STATUTES AMENDMENT (VICTIMS OF CRIME) BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 6, page 4, lines 19 to 23 [clause 6(6), inserted subsection (5), definitions of prescribed summary offence and total incapacity]—

Delete the definitions of prescribed summary offence and total incapacity and substitute:

prescribed summary offence means a summary offence that has caused the death of, or serious harm to, a person;

serious harm means—

(a) harm that endangers, or is likely to endanger, a person's life; or

(b) harm that consists of, or is likely to result in, loss of, or serious and protracted impairment of, a part of the body or a physical or mental function; or

(c) harm that consists of, or is likely to result in, serious disfigurement.

No. 2. New clause, page 5, after line 17—

After clause 7 insert:

7A—Amendment of section 13—Order for payment of pecuniary sum not to be made in certain circumstances

Section 13(1)—after 'pecuniary sum' insert:

(other than a VIC levy)

No. 3. New clause, page 5, after line 41—

After clause 8 insert:

8A—Insertion of section 44A

Before section 45 insert:

44A—Assistance to victims etc

(1) If—

(a) a court intends to—

(i) impose a sentence of community service on a person in respect of an offence; or

(ii) include a condition requiring the performance of community service in a bond imposed on a person in respect of an offence; and

(b) the court is advised by a victim of the offence, or by the prosecution on behalf of a victim of the offence, that the victim would like the defendant to be required to perform community service in accordance with this section,

the court may order that the community service, or a specified number of hours of the community service, consist of projects or tasks—

(c) for the benefit of the victim; or

(d) of a kind requested by the victim.

(2) If a court refuses to make an order under this section, the court must state the reasons for that refusal.

(3) If a court makes an order under this section in relation to a person, the community corrections officer to whom the person is assigned must consult with the victim before issuing any directions requiring the person to perform projects or tasks.

(4) This section does not apply in relation to the performance of community service by a youth.

Note—

See section 51(1) of the Young Offenders Act 1993 which provides that work selected for the performance of community service under that Act must be for the benefit of specified persons and bodies, including the victim of the offence.

No. 4. New clauses, page 6, after line 39—

After clause 9 insert:

9A—Amendment of section 64—Arrangements may be made as to manner and time of payment

Section 64(1)—after 'pecuniary sum' insert:

(other than a VIC levy)

9B—Amendment of section 70I—Court may remit or reduce pecuniary sum or make substitute orders

Section 70I(3)—after paragraph (a) insert:

(ab) defer payment of the pecuniary sum in whole or part until such time as the Court thinks fit, being a period not more than 2 years after the date on which the Court reconsiders the matter under this section; or

9C—Repeal of Part 9, Division 3, Subdivision 5

Part 9, Division 3, Subdivision 5—delete Subdivision 5

9D—Amendment of section 70L—Community service orders

Section 70L—after 'pecuniary sum' insert:

(other than any part of the pecuniary sum that is comprised of a VIC levy)

No. 5. New clause, page 6, after line 39—

After clause 9 insert:

9A—Report to Legislative Review Committee in relation to section 7A of Criminal Law (Sentencing) Act 1988

(1) The Minister must, at the end of 2 years from the commencement of section 6, appoint a person to conduct an inquiry into—

(a) the operation of section 7A of the Criminal Law (Sentencing) Act 1988 as amended by section 6; and

(b) the likely impacts (including the costs) of extending the definition of prescribed summary offence in that section to include a broader range of summary offences.

(2) A report on the inquiry must be provided to the Minister and the Minister must cause a copy of the report to be laid before each House of Parliament as soon as practicable after receipt of the report.

No. 6. Clause 13, page 8, lines 17 to 20—

Delete clause 13 and substitute:

13—Amendment of Schedule 2—Exempt agencies

Schedule 2—after paragraph (k) insert:

(ka) the Commissioner for Victims' Rights, in respect of functions involving the provision of assistance to particular victims (but not functions involving the provision of assistance to victims generally or any other functions);

No. 7. New clause, page 9, after line 6—

After clause 15 insert:

15A—Amendment of section 32—Imposition of levy

Section 32(8)—delete subsection (8)

At 17:58 the house adjourned until Thursday 30 April 2009 at 10:30.