Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

Authorised by the Chief Parliamentary Counsel Authorised Version i Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3 Part 2—Amendment of Children, Youth and Families Act 2005 4 3 Definitions 4 4 New Division 1A of Part 4.3 inserted 4 5 Report on child in need of therapeutic treatment 6 6 Section 244 substituted 7 7 When Court may make order under this Division 7 8 Therapeutic treatment order 7 9 Duration of order 8 10 Extension of order 8 11 Referral to Secretary 9 12 New section 352A inserted 9 13 Powers of Court in criminal proceedings if child accused voluntarily participates in therapeutic treatment program 10 Part 3—Amendment of Family Violence Protection Act 2008 11 14 Definitions 11 15 Meaning of family violence 11 16 Meaning of family violence intervention order, final order and interim order 12 17 How application is to be made 12 18 Section 44 repealed 13 19 Interim protection of child on court's own initiative—interim order not made for affected family member 13 20 Evidentiary requirements for making interim orders 14 21 Interim order made on electronic application 15 22 New Division 2A of Part 4 inserted 16 23 Protection of a child on court's own initiative—final order not made for affected family member or additional applicant 23 24 Contravention of family violence intervention order 24 25 Contravention of order intending to cause harm or fear for safety 24 -- 1 of 96 -- Section Page ii Authorised by the Chief Parliamentary Counsel 26 Definitions for Part 5 (Counselling orders) 24 27 Section 128 substituted 25 28 Certification 25 29 New section 153A inserted 25 30 Statute law revision amendments 25 31 Service of orders 26 32 Rules of court and practice directions for Magistrates' Court 26 33 Rules of court and practice directions for Children's Court 27 34 New Division 12 inserted in Part 14 28 Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court 29 Division 1—Establishment of Specialist Family Violence Court Division 29 35 Definitions 29 36 New sections 4IA and 4IB inserted 30 37 Other references to Specialist Family Violence Court Division 34 38 Consequential amendment of Criminal Procedure Act 2009 35 39 Consequential amendment of Family Violence Protection Act 2008 36 40 New section 141A inserted in Personal Safety Intervention Orders Act 2010 36 Division 2—Abolition of Family Violence Court Division 37 41 Definitions 37 42 When Ballarat becomes a venue for the Specialist Family Violence Court Division 37 43 When Heidelberg becomes a venue for the Specialist Family Violence Court Division 37 44 Repeal of Family Violence Court Division provisions 37 45 Schedule 8 amended 39 46 Consequential amendment of Criminal Procedure Act 2009 39 47 Consequential amendment of Family Violence Protection Act 2008 39 48 Consequential amendment of Personal Safety Intervention Orders Act 2010 40 Part 5—Amendments related to electronic communications 41 Division 1—Magistrates' Court Act 1989 41 49 Rules of Court 41 50 Warrants 42 51 Recall and cancellation of warrant 42 52 Duplicate warrants 42 53 New section 136A inserted 43 54 New clause 57 of Schedule 8 inserted 44 -- 2 of 96 -- Section Page iii Authorised by the Chief Parliamentary Counsel Division 2—Children, Youth and Families Act 2005 44 55 Issue of warrants in electronic form 44 56 New section 533A inserted 45 57 Rules 46 58 New section 630 inserted 46 Division 3—County Court Act 1958 47 59 New section 6A inserted 47 60 Where court held and days of sitting 48 61 Power to make rules of practice 48 62 New section 103 inserted 49 Division 4—Supreme Court Act 1986 49 63 New section 24B inserted 49 64 Power to make Rules 50 65 New section 156 inserted 51 Division 5—Victorian Civil and Administrative Tribunal Act 1998 51 66 New section 132A inserted 51 67 Subject matter for rules 52 68 New section 172 inserted 53 Division 6—Coroners Act 2008 53 69 New section 102AA inserted 53 70 Rules of the Coroners Court 54 71 New section 121 inserted 55 Division 7—Personal Safety Intervention Orders Act 2010 55 72 How application is to be made 55 73 Section 14 repealed 55 74 Application to be supported by oral evidence or affidavit unless requirement waived 56 75 Interim order made on electronic application 56 76 Rules of court and practice directions for Magistrates' Court 57 77 Rules of court and practice directions for Children's Court 57 78 New Division 4 of Part 13 inserted 58 Part 6—Consequential amendments to other Acts—electronic communication and other matters 59 Division 1—Confiscation Act 1997 59 79 Section 31E amended 59 80 Making of freezing order 59 81 Notice of freezing order 59 82 Warrant may be granted by telephone 59 83 How is an information notice given? 60 84 Reports to the Minister 60 -- 3 of 96 -- Section Page iv Authorised by the Chief Parliamentary Counsel Division 2—Corrections Act 1986 60 85 Execution of warrants 60 Division 3—Crimes Act 1958 60 86 Interim orders 60 87 Section 464W amended 61 Division 4—Crown Proceedings Act 1958 62 88 Fines to be recoverable by judgment 62 89 Second Schedule amended 62 Division 5—Drugs, Poisons and Controlled Substances Act 1981 62 90 Warrant to search premises 62 91 Schedule Ten amended 63 Division 6—Gambling Regulation Act 2003 63 92 Schedule 4 amended 63 Division 7—Land Act 1958 63 93 Power of applicant to summon Registrar to show cause if dissatisfied 63 Division 8—Major Crime (Investigative Powers) Act 2004 63 94 Remote application 63 Division 9—Petroleum Products Subsidy Act 1965 64 95 Offences 64 Division 10—National Domestic Violence Order Scheme Act 2016 64 96 Properly notified—meaning 64 Division 11—Sex Work Act 1994 64 97 Entry to unlicensed premises—without search warrant 64 98 Entry to premises without planning permit—without search warrant 64 Division 12—Surveillance Devices Act 1999 64 99 Remote application 64 100 Determining the application 65 101 What must a surveillance device warrant contain? 65 102 Remote application (retrieval warrant) 65 103 Determining the application 65 104 What must a retrieval warrant contain? 66 Division 13—Terrorism (Community Protection) Act 2003 66 105 Warrant may be granted by telephone 66 -- 4 of 96 -- Section Page v Authorised by the Chief Parliamentary Counsel Division 14—Unlawful Assemblies and Processions Act 1958 66 106 Magistrate may appoint special constables 66 Division 15—Statute law revision 67 107 Statute law revision amendment—Infringements Act 2006 67 Part 7—Amendments in relation to interim family violence and personal safety intervention orders 68 Division 1—Family Violence Protection Act 2008 68 108 Court may make interim order 68 109 Application made by respondent for variation or revocation of family violence intervention order 68 110 Who may appeal 69 111 Supreme Court—limitation of jurisdiction 70 Division 2—Personal Safety Intervention Orders Act 2010 70 112 Court may make interim order 70 113 Application made by respondent for variation or revocation of personal safety intervention order 70 114 Who may appeal 71 115 Supreme Court—limitation of jurisdiction 72 Part 8—Amendments in relation to recorded statements 73 116 New Division 7B inserted in Part 8.2 73 Part 9—Repeal of amending Act 90 117 Repeal of amending Act 90 ═════════════ Endnotes 91 1 General information 91 -- 5 of 96 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 † No. 33 of 2018 [Assented to 14 August 2018] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Children, Youth and Families Act 2005 to improve provisions for therapeutic treatment orders; and Victoria -- 6 of 96 -- Part 1—Preliminary Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Family Violence Protection Act 2008— (i) to provide further examples of behaviour that may constitute family violence; and (ii) in relation to counselling orders, to remove the requirement that a respondent live in a specified postcode area to be eligible for a counselling order and to allow the Children's Court to make counselling orders; and (iii) to provide further for the making of interim orders; and (iv) to provide for the making of applications for family violence intervention orders by a declaration of truth; and (c) to amend the Magistrates' Court Act 1989 to establish a Specialist Family Violence Court Division; and (d) to amend various Acts in relation to the use of electronic communication for court and tribunal processes and documents; and (e) to amend the Family Violence Protection Act 2008 and the Personal Safety Intervention Orders Act 2010 in relation to variations and revocations of, and appeals in relation to, interim orders; and (f) to amend the Criminal Procedure Act 2009 to allow recorded statements to be used as evidence-in-chief in family violence offence proceedings. -- 7 of 96 -- Part 1—Preliminary Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 3 Authorised by the Chief Parliamentary Counsel 2 Commencement (1) This Part, section 30 and Division 15 of Part 6 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 September 2020, it comes into operation on that day. -- 8 of 96 -- Part 2—Amendment of Children, Youth and Families Act 2005 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 4 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of Children, Youth and Families Act 2005 3 Definitions In section 3(1) of the Children, Youth and Families Act 2005— (a) insert the following definition— "therapeutic treatment plan has the meaning given in section 169A;"; (b) in the definition of child, after paragraph (ac) insert— "(ad) in the case of a person in respect of whom a therapeutic treatment order or therapeutic treatment (placement) order may be made, a person who is of or above the age of 10 years and under the age of 18 years when the order is made; and (ae) in the case of section 354A, a person who is of or above the age of 10 years and under the age of 18 years when the person appears as an accused in a criminal proceeding; and". 4 New Division 1A of Part 4.3 inserted After section 169 of the Children, Youth and Families Act 2005 insert— "Division 1A—Therapeutic treatment planning 169A What is a therapeutic treatment plan? (1) A therapeutic treatment plan is a plan prepared by the Secretary for a child for whom a therapeutic treatment order is made. -- 9 of 96 -- Part 2—Amendment of Children, Youth and Families Act 2005 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 5 Authorised by the Chief Parliamentary Counsel (2) A therapeutic treatment plan must contain all decisions and arrangements made by the Secretary concerning the child that— (a) the Secretary considers to be significant; and (b) relate to the child's participation in and attendance at the therapeutic treatment program. 169B Preparation of therapeutic treatment plan (1) The Secretary must ensure that a therapeutic treatment plan is prepared in respect of a child within 6 weeks after a therapeutic treatment order is made in respect of the child. (2) Subject to subsection (3), the Secretary must ensure that a copy of the therapeutic treatment plan is given, within 14 days of the preparation of the plan, to each of the following— (a) the child; (b) the child's parent; (c) any person who has care of the child; (d) the provider of the therapeutic treatment program. (3) The Secretary is not required to comply with subsection (2) to the extent that the Secretary is satisfied that it would be inappropriate for a person or provider referred to in that subsection to be given a copy of the plan. -- 10 of 96 -- Part 2—Amendment of Children, Youth and Families Act 2005 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 6 Authorised by the Chief Parliamentary Counsel 169C Review of therapeutic treatment plan (1) A therapeutic treatment plan must specify a date for the review of the plan that is halfway through the period of the therapeutic treatment order to which the plan relates. (2) The Secretary must review a therapeutic treatment plan— (a) on or before the review date specified in the plan; and (b) from time to time as otherwise appears necessary. (3) Subject to subsection (4), the Secretary must ensure that the results of the review and any amendments to the plan are given, within 14 days of the review, to each of the following— (a) the child; (b) the child's parent; (c) any person who has care of the child; (d) the provider of the therapeutic treatment program. (4) The Secretary is not required to comply with subsection (3) to the extent that the Secretary is satisfied that it would be inappropriate for a person or provider referred to in that subsection to be given the results of the review and the amendments.". 5 Report on child in need of therapeutic treatment In section 185 of the Children, Youth and Families Act 2005 omit "who is 10 years of age or over but under 15 years of age". -- 11 of 96 -- Part 2—Amendment of Children, Youth and Families Act 2005 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 7 Authorised by the Chief Parliamentary Counsel 6 Section 244 substituted For section 244 of the Children, Youth and Families Act 2005 substitute— "244 When is a child in need of therapeutic treatment? For the purposes of this Division, a child is in need of therapeutic treatment if the child has exhibited sexually abusive behaviours.". 7 When Court may make order under this Division (1) In section 248 of the Children, Youth and Families Act 2005 omit "of or over the age of 10 years and under the age of 15 years". (2) At the end of section 248 of the Children, Youth and Families Act 2005 insert— "(2) In deciding whether or not to make a therapeutic treatment order in respect of a child, the Court must consider— (a) the seriousness of the child's sexually abusive behaviours; and (b) any previous history of sexually abusive behaviours of the child and how those behaviours were addressed; and (c) the particular characteristics and circumstances of the child; and (d) any other matters the Court considers relevant.". 8 Therapeutic treatment order After section 249(2)(b) of the Children, Youth and Families Act 2005 insert— "(ba) a condition requiring the Secretary to report to the Court, at the time or times specified by the Court, of the child's progress and -- 12 of 96 -- Part 2—Amendment of Children, Youth and Families Act 2005 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 8 Authorised by the Chief Parliamentary Counsel attendance at the therapeutic treatment program; and". 