JUSTICE LEGISLATION AMENDMENT (VICTIMS OF CRIME ASSISTANCE AND OTHER MATTERS) BILL 2010

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JUSTICE LEGISLATION AMENDMENT (VICTIMS OF CRIME ASSISTANCE AND OTHER MATTERS) BILL 2010

PARLIAMENT OF VICTORIA Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2--VICTIMS OF CRIME 4 Division 1--Amendments to the Children, Youth and Families Act 2005 4 3 Definitions 4 4 Victim impact statements 4 5 New sections 359A and 359B inserted 6 359A Alternative arrangements for reading aloud of victim impact statement 6 359B Alternative arrangements for examination 7 6 Transitional provision 8 Division 2--Amendments to the Sentencing Act 1991 8 7 Contents of victim impact statement 8 8 Reading aloud of victim impact statement 9 9 New sections 95G and 95H inserted 10 95G Alternative arrangements for reading aloud of victim impact statement 10 95H Alternative arrangements for examination 11 10 Transitional provision 12 142 Transitional provision--Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 12 Division 3--Amendments to the Victims of Crime Assistance Act 1996 13 11 Definitions 13 12 Assistance available to primary victims 13 13 Delegation 14 14 Review of Tribunal decisions 14 561460B.I-23/3/2010 i BILL LA INTRODUCTION 23/3/2010

Clause Page 15 Section 59A inserted 14 59A Review of delegated Tribunal decisions 14 16 New section 81 inserted 15 81 Transitional provision--Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 15 PART 3--AMENDMENTS TO THE FAMILY VIOLENCE PROTECTION ACT 2008 AND STALKING INTERVENTION ORDERS ACT 2008 16 Division 1--Amendments to Family Violence Protection Act 2008 16 17 Search of person and seizure of objects 16 18 Court may make interim order 16 19 Evidentiary requirements for making interim orders 17 20 Explanation of interim order 18 21 New Division 3A of Part 4 inserted 19 Division 3A--Assessment reports in proceedings in the Children's Court 19 73A Children's Court may order assessment of respondent or affected family member 19 73B Notification of requirement to submit assessment report 19 73C Warning to be given to persons being interviewed 20 73D Disputed report 20 73E Content of assessment report 21 73F Secretary to forward report to Children's Court 21 73G Attendance at court of author of assessment report 21 73H Confidentiality of assessment reports 22 22 Consent orders 23 23 Decision about contact with a child 24 24 Conditions about arrangements for contact with child if not Family Law Act order 25 25 Power of the court to vary or revoke family violence intervention order 25 26 Court may make interim order on application for variation of family violence intervention order 25 27 Further application for variation etc. in respect of child 25 28 Section 107 substituted 26 107 Interim extension order 26 29 Rehearing of certain proceeding 27 30 Warrants to search premises and vehicles 27 31 Announcement before entry 28 32 Copy of warrant to be given to occupier 28 561460B.I-23/3/2010 ii BILL LA INTRODUCTION 23/3/2010

Clause Page 33 New section 171A inserted 29 171A Relationship with the Stalking Intervention Orders Act 2008 29 34 Family violence intervention orders prevail over child protection orders 30 35 Service of family violence intervention orders 30 36 Statute law revision 30 37 New Division 5 of Part 14 inserted 30 Division 5--Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 30 224B Transitional provision--Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 30 Division 2--Amendments to Stalking Intervention Orders Act 2008 31 38 Warrants to search premises and vehicles 31 39 Announcement before entry 31 40 Copy of warrant to be given to occupier 32 PART 4--INFRINGEMENT NOTICES SERVED ON CHILDREN 33 Division 1--Amendments to the Infringements Act 2006 33 41 Decision to go to Court--lodgeable infringement offences 33 42 New section 40AA inserted in Part 2 33 40AA Decision to go to Court--children 33 43 Payment plans may extend period for bringing proceedings for offence 34 44 New section 211 inserted 34 211 Transitional provision--Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 34 Division 2--Amendments to the Children, Youth and Families Act 2005 35 45 Time limits for filing a charge-sheet 35 46 New section 617 inserted 35 617 Transitional provision--Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 35 47 New Part 4 inserted in Schedule 3 36 PART 4--EXTENSION OF TIME FOR COMMENCING PROCEEDING 36 17 Decision to go to Court 36 561460B.I-23/3/2010 iii BILL LA INTRODUCTION 23/3/2010

Clause Page PART 5--PROVISIONS RELATED TO LIQUOR AND DISORDERLY CONDUCT 39 Division 1--Amendments to Liquor Control Reform Act 1998 39 48 Infringement penalty for offence of failing to leave licensed premises 39 49 Period of operation of banning notices 39 Division 2--Amendments to Summary Offences Act 1966 40 50 Penalty for persons found drunk 40 51 Penalty for persons found drunk and disorderly 40 52 Penalty for disorderly conduct 40 53 Infringement penalties for drunk and disorderly offences 40 PART 6--REPEAL OF AMENDING ACT 42 54 Repeal of amending Act 42 ENDNOTES 43 561460B.I-23/3/2010 iv BILL LA INTRODUCTION 23/3/2010

PARLIAMENT OF VICTORIA Introduced in the Assembly Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 A Bill for an Act to amend the Children, Youth and Families Act 2005, the Family Violence Protection Act 2008, the Infringements Act 2006, the Liquor Control Reform Act 1998, the Sentencing Act 1991, the Stalking Intervention Orders Act 2008, the Summary Offences Act 1966 and the Victims of Crime Assistance Act 1996 and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The purposes of this Act are-- (a) to amend the Children, Youth and Families 5 Act 2005 in relation to victim impact statements; and 561460B.I-23/3/2010 1 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 1--Preliminary s. 2 (b) to amend the Family Violence Protection Act 2008 in relation to proceedings in the Children's Court and to generally improve the operation of the Act; and 5 (c) to amend the Sentencing Act 1991 in relation to victim impact statements; and (d) to amend the Victims of Crime Assistance Act 1996 in relation to delegation and awards of assistance; and 10 (e) to amend the Infringements Act 2006 and the Children, Youth and Families Act 2005 to extend the time for filing a charge- sheet against a child in respect of a summary offence that has been dealt with by 15 infringement notice; and (f) to make consequential amendments to the Stalking Intervention Orders Act 2008; and (g) to amend the Liquor Control Reform Act 20 1998 to extend the period of operation of banning notices and increase infringement penalties for failing to leave licensed premises; and (h) to amend the Summary Offences Act 1966 25 to increase penalties and infringement penalties for certain offences relating to drunkenness and disorderly conduct. 2 Commencement (1) This Part and Part 4 come into operation on the 30 day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. 