Justice Legislation Amendment Act 2013
No. 31 of 2013
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purposes
Commencement
1
3
PART 2—AMENDMENT OF THE ADMINISTRATION AND
PROBATE ACT 1958
3
Intention to apply for seal of Court to be advertised
PART 3—AMENDMENT OF THE CROWN LAND (RESERVES)
ACT 1978
4
Trustees of reserves to be deemed occupiers
PART 4—AMENDMENT OF THE ELECTORAL ACT 2002
5
Enrolment by the Commission
PART 5—AMENDMENT OF THE MAGISTRATES' COURT
ACT 1989 AND THE MAGISTRATES' COURT AMENDMENT
(ASSESSMENT AND REFERRAL COURT LIST) ACT 2010
6
7
Appointment of Acting Chief Magistrate
Amendment of Magistrates' Court Amendment (Assessment
and Referral Court List) Act 2010—trial period extended
PART 6—AMENDMENT OF THE SENTENCING ACT 1991
8
9
10
Definition
Orders under Division 1 of Part 3BA
New section 149A inserted
149A Validation—Justice Legislation Amendment
Act 2013
i
4
4
5
5
6
6
7
7
8
9
9
9
10
10
Section
11
Page
New Schedule 4 inserted
10
SCHEDULE 4—Justice Legislation Amendment Act 2013—
Validation
10
1
2
3
4
5
10
11
12
14
14
Definitions
Validation of adjournment orders
Validation of community-based orders
Additional provisions relating to rights of appeal
Rights in specific proceedings not affected
PART 7—AMENDMENT OF THE CORONERS ACT 2008 AND
THE VICTORIAN INSTITUTE OF FORENSIC MEDICINE
ACT 1985
15
Division 1—Amendment of Coroners Act 2008
15
12
13
14
15
16
17
18
Obligation of registered medical practitioner to report death
Obligation to report death of a person placed in custody or
care
General obligation to report death
Obligation to report reviewable death
Fire authority request for fire investigation
Application for investigation into a fire
New section 108A inserted
108A State Coroner may enter into service agreements
Division 2—Amendment of Victorian Institute of Forensic
Medicine Act 1985
19
20
21
Definitions
Objects of the Institute
Functions of the Institute
15
15
16
16
17
17
17
17
17
18
18
PART 8—REPEAL OF AMENDING ACT
22
15
Repeal of amending Act
═══════════════
ENDNOTES
21
21
22
ii
Victoria
Justice Legislation Amendment Act
2013†
No. 31 of 2013
[Assented to 4 June 2013]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are to—
(a) amend the Administration and Probate
Act 1958 to provide that an intention to
apply for the re-sealing of probate, letters of
administration, a grant or an order from a
specified jurisdiction must be published in
accordance with the Rules of the Supreme
Court;
1
Justice Legislation Amendment Act 2013
No. 31 of 2013
s. 1
Part 1—Preliminary
(b) amend the Crown Land (Reserves) Act
1978 to ensure that trustees or persons
having the care, control or management of
reserved Crown land are only deemed
occupiers under the Fences Act 1968 for the
purposes of agreeing on a line of fencing
where a waterway forms the boundary
between adjoining lands;
(c) amend the Electoral Act 2002 to streamline
the enrolment process for electors;
(d) amend the Magistrates' Court Act 1989 to
enable the Chief Magistrate to nominate a
Deputy Chief Magistrate to be Acting Chief
Magistrate in the Chief Magistrate's absence
and to amend the Magistrates' Court
Amendment (Assessment and Referral
Court List) Act 2010 to extend the trial
period under the Act;
(e) amend the Sentencing Act 1991 to—
(i) provide courts with the flexibility to
attach a condition to certain sentencing
orders that require an offender to make
a payment to an organisation that
provides a charitable or community
service or to the court for payment to
such an organisation;
(ii) validate sentencing orders made by the
courts attaching a condition requiring
an offender to make a payment to an
organisation that provides a charitable
or community service or to the court for
payment to such an organisation;
2
Justice Legislation Amendment Act 2013
No. 31 of 2013
Part 1—Preliminary
(f) amend the Coroners Act 2008 and the
Victorian Institute of Forensic Medicine Act
1985 to provide the Victorian Institute of
Forensic Medicine with further powers to
assist the Coroners Court in the performance
of its functions.