9 Duration of order (1) At the end of section 250 of the Children, Youth and Families Act 2005 insert— "(2) Subsection (1) applies even if the child attains the age of 18 years after the order is made.". (2) At the end of section 254 of the Children, Youth and Families Act 2005 insert— "(2) Despite subsection (1), a therapeutic treatment (placement) order ceases to be in force if the child attains the age of 18 years or marries, whichever happens first.". 10 Extension of order (1) After section 256(1) of the Children, Youth and Families Act 2005 insert— "(1A) Subsection (1) applies even if the child has attained the age of 18 years before the therapeutic treatment order is extended or will attain the age of 18 years during the period of extension.". (2) After section 256(3) of the Children, Youth and Families Act 2005 insert— "(4) Despite the extension of a therapeutic treatment (placement) order under this section, the therapeutic treatment (placement) order ceases to be in force if the child attains the age of 18 years or marries, whichever happens first.". -- 13 of 96 -- Part 2—Amendment of Children, Youth and Families Act 2005 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 9 Authorised by the Chief Parliamentary Counsel 11 Referral to Secretary After section 349(2) of the Children, Youth and Families Act 2005 insert— "(3) In deciding whether or not to refer a matter to the Secretary under subsection (2), the Court must consider— (a) the seriousness of the child's sexually abusive behaviours; and (b) any previous history of sexually abusive behaviours of the child and how those behaviours were addressed; and (c) the particular characteristics and circumstances of the child; and (d) any other matters the Court considers relevant.". 12 New section 352A inserted After section 352 of the Children, Youth and Families Act 2005 insert— "352A Report to Criminal Division on child's progress under therapeutic treatment order (1) If a therapeutic treatment order has been made in respect of a child, the Court may require the Secretary to report to the Criminal Division at the time or times specified by the Court, on the child's progress and attendance at the therapeutic treatment program. (2) The Court may make a requirement under subsection (1)— (a) when adjourning criminal proceedings under section 352; or -- 14 of 96 -- Part 2—Amendment of Children, Youth and Families Act 2005 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 10 Authorised by the Chief Parliamentary Counsel (b) at any other time during the period of the therapeutic treatment order when the Court is exercising the jurisdiction of the Criminal Division in relation to the child. (3) The Court may direct the Secretary to provide a copy of the report to— (a) the child; and (b) the prosecutor.". 13 Powers of Court in criminal proceedings if child accused voluntarily participates in therapeutic treatment program In section 354A(1)(a) of the Children, Youth and Families Act 2005 omit "of or above the age of 10 years and under the age of 15 years". -- 15 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 11 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Family Violence Protection Act 2008 14 Definitions (1) In section 4 of the Family Violence Protection Act 2008, insert the following definition— "declaration of truth means a declaration that complies with section 43(4) made by an applicant in an application under section 43(1)(c) instead of on oath or by affirmation or by affidavit;". (2) In section 4 of the Family Violence Protection Act 2008, in the definition of court— (a) in paragraph (b), for "that court;" substitute "that court; or"; (b) after paragraph (b) insert— "(c) in relation to an interim order made under Division 2A of Part 4, the court hearing the criminal proceeding in which the order is made;". 15 Meaning of family violence In the examples at the foot of section 5(1)(b) of the Family Violence Protection Act 2008— (a) after the heading "Examples" insert— "1 The following behaviour may constitute family violence under paragraph (a)— • using coercion, threats, physical abuse or emotional or psychological abuse to cause or attempt to cause a person to enter into a marriage; • using coercion, threats, physical abuse or emotional or psychological abuse to demand or receive dowry, either before or after a marriage."; -- 16 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 12 Authorised by the Chief Parliamentary Counsel (b) before "The following behaviour may constitute a child" insert "2". 16 Meaning of family violence intervention order, final order and interim order After section 11(3)(a) of the Family Violence Protection Act 2008 insert— "(ab) made under section 60B or 60C, including an order made under section 60B or 60C as varied under section 100; and". 17 How application is to be made (1) In section 43(1)(c) of the Family Violence Protection Act 2008, after "by affidavit" insert "or by declaration of truth". (2) After section 43(2) of the Family Violence Protection Act 2008 insert— "(3) Unless the rules of court otherwise provide, the application may be made by telephone, fax or other electronic communication. (4) A declaration of truth— (a) must include the applicant's full name and date of birth; and (b) must include an acknowledgment that the content of the application is true and correct to the best of the applicant's knowledge and belief; and (c) must include an acknowledgment that the applicant knows that making a declaration of truth that the applicant knows to be false is an offence with a penalty of 600 penalty units or 5 years imprisonment or both; and (d) must otherwise comply with any requirements of the rules of court (if any); and -- 17 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 13 Authorised by the Chief Parliamentary Counsel (e) is not required to be witnessed by, or executed before, any other person.". 18 Section 44 repealed Section 44 of the Family Violence Protection Act 2008 is repealed. 19 Interim protection of child on court's own initiative—interim order not made for affected family member At the end of section 53AB of the Family Violence Protection Act 2008 insert— "(2) An interim order under subsection (1) is an order in the proceeding under section 53 and, for the purposes of any proceeding for any final order under section 74 or 76— (a) the applicant for the final order is— (i) the affected family member who made the initial application referred to in section 53(1); or (ii) if the affected family member did not make the application referred to in section 53(1), the person who made that application on behalf of the affected family member; or (iii) if neither subparagraph (i) or (ii) apply, in accordance with subsection (3), the Chief Commissioner of Police; and (b) the child is a party to the proceeding; and (c) the respondent to the initial application referred to in section 53(1) is a party to the proceeding; and -- 18 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 14 Authorised by the Chief Parliamentary Counsel (d) any application for the final order may be dealt with in accordance with this Act in the same way as any other application; and (e) the application for the final order in respect of the child is not affected by the initial application referred to in section 53(1) being struck out or withdrawn. (3) In making an interim order referred to in this section, the court may appoint the Chief Commissioner of Police to be the applicant for any final order in respect of the child if satisfied that— (a) the Chief Commissioner of Police is not a person referred to in subsection (2)(a)(ii); and (b) the appointment is necessary in all the circumstances, having regard to the child's safety. (4) If the court makes an appointment under subsection (3), the court must ensure that the Chief Commissioner of Police is given— (a) a copy of the interim order which makes that appointment; and (b) a copy of the application referred to in section 53(1). Note See also section 152.". 20 Evidentiary requirements for making interim orders (1) In section 55(1)(b) of the Family Violence Protection Act 2008 omit "the application is made under section 44 by telephone, fax or other electronic communication and". -- 19 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 15 Authorised by the Chief Parliamentary Counsel (2) After section 55(1) of the Family Violence Protection Act 2008 insert— "(1A) The court may waive the requirement that the application be supported by oral evidence or an affidavit if— (a) the applicant is a police officer and the application is made by electronic communication— (i) provided that the court has considered whether it is practicable to obtain oral evidence or an affidavit before making the interim order; or (ii) the application is made before 9 a.m. or after 5 p.m. on a weekday or on a Saturday, Sunday or a public holiday and the application was certified in accordance with section 43(2); or (b) the applicant is not a police officer and the application is made by a declaration of truth, provided that the court has considered whether it is practicable to obtain oral evidence or an affidavit before making the interim order.". 21 Interim order made on electronic application (1) In the heading to section 58 of the Family Violence Protection Act 2008, after "application" insert "by police". (2) In section 58 of the Family Violence Protection Act 2008, after "application made" insert "by a police officer". -- 20 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 16 Authorised by the Chief Parliamentary Counsel 22 New Division 2A of Part 4 inserted After Division 2 of Part 4 of the Family Violence Protection Act 2008 insert— "Division 2A—Interim orders made on court's own motion in bail proceeding or in criminal proceeding 60A Definitions for this Division In this Division— application or appeal relating to bail means any of the following under the Bail Act 1977— (a) an application for bail; (b) an application to vary conditions of bail; (c) an application to extend bail; (d) an application to revoke bail; (e) an appeal under section 18A; (f) an appeal under section 18AG. 60B Court hearing application or appeal relating to bail may make own motion interim order (1) Subject to subsection (3), a court hearing an application or appeal relating to bail may make an interim order against an accused to protect a family member of the accused if the court is satisfied, on the balance of probabilities, that the interim order is necessary to ensure the safety of the family member pending a decision about a final order. (2) A court may make an interim order under this section on its own motion. -- 21 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 17 Authorised by the Chief Parliamentary Counsel (3) The court must not make an interim order to protect a family member of the accused if— (a) there is an existing family violence intervention order that protects that family member of the accused from the accused; or (b) an application for a family violence intervention order that protects that family member of the accused from the accused has been made but not finally determined. 60C Court may make interim order on its own motion in a criminal proceeding (1) Subject to subsection (4), a court hearing a criminal proceeding may make an interim order against an accused to protect a family member of the accused if the court is satisfied, on the balance of probabilities, that the interim order is necessary to ensure the safety of the family member pending a decision about a final order. (2) A court may make an interim order under this section on its own motion. (3) The court may make an interim order under subsection (1)— (a) at any stage of the criminal proceeding, including during any committal hearing, any trial, any sentencing hearing or any appeal; and (b) whether or not the person accused is found guilty of the offence; and (c) whether or not the charge is withdrawn or the prosecution of the offence is discontinued. -- 22 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 18 Authorised by the Chief Parliamentary Counsel (4) The court must not make an interim order to protect a family member of the accused if— (a) there is an existing family violence intervention order that protects that family member of the accused from the accused; or (b) an application for a family violence intervention order that protects that family member of the accused from the accused has been made but not finally determined. 60D Prosecutor not party to proceeding for interim order (1) The prosecutor in any criminal proceeding in which an interim order is made or proposed to be made under this Division is not a party to the proceeding, and has no standing or status in the proceeding, only for the purposes of the making of the interim order. (2) Nothing in subsection (1) affects the status, function or standing of a prosecutor in relation to the criminal proceeding other than the making of the interim order. 60E Material before the court for making interim orders under this Division (1) Nothing in Division 3 or 3A applies to the making of an interim order under section 60B or 60C. (2) An interim order under section 60B or 60C must be made on the material before the court in the hearing of the application or appeal relating to bail, or the criminal proceeding. -- 23 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 19 Authorised by the Chief Parliamentary Counsel 60F Interim order to protect child if interim order made under section 60B or 60C (1) This section applies if— (a) the court makes an interim order under section 60B or 60C in relation to a family member of the accused; and (b) the court is satisfied, on the balance of probabilities, that a child has been subjected to family violence committed by the accused. (2) Subject to subsection (3), the court must— (a) if the child's need for protection is substantially the same as that of the family member to be protected by the interim order, include the child in the interim order as a protected person; or (b) in any other case, make a separate interim order for the child as a protected person. (3) The court is not required to include the child in the interim order or to make a separate interim order to protect the child if the court is satisfied that it is not necessary to do so to protect the child or ensure the safety of the child pending a decision about a final order. 