Justice Legislation Amendment (Family Violence and Other Matters) Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENT OF THE FAMILY VIOLENCE PROTECTION ACT 2008 3 3 Commencement 3 4 Family violence safety notice taken to be application for family violence intervention order 3 5 Contravention of family violence safety notice 3 6 New section 37A inserted 4 37A Contravention of notice intending to cause harm or fear for safety 4 7 Arrest for contravention of family violence safety notice 5 8 Offence for contravention of family violence intervention order 5 9 New section 123A inserted 6 123A Contravention of order intending to cause harm or fear for safety 6 10 Arrest for contravention of family violence intervention order 8 11 New Division 11 of Part 4 inserted 8 Division 11—Persistent contravention of notices and orders 8 125A Persistent contravention of notices and orders 8 12 Abettors 10 13 Section 126 substituted 10 126 Definitions 10 14 Object of Part 11 15 Application of Part 11 16 Order to assess eligibility for counselling 11 17 Order to attend counselling 11 18 Notice of hearings 11 19 Approval of persons and of counselling 12 20 Person giving report may be required to attend hearing 12 -- 1 of 31 -- Section Page ii Authorised by the Chief Parliamentary Counsel 21 Disputed report 12 22 Explanation of counselling orders 12 23 Variation or revocation of counselling orders 13 24 Service of counselling orders, eligibility report etc. 13 25 Certificate of respondent's non attendance 13 26 Confidentiality of eligibility interview and report 13 27 Confidentiality of counselling 13 28 Limited use of information by court 14 29 New Division 7 of Part 14 inserted 14 Division 7—Justice Legislation (Family Violence and Other Matters) Act 2012 14 224D Transitional provisions—Justice Legislation (Family Violence and Other Matters) Act 2012 14 30 Repeal of Part 15 15 31 Consequential amendments 15 PART 3—AMENDMENT OF THE CRIMES ACT 1958 16 32 New section 319AA inserted 16 319AA Dangerous or negligent driving while pursued by police 16 33 Consequential amendments 17 PART 4—AMENDMENT OF THE CRIMES (ASSUMED IDENTITIES) ACT 2004 18 34 Purpose 18 35 Definitions 18 36 Application for authority to acquire or use assumed identity 19 37 Determination of applications 19 38 Disclosing information about assumed identity 20 PART 5—AMENDMENT OF THE CORONERS ACT 2008 AND THE HUMAN TISSUE ACT 1982 21 39 New section 29A inserted in the Coroners Act 2008 21 29A Principal registrar to provide certain information to VIFM 21 40 Amendment of the Human Tissue Act 1982 22 PART 6—AMENDMENT OF THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 23 41 Deputy Presidents 23 42 Senior members 23 43 Ordinary members 24 44 Appointment of members 24 -- 2 of 31 -- Section Page iii Authorised by the Chief Parliamentary Counsel 45 New section 165 inserted 25 165 Transitional—Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 25 46 Statute law revision 26 67A Support person 26 PART 7—REPEAL OF AMENDING ACT 27 47 Repeal of amending Act 27 ═══════════════ ENDNOTES 28 -- 3 of 31 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 † No. 83 of 2012 [Assented to 18 December 2012] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are— (a) to amend the Family Violence Protection Act 2008— (i) to insert new indictable offences in relation to contraventions of family violence safety notices and family violence intervention orders; and Victoria -- 4 of 31 -- Part 1—Preliminary Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 2 Authorised by the Chief Parliamentary Counsel (ii) to extend the operation of family violence safety notices; and (iii) to expand the number of court venues which may make counselling orders under Part 5 of that Act; and (iv) to remove the sunset provisions for Part 5 of that Act; and (b) to amend the Crimes Act 1958 to create an offence relating to police pursuits; and (c) to amend the Crimes (Assumed Identities) Act 2004 to enable its application to those involved in the Victorian witness protection program; and (d) to amend the Coroners Act 2008 and the Human Tissue Act 1982 in relation to the provision of certain information to the Victorian Institute of Forensic Medicine in order to facilitate the process of tissue donation; and (e) to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to appointments and oaths and affirmations; and (f) to make consequential amendments; and (g) to make minor amendments of a statute law revision nature. