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Justice Legislation Amendment (Drug Court and
Other Matters) Act 2020
No. of 2020
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Establishment of Drug Court Division of County Court 3
Division 1--Amendment of County Court Act 1958 3
3 New sections 4AA and 4AAB inserted 3
4 Power to make rules of practice 5
5 New section 104 inserted 5
Division 2--Amendment of Sentencing Act 1991 5
6 Definitions 5
7 Sentencing guidelines 6
8 Sentences 6
9 Heading to Subdivision (1C) of Division 2 of Part 3 amended 6
10 Section 18X amended 6
11 Order only available at Drug Court 6
12 Section 18Z amended 7
13 Order can cover multiple offences 8
14 Effect of Drug Court declining to make an order 8
15 Section 18ZC amended 9
16 Sentence of imprisonment must be imposed 10
17 Activation of custodial part of an order 11
18 Core conditions 12
19 Program conditions 13
20 Variation on assessing offender's progress 13
21 Case conferences 13
22 Rewards for complying with conditions 14
23 Cancellation as a reward 14
24 Failure to comply with conditions 14
25 Service in a secure custody facility 15
26 Commission of certain offences 15
27 Drug Court may hear and determine certain offences 16
28 Cancellation 17
29 Section 18ZQ amended 17
i
Clause Page
30 Section 18ZR amended 18
31 Immunity from prosecution for certain offences 19
32 Order made by Court of Appeal 19
33 Court may reopen proceeding to correct penalty imposed
contrary to law 20
34 New section 171 inserted 20
Division 3--Amendment of the Corrections Act 1986 20
35 Definitions 20
36 Persons not regarded to be in the Secretary's legal custody 21
Division 4--Amendment of the Magistrates' Court Act 1989 21
37 Adjournment of proceeding to Drug Court Division 21
38 Rules of Court 21
Division 5--Amendment of the Serious Offenders Act 2018 21
39 Definitions 21
Division 6--Amendment of the Sex Offenders Registration Act
2004 21
40 Definitions 21
Division 7--Amendment of the Working with Children Act 2005 22
41 Definitions 22
Part 3--Amendment of Charities Act 1978 23
42 Inspector's power to delegate 23
43 New Part III inserted 23
Part 4--Amendment of Limitation of Actions Act 1958 24
44 Definitions for this Division 24
45 New section 27S inserted 24
46 Provisions as to actions already barred and pending actions 24
Part 5--Amendment of Victorian Civil and Administrative
Tribunal Act 1998 25
47 New section 175 inserted 25
48 Schedule 1 amended 25
Part 6--Amendment of the Children, Youth and Families Act 2005 27
49 Establishment of Youth Parole Board 27
50 Terms and conditions of office 27
51 Alternate members 28
52 Meetings of the Youth Parole Board 28
53 New section 632 inserted 29
ii
Clause Page
Part 7--Repeal of this Act 30
54 Repeal of this Act 30
â•â•â•â•â•â•â•â•â•â•â•â•â•
Endnotes 31
1 General information 31
iii
Justice Legislation Amendment (Drug
Court and Other Matters) Act 2020 â€
No. of 2020
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the County Court Act 1958 to
establish a Drug Court Division of the
County Court; and
(b) to consequentially amend the Sentencing
Act 1991 and certain other Acts in relation to
the new Drug Court Division of the County
Court; and
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Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Part 1--Preliminary
(c) to amend the Charities Act 1978 to further
provide for the delegation of certain powers
under that Act; and
(d) to amend the Limitation of Actions
Act 1958 in relation to previously barred
causes of action relating to child abuse; and
(e) to amend the Victorian Civil and
Administrative Tribunal Act 1998 in
relation to the confidentiality of proceedings
under the Voluntary Assisted Dying
Act 2017; and
(f) to amend the Children, Youth and Families
Act 2005 in relation to chairpersons and
alternate chairpersons of the Youth Parole
Board.
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 26 April 2021, it comes into
operation on that day.
2
Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Part 2--Establishment of Drug Court Division of County Court
Part 2--Establishment of Drug Court
Division of County Court
Division 1--Amendment of County Court Act 1958
3 New sections 4AA and 4AAB inserted
After section 4 of the County Court Act 1958
insert--
"4AA Establishment of Drug Court Division
(1) The court has a Drug Court Division.