60G Oral explanation of interim order (1) If the court makes an interim order under this Division and the accused or the protected person or both are before the court, the court must give the accused and the protected person (as the case requires) a clear oral explanation of the matters referred to in section 57(1). -- 24 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 20 Authorised by the Chief Parliamentary Counsel (2) If the court makes an interim order under this Division against an accused who is a child and the accused or protected person or both are before the court, the court must give the accused and the protected person (as the case requires) a clear oral explanation of the matters referred to in section 57A(2). (3) A failure by the court to give an oral explanation in accordance with this section does not affect the validity of the interim order. 60H Documents to be given to adult accused who is before the court If the court makes an interim order under this Division and the accused is before the court and is an adult, the court must give the accused— (a) a copy of the interim order; and Note See section 201 regarding provision of the interim order. (b) a brief written statement of the reasons for making the interim order; and (c) a written notice of the matters referred to in section 57(1) in the form prescribed by the rules of the court making the interim order. 60I Service of interim order and other documents (1) The appropriate registrar for the court must arrange for the accused who is not before the court or who is a child to be served with— (a) a copy of the interim order; and -- 25 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 21 Authorised by the Chief Parliamentary Counsel (b) a brief written statement of the reasons for making the interim order; and (c) a written notice of the matters referred to in section 57(1) or 57A(2), as the case requires, in the form prescribed by the rules of the court making the interim order. (2) The appropriate registrar for the court must arrange for the protected person to be served with— (a) a copy of the interim order; and (b) a brief written statement of the reasons for making the interim order; and (c) a written notice of the matters referred to in section 57(1) or 57A(2), as the case requires, in the form prescribed by the rules of the court making the interim order. Note See section 201 regarding provision of the interim order. 60J Interim order taken to be application for a family violence intervention order and treated as application under this Act If an interim order is made under section 60B or 60C, for the purposes of this Act— (a) the interim order is taken to be— (i) an application for a family violence intervention order; and (ii) a summons for the accused to attend the relevant court at the first mention date stated in the order for the application for a -- 26 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 22 Authorised by the Chief Parliamentary Counsel family violence intervention order; and (b) the Chief Commissioner of Police is taken to be the applicant in relation to the application; and (c) any interim order made under section 60F(2)(b) is taken to form part of the application referred to in paragraph (a); and (d) an application for a family violence intervention order referred to in paragraph (a) may be withdrawn or otherwise dealt with as an application in accordance with this Act. 60K Interim orders made by Supreme or County Court to be transferred to Magistrates' or Children's Court for final determination (1) If an interim order is made by the Supreme Court or the County Court under section 60B or 60C, the proceeding for the final order is transferred to the Magistrates' Court or Children's Court (as the case requires) for determination. (2) On an application under Division 8, the Magistrates' Court or Children's Court (as the case requires) may revoke or vary the interim order as if the order had been made by that court. 60L Mention date and hearing for proceeding for final order If an interim order is made by a court under this Division, the Magistrates' Court or Children's Court (whichever is hearing the proceeding for the final order) must ensure that— -- 27 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 23 Authorised by the Chief Parliamentary Counsel (a) the proceeding for the final order is listed for mention— (i) if the accused was before the court when the interim order was made, within 14 days of the making of the order; or (ii) otherwise, within 14 days of the interim order being served on the accused; and (b) the hearing to determine the final order is listed as soon as practicable.". 23 Protection of a child on court's own initiative—final order not made for affected family member or additional applicant After section 77B(2) of the Family Violence Protection Act 2008 insert— "(3) A final order under subsection (1) or (2) is an order in the proceeding under section 74 or 76, as the case requires, and for that purpose— (a) in the case of a final order referred to in subsection (1) or (2)(a), the applicant for the final order is— (i) the affected family member who made the initial application referred to in section 53(1), 74 or 76, as the case requires; or (ii) if the affected family member did not make the initial application referred to in section 53(1), 74 or 76, the person who made that application on behalf of the affected family member; or -- 28 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 24 Authorised by the Chief Parliamentary Counsel (iii) if an appointment has been made under section 53AB(3), the Chief Commissioner of Police; and (b) in the case of a final order referred to in subsection (2)(b), the applicant for the final order is the additional applicant under section 76(2); and (c) the child is a party to the proceeding; and (d) the respondent to the initial application referred to in section 53(1), 74 or 76, as the case requires, is a party to the proceeding.". 24 Contravention of family violence intervention order In section 123(1)(b) of the Family Violence Protection Act 2008, after "57(1)" insert ", 60G(1)". 25 Contravention of order intending to cause harm or fear for safety In section 123A(2)(b) of the Family Violence Protection Act 2008, after "57(1)" insert ", 60G(1)". 26 Definitions for Part 5 (Counselling orders) In section 126 of the Family Violence Protection Act 2008, in the definition of relevant court— (a) in paragraph (b), for "Gazette." substitute "Gazette; or"; (b) after paragraph (b) insert— "(c) the Children's Court sitting at a venue of the Court specified by the Minister by notice published in the Government Gazette.". -- 29 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 25 Authorised by the Chief Parliamentary Counsel 27 Section 128 substituted For section 128 of the Family Violence Protection Act 2008 substitute— "128 Part applies only to adults This Part applies only to a respondent who is an adult.". 28 Certification (1) In section 153(1)(b) of the Family Violence Protection Act 2008, for "120 penalty units" substitute "600 penalty units or 5 years imprisonment or both". (2) For the penalty at the foot of section 153(2) of the Family Violence Protection Act 2008 substitute— "Penalty: 600 penalty units or 5 years imprisonment or both.". 29 New section 153A inserted After section 153 of the Family Violence Protection Act 2008 insert— "153A Offence to make false declaration of truth A person must not knowingly make a false statement in a declaration of truth. Penalty: 600 penalty units or 5 years imprisonment or both.". 30 Statute law revision amendments (1) In section 96(3A) of the Family Violence Protection Act 2008 for "interim" substitute "final". (2) In section 164(2)(b) of the Family Violence Protection Act 2008 for "or the corresponding interstate order" substitute ", a final recognised DVO or a final interstate DVO". -- 30 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 26 Authorised by the Chief Parliamentary Counsel (3) In section 166(2)(c) of the Family Violence Protection Act 2008 for "DVO.," substitute "DVO,". 31 Service of orders (1) In section 201(b) of the Family Violence Protection Act 2008, after "57(1)" insert ", 60G(1)". (2) In section 201(c)(iv) of the Family Violence Protection Act 2008, after "initiative" insert "or own motion". (3) In section 201(c)(vi) of the Family Violence Protection Act 2008, for "person." substitute "person;". (4) After section 201(c)(vi) of the Family Violence Protection Act 2008 insert— "(d) in the case of an interim order made under Division 2A of Part 4, serve a copy of the interim order on the protected person.". 32 Rules of court and practice directions for Magistrates' Court (1) After section 209(2)(c) of the Family Violence Protection Act 2008 insert— "(ca) processes and procedures for making and filing applications for family violence intervention orders, including, but not limited to— (i) making and filing applications by electronic communication; and (ii) providing for different requirements, procedures or processes in relation to applications made during court hours, after hours or in remote areas and applications where the applicant or respondent is an adult or a child;". -- 31 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 27 Authorised by the Chief Parliamentary Counsel (2) In section 209(4) of the Family Violence Protection Act 2008— (a) after "this Act" insert ", including, but not limited to, making and filing applications for family violence intervention orders by electronic communication"; (b) for "2016.." substitute "2016.". (3) In section 209(5) of the Family Violence Protection Act 2008, for "2016." substitute "2016". 33 Rules of court and practice directions for Children's Court (1) After section 210(2)(c) of the Family Violence Protection Act 2008 insert— "(ca) processes and procedures for making and filing applications for family violence intervention orders, including, but not limited to— (i) making and filing applications by electronic communication; and (ii) providing for different requirements, procedures or processes in relation to applications made during court hours, after hours or in remote areas and applications where the applicant or respondent is an adult or a child;". (2) In section 210(4) of the Family Violence Protection Act 2008, after "this Act" insert ", including, but not limited to, making and filing applications for family violence intervention orders by electronic communication". -- 32 of 96 -- Part 3—Amendment of Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 28 Authorised by the Chief Parliamentary Counsel 34 New Division 12 inserted in Part 14 After Division 11 of Part 14 of the Family Violence Protection Act 2008 insert— "Division 12—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 232 Transitional provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 The amendments made to sections 209 and 210 by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 do not affect the validity or operation of any rules of court made under those sections as in force immediately before those amendments.". -- 33 of 96 -- Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 29 Authorised by the Chief Parliamentary Counsel Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Division 1—Establishment of Specialist Family Violence Court Division 35 Definitions In section 3(1) of the Magistrates' Court Act 1989— (a) in the definition of proper venue— (i) in paragraph (a), after "(c)," insert "(ca),"; (ii) in paragraph (b), after "(c)" insert ", (ca)"; (b) in the definition of proper venue, after paragraph (c) insert— "(ca) in relation to a proceeding in respect of which the Specialist Family Violence Court Division has jurisdiction (other than an interim order under the Family Violence Protection Act 2008), means the venue of the Court at which the Specialist Family Violence Court Division may sit and act that the Court determines is the most appropriate venue for the matter, having regard to the following— (i) the place where the family violence the subject of the proceeding is alleged to have been committed; (ii) the place of residence of the accused, defendant or respondent (within the -- 34 of 96 -- Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 30 Authorised by the Chief Parliamentary Counsel meaning of the Family Violence Protection Act 2008); (iii) the place of permanent or temporary residence of the person against whom the family violence is alleged to have been committed; (iv) the safety of the parties; (v) any other considerations the Court thinks relevant; and"; (c) in the definition of proper venue— (i) in paragraph (da)(i), after "(c)," insert "(ca),"; (ii) in paragraphs (dc)(i) and (e)(i), after "(c)" insert ", (ca)". 36 New sections 4IA and 4IB inserted After section 4I of the Magistrates' Court Act 1989 insert— "4IA Establishment of Specialist Family Violence Court Division (1) The Court has a Specialist Family Violence Court Division. (2) The Specialist Family Violence Court Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction. (3) Despite section 4(3), the Specialist Family Violence Court Division may only be constituted by a magistrate who has been assigned to that Division by the Chief Magistrate by notice published in the Government Gazette. -- 35 of 96 -- Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 31 Authorised by the Chief Parliamentary Counsel (4) Nothing in subsection (3) prevents the Specialist Family Violence Court Division being constituted by a judicial registrar in accordance with section 4(3AA). (5) Nothing in subsection (3) prevents the Specialist Family Violence Court Division being constituted by a registrar for the determination of an application under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016. (6) In assigning a magistrate, the Chief Magistrate must have regard to the magistrate's relevant knowledge and experience in dealing with matters relating to family violence. (7) Despite anything to the contrary in this Act, the Specialist Family Violence Court Division may sit and act only at a venue of the Court specified by the Minister by notice published in the Government Gazette. (8) The Minister must consult the Chief Magistrate before publishing a notice under subsection (7). (9) Subject to this Act, the regulations and rules, the Specialist Family Violence Court Division may regulate its own procedure. 