Justice Miscellaneous (Royal Commission Amendments) Bill 2022
This is a Bill, not an Act. For current law, see the Acts databases.
Justice Miscellaneous (Royal Commission Amendments) Bill 2022
TASMANIA
__________
JUSTICE MISCELLANEOUS (ROYAL
COMMISSION AMENDMENTS) BILL 2022
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ANNULLED CONVICTIONS ACT 2003 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
PART 3 - CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
5. Principal Act
6. Section 79 amended (Proceedings on prosecutions)
7. Section 88E inserted
88E. Transitional provisions (2022 amendments)
PART 4 - COMMUNITY PROTECTION (OFFENDER REPORTING)
ACT 2005 AMENDED
8. Principal Act
9. Schedule 2 amended (Class 2 offences)
PART 5 - CORRECTIONS ACT 1997 AMENDED
10. Principal Act
[Bill 55]-VII
11. Section 3 amended (Interpretation)
PART 6 - CRIMINAL CODE ACT 1924 AMENDED
12. Principal Act
13. Schedule 1 amended (Criminal Code)
PART 7 - CRIMINAL LAW (DETENTION AND INTERROGATION)
ACT 1995 AMENDED
14. Principal Act
15. Section 4 amended (Detention of person in custody)
PART 8 - DANGEROUS CRIMINALS AND HIGH RISK OFFENDERS
ACT 2021 AMENDED
16. Principal Act
17. Schedule 1 amended (Serious Offences)
PART 9 - EVIDENCE ACT 2001 AMENDED
18. Principal Act
19. Section 3 amended (Interpretation)
20. Section 19 amended (Compellability of spouses and others in
certain proceedings)
21. Section 94 amended (Application of Part)
22. Section 97A inserted
97A. Admissibility of tendency evidence in proceedings
involving child sexual offences
23. Section 98 amended (Coincidence rule)
24. Section 101 amended (Further restrictions on tendency evidence
and coincidence evidence adduced by the prosecution)
25. Section 194K amended (Publication of certain identifying
particulars prohibited)
PART 10 - EVIDENCE (CHILDREN AND SPECIAL WITNESSES)
ACT 2001 AMENDED
26. Principal Act
27. Section 3 amended (Interpretation)
28. Section 5A inserted
2
5A. Audio visual statement of certain witnesses
admissible as evidence in chief
29. Section 6A substituted
6A. Special hearing to take and record person's evidence
in full
30. Section 7H amended (Functions of witness intermediary)
31. Section 7I amended (Assessment report)
32. Section 7J amended (Use of witness intermediary)
PART 11 - JUSTICES ACT 1959 AMENDED
33. Principal Act
34. Section 61 amended (Interpretation)
PART 12 - MAGISTRATES COURT (CRIMINAL AND GENERAL
DIVISION) ACT 2019 AMENDED
35. Principal Act
36. Section 4 amended (Interpretation)
PART 13 - POLICE OFFENCES ACT 1935 AMENDED
37. Principal Act
38. Section 3 amended (Interpretation)
39. Section 35 amended (Common assault and aggravated assault)
PART 14 - SENTENCING ACT 1997 AMENDED
40. Principal Act
41. Section 4 amended (Interpretation)
42. Section 11A amended (Matters to be taken or not taken into
account in sentencing certain sexual offenders)
43. Section 27A amended (Interpretation of Part)
PART 15 - VICTIMS OF CRIME ASSISTANCE ACT 1976 AMENDED
44. Principal Act
45. Section 7 amended (Procedure for determining applications for
awards)
PART 16 - REPEAL OF ACT
46. Repeal of Act
3
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JUSTICE MISCELLANEOUS (ROYAL
COMMISSION AMENDMENTS) BILL 2022
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
24 November 2022
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend the Annulled Convictions Act 2003, the
Classification (Publications, Films and Computer Games)
Enforcement Act 1995, the Community Protection (Offender
Reporting) Act 2005, the Corrections Act 1997, the Criminal
Code Act 1924, the Criminal Law (Detention and
Interrogation) Act 1995, the Dangerous Criminals and High
Risk Offenders Act 2021, the Evidence Act 2001, the
Evidence (Children and Special Witnesses) Act 2001, the
Justices Act 1959, the Magistrates Court (Criminal and
General Division) Act 2019, the Police Offences Act 1935,
the Sentencing Act 1997 and the Victims of Crime
Assistance Act 1976
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
[Bill 55] 5
Justice Miscellaneous (Royal Commission Amendments) Act
2022
Act No. of 2022
s. 1 Part 1 - Preliminary
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Justice
Miscellaneous (Royal Commission Amendments)
Act 2022.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
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Justice Miscellaneous (Royal Commission Amendments) Act 2022
Act No. of 2022
Part 2 - Annulled Convictions Act 2003 Amended s. 3
PART 2 - ANNULLED CONVICTIONS ACT 2003
AMENDED
3. Principal Act
In this Part, the Annulled Convictions Act 2003*
is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting "124A," after "section 124, " in
paragraph (a) of the definition of sexual offence.