561460B.I-23/3/2010 2 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 1--Preliminary s. 2 (3) If a provision referred to in subsection (2) does not come into operation before 1 January 2011, it comes into operation on that day. __________________ 561460B.I-23/3/2010 3 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 2--Victims of Crime s. 3 PART 2--VICTIMS OF CRIME Division 1--Amendments to the Children, Youth and Families Act 2005 3 Definitions 5 See: In the definition of victim in section 3(1) of the Act No. 96/2005. Children, Youth and Families Act 2005, after Reprint No. 2 "damage" (where first occurring) insert as at 19 August "(including grief, distress, trauma or other 2009 significant adverse effect)". and amending Act Nos 51/2006, 77/2008, 4/2009, 7/2009, 22/2009, 26/2009, 50/2009, 68/2009, 69/2009 and 6/2010. LawToday: www. legislation. vic.gov.au 10 4 Victim impact statements (1) After section 359(4) of the Children, Youth and Families Act 2005 insert-- "(4A) A victim impact statement may include photographs, drawings or poems and other 15 material that relates to the impact of the offence on the victim or to any injury, loss or damage suffered by the victim as a direct result of the offence.". 561460B.I-23/3/2010 4 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 2--Victims of Crime s. 4 (2) For section 359(12) of the Children, Youth and Families Act 2005 substitute-- "(12) A person who has made a victim impact statement may request that any part of that 5 victim impact statement-- (a) is read aloud or displayed in the course of the sentencing hearing by-- (i) the person making the request; or (ii) a person chosen by the person 10 making the request who consents and who is approved by the Court for that purpose; or (b) is read aloud in the course of the sentencing hearing by the prosecutor. 15 (12A) If a request is made under subsection (12), and the person specified in the request is available to do so during the course of the sentencing hearing, the Court must ensure that any admissible parts of the victim 20 impact statement that are-- (a) identified in the request; and (b) appropriate and relevant to sentencing-- are read aloud or displayed by the person or 25 persons specified in the request in open court in the course of the sentencing hearing. (12B) For the purposes of subsection (12A), the Court may direct the person who made the request or the person chosen by that person 30 as to which admissible parts of the victim impact statement are appropriate and relevant to sentencing.". 561460B.I-23/3/2010 5 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 2--Victims of Crime s. 5 5 New sections 359A and 359B inserted After section 359 of the Children, Youth and Families Act 2005 insert-- "359A Alternative arrangements for reading 5 aloud of victim impact statement (1) On the application of the person who is to read aloud the victim impact statement at a sentencing hearing, on the application of the prosecutor or on its own motion, the Court 10 may direct that alternative arrangements be made for the reading aloud of a victim impact statement under section 359, including arrangements-- (a) permitting the victim impact statement 15 to be read aloud from a place other than the court room by means of a closed- circuit television or other facilities that enable communication between that place and the court room; 20 (b) using screens to remove the person reading the victim impact statement from the direct line of vision of the child; (c) permitting a person, chosen by the 25 person reading the victim impact statement and approved by the Court for this purpose, to be beside the person reading the victim impact statement while it is read aloud, for the purpose of 30 providing emotional support for the person reading the victim impact statement; (d) permitting only persons specified by the Court to be present while the victim 35 impact statement is read aloud. 561460B.I-23/3/2010 6 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 2--Victims of Crime s. 5 (2) The Court may, on the application of the person who is to read aloud the victim impact statement, on the application of the prosecutor or on its own motion, revoke or 5 vary a direction made under subsection (1). (3) For the purposes of this section, the reading aloud of a victim impact statement includes the display of material included in the victim impact statement. 10 359B Alternative arrangements for examination (1) On the application of a person who gives evidence under section 359(7) or (9), on the application of the prosecutor or on its own motion, the Court may direct that alternative 15 arrangements be made for the examination and cross-examination of that person, including arrangements-- (a) permitting the person to be examined and cross-examined from a place other 20 than the court room by means of a closed-circuit television or other facilities that enable communication between that place and the court room; (b) using screens to remove the person 25 from the direct line of vision of the child; (c) permitting a person, chosen by the person being examined and cross- examined and approved by the Court 30 for this purpose, to be beside the person being examined and cross-examined during the examination and cross- examination, for the purpose of providing emotional support for the 35 person being examined and cross- examined; 561460B.I-23/3/2010 7 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 2--Victims of Crime s. 6 (d) permitting only persons specified by the Court to be present while the person is being examined and cross-examined. (2) The Court may, on the application of a 5 person who gives evidence under section 359(7) or (9), on the application of the prosecutor or on its own motion, revoke or vary a direction made under subsection (1).". 10 6 Transitional provision At the end of section 617 of the Children, Youth and Families Act 2005 insert-- "(2) This Act as amended by sections 3, 4 and 5 of the Justice Legislation Amendment 15 (Victims of Crime Assistance and Other Matters) Act 2010 applies to a sentencing hearing of a child for an offence irrespective of when the offence was committed, provided the sentencing hearing commences 20 after those sections come into operation.". Note Section 617 of the Children, Youth and Families Act 2005 is inserted by section 46 of this Act. Division 2--Amendments to the Sentencing Act 1991 25 7 Contents of victim impact statement After section 95B(1) of the Sentencing Act 1991 insert-- "(1A) A victim impact statement may include photographs, drawings or poems and other 30 material that relates to the impact of the offence on the victim or to any injury, loss or damage suffered by the victim as a direct result of the offence.". 