4IB Jurisdiction of Specialist Family Violence Court Division (1) The Specialist Family Violence Court Division has jurisdiction to deal with any of the following matters if the matter is within the jurisdiction of the Magistrates' Court and arises from or includes allegations of family violence by a person— -- 36 of 96 -- Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 32 Authorised by the Chief Parliamentary Counsel (a) proceedings for or with respect to the following orders under the Family Violence Protection Act 2008— (i) a family violence intervention order under that Act; or (ii) a counselling order or an order under section 137 of that Act; (b) proceedings under the Vexatious Proceedings Act 2014 in relation to intervention order legislation within the meaning of that Act; (c) a proceeding for a declaration under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016; (d) civil proceedings for or with respect to damages for personal injury; (e) matters arising under— (i) the Family Law Act 1975 of the Commonwealth; or (ii) the Child Support (Assessment) Act 1989 of the Commonwealth; (f) proceedings for or with respect to the trial of a person for a summary offence or an indictable offence that may be heard and determined summarily; (g) proceedings for or with respect to the committal for trial of a person for an indictable offence; -- 37 of 96 -- Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 33 Authorised by the Chief Parliamentary Counsel (h) proceedings for an order under Division 1 or 2 of Part 4 of the Sentencing Act 1991 that arise from an offence referred to in paragraph (f). Note Division 1 of Part 4 of the Sentencing Act 1991 deals with restitution. Division 2 of Part 4 of the Sentencing Act 1991 deals with compensation. (2) Despite anything to the contrary in the Victims of Crime Assistance Act 1996, if the act of violence to which an application under that Act relates is family violence by a person— (a) the Specialist Family Violence Court Division has jurisdiction to deal with the application; and (b) in dealing with the application, the Specialist Family Violence Court Division has the same functions, powers and duties as the Victims of Crime Assistance Tribunal; and (c) for the purposes of the application and any subsequent review of a decision relating to the application, the Specialist Family Violence Court Division is taken to constitute the Victims of Crime Assistance Tribunal. (3) The Specialist Family Violence Court Division also has— (a) jurisdiction to deal with a breach of an order referred to in subsection (1)(a), including any offence constituted by such a breach; and (b) any other jurisdiction given to it by or under this or any other Act. -- 38 of 96 -- Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 34 Authorised by the Chief Parliamentary Counsel (4) Subject to and in accordance with the rules, a proceeding may be transferred to the Specialist Family Violence Court Division, whether sitting at the same or a different venue, but only if the venue where the Specialist Family Violence Court Division is sitting is the proper venue referred to in paragraph (ca) of the definition of proper venue. (5) Subject to and in accordance with the rules, the Specialist Family Violence Court Division may transfer a proceeding (including a proceeding transferred to it under subsection (4)) to the Court, sitting other than as the Specialist Family Violence Court Division, at the same or a different venue. (6) Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act.". 37 Other references to Specialist Family Violence Court Division (1) In section 4J(1) and (2) of the Magistrates' Court Act 1989, after "Division" insert "or the Specialist Family Violence Court Division". (2) In section 4K of the Magistrates' Court Act 1989— (a) in subsection (1)— (i) after "Division" (where first occurring) insert "or the Specialist Family Violence Court Division"; (ii) in paragraphs (e) and (f), omit "Family Violence Court"; -- 39 of 96 -- Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 35 Authorised by the Chief Parliamentary Counsel (b) in subsection (2), after "Division" insert "or the Specialist Family Violence Court Division"; (c) in subsection (3)— (i) after "Division" (where first occurring) insert "or the Specialist Family Violence Court Division"; (ii) in paragraph (c), omit "Family Violence Court"; (d) in subsection (4)— (i) after "Division" (where first occurring) insert "or the Specialist Family Violence Court Division"; (ii) omit "Family Violence Court" (where secondly occurring); (e) in subsection (6), after "Division" insert "or the Specialist Family Violence Court Division". (3) In section 4L(1) and (2)(b) of the Magistrates' Court Act 1989, after "Division" insert "or the Specialist Family Violence Court Division". (4) In section 16(1A)(g) and (h) of the Magistrates' Court Act 1989, after "the Court" insert "or the Specialist Family Violence Court Division of the Court". 38 Consequential amendment of Criminal Procedure Act 2009 In the note at the foot of section 11(1) of the Criminal Procedure Act 2009, after "Family Violence Court Division" insert ", the Specialist Family Violence Court Division". -- 40 of 96 -- Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 36 Authorised by the Chief Parliamentary Counsel 39 Consequential amendment of Family Violence Protection Act 2008 (1) In section 4 of the Family Violence Protection Act 2008 insert the following definition— "Specialist Family Violence Court Division means the Specialist Family Violence Court Division of the Magistrates' Court established under section 4IA(1) of the Magistrates' Court Act 1989;". (2) In section 126 of the Family Violence Protection Act 2008, in the definition of relevant court, after paragraph (a) insert— "(ab) the Specialist Family Violence Court Division; or". (3) In section 145 of the Family Violence Protection Act 2008, in the definition of Magistrates' Court, after "Family Violence Court Division" insert ", the Specialist Family Violence Court Division". 40 New section 141A inserted in Personal Safety Intervention Orders Act 2010 After section 141 of the Personal Safety Intervention Orders Act 2010 insert— "141A Determination where proceeding in Specialist Family Violence Court Division (1) If the Specialist Family Violence Court Division makes a determination under section 136(2)(b), the Specialist Family Violence Court Division may— (a) transfer the proceeding to the Magistrates' Court in accordance with section 4IB(5) of the Magistrates' Court Act 1989; or (b) continue to hear the matter under this Act. -- 41 of 96 -- Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 37 Authorised by the Chief Parliamentary Counsel (2) In this section— Specialist Family Violence Court Division means the Specialist Family Violence Court Division of the Magistrates' Court established under section 4IA(1) of the Magistrates' Court Act 1989.". Division 2—Abolition of Family Violence Court Division 41 Definitions In section 3(1) of the Magistrates' Court Act 1989, in the definition of proper venue— (a) in paragraphs (a) and (b) omit "(c),"; (b) paragraph (c) is repealed; (c) in paragraphs (da)(i), (dc)(i) and (e)(i) omit "(c),". 42 When Ballarat becomes a venue for the Specialist Family Violence Court Division Section 4H(5)(a) of the Magistrates' Court Act 1989 is repealed. 43 When Heidelberg becomes a venue for the Specialist Family Violence Court Division Section 4H(5)(b) of the Magistrates' Court Act 1989 is repealed. 44 Repeal of Family Violence Court Division provisions (1) Sections 4H and 4I of the Magistrates' Court Act 1989 are repealed. (2) In section 4J(1) and (2) of the Magistrates' Court Act 1989 omit "Family Violence Court Division or the". -- 42 of 96 -- Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 38 Authorised by the Chief Parliamentary Counsel (3) In section 4K of the Magistrates' Court Act 1989— (a) in subsection (1)— (i) omit "Family Violence Court Division or the"; (ii) in paragraphs (e) and (f), before "Division" insert "Specialist Family Violence Court"; (b) in subsection (2) omit "Family Violence Court Division or the". (c) in subsection (3)— (i) omit "Family Violence Court Division or the"; (ii) in paragraph (c), before "Division" insert "Specialist Family Violence Court"; (d) in subsection (4)— (i) omit "Family Violence Court Division or the"; (ii) before "Division, persons" insert "Specialist Family Violence Court"; (e) in subsection (6) omit "Family Violence Court Division or the". (4) In section 4L(1) and (2)(b) of the Magistrates' Court Act 1989 omit "Family Violence Court Division or the". (5) In section 16(1A)(g) and (h) of the Magistrates' Court Act 1989 omit "Family Violence Court Division of the Court or the". -- 43 of 96 -- Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 39 Authorised by the Chief Parliamentary Counsel 45 Schedule 8 amended After clause 55 of Schedule 8 to the Magistrates' Court Act 1989 insert— "56 Transitional—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018—Specialist Family Violence Court Division On and after the commencement of this clause, any reference in any Act, regulation, subordinate instrument or other document to the Family Violence Court Division is to be construed as a reference to the Specialist Family Violence Court Division— (a) so far as the reference relates to any period on or after that commencement; and (b) if not inconsistent with the subject matter.". 46 Consequential amendment of Criminal Procedure Act 2009 In the note at the foot of section 11(1) of the Criminal Procedure Act 2009 omit "the Family Violence Court Division,". 47 Consequential amendment of Family Violence Protection Act 2008 In the Family Violence Protection Act 2008— (a) in section 4, the definition of Family Violence Court Division is repealed; (b) in section 126, in the definition of relevant court, paragraph (a) is repealed; (c) in section 145, in the definition of Magistrates' Court, omit "the Family Violence Court Division,". -- 44 of 96 -- Part 4—Amendments to establish Specialist Family Violence Court Division of the Magistrates' Court Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 40 Authorised by the Chief Parliamentary Counsel 48 Consequential amendment of Personal Safety Intervention Orders Act 2010 Section 141 of the Personal Safety Intervention Orders Act 2010 is repealed. -- 45 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 41 Authorised by the Chief Parliamentary Counsel Part 5—Amendments related to electronic communications Division 1—Magistrates' Court Act 1989 49 Rules of Court (1) After section 16(1)(g) of the Magistrates' Court Act 1989 insert— "(ga) electronic communication and electronic processes, including, but not limited to— (i) applications by electronic means, electronic filing and electronic service of documents in any civil proceeding; and (ii) the transmission and issuing of orders, processes and other documents by electronic communication; and (iii) use of electronic signatures and seals;". (2) After section 16(1A)(b) of the Magistrates' Court Act 1989 insert— "(ba) electronic communication and electronic processes, including, but not limited to— (i) applications by electronic means, electronic filing and electronic service of documents in any criminal proceeding; and (ii) the transmission and issuing of orders, processes and other documents by electronic communication; and (iii) use of electronic signatures and seals;". -- 46 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 42 Authorised by the Chief Parliamentary Counsel 50 Warrants (1) After section 57(1) of the Magistrates' Court Act 1989 insert— "(1AA) A warrant may be issued in paper form or electronically in accordance with this Division.". (2) For section 57(1A) of the Magistrates' Court Act 1989 substitute— "(1A) A warrant may be issued electronically by the person issuing the warrant causing the warrant, or the prescribed particulars of the warrant, to be transmitted electronically to the person to whom the warrant is issued in accordance with the regulations, if any.". (3) In section 57(4) of the Magistrates' Court Act 1989, after "a registrar" insert ", a judicial registrar". 51 Recall and cancellation of warrant In section 58(1) of the Magistrates' Court Act 1989— (a) after "a registrar," (where first occurring) insert "judicial registrar,"; (b) in paragraph (a), after "registrar," insert "judicial registrar,". 52 Duplicate warrants In section 59 of the Magistrates' Court Act 1989— (a) in subsection (1)— (i) after "a registrar," insert "judicial registrar,"; (ii) after "a registrar" (where secondly occurring) insert ", judicial registrar"; -- 47 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 43 Authorised by the Chief Parliamentary Counsel (b) in subsection (4), after "a registrar" insert ", judicial registrar". 53 New section 136A inserted After section 136 of the Magistrates' Court Act 1989 insert— "136A Court may issue or transmit court documents electronically (1) Any order, process or other document that the Court, a magistrate, a judicial registrar, a court official or a bail justice may issue or transmit under this Act or any other Act, statutory rule or other enactment or law may be issued or transmitted by electronic communication. (2) If any provision of an Act, a statutory rule or other enactment or law in Victoria permits or requires any order, process or other document to be issued or transmitted by manual means, that requirement is taken to be met if the issuing or transmission occurs by electronic communication. Example If an Act or other law requires or permits the Court to sign or seal a document, the Court could use an electronic signature or electronic seal and the requirement is met in the same way as if the document had been signed or sealed by hand. (3) Nothing in this section— (a) limits the Court, a magistrate, a judicial registrar, a court official or a bail justice from issuing or providing any order, process or other document in paper form; or (b) affects or limits any practice, procedure or rules of court that provide for electronic processes in the Court; or -- 48 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 44 Authorised by the Chief Parliamentary Counsel (c) affects or limits the power to make rules of court; or (d) limits any other power of the Court, a magistrate, a judicial registrar, a court official or a bail justice.". 