protection Act 2008, for "Division" substitute
"court".
(3) In section 137(3) of the Family Violence
Protection Act 2008, for "the court" substitute
10 "the relevant court".
24 Service of counselling orders, eligibility report etc.
(1) In section 138(1) and (2) of the Family Violence
Protection Act 2008, for "the Family Violence
Court Division" substitute "a relevant court".
15 (2) In section 138(1)(a) and (c)(i) of the Family
Violence Protection Act 2008, for "Division"
substitute "court".
25 Certificate of respondent's non attendance
In section 139(2) of the Family Violence
20 Protection Act 2008, for "the Family Violence
Court Division" substitute "a relevant court".
26 Confidentiality of eligibility interview and report
In section 140(3)(c) of the Family Violence
Protection Act 2008, for "the Family Violence
25 Court Division" substitute "a relevant court".
27 Confidentiality of counselling
In section 141(2)(c) of the Family Violence
Protection Act 2008, for "the Family Violence
Court Division" substitute "a relevant court".
571317B.I-14/11/2012 13 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 28
28 Limited use of information by court
In section 142 of the Family Violence Protection
Act 2008--
(a) for "the Family Violence Court Division"
5 substitute "a relevant court"; and
(b) for "the Division" substitute "the relevant
court".
29 New Division 7 of Part 14 inserted
After Division 6 of Part 14 of the Family
10 Violence Protection Act 2008 insert--
"Division 7--Justice Legislation (Family
Violence and Other Matters) Act 2012
224D Transitional provisions--Justice
Legislation (Family Violence and Other
15 Matters) Act 2012
(1) Part 5 as amended by Part 2 of the Justice
Legislation (Family Violence and Other
Matters) Act 2012 applies to an application
for a family violence intervention order
20 made to a venue of the Magistrates' Court
after the date on which the notice specifying
that venue of the Court for the purposes of
the definition of relevant court in
section 126 is published in the Government
25 Gazette.
(2) Section 31(3) as amended by section 4 of the
Justice Legislation (Family Violence and
Other Matters) Act 2012 applies to a family
violence safety notice issued on or after the
30 commencement of section 4 of that Act.
(3) Section 37A as inserted by section 6 of the
Justice Legislation (Family Violence and
Other Matters) Act 2012 applies to a
contravention of a family violence safety
571317B.I-14/11/2012 14 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 2--Amendment of the Family Violence Protection Act 2008
s. 30
notice that occurs on or after the
commencement of section 6 of that Act,
irrespective of when the family violence
safety notice was issued.
5 (4) Section 123A as inserted by section 9 of the
Justice Legislation (Family Violence and
Other Matters) Act 2012 applies to a
contravention of a family violence
intervention order that occurs on or after the
10 commencement of section 9 of that Act,
irrespective of when the family violence
intervention order was made.
(5) Section 125A as inserted by section 11 of the
Justice Legislation (Family Violence and
15 Other Matters) Act 2012 applies to
contraventions of a family violence safety
notice or a family violence intervention order
that occur on or after the commencement of
section 11 of that Act, irrespective of when
20 the family violence safety notice or family
violence intervention order was made.".
30 Repeal of Part 15
Part 15 of the Family Violence Protection Act
2008 is repealed.
25 31 Consequential amendments
(1) In section 4(4)(ba) of the Bail Act 1977, for
"37 or 123" substitute "37, 37A, 123, 123A
or 125A".
(2) In the First Schedule to the Police Regulation Act
30 1958, in item 3.3, for "37 or 123" substitute
"37, 37A, 123, 123A or 125A".
__________________
571317B.I-14/11/2012 15 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 3--Amendment of the Crimes Act 1958
s. 32
PART 3--AMENDMENT OF THE CRIMES ACT 1958
32 New section 319AA inserted
See: After section 319 of the Crimes Act 1958
Act No.
6231. insert--
Reprint No. 23
5 as at "319AA Dangerous or negligent driving while
1 April 2012
and
pursued by police
amending
Act Nos (1) A person must not drive a motor vehicle
16/2004, dangerously or negligently if he or she
49/2010,
65/2010, knows, or ought reasonably to know, that--
27/2011,
10 43/2012 and (a) he or she has been given a direction to
48/2012. stop the vehicle by a member of the
LawToday:
www. police force; and
legislation.
vic.gov.au (b) a member of the police force is
pursuing the vehicle.
