Victorian Current Acts

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Director has standing to appear or be represented at certain hearings

    (1)     Subject to subsection (3), the Director is entitled to appear or be represented and to give evidence at the hearing of the following—

        (a)     an application under section 30 challenging being a declared director;

        (b)     a proceeding under section 165;

        (c)     a proceeding under Part 3B of the Sentencing Act 1991 , unless the court orders otherwise.

    (2)     Without limiting any other power of the Director to appear or be represented or give evidence in any proceeding, the Director may appear or be represented and give evidence at the hearing of any proceeding if the court hearing that proceeding requires the Director to do so.

    (3)     The absence of the Director or the Director's representative does not prevent a court from making any order.

    (4)     Nothing in this section requires the Director to appear or be represented at a hearing referred to in subsection (1).

Pt 2A (Heading and ss 10A10L) inserted by No. 29/2016 s. 6.

Part 2A—Work and development permits

S. 10AA inserted by No. 17/2022 s. 28.

    10AA     Meaning of eligible person

    (1)     In this Part, "eligible person" means a person—

        (a)     served with an infringement notice or in respect of whom a collection and enforcement order in relation to an outstanding registered infringement fine has been made and registered under section 15E; and

        (b)     in respect of whom at least one paragraph in subsection (2) applies.

    (2)     For the purposes of subsection (1)(b), the following paragraphs are specified—

        (a)     the person has a mental or intellectual disability, disorder or illness;

        (b)     the person has an addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981 ;

        (c)     the person is experiencing homelessness in accordance with the prescribed criteria (if any);

        (d)     the person is experiencing acute financial hardship;

        (e)     the person is the victim of family violence within the meaning of section 5 of the Family Violence Protection Act 2008 .


The work and development permit guidelines made by the Attorney-General under section 10L specify the kind of circumstances that should apply to a person in order to satisfy the Director that the person is an eligible person.

S. 10A inserted by No. 29/2016 s. 6, amended by No. 17/2022 s. 29.

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