561460B.I-23/3/2010 8 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 2--Victims of Crime s. 8 8 Reading aloud of victim impact statement For section 95F(1) of the Sentencing Act 1991 See: Act No. substitute-- 49/1991. Reprint No. 11 "(1) A person who has made a victim impact as at 15 January 5 statement may request that any part of that 2009 victim impact statement-- and amending (a) is read aloud or displayed in the course Act Nos 46/2008, of the sentencing hearing by-- 7/2009, 22/2009, (i) the person making the request; or 68/2009, 69/2009, 10 (ii) a person chosen by the person 77/2009, 87/2009, making the request who consents 91/2009 and and who is approved by the court 93/2009. LawToday: for that purpose; or www. legislation. (b) is read aloud in the course of the vic.gov.au 15 sentencing hearing by the prosecutor. (1A) If a request is made under subsection (1) and the person specified in the request is available to do so during the course of the sentencing hearing, the court must ensure 20 that any admissible parts of the victim impact statement that are-- (a) identified in the request; and (b) appropriate and relevant to sentencing-- 25 are read aloud or displayed by the person or persons specified in the request in open court in the course of the sentencing hearing. (1B) For the purposes of subsection (1A), the court may direct the person who made the 30 request or the person chosen by that person as to which admissible parts of the victim impact statement are appropriate and relevant to sentencing.". 561460B.I-23/3/2010 9 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 2--Victims of Crime s. 9 9 New sections 95G and 95H inserted After section 95F of the Sentencing Act 1991 insert-- "95G Alternative arrangements for reading 5 aloud of victim impact statement (1) On the application of the person who is to read aloud the victim impact statement at a sentencing hearing, on the application of the prosecutor or on its own motion, the court 10 may direct that alternative arrangements be made for the reading aloud of a victim impact statement under section 95F, including arrangements-- (a) permitting the victim impact statement 15 to be read aloud from a place other than the court room by means of a closed- circuit television or other facilities that enable communication between that place and the court room; 20 (b) using screens to remove the person reading the victim impact statement from the direct line of vision of the offender; (c) permitting a person, chosen by the 25 person reading the victim impact statement and approved by the court for this purpose, to be beside the person reading the victim impact statement while it is read aloud, for the purpose of 30 providing emotional support to the person reading the victim impact statement; (d) permitting only persons specified by the court to be present while the victim 35 impact statement is read aloud; (e) requiring legal practitioners not to robe. 561460B.I-23/3/2010 10 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 2--Victims of Crime s. 9 (2) The court may, on the application of the person who is to read aloud the victim impact statement, on the application of the prosecutor or on its own motion, revoke or 5 vary a direction made under subsection (1). (3) For the purposes of this section, the reading aloud of a victim impact statement includes the display of material included in the victim impact statement. 10 95H Alternative arrangements for examination (1) On the application of a victim or other person who gives evidence under section 95D or 95E, on the application of the prosecutor or on its own motion, the court 15 may direct that alternative arrangements be made for the examination and cross- examination of that person, including arrangements-- (a) permitting the person to be examined 20 and cross-examined from a place other than the court room by means of a closed-circuit television or other facilities that enable communication between that place and the court room; 25 (b) using screens to remove the person from the direct line of vision of the offender; (c) permitting a person, chosen by the person being examined and cross- 30 examined and approved by the court for this purpose, to be beside the person being examined and cross-examined during the examination and cross- examination, for the purpose of 35 providing emotional support for the 561460B.I-23/3/2010 11 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 2--Victims of Crime s. 10 person being examined and cross- examined; (d) permitting only persons specified by the court to be present while the person 5 is being examined and cross-examined; (e) requiring legal practitioners not to robe; (f) requiring legal practitioners to be seated while examining or cross- examining the person. 10 (2) The court may, on the application of a person who gives evidence under section 95D or 95E, on the application of the prosecutor or on its own motion, revoke or vary a direction made under subsection (1).". 15 10 Transitional provision At the end of Part 12 of the Sentencing Act 1991 insert-- "142 Transitional provision--Justice Legislation Amendment (Victims of Crime 20 Assistance and Other Matters) Act 2010 This Act as amended by sections 7, 8 and 9 of the Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 applies to a sentencing 25 hearing of a person for an offence irrespective of when the offence was committed, provided the sentencing hearing commences after those sections come into operation.". 561460B.I-23/3/2010 12 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 2--Victims of Crime s. 11 Division 3--Amendments to the Victims of Crime Assistance Act 1996 11 Definitions In section 3(1) of the Victims of Crime See: Act No. 5 Assistance Act 1996 insert the following 81/1996. definition-- Reprint No. 4 as at 1 December "judicial registrar has the same meaning as in the 2006 Magistrates' Court Act 1989;". and amending Act Nos 23/2006, 48/2006, 9/2007, 69/2007, 12/2008, 69/2009 and 6/2010. LawToday: www. legislation. vic.gov.au 12 Assistance available to primary victims 10 (1) In section 8(2)(d) of the Victims of Crime Assistance Act 1996, for "act of violence." substitute "act of violence;". (2) After section 8(2)(d) of the Victims of Crime Assistance Act 1996, insert-- 15 "(e) for safety-related expenses actually and reasonably incurred, or reasonably likely to be incurred, by the primary victim as a direct result of the act of violence.". (3) In section 8(4) of the Victims of Crime 20 Assistance Act 1996, for "subsection (2)(d) in the case of clothing" substitute "subsection (2)(d) or (e)". 561460B.I-23/3/2010 13 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 2--Victims of Crime s. 13 13 Delegation After section 24(2) of the Victims of Crime Assistance Act 1996 insert-- "(3) The Chief Magistrate may, for and on behalf 5 of the Tribunal, by instrument, delegate to a judicial registrar any power conferred on the Tribunal by or under this or any other Act, other than-- (a) the power to review a final decision of 10 the Tribunal; (b) this power of delegation.". 