(2) The Drug Court Division has such of the
powers of the court as are necessary to
enable it to exercise its jurisdiction.
(3) Despite section 4(1B), the Drug Court
Division shall only be constituted by a judge
who has been assigned to that Division by
the Chief Judge by notice published in the
Government Gazette.
(4) Nothing in subsection (3) prevents the Drug
Court Division being held by and before an
associate judge in accordance with section
4(1B).
(5) Nothing in subsection (3) prevents the Drug
Court Division being constituted by a
judicial registrar in accordance with
section 4(1C).
(6) The operation of sections 3B and 3BA is
subject to this section.
(7) Despite anything to the contrary in this Act,
the Drug Court Division may only sit and act
at a venue of the court specified by the Chief
Judge by notice published in the Government
Gazette.
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Part 2--Establishment of Drug Court Division of County Court
(8) The Drug Court Division must exercise its
jurisdiction with as little formality and
technicality, and with as much expedition, as
the requirements of this Act and the
Sentencing Act 1991 and the proper
consideration of the matters before the court
permit.
4AAB Adjournment of proceeding to Drug
Court Division
(1) The court, at any time before taking a formal
plea from the accused in a criminal
proceeding that is not in the Drug Court
Division, may adjourn the proceeding to the
Drug Court Division at that or another venue
if--
(a) it appears to the court that the accused
might be eligible for a drug and alcohol
treatment order if convicted of the
offence by the Drug Court Division;
and
(b) the usual place of residence of the
accused (if the accused has one) is
within a postcode area specified, in
relation to the venue at which the Drug
Court Division sits and acts, by the
Minister by notice published in the
Government Gazette; and
(c) the accused consents to the court doing
so.
(2) Despite subsection (1), the court must not
adjourn to the Drug Court Division an appeal
under Part 6.1 of the Criminal Procedure
Act 2009.
(3) Despite subsection (1), the court must not
adjourn a proceeding to the Drug Court
Division after the third anniversary of the
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Part 2--Establishment of Drug Court Division of County Court
commencement of section 3 of the Justice
Legislation Amendment (Drug Court and
Other Matters) Act 2020.".
4 Power to make rules of practice
In section 78(1)(fc)(iii) of the County Court
Act 1958, for "drug treatment order" substitute
"drug and alcohol treatment order".
5 New section 104 inserted
After section 103 of the County Court Act 1958
insert--
"104 Transitional provision--Justice
Legislation Amendment (Drug Court and
Other Matters) Act 2020
On and after the commencement of section 3
of the Justice Legislation Amendment (Drug
Court and Other Matters) Act 2020, section
4AAB as inserted by that section applies to a
criminal proceeding regardless of when the
offence to which that proceeding relates is
alleged to have been committed."
Division 2--Amendment of Sentencing Act 1991
6 Definitions
In section 3(1) of the Sentencing Act 1991--
(a) for the definition of Drug Court
substitute--
"Drug Court means the Drug Court Division
of either--
(a) the Magistrates' Court; or
(b) the County Court;";
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Part 2--Establishment of Drug Court Division of County Court
(b) for the definition of drug treatment order
substitute--
"drug and alcohol treatment order means an
order under Subdivision (1C) of
Division 2 of Part 3;";
(c) in paragraph (a) of the definition of Regional
Manager, after "drug" insert "and alcohol".
7 Sentencing guidelines
In section 5 of the Sentencing Act 1991--
(a) in subsection (4B), after "drug" insert "and
alcohol";
(b) in subsection (5), after "drug" insert "and
alcohol".
8 Sentences
In section 7(1)(ac) of the Sentencing Act 1991,
after "drug" insert "and alcohol".
9 Heading to Subdivision (1C) of Division 2 of Part 3
amended
In the heading to Subdivision (1C) of Division 2
of Part 3 of the Sentencing Act 1991, after
"Drug" insert "and alcohol".
10 Section 18X amended
(1) In the heading to section 18X of the Sentencing
Act 1991, after "drug" insert "and alcohol".
(2) In section 18X of the Sentencing Act 1991, for
"drug treatment order" (where twice occurring)
substitute "drug and alcohol treatment order".
