Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT ACT 2012 (NO. 23 OF 2012) - SECT 7

See:
Act No.
51/1989.
Reprint No. 16
as at
1 January 2012
and amending
Act Nos
51/2006, 52/2008, 12/2010 and 65/2011.
LawToday:
www.
legislation.
vic.gov.au

    (1)     After section 4S(3) of the Magistrates' Court Act 1989 insert —

    "(3A)     For the purposes of determining whether an accused meets the eligibility criteria specified in section 4T, the Court, so far as is practicable, must have regard to any assessment undertaken by a person with appropriate clinical qualifications and experience in relation to the particular impairment or principal impairment that the accused may have.".

    (2)     After section 4S(6) of the Magistrates' Court Act 1989 insert —

    "(6A)     Without limiting subsection (6), the Chief Magistrate, in exercising the powers under that subsection and having regard to the needs or requirements of persons with different types of impairments, may provide for—

        (a)     separate hearing lists within the List; and

        (b)     other arrangements to deal with needs or requirements in relation to different types of impairment.".

    (3)     After section 4S(8) of the Magistrates' Court Act 1989 insert —

    "(9)     A report under section 15(3) must include the following information about the Assessment and Referral Court List—

        (a)     the source of referral of a proceeding to the List;

        (b)     the number of persons in each diagnostic criteria who were the subject of a criminal proceeding;

        (c)     the number of persons who were removed from the Assessment and Referral Court List and the reasons for the removal;

        (d)     the number of persons who did not complete an individual support plan;

        (e)     the outcomes of proceedings referred to the Assessment and Referral Court List, including—

              (i)     the number of accused discharged in accordance with section 4U or 4Y;

              (ii)     the number of referrals to the Assessment and Referral Court List;

              (iii)     the number of accused accepted onto the Assessment and Referral Court List;

              (iv)     the number of proceedings finalised on the Assessment and Referral Court List;

              (v)     the number of proceedings transferred out of the Assessment and Referral Court List in accordance with section 4X(2);

        (f)     a summary report of how the Assessment and Referral Court List has functioned, including an assessment, if practicable, of the extent to which the Assessment and Referral Court List reduced re-offending.".