Justice Legislation Amendment Act 2010
No. 30 of 2010
table of provisions
Section Page
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 4
Part 2—Amendment of Sentencing Act 1991 6
3 Definitions 6
4 Sentencing orders 7
5 Aggregate sentence of imprisonment 8
6 New section 14A inserted 8
14A Home detention direction by sentencing court 8
7 Time held in custody before trial etc. to be deducted from sentence 9
8 New section 18SA inserted 9
18SA Home detention condition when order is imposed 9
9 Section 18W substituted 10
18W Proceeding for contravention of combined custody
and treatment order 10
18WA Bringing a proceeding for contravention of combined custody treatment order—offender before a court 10
18WB Bringing of a proceeding for contravention of
combined custody and treatment order—offender not before a court 11
18WC Issue of a contravention summons or warrant to
arrest by a registrar 12
18WD Power to amend a contravention summons or
warrant to arrest 13
18WE Form of a contravention summons 13
18WF Extension of a return date for a contravention
summons 14
18WG Service of a contravention summons 14
18WH Issue of a warrant to arrest 14
18WI Unrepresented accused 15
18WJ Powers of court hearing a proceeding 15
18WK Practice and procedure at hearing 16
10 New section 18ZGA inserted 17
18ZGA Home detention condition when order is imposed 17
11 Subdivision (1D) of Division 2 of Part 3 repealed 17
12 New section 21A inserted 17
21A Home detention condition when order is imposed 17
13 Section 26 substituted 18
26 Proceeding for contravention of an intensive
correction order 18
26A Bringing a proceeding for contravention of an
intensive correction order—offender before a court 18
26B Bringing of a proceeding for contravention of an intensive correction order—offender not before a
court 19
26C Issue of a contravention summons or warrant to arrest
by a registrar 20
26D Power to amend a contravention summons or warrant
to arrest 21
26E Form of a contravention summons 21
26F Extension of a return date for a contravention summons 22
26G Service of a contravention summons 22
26H Issue of a warrant to arrest 22
26I Unrepresented accused 23
26J Powers of court on determination of proceeding 23
26K Practice and procedure at hearing 24
14 New Subdivision (2A) of Division 2 of Part 3 inserted 25
Subdivision (2A)—Home detention orders 25
26L Definitions 25
26M Home detention order 25
26N Circumstances where offender is ineligible for home detention 26
26O Circumstances where offender may be ineligible for home detention—certain previous convictions 29
26P Order not to be made if residents object 31
26Q Suitability of the offender for home detention 32
26R Conditions of home detention order not to contravene intervention order 34
26S Undertaking by offender 34
26T Obligations of offender 35
26U Core conditions governing home detention 35
26V Special conditions 39
26W Withdrawal of consent 40
26X Revocation of order on application by offender or Secretary 40
26Y Suspension of home detention order 41
26Z Variation of home detention order 42
26ZA Proceeding for contravention of an undertaking or a home detention order 43
26ZB Bringing a proceeding for contravention of a home detention order—offender before a court 44
26ZC Bringing of a proceeding for contravention of home detention order—offender not before a court 45
26ZD Issue of a contravention summons or warrant to arrest
by a registrar 46
26ZE Power to amend a contravention summons or warrant
to arrest 46
26ZF Form of a contravention summons 47
26ZG Extension of a return date for a contravention
summons 47
26ZH Service of a contravention summons 48
26ZI Issue of a warrant to arrest 48
26ZJ Unrepresented accused 48
26ZK Powers of court on determination of a contravention proceeding 49
26ZL Practice and procedure at hearing 50
26ZM Alternative sanction for minor breach of home
detention order 50
26ZN Reconsideration of revocation if approved residence available 51
26ZO Revocation of order by court 52
26ZP Expiry of home detention order 53
26ZQ Service of notices on offender 53
26ZR Annual report 53
15 New section 27A inserted 54
27A Home detention condition when order is imposed 54
16 Breach of suspended sentence 54
17 New section 41A inserted 55
41A Home detention condition when order is imposed 55
18 Substitution of section 47 55
47 Proceeding for contravention of community-based
order 55
47A Powers of the court on commencement of a
proceeding for contravention of an order 56
47B Bringing of a proceeding for contravention of a community-based order—offender not before a
court 57
47C Issue of a contravention summons or warrant to
arrest by a registrar 58
47D Power to amend a contravention summons or warrant
to arrest 58
47E Form of a contravention summons 59
47F Extension of a return date for a contravention
summons 59