_______________________________________________________________
*No. 46 of 2003
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Justice Miscellaneous (Royal Commission Amendments) Act
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Act No. of 2022
s. 5 Part 3 - Classification (Publications, Films and Computer Games)
Enforcement Act 1995 Amended
PART 3 - CLASSIFICATION (PUBLICATIONS, FILMS
AND COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
5. Principal Act
In this Part, the Classification (Publications,
Films and Computer Games) Enforcement Act
1995* is referred to as the Principal Act.
6. Section 79 amended (Proceedings on prosecutions)
Section 79 of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraphs:
(a) proceedings for an offence against
section 72, 72A or 73 may be
commenced at any time; and
(ab) proceedings for an offence against
section 73A, 74 or 74A may be
commenced at any time within a period
of 2 years after the time when the offence
is alleged to have been committed; and
7. Section 88E inserted
After section 88D of the Principal Act, the
following section is inserted in Division 2:
_______________________________________________________________
*No. 105 of 1995
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Justice Miscellaneous (Royal Commission Amendments) Act 2022
Act No. of 2022
Part 3 - Classification (Publications, Films and Computer Games) s. 7
Enforcement Act 1995 Amended
88E. Transitional provisions (2022 amendments)
The amendments to section 79 effected
by section 6 of the Justice Miscellaneous
(Royal Commission Amendments) Act
2022 apply in respect of proceedings for
an offence against sections 72, 72A or
73 -
(a) whether or not that offence was
committed before or after the
commencement of that Act; and
(b) whether or not a limitation period
previously applying to the
offence has expired before the
commencement of that Act.
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Act No. of 2022
s. 8 Part 4 - Community Protection (Offender Reporting) Act 2005 Amended
PART 4 - COMMUNITY PROTECTION (OFFENDER
REPORTING) ACT 2005 AMENDED
8. Principal Act
In this Part, the Community Protection (Offender
Reporting) Act 2005* is referred to as the
Principal Act.
9. Schedule 2 amended (Class 2 offences)
Schedule 2 to the Principal Act is amended by
inserting after
Section 124 Penetrative sexual abuse of a
child [or young person]
the following item:
Section 124A Penetrative sexual abuse of a
child [or young person] by a
person in a position of authority
_______________________________________________________________
*No. 61 of 2005
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Justice Miscellaneous (Royal Commission Amendments) Act 2022
Act No. of 2022
Part 5 - Corrections Act 1997 Amended s. 10
PART 5 - CORRECTIONS ACT 1997 AMENDED
10. Principal Act
In this Part, the Corrections Act 1997* is
referred to as the Principal Act.
11. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting "124A," after "124, " in paragraph (b)
of the definition of sexual offence.
