Victorian Numbered Acts Victorian Numbered ActsAfter section 250A of the Accident Compensation Act 1985 insert —
(1) If proceedings are brought against the Crown for an offence against this Act or the Accident Compensation (WorkCover Insurance) Act 1993 or the regulations under those Acts, the responsible agency in respect of the offence may be specified in any document initiating, or relating to, the proceedings.
(2) In this section, the "responsible agency" in respect of an offence is the agency of the Crown—
(a) whose acts or omissions are alleged to constitute the offence; or
(b) if that agency has ceased to exist, that is the successor of that agency; or
(c) if that agency has ceased to exist and there is no clear successor, that the court declares to be the responsible agency.
(3) The responsible agency in respect of an offence is entitled to act in proceedings against the Crown for the offence and, subject to any relevant rules of court, the procedural rights and obligations of the Crown as the accused in the proceedings are conferred or imposed on the responsible agency.
(4) The person prosecuting the offence may change the responsible agency during the proceedings with the court's leave.
(1) In this section, "public body" means—
(a) a body corporate representing the Crown; or
(b) a State owned enterprise or reorganising body (within the meaning of the State Owned Enterprises Act 1992 ); or
(c) a Council (within the meaning of the Local Government Act 1989 ); or
(d) a public entity (within the meaning of the Public Administration Act 2004 ).
(2) Proceedings for an offence against this Act or the Accident Compensation (WorkCover Insurance) Act 1993 or the regulations under those Acts that were instituted against a public body before its dissolution, or that could have been instituted against a public body if not for its dissolution, may be continued or instituted against its successor if the successor is a public body.'.