Victorian Current Acts

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SUMMARY OFFENCES ACT 1966 - SECT 51

Assaulting, etc. emergency workers, custodial officers, youth justice custodial workers or local authority staff on duty

    (1)     In this section—

S. 51(1) defs of custodial officer on duty and custodial officer inserted by No. 28/2016 s. 8(2).

custodial officer on duty and custodial officer have the same meanings as in section 10AA of the Sentencing Act 1991 ;

S. 51(1) defs of emergency worker on duty and emergency worker amended by No. 43/2017 s. 49(2)(a).

emergency worker on duty and emergency worker have the same meanings as in section 10AA of the Sentencing Act 1991 ;

S. 51(1) defs of youth justice custodial worker on duty and youth justice custodial worker inserted by No. 43/2017 s. 49(2)(b).

youth justice custodial worker on duty and youth justice custodial worker have the same meanings as in section 10AA of the Sentencing Act 1991 .

S. 51(2) amended by Nos 28/2016 s. 8(3), 43/2017 s. 49(3).

    (2)     A person must not assault, resist, obstruct, hinder or delay an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty.

Penalty:     60 penalty units or imprisonment for 6 months.

    (3)     A person must not assault, resist, obstruct, hinder or delay a member of staff of a local authority in the execution of the member's duty under this Act.

Penalty:     60 penalty units or imprisonment for 6 months.

S. 51(4) amended by Nos 28/2016 s. 8(3), 43/2017 s. 49(4).

    (4)     A person must not assault, resist, obstruct, hinder or delay a person lawfully assisting an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty.

Penalty:     60 penalty units or imprisonment for 6 months.

S. 51(5) amended by No. 28/2016 s. 8(4), substituted by No. 43/2017 s. 49(5).

    (5)     In addition to imposing a penalty under this section, the court may order and award a sum sufficient to cover any damage which an emergency worker, a custodial officer, a youth justice custodial worker or a member of staff of a local authority or a person lawfully assisting an emergency worker, a custodial officer or a youth justice custodial worker has sustained by the assault, resistance, obstruction, hindrance or delay.

    (6)     A sum awarded under subsection (5) may be recovered in the same manner as the penalty.

S. 51A inserted by No. 79/2014 s. 59.



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