11 Order only available at Drug Court
In section 18Y of the Sentencing Act 1991, after
"drug" insert "and alcohol".
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Part 2--Establishment of Drug Court Division of County Court
12 Section 18Z amended
(1) In the heading to section 18Z of the Sentencing
Act 1991, after "drug" insert "and alcohol".
(2) In section 18Z(1) of the Sentencing Act 1991--
(a) in subsection (1), for "drug treatment order"
(where twice occurring) substitute "drug
and alcohol treatment order";
(b) in paragraph (a), after "Magistrates' Court"
insert "or the County Court (as the case
requires)";
(c) for paragraph (d) substitute--
"(d) the Drug Court considers that,
otherwise, it would be appropriate to
impose--
(i) if the proceeding is in the
Magistrates' Court, a sentence of
imprisonment; or
(ii) if the proceeding is in the County
Court, a sentence of imprisonment
of no more than 4 years; and
(da) the Drug Court considers that, had it
been appropriate to impose a sentence
described in paragraph (d), the Drug
Court would not have suspended that
sentence in whole or in part; and".
(3) In section 18Z(2) of the Sentencing Act 1991, for
"However, a drug treatment order cannot be
made" substitute "The Drug Court Division of the
Magistrates' Court must not make a drug and
alcohol treatment order".
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Part 2--Establishment of Drug Court Division of County Court
(4) After section 18Z(2) of the Sentencing Act 1991
insert--
"(2A) The Drug Court Division of the County
Court must not make a drug and alcohol
treatment order in respect of an offender who
is subject to--
(a) a parole order; or
(b) a sentence of the Supreme Court.
(2B) The Drug Court Division of the County
Court must not make a drug and alcohol
treatment order in respect of an offender who
is convicted of an offence to which section
10, 10AA, 10AB, 10AC, 10AD or 10AE
applies.".
(5) In section 18Z(3) and (4) of the Sentencing
Act 1991, after "a drug" insert "and alcohol".
(6) In section 18Z(5) of the Sentencing Act 1991--
(a) after "Drug Court" insert "Division of the
Magistrates' Court";
(b) after "a drug" insert "and alcohol".
13 Order can cover multiple offences
In section 18ZA of the Sentencing Act 1991, after
"drug" (where twice occurring) insert "and
alcohol".
14 Effect of Drug Court declining to make an order
(1) In section 18ZB of the Sentencing Act 1991, after
"a drug" insert "and alcohol".
(2) For section 18ZB(b) of the Sentencing Act 1991
substitute--
"(b) adjourn the matter for sentencing in
accordance with subsection (2) or (3)
(whichever is applicable).".
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Part 2--Establishment of Drug Court Division of County Court
(3) At the end of section 18ZB of the Sentencing
Act 1991 insert--
"(2) If the Drug Court Division of the
Magistrates' Court is to adjourn a matter
under subsection (1)(b), it must adjourn the
matter to the Magistrates' Court (other than
the Drug Court) at the same venue.
(3) If the Drug Court Division of the County
Court is to adjourn a matter under subsection
(1)(b), it may adjourn the matter to either--
(a) if the offence is within the jurisdiction
of the Magistrates' Court, the
Magistrates' Court; or
(b) in any case, the County Court (other
than the Drug Court) at the same
venue.".
15 Section 18ZC amended
(1) In the heading to section 18ZC of the Sentencing
Act 1991, after "drug" insert "and alcohol".
(2) In section 18ZC(1) of the Sentencing Act 1991,
after "drug" insert "and alcohol".
(3) Section 18ZC(2) of the Sentencing Act 1991 is
repealed.
(4) In section 18ZC(3) of the Sentencing Act 1991,
after "drug" insert "and alcohol".
(5) After section 18ZC(3) of the Sentencing
Act 1991 insert--
"(4) The treatment and supervision part of a drug
and alcohol treatment order consists of--
(a) the core conditions attached to the
order; and
(b) the program conditions attached to the
order.
