Law stated as at 11 Dec 2020 • ExpandAustralia, Australian Capital Territory, Federal...New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria, Western Australia |
Exemptions | In force until | Relevant instruments |
Pre-recorded evidence | ||
Allows for a new regulation to make provision for the use of pre-recorded evidence in criminal trials to temporarily allow the recording by the court of evidence by a witness in a proceeding including:
| The day the Public Health (Emergency) Declaration 2020 (No 1), as extended or further extended, ends. | |
During the COVID-19 emergency an undertaking for a continuation of bail may be made in writing or given before the court and, if given before the court, must be recorded by the court. | 8 April 2021 | Section 28 (2A), Bail Act 1992 (ACT). |
Good behaviour undertakings by audio-visual links | ||
Good behaviour undertakings may be provided through audio-visual links and recorded by the court. | 8 April 2021. | |
Judge-only hearings | ||
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Alteration of time periods for court procedures | ||
During a COVID-19 emergency the following time periods may be amended:
| The end of the COVID-19 emergency. | |
Extension of orders in domestic violence cases and use of audio-visual communication | ||
| The end of the COVID-19 emergency and no later than 8 April 2021 | |
Search Warrants: Electronic Affidavits | ||
| The end of the COVID-19 emergency. | Section 194A, Crimes Act 1900 |
Pre-sentence report and intensive correction assessment | ||
| 8 April 2021 | |
Witnessing and attestation of certain documents by audiovisual link. | ||
During the COVID-19 emergency period, nowithstanding any other territory law:
| The end of the COVID-19 emergency |
Exemptions | In force until | Relevant instruments |
Detainee restrictions | ||
Allows for declaration of emergency in relation to COVID-19 which allows the director-general to take reasonable and necessary action including:
| The end of the COVID-19 emergency. | |
Breach of detainee obligations (intensive correction, good behaviour and parole) | ||
| Applies during the period of a COVID-19 emergency. | |
Extended leave permits | ||
| 8 April 2021. | |
| 6 August 2020. | |
Young detainees:
| At the end of a seven day period during which no COVID-19 emergency has been in force. | |
Managing non-compliance with community based conditions | ||
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Exemptions | In force until | Relevant instruments |
Pre-recorded evidence | ||
A court may, on its own motion, order that a witness in a district court or supreme court trial may give pre-recorded evidence where the person is a complainant in sexual offence, domestic violence, serious violence offences or any complainant or witness at a significantly greater risk from the COVID-19 pandemic including because of their age or health provided:
| 26 March 2021. | Criminal Procedure Act 1986 (NSW) |
Use of recorded evidence in subsequent proceedings | ||
Original recorded evidence of a witness in a trial may be used in a new trial (if the original trial is discontinued for any reason and a new trial is ordered or a new trial is ordered following a successful appeal). | 26 March 2021. | Criminal Procedure Act 1986 (NSW) |
Judge-only hearings | ||
A court may, on its own motion, order that an accused person be tried by a judge alone. A court may only make such an order if:
| 26 March 2021. | Criminal Procedure Act 1986 (NSW) |
Regulation-making power for criminal proceedings | ||
| 26 March 2021. | Criminal Procedure Act 1986 (NSW) |
Parole | ||
The following classes of inmates are eligible for release on parole by the Commissioner of Corrective Services during the COVID-19 pandemic:
| 26 March 2021. | Crimes (Administration of Sentences) Act 1999 (NSW) |
| 26 March 2021. | Crimes (Administration of Sentences) Act 1999 (NSW) |
Indictment proceedings excluded from audio-visual link | ||
Proceedings on indictment are excluded from proceedings where an accused person may appear by way of audio visual link. | 26 March 2021. | Evidence (Audio and Audio Visual Links) Act 1998 (NSW) |
Court security | ||
| 26 March 2021. | Court Security Act 2005 (NSW) |
Written pleas | ||
Allows an accused person to lodge a written plea of guilty or not guilty under section 182 of the Criminal Procedure Act 1986 (NSW). | 26 March 2021. | Criminal Procedure Act 1986 (NSW) |
Regulation-making power for altered arrangements for documents and information | ||
Extends the regulation-making power in section 17 of the Electronic Transactions Act 2000 (NSW) to provide for altered arrangements in relation to requirements in any Act about documents or information, including altered arrangements for the filing, lodgement, submission, giving, inspection or service of information, a notice or other document. | 26 March 2021. | Electronic Transactions Act 2000 (NSW) |