15 Penalty: 3 years imprisonment.
(2) For the purposes of subsection (1)--
(a) a person drives a motor vehicle
dangerously if he or she drives the
vehicle at a speed or in a manner that is
20 dangerous to the public having regard
to all the circumstances of the case; and
(b) a person drives a motor vehicle
negligently if he or she fails
unjustifiably and to a gross degree to
25 observe the standard of care which a
reasonable person would have observed
in all the circumstances of the case; and
(c) a member of the police force may be
pursuing a motor vehicle even if not
30 travelling at the same speed as the
vehicle; and
(d) it is irrelevant that the police pursuit is
suspended or terminated before the
motor vehicle being pursued stops.
571317B.I-14/11/2012 16 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 3--Amendment of the Crimes Act 1958
s. 33
(3) In this section--
direction to stop has the same meaning as it
has in section 64A(5) of the Road
Safety Act 1986;
5 motor vehicle does not include a vessel.".
33 Consequential amendments
(1) After section 89(1) of the Sentencing Act 1991
insert--
"(1AA) If a person is found guilty of an offence
10 under section 319AA of the Crimes Act
1958, the court must--
(a) if the offender holds a driver licence or
learner permit, cancel the licence or
permit; and
15 (b) whether or not the offender holds a
driver licence or learner permit,
disqualify the offender from obtaining
one for any time that the court thinks
fit, being not less than 12 months.".
20 (2) In section 89(1A) of the Sentencing Act 1991,
after "subsection (1)" insert "or (1AA)".
(3) In section 89(2) of the Sentencing Act 1991--
(a) after "driver licence" insert "or learner
permit (as the case requires)"; and
25 (b) after "subsection (1)" insert "or (1AA)".
(4) In section 84C(1) of the Road Safety Act 1986, in
the definition of tier 1 relevant offence, after
paragraph (f) insert--
"(g) an offence against section 319AA(1) of the
30 Crimes Act 1958;".
__________________
571317B.I-14/11/2012 17 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 4--Amendment of the Crimes (Assumed Identities) Act 2004
s. 34
PART 4--AMENDMENT OF THE CRIMES (ASSUMED
IDENTITIES) ACT 2004
34 Purpose
See: (1) For the heading to section 1 of the Crimes
Act No.
5 15/2004. (Assumed Identities) Act 2004 substitute
Reprint No. 1 "Purposes".
as at
1 July 2006
and
(2) For section 1(1) of the Crimes (Assumed
amending Identities) Act 2004 substitute--
Act No.
34/2008. "(1) The main purposes of this Act are--
LawToday:
10 www.
legislation.
(a) to facilitate, for law enforcement or
vic.gov.au security purposes, investigations,
intelligence gathering and other related
activities, including activities extending
beyond Victoria; and
15 (b) to enable the safe and effective exercise
of functions in administering the
Victorian witness protection program.".
(3) In section 1(2) of the Crimes (Assumed
Identities) Act 2004, for "that purpose is"
20 substitute "those purposes are".
35 Definitions
In section 3 of the Crimes (Assumed Identities)
Act 2004--
(a) in the definition of Victoria Police, for
25 "1958." substitute "1958;";
(b) insert the following definition--
"Victorian witness protection program has
the same meaning as it has in the
Witness Protection Act 1991.".
571317B.I-14/11/2012 18 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 4--Amendment of the Crimes (Assumed Identities) Act 2004
s. 36
36 Application for authority to acquire or use assumed
identity
For section 4(3)(b)(vi) of the Crimes (Assumed
Identities) Act 2004 substitute--
5 "(vi) if the assumed identity is to be used in an
investigation or for intelligence-gathering,
details of the investigation or intelligence-
gathering exercise (to the extent known); and
(via) if the assumed identity is to be used to ensure
10 the effective and safe exercise of functions in
administering the Victorian witness
protection program, details of the functions
concerned; and".
37 Determination of applications
15 For section 5(2)(a) of the Crimes (Assumed
Identities) Act 2004 substitute--
"(a) that the assumed identity is necessary for the
purposes of--
(i) an investigation or intelligence-
20 gathering in relation to criminal
activity; or
(ii) enabling members of Victoria Police to
exercise their functions in
administering the Victorian witness
25 protection program and ensuring their
safety while doing so; and
(ab) in relation to an application for an assumed
identity that is to be used to ensure the
effective and safe exercise of functions in
30 administering the Victorian witness
protection program, that the person to be
authorised is--
(i) a member of Victoria Police; or
571317B.I-14/11/2012 19 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 4--Amendment of the Crimes (Assumed Identities) Act 2004
s. 38
(ii) a person employed under Part 3 of the
Public Administration Act 2004 in the
office of the Chief Commissioner;
and".
