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JUSTICE LEGISLATION AMENDMENT (CRIMINAL PROCEDURE DISCLOSURE AND OTHER MATTERS) ACT 2022 (NO. 1 OF 2022)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  

   PART 2--CRIMINAL PROCEDURE DISCLOSURE

           Division 1--Disclosure obligations of informants

   3.      Definitions  
   4.      New section 415A inserted  

           Division 2--Disclosure certificates

   5.      New section 41A inserted  
   6.      New section 110A inserted  
   7.      Contents of case direction notice  

           Division 3--Applications for non-disclosure

   8.      Definitions  
   9.      New sections 416A, 416B and 416C inserted  

           Division 4--Information relating to the credibility of witnesses for the prosecution

   10.     Contents of full brief  
   11.     Contents of hand-up brief  

           Division 5--General

   12.     Regulations  
   13.      New section 458 inserted  

   PART 3--DUAL COMMISSION HOLDERS

           Division 1--Magistrates' Court Act 1989

   14.     Definitions  
   15.     Appointment of magistrates  
   16.     Salaries, superannuation contributions, allowances and other conditions of service  
   17.     Pension of Chief Magistrate  
   18.     Council of magistrates  
   19.     Warrants  
   20.     Appeal to Supreme Court from final order made in civil proceeding  
   21.     Appeals from Court constituted by Chief Magistrate who is a dual commission holder  
   22.     New section 140A inserted  
   23.     Schedule 1 amended  
   24.     Schedule 8 amended  

           Division 2--Supreme Court Act 1986

   25.     Leave to appeal required for civil appeals  
   26.     Council of Judges  
   27.     Professional development and training  
   28.     New section 129A inserted  

           Division 3--Constitution Act 1975

   29.     Qualification and appointment of Judges  
   30.     Commissions of Judges  
   31.     Salaries, allowances, other conditions of service and pension entitlements of Judges of the Supreme Court  
   32.     As to pensions of Judges of the Supreme Court and their partners and children  
   33.     Judges not to hold any other place of profit  

           Division 4--Judicial Entitlements Act 2015

   34.     Salary entitlements of judicial officers  
   35.     New section 46 inserted  

           Division 5--County Court Act 1958

   36.     Salaries, allowances and conditions of service of the Chief Judge and other judges  
   37.     Provision for pensions to County Court judges and their partners  
   38.     Professional development and training  
   39.     Council of Judges  

           Division 6--Children, Youth and Families Act 2005

   40.     Definitions  
   41.     Appeal to County Court or Supreme Court  
   42.     Appeal to Supreme Court on a question of law  
   43.     Right of appeal  
   44.     How appeal is commenced  
   45.     DPP's right of appeal against sentence  
   46.     DPP's right of appeal—failure to fulfil undertaking  
   47.     Late notice of appeal deemed to be application for leave to appeal  
   48.     Abandonment of appeal  
   49.     Appellant's failure to appear  
   50.     Appeal to County Court or Trial Division of Supreme Court authorised by other Acts  
   51.     Notification of requirement to submit pre-sentence report  
   52.     Pre-sentence report to be filed with court  
   53.     Attendance at appellate court of author of pre-sentence report  
   54.     Group conference report to be filed with court  
   55.     Appeal to Supreme Court on a question of law  
   56.     Appeal on question of law precludes other appeals  
   57.     Right of appeal against sentence of detention imposed on appeal from Children's Court  
   58.     Reservation of question of law  
   59.     DPP may refer point of law to Court of Appeal  
   60.     Appeals from Court constituted by Chief Magistrate who is a dual commission holder  
   61.     Supreme Court—limitation of jurisdiction  
   62.     Repeals and transitional provisions  

           Division 7--Criminal Procedure Act 2009

   63.     Right of appeal  
   64.     How appeal is commenced  
   65.     DPP's right of appeal against sentence  
   66.     DPP's right of appeal—failure to fulfil undertaking  
   67.     Late notice of appeal deemed to be application for leave to appeal  
   68.     Abandonment of appeal  
   69.     Appellant's failure to appear  
   70.     Appeal to County Court authorised by other Acts  
   71.     Appeal to Supreme Court on a question of law  
   72.     Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court  
   73.     Right of appeal against certain sentences imposed by County Court or Supreme Court on appeal from Magistrates' Court  
   74.     Reservation of question of law on appeal to County Court  
   75.     DPP may refer point of law to Court of Appeal  
   76.     Costs on appeal to County Court or the Trial Division of the Supreme Court under section 254  
   77.     Costs on abandonment of appeal to County Court or the Trial Division of the Supreme Court  
   78.     Supreme Court—limitation of jurisdiction  
   79.     New section 460 inserted  

