Victorian Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
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
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback