Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010

No. 18 of 2010

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Victims of Crime

Division 1—Amendments to the Children, Youth and Families Act2005

3Definitions

4Victim impact statements

5New sections 359A and 359B inserted

359AAlternative arrangements for reading aloud of victim impact statement

359BAlternative arrangements for examination

6Transitional provision

Division 2—Amendments to the Sentencing Act 1991

7Contents of victim impact statement

8Reading aloud of victim impact statement

9New sections 95G and 95H inserted

95GAlternative arrangements for reading aloud of victim impact statement

95HAlternative arrangements for examination

10Transitional provision

142Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and
Other Matters) Act2010

Division 3—Amendments to the Victims of Crime Assistance Act1996

11Definitions

12Assistance available to primary victims

13Delegation

14Review of Tribunal decisions

15Section 59A inserted

59AReview of delegated Tribunal decisions

16New section 81 inserted

81Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and
Other Matters) Act2010

Part 3—Amendments to the Family Violence Protection Act 2008 and Stalking Intervention Orders Act 2008

Division 1—Amendments to Family Violence Protection Act2008

17Search of person and seizure of objects

18Court may make interim order

19Evidentiary requirements for making interim orders

20Explanation of interim order

21New Division 3A of Part 4 inserted

Division 3A—Assessment reports in proceedings in the Children's Court

73AChildren's Court may order assessment of respondent
or affected family member

73BNotification of requirement to submit assessment
report

73CWarning to be given to persons being interviewed

73DDisputed report

73EContent of assessment report

73FSecretary to forward report to Children's Court

73GAttendance at court of author of assessment report

73HConfidentiality of assessment reports

22Consent orders

23Decision about contact with a child

24Conditions about arrangements for contact with child if not Family Law Act order

25Power of the court to vary or revoke family violence
intervention order

26Court may make interim order on application for variation of family violence intervention order

27Further application for variation etc. in respect of child

28Section 107 substituted

107Interim extension order

29Rehearing of certain proceeding

30Warrants to search premises and vehicles

31Announcement before entry

32Copy of warrant to be given to occupier

33New section 171A inserted

171ARelationship with the Stalking Intervention Orders Act2008

34Family violence intervention orders prevail over child
protection orders

35Service of family violence intervention orders

36Statute law revision

37New Division 5 of Part 14 inserted

Division 5—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act2010

224BTransitional provision—Justice Legislation Amendment (Victims of Crime Assistance and
Other Matters) Act2010

Division 2—Amendments to Stalking Intervention Orders Act2008

38Warrants to search premises and vehicles

39Announcement before entry

40Copy of warrant to be given to occupier

Part 4—Infringement Notices Served on Children

Division 1—Amendments to the Infringements Act2006

41Decision to go to Court—lodgeable infringement offences

42New section 40AA inserted in Part 2

40AADecision to go to Court—children

43Payment plans may extend period for bringing proceedings for offence

44New section 211 inserted

211Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and
Other Matters) Act2010

Division 2—Amendments to the Children, Youth and Families Act2005

45Time limits for filing a charge-sheet

46New section 617 inserted

617Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and
Other Matters) Act2010

47New Part 4 inserted in Schedule 3

Part 4—Extension of Time for Commencing Proceeding

17Decision to go to Court

Part 5—Provisions Related to Liquor and Disorderly Conduct

Division 1—Amendments to Liquor Control Reform Act1998

48Infringement penalty for offence of failing to leave licensed premises

49Period of operation of banning notices

Division 2—Amendments to Summary Offences Act1966

50Penalty for persons found drunk

51Penalty for persons found drunk and disorderly

52Penalty for disorderly conduct

53Infringement penalties for drunk and disorderly offences

Part 6—Repeal of Amending Act

54Repeal of amending Act

═══════════════

Endnotes

SectionPage

Victoria

SectionPage

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010[†]

No. 18 of 2010

[Assented to 18 May 2010]

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010
No. 18 of 2010

The Parliament of Victoriaenacts:

Part 6—Repeal of Amending Act

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010
No. 18 of 2010

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Children, Youth and Families Act 2005 in relation to victim impact statements; and

(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

(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

(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 infringement notice; and

(f) to make consequential amendments to the Stalking Intervention Orders Act 2008; and

(g)to amend the Liquor Control Reform Act 1998to 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 1966to increase penalties and infringement penalties for certain offences relating to drunkenness and disorderly conduct.

2Commencement

s. 2

(1)This Part and Part 4 come into operation on the 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.