Audio visual link in court proceedings | ||
| 26 March 2021. | Evidence (Audio and Audio Visual Links) Act 1998 (NSW) |
Sheriff powers | ||
| 26 March 2021. | Sheriff Act 2005 (NSW) |
Exemptions | In force until | Relevant instruments |
Correctional premises restrictions | ||
The Commissioner of Corrective Services and the Secretary of the Department of Communities and Justice may prohibit or restrict any person or class of persons (with exceptions) from entering or visiting a correctional premise (including a correctional complex, a correctional centre, a residential facility or a transitional centre) in NSW if satisfied it is reasonably necessary to protect the health of an inmate or any other person or the public from the public health risk posed by the COVID-19 pandemic. | 26 March 2021. | Crimes (Administration of Sentences) Act 1999 (NSW) |
Parole | ||
The Commissioner of Corrective Services may grant parole, before a non-parole period, to a class of inmates as prescribed by the regulations for potential conditional release if the Commissioner is satisfied that the release is reasonably necessary because of the risk to public health or to the good order and the security of the correctional centre as a result of COVID-19. Certain classes of offenders will be automatically disqualified from consideration for early parole including:
| 26 March 2021. | Crimes (Administration of Sentences) Act 1999 (NSW) |
Children's community service orders | ||
| 26 March 2021. | Children (Community Service Orders) Act 1987 (NSW) |
Examination on detention in mental health facility | ||
Allows for the examination of a person who is detained in a mental health facility (including on the order of a magistrate or bail officer, or on apprehension by police) by a medical profession or other accredited person for the purpose of determining whether the detained person is a mentally ill person or a mentally disordered person, to be conducted by audio visual link. | 26 September 2020 unless otherwise prescribed by regulation (but no later than 26 March 2021). | Mental Health Act 2007 (NSW) |
Exemptions and amendments | In force until | Relevant instruments |
Lawyer exemption from quarantine restrictions | ||
Provides an exemption from the requirement that persons entering the NT quarantine for 14 days after arrival for Australian lawyers who are entering the NT for the purpose of appearing in court, where in person appearance is required, so long as the lawyer practices social distancing measures. | The end of the declared public health emergency. | |
Police blood testing for COVID-19 | ||
COVID-19 has been prescribed as an infectious disease for the purposes of the Police Administration Act 1978 (NT). This allows members of the police force to apply for blood testing of a person whose blood, saliva or faeces transferred to the member in the course of the person:
| Not specified. |
Exemptions/Amendments | In force until | Relevant instruments |
Regulation-making power | ||
| 31 December 2020. | sections 590 and 671, Criminal Code (Qld) section 222, Justices Act 1886 (Qld) Parts 2 and 3, Limitation of Actions Act 1974 (Qld) |
COVID-19 test orders | ||
| The earlier of the end of the declared public health emergency in Qld or 31 December 2020. |
Restrictions | In force until | Relevant instrument and penalties |
Detention centre staffing | ||
| The earlier of the end of the declared public health emergency in Qld or 31 December 2020. | |
Absence from authorised mental health services | ||
| The end of the declared public health emergency in Qld. | |
Extended appointments of parole board members | ||
| Ongoing – permanent provisions mirroring temporary amendments commence on their expiry. | |
Emergency powers extended to corrective services facilities | ||
| The earlier of the end of the declared public health emergency in Qld or 31 December 2020. | |
Attendance at parole board meetings | ||
| Ongoing – permanent provisions mirroring the temporary amendments will commence on their expiry. | |
Extension of period for prison emergencies | ||
| As above. | As above. |
Additional procedure for entry to corrective services facility | ||
| 31 December 2020. | |
Remote supervision of offenders | ||
| The earlier of the end of the declared public health emergency in Qld or 31 December 2020. |
Exemptions | In force until | Relevant instruments and penalties |
Witnessing of documents and taking oaths not exempt | ||