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 July 2013, it comes into operation on that day. __________________ s. 2 -- 5 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF THE FAMILY VIOLENCE PROTECTION ACT 2008 3 Commencement Section 3(1A) of the Family Violence Protection Act 2008 is repealed. 4 Family violence safety notice taken to be application for family violence intervention order In section 31(3) of the Family Violence Protection Act 2008, for "72" (wherever occurring) substitute "120". 5 Contravention of family violence safety notice After section 37(2) of the Family Violence Protection Act 2008 insert— "(2A) It is immaterial that some or all of the course of conduct constituting an offence against subsection (2) occurred outside Victoria, so long as the protected person was in Victoria at the time at which that conduct occurred. (2B) It is immaterial that the protected person was outside Victoria at the time at which some or all of the course of conduct constituting an offence against subsection (2) occurred, so long as that conduct occurred in Victoria.". s. 3 See: Act No. 52/2008. Reprint No. 1 as at 1 January 2011 and amending Act Nos 53/2010, 16/2011, 29/2011, 48/2011 and 65/2011. LawToday: www. legislation. vic.gov.au -- 6 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 4 Authorised by the Chief Parliamentary Counsel 6 New section 37A inserted After section 37 of the Family Violence Protection Act 2008 insert— "37A Contravention of notice intending to cause harm or fear for safety (1) In this section— mental harm includes— (a) psychological harm; and (b) suicidal thoughts. (2) A person who— (a) has been served with a family violence safety notice; and (b) has had an explanation of the notice given to him or her in accordance with section 35— must not contravene the notice intending to cause, or knowing that his or her conduct will probably cause— (c) physical or mental harm to the protected person, including self-harm; or (d) apprehension or fear in the protected person for his or her own safety or that of any other person. Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both. (3) It is immaterial that some or all of the course of conduct constituting an offence against subsection (2) occurred outside Victoria, so long as the protected person was in Victoria at the time at which that conduct occurred. s. 6 -- 7 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 5 Authorised by the Chief Parliamentary Counsel (4) It is immaterial that the protected person was outside Victoria at the time at which some or all of the course of conduct constituting an offence against subsection (2) occurred, so long as that conduct occurred in Victoria. (5) In a proceeding for an offence against subsection (2), it is a defence to the charge for the accused person to prove that— (a) the accused person was the respondent under the family violence safety notice; and (b) a family violence intervention order in relation to the same protected person and respondent was also in force at the time the offence was alleged to have been committed; and (c) the accused person's conduct was not in contravention of the family violence intervention order.". 7 Arrest for contravention of family violence safety notice At the foot of section 38 of the Family Violence Protection Act 2008 insert— "Note Section 459(1) of the Crimes Act 1958 provides for apprehension without warrant of a person reasonably believed to have committed an indictable offence.". 8 Offence for contravention of family violence intervention order (1) For the heading to section 123 of the Family Violence Protection Act 2008 substitute— "Contravention of family violence intervention order". s. 7 -- 8 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 6 Authorised by the Chief Parliamentary Counsel (2) After section 123(2) of the Family Violence Protection Act 2008 insert— "(2A) It is immaterial that some or all of the course of conduct constituting an offence against subsection (2) occurred outside Victoria, so long as the protected person was in Victoria at the time at which that conduct occurred. (2B) It is immaterial that the protected person was outside Victoria at the time at which some or all of the course of conduct constituting an offence against subsection (2) occurred, so long as that conduct occurred in Victoria.". 