Crimes Legislation Amendment Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Crimes Legislation Amendment Act 2016 No. 28 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Sentences for certain offences committed against custodial officers on duty 3 3 Custodial sentence for certain offences against emergency workers and custodial officers on duty 3 4 Special reasons relevant to imposing minimum non-parole periods 5 5 New section 158 inserted 5 6 Legislative notes 5 Part 3—Assault offences against custodial officers on duty 7 7 Assaults 7 8 Assaulting, etc. emergency workers, custodial officers or local authority staff on duty 7 Part 4—Use of recorded evidence in criminal proceedings 9 Division 1—Recorded evidence of complainant given in summary hearing of certain sexual offences 9 9 New Division 7A of Part 8.2 of the Criminal Procedure Act 2009 inserted 9 10 Minor amendment 10 11 Legislative notes 11 Division 2—Further amendments 11 12 Division 7A of Part 8.2 of the Criminal Procedure Act 2009 amended 11 Part 5—Regulations under the Crimes Act 1958 12 13 New section 585AAA inserted 12 Part 6—Repeal of amending Act 13 14 Repeal of amending Act 13 ═══════════════ -- 1 of 16 -- Section Page ii Authorised by the Chief Parliamentary Counsel Endnotes 14 1 General information 14 -- 2 of 16 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Crimes Legislation Amendment Act 2016 † No. 28 of 2016 [Assented to 31 May 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to amend the Sentencing Act 1991 and the Crimes Act 1958 to provide for custodial sentences and minimum terms of imprisonment for certain offences committed against Governors, prison officers, escort officers, police custody officers and persons authorised under the Corrections Act 1986 to exercise certain functions or powers; and Victoria -- 3 of 16 -- Part 1—Preliminary Crimes Legislation Amendment Act 2016 No. 28 of 2016 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Crimes Act 1958 and the Summary Offences Act 1966 to expand existing assault offences to include Governors, prison officers, escort officers, police custody officers and persons authorised under the Corrections Act 1986 to exercise certain functions or powers; and (c) to amend the Criminal Procedure Act 2009 to provide for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court and related proceedings; and (d) to amend the Crimes Act 1958 to provide further for the making of regulations under that Act; and (e) to make minor amendments to the Children, Youth and Families Act 2005. 2 Commencement (1) This Part, Division 1 of Part 4 and Parts 5 and 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 6 February 2017, it comes into operation on that day. -- 4 of 16 -- Part 2—Sentences for certain offences committed against custodial officers on duty Crimes Legislation Amendment Act 2016 No. 28 of 2016 3 Authorised by the Chief Parliamentary Counsel Part 2—Sentences for certain offences committed against custodial officers on duty 3 Custodial sentence for certain offences against emergency workers and custodial officers on duty (1) In the heading to section 10AA of the Sentencing Act 1991, after "emergency workers" insert "and custodial officers". (2) In section 10AA(1), (2) and (4) of the Sentencing Act 1991, after "emergency worker on duty" insert "or a custodial officer on duty". (3) In section 10AA(5) of the Sentencing Act 1991— (a) in paragraph (a), after "emergency worker on duty" insert "or a custodial officer on duty (as the case may be)"; (b) in paragraph (b), after "emergency worker" insert "or a custodial officer (as the case may be)". (4) In section 10AA(8) of the Sentencing Act 1991 insert the following definition— "custodial officer means— (a) a Governor, prison officer or escort officer within the meaning of the Corrections Act 1986; or (b) a police custody officer within the meaning of the Victoria Police Act 2013; or (c) a person authorised under section 9A(1) of the Corrections Act 1986 to exercise a function or power of a Governor, a prison officer or an escort officer under that Act; or -- 5 of 16 -- Part 2—Sentences for certain offences committed against custodial officers on duty Crimes Legislation Amendment Act 2016 No. 28 of 2016 4 Authorised by the Chief Parliamentary Counsel (d) a person authorised under section 9A(1A) or (1B) of the Corrections Act 1986 to exercise a function or power referred to in that subsection;". (5) After section 10AA(9) of the Sentencing Act 1991 insert— "(10) For the purposes of this section a custodial officer is on duty