47G Service of a contravention summons 60
47H Issue of a warrant to arrest 60
47I Unrepresented accused 60
47J Powers of court on determination of a contravention proceeding 61
47K Practice and procedure at hearing 62
47L Powers of the court where a community-based order is made in default of payment of a fine 62
19 Aggregate fines 63
20 Heading to Subdivision (4) of Division 5 of Part 3 63
21 New section 77A inserted 64
77A Definition 64
22 Substitution of section 79 64
79 Proceeding for contravention of order for release on adjournment 64
79A Bringing of proceeding for contravention of order
for release on adjournment—offender before a court 65
79B Bringing of proceeding for contravention of order for release on adjournment—offender not before a court 66
79C Issue of a contravention summons or warrant to arrest
by a registrar 66
79D Power to amend a contravention summons or warrant
to arrest 67
79E Form of a contravention summons 67
79F Extension of a return date for a contravention
summons 68
79G Service of a contravention summons 68
79H Issue of a warrant to arrest 69
79I Unrepresented accused 69
79J Powers of court on determination of a contravention proceeding 70
79K Practice and procedure at hearing 70
23 Insertion of new section at the end of Part 12 71
141 Transitional provision—Justice Legislation
Amendment Act 2010 71
24 Sentencing guidelines 73
25 Sentence by another judge or magistrate 73
26 Termination of assessment orders and diagnosis, assessment
and treatment orders 74
27 Restricted involuntary treatment orders 74
28 Contents of home detention assessment report 74
29 Regulations 74
Part 3—Amendment of Children, Youth and Families Act2005 75
30 Matters to be taken into account 75
31 Sentence discount for guilty plea 75
32 Determination of appeal by offender 76
33 Determination of DPP appeal against sentence 76
34 New Division 2A inserted in Part 5.4 76
Division 2A—Appeal by DPP—Failure to fulfil undertaking 76
429A DPP's right of appeal—failure to fulfil undertaking 76
429B How appeal is commenced 77
429C Determination of DPP's appeal—failure to fulfil undertaking 78
35 Abandonment of appeal 78
36 Appellant's failure to appear 79
37 Respondent's failure to appear on appeal by DPP 79
38 Application of Division 80
39 Right of appeal against sentence of detention imposed on
appeal from Children's Court 80
40 Orders etc. on successful appeal 80
41 Court to have powers of Magistrates' Court 80
42 Rules 80
43 New section 616 inserted 81
616 Transitional provision—Justice Legislation Amendment Act 2010 81
44 Statute law revision 81
Part 4—Amendments to Corrections Act 1986 83
Division 1—Amendments relating to home detention orders 83
45 Definitions 83
46 Victim may be given certain information about a prisoner 84
47 Substitute section 59 84
58F Definition 84
59 Home detention orders 84
48 Section 60A substituted 87
60A Circumstances where prisoner not eligible for home detention 87
60AB Circumstances where prisoner may be ineligible for home detention—certain previous convictions 90
49 Suitability of prisoner for home detention 92
50 New section 60DA inserted 92
60DA Conditions of home detention order not to contravene intervention order 92
51 Contents of home detention assessment report 93
52 Core conditions governing home detention 93
53 Functions of Board 93
54 New section 119 inserted 93
119 Transitional provision—Justice Legislation
Amendment Act 2010 93
Division 2—Statute law revision 94
55 Statute law revision 94
Part 5—Amendment of Criminal Procedure
Act2009 95
56 Commencement 95
57 Definition 95
58 When full brief must be served 96
59 Summary case conference 96
60 Transfer of summary offences that are related offences on or
after committal 96
61 Court may transfer certain charges to Magistrates' Court 97
62 New Division 4 inserted in Part 5.8 98
Division 4—Procedure on guilty plea or guilty verdict 98
253A Abolition of allocutus 98
253B When finding of guilt occurs 98
63 Abandonment of appeal 98
64 Appellant's failure to appear 99
65 Determination of application for leave during sentencing
hearing 99
66 Application of Division—alternative arrangements for
giving evidence 100
67 Jury warning concerning alternative arrangements 100
68 When court must direct use of closed-circuit television or
other facilities for complainant 100
69 When court must direct use of screens for complainant 100
70 When court must direct presence of support person for complainant 101
71 Personal service 101
72 Regulations 102
73 Repeal of sunset provision concerning sentence indications in Supreme Court and County Court 102
74 Persons who may witness statements in preliminary brief, full brief or hand-up brief 102
75 Transitional provisions—Trial 102
76 New section 440 inserted 104
440 Transitional provisions—Justice Legislation
Amendment Act2010 104