9 New section 123A inserted After section 123 of the Family Violence Protection Act 2008 insert— "123A Contravention of order intending to cause harm or fear for safety (1) In this section— mental harm includes— (a) psychological harm; and (b) suicidal thoughts. (2) A person against whom a family violence intervention order has been made and who— (a) has been served with a copy of the order; or (b) has had an explanation of the order given to him or her in accordance with section 57 or 96— must not contravene the order intending to cause, or knowing that his or her conduct will probably cause— s. 9 -- 9 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 7 Authorised by the Chief Parliamentary Counsel (c) physical or mental harm to the protected person, including self-harm; or (d) apprehension or fear in the protected person for his or her own safety or that of any other person. Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both. (3) It is immaterial that some or all of the course of conduct constituting an offence against subsection (2) occurred outside Victoria, so long as the protected person was in Victoria at the time at which that conduct occurred. (4) It is immaterial that the protected person was outside Victoria at the time at which some or all of the course of conduct constituting an offence against subsection (2) occurred, so long as that conduct occurred in Victoria. (5) In a proceeding for an offence against subsection (2), it is a defence to the charge for the accused to prove that— (a) the accused was the respondent under the family violence intervention order; and (b) a family violence safety notice in relation to the same protected person and respondent was also in force at the time the offence was alleged to have been committed; and (c) the accused's conduct was not in contravention of the family violence safety notice.". s. 9 -- 10 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 8 Authorised by the Chief Parliamentary Counsel 10 Arrest for contravention of family violence intervention order At the foot of section 124 of the Family Violence Protection Act 2008 insert— "Note Section 459(1) of the Crimes Act 1958 provides for apprehension without warrant of a person reasonably believed to have committed an indictable offence.". 11 New Division 11 of Part 4 inserted After Division 10 of Part 4 of the Family Violence Protection Act 2008 insert— "Division 11—Persistent contravention of notices and orders 125A Persistent contravention of notices and orders (1) A person must not persistently contravene a family violence safety notice or a family violence intervention order. Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both. (2) To prove an offence against subsection (1) it is necessary to prove that— (a) the accused engaged in conduct that would constitute an offence against section 37 or 123; and (b) on at least 2 other occasions within a period of 28 days immediately preceding the conduct referred to in paragraph (a), the accused engaged in conduct that would constitute an offence against section 37 or 123 in relation to— s. 10 -- 11 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 9 Authorised by the Chief Parliamentary Counsel (i) the same protected person; or (ii) the same family violence safety notice or family violence intervention order (whether an interim order or a final order), whether or not in relation to the same protected person; or (iii) a family violence safety notice and a family violence intervention order (whether an interim order or a final order) made on the family violence safety notice as an application, whether or not in relation to the same protected person; and (c) on each of the occasions referred to in paragraphs (a) and (b) the accused knew or ought to have known that the conduct constituted a contravention of the family violence safety notice or family violence intervention order (as the case requires). (3) In a proceeding for an offence against subsection (1), a defence available under section 37(3) or 123(3) is a defence to an allegation that the accused engaged in conduct that would constitute an offence against section 37 or 123 (as the case requires). (4) If on the trial of a person charged with an offence against subsection (1) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that the accused engaged in conduct during that period which constitutes an offence against section 37 or 123, the jury must acquit the accused of the offence charged but may find s. 11 -- 12 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 10 Authorised by the Chief Parliamentary Counsel him or her guilty of that other offence and he or she is liable to punishment accordingly. (5) A person who is convicted or acquitted of an offence against subsection (1) shall not in respect of the circumstances concerned or the relevant period of 28 days subsequently be prosecuted for an offence against section 37, 37A, 123 or 123A.". 