54 New clause 57 of Schedule 8 inserted At the end of Schedule 8 to the Magistrates' Court Act 1989 insert— "57 Transitional and savings provisions— Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 (1) The amendments to sections 57, 58 and 59 made by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 do not affect the validity of any warrant issued in accordance with section 57 as in force immediately before its amendment or any action taken under such a warrant. (2) The amendments to sections 16, 57, 58 and 59 made by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 do not affect the validity or operation of any rules of court made under any of those sections as in force immediately before those amendments.". Division 2—Children, Youth and Families Act 2005 55 Issue of warrants in electronic form For section 528B(1) of the Children, Youth and Families Act 2005 substitute— "(1) A warrant may be issued electronically by the person issuing the warrant causing the warrant, or the prescribed particulars of the -- 49 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 45 Authorised by the Chief Parliamentary Counsel warrant, to be transmitted electronically to the person to whom the warrant is issued in accordance with the regulations, if any.". 56 New section 533A inserted After section 533 of the Children, Youth and Families Act 2005 insert— "533A Court may issue or transmit court documents electronically (1) Without limiting any other power of the Court, any order, process or other document that the Court, the President, a magistrate for the Court, a bail justice or a court official may issue or transmit under this Act or any other Act, statutory rule or other enactment or law may be issued or transmitted by electronic communication. (2) If any provision of an Act, a statutory rule or other enactment or law in Victoria permits or requires any order, process or other document to be issued or transmitted by manual means, that requirement is taken to be met if the issuing or transmission occurs by electronic communication. Example If an Act or other law requires or permits the Court to sign or seal a document, the Court could use an electronic signature or electronic seal and the requirement is met in the same way as if the document had been signed or sealed by hand. (3) Nothing in this section— (a) limits the Court, the President, a magistrate for the Court, a bail justice or a court official from issuing or providing any order, process or other document in paper form; or -- 50 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 46 Authorised by the Chief Parliamentary Counsel (b) affects or limits any practice, procedure or rules of court that provide for electronic processes in the Court; or (c) affects or limits the power to make rules of court; or (d) limits any other power of the Court, the President, a magistrate for the Court, a bail justice or a court official.". 57 Rules After section 588(1AAB)(b) of the Children, Youth and Families Act 2005 insert— "(ba) electronic communication and electronic processes, including, but not limited to— (i) applications by electronic means, electronic filing and electronic service of documents in any proceeding; and (ii) the transmission and issuing of orders, processes and other documents by electronic communication; and (iii) use of electronic signatures and seals;". 58 New section 630 inserted After section 629 of the Children, Youth and Families Act 2005 insert— "630 Transitional and savings provisions— Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 (1) The amendments to section 528B made by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 do not affect the validity of any warrant issued in accordance with section 528B as in force immediately before -- 51 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 47 Authorised by the Chief Parliamentary Counsel its amendment or any action taken under such a warrant. (2) The amendment made to section 588 by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 does not affect the validity or operation of any rules of court made under that section as in force immediately before that amendment.". Division 3—County Court Act 1958 59 New section 6A inserted After section 6 of the County Court Act 1958 insert— "6A Court may issue or transmit court documents electronically (1) Any order, judgment or other document that the court, a judge, an associate judge, a judicial registrar or a registrar may issue or transmit under this Act or any other Act, statutory rule or other enactment or law may be issued or transmitted by electronic communication. (2) If any provision of an Act, a statutory rule or other enactment or law in Victoria permits or requires any order, determination or other document to be issued or transmitted by manual means, that requirement is taken to be met if the issuing or transmission occurs by electronic communication. Example If an Act or other law requires or permits the court to sign or seal a document, the court could use an electronic signature or electronic seal and the requirement is met in the same way as if the document had been signed or sealed by hand. -- 52 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 48 Authorised by the Chief Parliamentary Counsel (3) Nothing in this section— (a) limits the court, a judge, an associate judge, a judicial registrar or a registrar from issuing or providing any order, judgment or other document in paper form; or (b) affects or limits any practice, procedure or Rules that provide for electronic processes in the court; or (c) affects or limits the power to make Rules; or (d) limits any other power of the court, a judge, an associate judge, a judicial registrar or a registrar.". 60 Where court held and days of sitting In section 7(4) of the County Court Act 1958, for "by order under his hand or by telegram" substitute "by signed order or by other electronic communication". 61 Power to make rules of practice After section 78(1)(hg) of the County Court Act 1958 insert— "(hh) electronic communication and electronic processes, including, but not limited to— (i) applications by electronic means, electronic filing and electronic service of documents in any proceeding; and (ii) the transmission and issuing of orders, judgments and other documents by electronic communication; and (iii) use of electronic signatures and seals;". -- 53 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 49 Authorised by the Chief Parliamentary Counsel 62 New section 103 inserted After section 102 of the County Court Act 1958 insert— "103 Transitional and savings provisions— Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 The amendment made to section 78 by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 does not affect the validity or operation of any Rules made under that section as in force immediately before that amendment.". Division 4—Supreme Court Act 1986 63 New section 24B inserted After section 24A of the Supreme Court Act 1986 insert— "24B Court may issue or transmit court documents electronically (1) Any order, judgment, process or other document that the Court, a Judge of the Court, an Associate Judge, a judicial registrar or a court official may issue or transmit under this Act or any other Act, statutory rule or other enactment or law may be issued or transmitted by electronic communication. (2) If any provision of an Act, a statutory rule or other enactment or law in Victoria permits or requires any order, judgment, process or other document to be issued or transmitted by manual means, that requirement is taken -- 54 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 50 Authorised by the Chief Parliamentary Counsel to be met if the issuing or transmission occurs by electronic communication. Example If an Act or other law requires or permits the Court to sign or seal a document, the Court could use an electronic signature or electronic seal and the requirement is met in the same way as if he document had been signed or sealed by hand. (3) Nothing in this section— (a) limits the Court, a Judge of the Court, an Associate Judge, a judicial registrar or a court official from issuing or providing any order, judgment, process or other document in paper form; or (b) affects or limits any practice, procedure or Rules of Court that provide for electronic processes in the Court; or (c) affects or limits the power to make Rules of Court; or (d) limits any other power of the Court, a Judge of the Court, an Associate Judge, a judicial registrar or a court official.". 64 Power to make Rules Before section 25(1)(b) of the Supreme Court Act 1986 insert— "(ai) electronic communication and electronic processes, including, but not limited to— (i) applications by electronic means, electronic filing and electronic service of documents in any proceeding; and -- 55 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 51 Authorised by the Chief Parliamentary Counsel (ii) the transmission and issuing of orders, judgments, processes and other documents by electronic communication; and (iii) use of electronic signatures and seals;". 65 New section 156 inserted After section 155 of the Supreme Court Act 1986 insert— "156 Transitional and savings provisions— Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 The amendment made to section 25 by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 does not affect the validity or operation of any Rules of Court made under that section as in force immediately before that amendment.". Division 5—Victorian Civil and Administrative Tribunal Act 1998 66 New section 132A inserted After section 132 of the Victorian Civil and Administrative Tribunal Act 1998 insert— "132A Tribunal may issue or transmit documents electronically (1) Any order, determination or other document that the Tribunal, a member of the Tribunal, the principal registrar or a registrar may issue or transmit under this Act or any other Act, statutory rule or other enactment or law may be issued or transmitted by electronic communication. -- 56 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 52 Authorised by the Chief Parliamentary Counsel (2) If any provision of an Act, a statutory rule or other enactment or law in Victoria permits or requires any order, determination or other document to be issued or transmitted by manual means, that requirement is taken to be met if the issuing or transmission occurs by electronic communication. Example If an Act or other law requires or permits the Tribunal to sign or seal a document, the Tribunal could use an electronic signature or electronic seal and the requirement is met in the same way as if the document had been signed or sealed by hand. (3) Nothing in this section— (a) limits the Tribunal, a member of the Tribunal, the principal registrar or a registrar from issuing or providing any order, determination or other document in paper form; or (b) affects or limits any practice, procedure or rules that provide for electronic processes in the Tribunal; or (c) affects or limits the power to make rules; or (d) limits any other power of the Tribunal, a member of the Tribunal, the principal registrar or a registrar.". 67 Subject matter for rules At the end of Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998 insert— "Electronic communication and electronic processes, including, but not limited to— (a) applications by electronic means and electronic filing of documents in any proceeding; and -- 57 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 53 Authorised by the Chief Parliamentary Counsel (b) the transmission and issuing of orders, determinations and other documents by electronic communication; and (c) use of electronic signatures and seals.". 68 New section 172 inserted After section 171 of the Victorian Civil and Administrative Tribunal Act 1998 insert— "172 Transitional and savings provisions— Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 The amendment made to Schedule 2 by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 does not affect the validity or operation of any rules made under section 157 and that Schedule as in force immediately before that amendment.". Division 6—Coroners Act 2008 69 New section 102AA inserted After section 102 of the Coroners Act 2008 insert— "102AA Coroners Court may issue or transmit court documents electronically (1) Any order, determination or other document that the Coroners Court, a coroner, a judicial registrar or a registrar may issue or transmit under this Act or any other Act, statutory rule or other enactment or law may be issued or transmitted by electronic communication. (2) If any provision of an Act, a statutory rule or other enactment or law in Victoria permits or requires any order, determination or other document to be issued or transmitted by -- 58 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 54 Authorised by the Chief Parliamentary Counsel manual means, that requirement is taken to be met if the issuing or transmission occurs by electronic communication. Example If an Act or other law requires or permits the Coroners Court to sign or seal a document, the Coroners Court could use an electronic signature or electronic seal and the requirement is met in the same way as if the document had been signed or sealed by hand. (3) Nothing in this section— (a) limits the Coroners Court, a coroner, a judicial registrar or a registrar from issuing or providing any order, determination or other document in paper form; or (b) affects or limits any practice, procedure or rules that provide for electronic processes in the Coroners Court; or (c) affects or limits the power to make rules; or (d) limits any other power of the Coroners Court, a coroner, a judicial registrar or a registrar.". 