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Part 2--Establishment of Drug Court Division of County Court
(5) The core conditions operate--
(a) if the custodial part is a sentence of
imprisonment of no more than
2 years--
(i) for 2 years; or
(ii) if the treatment and supervision
part is cancelled earlier under
section 18ZK, 18ZN or 18ZP,
until that cancellation; or
(b) if the custodial part is a sentence of
imprisonment of more than 2 years--
(i) for the length of the custodial part;
or
(ii) if the treatment and supervision
part is cancelled earlier under
section 18ZK, 18ZN or 18ZP,
until that cancellation.
(6) The program conditions operate--
(a) for 2 years; or
(b) if the treatment and supervision part is
cancelled earlier under section 18ZK,
18ZN or 18ZP, until that cancellation.
(7) The treatment and supervision part is taken
to continue to operate while either the core
conditions or the program conditions
operate.".
16 Sentence of imprisonment must be imposed
(1) In section 18ZD(1) of the Sentencing Act 1991--
(a) after "a drug" insert "and alcohol";
(b) after "impose" insert "on the offender";
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Part 2--Establishment of Drug Court Division of County Court
(c) for "2 years on the offender." substitute
"the maximum duration specified in
subsection (1A).".
(2) After section 18ZD(1) of the Sentencing
Act 1991 insert--
"(1A) The maximum duration is--
(a) for the Drug Court Division of the
Magistrates' Court, 2 years; or
(b) for the Drug Court Division of the
County Court, 4 years.".
(3) In section 18ZD of the Sentencing Act 1991--
(a) in subsection (2), for "drug treatment order"
substitute "drug and alcohol treatment
order";
(b) in the note to subsection (3), after "a drug"
insert "and alcohol".
17 Activation of custodial part of an order
(1) In section 18ZE of the Sentencing Act 1991, for
"drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
(2) For section 18ZE(2)(b) of the Sentencing
Act 1991 substitute--
"(b) if required to do so by subsection (2A) or
(2B), reduce the remaining length of the
custodial part of the order in accordance with
whichever of those subsections applies.".
(3) After section 18ZE(2) of the Sentencing Act 1991
insert--
"(2A) For the purposes of subsection (2)(b), if--
(a) the length of the custodial part of the
drug and alcohol treatment order is no
more than 2 years; and
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Part 2--Establishment of Drug Court Division of County Court
(b) the sum of the following periods of
time is more than 2 years--
(i) the remaining length of the
custodial part; and
(ii) the period during which the
treatment and supervision part of
the order has already operated--
the remaining length of the custodial part
must be reduced so that the sum of those
periods is 2 years.
(2B) For the purposes of subsection (2)(b), if--
(a) the length of the custodial part of the
drug and alcohol treatment order is
more than 2 years; and
(b) the sum of the following periods of
time is more than the length of the
custodial part--
(i) the remaining length of the
custodial part; and
(ii) the period during which the
treatment and supervision part of
the order has already operated--
the remaining length of the custodial part
must be reduced so that the sum of those
periods is equal to the length of the custodial
part.".
18 Core conditions
In section 18ZF of the Sentencing Act 1991, for
"drug treatment order" (where twice occurring)
substitute "drug and alcohol treatment order".
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Part 2--Establishment of Drug Court Division of County Court
19 Program conditions
(1) In section 18ZG of the Sentencing Act 1991, for
"drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
(2) At the foot of section 18ZG(1) of the Sentencing
Act 1991 insert the following Note--
"Note
Section 18ZC(7) sets out the period during which the
treatment and supervision part of a drug and alcohol
treatment order operates.".
20 Variation on assessing offender's progress
(1) In section 18ZH(1) of the Sentencing Act 1991,
for "drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
(2) For section 18ZH(2)(b) of the Sentencing
Act 1991 substitute--
"(b) the informant, the police prosecutor, or the
prosecution (as the case requires); or".
21 Case conferences
(1) In section 18ZI of the Sentencing Act 1991, for
"drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
(2) In section 18ZI(1), (2) and (4) of the Sentencing
Act 1991, for "magistrate" substitute "judicial
officer".
(3) After section 18ZI(4) of the Sentencing Act 1991
insert--
"(5) In this section--
judicial officer means--
(a) for the Drug Court Division of the
Magistrates' Court, a magistrate;
or
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Part 2--Establishment of Drug Court Division of County Court
(b) for the Drug Court Division of the
County Court, a judicial registrar,
associate judge, or judge of the
County Court.".