_______________________________________________________________
*No. 51 of 1997
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Act No. of 2022
s. 12 Part 6 - Criminal Code Act 1924 Amended
PART 6 - CRIMINAL CODE ACT 1924 AMENDED
12. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
13. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as
follows:
(a) by inserting the following section after
section 124:
124A. Penetrative sexual abuse of child or
young person by person in position of
authority
(1) In this section -
child means a person under the
age of 18 years;
parent, of a child, includes -
(a) a step-parent,
surrogate parent,
adoptive parent,
foster parent and
guardian of the
child; and
_______________________________________________________________
*No. 69 of 1924
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Part 6 - Criminal Code Act 1924 Amended s. 13
(b) any other person
who has parental
responsibility for
the child;
person in a position of
authority, in relation to a
child, includes the
following persons:
(a) a person who is a
teacher, if the
child is a pupil of
the teacher or a
pupil at the
educational
institution at
which the teacher
works;
(b) a parent of the
child or a person
who is in a
significant
relationship,
within the
meaning of the
Relationships Act
2003, with a
parent of the child;
(c) a person who
provides religious,
sporting, musical
or other
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instruction to the
child;
(d) a person who is a
religious official
or spiritual leader
(however
described and
including lay
members and
whether paid or
unpaid) in a
religious or
spiritual group
attended by the
child;
(e) a health
professional or
social worker
providing
professional
services to the
child;
(f) a person who is
responsible for the
care of the child if
that child has a
cognitive
impairment;
(g) a person employed
or providing
services in a
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prison, within the
meaning of the
Correctional
Services Act 1997,
or a detention
centre, within the
meaning of the
Youth Justice Act
1997, or a person
engaged in the
administration of
those Acts, acting
in the course of
the person's duties
in relation to the
child;
(h) a person employed
or providing
services in a child
care service,
within the
meaning of the
Children and
Young Persons
and Their
Families Act 1997,
or a person
engaged in the
administration of
that Act, acting in
the course of the
person's duties in
relation to the
child;
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s. 13 Part 6 - Criminal Code Act 1924 Amended
(i) a person who
provides child
care to, or a child
care service in
respect of, the
child for fee or
reward;
(j) an employer of the
child or other
person who has
the authority to
determine
significant aspects
of the child's
terms and
conditions of
employment or to
terminate the
child's
employment
(whether the child
is being paid in
respect of that
employment or is
working in a
voluntary
capacity).
(2) Any person who is 18 years of
age or older is guilty of a crime if
that person is in a position of
authority in relation to a child and
that person has sexual intercourse
with that child.
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Part 6 - Criminal Code Act 1924 Amended s. 13
Charge: Penetrative sexual abuse
of a child [or young
person] by a person in a
position of authority.
(3) Consent to sexual intercourse is
not a defence to a charge under
this section.
(4) This section does not apply to
sexual intercourse between
persons who are married to each
other.
(b) by inserting the following section after
section 125D:
125E. Failure by a person in authority to
protect a child from a sexual offence
(1) In this section -
child means a person who is
under the age of 18 years;
organisation means a body of
persons, whether
incorporated or
unincorporated;
person associated, in relation
to a relevant organisation,
includes but is not limited
to a person who is an
officer, employee,
manager, owner,
volunteer, contractor, or
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agent, of the organisation
but does not include a
person solely because the
person receives services
from the organisation;
relevant child means a child
(whether identifiable or
not) who is, or may come,
under the care,
supervision or authority
of a relevant organisation;
relevant organisation means -
(a) an organisation
that exercises care,
supervision or
authority over
children, whether
as its primary
function or
otherwise, and
includes but is not
limited to -
(i) a religious
organisation;
and
(ii) a school, within
the meaning of
the Education
Act 2016; and
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Part 6 - Criminal Code Act 1924 Amended s. 13
(iii) an education
and care service
within the
meaning of the
Education and
Care Services
National Law
(Tasmania);
and
(iv) a child care
service licensed
under the Child
Care Act 2001;
and
(v) a hospital; and
(vi) a council; and
(vii) a State Service
Agency; and
(viii) a sporting
group; and
(ix) a youth
organisation;
and
(x) a charity or
benevolent
organisation;
and
(xi) an organisation
providing out-
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of-home care
and
accommodation
services; and
(xii) a community
service
organisation;
and
(b) an organisation
that, in accordance
with an agreement
or arrangement
with an
organisation
referred to in
paragraph (a), is
required or
permitted to
engage in
activities
associated with
the care,
supervision or
authority over
children exercised
by the
organisation
referred to in
paragraph (a);
religious confession has the
same meaning as in
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Part 6 - Criminal Code Act 1924 Amended s. 13
section 127 of the
Evidence Act 2001;
sexual offence means -
(a) an offence against
section 8(2) or 9
of the Sex Industry
Offences Act
2005; or
(b) an offence against
section 73 of the
Classification
(Publications,
Films and
Computer Games)
Enforcement Act
1995; or
(c) a crime under
section 124, 124A,
125, 125A, 125B,
125C, 125D, 126,
127, 129, 130,
133, 178A or 185;
or
(d) a crime under
section 298, 299
or 300 in relation
to a crime
specified in a
section referred to
in paragraph (c).
