Victorian Numbered Acts Victorian Numbered ActsAfter section 58B of the Principal Act insert —
(1) The Corporation must not issue a driver licence or learner permit to a person whose driver licence or learner permit is cancelled, or who is disqualified from obtaining a driver licence or learner permit, on conviction or on being found guilty of an offence specified in subsection (2) unless the Corporation is satisfied that the person has completed the first-stage behaviour change program specified in the notice under section 58E.
(2) For the purposes of subsection (1), the following offences are specified—
(a) an offence under section 49(1), other than an accompanying driver offence;
(b) any of the following offences committed while the person was under the influence of alcohol or drugs, or both—
(i) a serious motor vehicle offence, within the meaning of section 87P of the Sentencing Act 1991 ;
(ii) an offence under section 319AA of the Crimes Act 1958 ;
(iii) stealing or attempting to steal a motor vehicle.
Note
Section 28A(2) provides that a person whose driver licence or learner permit is suspended by force of section 89(4) of the Sentencing Act 1991 is not disqualified for the purposes of this section.
(3) If—
(a) a person is convicted or found guilty of—
(i) a drug driving offence referred to in section 89D; or
(ii) an offence referred to in section 89(4) of the Sentencing Act 1991 ; and
(b) the person's driver licence or learner permit is suspended as a result of that conviction or finding of guilt—
the Corporation must cancel any driver licence or learner permit held by the person unless it is satisfied that the person has completed the first-stage behaviour change program specified in the notice under section 58E within the period specified in that notice.
(4) A person—
(a) whose driver licence or learner permit is cancelled under subsection (3); or
(b) who, if the person had held a driver licence or learner permit at the relevant time, would have had that driver licence or learner permit cancelled under subsection (3)—
is disqualified from obtaining a driver licence or learner permit until the Corporation is satisfied that the person has completed the first-stage behaviour change program referred to in that subsection.
(5) Subsections (1) and (3) do not apply if, under the regulations, the person is not required to complete a first-stage behaviour change program.
(6) If a person is charged with an offence under section 49(1) and on the hearing the court releases the person on an undertaking being given by the person under section 75(1) of the Sentencing Act 1991 , the court must—
(a) attach to the undertaking a condition that the person completes a first-stage behaviour change program; and
(b) notify the Corporation of the undertaking.
(1) The regulations may require a person to complete a second-stage behaviour change program before the person may apply for the removal of an alcohol interlock condition imposed on the person's driver licence or learner permit under this Act.
(2) A requirement referred to in subsection (1) may be prescribed by the regulations to apply to—
(a) all persons whose driver licence or learner permit is subject to an alcohol interlock condition imposed under this Act; or
(b) a class of persons whose driver licence or learner permit is subject to an alcohol interlock condition imposed under this Act.
(1) The Corporation must give notice in accordance with this section to the following—
(a) a person who is required to complete a first-stage behaviour change program before the person may apply for a licence eligibility order under section 31B;
(b) a person who is required under
section 58C(1) or 58F(2)(a) to complete a first-stage behaviour
change program before the Corporation may issue a driver
licence or learner permit to the
person;
(c) a person who is required under section 58C(3) or 58F(2)(b) to complete a first-stage behaviour change program within a specified period;
(d) a person who is required to complete a first-stage behaviour change program as a condition of an undertaking given by the person under section 75(1) of the Sentencing Act 1991 ;
(e) a person who is required under the regulations to complete a second-stage behaviour change program before the person may apply under section 50AAB or 50AAAB for the removal of an alcohol interlock condition imposed on the person's driver licence or learner permit under this Act.
(2) The notice must be in writing and—
(a) state the behaviour change program that the person is required to complete; and
(b) contain the prescribed information; and
(c) in the case of a person referred to in subsection (1)(c), state—
(i) the date (being not less than 3 months after the date of the notice) by which the person must complete the behaviour change program; and
(ii) that if the person fails to complete the behaviour change program before that date, the Corporation will cancel any driver licence or learner permit held by the person and the person will be disqualified from obtaining a driver licence or learner permit until the person completes the program.
(1) This section applies to a person to whom section 31KB applies.
Note
Section 31KB applies to a person who holds a licence or permit issued in another State or a Territory that is subject to an alcohol interlock condition or who was, but is no longer, prevented under section 23A or disqualified under section 25(3) from obtaining a driver licence or learner permit because the person was disqualified from driving or obtaining a driver licence or learner permit in that other State or Territory as a result of a corresponding interstate drink-driving offence.
(2) The Corporation must require the person to complete a first-stage behaviour change program specified in the notice under section 58E or contained in the information given to the person under subsection (4)—
(a) before a driver licence or learner permit is issued to the person; or
(b) within the period specified in the notice or contained in the information.
Note
Under section 31KB, a driver licence or learner permit granted by the Corporation to a person to whom that section applies must be made subject to an alcohol interlock condition. Before the alcohol interlock condition is removed, the person may be required to complete a second-stage behaviour change program—see section 58D.
(3) Subsection (2) does not apply if, under the regulations, the person is not required to complete a first-stage behaviour change program.
(4) If it is not practicable to give notice to the person in accordance with section 58E, the Corporation must ensure that the person is given the information referred to in section 58E(2) in writing when the person applies for a driver licence or learner permit.
(5) For the purposes of this Act, any information given to a person under subsection (4) is taken to have been given by notice under section 58E.
A requirement to complete a behaviour change program in relation to an offence is in addition to, and does not limit or otherwise affect, any penalty that may be imposed in respect of the offence.
(1) This section applies if—
(a) the Corporation or a court has accepted written evidence of a person having completed a behaviour change program; and
(b) after issuing a driver licence or learner permit to the person on the basis of that evidence having been accepted, the Corporation becomes aware that the evidence is invalid, false or issued in error.