14 Review of Tribunal decisions After section 59(1) of the Victims of Crime Assistance Act 1996 insert-- 15 "(1A) A person may not apply under subsection (1) for review of a final decision if the final decision was made by a judicial registrar as a delegate of the Tribunal.". 15 Section 59A inserted 20 After section 59 of the Victims of Crime Assistance Act 1996 insert-- "59A Review of delegated Tribunal decisions (1) A person whose interests are affected by the relevant decision may apply to the Tribunal 25 for review of a final decision of the Tribunal made by a judicial registrar as a delegate of the Tribunal-- (a) refusing to make an award of assistance on an application under Division 2 of 30 Part 3; (b) determining the amount of assistance on an application under Division 2 of Part 3; 561460B.I-23/3/2010 14 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 2--Victims of Crime s. 16 (c) refusing to vary an award under section 60; (d) determining the amount of assistance on an application for variation under 5 section 60; (e) determining under section 62(2) that a person is required to make a refund, or determining the amount of that refund. (2) A review under this section is to be 10 conducted as a hearing de novo. Note For the circumstances in which a review may be conducted without a hearing, see section 33.". 16 New section 81 inserted 15 After section 80 of the Victims of Crime Assistance Act 1996 insert-- "81 Transitional provision--Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 20 An amendment of this Act made by section 12 of the Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 applies to proceedings in the Tribunal occurring on or 25 after the commencement of that section, irrespective of whether the application was made to the Tribunal before or after that commencement.". __________________ 561460B.I-23/3/2010 15 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 17 Stalking Intervention Orders Act 2008 PART 3--AMENDMENTS TO THE FAMILY VIOLENCE PROTECTION ACT 2008 AND STALKING INTERVENTION ORDERS ACT 2008 Division 1--Amendments to Family Violence Protection 5 Act 2008 17 Search of person and seizure of objects See: (1) In the heading to section 16 of the Family Act No. 52/2008 Violence Protection Act 2008, after "person" and insert "and seizure of objects". amending Act Nos 10 52/2008, (2) After section 16(2) of the Family Violence 51/2009, Protection Act 2008 insert-- 55/2009, 68/2009 and "(2A) If the police officer finds any object that may 69/2009. LawToday: cause injury or damage or may be used to www. escape, the police officer may-- legislation. 15 vic.gov.au (a) if the object is a firearm, weapon or ammunition, issue a direction under section 158; or (b) in the case of any other object, seize the object. 20 (2B) An object seized under subsection (2A)(b) must be returned to the person when the direction ends or, if the person is detained, the authorisation for detention ends, unless the object is required as evidence in further 25 proceedings under this Act or another Act.". 18 Court may make interim order (1) In section 53(1)(a)(iii) of the Family Violence Protection Act 2008, after "child" insert "(whether or not the child is an affected family 30 member)". 561460B.I-23/3/2010 16 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 19 Stalking Intervention Orders Act 2008 (2) After the note at the foot of section 53(1) of the Family Violence Protection Act 2008 insert-- "(1A) Before making an interim order under subsection (1), the court must consider 5 whether there are any children who have been subjected to family violence committed by the respondent. (1B) If the court decides to make an order to protect a child under subsection (1)(a)(iii), 10 the court may-- (a) if the child's need for protection is substantially the same as that of the affected family member--include the child as a protected person in making 15 the order under subsection (1); or (b) otherwise--make a separate interim order under subsection (1) for the child as a protected person. (1C) The court may make an order under 20 subsection (1)(b)-- (a) without being satisfied as to any matter referred to in subsection (1)(a) or (1)(c); and (b) whether or not the respondent admits to 25 any or all of the particulars of the application.". 19 Evidentiary requirements for making interim orders (1) For the heading to section 55 of the Family 30 Violence Protection Act 2008 substitute-- "Evidentiary requirements for making interim orders". 561460B.I-23/3/2010 17 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 20 Stalking Intervention Orders Act 2008 (2) In section 55(1) of the Family Violence Protection Act 2008-- (a) in paragraph (b), for "paragraph (a)." substitute "paragraph (a); or"; 5 (b) after paragraph (b) insert-- "(c) the application is made by the issue of a family violence safety notice that was certified in accordance with section 153(1).". 10 (3) In section 55(2) of the Family Violence Protection Act 2008, after "subsection (1)(a)" insert "or (3)". (4) After section 55(2) of the Family Violence Protection Act 2008 insert-- 15 "(3) If the application is made by issue of a family violence safety notice that was certified in accordance with section 153(1), the court, if deciding under section 65(3) whether to refuse to admit or limit the use to 20 be made of the family violence safety notice, must first consider whether it is reasonably practicable to obtain oral evidence or affidavit evidence.". 20 Explanation of interim order 25 (1) For section 57(1)(c) of the Family Violence Protection Act 2008 substitute-- "(c) when the interim order expires and the means by which the interim order may be varied;". 30 (2) After section 57(2) of the Family Violence Protection Act 2008 insert-- "(2A) Despite subsection (2)(a), the appropriate registrar is not required to give the protected person or respondent an oral explanation if 561460B.I-23/3/2010 18 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 21 Stalking Intervention Orders Act 2008 the registrar is satisfied that, on making the order, the magistrate gave the protected person or respondent a clear oral explanation of the matters set out in subsection (1).". 5 21 New Division 3A of Part 4 inserted At the end of Division 3 of Part 4 of the Family Violence Protection Act 2008 insert-- "Division 3A--Assessment reports in proceedings in the Children's Court 10 73A Children's Court may order assessment of respondent or affected family member (1) In a proceeding for a family violence intervention order or the variation or revocation of a family violence intervention 15 order the Children's Court may order the Secretary to provide an assessment report in respect of a respondent or an affected family member or protected person. (2) The Children's Court must not make an order 20 under subsection (1) unless the person in respect of whom the report will be prepared-- (a) if that person is a child, has legal representation; and 25 (b) in any case, consents to the making of the order. 