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PARLIAMENT OF VICTORIA
Justice Legislation (Further Miscellaneous
Amendments) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF CRIMES ACT 1958 3
3. Definitions 3
4. New section 464AA inserted 3
464AA. Digital recordings 3
5. Caution before forensic procedure 3
6. Execution of order 4
7. Forensic reports 4
8. Evidence relating to forensic procedures 4
9. New section 464ZFAAA inserted 4
464ZFAAA. Forensic procedure following finding of not
guilty because of mental impairment 4
10. Warrants 9
11. Retention of information following finding of not guilty
because of mental impairment 10
12. Destruction of information following finding of not guilty
because of mental impairment 12
13. Computerised databases 12
14. Destruction of identifying information 12
15. DNA database system 12
16. Forensic sample offences 13
17. Consequential amendments--tape-recording 13
18. New section 605 inserted 18
605. Transitional provision--Justice Legislation (Further
Miscellaneous Amendments) Act 2006 18
i
551408B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Clause Page
PART 3--AMENDMENT OF OTHER ACTS 19
19. Amendment of Crimes (Sexual Offences) Act 2006 19
20. Amendment of Major Crime Legislation (Office of Police
Integrity) Act 2004 19
21. Amendment of Surveillance Devices (Amendment) Act 2004 19
22. New proposed section inserted in Surveillance Devices
(Amendment) Act 2004 21
30R. Commonwealth Ombudsman's reports on investigations 21
23. Amendment of the Working with Children Act 2005 22
ENDNOTES 24
ii
551408B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Crimes Act 1958, the Crimes (Sexual Offences) Act
2006, the Major Crime Legislation (Office of Police Integrity) Act
2004, the Surveillance Devices (Amendment) Act 2004 and the
Working with Children Act 2005 and for other purposes.
Justice Legislation (Further
Miscellaneous Amendments) Act 2006
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to the Crimes Act 1958, the Crimes
(Sexual Offences) Act 2006, the Major Crime
5
Legislation (Office of Police Integrity) Act
1
551408B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Justice Legislation (Further Miscellaneous Amendments) Act
2006
Act No.
Part 1--Preliminary
s. 2
2004, the Surveillance Devices (Amendment)
Act 2004 and the Working with Children Act
2005.
2. Commencement
This Act comes into operation on 30 June 2006.
5
__________________
2
551408B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Justice Legislation (Further Miscellaneous Amendments) Act
2006
Act No.
Part 2--Amendment of Crimes Act 1958
s. 3
See:
PART 2--AMENDMENT OF CRIMES ACT 1958
Act No.
6231.
3. Definitions Reprint No. 18
as at
In section 464(2) of the Crimes Act 1958-- 1 July 2005
and
(a) in paragraph (a) of the definition of "related amending
Act Nos
material and information", after "464ZF"
5 16/2004,
insert "or 464ZFAAA"; 18/2005,
56/2005,
66/2005,
(b) in the definition of "suspects index", after 77/2005,
"jurisdiction" insert "or taken from persons 93/2005,
97/2005,
found not guilty because of mental 2/2006, 6/2006
impairment in accordance with section
10 and 14/2006.
LawToday:
464ZFAAA"; www.dms.
dpc.vic.
(c) the definition of "tape-recording" is gov.au
repealed.
4. New section 464AA inserted
After section 464 of the Crimes Act 1958
15
insert--
"464AA. Digital recordings
If this Subdivision requires an audio
recording or an audiovisual recording to be
made and the recording is made in a digitised
20
format, the maker of the recording must
certify that the recording has not been altered
after its making and that the prescribed
requirements, if any, in relation to the
method of recording have been met.".
25
5. Caution before forensic procedure
In section 464Y(1) of the Crimes Act 1958, after
"section 464ZF" insert "or 464ZFAAA".
3
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2006
Act No.
Part 2--Amendment of Crimes Act 1958
s. 6
6. Execution of order
In section 464ZA of the Crimes Act 1958--
(a) in sub-section (1)(c), after "section 464ZF"
insert "or 464ZFAAA";
(b) in sub-section (6), for "or 464ZF" substitute
5
", 464ZF or 464ZFAAA".