22 Rewards for complying with conditions
In section 18ZJ of the Sentencing Act 1991, for
"drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
23 Cancellation as a reward
(1) In section 18ZK(1) of the Sentencing Act 1991,
for "The Drug Court" substitute "Subject to
subsection (1A), the Drug Court".
(2) After section 18ZK(1) of the Sentencing
Act 1991 insert--
"(1A) The Drug Court Division of the County
Court must not as a reward cancel the
treatment and supervision part and custodial
part of a drug and alcohol treatment order
after the program conditions have ceased to
operate.".
(3) In section 18ZK of the Sentencing Act 1991, for
"drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
24 Failure to comply with conditions
(1) In section 18ZL of the Sentencing Act 1991, for
"drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
(2) For section 18ZL(5)(a) of the Sentencing
Act 1991 substitute--
"(a) the informant, the police prosecutor, or the
prosecution (as the case requires); or".
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Part 2--Establishment of Drug Court Division of County Court
25 Service in a secure custody facility
(1) In section 18ZM of the Sentencing Act 1991, for
"drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
(2) For section 18ZM(4)(b) of the Sentencing
Act 1991 substitute--
"(b) the informant, the police prosecutor, or the
prosecution (as the case requires); and".
(3) After section 18ZM(5) of the Sentencing
Act 1991 insert--
"(6) The Drug Court Division of the County
Court may exercise any power conferred
under the Magistrates' Court Act 1989 with
respect to the issue, recall or cancellation of
a warrant issued under subsection (5), or a
duplicate copy of such a warrant.".
26 Commission of certain offences
(1) In section 18ZN of the Sentencing Act 1991, for
"drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
(2) For section 18ZN(2)(a) of the Sentencing
Act 1991 substitute--
"(a) the informant, the police prosecutor, or the
prosecution (as the case requires); or".
(3) For section 18ZN(3)(b) of the Sentencing
Act 1991 substitute--
"(b) the informant, the police prosecutor, or the
prosecution (as the case requires); and".
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Part 2--Establishment of Drug Court Division of County Court
27 Drug Court may hear and determine certain
offences
(1) For section 18ZO(1) of the Sentencing Act 1991
substitute--
"(1) If an offender who is subject to a drug and
alcohol treatment order made by the Drug
Court Division of the Magistrates' Court is
charged with an offence that is within the
jurisdiction of the Magistrates' Court--
(a) the Drug Court Division of the
Magistrates' Court may hear and
determine the offence; and
(b) for the purposes of the Magistrates'
Court Act 1989, the Drug Court
Division of the Magistrates' Court is
taken to be the proper venue in relation
to the proceeding for that offence.
(1A) If an offender who is subject to a drug and
alcohol treatment order made by the Drug
Court Division of the County Court is
charged with, and pleads guilty to, an
offence that is within the jurisdiction of the
Magistrates' Court--
(a) the Magistrates' Court must order that
the proceeding in respect of the charge
is transferred to the Drug Court
Division of the County Court; and
(b) the Drug Court Division of the County
Court may deal with the offender for
that offence.
(1B) If an offender who is subject to a drug and
alcohol treatment order made by the Drug
Court Division of the County Court is
charged with an offence that is within the
jurisdiction of the County Court, the Drug
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Part 2--Establishment of Drug Court Division of County Court
Court Division of the County Court may
hear and determine the offence.
(1C) For the purposes of subsections (1), (1A) and
(1B), it does not matter whether the offence
with which the offender is charged is alleged
to have been committed before or after the
drug and alcohol treatment order was made.
(1D) Subsections (1A) and (1B) do not apply after
the third anniversary of the commencement
of section 3 of the Justice Legislation
Amendment (Drug Court and Other
Matters) Act 2020.".
(2) In section 18ZO of the Sentencing Act 1991, for
"drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
28 Cancellation
(1) In section 18ZP of the Sentencing Act 1991, for
"drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
(2) For section 18ZP(3)(b) of the Sentencing
Act 1991 substitute--
"(b) the informant, the police prosecutor, or the
prosecution (as the case requires); or".
(3) For section 18ZP(4)(b) of the Sentencing
Act 1991 substitute--
"(b) the informant, the police prosecutor, or the
prosecution (as the case requires); and".