2 Commencement
(1) This Part and Part 6 come into operation on the
day on which this Act receives the Royal Assent.
(2) Parts 4, 5 and 8 come into operation on the day
after the day on which this Act receives the Royal
Assent.
(3) Part 3 is taken to have come into operation on
17 April 2013.
(4) Subject to subsection (5), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(5) If a provision referred to in subsection (4) does
not come into operation before 30 April 2014, it
comes into operation on that day.
__________________
3
s. 2
Justice Legislation Amendment Act 2013
No. 31 of 2013
s. 3
Part 2—Amendment of the Administration and Probate Act 1958
PART 2—AMENDMENT OF THE ADMINISTRATION AND
PROBATE ACT 1958
3 Intention to apply for seal of Court to be advertised
See:
Act No.
6191.
Reprint No. 11
as at
6 May 2010
and
amending
Act No.
17/2010.
LawToday:
www.
legislation.
vic.gov.au
In section 83 of the Administration and Probate
Act 1958, for "one of the Melbourne daily
newspapers" substitute "accordance with the
Rules".
__________________
4
Justice Legislation Amendment Act 2013
No. 31 of 2013
Part 3—Amendment of the Crown Land (Reserves) Act 1978
s. 4
PART 3—AMENDMENT OF THE CROWN LAND
(RESERVES) ACT 1978
4 Trustees of reserves to be deemed occupiers
(1) In section 21 of the Crown Land (Reserves) Act
1978, for "section 3" substitute "section 5".
(2) At the end of section 21 of the Crown Land
(Reserves) Act 1978 insert—
"(2) Subsection (1) as in force immediately
before the commencement of section 4 of the
Justice Legislation Amendment Act 2013
continues to apply in relation to a right or
liability arising in relation to a fence or
proposed fence for which a notice to fence
was served under section 6 of the Fences
Act 1968 before that commencement.".
__________________
5
See:
Act No.
9212.
Reprint No. 10
as at
1 July 2011
and
amending
Act Nos
64/2004,
65/2010,
7/2012,
17/2012 and
46/2012.
LawToday:
www.
legislation.
vic.gov.au
Justice Legislation Amendment Act 2013
No. 31 of 2013
s. 5
Part 4—Amendment of the Electoral Act 2002
PART 4—AMENDMENT OF THE ELECTORAL ACT 2002
5 Enrolment by the Commission
See:
Act No.
23/2002.
Reprint No. 3
as at
20 August
2010
and
amending
Act Nos
26/2011,
82/2012 and
13/2013.
LawToday:
www.
legislation.
vic.gov.au
In section 23A(2)(a) of the Electoral Act 2002,
for "by" substitute "under an arrangement under
section 20 or provided to".
__________________
6
Justice Legislation Amendment Act 2013
No. 31 of 2013
Part 5—Amendment of the Magistrates' Court Act 1989 and the Magistrates'
Court Amendment (Assessment and Referral Court List) Act 2010
s. 6
PART 5—AMENDMENT OF THE MAGISTRATES' COURT
ACT 1989 AND THE MAGISTRATES' COURT AMENDMENT
(ASSESSMENT AND REFERRAL COURT LIST) ACT 2010
6 Appointment of Acting Chief Magistrate
(1) Before section 8(1) of the Magistrates' Court
Act 1989 insert—
"(1AAA) The Governor in Council may appoint a
Deputy Chief Magistrate, nominated by the
Chief Magistrate, to be Acting Chief
Magistrate during any period when the Chief
Magistrate is absent on leave or for any
reason is temporarily unable to perform the
duties of the office of Chief Magistrate.".
(2) In section 8(1) of the Magistrates' Court Act
1989, for "Acting Chief Magistrate during any
period when the Chief Magistrate is absent on
leave or for any reason is temporarily unable to
perform the duties of the office of Chief
Magistrate." substitute—
"Acting Chief Magistrate—
(a) during any period when the Chief Magistrate
is absent on leave or for any reason is
temporarily unable to perform the duties of
the office of Chief Magistrate if an
appointment has not been made under
subsection (1AAA); or
(b) if there is a vacancy in the office of Chief
Magistrate.".