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(2) A person (the accused person) is
guilty of a crime if -
(a) the accused person
occupies a position
within, or in relation to, a
relevant organisation; and
(b) the accused person has a
reasonable belief that
there is a substantial risk
that a relevant child may
become the victim of a
sexual offence committed
by another person (the
perpetrator) who is -
(i) 18 years of age or
more; and
(ii) a person
associated with
the relevant
organisation; and
(c) the accused person, by
reason of the person's
position, has the power or
responsibility to reduce or
remove that risk; and
(d) the accused person fails to
take all reasonable steps
in the circumstances to
reduce or remove that
risk.
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Part 6 - Criminal Code Act 1924 Amended s. 13
Charge: Failing to protect a child.
(3) For the avoidance of doubt, in a
prosecution for an offence against
subsection (2), it is not necessary
to prove that a sexual offence has
been committed.
(4) It is immaterial that some or all of
the circumstances constituting an
offence against subsection (2)
occurred outside Tasmania, so
long as the relevant child was in
Tasmania at any time while the
substantial risk referred to in
subsection (2)(b) existed.
(5) It is immaterial that both the
accused person and the relevant
child were outside Tasmania at
the time at which some or all of
the circumstances constituting an
offence against subsection (2)
occurred, so long as the sexual
offence was at risk of occurring
in Tasmania.
(6) Despite section 127 of the
Evidence Act 2001, a member of
the clergy of any church or
religious denomination is not
entitled to refuse to comply with
subsection (2) on the grounds that
that he or she gained the
knowledge as a consequence of
information communicated to that
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member of the clergy during a
religious confession.
(c) by inserting "124A," after "124," in
paragraph (a) of the definition of sexual
offence in section 326A(1);
(d) by inserting the following paragraph after
paragraph (a) in section 335:
(ab) penetrative sexual abuse of a
child [or young person] by a
person in a position of authority;
(e) by inserting the following paragraph after
paragraph (a) in section 336:
(ab) penetrative sexual abuse of a
child [or young person] by a
person in a position of authority;
(f) by inserting the following section after
section 336A:
336B. Child sexual abuse by a person in a
position of authority
Upon the indictment for
penetrative sexual abuse of a
child [or young person] by a
person in a position of authority,
the accused person may be
convicted of -
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(a) penetrative sexual abuse
of a child [or young
person]; or
(b) persistent sexual abuse of
a child [or young person];
or
(c) incest; or
(d) indecent assault; or
(e) assault.
(g) by inserting the following paragraph after
paragraph (a) in section 337:
(ab) penetrative sexual abuse of a
child [or young person] by a
person in a position of authority;
(h) by inserting the following paragraph after
paragraph (c) in section 337B(1):
(ca) penetrative sexual abuse of a
child [or young person] by a
person in a position of authority;
(i) by inserting in Appendix D after
Section 124 Penetrative sexual abuse of a child [or
young person]
the following item:
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Act No. of 2022
s. 13 Part 6 - Criminal Code Act 1924 Amended
Section 124A Penetrative sexual abuse of a child [or
young person] by a person in a position
of authority
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Act No. of 2022
Part 7 - Criminal Law (Detention and Interrogation) Act 1995 Amended s. 14
PART 7 - CRIMINAL LAW (DETENTION AND
INTERROGATION) ACT 1995 AMENDED
14. Principal Act
In this Part, the Criminal Law (Detention and
Interrogation) Act 1995* is referred to as the
Principal Act.
15. Section 4 amended (Detention of person in custody)
Section 4(4) of the Principal Act is amended by
inserting after paragraph (h) the following
paragraph:
(ha) any time during which the questioning or
investigation of the person is suspended
or delayed to facilitate the use of a
witness intermediary, within the meaning
of the Evidence (Children and Special
Witnesses) Act 2001, in respect of the
person or in respect of a witness in a
proceeding;
_______________________________________________________________
*No. 72 of 1995
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Act No. of 2022
s. 16 Part 8 - Dangerous Criminals and High Risk Offenders Act 2021 Amended
PART 8 - DANGEROUS CRIMINALS AND HIGH RISK
OFFENDERS ACT 2021 AMENDED
16. Principal Act
In this Part, the Dangerous Criminals and High
Risk Offenders Act 2021* is referred to as the
Principal Act.