12 Abettors (1) For the heading to section 125 of the Family Violence Protection Act 2008 substitute— "Protected person not guilty as abettor". (2) In section 125 of the Family Violence Protection Act 2008, after "purposes of" insert "section 323 of the Crimes Act 1958 and". 13 Section 126 substituted For section 126 of the Family Violence Protection Act 2008 substitute— "126 Definitions In this Part— legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; relevant court means— (a) the Family Violence Court Division; or (b) the Magistrates' Court sitting at a venue of the Court specified by the Minister by notice published in the Government Gazette.". s. 12 -- 13 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 11 Authorised by the Chief Parliamentary Counsel 14 Object of Part In section 127(a) of the Family Violence Protection Act 2008, for "the Family Violence Court Division" substitute "a relevant court". 15 Application of Part In section 128 of the Family Violence Protection Act 2008, for "the Family Violence Court Division" substitute "a relevant court". 16 Order to assess eligibility for counselling (1) In section 129(1), (2) and (4) of the Family Violence Protection Act 2008, for "the Family Violence Court Division" substitute "a relevant court". (2) In section 129(1)(a) and (2)(b) of the Family Violence Protection Act 2008, for "the Division" substitute "the relevant court". 17 Order to attend counselling In section 130(1), (2) and (3)(a) of the Family Violence Protection Act 2008, for "the Family Violence Court Division" substitute "a relevant court". 18 Notice of hearings (1) In section 132(1) and (3) of the Family Violence Protection Act 2008, for "the Family Violence Court Division" substitute "a relevant court". (2) In section 132(2) of the Family Violence Protection Act 2008, for "The Family Violence Court Division" substitute "A relevant court". (3) In section 132(3) of the Family Violence Protection Act 2008, for "the Division" substitute "the court". s. 14 -- 14 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 12 Authorised by the Chief Parliamentary Counsel 19 Approval of persons and of counselling In section 133(3) of the Family Violence Protection Act 2008, for "the Family Violence Court Division" substitute "a relevant court". 20 Person giving report may be required to attend hearing In section 134(1) of the Family Violence Protection Act 2008— (a) for "the Family Violence Court Division" substitute "a relevant court"; and (b) for "the Division" substitute "the court". 21 Disputed report (1) In section 135(1) of the Family Violence Protection Act 2008— (a) for "the Family Violence Court Division" substitute "a relevant court"; and (b) for "the Division" substitute "the court". (2) In section 135(2) of the Family Violence Protection Act 2008— (a) for "the Family Violence Court Division" substitute "a relevant court"; and (b) for "the Division" (wherever occurring) substitute "the court". 22 Explanation of counselling orders In section 136 of the Family Violence Protection Act 2008— (a) for "the Family Violence Court Division" substitute "a relevant court"; and (b) for "the Division" substitute "the court". s. 19 -- 15 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 13 Authorised by the Chief Parliamentary Counsel 23 Variation or revocation of counselling orders (1) In section 137(1) and (2) of the Family Violence Protection Act 2008, for "The Family Violence Court Division" substitute "A relevant court". (2) In section 137(2)(b) of the Family Violence Protection Act 2008, for "Division" substitute "court". (3) In section 137(3) of the Family Violence Protection Act 2008, for "the court" substitute "the relevant court". 24 Service of counselling orders, eligibility report etc. (1) In section 138(1) and (2) of the Family Violence Protection Act 2008, for "the Family Violence Court Division" substitute "a relevant court". (2) In section 138(1)(a) and (c)(i) of the Family Violence Protection Act 2008, for "Division" substitute "court". 25 Certificate of respondent's non attendance In section 139(2) of the Family Violence Protection Act 2008, for "the Family Violence Court Division" substitute "a relevant court". 26 Confidentiality of eligibility interview and report In section 140(3)(c) of the Family Violence Protection Act 2008, for "the Family Violence Court Division" substitute "a relevant court". 