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Public Prosecutions (Amendment) Bill
Victorian Legislation and Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 provides that the main purpose of the Bill is to confer an
immunity from personal liability in certain circumstances on
certain persons performing duties under the Public Prosecutions
Act 1994.
Clause 2 provides for the commencement of the Bill on the day after the
day on which it receives the Royal Assent.
inserts a new section 46 in Part 9 of the Public Prosecutions Act
Clause 3
1994.
New section 46 inserts an immunity provision which covers the
following persons in the exercise of a power or the performance
of a function or duty under, or in connection with, the Act in
good faith, with liability attaching instead to the State.
Persons specified as covered by the immunity provision are--
· the Director of Public Prosecutions;
· the Chief Crown Prosecutor;
· Crown Prosecutors;
· Associate Crown Prosecutors;
· the Solicitor for Public Prosecutions;
· members of staff of the OPP 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 of Public Prosecutions;
· members of the Committee for Public Prosecutions
appointed by the Governor in Council.
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The immunity extends to both current and former persons as
specified to ensure that they are sufficiently covered
retrospectively, including those persons who carried out similar
Victorian Legislation and Parliamentary Documents
duties and functions under previous corresponding legislation in
the Director of Public Prosecutions Act 1982.
Clause 4 inserts a new section 53 which provides a transitional provision
as follows--the immunity provision under new section 46 applies
to any causes of action whether arising before or after the
commencement of the Act, except for the rights of the parties in
the ongoing Tahche proceedings and any other proceedings that
may be on foot.
provides a further technical amendment to the Public
Clause 5
Prosecutions Act 1994 in relation to section 41(1)(a)(i) to bring
it in line with previous amendments to section 22(1) of the Act.
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