(3) For section 8(1A) of the Magistrates' Court Act
1989 substitute—
"(1A) The senior of the Deputy Chief Magistrates
willing to act as Chief Magistrate shall act as
Chief Magistrate if there is—
7
See:
Act No.
51/1989.
Reprint No. 16
as at
1 January
2012
and
amending
Act Nos
51/2006,
12/2010,
65/2011,
23/2012,
26/2012,
48/2012,
82/2012 and
5/2013.
LawToday:
www.
legislation.
vic.gov.au
Justice Legislation Amendment Act 2013
No. 31 of 2013
s. 7
Part 5—Amendment of the Magistrates' Court Act 1989 and the Magistrates'
Court Amendment (Assessment and Referral Court List) Act 2010
(a) a period when the Chief Magistrate is
for any reason temporarily unable to
perform the duties of the office of Chief
Magistrate and an appointment has not
been made under subsection (1AAA)
or (1)(a); or
(b) a vacancy in the office of Chief
Magistrate and an appointment has not
been made under subsection (1)(b).".
(4) In section 8(1B) of the Magistrates' Court Act
1989—
(a) omit "as Deputy Chief Magistrate";
(b) after "of appointment" insert "as Deputy
Chief Magistrate".
7 Amendment of Magistrates' Court Amendment
(Assessment and Referral Court List) Act 2010—
trial period extended
In the Magistrates' Court Amendment
(Assessment and Referral Court List) Act
2010—
(a) in section 2(4), for "1 August 2013"
substitute "1 August 2015";
(b) in section 9 for "1 August 2014" substitute
"1 August 2016".
__________________
8
Justice Legislation Amendment Act 2013
No. 31 of 2013
Part 6—Amendment of the Sentencing Act 1991
s. 8
PART 6—AMENDMENT OF THE SENTENCING ACT 1991
8 Definition
In section 3(1) of the Sentencing Act 1991, in the
definition of fine, after "court" (where secondly
occurring) insert "or money payable by an
offender under an order of a court to an
organisation that provides a charitable or
community service or to the court for payment to
such an organisation".
9 Orders under Division 1 of Part 3BA
(1) After section 70(1)(b) of the Sentencing Act 1991
insert—
"(ba) to allow for the offender to demonstrate his
or her remorse in a manner agreed to by the
court;".
(2) In section 72(2)(c) of the Sentencing Act 1991,
after "court" insert "and may include a condition
requiring the offender to make a payment to an
organisation that provides a charitable or
community service or to the court for payment to
such an organisation".
(3) In section 75(2)(c) of the Sentencing Act 1991,
after "court" insert "and may include a condition
requiring the offender to make a payment to an
organisation that provides a charitable or
community service or to the court for payment to
such an organisation".
9
See:
Act No.
49/1991.
Reprint No. 14
as at
14 November
2012
and
amending
Act Nos
65/2011,
49/2012,
83/2012 and
6/2013.
LawToday:
www.
legislation.
vic.gov.au
Justice Legislation Amendment Act 2013
No. 31 of 2013
s. 10
Part 6—Amendment of the Sentencing Act 1991
10 New section 149A inserted
At the end of Part 12 of the Sentencing Act 1991
insert—
"149A Validation—Justice Legislation
Amendment Act 2013
Schedule 4 has effect.".
11 New Schedule 4 inserted
After Schedule 3 of the Sentencing Act 1991
insert—
'__________________
SCHEDULE 4
JUSTICE LEGISLATION AMENDMENT
ACT 2013—VALIDATION
1 Definitions
In this Schedule—
adjournment order means an adjournment
order made under section 72 or 75;
commencement day means the day on which
the Justice Legislation Amendment
Act 2013 receives the Royal Assent;
community-based order means a
community-based order within the
meaning of this Act as in force before
the repeal day;
donation condition means a condition
requiring an offender to pay an amount
to an organisation that provides a
charitable or community service or to
the court for payment to such an
organisation;
10
Justice Legislation Amendment Act 2013
No. 31 of 2013
Part 6—Amendment of the Sentencing Act 1991
relevant order means—
(a) an adjournment order; or
(b) a community-based order;
repeal day means the date of commencement
of section 21 of the Sentencing
Amendment (Community Correction
Reform) Act 2011.