if— (a) in the case of a Governor, prison officer or escort officer within the meaning of the Corrections Act 1986, the Governor or officer is exercising a function or power as a Governor, prison officer or escort officer (as the case may be); or (b) in the case of a police custody officer within the meaning of the Victoria Police Act 2013, the officer is exercising a function or power as a police custody officer; or (c) in the case of a person authorised under section 9A(1) of the Corrections Act 1986 to exercise a function or power of a Governor, a prison officer or an escort officer under that Act, the person is exercising a function or power specified in the instrument of authorisation; or (d) in the case of a person authorised under section 9A(1A) or (1B) of the Corrections Act 1986, the person is exercising a function or power specified in the instrument of authorisation.". -- 6 of 16 -- Part 2—Sentences for certain offences committed against custodial officers on duty Crimes Legislation Amendment Act 2016 No. 28 of 2016 5 Authorised by the Chief Parliamentary Counsel 4 Special reasons relevant to imposing minimum non-parole periods In section 10A(2A) of the Sentencing Act 1991, after "emergency worker on duty" insert "or a custodial officer on duty". 5 New section 158 inserted After section 157 of the Sentencing Act 1991 insert— "158 Transitional provisions—Crimes Legislation Amendment Act 2016 (1) The amendments made to this Act by Part 2 of the Crimes Legislation Amendment Act 2016 apply to the sentencing of an offender for an offence alleged to have been committed on or after the commencement of that Part. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of Part 2 of the Crimes Legislation Amendment Act 2016, the offence is alleged to have been committed before that commencement.". 6 Legislative notes (1) In note 2 at the foot of sections 15A and 15B of the Crimes Act 1958, after "emergency worker on duty" insert "or a custodial officer on duty". (2) In notes 1 and 2 at the foot of section 16 of the Crimes Act 1958, after "emergency worker on duty" insert "or a custodial officer on duty". (3) In notes 1 and 2 at the foot of section 17 of the Crimes Act 1958, after "emergency worker on duty" insert "or a custodial officer on duty". -- 7 of 16 -- Part 2—Sentences for certain offences committed against custodial officers on duty Crimes Legislation Amendment Act 2016 No. 28 of 2016 6 Authorised by the Chief Parliamentary Counsel (4) In note 1 at the foot of section 18 of the Crimes Act 1958, after "emergency worker on duty" insert "or a custodial officer on duty". -- 8 of 16 -- Part 3—Assault offences against custodial officers on duty Crimes Legislation Amendment Act 2016 No. 28 of 2016 7 Authorised by the Chief Parliamentary Counsel Part 3—Assault offences against custodial officers on duty 7 Assaults (1) In section 31(1)(b) of the Crimes Act 1958— (a) after "obstructs an emergency worker on duty" insert "or a custodial officer on duty"; (b) after "was an emergency worker" insert "or a custodial officer". (2) In section 31(1)(ba) of the Crimes Act 1958— (a) after "lawfully assisting an emergency worker on duty" insert "or a custodial officer on duty"; (b) after "was assisting an emergency worker" insert "or a custodial officer". (3) In section 31(2A) of the Crimes Act 1958 insert the following definition— "custodial officer on duty and custodial officer have the same meanings as in section 10AA of the Sentencing Act 1991.". 8 Assaulting, etc. emergency workers, custodial officers or local authority staff on duty (1) In the heading to section 51 of the Summary Offences Act 1966, for "workers" substitute "workers, custodial officers". (2) In section 51(1) of the Summary Offences Act 1966 insert the following definition— "custodial officer on duty and custodial officer have the same meanings as in section 10AA of the Sentencing Act 1991;". (3) In section 51(2) and (4) of the Summary Offences Act 1966, after "emergency worker on duty" insert "or a custodial officer on duty". -- 9 of 16 -- Part 3—Assault offences against custodial officers on duty Crimes Legislation Amendment Act 2016 No. 28 of 2016 8 Authorised by the Chief Parliamentary Counsel (4) In section 51(5) of the Summary Offences Act 1966— (a) after "an emergency worker" (where first occurring) insert ", a custodial officer"; (b) after "an emergency worker" (where secondly occurring) insert "or a custodial officer". -- 10 of 16 -- Part 4—Use of recorded evidence in criminal proceedings Crimes Legislation Amendment Act 2016 No. 28 of 2016 9 