29 Section 18ZQ amended
(1) In the heading to section 18ZQ of the Sentencing
Act 1991, after "drug" insert "and alcohol".
(2) In section 18ZQ of the Sentencing Act 1991, for
"drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
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Part 2--Establishment of Drug Court Division of County Court
30 Section 18ZR amended
(1) In the heading to section 18ZR of the Sentencing
Act 1991, after "Appeals" insert "from
Magistrates' Court".
(2) In section 18ZR(1) of the Sentencing Act 1991,
for "Drug Court)" substitute "Drug Court
Division of the Magistrates' Court)".
(3) In section 18ZR(2) of the Sentencing Act 1991,
after "Drug Court" (where first occurring) insert
"Division of the Magistrates' Court".
(4) In section 18ZR(3) of the Sentencing Act 1991,
for "Drug Court." substitute "Drug Court
Division of the Magistrates' Court.".
(5) In section 18ZR(4) of the Sentencing Act 1991,
for "Drug Court," substitute "Drug Court
Division of the Magistrates' Court,".
(6) In section 18ZR(5) of the Sentencing Act 1991--
(a) for "Drug Court)" substitute "Drug Court
Division of the Magistrates' Court)";
(b) after "Drug Court" (where secondly
occurring) insert "Division of the
Magistrates' Court".
(7) In section 18ZR(6) of the Sentencing Act 1991,
after "Drug Court" insert "Division of the
Magistrates' Court".
(8) In section 18ZR(8) of the Sentencing Act 1991,
after "Drug Court" (wherever occurring) insert
"Division of the Magistrates' Court".
(9) In section 18ZR(9) of the Sentencing Act 1991--
(a) after "Drug Court" (where first and secondly
occurring) insert "Division of the
Magistrates' Court";
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Part 2--Establishment of Drug Court Division of County Court
(a) for "Drug Court." substitute "Drug Court
Division of the Magistrates' Court.".
(10) In section 18ZR(10) of the Sentencing Act 1991,
after "Drug Court" insert "Division of the
Magistrates' Court".
(11) In section 18ZR of the Sentencing Act 1991, for
"drug treatment order" (wherever occurring)
substitute "drug and alcohol treatment order".
31 Immunity from prosecution for certain offences
(1) In section 18ZS(1) of the Sentencing Act 1991,
for "drug treatment order" (where twice occurring)
substitute "drug and alcohol treatment order".
(2) In section 18ZS(1)(b) of the Sentencing
Act 1991, for "magistrate" substitute "judicial
officer".
(3) After section 18ZS(3) of the Sentencing Act 1991
insert--
"(4) In this section--
judicial officer means--
(a) for the Drug Court Division of the
Magistrates' Court, a magistrate;
or
(b) for the Drug Court Division of the
County Court, a judicial registrar,
an associate judge or a judge of
the County Court.".
32 Order made by Court of Appeal
In section 18ZT(a) of the Sentencing Act 1991,
for "drug treatment order" substitute "drug and
alcohol treatment order".
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Part 2--Establishment of Drug Court Division of County Court
33 Court may reopen proceeding to correct penalty
imposed contrary to law
In section 104B(7) of the Sentencing Act 1991, in
paragraph (b)(iii) of the definition of impose a
penalty, after "drug" insert "and alcohol".
34 New section 171 inserted
At the end of Part 12 of the Sentencing Act 1991
insert--
"171 Transitional provision--Justice
Legislation Amendment (Drug Court and
Other Matters) Act 2020
On and after the commencement of Division
2 of Part 2 of the Justice Legislation
Amendment (Drug Court and Other
Matters) Act 2020--
(a) this Act as amended by that Division
applies to a proceeding for an offence
regardless of when the offence is
alleged to have been committed; and
(b) a reference in this or any other Act to a
drug and alcohol treatment order also
refers to a drug treatment order made
under this Act before that
commencement.".
Division 3--Amendment of the Corrections
Act 1986
35 Definitions
In section 3(1) of the Corrections Act 1986, in
paragraph (h) of the definition of correctional
order, after "drug" insert "and alcohol".