17. Schedule 1 amended (Serious Offences)
Schedule 1 to the Principal Act is amended by
inserting after Section 124 in item 1 the
following item:
Section 124A Penetrative sexual abuse of a
child [or young person] by a
person in a position of authority
_______________________________________________________________
*No. 2 of 2021
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Act No. of 2022
Part 9 - Evidence Act 2001 Amended s. 18
PART 9 - EVIDENCE ACT 2001 AMENDED
18. Principal Act
In this Part, the Evidence Act 2001* is referred to
as the Principal Act.
19. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting "124A," after "124, " in paragraph (a)
of the definition of sexual offence.
20. Section 19 amended (Compellability of spouses and
others in certain proceedings)
Section 19(b) of the Principal Act is amended by
inserting "124A," after "section 124,".
21. Section 94 amended (Application of Part)
Section 94 of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(4) To avoid doubt, any principle or rule of
the common law or equity that prevents
or restricts the admissibility of evidence
about propensity or similar fact evidence
in a proceeding is not relevant when
applying this Part to tendency evidence
_______________________________________________________________
*No. 76 of 2001
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or coincidence evidence about a
defendant.
(5) In determining the probative value of
tendency evidence or coincidence
evidence for the purposes of section
97(1)(b), 97A(4), 98(1)(b) or 101(2), it is
not open to the court to have regard to
the possibility that the evidence may be
the result of collusion, concoction or
contamination.
22. Section 97A inserted
After section 97 of the Principal Act, the
following section is inserted in Part 6:
97A. Admissibility of tendency evidence in
proceedings involving child sexual offences
(1) This section applies in a criminal
proceeding in which the commission by
the defendant of an act that constitutes,
or may constitute, a child sexual offence
is a fact in issue.
(2) It is presumed that the following
tendency evidence about the defendant
will have significant probative value for
the purposes of sections 97(1)(b) and
101(2):
(a) tendency evidence about the
sexual interest that the defendant
has or had in children (even if the
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defendant has not acted on the
interest);
(b) tendency evidence about the
defendant acting on a sexual
interest that the defendant has or
had in children.
(3) Subsection (2) applies whether or not the
sexual interest or act to which the
tendency evidence relates was directed at
a complainant in the proceeding, or any
other child or children generally.
(4) Despite subsection (2), the court may
determine that the tendency evidence
does not have significant probative value
if it is satisfied that there are sufficient
grounds to do so.
(5) The following matters (whether
considered individually or in
combination) are not to be taken into
account when determining whether there
are sufficient grounds for the purposes of
subsection (4) unless the court considers
there are exceptional circumstances in
relation to those matters (whether
considered individually or in
combination) to warrant taking them into
account:
(a) the sexual interest or act to which
the tendency evidence relates (the
tendency sexual interest or act)
is different from the sexual
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interest or act alleged in the
proceeding (the alleged sexual
interest or act);
(b) the circumstances in which the
tendency sexual interest or act
occurred are different from
circumstances in which the
alleged sexual interest or act
occurred;
(c) the personal characteristics of the
subject of the tendency sexual
interest or act (for example, the
subject's age, sex or gender) are
different to those of the subject of
the alleged sexual interest or act;
(d) the relationship between the
defendant and the subject of the
tendency sexual interest or act is
different from the relationship
between the defendant and the
subject of the alleged sexual
interest or act;
(e) the period of time between the
occurrence of the tendency sexual
interest or act and the occurrence
of the alleged sexual interest or
act;
(f) the tendency sexual interest or act
and alleged sexual interest or act
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do not share distinctive or
unusual features;
(g) the level of generality of the
tendency to which the tendency
evidence relates.
(6) In this section -
child means a person under 18 years of
age;
child sexual offence means each of
the following offences (however
described and regardless of when
it occurred):
(a) an offence against, or
arising under, a law of
this State involving sexual
intercourse with, or any
other sexual offence
against, a person who was
a child at the time of the
offence;
(b) an offence against, or
arising under, a law of
this State involving an
unlawful sexual act with,
or directed towards, a
person who was a child at
the time of the offence;
(c) an offence against, or
arising under, a law of the
Commonwealth, another
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State, a Territory or a
foreign country that, if
committed in this State,
would have been an
offence of a kind referred
to in paragraph (a) or
(b) -
but does not include conduct of a
person that has ceased to be an
offence since the time when the
person engaged in the conduct.