70 Rules of the Coroners Court After section 105(1)(b) of the Coroners Act 2008 insert— "(baa) electronic communication and electronic processes in the Coroners Court, including, but not limited to— (i) applications by electronic means, electronic filing and electronic service of documents in any matter under this Act; and -- 59 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 55 Authorised by the Chief Parliamentary Counsel (ii) the transmission and issuing of orders, determinations and other documents by electronic communication; and (iii) use of electronic signatures and seals;". 71 New section 121 inserted After section 120 of the Coroners Act 2008 insert— "121 Transitional and savings provisions— Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 The amendment made to section 105 by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 does not affect the validity or operation of any rules made under that section as in force immediately before that amendment.". Division 7—Personal Safety Intervention Orders Act 2010 72 How application is to be made After section 13(2) of the Personal Safety Intervention Orders Act 2010 insert— "(3) Unless the rules of court otherwise provide, an application may be made by a police officer by telephone, fax or other electronic communication.". 73 Section 14 repealed Section 14 of the Personal Safety Intervention Orders Act 2010 is repealed. -- 60 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 56 Authorised by the Chief Parliamentary Counsel 74 Application to be supported by oral evidence or affidavit unless requirement waived (1) In section 38(1)(b) of the Personal Safety Intervention Orders Act 2010 omit "the application is made under section 14 by telephone, fax or other electronic communication and". (2) After section 38(1) of the Personal Safety Intervention Orders Act 2010 insert— "(1A) The court may waive the requirement that the application be supported by oral evidence or an affidavit if the applicant is a police officer and the application is made by electronic communication— (a) provided that the court has considered whether it is practicable to obtain oral evidence or an affidavit before making the interim order; or (b) the application is made before 9 a.m. or after 5 p.m. on a weekday or on a Saturday, Sunday or a public holiday and the application was certified in accordance with section 13(2).". 75 Interim order made on electronic application (1) In the heading to section 41 of the Personal Safety Intervention Orders Act 2010, after "application" insert "by police". (2) In section 41 of the Personal Safety Intervention Orders Act 2010, after "application made" insert "by police". -- 61 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 57 Authorised by the Chief Parliamentary Counsel 76 Rules of court and practice directions for Magistrates' Court (1) After section 183(2)(b) of the Personal Safety Intervention Orders Act 2010 insert— "(ba) processes and procedures for making and filing applications under this Act, including, but not limited to— (i) making and filing applications by electronic communication; and (ii) providing for different requirements, procedures or processes in relation to applications made during court hours, after hours or in remote areas and applications where the applicant or respondent is an adult or a child;". (2) In section 183(4) of the Personal Safety Intervention Orders Act 2010, after "this Act" insert ", including, but not limited to, making and filing applications by electronic communication". 77 Rules of court and practice directions for Children's Court (1) After section 184(2)(b) of the Personal Safety Intervention Orders Act 2010 insert— "(ba) processes and procedures for making and filing applications under this Act, including, but not limited to— (i) making and filing applications by electronic communication; and (ii) providing for different requirements, procedures or processes in relation to applications made during court hours, after hours or in remote areas and applications where the applicant or respondent is an adult or a child;". -- 62 of 96 -- Part 5—Amendments related to electronic communications Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 58 Authorised by the Chief Parliamentary Counsel (2) In section 184(4) of the Personal Safety Intervention Orders Act 2010, after "this Act" insert ", including, but not limited to, making and filing applications by electronic communication". 78 New Division 4 of Part 13 inserted After Division 3 of Part 13 of the Personal Safety Intervention Orders Act 2010 insert— "Division 4—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 198 Transitional and savings provisions— Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 The amendments made to sections 183 and 184 by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 do not affect the validity or operation of any rules of court made under those sections as in force immediately before those amendments.". -- 63 of 96 -- Part 6—Consequential amendments to other Acts—electronic communication and other matters Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 59 Authorised by the Chief Parliamentary Counsel Part 6—Consequential amendments to other Acts—electronic communication and other matters Division 1—Confiscation Act 1997 79 Section 31E amended (1) In the heading to section 31E of the Confiscation Act 1997, for "etc." substitute "or other electronic communication". (2) In section 31E of the Confiscation Act 1997— (a) in subsection (1), after "form of" insert "electronic"; (b) in subsection (2), after "machine" insert "or other electronic communication". 80 Making of freezing order In section 31F of the Confiscation Act 1997— (a) in subsection (5)(b), after "machine" insert "or other electronic communication"; (b) in subsection (6), after "machine" insert "or other electronic communication". 81 Notice of freezing order In section 31G of the Confiscation Act 1997— (a) in subsections (1) and (2) omit "or by facsimile"; (b) in subsection (4), after "facsimile" insert "or other electronic communication". 82 Warrant may be granted by telephone In section 81 of the Confiscation Act 1997— (a) in subsection (3), after "machine" insert "or other electronic communication". -- 64 of 96 -- Part 6—Consequential amendments to other Acts—electronic communication and other matters Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 60 Authorised by the Chief Parliamentary Counsel (b) in subsection (5)(b), after "machine" insert "or other electronic communication"; (c) in subsection (6), after "machine" insert "or other electronic communication". 83 How is an information notice given? In section 118I of the Confiscation Act 1997, after "facsimile" insert "or other electronic communication". 84 Reports to the Minister In section 139A(1)(b)(ii) of the Confiscation Act 1997, after "facsimile" insert "or other electronic communication". Division 2—Corrections Act 1986 85 Execution of warrants In section 79I of the Corrections Act 1986, after "facsimile machine" insert "or other electronic communication". Division 3—Crimes Act 1958 86 Interim orders (1) In section 464V(4) of the Crimes Act 1958, for "telephone" substitute "audio link or audio visual link". (2) In section 464V(5)(c) of the Crimes Act 1958, for "telephone" substitute "audio link or audio visual link". (3) In section 464V(6)(c) of the Crimes Act 1958, for "telephone" substitute "audio link or audio visual link". -- 65 of 96 -- Part 6—Consequential amendments to other Acts—electronic communication and other matters Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 61 Authorised by the Chief Parliamentary Counsel 87 Section 464W amended (1) Insert the following heading to section 464W of the Crimes Act 1958— "Application by audio link or audio visual link for interim order". (2) In section 464W(1) of the Crimes Act 1958, for "telephone" substitute "audio link or audio visual link". (3) In section 464W(3) of the Crimes Act 1958— (a) after "machine" insert "or other electronic communication"; (b) omit "by telephone". (4) In section 464W(5) of the Crimes Act 1958, for "telephone" substitute "audio link or audio visual link". (5) In section 464W(6) of the Crimes Act 1958, after "machine" insert "or other electronic communication". (6) In section 464W(8) of the Crimes Act 1958— (a) for "telephone" insert "audio link or audio visual link"; (b) in paragraphs (a) and (b), after "machine" insert "or other electronic communication". (7) In section 464W(10) of the Crimes Act 1958, for "telephone" substitute "audio link or audio visual link". -- 66 of 96 -- Part 6—Consequential amendments to other Acts—electronic communication and other matters Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 62 Authorised by the Chief Parliamentary Counsel (8) After section 464W(10) of the Crimes Act 1958 insert— "(11) In section 464V and this section— audio link means facilities (including telephone) that enable audio communication between persons at different places; audio visual link means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places. (12) Nothing in section 464V or this section engages the provisions of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958.". Division 4—Crown Proceedings Act 1958 88 Fines to be recoverable by judgment In section 4 of the Crown Proceedings Act 1958, omit "under his hand". 89 Second Schedule amended In the Second Schedule to the Crown Proceedings Act 1958, for "Given under my hand this day of 19" substitute— "Date: Signed:". Division 5—Drugs, Poisons and Controlled Substances Act 1981 90 Warrant to search premises In section 81(1) of the Drugs, Poisons and Controlled Substances Act 1981 omit "under his hand". -- 67 of 96 -- Part 6—Consequential amendments to other Acts—electronic communication and other matters Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 63 Authorised by the Chief Parliamentary Counsel 91 Schedule Ten amended In Schedule Ten to the Drugs, Poisons and Controlled Substances Act 1981, for "Given under my hand" substitute "Signed". Division 6—Gambling Regulation Act 2003 92 Schedule 4 amended In Schedule 4 to the Gambling Regulation Act 2003, for "Given under my hand at on" substitute— "Dated at on:". Division 7—Land Act 1958 93 Power of applicant to summon Registrar to show cause if dissatisfied In section 369(1) of the Land Act 1958— (a) omit "under his hand"; (b) for "under the hand of a judge" substitute "by a judge". Division 8—Major Crime (Investigative Powers) Act 2004 94 Remote application (1) In section 6(1) of the Major Crime (Investigative Powers) Act 2004, for ", e-mail or any other means of communication" substitute "or other electronic communication". (2) In section 6(2) of the Major Crime (Investigative Powers) Act 2004, after "fax" insert "or other electronic communication". -- 68 of 96 -- Part 6—Consequential amendments to other Acts—electronic communication and other matters Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 64 Authorised by the Chief Parliamentary Counsel Division 9—Petroleum Products Subsidy Act 1965 95 Offences In section 15(5) of the Petroleum Products Subsidy Act 1965, for "under the hand of" substitute "signed by". Division 10—National Domestic Violence Order Scheme Act 2016 96 Properly notified—meaning In section 16(1)(b)(i) of the National Domestic Violence Order Scheme Act 2016, after "57(1)" insert ", 60G(1)". Division 11—Sex Work Act 1994 97 Entry to unlicensed premises—without search warrant In section 64(2)(b) of the Sex Work Act 1994 after "machine" insert "or other electronic communication". 98 Entry to premises without planning permit— without search warrant In section 78B(2)(b) of the Sex Work Act 1994 after "machine" insert "or other electronic communication". Division 12—Surveillance Devices Act 1999 99 Remote application (1) In section 16(1) of the Surveillance Devices Act 1999, for ", e-mail or any other means of communication" substitute "or other electronic communication". (2) In section 16(2) of the Surveillance Devices Act 1999, after "fax" insert "or other electronic communication". -- 69 of 96 -- Part 6—Consequential amendments to other Acts—electronic communication and other matters Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 65 Authorised by the Chief Parliamentary Counsel 100 Determining the application After section 17(2) of the Surveillance Devices Act 1999 insert— "(3) A surveillance device warrant may be issued in paper form or electronically.". 101 What must a surveillance device warrant contain? For section 18(3) of the Surveillance Devices Act 1999 substitute— "(3) A warrant must— (a) be signed by the person issuing it (either by hand or with an electronic signature); and (b) include the name of the person issuing it.". 102 Remote application (retrieval warrant) (1) In section 20D(1) of the Surveillance Devices Act 1999, for ", e-mail or any other means of communication" substitute "or other electronic communication". (2) In section 20D(2) of the Surveillance Devices Act 1999, after "fax" insert "or other electronic communication". 103 Determining the application After section 20E(2) of the Surveillance Devices Act 1999 insert— "(3) A retrieval warrant may be issued in paper form or electronically.". -- 70 of 96 -- Part 6—Consequential amendments to other Acts—electronic communication and other matters Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 66 Authorised by the Chief Parliamentary Counsel 104 What must a retrieval warrant contain? For section 20F(2) of the Surveillance Devices Act 1999 substitute— "(2) A retrieval warrant must— (a) be signed by the person issuing it (either by hand or with an electronic signature); and (b) include the name of the person issuing it.". Division 13—Terrorism (Community Protection) Act 2003 105 Warrant may be granted by telephone In section 10 of the Terrorism (Community Protection) Act 2003— (a) in subsection (3), after "machine" insert "or other electronic communication"; (b) in subsection (5)(b), after "machine" insert "or other electronic communication"; (c) in subsection (6), after "machine" insert "or other electronic communication". Division 14—Unlawful Assemblies and Processions Act 1958 106 Magistrate may appoint special constables In section 13 of the Unlawful Assemblies and Processions Act 1958, for "under the magistrate's hand" substitute "signed by the magistrate". -- 71 of 96 -- Part 6—Consequential amendments to other Acts—electronic communication and other matters Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 67 Authorised by the Chief Parliamentary Counsel Division 15—Statute law revision 107 Statute law revision amendment—Infringements Act 2006 In section 25 of the Infringements Act 2006— (a) after subsection (3)(d) insert— "(da) make an FVS application within the meaning the Fines Reform Act 2014, unless the person has already made an FVS application in respect of the infringement notice; or"; (b) after subsection (5)(e) insert— "(ea) make an FVS application within the meaning the Fines Reform Act 2014, unless the person has already made an FVS application in respect of the infringement notice; or". -- 72 of 96 -- Part 7—Amendments in relation to interim family violence and personal safety intervention orders Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 68 Authorised by the Chief Parliamentary Counsel Part 7—Amendments in relation to interim family violence and personal safety intervention orders Division 1—Family Violence Protection Act 2008 108 Court may make interim order After section 53(3) of the Family Violence Protection Act 2008 insert— "(4) The court may make an interim order at any time after the making of an application for a family violence intervention order and before the final decision about the application is made, and may do so whether or not the court has previously made or refused to make an interim order.". 