2 Validation of adjournment orders
(1) An adjournment order under section 72 or 75
made or purported to be made before the
commencement day that required an offender
to give an undertaking with a donation
condition attached has, and is taken always
to have had, the same force and effect as it
would have had if sections 8 and 9 of the
Justice Legislation Amendment Act 2013
had been in operation when the order was
made or purported to be made.
(2) Any act or thing done or omitted to be done,
whether under a power conferred by an
enactment or otherwise, before or after the
commencement day in reliance on or in
relation to—
(a) an adjournment order that is validated
by subclause (1); or
(b) a contravention or alleged
contravention of an adjournment order
that is validated by subclause (1)—
including any penalty imposed, has the same
effect, and gives rise to the same
consequences, and is to be regarded as
always having had the same effect and
having given rise to the same consequences
as if sections 8 and 9 of the Justice
Legislation Amendment Act 2013 had been
11
s. 11
Justice Legislation Amendment Act 2013
No. 31 of 2013
s. 11
Part 6—Amendment of the Sentencing Act 1991
in operation when the adjournment order was
made or purported to be made.
(3) A right or liability conferred or imposed in
relation to, or affected by—
(a) an adjournment order that is validated
by subclause (1); or
(b) a contravention or alleged
contravention of an adjournment order
that is validated by subclause (1)—
including any penalty imposed, is
exercisable or enforceable, and is to be
regarded as always having been exercisable
or enforceable as if sections 8 and 9 of the
Justice Legislation Amendment Act 2013
had been in operation when the adjournment
order was made or purported to be made.
3 Validation of community-based orders
(1) A community-based order made or purported
to be made before the repeal day that had a
donation condition attached has, and is taken
always to have had, the same force and effect
as it would have had if—
(a) section 8 of the Justice Legislation
Amendment Act 2013 had been in
operation when the order was made or
purported to be made; and
(b) section 38 (as in force before the repeal
day) had included the following
provision at the time the order was
made or purported to be made—
"(2A) A condition attached under
subsection (1)(g) may include a
condition requiring the offender to
make a payment to an
organisation that provides
12
Justice Legislation Amendment Act 2013
No. 31 of 2013
Part 6—Amendment of the Sentencing Act 1991
charitable or community service
or to the court for payment to such
an organisation.".
(2) Any act or thing done or omitted to be done,
whether under a power conferred by an
enactment or otherwise, before or after the
repeal day in reliance on or in relation to—
(a) a community-based order that is
validated by subclause (1); or
(b) a contravention or alleged
contravention of a community-based
order that is validated by
subclause (1)—
including any penalty imposed, has the same
effect, and gives rise to the same
consequences, and is to be regarded as
always having had the same effect and
having given rise to the same consequences
as if section 8 of the Justice Legislation
Amendment Act 2013 and the purported
section 38(2A) referred to in subclause (1)(b)
had been in operation when the communitybased order was made or purported to be
made.
(3) A right or liability conferred or imposed in
relation to, or affected by—
(a) a community-based order that is
validated by subclause (1); or
(b) a contravention or alleged
contravention of a community-based
order that is validated by
subclause (1)—
including any penalty imposed, is
exercisable or enforceable, and is to be
regarded as always having been exercisable
or enforceable as if section 8 of the Justice
13
s. 11
Justice Legislation Amendment Act 2013
No. 31 of 2013
s. 11
Part 6—Amendment of the Sentencing Act 1991
Legislation Amendment Act 2013 and the
purported section 38(2A) referred to in
subclause (1)(b) had been in operation when
the community-based order was made or
purported to be made.
4 Additional provisions relating to rights of
appeal
(1) Without limiting clause 2(3) or 3(3), the
rights and liabilities conferred or imposed in
relation to a relevant order include rights of
appeal.
(2) This Schedule does not affect the right of
any person to appeal against a sentence that
includes a relevant order on any other
ground.