73B Notification of requirement to submit assessment report If the Children's Court orders the Secretary 30 to submit an assessment report, the registrar at the venue of the Court at which the order is made must, within one working day after the making of the order-- 561460B.I-23/3/2010 19 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 21 Stalking Intervention Orders Act 2008 (a) orally notify him or her of the making of the order; and (b) forward a copy of the order to him or her. 5 73C Warning to be given to persons being interviewed The author of an assessment report must at the beginning of any interview being conducted by him or her in the course of 10 preparing the report inform the person being interviewed that any information that he or she gives may be included in the report. 73D Disputed report (1) If any matter in an assessment report is 15 disputed by the person who is the subject of the report, the Children's Court must not take the disputed matter into consideration when deciding whether to make a family violence intervention order unless satisfied that the 20 matter is true on the balance of probabilities. (2) If-- (a) an assessment report, or any part of it, is disputed by the person who is the subject of the report; and 25 (b) the author of the report does not attend the hearing of the proceeding despite having been required to attend under section 73G(1)-- the Children's Court must not take the report 30 or the part in dispute into consideration when determining the proceeding unless the person consents to the report or the part in dispute being admitted into evidence. 561460B.I-23/3/2010 20 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 21 Stalking Intervention Orders Act 2008 73E Content of assessment report An assessment report must include-- (a) the matters that the Children's Court considers relevant to the proceeding, 5 including any psychological or psychiatric assessment of the person who is the subject of the report; and (b) any other matter that the Children's Court directs to be included. 10 73F Secretary to forward report to Children's Court (1) If the Children's Court orders the Secretary to submit an assessment report to the court, he or she must do so within 21 days and not 15 less than 3 working days before the hearing. (2) If the Secretary is of the opinion that information contained in the report will be or may be prejudicial to the physical or mental health of the person who is the subject of the 20 report, the Secretary may forward a statement to the Children's Court to that effect with the report. 73G Attendance at court of author of assessment report 25 (1) The author of an assessment report ordered under section 73A may be required to attend to give evidence at the hearing of the proceeding by a notice given in accordance with subsection (2) by-- 30 (a) the person in respect of whom the report has been prepared; or (b) with the leave of the court, a party to the proceeding; or (c) the Children's Court. 561460B.I-23/3/2010 21 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 21 Stalking Intervention Orders Act 2008 (2) A notice under subsection (1) must be-- (a) in writing; and (b) filed with the appropriate registrar at the proper venue of the court as soon as 5 possible and, if practicable, not later than 2 working days before the hearing. (3) On the filing of a notice under subsection (1), the registrar must immediately notify the author of the report that his or her attendance 10 is required on the return date. (4) A person is guilty of contempt of court if, being the author of a report who has been required to attend the Children's Court under subsection (1), he or she fails, without 15 sufficient excuse, to attend as required. (5) The author of a report who has been required under subsection (1) by the person or a party to attend at the hearing of a proceeding-- (a) must, if required by the person or party 20 (as the case requires), be called as a witness; and (b) if called as a witness, may be cross- examined on the contents of the report by the person or a party, whether or not 25 that person required the author of the report to attend. 73H Confidentiality of assessment reports (1) The Children's Court may impose conditions on access to an assessment report, including 30 conditions about who can access the report or part of the report. (2) Subject to any contrary direction by the court, a person who prepares or receives or otherwise is given or has access to an 35 assessment report, or any part of such a 561460B.I-23/3/2010 22 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 22 Stalking Intervention Orders Act 2008 report, must not, without the consent of the person who is the subject of the report, disclose any information contained in that report or part report (as the case requires) to 5 any person who is not entitled to receive or have access to that report or that part (as the case requires). Penalty: 10 penalty units. (3) A reference in this section to a report 10 includes a reference to a copy of a report.". 22 Consent orders (1) For sections 78(1) and 78(2) of the Family Violence Protection Act 2008 substitute-- "(1) If the parties to a proceeding for a final 15 order, or the variation, extension or revocation of a final order, consent to the making of the order or do not oppose the making of the order, the court may make the order-- 20 (a) without being satisfied as to any matter referred to in-- (i) section 74 or 76; or (ii) in the case of a proceeding for a variation, revocation or extension 25 of a final order, section 100 or 106; and (b) whether or not the respondent admits to any or all of the particulars of the application. 30 (2) However, if the respondent is a child the court may-- (a) make a final order to which the parties consent or have not opposed only if the court is satisfied as to all relevant 561460B.I-23/3/2010 23 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 23 Stalking Intervention Orders Act 2008 matters referred to in section 74 or 76; or (b) in the case of a proceeding for a variation, revocation or extension of a 5 final order, make an order varying, revoking or extending the final order to which the parties consent or have not opposed only if the court is satisfied as to all relevant matters referred to in 10 section 100 or 106.". (2) In section 78(3) of the Family Violence Protection Act 2008, after "family violence intervention order" insert "or for the variation, revocation or extension of the family violence 15 intervention order". (3) In section 78(4) of the Family Violence Protection Act 2008, after "final order" insert "or varying, revoking or extending a final order". (4) In section 78(5) of the Family Violence 20 Protection Act 2008, for "final order" substitute "final order, or an order varying, revoking or extending a final order,". (5) At the end of section 78 of the Family Violence Protection Act 2008 insert-- 25 "(7) Sections 102, 103, 104 and 105 continue to apply in relation to any children of the affected family member or the respondent, whether or not the court decides to make an order varying, revoking or extending a final 30 order under subsection (1).". 