23. Section 98 amended (Coincidence rule)
Section 98 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) To avoid doubt, subsection (1) includes
the use of evidence from 2 or more
witnesses claiming they are victims of
offences committed by a person who is a
defendant in a criminal proceeding to
prove, on the basis of similarities in the
claimed acts or the circumstances in
which they occurred, that the defendant
did an act in issue in the proceeding.
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24. Section 101 amended (Further restrictions on
tendency evidence and coincidence evidence
adduced by the prosecution)
Section 101 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"substantially outweighs any prejudicial
effect it may have on" and substituting
"outweighs the danger of unfair prejudice
to";
(b) by omitting subsection (5).
25. Section 194K amended (Publication of certain
identifying particulars prohibited)
Section 194K(1)(b) of the Principal Act is
amended by inserting "124A," after "section
124,".
35
Justice Miscellaneous (Royal Commission Amendments) Act
2022
Act No. of 2022
s. 26 Part 10 - Evidence (Children and Special Witnesses) Act 2001 Amended
PART 10 - EVIDENCE (CHILDREN AND SPECIAL
WITNESSES) ACT 2001 AMENDED
26. Principal Act
In this Part, the Evidence (Children and Special
Witnesses) Act 2001* is referred to as the
Principal Act.
27. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting "124A," after "124," in
paragraph (b)(i) of the definition of
affected child;
(b) by inserting "124A," after "section 124,"
in the definition of child sexual offence;
(c) by inserting "124A," after "124," in
paragraph (b) of the definition of
prescribed proceeding;
(d) by inserting "124A," after "124," in
paragraph (a) of the definition of
specified offence.
28. Section 5A inserted
After section 5 of the Principal Act, the
following section is inserted in Part 2:
_______________________________________________________________
*No. 79 of 2001
36
Justice Miscellaneous (Royal Commission Amendments) Act 2022
Act No. of 2022
Part 10 - Evidence (Children and Special Witnesses) Act 2001 Amended s. 28
5A. Audio visual statement of certain witnesses
admissible as evidence in chief
(1) In this section -
audio visual statement means a
statement made by a witness and
recorded by any means;
investigating official has the same
meaning as in the Evidence Act
2001;
sexual offence has the same meaning
as in the Evidence Act 2001.
(2) This section applies in respect of a
witness in a criminal proceeding if the
witness is -
(a) a child, other than the defendant,
who is to give evidence in respect
of an offence; or
(b) the alleged victim of a sexual
offence; or
(c) the alleged victim of a family
violence offence; or
(d) a special witness.
(3) An audio visual statement taken by an
investigating official in respect of an
offence may be tendered or treated as all
or part of the evidence in chief of the
witness that made the statement in a
proceeding for that offence.
37
Justice Miscellaneous (Royal Commission Amendments) Act
2022
Act No. of 2022
s. 29 Part 10 - Evidence (Children and Special Witnesses) Act 2001 Amended
(4) Subsection (3) does not apply if a judge
of the court hearing the proceeding
considers that the tendering or treating of
the audio visual statement as evidence in
chief would be contrary to the interests of
justice.
(5) Nothing in this section prevents a
defendant from being given the
opportunity to cross-examine a witness in
a proceeding.
(6) This section does not affect the operation
of section 61 of the Justices Act 1959.
29. Section 6A substituted
Section 6A of the Principal Act is repealed and
the following section is substituted:
6A. Special hearing to take and record person's
evidence in full
(1) A judge who hears an application under
section 6(1)(a), or on the judge's own
motion, may make such orders in relation
to the affected person's evidence as the
judge thinks fit.
(2) A judge may, in a prescribed proceeding
or a specified proceeding, make an order
for the holding of a special hearing to
take and record a witness's evidence in
full if -
38
Justice Miscellaneous (Royal Commission Amendments) Act 2022
Act No. of 2022
Part 10 - Evidence (Children and Special Witnesses) Act 2001 Amended s. 30
(a) the judge is satisfied that it is in
the interests of justice to hold a
special hearing; and
(b) both parties consent to the special
hearing.