5 38 Disclosing information about assumed identity
(1) For section 30(2)(a) of the Crimes (Assumed
Identities) Act 2004 substitute--
"(a) intends to--
(i) endanger the health or safety of any
10 person; or
(ii) prejudice the effective conduct of an
investigation or intelligence-gathering
in relation to criminal activity; or
(iii) prejudice the implementation of the
15 Victorian witness protection program;
or".
(2) In section 30(2)(b)(ii) of the Crimes (Assumed
Identities) Act 2004, for "intelligence-gathering."
substitute "intelligence-gathering in relation to
20 criminal activity; or".
(3) After section 30(2)(b)(ii) of the Crimes
(Assumed Identities) Act 2004 insert--
"(iii) prejudices or will prejudice the
implementation of the Victorian witness
25 protection program.".
__________________
571317B.I-14/11/2012 20 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 5--Amendment of the Coroners Act 2008 and the Human Tissue Act
s. 39
1982
PART 5--AMENDMENT OF THE CORONERS ACT 2008 AND
THE HUMAN TISSUE ACT 1982
39 New section 29A inserted in the Coroners Act 2008
After section 29 of the Coroners Act 2008 See:
Act No.
5 insert-- 77/2008.
Reprint No. 1
"29A Principal registrar to provide certain as at
21 July 2011
information to VIFM and
amending
Unless a coroner directs otherwise, for the Act No.
performance of its functions under section 52/2012.
LawToday:
10 66(4)(b) of the Victorian Institute of www.
Forensic Medicine Act 1985, the principal legislation.
vic.gov.au
registrar must provide to the Institute without
delay the following information in relation to
a death that is reported to a coroner--
15 (a) a copy of the initial police report of the
death, if any, that is received by a
coroner; and
(b) if not included in the initial police
report of the death, the name and
20 contact details of the next of kin (within
the meaning of the Human Tissue Act
1982) of the deceased that are provided
to the Coroners Court within 24 hours
after the death is reported to a coroner.
25 Note
Section 66(4)(b) of the Victorian Institute of
Forensic Medicine Act 1985 provides that one of the
functions of the Institute is to remove tissue, or
receive tissue taken, in accordance with the Human
30 Tissue Act 1982 from deceased persons in Victoria
(whether or not a coroner has jurisdiction to
investigate the deaths) and to process, store and
supply the tissue for transplantation to living persons
in Victoria or elsewhere or for use, in Victoria or
35 elsewhere, for other therapeutic purposes or for
medical or scientific purposes.
571317B.I-14/11/2012 21 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 5--Amendment of the Coroners Act 2008 and the Human Tissue Act
s. 40
1982
Part IV of the Human Tissue Act 1982 provides for
tissue donation after death. Section 27 of that Act
provides specifically for deaths for which a coroner
has or may have jurisdiction under this Act.".
5 40 Amendment of the Human Tissue Act 1982
See: After section 45(5)(c) of the Human Tissue Act
Act No.
9860. 1982 insert--
Reprint No. 4
as at "(ca) the principal registrar appointed under
20 May 2010
and
section 97 of the Coroners Act 2008 in the
10 amending provision of information under section 29A
Act No.
13/2010.
of that Act;".
LawToday:
www.
legislation.
vic.gov.au
__________________
571317B.I-14/11/2012 22 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 6--Amendment of the Victorian Civil and Administrative Tribunal Act
s. 41
1998
PART 6--AMENDMENT OF THE VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998
41 Deputy Presidents
For section 12(3) of the Victorian Civil and See:
Act No.
5 Administrative Tribunal Act 1998 substitute-- 53/1998.
Reprint No. 7
"(3) Subject to this Act, a Deputy President holds as at
1 January
office for a term that expires on whichever of 2011
the following occurs first-- and
amending
(a) the date that is 7 years after the date of Act Nos
11/2010,
10 appointment; 16/2010,
74/2010,
(b) the date that the Deputy President 6/2012,
attains the age of 70 years. 20/2012,
21/2012,
22/2012,
(4) A Deputy President may be appointed on a 27/2012,
full-time or a part-time basis.". 61/2012 and
63/2012.