23 Decision about contact with a child In section 91(1) of the Family Violence Protection Act 2008, for "will jeopardise" substitute "will or may jeopardise". 561460B.I-23/3/2010 24 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 24 Stalking Intervention Orders Act 2008 24 Conditions about arrangements for contact with child if not Family Law Act order After the note at the foot of section 92(3) of the Family Violence Protection Act 2008 insert-- 5 "(4) Despite subsection (1), the court does not have to include the conditions specified in that subsection if the protected person, the respondent and any child of the protected person or the respondent live together.". 10 25 Power of the court to vary or revoke family violence intervention order In section 100(1)(b) of the Family Violence Protection Act 2008, for "section 77(2)" substitute "section 53(1)(a)(iii) in relation to a 15 child who was not an affected family member or section 77(2)". 26 Court may make interim order on application for variation of family violence intervention order At the foot of section 101(2) of the Family 20 Violence Protection Act 2008 insert-- "Note Division 1 applies to applications for variations, revocations or extensions of family violence intervention orders. See the definition of family violence intervention order in 25 section 11.". 27 Further application for variation etc. in respect of child In section 105(2) of the Family Violence Protection Act 2008, for "section 77(2)" 30 substitute "section 53(1)(a)(iii) or 77(2)". 561460B.I-23/3/2010 25 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 28 Stalking Intervention Orders Act 2008 28 Section 107 substituted For section 107 of the Family Violence Protection Act 2008 substitute-- "107 Interim extension order 5 (1) If a person applies for an extension of a final order before the expiry of the order and the respondent has not yet been served with notice of the application, the court may, if it considers necessary, make an interim order 10 in the absence of the respondent extending the final order (an interim extension order). (2) An interim extension order expires 28 days after it is made, unless the respondent is earlier served with the notice of the 15 application and a copy of the interim extension order. (3) The court may make more than one interim extension order if it has not been possible to serve the respondent with notice of the 20 application and a copy of the interim extension order. (4) If, within 28 days of making the interim extension order, the respondent is served with notice of the application and a copy of 25 the interim extension order, the interim extension order remains in force until-- (a) if the court extends the final order and the final order includes an order that the interim extension order continues until 30 the final order is served on the respondent, when the final order is served on the respondent; or (b) if the court extends the final order and the final order does not include an order 35 about the interim extension order continuing as referred to in 561460B.I-23/3/2010 26 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 29 Stalking Intervention Orders Act 2008 paragraph (a), at the time the final order is made; or (c) if the court refuses to extend the final order in relation to the application, at 5 the time of the court's refusal; or (d) if the interim extension order is revoked by the court, at the time of the revocation; or (e) if the application for the extension of 10 the final order is withdrawn, at the time of the withdrawal.". 29 Rehearing of certain proceeding For section 122(1) of the Family Violence Protection Act 2008 substitute-- 15 "(1) A relevant person may, in accordance with the rules, apply to the court for a rehearing of the proceeding only if-- (a) the application for the order-- (i) was not personally served on the 20 respondent; and (ii) was not brought to the respondent's attention under an order for substituted service; or (b) there are exceptional circumstances and 25 a rehearing is fair and just in all the circumstances of the case.". 30 Warrants to search premises and vehicles In section 160(1) of the Family Violence Protection Act 2008, for "particular premises or a 30 vehicle" substitute "particular premises (including any vehicle on or in those premises) or a particular vehicle located in a public place". 561460B.I-23/3/2010 27 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 31 Stalking Intervention Orders Act 2008 31 Announcement before entry (1) For section 161(1) of the Family Violence Protection Act 2008 substitute-- "(1) Before executing a search warrant, the police 5 officer named in the warrant or person assisting must-- (a) announce that he or she is authorised by warrant to enter the premises or the vehicle located in a public place, as the 10 case requires; and (b) give any person at the premises or on or in the vehicle an opportunity to allow entry to the premises or the vehicle.". (2) In section 161(2) of the Family Violence 15 Protection Act 2008, after "premises" insert "or vehicle". (3) In section 161(3) of the Family Violence Protection Act 2008, after "premises" insert "or a vehicle". 20 (4) After section 161(3) of the Family Violence Protection Act 2008 insert-- "(4) To avoid doubt, the authority given by subsection (3) is in addition to any authority given by section 78(1)(b) of the 25 Magistrates' Court Act 1989.". 32 Copy of warrant to be given to occupier At the end of section 162 of the Family Violence Protection Act 2008 insert-- "(2) If there is a person in charge of the vehicle 30 located in a public place when a search warrant is being executed, the police officer must-- (a) identify himself or herself to the person as a police officer; and 561460B.I-23/3/2010 28 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 33 Stalking Intervention Orders Act 2008 (b) give that person a copy of the execution copy of the warrant.". 33 New section 171A inserted After section 171 of the Family Violence 5 Protection Act 2008 insert-- "171A Relationship with the Stalking Intervention Orders Act 2008 (1) Any number of applications for family violence intervention orders may be heard 10 together with any number of applications under the Stalking Intervention Orders Act 2008 for stalking intervention orders if the court considers that-- (a) the applications are sufficiently related; 15 and (b) it is appropriate for the applications to be heard together. (2) The decision under subsection (1) to hear applications for family violence intervention 20 orders and stalking intervention orders together may be made-- (a) on the application of the applicants or the respondents; or (b) on the court's own initiative if the court 25 considers it in the interests of justice to do so. (3) In this section, stalking intervention order means an intervention order within the meaning of the Stalking Intervention 30 Orders Act 2008.". 