27 Confidentiality of counselling In section 141(2)(c) of the Family Violence Protection Act 2008, for "the Family Violence Court Division" substitute "a relevant court". s. 23 -- 16 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 14 Authorised by the Chief Parliamentary Counsel 28 Limited use of information by court In section 142 of the Family Violence Protection Act 2008— (a) for "the Family Violence Court Division" substitute "a relevant court"; and (b) for "the Division" substitute "the relevant court". 29 New Division 7 of Part 14 inserted After Division 6 of Part 14 of the Family Violence Protection Act 2008 insert— "Division 7—Justice Legislation (Family Violence and Other Matters) Act 2012 224D Transitional provisions—Justice Legislation (Family Violence and Other Matters) Act 2012 (1) Part 5 as amended by Part 2 of the Justice Legislation (Family Violence and Other Matters) Act 2012 applies to an application for a family violence intervention order made to a venue of the Magistrates' Court after the date on which the notice specifying that venue of the Court for the purposes of the definition of relevant court in section 126 is published in the Government Gazette. (2) Section 31(3) as amended by section 4 of the Justice Legislation (Family Violence and Other Matters) Act 2012 applies to a family violence safety notice issued on or after the commencement of section 4 of that Act. (3) Section 37A as inserted by section 6 of the Justice Legislation (Family Violence and Other Matters) Act 2012 applies to a contravention of a family violence safety s. 28 -- 17 of 31 -- Part 2—Amendment of the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 15 Authorised by the Chief Parliamentary Counsel notice that occurs on or after the commencement of section 6 of that Act, irrespective of when the family violence safety notice was issued. (4) Section 123A as inserted by section 9 of the Justice Legislation (Family Violence and Other Matters) Act 2012 applies to a contravention of a family violence intervention order that occurs on or after the commencement of section 9 of that Act, irrespective of when the family violence intervention order was made. (5) Section 125A as inserted by section 11 of the Justice Legislation (Family Violence and Other Matters) Act 2012 applies to contraventions of a family violence safety notice or a family violence intervention order that occur on or after the commencement of section 11 of that Act, irrespective of when the family violence safety notice or family violence intervention order was made.". 30 Repeal of Part 15 Part 15 of the Family Violence Protection Act 2008 is repealed. 31 Consequential amendments (1) In section 4(4)(ba) of the Bail Act 1977, for "37 or 123" substitute "37, 37A, 123, 123A or 125A". (2) In the First Schedule to the Police Regulation Act 1958, in item 3.3, for "37 or 123" substitute "37, 37A, 123, 123A or 125A". __________________ s. 30 -- 18 of 31 -- Part 3—Amendment of the Crimes Act 1958 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 16 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF THE CRIMES ACT 1958 32 New section 319AA inserted After section 319 of the Crimes Act 1958 insert— "319AA Dangerous or negligent driving while pursued by police (1) A person must not drive a motor vehicle dangerously or negligently if he or she knows, or ought reasonably to know, that— (a) he or she has been given a direction to stop the vehicle by a member of the police force; and (b) a member of the police force is pursuing the vehicle. Penalty: 3 years imprisonment. (2) For the purposes of subsection (1)— (a) a person drives a motor vehicle dangerously if he or she drives the vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case; and (b) a person drives a motor vehicle negligently if he or she fails unjustifiably and to a gross degree to observe the standard of care which a reasonable person would have observed in all the circumstances of the case; and (c) a member of the police force may be pursuing a motor vehicle even if not travelling at the same speed as the vehicle; and (d) it is irrelevant that the police pursuit is suspended or terminated before the motor vehicle being pursued stops. s. 32 See: Act No. 6231. Reprint No. 23 as at 1 April 2012 and amending Act Nos 16/2004, 49/2010, 65/2010, 27/2011, 43/2012 and 48/2012. LawToday: www. legislation. vic.gov.au -- 19 of 31 -- Part 3—Amendment of the Crimes Act 1958 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 17 Authorised by the Chief Parliamentary Counsel (3) In this section— direction to stop has the same meaning as it has in section 64A(5) of the Road Safety Act 1986; motor vehicle does not include a vessel.". 