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PARLIAMENT OF VICTORIA
Justice Legislation Miscellaneous Amendments
Bill 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of Supreme Court Act 1986 3
3 Statute law revision 3
4 Costs 3
5 New section 33ZDA inserted 3
Part 3--Amendment of Local Government Act 1989 5
6 New section 252 inserted 5
Part 4--Amendment of Magistrates' Court Act 1989 6
7 New sections 141, 142, 143 and 144 inserted 6
Part 5--Amendment of Criminal Procedure Act 2009 8
Division 1--Amendments relating to intermediaries and indictable
offences that may be heard and determined summarily 8
8 Application of Division 8
9 Schedule 2 amended 8
10 Statute law revision--section 4 8
11 Statute law revision--section 389E 9
Division 2--Other miscellaneous amendments 9
12 Summary case conference 9
13 Section 123 substituted 9
14 Committal case conference 10
15 Order for accused to cross-examine witness before trial in
certain sexual offence cases 11
16 Application for leave 11
Division 3--Transitional provision 11
17 New section 455 inserted 11
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Clause Page
Part 6--Amendment of other Acts 13
Division 1--Amendment of Evidence Act 2008 13
18 Courts and proceedings to which Act applies 13
19 Postal articles 13
Division 2--Amendment of Evidence (Miscellaneous Provisions)
Act 1958 13
20 Order to examine witnesses 13
Division 3--Amendment of Oaths and Affirmations Act 2018 14
21 Offence to make false statutory declaration 14
22 Offence to present false copy of a document for certification 14
23 Offence to certify certain copies of documents 15
Division 4--Amendment of Professional Standards Act 2003 15
24 Delegation 15
Division 5--Amendment of Sentencing Act 1991 15
25 Sentencing for a standard sentence offence 15
26 Statute law revision 15
Part 7--Repeal of this Act 16
27 Repeal of this Act 16
═════════════
Endnotes 17
1 General information 17
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Justice Legislation Miscellaneous
Amendments Bill 2019
A Bill for an Act to amend the Criminal Procedure Act 2009, the
Evidence Act 2008, the Evidence (Miscellaneous Provisions)
Act 1958, the Local Government Act 1989, the Magistrates' Court
Act 1989, the Oaths and Affirmations Act 2018, the Professional
Standards Act 2003, the Sentencing Act 1991 and the Supreme
Court Act 1986 and for other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Supreme Court Act 1986 to
5 make further provision about costs in group
proceedings and to make other minor
amendments to that Act; and
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 1--Preliminary
(b) to amend the Local Government Act 1989
to provide for the effect of the purported
exercise of functions, powers or duties by
certain bodies and for related matters; and
5 (c) to amend the Magistrates' Court Act 1989
to provide for the effect of acts or decisions
of certain persons purporting to occupy the
office of reserve magistrate and for related
matters; and
10 (d) to make minor and technical amendments to
the Criminal Procedure Act 2009, the
Evidence Act 2008, the Evidence
(Miscellaneous Provisions) Act 1958, the
Oaths and Affirmations Act 2018, the
15 Professional Standards Act 2003 and the
Sentencing Act 1991.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
20
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 2--Amendment of Supreme Court Act 1986
Part 2--Amendment of Supreme Court
Act 1986
3 Statute law revision
In section 33A of the Supreme Court Act 1986,
5 in the definition of Chapter I of the Rules, for
"2005" substitute "2015".
4 Costs
At the end of section 33ZD of the Supreme
Court Act 1986, insert--
10 "(2) Subsection (1)(b) is subject to any order
made under section 33ZDA.".
5 New section 33ZDA inserted
After section 33ZD of the Supreme Court
Act 1986 insert--
15 "33ZDA Group costs orders
(1) On application by the plaintiff in any group
proceeding, the Court, if satisfied that it is
appropriate or necessary to ensure that
justice is done in the proceeding, may make
20 an order--
(a) that the legal costs payable to the law
practice representing the plaintiff and
group members be calculated as a
percentage of the amount of any award
25 or settlement that may be recovered in
the proceeding, being the percentage set
out in the order; and
(b) that liability for payment of the legal
costs must be shared among the
30 plaintiff and all group members.