561460B.I-23/3/2010 29 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 34 Stalking Intervention Orders Act 2008 34 Family violence intervention orders prevail over child protection orders In section 173(2) of the Family Violence Protection Act 2008, after "protected person" 5 insert "or respondent". 35 Service of family violence intervention orders In section 201(c)(iv) of the Family Violence Protection Act 2008, for "section 77(2)" substitute "section 53(1)(a)(iii), 77(2),". 10 36 Statute law revision In section 83(5) of the Family Violence Protection Act 2008, for "exclusion order" substitute "exclusion condition". 37 New Division 5 of Part 14 inserted 15 After Division 4 of Part 14 of the Family Violence Protection Act 2008 insert-- "Division 5--Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 20 224B Transitional provision--Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 (1) Despite the commencement of section 28 of the Justice Legislation Amendment 25 (Victims of Crime Assistance and Other Matters) Act 2010, section 107, as in force before that commencement, continues to apply to an interim order made under section 107 before that commencement. 30 (2) Despite the commencement of section 29 of the Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010, section 122, as in force 561460B.I-23/3/2010 30 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 38 Stalking Intervention Orders Act 2008 immediately before that commencement, continues to apply in respect of an application for a rehearing that was made but not determined before that commencement. 5 (3) Section 171A does not apply to a hearing in a proceeding that commenced before the day section 33 of the Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 commenced 10 and that-- (a) continued on or after that day; or (b) was adjourned until that day or a day after that day.". Division 2--Amendments to Stalking Intervention Orders 15 Act 2008 38 Warrants to search premises and vehicles In section 37(1) of the Stalking Intervention See: Act No. Orders Act 2008, for "particular premises or a 68/2008 vehicle" substitute "particular premises and amending 20 (including any vehicle on or in those premises) or Act Nos a particular vehicle located in a public place". 55/2009 and 69/2009. LawToday: www. legislation. vic.gov.au 39 Announcement before entry (1) For section 38(1) of the Stalking Intervention Orders Act 2008 substitute-- 25 "(1) Before executing a search warrant, the police officer named in the warrant or person assisting must-- 561460B.I-23/3/2010 31 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 3--Amendments to the Family Violence Protection Act 2008 and s. 40 Stalking Intervention Orders Act 2008 (a) announce that he or she is authorised by warrant to enter the premises or the vehicle located in a public place, as the case requires; and 5 (b) give any person at the premises or on or in the vehicle an opportunity to allow entry to the premises or the vehicle.". (2) In section 38(2) of the Stalking Intervention Orders Act 2008, after "premises" insert 10 "or vehicle". (3) In section 38(3) of the Stalking Intervention Orders Act 2008, after "premises" insert "or a vehicle". (4) After section 38(3) of the Stalking Intervention 15 Orders Act 2008 insert-- "(4) To avoid doubt, the authority given by subsection (3) is in addition to any authority given by section 78(1)(b) of the Magistrates' Court Act 1989.". 20 40 Copy of warrant to be given to occupier At the end of section 39 of the Stalking Intervention Orders Act 2008 insert-- "(2) If there is a person in charge of the vehicle located in a public place when a search 25 warrant is being executed, the police officer must-- (a) identify himself or herself to the person as a police officer; and (b) give that person a copy of the execution 30 copy of the warrant.". __________________ 561460B.I-23/3/2010 32 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 4--Infringement Notices Served on Children s. 41 PART 4--INFRINGEMENT NOTICES SERVED ON CHILDREN Division 1--Amendments to the Infringements Act 2006 41 Decision to go to Court--lodgeable infringement 5 offences In section 40(4) of the Infringements Act 2006, after "committed by a child and" insert ", subject to section 40AA,". 42 New section 40AA inserted in Part 2 10 After section 40 of the Infringements Act 2006 See: Act No. insert-- 12/2006. Reprint No. 2 "40AA Decision to go to Court--children as at 1 July 2008 (1) If-- and amending (a) a child elects under this Part to have the Act Nos 30/2007, 15 matter of an infringement offence that 44/2008, is a summary offence heard and 68/2009 and 87/2009. determined in the Children's Court; or LawToday: www. (b) an enforcement agency withdraws an legislation. vic.gov.au infringement notice issued in respect of 20 a summary offence for the matter to be dealt with in the Children's Court-- the enforcement agency may file a charge- sheet in the Children's Court in respect of the offence for which the infringement notice 25 was issued not later than 6 months after the date on which the election is made or the infringement notice is withdrawn or 12 months after the date of the alleged offence (whichever is the earlier). 561460B.I-23/3/2010 33 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 4--Infringement Notices Served on Children s. 43 (2) Subsection (1) has effect despite section 344A of the Children, Youth and Families Act 2005 or any other provision of any Act or other instrument providing for the period 5 during which proceedings must be commenced for an offence alleged to have been committed.". 43 Payment plans may extend period for bringing proceedings for offence 10 In section 53(2) of the Infringements Act 2006, after "Criminal Procedure Act 2009" insert ", section 344A of the Children, Youth and Families Act 2005". 44 New section 211 inserted 15 After section 210 of the Infringements Act 2006 insert-- "211 Transitional provision--Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 20 This Act as amended by Division 1 of Part 4 of the Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 applies to an infringement offence alleged to have been 25 committed-- (a) on or after the commencement of Division 1 of Part 4 of that Act; or (b) on or after 1 January 2010 and not more than 6 months before the 30 commencement of Division 1 of Part 4 of that Act.". 561460B.I-23/3/2010 34 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 4--Infringement Notices Served on Children s. 45 Division 2--Amendments to the Children, Youth and Families Act 2005 45 Time limits for filing a charge-sheet At the foot of section 344A of the Children, See: Act No. 5 Youth and Families Act 2005 insert-- 96/2005. Reprint No. 2 "Note as at 19 August Sections 40AA and 53 of the Infringements Act 2006 and 2009 Part 4 of Schedule 3 to this Act also provide for the and extension of the period in which a proceeding may be amending Act Nos 10 commenced in respect of an offence for which an 51/2006, infringement notice was issued.". 