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Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Part 2--Establishment of Drug Court Division of County Court
36 Persons not regarded to be in the Secretary's legal
custody
In section 6C of the Corrections Act 1986--
(a) in subsection (1)(ba), after "drug" insert
"and alcohol";
(b) in subsection (3), after "drug" insert "and
alcohol".
Division 4--Amendment of the Magistrates' Court
Act 1989
37 Adjournment of proceeding to Drug Court Division
In section 4B(1)(a) of the Magistrates' Court
Act 1989, for "drug treatment order" substitute
"drug and alcohol treatment order".
38 Rules of Court
In section 16I(b)(iii) of the Magistrates' Court
Act 1989, for "drug treatment order" substitute
"drug and alcohol treatment order".
Division 5--Amendment of the Serious Offenders
Act 2018
39 Definitions
In section 3 of the Serious Offenders Act 2018,
in paragraph (i) of the definition of custodial
sentence, after "drug" insert "and alcohol".
Division 6--Amendment of the Sex Offenders
Registration Act 2004
40 Definitions
In section 67(1) of the Sex Offenders
Registration Act 2004, in paragraph (c)(i) of the
definition of employment, after "drug" insert
"and alcohol".
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Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Part 2--Establishment of Drug Court Division of County Court
Division 7--Amendment of the Working with
Children Act 2005
41 Definitions
In section 3(1) of the Working with Children
Act 2005, in paragraph (c) of the definition of
community or treatment order, after "drug"
insert "and alcohol".
22
Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Part 3--Amendment of Charities Act 1978
Part 3--Amendment of Charities Act 1978
42 Inspector's power to delegate
Insert the following heading to section 14 of the
Charities Act 1978--
"Inspector's power to delegate".
43 New Part III inserted
After Part II of the Charities Act 1978 insert--
"Part III--General
18 Attorney-General's power to delegate
The Attorney-General, by instrument, may
delegate to any person any powers or
functions of the Attorney-General under this
Act and the regulations (other than this
power of delegation).".
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Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Part 4--Amendment of Limitation of Actions Act 1958
Part 4--Amendment of Limitation of Actions
Act 1958
44 Definitions for this Division
In section 27OA of the Limitation of Actions
Act 1958, in the definition of previously settled
cause of action, for "2015" substitute "2018".
45 New section 27S inserted
After section 27R of the Limitation of Actions
Act 1958 insert--
"27S Transitional provision--Justice
Legislation Amendment (Drug Court and
Other Matters) Act 2020
Sections 27OA, as amended by the Justice
Legislation Amendment (Drug Court and
Other Matters) Act 2020, applies to a cause
of action accrued or accruing before, on or
after the commencement of that
amendment.".
46 Provisions as to actions already barred and pending
actions
In section 35(2) of the Limitation of Actions
Act 1958, after "2019" insert "and as amended by
the Justice Legislation Amendment (Drug
Court and Other Matters) Act 2020".
24
Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Part 5--Amendment of Victorian Civil and Administrative Tribunal Act
1998
Part 5--Amendment of Victorian Civil and
Administrative Tribunal Act 1998
47 New section 175 inserted
After section 174 of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"175 Transitional--Justice Legislation
Amendment (Drug Court and Other
Matters) Act 2020
The amendments made to Schedule 1 by the
Justice Legislation Amendment (Drug
Court and Other Matters) Act 2020 only
apply to proceedings commenced after the
commencement of those amendments.".
48 Schedule 1 amended
After Part 22 of Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998 insert--
"Part 22A--Voluntary Assisted
Dying Act 2017
100A Confidentiality of proceedings
(1) Unless the Tribunal orders otherwise, a
person must not publish or broadcast or
cause to be published or broadcast any report
of a proceeding under the Voluntary
Assisted Dying Act 2017 that identifies, or
could reasonably lead to the identification of,
a party to the proceeding.
Penalty: 20 penalty units.
(2) The Tribunal may make an order under
subclause (1) only if it considers that it
would be in the public interest to do so.
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Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Part 5--Amendment of Victorian Civil and Administrative Tribunal Act
1998
(3) An order of the Tribunal under subclause (1)
must specify that pictures are not to be taken
of any party to the proceeding.".