7. Forensic reports
In section 464ZD of the Crimes Act 1958--
(a) for "or 464ZF(2) or (3)" substitute
", 464ZF(2) or (3) or 464ZFAAA(2)";
10
(b) after "section 464ZF" insert
"or 464ZFAAA".
8. Evidence relating to forensic procedures
In section 464ZE(1)(d) of the Crimes Act 1958,
after "section" insert "464ZF, 464ZFAAA,".
15
9. New section 464ZFAAA inserted
After section 464ZF of the Crimes Act 1958
insert--
'464ZFAAA. Forensic procedure following finding of
not guilty because of mental impairment
20
(1) In this section--
"child" means a child aged 10 years or more
but under 18 years;
"forensic sample offence" means any
offence specified in Schedule 8 other
25
than an offence tried summarily.
4
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Part 2--Amendment of Crimes Act 1958
s. 9
(2) If a court finds a person not guilty because of
mental impairment of--
(a) a forensic sample offence; or
(b) an offence of conspiracy to commit,
incitement to commit or attempting to
5
commit a forensic sample offence--
a member of the police force, at any time
following that finding but not later than
6 months after the final determination of an
appeal or the expiration of any appeal period
10
(whichever is the later), may apply to the
court for an order directing the person to
undergo a forensic procedure for the taking
of a sample from any part of the body and
the court may make an order accordingly.
15
(3) In an application under sub-section (2), the
member of the police force must specify the
type of sample (whether intimate or non-
intimate) sought to be taken in the forensic
procedure.
20
(4) Notice of an application under sub-
section (2)--
(a) must be served on the person in respect
of whom the order is sought and, if the
person is a child, on a parent or
25
guardian of the child; and
(b) must include a requirement that the
person in respect of whom the order is
sought attend the hearing of the
application in person or by his or her
30
legal practitioner.
5
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s. 9
(5) In determining whether to make an order
under sub-section (2), a court--
(a) must take into account the seriousness
of the circumstances of the forensic
sample offence of which the person has
5
been found not guilty because of mental
impairment; and
(b) must be satisfied that, in all the
circumstances, the making of the order
is justified; and
10
(c) may make such inquiries on oath or
otherwise as it considers desirable.
(6) An application made under sub-section (2)
must be heard in the presence of the person
in respect of whom the order is sought or his
15
or her legal practitioner.
(7) A person in respect of whom an application
under sub-section (2) is made--
(a) is not a party to the application; and
(b) may not call or cross-examine any
20
witnesses; and
(c) may not address the court other than in
response to inquiries made by the court
under sub-section (5)(c).
(8) In exercising the right of address under sub-
25
section (7)(c), a person may be represented
by a legal practitioner.
(9) An order under sub-section (2) in respect of
a person who is not a forensic patient or a
forensic resident within the meaning of the
30
Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997 must
include a direction that the person attend--
6
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s. 9
(a) at a place; and
(b) within a period (commencing after the
expiry of the period referred to in sub-
section (12) during which the order
must not be executed)--
5
specified in the order to undergo the forensic
procedure.
(10) If a court makes an order under sub-
section (2), it must--
(a) give reasons for its decision and cause a
10
copy of the order and reasons to be
served on the person ordered to
undergo the forensic procedure; and
(b) inform the person ordered to undergo
the forensic procedure that a member of
15
the police force may use reasonable
force to enable the procedure to be
conducted.
(11) A failure of a court to comply with sub-
section (10) does not invalidate any order
20
made by it but constitutes non-compliance
for the purposes of section 464ZE(1)(a).
(12) An order made by a court under sub-
section (2) before the appeal period in
relation to the verdict of not guilty because
25
of mental impairment has expired or an
appeal against the verdict (if any) has been
finally determined (whichever is the later),
must not be executed unless--
(a) that appeal period expires; or
30
(b) the appeal against the verdict is
dismissed--
whichever is the later.