77 Statute law revision 105
Part 6—Amendment of Gambling Regulation Act2003 106
78 Publication and use approval 106
79 New section 2.5.19DA inserted 106
2.5.19DA Transitional race field publication and use fee 106
Part 7—Amendment to Miscellaneous Acts 109
Division 1—County Court Act 1958 109
80 Circumstances in which order may be made under section80 109
Division 2—Family Violence Protection Act 2008 109
81 Procedural requirements for person directed to a police
station, or person apprehended and detained 109
82 Application for family violence safety notice 110
83 New section 176A inserted 110
176A Relationship with certain orders under the
Sentencing Act 1991 and the Corrections
Act 1986 110
Division 3—Justice Legislation Miscellaneous Amendments
Act2009 111
84 Statute law revision—Justice Legislation Miscellaneous Amendments Act2009 111
Division 4—Magistrates' Court Act 1989 112
85 Extent of jurisdiction 112
86 Warrants 112
87 Power to close proceedings to the public 113
Division 5—Marine Act 1988 113
88 Appeal to the County Court 113
89 New Division 6 inserted in Part 11 114
Division 6—Transitional provision—Justice Legislation Amendment Act2010 114
160 Appeal against disqualification, cancellation,
suspension or variation 114
90 Statute law revision 114
Division 6—Road Safety Act 1986 115
91 Appeal to the County Court 115
92 New section 103ZA inserted 115
103ZA Transitional provision—Justice Legislation
Amendment Act 2010 115
Division 7—Stalking Intervention Orders Act 2008 116
93 New section 51A inserted 116
51A Relationship with certain orders under the
Sentencing Act1991 and the Corrections
Act1986 116
Division 8—Supreme Court Act 1986 117
94 Circumstances in which order may be made under section18 117
Part 8—Repeal of Amending Act 118
95 Repeal of amending Act 118
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Endnotes 119
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Victoria
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Section Page
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Justice Legislation Amendment Act 2010[(]
No. 30 of 2010
[Assented to 8 June 2010]
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Justice Legislation Amendment Act 2010
No. 30 of 2010
2
Justice Legislation Amendment Act 2010
No. 30 of 2010
The Parliament of Victoria enacts:
2
Part 8—Repeal of Amending Act
Justice Legislation Amendment Act 2010
No. 30 of 2010
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to amend the Sentencing Act 1991—
(i) in relation to aggregate sentences of imprisonment and aggregate fines imposed by the Supreme Court or the County Court for summary offences;
(ii) to repeal the offence for the breach of—
(A) a combined custody and treatment order;
(B) an intensive correction order;
(C) a community-based order; and
(D) an adjourned undertaking;
(iii) to make further provision for the enforcement of an order or sentence listed in paragraph (ii);
(iv) to make the necessary consequential and transitional provisions required on the repeal of the offence for breach of an order or sentence listed in paragraph(ii);
s. 1
(v) to make further provision for home detention orders;
(b) to amend the Children, Youth and Families Act 2005—
(i) in relation to the imposition of less severe sentences if an offender gives an undertaking to assist law enforcement authorities and to empower the Director of Public Prosecutions to appeal against such a sentence in the event of failure to fulfil an undertaking;
(ii) to expand the range of sentences that a court may impose on certain appeals against sentence;
(iii) to empower the prothonotary of the Supreme Court and the registrar of the County Court to issue warrants to detain in certain circumstances;
(iv) to remove the power of an appellate court to set aside an order striking out an appeal made when an appellant abandons an appeal;
(v) to remove references to aggregate sentences of detention;
(vi) to remove the requirement for the holding of a summary case conference if a preliminary brief is served on a child within 7 days after the filing of the charge-sheet;
(vii) to amend the rule-making power to enable the making of rules in relation to the Children and Young Persons Infringement Notice System;
(c) to amend the Corrections Act 1986 in relation to home detention orders;
(d) to amend the Criminal Procedure Act 2009—
s. 1
(i) in relation to summary case conferences;
(ii) in relation to the transfer of related summary offences on or after committal;
(iii) to enable the transfer of a charge for an indictable offence from the Supreme Court or the County Court to the Children's Court;
(iv) to abolish the common law procedure of administering the allocutus;
(v) to remove the power of the County Court to set aside an order striking out an appeal made when an appellant abandons an appeal;