(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.

s. 2

______

Part 2—Victims of Crime

Division 1—Amendments to the Children, Youth and Families Act2005

3Definitions

s. 3

See:
Act No.
96/2005.
Reprint No. 2
as at
19 August 2009
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

In the definition of victim in section 3(1) of the Children, Youth and Families Act 2005, after "damage" (where first occurring) insert "(including grief, distress, trauma or other significant adverse effect)".

4Victim impact statements

(1)After section 359(4) of the Children, Youth and Families Act 2005insert—

"(4A) A victim impact statement may include photographs, drawings or poems and other 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.".

(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 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 making the requestwho 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.

s. 4

(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 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 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 thatperson as to which admissible parts of the victim impact statement are appropriate and relevant to sentencing.".

5New sections 359A and 359B inserted

s. 5

After section 359 of the Children, Youth and Families Act 2005 insert—

"359A Alternative arrangements for reading aloud of victim impact statement

(1)On the application of the personwho 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 may direct that alternative arrangements be made for the reading aloud of a victim impact statement under section359, including arrangements—

(a)permitting the victim impact statement 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;

(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 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 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 impact statement is read aloud.

(2)The Court may, on the application of the person who is to read aloud the victimimpact statement, on the application ofthe prosecutor or on its own motion, revoke or 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.

359BAlternative arrangements for examination

s. 5

(1)On the application of a person who gives evidence under section359(7) or (9), on the application of the prosecutor or on its own motion, the Court 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 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;

(b)using screens to remove the person 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 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 person being examined and cross-examined;

(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 person who gives evidence under section359(7) or (9), on the application of the prosecutor or on its own motion, revoke or vary a direction made under subsection(1).".

6Transitional provision

s. 6

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 (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 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

7Contents 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 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.".

8Reading aloud of victim impact statement

s. 8

See:
Act No.
49/1991.
Reprint No. 11 as at
15 January 2009
and amending
Act Nos
46/2008, 7/2009, 22/2009, 68/2009, 69/2009, 77/2009, 87/2009, 91/2009 and 93/2009.
LawToday:
www.
legislation.
vic.gov.au

For section 95F(1) of the Sentencing Act 1991substitute—

"(1) A person who has made a victim impact statement may request that any part of that 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 making the requestwho 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.

(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 that any admissible parts of the victim 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 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 request or the person chosen by thatperson as to which admissible parts of the victim impact statement are appropriate and relevant to sentencing.".

9New sections 95G and 95H inserted

s. 9

After section 95F of the Sentencing Act 1991 insert—

"95G Alternative arrangements for reading 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 may direct that alternative arrangements be made for the reading aloud of a victim impact statement under section95F, including arrangements—

(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 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 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 impact statement is read aloud;

(e)requiring legal practitioners not to robe.

(2)The court may, on the application of the person who is to read aloud the victimimpact statement, on the application of the prosecutor or on its own motion, revoke or 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.

95HAlternative arrangements for examination

s. 9

(1)On the application of a victim or other person who gives evidence under section95D or 95E, on the application of the prosecutor or on its own motion, the court may direct that alternative arrangements be made for the examination and cross-examination of that person, including arrangements—

(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-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 providing emotional support for the person being examined and cross-examined;

(d)permitting only persons specified by the court to be present while the person 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.

(2)The court may, on the application of a person who gives evidence under section95D or 95E, on the application of the prosecutor or on its own motion, revoke or vary a direction made under subsection(1).".

10Transitional provision

s. 10

At the end of Part 12 of the Sentencing Act 1991 insert—

"142 Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act2010

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 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.".

Division 3—Amendments to the Victims of Crime Assistance Act1996

11Definitions

s. 11

See:
Act No.
81/1996.
Reprint No. 4
as at
1 December 2006
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

In section 3(1) of the Victims of Crime Assistance Act 1996 insert the following definition—

"judicial registrar has the same meaning as in the Magistrates' Court Act 1989;".

12Assistance available to primary victims

(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—

"(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 Assistance Act 1996, for "subsection (2)(d) in the case of clothing" substitute "subsection (2)(d) or(e)".

13Delegation

s. 13

After section 24(2) of the Victims of Crime Assistance Act 1996 insert—

"(3)The Chief Magistrate may, for and on behalf 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 the Tribunal;

(b)this power of delegation.".

14Review of Tribunal decisions

After section 59(1) of the Victims of Crime Assistance Act 1996 insert—

"(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.".

15Section 59A inserted

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 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 Part3;

(b)determining the amount of assistance on an application under Division 2 of Part3;

(c)refusing to vary an award under section60;

(d)determining the amount of assistance on an application for variation under section60;

(e)determining under section 62(2) that a person is required to make a refund, or determining the amount of that refund.