30. Section 7H amended (Functions of witness
intermediary)
Section 7H of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsections:
(3) Subject to subsection (4), a person must
take an oath, or make an affirmation, in
accordance with Schedule 1 before acting
as a witness intermediary in a
proceeding.
(4) A witness intermediary is not required to
take an oath, or make an affirmation,
before -
(a) preparing and providing an
assessment report about a
witness's communication and
other related needs; or
(b) attending a ground rules hearing.
31. Section 7I amended (Assessment report)
Section 7I of the Principal Act is amended as
follows:
39
Justice Miscellaneous (Royal Commission Amendments) Act
2022
Act No. of 2022
s. 32 Part 10 - Evidence (Children and Special Witnesses) Act 2001 Amended
(a) by omitting paragraph (b) from
subsection (3);
(b) by omitting subsection (5) and
substituting the following subsection:
(5) The judge in a specified
proceeding may make such orders
as the judge considers necessary
or appropriate regarding -
(a) the provision of materials
relevant to the preparation
of an assessment report;
and
(b) the distribution and
security of all or part of
an assessment report.
32. Section 7J amended (Use of witness intermediary)
Section 7J of the Principal Act is amended as
follows:
(a) by inserting the following subsections
after subsection (1):
(1A) A judge may, at any time, make
an order that a witness
intermediary be used in respect of
a witness in a specified
proceeding if -
(a) that witness is a witness
referred to in
40
Justice Miscellaneous (Royal Commission Amendments) Act 2022
Act No. of 2022
Part 10 - Evidence (Children and Special Witnesses) Act 2001 Amended s. 32
section 7I(1)(a), (b), (c) or
(d); and
(b) the judge is satisfied that
it is in the interests of
justice.
(1B) Without limiting the matters that
may be taken into account in
determining the interests of
justice under subsection (1A), the
judge is to take into account
whether the witness does or does
not wish the order to be made.
(b) by inserting in subsection (2) "or (1A)"
after "(1)";
(c) by inserting the following subsections
after subsection (2):
(3) For the avoidance of doubt, a
judge may make an order under
subsection (1A) in respect of a
witness regardless of whether or
not an assessment report has been
provided to the judge in respect
of that witness.
(4) An order made under this section
is not subject to review or appeal.
41
Justice Miscellaneous (Royal Commission Amendments) Act
2022
Act No. of 2022
s. 33 Part 11 - Justices Act 1959 Amended
PART 11 - JUSTICES ACT 1959 AMENDED
33. Principal Act
In this Part, the Justices Act 1959* is referred to
as the Principal Act.
34. Section 61 amended (Interpretation)
Section 61(2)(a)(i) of the Principal Act is
amended by inserting "124A," after "124,".
_______________________________________________________________
*No. 77 of 1959
42
Justice Miscellaneous (Royal Commission Amendments) Act 2022
Act No. of 2022
Part 12 - Magistrates Court (Criminal and General Division) Act 2019 s. 35
Amended
PART 12 - MAGISTRATES COURT (CRIMINAL AND
GENERAL DIVISION) ACT 2019 AMENDED
35. Principal Act
In this Part, the Magistrates Court (Criminal and
General Division) Act 2019* is referred to as the
Principal Act.
36. Section 4 amended (Interpretation)
Section 4 of the Principal Act is amended by
inserting "124A," after "124, " in paragraph (a)
of the definition of affected person.
_______________________________________________________________
*No. 43 of 2019
43
Justice Miscellaneous (Royal Commission Amendments) Act
2022
Act No. of 2022
s. 37 Part 13 - Police Offences Act 1935 Amended
PART 13 - POLICE OFFENCES ACT 1935 AMENDED
37. Principal Act
In this Part, the Police Offences Act 1935* is
referred to as the Principal Act.
38. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting "124A," after "section 124, " in
paragraph (b) of the definition of sexual offence.