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s. 9
(13) If leave to appeal against a verdict of not
guilty because of mental impairment in
respect of a forensic sample offence is
sought after the expiry of the appeal period
in relation to the verdict, an order made by a
5
court under sub-section (2) before leave to
appeal is sought, if not executed before that
leave is sought, must not be executed
unless--
(a) leave to appeal against the verdict is
10
refused; or
(b) leave to appeal against the verdict is
granted but the appeal is dismissed.
(14) If an order made by a court under sub-
section (2) has been executed after the expiry
15
of the appeal period in relation to the verdict
of not guilty because of mental impairment
in respect of a forensic sample offence and
leave to appeal against the verdict is granted
after the expiry of that period--
20
(a) any sample and any related material
and information taken may be retained
by a member of the police force but
may not be used for any purpose
pending the final determination of the
25
appeal against the verdict; and
(b) if, on appeal, the verdict is set aside, the
Chief Commissioner of Police must,
without delay, destroy or cause to be
destroyed any sample taken and any
30
related material and information.
(15) If on appeal a verdict of not guilty because of
mental impairment is set aside, an order
made by a court under sub-section (2) ceases
to have effect.'.
35
8
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Act No.
Part 2--Amendment of Crimes Act 1958
s. 10
10. Warrants
(1) Insert the following heading to section 464ZFA
of the Crimes Act 1958--
"Warrants issued for forensic procedures
under section 464ZF or 464ZFAAA".
5
(2) For section 464ZFA(1) of the Crimes Act 1958
substitute--
"(1) If--
(a) before a court makes an order under
section 464ZF(3) directing a person to
10
undergo a forensic procedure, that
person has been released from the
prison, police gaol, youth training
centre or approved mental health
service where he or she was serving a
15
term of imprisonment or a period of
detention at the time the application for
the order was made; or
(b) a person fails to attend the hearing of an
application under section
20
464ZFAAA(2) for an order directing
the person to undergo a forensic
procedure--
the court may issue a warrant authorising the
person to whom it is directed, if necessary--
25
(c) to break, enter and search by day or by
night any place where the person
named in the warrant is suspected to be;
and
(d) to arrest the person; and
30
(e) to bring the person before the court for
the hearing of the application; and
9
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Act No.
Part 2--Amendment of Crimes Act 1958
s. 11
(f) if that application is granted, to detain
the person for as long as reasonably
permits the conduct of the forensic
procedure.".
(3) In section 464ZFA(1A) of the Crimes Act
5
1958--
(a) after "464ZF(2)" insert "or 464ZFAAA(2)";
(b) after "464ZF(2A)" insert "or 464ZFAAA(9),
as the case may be,".
(4) In section 464ZFA(1B) of the Crimes Act 1958,
10
after "464ZF(2A)" insert "or 464ZFAAA(9)".
11. Retention of information following finding of not
guilty because of mental impairment
(1) Insert the following heading to section 464ZFB
of the Crimes Act 1958--
15
"Retention of information following finding of
guilt etc.".
(2) After section 464ZFB(1) of the Crimes Act 1958
insert--
"(1A) If--
20
(a) a forensic procedure is conducted on a
person in accordance with section
464R, 464SA, 464T(3), 464U(7) or
464V(5); and
(b) a court finds the person not guilty
25
because of mental impairment of--
(i) the offence in respect of which the
forensic procedure was conducted;
or
(ii) any other offence arising out of
30
the same circumstances; or
10
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Act No.
Part 2--Amendment of Crimes Act 1958
s. 11
(iii) any other offence in respect of
which evidence obtained as a
result of the forensic procedure
had probative value--
a member of the police force, at any
5
time after the verdict of not guilty
because of mental impairment, but not
later than 6 months after the final
determination of an appeal against the
verdict or the expiry of any appeal
10
period in respect of the verdict
(whichever is the later), may apply to
the court referred to in paragraph (b)
for an order permitting the retention of
any sample taken and any related
15
material and information and the court
may make an order accordingly.