LawToday:
www.
legislation.
vic.gov.au
15 42 Senior members
(1) For section 13(3) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute--
"(3) Subject to this Act, a senior member holds
office for a term that expires on whichever of
20 the following occurs first--
(a) the date that is 7 years after the date of
appointment;
(b) the date that the senior member attains
the age of 70 years.".
25 (2) After section 13(4) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(5) Subsection (3)(b) does not apply in respect
of a senior member who is appointed on a
sessional basis.".
571317B.I-14/11/2012 23 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 6--Amendment of the Victorian Civil and Administrative Tribunal Act
s. 43
1998
43 Ordinary members
(1) For section 14(3) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute--
"(3) Subject to this Act, an ordinary member
5 holds office for a term that expires on
whichever of the following occurs first--
(a) the date that is 7 years after the date of
appointment;
(b) the date that the ordinary member
10 attains the age of 70 years.".
(2) After section 14(4) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(5) Subsection (3)(b) does not apply in respect
of an ordinary member who is appointed on
15 a sessional basis.".
44 Appointment of members
After section 16(3) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(4) A person who is appointed or reappointed as
20 a non-judicial member must, before
exercising any power or performing any
function as a member, take an oath or
affirmation of office in the prescribed form
and manner.
25 (5) Subsection (4) does not apply in the case of
an appointment under section 16A.
(6) Subsection (4) does not apply to a person
who has previously taken an oath or
affirmation of office under subsection (4).
30 (7) A failure by a person to take an oath or
affirmation of office in accordance with this
section does not invalidate anything done by
that person as a member of the Tribunal.".
571317B.I-14/11/2012 24 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 6--Amendment of the Victorian Civil and Administrative Tribunal Act
s. 45
1998
45 New section 165 inserted
After section 164 of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"165 Transitional--Justice Legislation
5 Amendment (Family Violence and Other
Matters) Act 2012
(1) Section 12(3) as in force before the
commencement of section 41 of the Justice
Legislation Amendment (Family Violence
10 and Other Matters) Act 2012 continues to
apply in respect of the current term of a
Deputy President appointed before that
commencement for the duration of that term.
(2) Section 13(3) as in force before the
15 commencement of section 42 of the Justice
Legislation Amendment (Family Violence
and Other Matters) Act 2012 continues to
apply in respect of the current term of a
senior member appointed before that
20 commencement for the duration of that term.
(3) Section 14(3) as in force before the
commencement of section 43 of the Justice
Legislation Amendment (Family Violence
and Other Matters) Act 2012 continues to
25 apply in respect of the current term of an
ordinary member appointed before that
commencement for the duration of that term.
(4) A person who is a non-judicial member at
the commencement of section 43 of the
30 Justice Legislation Amendment (Family
Violence and Other Matters) Act 2012 is
not required to comply with section 16(4)
until the person is reappointed as a non-
judicial member or appointed to another
35 position as a non-judicial member.".
571317B.I-14/11/2012 25 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 6--Amendment of the Victorian Civil and Administrative Tribunal Act
s. 46
1998
46 Statute law revision
(1) Clause 62A of Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998 is
repealed.
5 (2) After clause 67 of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998
insert--
"67A Support person
(1) If a party to a proceeding under the
10 Residential Tenancies Act 1997 is a
protected person or a respondent under a
family violence intervention order under the
Family Violence Protection Act 2008, the
party may be accompanied at a hearing by a
15 person (a support person) for the purposes
of that person providing support to the party.
(2) The support person may be--
(a) a legal practitioner; or
(b) a social worker; or
20 (c) a friend or family member of the party;
or
(d) any other person chosen by the party.".
__________________
571317B.I-14/11/2012 26 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Part 7--Repeal of Amending Act
s. 47
PART 7--REPEAL OF AMENDING ACT
47 Repeal of amending Act
This Act is repealed on 1 July 2014.
Note
5 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).
571317B.I-14/11/2012 27 BILL LA INTRODUCTION 14/11/2012
Justice Legislation Amendment (Family Violence and Other Matters) Bill
2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571317B.I-14/11/2012 28 BILL LA INTRODUCTION 14/11/2012
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