39. Section 35 amended (Common assault and
aggravated assault)
Section 35 of the Principal Act is amended as
follows:
(a) by omitting from subsection (5) "A
complaint" and substituting "Subject to
subsection (5A), a complaint";
(b) by inserting the following subsections
after subsection (5):
(5A) Subsection (5) does not apply to a
complaint made for the purposes
of the Justices Act 1959 in
relation to -
(a) an offence under
subsection (3); or
_______________________________________________________________
*No. 44 of 1935
44
Justice Miscellaneous (Royal Commission Amendments) Act 2022
Act No. of 2022
Part 13 - Police Offences Act 1935 Amended s. 39
(b) an offence under
subsection (1) if, under
subsection (4), the
complaint for the same
assault was amended from
a complaint under
subsection (3) to a
complaint under
subsection (1).
(5B) The amendments to this section
effected by section 39 of the
Justice Miscellaneous (Royal
Commission Amendments) Act
2022 apply in respect of
proceedings for an offence -
(a) whether or not that
offence was committed
before or after the
commencement of that
Act; and
(b) whether or not a
limitation period
previously applying to the
offence had expired
before the commencement
of that Act.
45
Justice Miscellaneous (Royal Commission Amendments) Act
2022
Act No. of 2022
s. 40 Part 14 - Sentencing Act 1997 Amended
PART 14 - SENTENCING ACT 1997 AMENDED
40. Principal Act
In this Part, the Sentencing Act 1997* is referred
to as the Principal Act.
41. Section 4 amended (Interpretation)
Section 4 of the Principal Act is amended by
inserting "124A," after "section 124, " in the
definition of child sexual offence.
42. Section 11A amended (Matters to be taken or not
taken into account in sentencing certain sexual
offenders)
Section 11A(1) of the Principal Act is amended
as follows:
(a) by inserting the following paragraph after
paragraph (d) in the definition of
aggravating circumstance:
(da) the victim being under the age of
18 years and the offender being a
person in a position of authority
in relation to the victim
(regardless of whether the offence
is under section 124A of the
Criminal Code, or any other
section of the Criminal Code);
_______________________________________________________________
*No. 59 of 1997
46
Justice Miscellaneous (Royal Commission Amendments) Act 2022
Act No. of 2022
Part 14 - Sentencing Act 1997 Amended s. 43
(b) by inserting the following definition after
the definition of disability:
person in a position of authority has
the same meaning as in section
124A of the Criminal Code;
(c) by inserting "124A," after "section 124,"
in paragraph (a) of the definition of
sexual offence.
43. Section 27A amended (Interpretation of Part)
Section 27A of the Principal Act is amended by
inserting "124A," after "124, " in paragraph (a)
of the definition of sexual offence.
47
Justice Miscellaneous (Royal Commission Amendments) Act
2022
Act No. of 2022
s. 44 Part 15 - Victims of Crime Assistance Act 1976 Amended
PART 15 - VICTIMS OF CRIME ASSISTANCE ACT
1976 AMENDED
44. Principal Act
In this Part, the Victims of Crime Assistance Act
1976* is referred to as the Principal Act.
45. Section 7 amended (Procedure for determining
applications for awards)
Section 7 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1A)
"subsections (1B), (1C) and (1D)" after
"Subject to";
(b) by omitting from subsection (1A)
"subsections (1B) and (1C)";
(c) by inserting the following subsection
after subsection (1C):
(1D) Subsections (1A) and (1B) do not
apply in respect of an application
for an award that involves an
allegation of child sexual abuse.
(d) by inserting the following subsections
after subsection (10):
_______________________________________________________________
*No. 32 of 1976
48
Justice Miscellaneous (Royal Commission Amendments) Act 2022
Act No. of 2022
Part 15 - Victims of Crime Assistance Act 1976 Amended s. 45
(11) The provisions of this section, as
amended by section 45 of the
Justice Miscellaneous (Royal
Commission Amendments) Act
2022, apply in relation to an
application for an award -
(a) whether or not the cause
of action accrued before
the amendment day; and
(b) whether or not a period of
limitation under this
section as in force before
the amendment day, had,
before the amendment
day, expired in respect of
the relevant offence.
(12) In this section -
amendment day means the day
on which the Justice
Miscellaneous (Royal
Commission
Amendments) Act 2022
commenced.
49
Justice Miscellaneous (Royal Commission Amendments) Act
2022
Act No. of 2022
s. 46 Part 16 - Repeal of Act
PART 16 - REPEAL OF ACT
46. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.