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 2--Amendment of Supreme Court Act 1986
(2) If a group costs order is made--
(a) the law practice representing the
plaintiff and group members is liable to
pay any costs payable to the defendant
5 in the proceeding; and
(b) the law practice representing the
plaintiff and group members must give
any security for the costs of the
defendant in the proceeding that the
10 Court may order the plaintiff to give.
(3) The Court, by order during the course of the
proceeding, may amend a group costs order,
including, but not limited to, amendment of
any percentage ordered under subsection
15 (1)(a).
(4) This section has effect despite anything to
the contrary in the Legal Profession Uniform
Law (Victoria).
(5) In this section--
20 group costs order means an order made
under subsection (1);
legal costs has the same meaning as in the
Legal Profession Uniform Law
(Victoria).".
25
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 3--Amendment of Local Government Act 1989
Part 3--Amendment of Local Government
Act 1989
6 New section 252 inserted
After section 251 of the Local Government
5 Act 1989 insert--
"252 Purported exercise or functions, powers
or duties of Municipal Electoral Tribunals
and related matters
(1) Any act or omission done or omitted to be
10 done by a relevant body during the relevant
period in the purported exercise of any
function, power or duty of the relevant body
under Division 8 of Part 3 as in force during
the relevant period has the same force and
15 effect as it would have had if the relevant
body had been validly established under
Division 8 of Part 3 as so in force.
(2) Clause 6(1) of Schedule 4, as in force during
the relevant period, is taken to have applied
20 and to continue to apply to a person in
relation to the purported exercise by that
person of a duty of a member of a Tribunal
(within the meaning of that subclause), being
a duty to which subsection (1) applies.
25 (3) In this section--
relevant body means any body that was
purported to be established under
section 44(1) as in force during the
relevant period, but was not validly
30 established under that subsection;
relevant period means the period
commencing on 30 October 1996 and
ending on 16 February 2018.".
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 4--Amendment of Magistrates' Court Act 1989
Part 4--Amendment of Magistrates' Court
Act 1989
7 New sections 141, 142, 143 and 144 inserted
After section 140 of the Magistrates' Court
5 Act 1989 insert--
"141 Definitions
In this section and sections 142 and 144--
affected person means any person--
(a) who was appointed as an acting
10 magistrate on 19 July 2011 or
6 March 2012; and
(b) who was taken to hold the office
of reserve magistrate by the
operation of clause 50 of
15 Schedule 8 as inserted by
section 40 of the Courts
Legislation Amendment
(Reserve Judicial Officers)
Act 2013;
20 relevant period, in relation to an affected
person, means any period during which
the person purported to occupy the
office of reserve magistrate but did not
validly occupy that office.
25 142 Rights, duties and liabilities declared in
certain cases
The rights, duties and liabilities of any
person are declared to be, and always to have
been the same as if each act or decision of an
30 affected person as a purported occupant of
the office of reserve magistrate during the
relevant period had been an act or decision
of a person who validly occupied the office
of reserve magistrate.
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 4--Amendment of Magistrates' Court Act 1989
143 Effect of declared rights, duties and
liabilities
(1) A right, duty or liability to which section 142
applies--
5 (a) is exercisable or enforceable; and
(b) must be regarded as always having
been exercisable or enforceable--
as if it were a right, duty or liability
conferred, imposed or affected by an act or
10 decision of a person who validly occupied
the office of reserve magistrate.
(2) Without limiting section 142 or this section,
the rights, duties and liabilities conferred,
imposed or affected by section 142 include
15 the right of a person who was a party to a
proceeding or purported proceeding in which
a decision was made to which section 142
applies, to appeal against the decision or
apply for a review of the decision.
20 144 Protection of affected persons
Sections 9E and 14 are taken to have applied
and to continue to apply to an affected
person when purportedly exercising any duty
of a reserve magistrate during the relevant
25 period.".
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 5--Amendment of Criminal Procedure Act 2009
Part 5--Amendment of Criminal Procedure
Act 2009
Division 1--Amendments relating to intermediaries
and indictable offences that may be heard and
5 determined summarily
8 Application of Division
For section 389F(1) of the Criminal Procedure
Act 2009 substitute--
"(1) This Division applies to a witness (including
10 the complainant) other than the accused in a
criminal proceeding if--
(a) the witness--
(i) is under the age of 18 years at the
time at which the proceeding
15 commences; or
(ii) has a cognitive impairment; and
(b) the criminal proceeding is in a
participating venue of a court.".