77/2008, 4/2009, 7/2009, 22/2009, 26/2009, 50/2009, 68/2009, 69/2009 and 6/2010. LawToday: www. legislation. vic.gov.au 46 New section 617 inserted At the end of Part 8.6 of Chapter 8 of the Children, Youth and Families Act 2005 15 insert-- "617 Transitional provision--Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 This Act as amended by Division 2 of Part 4 20 of the Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 applies to a summary offence alleged to have been committed-- (a) on or after the commencement of 25 Division 2 of Part 4 of that Act; or 561460B.I-23/3/2010 35 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 4--Infringement Notices Served on Children s. 47 (b) on or after 1 January 2010 and not more than 6 months before the commencement of Division 2 of Part 4 of that Act.". 5 47 New Part 4 inserted in Schedule 3 After Part 3 of Schedule 3 to the Children, Youth and Families Act 2005 insert-- "PART 4--EXTENSION OF TIME FOR COMMENCING PROCEEDING 10 17 Decision to go to Court (1) A proceeding in respect of a summary offence for which an infringement notice was issued may be commenced-- (a) in accordance with section 344A; or 15 (b) in accordance with section 40AA or 53 of the Infringements Act 2006; or (c) if, under clause 6(5)(b) or 8(3)(a), the registrar cancels the registration of an infringement penalty and remits the 20 relevant infringement notice to the enforcement agency, within 6 months after the date of cancellation of the registration of the infringement penalty or 12 months after the date of the 25 alleged offence (whichever is the earlier); or (d) if the registrar cancels an infringement notice under Part 3 of this Schedule and a new infringement notice is served on 30 the child, within 6 months after the date of cancellation of the cancelled infringement notice or 12 months after the date of the alleged offence (whichever is the earlier); or 561460B.I-23/3/2010 36 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 4--Infringement Notices Served on Children s. 47 (e) if a person has nominated the child for an offence committed under the Road Safety Act 1986, the Melbourne City Link Act 1995 or the EastLink 5 Project Act 2004, within 6 months after the date of service of the infringement notice on the child or 12 months after the date of the alleged offence (whichever is the earlier); or 10 (f) if a nomination of a kind specified in paragraph (e) is made and subsequently cancelled under section 84BF(1) of the Road Safety Act 1986 so that liability reverts to the person who made the 15 nomination, within 6 months after the date of cancellation of the nomination or 12 months after the date of the alleged offence (whichever is the earlier); or 20 (g) subject to paragraph (e), if the offence is against section 204 of the EastLink Project Act 2004, within 6 months after the date of service of the infringement notice under section 25 210(1) of that Act or 12 months after the date of the alleged offence (whichever is the earlier); or (h) subject to paragraph (e), if the offence is against section 73 of the Melbourne 30 City Link Act 1995, within 6 months after the date of service of the infringement notice under section 80(1) of that Act or 12 months after the date of the alleged offence (whichever is the 35 earlier). 561460B.I-23/3/2010 37 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 4--Infringement Notices Served on Children s. 47 (2) Subclause (1) has effect despite section 344A or any other provision of any Act or other instrument providing for the period during which a proceeding may be 5 commenced for an offence alleged to have been committed.". __________________ 561460B.I-23/3/2010 38 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 5--Provisions Related to Liquor and Disorderly Conduct s. 48 PART 5--PROVISIONS RELATED TO LIQUOR AND DISORDERLY CONDUCT Division 1--Amendments to Liquor Control Reform Act 1998 5 48 Infringement penalty for offence of failing to leave licensed premises At the end of section 144 of the Liquor Control See: Act No. Reform Act 1998 insert-- 94/1998. Reprint No. 4 "(5) Despite subsection (1), the infringement as at 22 May 2008 10 penalty for an offence against section 114(2) and is 4 penalty units.". amending Act Nos 72/2007, 4/2008, 9/2008, 12/2008, 21/2008, 2/2009, 8/2009, 59/2009, 68/2009 and 88/2009. LawToday: www. legislation. vic.gov.au 49 Period of operation of banning notices In section 148B(2) of the Liquor Control Reform Act 1998 for "24 hours" substitute 15 "72 hours". 561460B.I-23/3/2010 39 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 5--Provisions Related to Liquor and Disorderly Conduct s. 50 Division 2--Amendments to Summary Offences Act 1966 50 Penalty for persons found drunk See: In section 13 of the Summary Offences Act 1966 Act No. 7405. for "4 penalty units" substitute "8 penalty units". Reprint No. 10 as at 1 January 2009 and amending Act Nos 9/2008, 46/2008, 1/2009, 7/2009, 68/2009 and 92/2009. LawToday: www. legislation. vic.gov.au 5 51 Penalty for persons found drunk and disorderly In section 14 of the Summary Offences Act 1966 for "5 penalty units" (where twice occurring) substitute "10 penalty units". 52 Penalty for disorderly conduct 10 In section 17A of the Summary Offences Act 1966 for "5 penalty units" substitute "10 penalty units". 53 Infringement penalties for drunk and disorderly offences 15 For sections 60AB(2) and (3) of the Summary Offences Act 1966 substitute-- "(2) Despite subsection (1)-- (a) the infringement penalty for an alleged offence against section 9(1)(c) or 20 17(1)(c) for which an infringement notice may be served is 2 penalty units; and 561460B.I-23/3/2010 40 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 5--Provisions Related to Liquor and Disorderly Conduct s. 53 (b) the infringement penalty for an alleged offence against section 17(1)(d) for which an infringement notice may be served is 4 penalty units. 5 (3) Despite subsection (1) the infringement penalty for an alleged offence against section 6 for which an infringement notice may be served is 2 penalty units. (4) Despite subsection (1) the infringement 10 penalty for an alleged offence against section 13, 14 or 17A for which an infringement notice may be served is 4 penalty units.". __________________ 561460B.I-23/3/2010 41 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Part 6--Repeal of Amending Act s. 54 PART 6--REPEAL OF AMENDING ACT 54 Repeal of amending Act This Act is repealed on 1 January 2012. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 561460B.I-23/3/2010 42 BILL LA INTRODUCTION 23/3/2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Bill 2010 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561460B.I-23/3/2010 43 BILL LA INTRODUCTION 23/3/2010

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