5 Rights in specific proceedings not affected
This Schedule does not affect the rights of
the parties in the proceedings known as
Brittain v Mansour [2013] VSC 50 in the
Supreme Court of Victoria.'.
__________________
14
Justice Legislation Amendment Act 2013
No. 31 of 2013
Part 7—Amendment of the Coroners Act 2008 and the Victorian Institute of
Forensic Medicine Act 1985
s. 12
PART 7—AMENDMENT OF THE CORONERS ACT 2008 AND
THE VICTORIAN INSTITUTE OF FORENSIC MEDICINE
ACT 1985
Division 1—Amendment of Coroners Act 2008
12 Obligation of registered medical practitioner to
report death
(1) In section 10(1) and (2) of the Coroners Act
2008, after "a coroner" insert "or the Institute".
(2) After section 10(2) of the Coroners Act 2008
insert—
"(3) The Institute must refer to a coroner a report
of a reportable death received from a
registered medical practitioner under
subsection (1) or (2) as soon as practicable
after receipt of that report.".
13 Obligation to report death of a person placed in
custody or care
(1) In section 11(1) of the Coroners Act 2008, after
"a coroner" insert "or the Institute".
(2) After section 11(1) of the Coroners Act 2008
insert—
"(1A) The Institute must refer to a coroner a report
of the death of a person placed in custody or
care received from a responsible person
under subsection (1) as soon as practicable
after receipt of that report.".
14 General obligation to report death
(1) In section 12(1) of the Coroners Act 2008, after
"a coroner" insert ", the Institute".
(2) In section 12(2) of the Coroners Act 2008, after
"the coroner" insert "or the Institute".
15
See:
Act No.
77/2008.
Reprint No. 1
as at
21 July 2011
and
amending
Act Nos
52/2012,
83/2012 and
5/2013.
LawToday:
www.
legislation.
vic.gov.au
Justice Legislation Amendment Act 2013
No. 31 of 2013
s. 15
Part 7—Amendment of the Coroners Act 2008 and the Victorian Institute of
Forensic Medicine Act 1985
(3) After section 12(2) of the Coroners Act 2008
insert—
"(3) The Institute must refer to a coroner a report
of a death received under subsection (1)
or (2) as soon as practicable after receipt of
that report.".
15 Obligation to report reviewable death
(1) In section 13 of the Coroners Act 2008, after
"State Coroner" (wherever occurring) insert
"or the Institute".
(2) After section 13(3) of the Coroners Act 2008
insert—
"(4) The Institute must refer to the State Coroner
a report of a reviewable death received from
a registered medical practitioner or other
person under this section as soon as
practicable after receipt of that report.".
16 Fire authority request for fire investigation
After section 30(1) of the Coroners Act 2008
insert—
"(1A) The Institute may, on behalf of a coroner,
receive a request made by the Country Fire
Authority or Metropolitan Fire and
Emergency Services Board under
subsection (1).
(1B) If the Institute receives a request under
subsection (1A), the Institute must refer that
request to a coroner as soon as practicable
after receiving that request.".
16
Justice Legislation Amendment Act 2013
No. 31 of 2013
Part 7—Amendment of the Coroners Act 2008 and the Victorian Institute of
Forensic Medicine Act 1985
s. 17
17 Application for investigation into a fire
After section 31(1) of the Coroners Act 2008
insert—
"(1A) The Institute may, on behalf of a coroner,
receive a request made by a person under
subsection (1).
(1B) If the Institute receives a request under
subsection (1A), the Institute must refer that
request to a coroner as soon as practicable
after receiving that request.".
18 New section 108A inserted
After section 108 of the Coroners Act 2008
insert—
"108A State Coroner may enter into service
agreements
The State Coroner, on behalf of the Coroners
Court, may enter into an agreement with a
person or body for the provision by the
person or body of services to the Court to
support the operations of the Court.".
Division 2—Amendment of Victorian Institute of Forensic
Medicine Act 1985
19 Definitions
Insert the following definitions in section 3(1) of
the Victorian Institute of Forensic Medicine
Act 1985—
"coroner has the same meaning as in section 3(1)
of the Coroners Act 2008;
medical examination has the same meaning as in
section 3(1) of the Coroners Act 2008;
reportable death has the same meaning as in
section 4 of the Coroners Act 2008;
17
See:
Act No.