33 Consequential amendments (1) After section 89(1) of the Sentencing Act 1991 insert— "(1AA) If a person is found guilty of an offence under section 319AA of the Crimes Act 1958, the court must— (a) if the offender holds a driver licence or learner permit, cancel the licence or permit; and (b) whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for any time that the court thinks fit, being not less than 12 months.". (2) In section 89(1A) of the Sentencing Act 1991, after "subsection (1)" insert "or (1AA)". (3) In section 89(2) of the Sentencing Act 1991— (a) after "driver licence" insert "or learner permit (as the case requires)"; and (b) after "subsection (1)" insert "or (1AA)". (4) In section 84C(1) of the Road Safety Act 1986, in the definition of tier 1 relevant offence, after paragraph (f) insert— "(g) an offence against section 319AA(1) of the Crimes Act 1958;". __________________ s. 33 -- 20 of 31 -- Part 4—Amendment of the Crimes (Assumed Identities) Act 2004 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 18 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENT OF THE CRIMES (ASSUMED IDENTITIES) ACT 2004 34 Purpose (1) For the heading to section 1 of the Crimes (Assumed Identities) Act 2004 substitute "Purposes". (2) For section 1(1) of the Crimes (Assumed Identities) Act 2004 substitute— "(1) The main purposes of this Act are— (a) to facilitate, for law enforcement or security purposes, investigations, intelligence gathering and other related activities, including activities extending beyond Victoria; and (b) to enable the safe and effective exercise of functions in administering the Victorian witness protection program.". (3) In section 1(2) of the Crimes (Assumed Identities) Act 2004, for "that purpose is" substitute "those purposes are". 35 Definitions In section 3 of the Crimes (Assumed Identities) Act 2004— (a) in the definition of Victoria Police, for "1958." substitute "1958;"; (b) insert the following definition— "Victorian witness protection program has the same meaning as it has in the Witness Protection Act 1991.". s. 34 See: Act No. 15/2004. Reprint No. 1 as at 1 July 2006 and amending Act No. 34/2008. LawToday: www. legislation. vic.gov.au -- 21 of 31 -- Part 4—Amendment of the Crimes (Assumed Identities) Act 2004 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 19 Authorised by the Chief Parliamentary Counsel 36 Application for authority to acquire or use assumed identity For section 4(3)(b)(vi) of the Crimes (Assumed Identities) Act 2004 substitute— "(vi) if the assumed identity is to be used in an investigation or for intelligence-gathering, details of the investigation or intelligence- gathering exercise (to the extent known); and (via) if the assumed identity is to be used to ensure the effective and safe exercise of functions in administering the Victorian witness protection program, details of the functions concerned; and". 37 Determination of applications For section 5(2)(a) of the Crimes (Assumed Identities) Act 2004 substitute— "(a) that the assumed identity is necessary for the purposes of— (i) an investigation or intelligence- gathering in relation to criminal activity; or (ii) enabling members of Victoria Police to exercise their functions in administering the Victorian witness protection program and ensuring their safety while doing so; and (ab) in relation to an application for an assumed identity that is to be used to ensure the effective and safe exercise of functions in administering the Victorian witness protection program, that the person to be authorised is— (i) a member of Victoria Police; or s. 36 -- 22 of 31 -- Part 4—Amendment of the Crimes (Assumed Identities) Act 2004 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 20 Authorised by the Chief Parliamentary Counsel (ii) a person employed under Part 3 of the Public Administration Act 2004 in the office of the Chief Commissioner; and". 