(1B) Sub-section (1A) does not apply to an
offence tried summarily.".
(3) In section 464ZFB(2) of the Crimes Act 1958--
20
(a) after "sub-section (1)" (where first occurring)
insert "or (1A)";
(b) after "sub-section (1)" (where secondly
occurring) insert "or (1A), as the case
requires".
25
(4) After section 464ZFB(2A) of the Crimes Act
1958 insert--
"(2B) An order made under sub-section (1A)
before the expiry of the appeal period in
respect of the verdict of not guilty because of
30
mental impairment or the final determination
of an appeal against the verdict (whichever is
later)--
11
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s. 12
(a) takes effect on that expiry or final
determination; and
(b) has no effect if, on appeal, the verdict
of not guilty because of mental
impairment is set aside.".
5
(5) In section 464ZFB(3) of the Crimes Act 1958,
after "sub-section (1)" insert "or (1A)".
12. Destruction of information following finding of not
guilty because of mental impairment
(1) Insert the following heading to section 464ZFC
10
of the Crimes Act 1958--
"Destruction of information following finding
of guilt etc.".
(2) In section 464ZFC(1)(a) of the Crimes Act 1958,
for "464ZFB within the period specified by sub-
15
section (1) of that section" substitute "464ZFB(1)
or (1A) within the period specified by that sub-
section".
13. Computerised databases
In section 464ZFD(1) of the Crimes Act 1958,
20
after "section 464ZF" insert "or 464ZFAAA".
14. Destruction of identifying information
In section 464ZG(3)(b) of the Crimes Act 1958,
after "not found guilty" insert "(except because of
mental impairment)".
25
15. DNA database system
In section 464ZGG(1) of the Crimes Act 1958, in
the definition of "excluded forensic material",
after paragraph (c) insert--
"(ca) taken from a person under section
30
464ZFAAA following a finding of not guilty
because of mental impairment; or".
12
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Act No.
Part 2--Amendment of Crimes Act 1958
s. 16
16. Forensic sample offences
In Schedule 8 to the Crimes Act 1958, for
"Section 464ZF" substitute "Sections 464ZF,
464ZFAAA".
17. Consequential amendments--tape-recording
5
(1) In section 464(2) of the Crimes Act 1958, in the
definition of "related material and information",
for "video-recording" (wherever occurring)
substitute "audiovisual recording".
(2) In section 464B(5H) of the Crimes Act 1958, for
10
"The following must be video-recorded"
substitute "An audiovisual recording must be
made of the following".
(3) Insert the following heading to section 464G of
the Crimes Act 1958--
15
"Recording of information required to be given
to person in custody".
(4) In section 464G(1) of the Crimes Act 1958, for
"tape-record" substitute "record (by audio
recording or audiovisual recording)".
20
(5) Insert the following heading to section 464H of
the Crimes Act 1958--
"Recording of confessions and admissions".
(6) In section 464H(1) of the Crimes Act 1958--
(a) in paragraphs (c), (d) and (e), for "tape-
25
recorded" (wherever occurring) substitute
"recorded by audio recording or audiovisual
recording";
(b) in paragraph (f), for "video-recorded"
substitute "recorded by audiovisual
30
recording";
13
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Act No.
Part 2--Amendment of Crimes Act 1958
s. 17
(c) for "tape-recording or video-recording"
substitute "recording (whether audio
recording or audiovisual recording)".
(7) In section 464H(3) of the Crimes Act 1958--
(a) in paragraph (a), for "tape-recording or
5
video-recording" substitute "recording
(whether audio recording or audiovisual
recording)";
(b) in paragraph (b), for "tape-recording or
video-recording" substitute "recording".
10
(8) In section 464H(4) of the Crimes Act 1958, for
"a tape-recording or video-recording" substitute
"an audio recording or audiovisual recording".
(9) For section 464K(3)(a) of the Crimes Act 1958
substitute--
15
"(a) record (whether by audio recording or
audiovisual recording); or".