109 Application made by respondent for variation or revocation of family violence intervention order (1) In section 109(2) of the Family Violence Protection Act 2008— (a) for "The court may" substitute "Except as provided by subsection (2A), the court may"; (b) in paragraph (b), for "order." substitute "order; and"; (c) after paragraph (b) insert— "(c) in the case of an interim order, it is in the interests of justice that the application be determined immediately, rather than waiting for the hearing of the application for the final order.". -- 73 of 96 -- Part 7—Amendments in relation to interim family violence and personal safety intervention orders Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 69 Authorised by the Chief Parliamentary Counsel (2) After section 109(2) of the Family Violence Protection Act 2008 insert— "(2A) In the case of an interim order made when the respondent was not present— (a) the court may grant leave under subsection (1) if the court is satisfied that it is in the interests of justice to do so, having regard to the reasons the respondent was not present when the order was made; and (b) if the court grants leave, it may, instead of varying or revoking the order, set aside the order if the court is satisfied that there are exceptional circumstances that justify setting aside the order. (2B) Subsection (2A) applies only if the respondent seeks leave within 21 days after the day on which a copy of the order was served on the respondent. (2C) The court may extend the time referred to in subsection (2B) if the court is satisfied that there are exceptional circumstances.". 110 Who may appeal In section 114(2) of the Family Violence Protection Act 2008— (a) in paragraph (b), for "that section." substitute "that section; and"; (b) after paragraph (b) insert— "(c) there is no appeal against an interim order or a refusal to make an interim order.". -- 74 of 96 -- Part 7—Amendments in relation to interim family violence and personal safety intervention orders Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 70 Authorised by the Chief Parliamentary Counsel 111 Supreme Court—limitation of jurisdiction At the end of section 208 of the Family Violence Protection Act 2008 insert— "(2) It is the intention of section 114 to alter or vary section 85 of the Constitution Act 1975.". Division 2—Personal Safety Intervention Orders Act 2010 112 Court may make interim order After section 35(5) of the Personal Safety Intervention Orders Act 2010 insert— "(6) The court may make an interim order at any time after the making of an application for a personal safety intervention order and before the final decision about the application is made, and may do so whether or not the court has previously made or refused to make an interim order.". 113 Application made by respondent for variation or revocation of personal safety intervention order (1) In section 86(2) of the Personal Safety Intervention Orders Act 2010— (a) for "The court may" substitute "Except as provided by subsection (3), the court may"; (b) in paragraph (b), for "order." substitute "order; and"; (c) after paragraph (b) insert— "(c) in the case of an interim order, it is in the interests of justice that the application be determined immediately, rather than waiting for the hearing of the application for the final order.". -- 75 of 96 -- Part 7—Amendments in relation to interim family violence and personal safety intervention orders Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 71 Authorised by the Chief Parliamentary Counsel (2) After section 86(2) of the Personal Safety Intervention Orders Act 2010 insert— "(3) In the case of an interim order made when the respondent was not present— (a) the court may grant leave under subsection (1) if the court is satisfied that it is in the interests of justice to do so, having regard to the reasons the respondent was not present when the order was made; and (b) if the court grants leave, it may, instead of varying or revoking the order, set aside the order if the court is satisfied that there are exceptional circumstances that justify setting aside the order. (4) Subsection (3) applies only if the respondent seeks leave within 21 days after the day on which a copy of the order was served on the respondent. (5) The court may extend the time referred to in subsection (4) if the court is satisfied that there are exceptional circumstances.". 114 Who may appeal For section 91(2) of the Personal Safety Intervention Orders Act 2010 substitute— "(2) Despite subsection (1)— (a) an appeal against an order referred to in section 95 may be made only with the consent of the relevant person under that section; and (b) there is no appeal against an interim order or a refusal to make an interim order.". -- 76 of 96 -- Part 7—Amendments in relation to interim family violence and personal safety intervention orders Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 72 Authorised by the Chief Parliamentary Counsel 115 Supreme Court—limitation of jurisdiction At the end of section 182 of the Personal Safety Intervention Orders Act 2010 insert— "(2) It is the intention of section 91 to alter or vary section 85 of the Constitution Act 1975.". -- 77 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 73 Authorised by the Chief Parliamentary Counsel Part 8—Amendments in relation to recorded statements 116 New Division 7B inserted in Part 8.2 After section 387B of the Criminal Procedure Act 2009 insert— "Division 7B—Use of recorded evidence-in-chief of complainant in family violence offence proceedings 387C Definitions (1) In this Division— family violence offence means— (a) an offence against section 37(2), 37A(2), 123(2), 123A(2) or 125A(1) of the Family Violence Protection Act 2008; or (b) an offence where the conduct of the accused is family violence within the meaning of that Act; recorded statement means an audiovisual or audio recording of a complainant answering questions put to the complainant by a trained police officer; trained police officer means a police officer who has successfully completed a training course approved by the Chief Commissioner of Police under subsection (2). (2) The Chief Commissioner of Police may approve one or more training courses for police officers for the purposes of this Division. -- 78 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 74 Authorised by the Chief Parliamentary Counsel 387D Application of Division (1) This Division applies to a criminal proceeding (including a summary hearing, a committal proceeding and a trial) that relates (wholly or partly) to a charge for a family violence offence. Note Sections 387J and 387K apply to other proceedings. (2) However, this Division does not apply if the accused was under the age of 18 years at the time the family violence offence is alleged to have been committed. 387E Use of recorded statement as complainant's evidence-in-chief (1) A complainant may give evidence-in-chief (wholly or partly) in the form of a recorded statement in accordance with this Division. (2) In determining whether or not to have a complainant give evidence wholly or partly in the form of a recorded statement, the prosecution must taken into account— (a) the wishes of the complainant; and (b) any evidence of intimidation of the complainant by the accused; and (c) the purpose of the Family Violence Protection Act 2008. Note The purpose of the Family Violence Protection Act 2008 is set out in section 1 of that Act. -- 79 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 75 Authorised by the Chief Parliamentary Counsel 387F Admissibility of recorded evidence-in- chief (1) Subject to this Division, a recorded statement referred to in section 387E is admissible in evidence as if its contents were the direct testimony of the complainant— (a) in the proceeding; and (b) unless the relevant court otherwise orders, in any new trial of, or appeal from, the proceeding. (2) Subject to subsection (4), a recorded statement is admissible under subsection (1) if— (a) the recorded statement complies with section 387G; and (b) subject to subsection (3), a copy or transcript of the recorded statement was served in accordance with section 387H; and (c) subject to subsection (3), the court is satisfied that, if the accused is not represented by a legal practitioner, the accused was given a reasonable opportunity to— (i) view the recorded statement if it is in the form of an audiovisual recording; or (ii) listen to the recorded statement if it exists only in the form of an audio recording and the accused has not been served with a copy of it; and -- 80 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 76 Authorised by the Chief Parliamentary Counsel (d) at the hearing of the proceeding, the complainant— (i) identifies himself or herself and attests to the truthfulness of the contents of the recorded statement; and (ii) is available for cross-examination and re-examination. (3) A recorded statement is admissible under subsection (1) despite non-compliance with subsection (2)(b) or (c) if the parties consent to its use as the complainant's evidence-in- chief. (4) The court may rule as inadmissible the whole or any part of the content of a recorded statement and, if so, the court may direct that the recorded statement be edited or otherwise altered to delete any part that is inadmissible. (5) Without limiting what is a reasonable opportunity for the purposes of subsection (2)(c), a reasonable opportunity is taken to have been given if— (a) the accused was given an opportunity to view or listen to the recorded statement, as referred to in subsection (2)(c), while being questioned in relation to the alleged family violence offence; or (b) the informant notified the accused in writing that the accused had the right to view or listen to the recorded statement, as referred to in subsection (2)(c), on a day arranged with the informant. -- 81 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 77 Authorised by the Chief Parliamentary Counsel 387G Requirements for making recorded statement (1) To be admissible as evidence-in-chief under section 387F, a recorded statement— (a) must be made— (i) as soon as practicable after the events constituting the alleged family violence offence to which the statement relates occurred; and (ii) with the complainant's informed consent; and (b) must include, at the end of the recording, an attestation by the complainant as to the truth of the content of the statement; and (c) subject to subsection (2), must be in the form of an audiovisual recording. (2) In exceptional circumstances and having regard to whether the accused would be unfairly prejudiced, the court may admit as evidence-in-chief a recorded statement in the form of an audio recording, if an audiovisual recording of the statement is not available. (3) A recorded statement is made with informed consent if— (a) the trained police officer informs the complainant that— (i) the recorded statement may be used in evidence in a criminal proceeding, a proceeding for a family violence intervention order or, if a court or tribunal orders, another proceeding; and -- 82 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 78 Authorised by the Chief Parliamentary Counsel (ii) the complainant may be required to give further evidence in the proceeding, including further evidence-in-chief and evidence on cross-examination and re-examination; and (iii) the complainant may refuse consent to the making of the recorded statement; and (b) the complainant indicates in the recorded statement that the complainant— (i) understands the matters referred to in paragraph (a); and (ii) consents to the making of the recorded statement. (4) If any part of a recorded statement is in a language other than English— (a) the recorded statement must contain an oral translation of the part into English; or (b) a separate written English translation of the part must accompany the recorded statement. 387H Service of recorded statement (1) A recorded statement must be served on the accused or the accused's legal practitioner in accordance with Part 3.2, Part 4.4 or Part 5.5, as the case requires, subject to the following modifications— -- 83 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 79 Authorised by the Chief Parliamentary Counsel (a) if the accused is represented by a legal practitioner, the legal practitioner must be served with an audiovisual copy of the recorded statement (or an audio copy if the statement is in audio form) but must not give a copy of the recorded statement to the accused or allow the accused to be given, or take a copy of, the recorded statement; (b) if the accused is not represented by a legal practitioner, the accused must be served with— (i) an audio copy of the recorded statement (whether the recorded statement is in audio or audiovisual form); or (ii) in the circumstances described in subsection (2), a transcript of the recorded statement. (2) For the purposes of subsection (1)(b)(ii), an accused is to be served with a transcript rather than an audio copy only if the informant or prosecutor believes that— (a) serving an audio copy on the accused would be likely to present a reasonably ascertainable risk that the accused would commit an offence under section 387L(1) or (2) in relation to the recorded statement; or (b) in the particular circumstances of the accused, a transcript is required. Example An example for subsection (2)(b) is where an accused is hearing impaired and would not be able to listen to an audio copy of the recorded statement. -- 84 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 80 Authorised by the Chief Parliamentary Counsel (3) In addition to subsection (1), if a recorded statement is to be used in a committal proceeding or a trial on indictment, a transcript of the recorded statement must be served on the accused or the accused's legal practitioner in the same manner as the recorded statement is served under Part 4.4 or Part 5.5, as the case requires. 