Victorian Numbered Acts

ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 135

    After section 252 of the Accident Compensation Act 1985 insert —

    " 252AA     Procedure if prosecution is not brought

    (1)     If—

        (a)     a person considers that the occurrence of an act, matter or thing constitutes an offence against Part VIIB; and

        (b)     no prosecution has been brought in respect of the occurrence of the act, matter or thing within 6 months of that occurrence—

the person may request in writing that the Authority bring a prosecution.

    (2)     Within 3 months after the Authority receives a request under subsection (1) it must—

        (a)     investigate the matter; and

        (b)     advise (in writing) the person whether a prosecution has been or will be brought or give reasons why a prosecution will not be brought.
s. 135

    (3)     If the Authority advises the person that a prosecution will not be brought, the Authority must refer the matter to the Director of Public Prosecutions if the person requests (in writing) that the Authority do so.

    (4)     The Director of Public Prosecutions must consider the matter and advise (in writing) the Authority whether or not the Director considers that a prosecution should be brought.

    (5)     The Authority must ensure a copy of the advice is sent to the person who made the request and, if the Authority declines to follow advice from the Director of Public Prosecutions to bring proceedings, the Authority must give the person written reasons for its decision.

    (6)     The Authority must include in its annual report, and publish on its website, a statement setting out—

        (a)     the number of requests received by the Authority under subsection (1); and

        (b)     the number of cases in which the Authority has advised under subsection (2)(b) that a prosecution has been or will be brought, or will not be brought; and

        (c)     the number of cases in which the Director of Public Prosecutions has advised under subsection (4) that a prosecution should be brought or should not be brought.

    (7)     No proceedings may be brought in respect of a decision by the Authority to bring or not to bring a prosecution following advice from the Director of Public Prosecutions.

    (8)     In this section—

"proceedings" includes—

        (a)     the inquiry into, hearing and determination of any question or matter under this Act;

        (b)     seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction;

        (c)     seeking any order under the Administrative Law Act 1978 ;

        (d)     any other action or proceeding.".