9 Schedule 2 amended
20 For item 4.6 of Schedule 2 to the Criminal
Procedure Act 2009 substitute--
"4.6 Offences under section 76 of the Crimes
Act 1958 (burglary) except an offence
involving an intent to steal property, the
25 amount or value of which in the judgment of
the court exceeds $100 000.".
10 Statute law revision--section 4
In the heading to section 4 of the Criminal
Procedure Act 2009, for "sexual offence"
30 substitute "sexual offence".
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 5--Amendment of Criminal Procedure Act 2009
11 Statute law revision--section 389E
In the note at the foot of section 389E(2)(f) of the
Criminal Procedure Act 2009, for "(2009)
VR 531" substitute "(2009) 24 VR 531".
5 Division 2--Other miscellaneous amendments
12 Summary case conference
In section 54(7) of the Criminal Procedure
Act 2009, for "unless all parties to the summary
case conference agree to the giving of the
10 evidence." substitute--
"unless--
(c) all parties to the summary case
conference agree to the giving of the
evidence; or
15 (d) the proceeding is a criminal proceeding
for an offence alleged to have been
committed during, or in connection
with, the summary case conference.".
13 Section 123 substituted
20 For section 123 of the Criminal Procedure
Act 2009 substitute--
"123 No cross-examination in certain sexual
offence cases
(1) This section applies to a proceeding--
25 (a) that relates (wholly or partly) to a
charge for a sexual offence if one or
more of the complainants in the
proceeding is a child or a person with a
cognitive impairment; and
30 (b) when the criminal proceeding
commenced, any complainant in
relation to a charge for a sexual offence
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 5--Amendment of Criminal Procedure Act 2009
was a child or a person with a cognitive
impairment.
(2) Despite anything to the contrary in this Part,
the Magistrates' Court must not grant leave
5 to cross-examine any witness in a proceeding
to which this section applies.
Examples
1 A proceeding relates to a sexual offence charge
involving a child complainant and a sexual
10 offence charge involving an adult complainant
without a cognitive impairment. No cross-
examination is permitted.
2 A proceeding relates to a charge for a sexual
offence against an adult complainant without a
15 cognitive impairment and a charge for a non-
sexual offence against a child complainant. The
section does not apply.
3 A proceeding relates to a charge for a sexual
offence against a child complainant and a charge
20 for a non-sexual offence against an adult
complainant without a cognitive impairment. No
cross-examination is permitted.".
14 Committal case conference
In section 127(3) of the Criminal Procedure
25 Act 2009, for "unless all parties to the committal
case conference agree to the giving of the
evidence." substitute--
"unless--
(c) all parties to the committal case
30 conference agree to the giving of the
evidence; or
(d) the proceeding is a criminal proceeding
for an offence alleged to have been
committed during, or in connection
35 with, the committal case conference.".
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 5--Amendment of Criminal Procedure Act 2009
15 Order for accused to cross-examine witness before
trial in certain sexual offence cases
In section 198A(2) of the Criminal Procedure
Act 2009, for "other than a complainant"
5 substitute ", other than a complainant who was a
child or a person with a cognitive impairment
when the criminal proceeding commenced,".
16 Application for leave
After section 344(b) of the Criminal Procedure
10 Act 2009 insert--
"(ba) in the case of a pre-trial cross-examination
under an order made under section 198A or a
limited preparatory cross-examination under
an order made under section 198B, must
15 be--
(i) filed with the County Court or the
Supreme Court, as the case requires;
and
(ii) served on the DPP in accordance with
20 section 392 at least 7 days before the
cross-examination;".
Division 3--Transitional provision
17 New section 455 inserted
At the end of Chapter 10 of the Criminal
25 Procedure Act 2009 insert--
"455 Transitional provision--Justice
Legislation Miscellaneous Amendments
Act 2019
(1) Section 54 as amended by the Justice
30 Legislation Miscellaneous Amendments
Act 2019 applies in respect of an offence
alleged to have been committed on or after
the day on which the amendment comes into
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 5--Amendment of Criminal Procedure Act 2009
operation during, or in connection with, a
summary case conference.
(2) Section 127 as amended by the Justice
Legislation Miscellaneous Amendments
5 Act 2019 applies in respect of an offence
alleged to have been committed on or after
the day on which the amendment comes into
operation during, or in connection with, a
committal case conference.