387I Editing or otherwise altering recorded statement A recorded statement may be edited or otherwise altered only— (a) with the consent of the parties to the proceeding; or (b) if editing or altering the statement is required— (i) so as to avoid disclosure of material that is not required to be disclosed, or must not be disclosed, to the accused; or (ii) to comply with a direction of the court under section 387F(4); or (iii) for the purpose referred to in section 387L(4)(h). Examples Examples for paragraph (b)(i) include editing a recorded statement— • to avoid disclosure of a confidential source of information to the accused—see section 45(1)(c); • to avoid disclosure of certain law enforcement methods or procedures to the accused—see section 45(1)(d); • to avoid disclosure of child abuse material to the accused—see section 185A; -- 85 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 81 Authorised by the Chief Parliamentary Counsel • to avoid disclosure of addresses or telephone numbers to the accused—see section 186. Note If a recorded statement is edited or altered to avoid the disclosure of material, certain notice requirements may apply—see section 41(1)(f). 387J Court or tribunal may order production of recorded statement in certain circumstances (1) A court or tribunal may order that a recorded statement be produced for use in a proceeding (other than the proceeding in which the statement was used as evidence- in-chief under section 387E or a proceeding referred to in section 387K) before that court or tribunal if the court or tribunal is satisfied that it is in the interests of justice to do so. (2) Subsection (1) applies whether or not the proceeding relates to a charge for a family violence offence. (3) If a court or tribunal makes an order under subsection (1), it must also specify— (a) the persons who may view or listen to the recording; and (b) when and where the recording is required to be produced; and (c) if necessary, any requirements as to the destruction of the recording. (4) In making an order under subsection (1), the court or tribunal must have regard to the need to protect the privacy of the complainant. -- 86 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 82 Authorised by the Chief Parliamentary Counsel 387K Use of recorded statement in family violence intervention order proceeding (1) This section applies if— (a) an application for a family violence intervention order under the Family Violence Protection Act 2008 arises from the circumstances of the alleged family violence offence in relation to which a recorded statement has been made (whether or not the statement has been used in proceedings referred to in section 387D(1) or whether or not any such proceedings have commenced); or (b) in a proceeding for a family violence intervention order under the Family Violence Protection Act 2008 an affected family member is the complainant who made a recorded statement and the respondent is the person accused of the family violence offence to which the statement relates (whether or not the statement has been used in proceedings referred to in section 387D(1) or whether or not any such proceedings have commenced). (2) Without limiting section 65(1) of the Family Violence Protection Act 2008, the recorded statement may be used as evidence in the proceeding for the family violence intervention order. Note Section 387L sets out the circumstances in which the respondent may be given, or is not permitted to possess, a copy of the recorded statement and the form in which that statement may be given—see section 387L(3), (4), (5) and (6). -- 87 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 83 Authorised by the Chief Parliamentary Counsel (3) In this section, affected family member, family violence intervention order and respondent have the same meaning as in the Family Violence Protection Act 2008. 387L Offences in relation to recorded statements (1) Unless permitted to do so by this section, a person must not publish a recorded statement. Penalty: Level 7 imprisonment (2 years maximum). (2) Unless permitted to do so by this section, a person, other than the complainant, must not knowingly— (a) copy a recorded statement; or (b) supply a recorded statement or a copy of a recorded statement to another person. Penalty: Level 7 imprisonment (2 years maximum). (3) Unless permitted to do so by this section, a person, other than the complainant, must not knowingly possess a recorded statement. Penalty: Level 8 imprisonment (1 year maximum). (4) A person may possess, publish or copy a recorded statement, or supply a recorded statement or a copy of a recorded statement to another person— (a) for the purpose of investigating the family violence offence to which the recorded statement relates; or (b) for the purpose of preparing for the proceeding in which the recorded -- 88 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 84 Authorised by the Chief Parliamentary Counsel statement is proposed to be used in evidence, including a proceeding for a family violence intervention order referred to in section 387K; or (c) for the purpose of complying with a court order or tribunal order under section 387J or for preparing for a proceeding to which such an order relates; or (d) for the purpose of the performance of official functions by— (i) a member of Victoria Police personnel; or (ii) a member of staff of the Office of Public Prosecutions; or (iii) a judicial officer, member or member of staff of a court or tribunal; or (e) for the purpose of an investigation or inquest under the Coroners Act 2008; or (f) for purposes connected with disciplinary action against a police officer under the Victoria Police Act 2013; or (g) for purposes connected with an investigation into the proper exercise of power by a public official, including an investigation by the Independent Broad-based Anti-Corruption Commission; or (h) for the purpose of training or teaching a prescribed person or testing recording equipment if— -- 89 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 85 Authorised by the Chief Parliamentary Counsel (i) the accused to whom the recorded statement relates has been convicted or found guilty of the charge to which the statement relates; and (ii) all legal proceedings in relation to the subject matter in the recorded statement have been concluded; and (iii) either the complainant consents to the use of the recorded statement for the purpose or the recorded statement is edited or otherwise altered so as to prevent the identification of the complainant and any person referred to in the statement; or (i) for a purpose, or in the circumstances, prescribed by the regulations. (5) A person may possess a recorded statement (whether in audiovisual form or audio form) if the statement was— (a) served on that person in accordance with this Act; or (b) subject to subsection (6), otherwise lawfully supplied to that person. (6) Subsection (5)(b) does not apply in relation to— (a) the supply of a recorded statement in audiovisual form, or a copy of it, to the accused or respondent; or (b) if the accused or respondent was served only with a transcript of a recorded statement in accordance with section 387H(2), the supply of the -- 90 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 86 Authorised by the Chief Parliamentary Counsel recorded statement in audio form, or a copy of it, to the accused or respondent. (7) For the purposes of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958, the complainant is not involved in the commission of an offence against this section by the accused or respondent, and is not punishable as a principal offender, only because the complainant supplied a recorded statement, or a copy of a recorded statement, to the accused or respondent. (8) This section does not apply to the publication or supply of a recorded statement as part of the publication or supply of an official court recording of proceedings. (9) In this section— member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013; prescribed person means— (a) a member of Victoria Police personnel other than a protective services officer; (b) a person or body engaged to provide services to Victoria Police in relation to the installation or maintenance of recording equipment; (c) a legal practitioner or a person training to become a legal practitioner; (d) a person, or a person belonging to a class of persons, prescribed for the purposes of this section; -- 91 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 87 Authorised by the Chief Parliamentary Counsel (e) an investigating official (as defined in section 464(2) of the Crimes Act 1958) or a person acting under an investigating official's direction; publish means disseminate or provide access to the public or a section of the public by any means, including by— (a) publication in a book, newspaper, magazine or other written publication; or (b) broadcast by radio or television; or (c) public exhibition; or (d) broadcast or electronic communication; respondent has the same meaning as in the Family Violence Protection Act 2008. 387M Division does not affect other provisions This Division is in addition to the other provisions of this Part and of the Evidence Act 2008 and does not, unless the contrary intention appears, affect the operation of those provisions or that Act. Examples This Division does not affect— • Division 2, which provides for restrictions on the admissibility of evidence about a complainant in criminal proceedings for sexual offences; • section 65 of the Evidence Act 2008, which is an exception to the hearsay rule if a person is not available to give evidence; -- 92 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 88 Authorised by the Chief Parliamentary Counsel • Part 3.10 of the Evidence Act 2008, which deals with various privileges in relation to evidence. 387N Relationship with Surveillance Devices Act 1999 Despite anything to the contrary in the Surveillance Devices Act 1999, a recorded statement made for the purposes of this Division is not protected information for the purposes of Division 1 of Part 5 of that Act. 387O Review of Division (1) The Chief Commissioner of Police must cause a review of the operation of this Division to be undertaken by a person who is not a member of Victoria Police personnel (within the meaning of the Victoria Police Act 2013). (2) The review must consider the following— (a) the impact of the operation of the Division on the time taken to finalise proceedings for family violence offences, including the impact on the rate of guilty pleas and convictions; (b) the use of recorded statements in proceedings for family violence intervention orders, including the frequency of the use and the outcome of proceedings in which they were used; (c) the impact of the operation of the Division on police prosecutors, the Office of Public Prosecutions, legal service providers and the courts, including the role of transcripts in the preparation and conduct of proceedings; -- 93 of 96 -- Part 8—Amendments in relation to recorded statements Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 89 Authorised by the Chief Parliamentary Counsel (d) the impact of the operation of the Division on the experience of complainants during proceedings for family violence offences and for family violence intervention orders; (e) any other matters that indicate whether the operation of the Division has led to the more efficient administration of justice. (3) The review must also consider whether— (a) complainants should continue to be prohibited from publishing their own recorded statements; and (b) other persons should be permitted to publish a recorded statement with the complainant's consent. (4) The Chief Commissioner of Police must give a written report on the outcome of the review to the Minister before the 3rd anniversary of the commencement of this Division. (5) The Minister must cause the report to be laid before each House of Parliament within 7 sitting days of that House after the Minister receives the report. 387P Repeal of Division This Division is repealed on the 4th anniversary of its commencement.". -- 94 of 96 -- Part 9—Repeal of amending Act Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 90 Authorised by the Chief Parliamentary Counsel Part 9—Repeal of amending Act 117 Repeal of amending Act This Act is repealed on 1 September 2021. Note 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). ═════════════ -- 95 of 96 -- Endnotes Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 No. 33 of 2018 91 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 6 June 2018 Legislative Council: 21 June 2018 The long title for the Bill for this Act was "A Bill for an Act to amend the Children, Youth and Families Act 2005, the Coroners Act 2008, the County Court Act 1958, the Criminal Procedure Act 2009, the Family Violence Protection Act 2008, the Magistrates' Court Act 1989, the Personal Safety Intervention Orders Act 2010, the Supreme Court Act 1986 and the Victorian Civil and Administrative Tribunal Act 1998, to make consequential amendments to other Acts and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 6 June 2018 Legislative Council: 21 June 2018 Absolute majorities: Legislative Assembly: 21 June 2018 Legislative Council: 7 August 2018 -- 96 of 96 --