10257.
Reprint No. 7
as at
1 November
2009
and
amending
Act No.
13/2010.
LawToday:
www.
legislation.
vic.gov.au
Justice Legislation Amendment Act 2013
No. 31 of 2013
s. 20
Part 7—Amendment of the Coroners Act 2008 and the Victorian Institute of
Forensic Medicine Act 1985
senior next of kin has the same meaning as in
section 3(1) of the Coroners Act 2008;
State Coroner has the same meaning as in section
3(1) of the Coroners Act 2008;".
20 Objects of the Institute
In section 64(2) of the Victorian Institute of
Forensic Medicine Act 1985—
(a) in paragraph (i), for "66(4)." substitute
"66(4);";
(b) after paragraph (i) insert—
"(j) to promote and assist in the
performance by the Coroners Court of
its functions.".
21 Functions of the Institute
In section 66(1) of the Victorian Institute of
Forensic Medicine Act 1985—
(a) after paragraph (a) insert—
"(ab) to receive a report of a reportable death
or a reviewable death for referral to a
coroner or the State Coroner
(as appropriate) under Part 3 of the
Coroners Act 2008;
(ac) to receive a request for an investigation
by the coroner into a fire under
Division 2 of Part 4 of the Coroners
Act 2008 and refer that request to the
coroner;
(ad) on behalf of a coroner, to request and
receive information about a death or
fire that a coroner is investigating;
18
Justice Legislation Amendment Act 2013
No. 31 of 2013
Part 7—Amendment of the Coroners Act 2008 and the Victorian Institute of
Forensic Medicine Act 1985
(ae) to provide assistance and guidance in
respect of whether a death is a
reportable death or reviewable death to
a person who has an obligation to
report deaths of that kind under Part 3
of the Coroners Act 2008;";
(b) in paragraph (f), for "examinations."
substitute "examinations;";
(c) after paragraph (f) insert—
"(g) to gather information to assist a coroner
to identify the senior next of kin of a
deceased person;
(h) to provide information to, and obtain
information from, family members of a
deceased person for the purposes of a
medical examination and the coronial
process generally;
(i) to receive a request on behalf of a
coroner for an autopsy to be performed
on a body in the control of the coroner;
(j) to take possession of a body on behalf
of a coroner and to provide for the
release of a body following an order
made by a coroner under section 47 of
the Coroners Act 2008;
(k) to request and receive ante-mortem
specimens from hospitals in respect of
reportable deaths for the purposes of
medical examinations;
(l) to provide information to, and discuss
with, the senior next of kin of a
deceased person, the coronial process
and in particular explain any medical
examination to be performed on the
deceased as part of the investigation
process;
19
s. 21
Justice Legislation Amendment Act 2013
No. 31 of 2013
s. 21
Part 7—Amendment of the Coroners Act 2008 and the Victorian Institute of
Forensic Medicine Act 1985
(m) to assist the principal registrar of the
Coroners Court to provide information
prescribed for the purposes of
section 21 the Coroners Act 2008
regarding the coronial process to the
senior next of kin of a deceased person
and any other person the principal
registrar considers to have a sufficient
interest in the investigation under
section 21(b) of that Act.".
__________________
20
Justice Legislation Amendment Act 2013
No. 31 of 2013
Part 8—Repeal of Amending Act
PART 8—REPEAL OF AMENDING ACT
22 Repeal of amending Act
This Act is repealed on 30 April 2015.
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).
═══════════════
21
s. 22
Justice Legislation Amendment Act 2013
No. 31 of 2013
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 17 April 2013
Legislative Council: 9 May 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the
Administration and Probate Act 1958, the Crown Land (Reserves)
Act 1978, the Electoral Act 2002, the Magistrates' Court Act 1989 and
the Magistrates' Court Amendment (Assessment and Referral Court
List) Act 2010, the Sentencing Act 1991, the Coroners Act 2008 and
the Victorian Institute of Forensic Medicine Act 1985 and for other
purposes."
22