(10) In section 464K(4) of the Crimes Act 1958, for
"tape-recorded" substitute "recorded by audio
recording or audiovisual recording".
20
(11) In section 464K(5) of the Crimes Act 1958--
(a) for "tape-recorded" substitute "recorded by
audio recording or audiovisual recording";
(b) in paragraph (a), for "tape-recording"
substitute "recording (whether audio
25
recording or audiovisual recording)";
(c) in paragraph (b), for "tape-recording"
substitute "recording".
(12) In section 464K(8)(b) of the Crimes Act 1958, for
"video-recorded, if practicable, or audio-recorded"
30
substitute "recorded by audiovisual recording, if
practicable, or by audio recording".
14
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Part 2--Amendment of Crimes Act 1958
s. 17
(13) For section 464L(5)(a) of the Crimes Act 1958
substitute--
"(a) record by audio recording or audiovisual
recording; or".
(14) In section 464L(6) of the Crimes Act 1958, for
5
"tape-recorded" substitute "recorded by audio
recording or audiovisual recording".
(15) In section 464L(7) of the Crimes Act 1958--
(a) for "tape-recorded" substitute "recorded by
audio recording or audiovisual recording";
10
(b) in paragraph (a), for "tape-recording"
substitute "recording (whether audio
recording or audiovisual recording)";
(c) in paragraph (b), for "tape-recording"
substitute "recording".
15
(16) In section 464M(9)(c) of the Crimes Act 1958,
for "video-recorded, if practicable, or audio-
recorded" substitute "recorded by audiovisual
recording, if practicable, or otherwise by audio
recording".
20
(17) In section 464M(10)(b) of the Crimes Act 1958,
for "video-recorded" substitute "made the
audiovisual recording of".
(18) In section 464S(2) of the Crimes Act 1958--
(a) in paragraph (a), for "tape-recording"
25
substitute "audio recording or audiovisual
recording";
(b) in paragraph (b)(i)--
(i) for "tape-recording" (where first
occurring) substitute "audio recording
30
or audiovisual recording";
15
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Act No.
Part 2--Amendment of Crimes Act 1958
s. 17
(ii) for "tape-recording" (where secondly
and thirdly occurring) substitute
"recording".
(19) In section 464SB(5) of the Crimes Act 1958--
(a) in paragraph (a), for "tape-recording"
5
substitute "audio recording or audiovisual
recording";
(b) in paragraph (b), for "tape-recording"
substitute "recording".
(20) In section 464W(9) of the Crimes Act 1958--
10
(a) in paragraph (a), for "tape-recording"
substitute "audio recording or audiovisual
recording";
(b) in paragraph (b)(i)--
(i) for "tape-recorded" substitute
15
"recorded by audio recording or
audiovisual recording";
(ii) for "tape-recording" (where twice
occurring) substitute "recording".
(21) In section 464Y(2) of the Crimes Act 1958--
20
(a) in paragraph (a), for "tape-recording"
substitute "audio recording or audiovisual
recording";
(b) in paragraph (b)(i)--
(i) for "tape-recorded" substitute
25
"recorded by audio recording or
audiovisual recording";
(ii) for "tape-recording" (wherever
occurring) substitute "recording".
(22) In section 464Z(3AB) of the Crimes Act 1958,
30
for "tape-recording" substitute "audio recording
or audiovisual recording".
16
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s. 17
(23) In section 464(3A)(b) of the Crimes Act 1958, for
"tape-recording" substitute "audio recording or
audiovisual recording".
(24) In section 464(3B)(a) of the Crimes Act 1958--
(a) for "tape-recorded" substitute "recorded by
5
audio recording or audiovisual recording";
(b) for "tape-recording" (wherever occurring)
substitute "recording".
(25) In section 464ZA(4)(a) of the Crimes Act 1958,
for "video-recorded" substitute "recorded by
10
audiovisual recording".
(26) In section 464ZA(5) of the Crimes Act 1958, for
"video-recorded" substitute "recorded by
audiovisual recording".