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Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Part 6--Amendment of the Children, Youth and Families Act 2005
Part 6--Amendment of the Children, Youth
and Families Act 2005
49 Establishment of Youth Parole Board
For section 442(2)(a) of the Children, Youth and
Families Act 2005 substitute--
"(a) a chairperson appointed by the Governor in
Council on the nomination of the Attorney-
General who is one of the following--
(i) a judge of the County Court, a reserve
judge of the County Court or a former
judge of the County Court;
(ii) a magistrate within the meaning of
section 3(1) of the Magistrates' Court
Act 1989, a reserve magistrate within
the meaning of that Act or a former
magistrate;
(iii) an Australian lawyer of at least
10 years' standing; and".
50 Terms and conditions of office
For section 443(6) of the Children, Youth and
Families Act 2005 substitute--
"(6) If a member who is a judge of the County
Court or a reserve judge of the County Court,
a magistrate or a reserve magistrate is
removed from judicial office under
Part IIIAA of the Constitution Act 1975,
that person ceases to hold office as a
member.".
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Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Part 6--Amendment of the Children, Youth and Families Act 2005
51 Alternate members
(1) For section 444(1)(a) of the Children, Youth and
Families Act 2005 substitute--
"(a) up to 2 alternate members as alternate
chairpersons for the Youth Parole Board on
the nomination of the Attorney-General each
of whom is one of the following--
(i) a judge of the County Court, a reserve
judge of the County Court or a former
judge of the County Court;
(ii) a magistrate within the meaning of
section 3(1) of the Magistrates' Court
Act 1989, a reserve magistrate within
the meaning of that Act or a former
magistrate;
(iii) an Australian lawyer of at least
10 years' standing; and".
(2) For section 444(1A) of the Children, Youth and
Families Act 2005 substitute--
"(1A) An alternate chairperson appointed under
subsection (1)(a) is required to act as
chairperson if--
(a) the chairperson is absent from duty; or
(b) the office of chairperson is vacant.".
52 Meetings of the Youth Parole Board
(1) In section 445(1) of the Children, Youth and
Families Act 2005, after "the chairperson" insert
"or an acting chairperson".
(2) In section 445(2) of the Children, Youth and
Families Act 2005, for "the acting" substitute
"an acting".
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Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Part 6--Amendment of the Children, Youth and Families Act 2005
(3) In section 445(3) of the Children, Youth and
Families Act 2005, after "the chairperson" insert
"or an acting chairperson".
(4) In section 445(4) of the Children, Youth and
Families Act 2005, after "a female member"
insert "(including as an acting chairperson)".
(5) In section 445(5) of the Children, Youth and
Families Act 2005, after "the chairperson" insert
"or an acting chairperson".
53 New section 632 inserted
After section 631 of the Children, Youth and
Families Act 2005 insert--
"632 Transitional provisions--Justice
Legislation Amendment (Drug Court and
Other Matters) Act 2020
(1) On and from the commencement of Part 6 of
the Justice Legislation Amendment (Drug
Court and Other Matters) Act 2020, the
Youth Parole Board is taken to be the same
body as it was immediately before that
commencement, despite the changes to the
constitution or quorum of the Youth Parole
Board made by that Act and no decision,
matter or thing is to be affected because of
those changes.
(2) The members of the Youth Parole Board
(including the chairperson and any alternate
members) holding office immediately before
the commencement of Part 6 of the Justice
Legislation Amendment (Drug Court and
Other Matters) Act 2020 continue to hold
office as members after that commencement
on the same terms and conditions on which
they held office as members immediately
before that commencement.".
29
Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Part 7--Repeal of this Act
Part 7--Repeal of this Act
54 Repeal of this Act
This Act is repealed on 26 April 2022.
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).
â•â•â•â•â•â•â•â•â•â•â•â•â•
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Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
No. of 2020
Endnotes
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.
â€
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
County Court Act 1958 to establish a Drug Court Division of the County
Court and to make consequential and related amendments to certain other
Acts, to amend the Limitation of Actions Act 1958 in relation to
previously barred causes of action relating to child abuse, to make
miscellaneous amendments to the Charities Act 1978 and the Victorian
Civil and Administrative Tribunal Act 1998 and to amend the
Children, Youth and Families Act 2005 in relation to chairpersons and
alternate chairpersons of the Youth Parole Board and for other purposes."
By Authority. Government Printer for the State of Victoria.
31
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