38 Disclosing information about assumed identity (1) For section 30(2)(a) of the Crimes (Assumed Identities) Act 2004 substitute— "(a) intends to— (i) endanger the health or safety of any person; or (ii) prejudice the effective conduct of an investigation or intelligence-gathering in relation to criminal activity; or (iii) prejudice the implementation of the Victorian witness protection program; or". (2) In section 30(2)(b)(ii) of the Crimes (Assumed Identities) Act 2004, for "intelligence-gathering." substitute "intelligence-gathering in relation to criminal activity; or". (3) After section 30(2)(b)(ii) of the Crimes (Assumed Identities) Act 2004 insert— "(iii) prejudices or will prejudice the implementation of the Victorian witness protection program.". __________________ s. 38 -- 23 of 31 -- Part 5—Amendment of the Coroners Act 2008 and the Human Tissue Act 1982 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 21 Authorised by the Chief Parliamentary Counsel PART 5—AMENDMENT OF THE CORONERS ACT 2008 AND THE HUMAN TISSUE ACT 1982 39 New section 29A inserted in the Coroners Act 2008 After section 29 of the Coroners Act 2008 insert— "29A Principal registrar to provide certain information to VIFM Unless a coroner directs otherwise, for the performance of its functions under section 66(4)(b) of the Victorian Institute of Forensic Medicine Act 1985, the principal registrar must provide to the Institute without delay the following information in relation to a death that is reported to a coroner— (a) a copy of the initial police report of the death, if any, that is received by a coroner; and (b) if not included in the initial police report of the death, the name and contact details of the next of kin (within the meaning of the Human Tissue Act 1982) of the deceased that are provided to the Coroners Court within 24 hours after the death is reported to a coroner. Note Section 66(4)(b) of the Victorian Institute of Forensic Medicine Act 1985 provides that one of the functions of the Institute is to remove tissue, or receive tissue taken, in accordance with the Human Tissue Act 1982 from deceased persons in Victoria (whether or not a coroner has jurisdiction to investigate the deaths) and to process, store and supply the tissue for transplantation to living persons in Victoria or elsewhere or for use, in Victoria or elsewhere, for other therapeutic purposes or for medical or scientific purposes. s. 39 See: Act No. 77/2008. Reprint No. 1 as at 21 July 2011 and amending Act No. 52/2012. LawToday: www. legislation. vic.gov.au -- 24 of 31 -- Part 5—Amendment of the Coroners Act 2008 and the Human Tissue Act 1982 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 22 Authorised by the Chief Parliamentary Counsel Part IV of the Human Tissue Act 1982 provides for tissue donation after death. Section 27 of that Act provides specifically for deaths for which a coroner has or may have jurisdiction under this Act.". 40 Amendment of the Human Tissue Act 1982 After section 45(5)(c) of the Human Tissue Act 1982 insert— "(ca) the principal registrar appointed under section 97 of the Coroners Act 2008 in the provision of information under section 29A of that Act;". __________________ s. 40 See: Act No. 9860. Reprint No. 4 as at 20 May 2010 and amending Act No. 13/2010. LawToday: www. legislation. vic.gov.au -- 25 of 31 -- Part 6—Amendment of the Victorian Civil and Administrative Tribunal Act 1998 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 23 Authorised by the Chief Parliamentary Counsel PART 6—AMENDMENT OF THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 41 Deputy Presidents For section 12(3) of the Victorian Civil and Administrative Tribunal Act 1998 substitute— "(3) Subject to this Act, a Deputy President holds office for a term that expires on whichever of the following occurs first— (a) the date that is 7 years after the date of appointment; (b) the date that the Deputy President attains the age of 70 years. (4) A Deputy President may be appointed on a full-time or a part-time basis.". 42 Senior members (1) For section 13(3) of the Victorian Civil and Administrative Tribunal Act 1998 substitute— "(3) Subject to this Act, a senior member holds office for a term that expires on whichever of the following occurs first— (a) the date that is 7 years after the date of appointment; (b) the date that the senior member attains the age of 70 years.". (2) After section 13(4) of the Victorian Civil and Administrative Tribunal Act 1998 insert— "(5) Subsection (3)(b) does not apply in respect of a senior member who is appointed on a sessional basis.". s. 41 See: Act No. 53/1998. Reprint No. 7 as at 1 January 2011 and amending Act Nos 11/2010, 16/2010, 74/2010, 6/2012, 20/2012, 21/2012, 22/2012, 27/2012, 61/2012 and 63/2012. LawToday: www. legislation. vic.gov.au -- 26 of 31 -- Part 6—Amendment of the Victorian Civil and Administrative Tribunal Act 1998 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 24 Authorised by the Chief Parliamentary Counsel 43 Ordinary members (1) For section 14(3) of the Victorian Civil and Administrative Tribunal Act 1998 substitute— "(3) Subject to this Act, an ordinary member holds office for a term that expires on whichever of the following occurs first— (a) the date that is 7 years after the date of appointment; (b) the date that the ordinary member attains the age of 70 years.". (2) After section 14(4) of the Victorian Civil and Administrative Tribunal Act 1998 insert— "(5) Subsection (3)(b) does not apply in respect of an ordinary member who is appointed on a sessional basis.". 