           Division 8--Sentencing Act 1991

   80.     Fixing of non-parole period otherwise than by sentencing court  
   81.     Appeals from Magistrates' Court  

           Division 9--Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

   82.     Appeal in relation to fitness to stand trial  
   83.     Appeal against unconditional release  
   84.     Appeal against mental impairment finding  
   85.     Appeal against unconditional release  
   86.     Appeal against supervision order  

           Division 10--Catchment and Land Protection Act 1994

   87.     Effect of finding of guilt for offence against section 18G  

           Division 11--Disability Act 2006

   88.     Appeals regarding extended leave  

           Division 12--Family Violence Protection Act 2008

   89.     Definitions  
   90.     Court to which appeal must be made  
   91.     Appellant's failure to appear  
   92.     Conduct of appeal  

           Division 13--Fisheries Act 1995

   93.     Additional penalties for licence holders committing offences  

           Division 14--Gambling Regulation Act 2003

   94.     Forfeiture  

           Division 15--Independent Broad-based Anti‑corruption Commission Act 2011

   95.     Definitions  

           Division 16--Interpretation of Legislation Act 1984

   96.     Definitions  

           Division 17--Judgment Debt Recovery Act 1984

   97.     Persistent wilful default  

           Division 18--Judicial Commission of Victoria Act 2016

   98.     Definitions  
   99.     Effect of standing down of judicial officer under section 98(2)(b)  

           Division 19--Land Act 1958

   100.    Appeals  

           Division 20--Liquor Control Reform Act 1998

   101.    Property forfeited  

           Division 21--Maintenance Act 1965

   102.    Notice of appeal and application of appeal provisions of Magistrates' Court Act 1989  

           Division 22--Personal Safety Intervention Orders Act 2010

   103.    Definitions  
   104.    Court to which appeal must be made  
   105.    Conduct of appeal  

           Division 23--Road Safety Act 1986

   106.    Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court  

           Division 24--Water Act 1989

   107.    Effect of finding of guilt for offence against section 109  

           Division 25--Justice Legislation Amendment (Criminal Appeals) Act 2019

   108.    Division 1 of Part 5.4 substituted  
   109.    New Division 1AA of Part 6.1 inserted  
   110.    Division 1 of Part 6.1 substituted  

   PART 4--SENTENCE INDICATIONS IN HIGHER COURTS

           Division 1--Criminal Procedure Act 2009

   111.    Section 207 substituted  
   112.    Application for sentence indication  
   113.    Effect of sentence indication  
   114.    New section 209A inserted  
   115.    New section 459 inserted  

           Division 2--Consequential amendment of Victims' Charter Act 2006

   116.    Definitions  
   117.    Views of victim to be sought by DPP  

   PART 4A--INFORMATION REQUIRED TO BE GIVEN TO VICTIMS

   117A.   Victim impact statements  
   117B.   Compensation and financial assistance for victims  

   PART 5--PERSONAL SAFETY INTERVENTION ORDERS

   118.    Definitions  
   119.    How application is to be made  
   120.    New section 110A inserted  
   121.    New section 184A inserted  

   PART 6--FAMILY DIVISION OF THE CHILDREN'S COURT

   122.    Jurisdiction of Family Division  
   123.    Rules  

   PART 7--GIVING EVIDENCE REMOTELY IN PROCEEDINGS RELATING TO FAMILY VIOLENCE

           Division 1--Amendment of the Criminal Procedure Act 2009

   124.    When court must direct use of closed-circuit television or other facilities for complainant  
   125.    Statute law revision  

           Division 2--Amendment of the Family Violence Protection Act 2008

   126.    Alternative arrangements for proceeding  

   PART 8--REPEAL OF THIS ACT

   127.    Repeal of this Act  
           ENDNOTES


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