10 (3) Item 4.6 of Schedule 2 as substituted by
section 9 of the Justice Legislation
Miscellaneous Amendments Act 2019
applies to a criminal proceeding commenced
on or after the commencement of section 9
15 of that Act, irrespective of when the offence
is alleged to have been committed.".
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 6--Amendment of other Acts
Part 6--Amendment of other Acts
Division 1--Amendment of Evidence Act 2008
18 Courts and proceedings to which Act applies
For note 4 at the foot of section 4 of the Evidence
5 Act 2008 substitute--
"4 Provisions in other Victorian Acts which relieve courts
from the obligation to apply the rules of evidence in
certain proceedings are preserved by section 8.".
19 Postal articles
10 In section 160(1) of the Evidence Act 2008, for
"fourth working day" substitute "seventh working
day".
Division 2--Amendment of Evidence
(Miscellaneous Provisions) Act 1958
15 20 Order to examine witnesses
(1) In section 4(1) of the Evidence (Miscellaneous
Provisions) Act 1958 omit "or County Court".
(2) After section 4(1) of the Evidence
(Miscellaneous Provisions) Act 1958 insert--
20 "(1A) The County Court, in its discretion and
where it appears in the interests of justice to
do so, on the application of a party to a civil
or criminal proceeding before the County
Court, may make, in relation to a person in
25 Victoria, an order for the issue of a
commission for the examination of the
person on oath or affirmation at any place in
Victoria.".
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 6--Amendment of other Acts
(3) In section 4(2), (4) and (6) of the Evidence
(Miscellaneous Provisions) Act 1958, after
"subsection (1)" insert "or (1A)".
(4) In section 4(3) of the Evidence (Miscellaneous
5 Provisions) Act 1958--
(a) after "subsection (1)" insert ", or the County
Court makes an order under subsection
(1A),";
(b) omit "Supreme" (where secondly and thirdly
10 occurring).
Division 3--Amendment of Oaths and Affirmations
Act 2018
21 Offence to make false statutory declaration
At the foot of section 36 of the Oaths and
15 Affirmations Act 2018 insert--
"Note
The penalty applicable to this offence means the offence is
an indictable offence--see section 112(1) of the Sentencing
Act 1991. See also section 28 of the Criminal Procedure
20 Act 2009 regarding indictable offences that may be heard
and determined summarily.".
22 Offence to present false copy of a document for
certification
At the foot of section 47 of the Oaths and
25 Affirmations Act 2018 insert--
"Note
The penalty applicable to this offence means the offence is
an indictable offence--see section 112(1) of the Sentencing
Act 1991. See also section 28 of the Criminal Procedure
30 Act 2009 regarding indictable offences that may be heard
and determined summarily.".
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 6--Amendment of other Acts
23 Offence to certify certain copies of documents
For the note at the foot of section 48 of the Oaths
and Affirmations Act 2018 substitute--
"Notes
5 1 See the definition of original document in section 3.
2 The penalty applicable to this offence means the
offence is an indictable offence--see section 112(1) of
the Sentencing Act 1991. See also section 28 of the
Criminal Procedure Act 2009 regarding indictable
10 offences that may be heard and determined
summarily.".
Division 4--Amendment of Professional Standards
Act 2003
24 Delegation
15 In section 52A of the Professional Standards
Act 2003 omit "as an executive within the
meaning of that Act,".
Division 5--Amendment of Sentencing Act 1991
25 Sentencing for a standard sentence offence
20 (1) In section 5B(1)(b) of the Sentencing Act 1991,
for "summarily; or" substitute "summarily.".
(2) Section 5B(1)(c) of the Sentencing Act 1991 is
repealed.
26 Statute law revision
25 (1) In section 69FA(b) of the Sentencing Act 1991,
after "section 15" insert "or 15E".
(2) In section 165 of the Sentencing Act 1991
(where secondly occurring), for "165" substitute
"165A".
30 (3) In clause 1(1) of Schedule 3A to the Sentencing
Act 1991 omit "to a" (where secondly occurring).
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Justice Legislation Miscellaneous Amendments Bill 2019
Part 7--Repeal of this Act
Part 7--Repeal of this Act
27 Repeal of this Act
This Act is repealed on 1 December 2021.
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).
═════════════
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Justice Legislation Miscellaneous Amendments Bill 2019
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
591111B.I-26/11/2019 17 BILL LA INTRODUCTION 26/11/2019
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