44 Appointment of members After section 16(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert— "(4) A person who is appointed or reappointed as a non-judicial member must, before exercising any power or performing any function as a member, take an oath or affirmation of office in the prescribed form and manner. (5) Subsection (4) does not apply in the case of an appointment under section 16A. (6) Subsection (4) does not apply to a person who has previously taken an oath or affirmation of office under subsection (4). (7) A failure by a person to take an oath or affirmation of office in accordance with this section does not invalidate anything done by that person as a member of the Tribunal.". s. 43 -- 27 of 31 -- Part 6—Amendment of the Victorian Civil and Administrative Tribunal Act 1998 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 25 Authorised by the Chief Parliamentary Counsel 45 New section 165 inserted After section 164 of the Victorian Civil and Administrative Tribunal Act 1998 insert— "165 Transitional—Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 (1) Section 12(3) as in force before the commencement of section 41 of the Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 continues to apply in respect of the current term of a Deputy President appointed before that commencement for the duration of that term. (2) Section 13(3) as in force before the commencement of section 42 of the Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 continues to apply in respect of the current term of a senior member appointed before that commencement for the duration of that term. (3) Section 14(3) as in force before the commencement of section 43 of the Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 continues to apply in respect of the current term of an ordinary member appointed before that commencement for the duration of that term. (4) A person who is a non-judicial member at the commencement of section 43 of the Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 is not required to comply with section 16(4) until the person is reappointed as a non- judicial member or appointed to another position as a non-judicial member.". s. 45 -- 28 of 31 -- Part 6—Amendment of the Victorian Civil and Administrative Tribunal Act 1998 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 26 Authorised by the Chief Parliamentary Counsel 46 Statute law revision (1) Clause 62A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 is repealed. (2) After clause 67 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert— "67A Support person (1) If a party to a proceeding under the Residential Tenancies Act 1997 is a protected person or a respondent under a family violence intervention order under the Family Violence Protection Act 2008, the party may be accompanied at a hearing by a person (a support person) for the purposes of that person providing support to the party. (2) The support person may be— (a) a legal practitioner; or (b) a social worker; or (c) a friend or family member of the party; or (d) any other person chosen by the party.". __________________ s. 46 -- 29 of 31 -- Part 7—Repeal of Amending Act Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 27 Authorised by the Chief Parliamentary Counsel PART 7—REPEAL OF AMENDING ACT 47 Repeal of amending Act This Act is repealed on 1 July 2014. 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). ═══════════════ s. 47 -- 30 of 31 -- Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 No. 83 of 2012 28 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 15 November 2012 Legislative Council: 29 November 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Family Violence Protection Act 2008, the Crimes Act 1958, the Crimes (Assumed Identities) Act 2004, the Coroners Act 2008, the Human Tissue Act 1982 and the Victorian Civil and Administrative Tribunal Act 1998 and for other purposes." Endnotes -- 31 of 31 --