(27) In section 464ZA(6)(a) of the Crimes Act 1958--
15
(a) for "video-recorded" (where first occurring)
substitute "recorded by audiovisual
recording";
(b) for "video-recorded" (where secondly
occurring) substitute "recorded".
20
(28) In section 464ZA(7) of the Crimes Act 1958--
(a) for "video-recorded" substitute "recorded by
audiovisual recording";
(b) for "video-recording" substitute
"audiovisual recording".
25
(29) In section 464ZE(4) of the Crimes Act 1958, for
"video-recorded" substitute "recorded by
audiovisual recording".
(30) In section 464ZGB(4) of the Crimes Act 1958--
(a) for paragraph (a)(ii) substitute--
30
"(ii) by audiovisual recording, if practicable,
or otherwise by audio recording; and";
17
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s. 18
(b) in paragraph (b)(i), for "video or audio tape-
recording" substitute "audiovisual recording
or audio recording".
(31) In section 464ZGD of the Crimes Act 1958--
(a) in sub-section (1)(b), for "video-recorded"
5
substitute "recorded by audiovisual
recording";
(b) in sub-section (2)--
(i) for "video-recorded" substitute
"recorded by audiovisual recording";
10
(ii) for "video-recording" substitute
"audiovisual recording".
18. New section 605 inserted
After section 604 of the Crimes Act 1958
insert--
15
"605. Transitional provision--Justice
Legislation (Further Miscellaneous
Amendments) Act 2006
(1) The amendments made to this Act by
sections 3(b), 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
20
15 and 16 of the Justice Legislation
(Further Miscellaneous Amendments) Act
2006 only apply with respect to findings of
not guilty because of mental impairment on
or after the commencement of that Act.
25
(2) The amendments made to this Act by
sections 3(c) and 17 of the Justice
Legislation (Further Miscellaneous
Amendments) Act 2006 only apply to
recordings made on or after the
30
commencement of that Act.".
__________________
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Justice Legislation (Further Miscellaneous Amendments) Act
2006
Act No.
Part 3--Amendment of Other Acts
s. 19
PART 3--AMENDMENT OF OTHER ACTS
See:
19. Amendment of Crimes (Sexual Offences) Act 2006 Act No.
2/2006.
For section 45(3)(b) of the Crimes (Sexual Statute Book:
Offences) Act 2006 substitute-- www.dms.
dpc.vic.
'(b) after item 1 insert--
5 gov.au
"1A. An offence against section 38A of the Crimes
Act 1958 (compelling sexual penetration).".'.
See:
20. Amendment of Major Crime Legislation (Office of Act No.
Police Integrity) Act 2004 63/2004
and
Sections 13(1)(b) and 15 of the Major Crime
10 amending
Act Nos
Legislation (Office of Police Integrity) Act 2004 79/2004 and
are repealed. 87/2005.
Statute Book:
www.dms.
dpc.vic.
gov.au
See:
21. Amendment of Surveillance Devices (Amendment) Act No.
Act 2004 26/2004
and
(1) In section 5(1)(a) of the Surveillance Devices
15 amending
Act Nos
(Amendment) Act 2004, after the proposed 63/2004 and
definition of "business day" insert-- 87/2005.
Statute Book:
' "Commonwealth Ombudsman" means the www.dms.
dpc.vic.
person holding office as the Commonwealth gov.au
Ombudsman under the Ombudsman Act
20
1976 of the Commonwealth;'.
(2) In section 13 of the Surveillance Devices
(Amendment) Act 2004--
(a) for proposed section 30F(1)(g) of the
Surveillance Devices Act 1999 substitute--
25
"(g) an inspection by the Special
Investigations Monitor under
section 30P;
19
551408B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Justice Legislation (Further Miscellaneous Amendments) Act
2006
Act No.