Authorised by the Chief Parliamentary Counsel Part 4—Use of recorded evidence in criminal proceedings Division 1—Recorded evidence of complainant given in summary hearing of certain sexual offences 9 New Division 7A of Part 8.2 of the Criminal Procedure Act 2009 inserted After Division 7 of Part 8.2 of the Criminal Procedure Act 2009 insert— "Division 7A—Admission of recorded evidence of complainant given in summary hearing by Children's Court of certain sexual offences 387A Application of Division (1) This Division applies to a criminal proceeding that relates (wholly or partly) to a charge for an offence against any of the following provisions of the Crimes Act 1958— (a) section 38 (rape); (b) section 39 (rape by compelling sexual penetration); (c) section 44(1), (2), (3) or (4) (incest); (d) section 45 (sexual penetration of child under the age of 16); (e) section 47A (persistent sexual abuse of child under the age of 16); (f) section 48(1) (sexual penetration of 16 or 17 year old child). -- 11 of 16 -- Part 4—Use of recorded evidence in criminal proceedings Crimes Legislation Amendment Act 2016 No. 28 of 2016 10 Authorised by the Chief Parliamentary Counsel (2) This Division applies to a complainant in a criminal proceeding referred to in subsection (1). (3) This Division applies to a recording of the evidence (including cross-examination and re-examination) of a complainant given during a summary hearing by the Children's Court in a criminal proceeding referred to in subsection (1). 387B Admissibility of recording of complainant's evidence Division 7 (other than sections 378 and 382) applies to this Division as if— (a) a reference to a sexual offence were a reference to an offence referred to in section 387A(1); and (b) a reference to a complainant were a reference to a complainant referred to in section 387A(2); and (c) a reference to a recording were a reference to a recording referred to in section 387A(3); and (d) a reference to a trial were a reference to a summary hearing of the charge by the Children's Court.". 10 Minor amendment In the heading to Division 7 of Part 8.2 of the Criminal Procedure Act 2009, for "in sexual offence matters" substitute "given in trial for sexual offences". -- 12 of 16 -- Part 4—Use of recorded evidence in criminal proceedings Crimes Legislation Amendment Act 2016 No. 28 of 2016 11 Authorised by the Chief Parliamentary Counsel 11 Legislative notes Insert the following note at the foot of sections 426(1) and 429(1) of the Children, Youth and Families Act 2005— "Note Division 7A of Part 8.2 of the Criminal Procedure Act 2009 provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court.". Division 2—Further amendments 12 Division 7A of Part 8.2 of the Criminal Procedure Act 2009 amended (1) After section 387A(1)(d) of the Criminal Procedure Act 2009 insert— "(da) section 47(1) (indecent act with child under the age of 16);". (2) In section 387A(1)(f) of the Criminal Procedure Act 2009, for "child)." substitute "child);". (3) After section 387A(1)(f) of the Criminal Procedure Act 2009 insert— "(g) section 49(1) (indecent act with 16 or 17 year old child).". -- 13 of 16 -- Part 5—Regulations under the Crimes Act 1958 Crimes Legislation Amendment Act 2016 No. 28 of 2016 12 Authorised by the Chief Parliamentary Counsel Part 5—Regulations under the Crimes Act 1958 13 New section 585AAA inserted After section 585 of the Crimes Act 1958 insert— "585AAA Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances.". -- 14 of 16 -- Part 6—Repeal of amending Act Crimes Legislation Amendment Act 2016 No. 28 of 2016 13 Authorised by the Chief Parliamentary Counsel Part 6—Repeal of amending Act 14 Repeal of amending Act This Act is repealed on 6 February 2018. 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). ═══════════════ -- 15 of 16 -- Endnotes Crimes Legislation Amendment Act 2016 No. 28 of 2016 14 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: 11 February 2016 Legislative Council: 24 March 2016 The long title for the Bill for this Act was "A Bill for an Act to amend the Sentencing Act 1991, the Crimes Act 1958 and the Summary Offences Act 1966 in relation to certain persons performing custodial functions or exercising custodial powers, to amend the Criminal Procedure Act 2009 to provide for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court and related proceedings, to amend the Crimes Act 1958 to provide further for the making of regulations under that Act, to make minor amendments to the Children, Youth and Families Act 2005 and for other purposes." -- 16 of 16 --