(2) The Corporation must—
(a) suspend any driver licence or learner permit held by the person; or
(b) if the driver licence or learner permit is already suspended—further suspend the driver licence or learner permit from the date of expiry of the existing suspension; or
(c) if the person does not hold a driver licence or learner permit—disqualify the person from driving a motor vehicle on a road in Victoria and disqualify the person from obtaining a driver licence or learner permit.
(3) A suspension, further suspension or disqualification under subsection (2) remains in effect until the Corporation is satisfied that the person has completed the behaviour change program specified in the notice under section 58E.
(1) The Corporation may approve, in writing, a first-stage behaviour change program to be provided by an approved provider to persons who are required under this Act to complete a first-stage behaviour change program.
(2) The Corporation may approve, in writing, a second-stage behaviour change program to be provided by an approved provider to persons who are required under the regulations to complete a second-stage behaviour change program.
(3) The Corporation may approve a first-stage behaviour change program to be provided to a class of persons required to complete a first-stage behaviour change program.
(4) The Corporation may approve a second-stage behaviour change program to be provided to a class of persons required to complete a second-stage behaviour change program.
Example
The Corporation may approve a second-stage behaviour change program that is to be provided only to repeat offenders.
(1) The Corporation may approve, in writing, a person or body to be a provider of a behaviour change program for the purposes of this Act.
(2) The Corporation may determine the process for approving providers and the requirements an applicant must meet to be considered for approval.
(3) At any time, the Corporation may, by giving written notice to the person or body concerned, vary the approval of that person or body under this section.
Example
The Corporation may vary the behaviour change program that the person or body is approved to provide.
(4) The Corporation must not take action under subsection (3) unless it has allowed the person or body at least 10 working days to make written representations about the proposed action.
(1) An approval under section 58J may be given subject to any specified condition, limitation or restriction that the Corporation considers appropriate.
(2) At any time, the Corporation may, by giving written notice to the person or body concerned—
(a) vary or revoke a condition, limitation or restriction to which the approval is subject; or
(b) make the approval subject to a new condition, limitation or restriction.
(3) The Corporation must not take action under subsection (2) unless it has allowed the person or body at least 10 working days to make written representations about the proposed action.
(1) The Corporation may, by giving written notice to an approved provider, cancel or suspend the provider's approval under section 58J if the Corporation is satisfied that the provider—
(a) has failed to comply with any condition, limitation or restriction to which the approval is subject; or
(b) has failed to provide a behaviour change program to the satisfaction of the Corporation.
(2) The Corporation must not take action under subsection (1) unless it has allowed the approved provider at least 10 working days to make written representations about the proposed action.
(1) A person or body whose interests are affected by a decision of the Corporation under section 58L to cancel or suspend an approval may apply for review of the decision to VCAT.
(2) An application for review must be made within 28 days after the later of—
(a) the day on which the decision is made; or
(b) if the person or body requests a statement of reasons for the decision under section 45 of the Victorian Civil and Administrative Tribunal Act 1998 , the day on which—
(i) the statement is given to the person or body; or
(ii) the person or body is informed under section 46(5) of that Act that the statement will not be given.
(1) A person participating in a behaviour change program must pay to the approved provider who is providing the program—
(a) any commercial charge set by the approved provider for participating in the behaviour change program; and
(b) in the case of a first-stage behaviour change program—the fee determined by the Corporation under section 58P(1).
(2) An approved provider must refund the fee payable under subsection (1)(b) to the person if the approved provider—
(a) fails to provide the first-stage behaviour change program at the time agreed with the person; and
(b) either—
(i) is unable to reach agreement with the person as to an alternative time at which to provide the program; or
(ii) fails to provide the first-stage behaviour change program at an alternative time agreed with the person.
(1) An approved provider must give to the Corporation the information required by the Corporation relating to each behaviour change program provided by the approved provider.
(2) The information required by the Corporation under subsection (1) may include the details of the participants in the behaviour change program.
(3) The approved provider must give the information in the manner and within the time determined by the Corporation.
(4) In the case of a first-stage behaviour change program, the information given to the Corporation under subsection (1) must be accompanied by any fees paid to the approved provider under section 58N(1)(b) by the participants in the program.
(1) The Corporation may determine from time to time the fee to be imposed on persons for participating in a first-stage behaviour change program conducted by an approved provider.
(2) A determination under subsection (1) must be made by notice published in the Government Gazette.
(3) In determining the amount of the fee, the Corporation must ensure that the total fees collected do not exceed the costs of the implementation and administration of the behaviour change program scheme established under this Part.
(4) The determination may provide that a concessional rate of the fee applies to a specified class of persons.
(1) An approved provider may, as part of a behaviour change program, refer a participant in the program to medical or other therapeutic services.
(2) Any fee or other cost associated with the attendance by the person at the provider of medical or other therapeutic services to which the person has been referred under subsection (1)—
(a) must be paid by the person; and
(b) does not form part of the fee for the behaviour change program determined by the Corporation under section 58P(1).
(1) If a person completes a behaviour change program, the approved provider of the program must prepare a certificate of completion, in the form approved by the Corporation, certifying that the person has completed the program.
(2) The certificate of completion must state whether the person has been referred to a medical or other therapeutic service as part of the behaviour change program.
(3) The approved provider must provide a copy of the certificate of completion to—
(a) the person who completed the behaviour change program; and
(b) any other person prescribed by the regulations.
(4) If a copy of a certificate of completion is required to be provided to a court, the person who completed the behaviour change program must provide a copy of the certificate to the court unless the regulations provide otherwise.".