Part 3--Amendment of Other Acts
s. 21
(ga) an inspection by the Commonwealth
Ombudsman under a provision of a
corresponding law that corresponds to
section 30P;";
(b) for the heading to proposed section 30P of
5
the Surveillance Devices Act 1999
substitute--
"Inspection of records by Special
Investigations Monitor";
(c) in proposed section 30P(1) of the
10
Surveillance Devices Act 1999, for
"The relevant Ombudsman in relation to a
law enforcement agency must, from time to
time, inspect the records of the agency"
substitute "The Special Investigations
15
Monitor must, from time to time, inspect the
records of a law enforcement agency";
(d) in proposed section 30P(2) and (3) of the
Surveillance Devices Act 1999, for
"relevant Ombudsman" (wherever occurring)
20
substitute "Special Investigations Monitor";
(e) at the foot of proposed section 30P of the
Surveillance Devices Act 1999 insert--
"Note: See section 55 of the Surveillance Devices Act
25 2004 of the Commonwealth for inspection of
records of the Australian Crime Commission.";
(f) for the heading to proposed section 30Q of
the Surveillance Devices Act 1999
substitute--
"Reports on investigations by Special
30
Investigations Monitor";
20
551408B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Justice Legislation (Further Miscellaneous Amendments) Act
2006
Act No.
Part 3--Amendment of Other Acts
s. 22
(g) in proposed section 30Q of the Surveillance
Devices Act 1999--
(i) for "A relevant Ombudsman"
(wherever occurring) substitute
"The Special Investigations Monitor";
5
and
(ii) for "Attorney-General" substitute
"Minister";
(h) at the foot of proposed section 30Q of the
Surveillance Devices Act 1999 insert--
10
"Note: See section 61 of the Surveillance Devices Act
2004 of the Commonwealth for reports on
inspections of records of the Australian Crime
Commission.".
22. New proposed section inserted in Surveillance
15
Devices (Amendment) Act 2004
In section 13 of the Surveillance Devices
(Amendment) Act 2004, after proposed
section 30Q of the Surveillance Devices Act
1999 insert--
20
"30R. Commonwealth Ombudsman's reports on
investigations
(1) The Minister must cause a copy of a report
by the Commonwealth Ombudsman that is
sent to the Minister under section 61(3) of
25
the Surveillance Devices Act 2004 of the
Commonwealth to be laid before each House
of the Parliament within 14 sitting days of
that House after it is received by the
Minister.
30
21
551408B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Justice Legislation (Further Miscellaneous Amendments) Act
2006
Act No.
Part 3--Amendment of Other Acts
s. 23
(2) If a report referred to in sub-section (1) is
sent to the Minister before the
commencement of the Justice Legislation
(Further Miscellaneous Amendments) Act
2006, the Minister must cause a copy of the
5
report to be laid before each House of the
Parliament within 14 sitting days of that
House after the commencement of that Act.".
See: 23. Amendment of the Working with Children Act 2005
Act No.
57/2005
(1) In section 10(2)(a) of the Working with Children
10 and
Act 2005, for "prescribed form" substitute "form
amending
Act Nos
approved by the Secretary".
93/2005
2/2006 and
(2) After section 10(2) of the Working with
14/2006.
Children Act 2005 insert--
LawToday:
www.dms.
"(2A) The approved form must provide for the
dpc.vic.
15
gov.au
following particulars--
(a) the full name of the applicant and any
other names by which the applicant is
or has been known; and
(b) the date and place of birth of the
20
applicant; and
(c) the gender of the applicant; and
(d) the residential address and telephone
number of the applicant; and
(e) the type of child-related work in which
25
the applicant is engaged or intends to
engage and whether it is for profit or
gain; and
(f) the name, address and telephone
number of each person with whom the
30
applicant is engaged in child-related
work; and
22
551408B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Justice Legislation (Further Miscellaneous Amendments) Act
2006
Act No.
Part 3--Amendment of Other Acts
s. 23
(g) any other information in relation to the
applicant that the Secretary reasonably
believes is appropriate.".
(3) In section 10(3) of the Working with Children
Act 2005, for "prescribed" (where first occurring)
5
substitute "approved".
23
551408B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Justice Legislation (Further Miscellaneous Amendments) Act
2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
24
551408B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
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