Victorian Numbered Acts Victorian Numbered Acts(1) If a rail safety worker is served with a summons to answer to a charge of a safety work infringement, and it is alleged that he or she has been previously convicted or found guilty of any such infringement or infringements, a separate document setting out particulars of the alleged prior convictions or findings of guilt, and that meets the requirements under subsection (2), may be served with the summons.
(2) The document setting out the alleged prior convictions or findings of guilt—
(a) must be in the prescribed form; and
(b) must be signed by the informant; and
(c) must be endorsed with a notice in the prescribed form; and
(d) may be served in any manner in which the summons to answer to the charge may be served.
(3) If the court by which a rail safety worker is convicted or found guilty is satisfied that a copy of the document referred to in subsection (1) was served on the rail safety worker at least 14 days before the hearing of the charge, the document is admissible in evidence for the purpose of establishing—
(a) that the rail safety worker was convicted or found guilty of the offences alleged in the document; and
(b) the particulars relating to the convictions or findings of guilt set out in the document.
(4) A document referred to in subsection (1) may not be tendered in evidence without the consent of the accused if the accused is present at the hearing of the charge.
(5) Without limiting Part 3.4 of Chapter 3 of the Criminal Procedure Act 2009 , if evidence of prior convictions or findings of guilt has been tendered under this section, the court may set aside, on any terms as to costs or otherwise that the court thinks just, the sentence within the meaning of that Act imposed by it if it has reasonable grounds to believe that—
(a) the document tendered in evidence was not in fact brought to the notice of the accused; or
(b) the accused was not in fact convicted, or found guilty, of the offences as alleged in the document.
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