Section 17, COVID-19 Emergency Response Act 2020 (SA) (which allows for the use of audio visual or audio means to satisfy the requirement that a meeting occurs or some other transaction takes place that requires more than one person to be physically present). Does not apply to a requirement that a person must be physically present to witness the signing, execution, certification or stamping of a document or to take any oath, affirmation or declaration in relation to a document. | A date fixed by the Minister by notice in the Gazette, being the date when all relevant declarations in relation to COVID-19 within South Australia have ceased or six months after the commencement of the Act (whichever is earlier). | |
Detaining protected persons | ||
Detention of protected people under Schedule 1 to the COVID-19 Emergency Response Act 2020 (SA) and as specified under the COVID-19 Emergency Response (Schedule 1) Regulations 2020 including:
| A date fixed by the Minister by notice in the Gazette, being the date when all relevant declarations in relation to COVID-19 within South Australia have ceased or six months after the commencement of the Act (whichever is earlier). | Made under COVID-19 Emergency Response Act 2020 (SA). |
Assaults on prescribed workers | ||
Proposed amendments: Creates an offence relating to a person who assaults a prescribed emergency worker or retail services worker acting in the course of their duties and either:
| Proposed expiry: 12 months after it comes into force, unless otherwise proclaimed by the Governor. | Proposes a maximum penalty of ten years imprisonment for this offence. |
Electronic monitoring | ||
Proposed amendments:
| Proposes a maximum penalty of $12,000 or 12 months imprisonment for the offence. |
Exemptions | In force until | Relevant instruments |
Proceedings general amendments | ||
Allows for the Tas Attorney-General to declare that any proceedings conducted by a court, tribunal or another entity as specified may be held in the approved manner as determined from time to time by:
| The earlier of:
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Supreme Court proceedings amendments | ||
Despite existing provisions in relevant legislation, the Chief Justice will be permitted to determine an approved manner under section 20, COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas) for:
| The earlier of:
| |
Remote meetings for Supreme Court Rule Committee | ||
Meetings of the Supreme Court Rule Committee may be conducted by:
The person who ordinarily presides of the meeting must issue a written notice to each member of the Rule Committee detailing the manner in which the meeting will be conducted, including any requirements as to the number of members present or constitution of a quorum. | The earlier of: 12 months from the day on which the notice takes effect. The day on which the notice is revoked.
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Magistrates Court proceedings amendments | ||
Despite existing provisions in relevant legislation the Chief Magistrate will be permitted to determine an approved manner under section 20, COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas) for:
| The earlier of:
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Electronic service of specified documents | ||
Allows for service of documents under the following provisions by email or facsimile if the intended recipient of the document has agreed to service by supplying an email address or phone number for the purposes of receiving service:
| The earlier of:
| |
Making affidavits, declarations and other documents by audio-visual link | ||
Allows the use of audio-visual link to make an affidavit, declaration or other document required under any of the following provisions:
A physical action required for the making of a specified document may be satisfied where the action is performed over audio-visual link and the person witnessing the action:
| As above. | As above. |
Exemptions | In force until | Relevant instrument and penalties |
Regulation-making power to modify a Justice Act | ||
Regulations may be made that temporarily disapplies or modifies a Justice Act (as defined in the Act) provision the provide for or regulate any of the following matters:
| 26 April 2021. | Section 4, COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic) |
Court appearances | ||
Requirements that a person be brought before a court may be satisfied by either a legal practitioner representing the person, or another person empowered by law appearing on behalf of the person. A person may appear before a court for the purposes of any of the provisions of the Act:
| 26 April 2021. | |
Appearances not required in certain circumstances | ||
A court may decide any issue in any proceeding or determine any other proceeding (other than certain prescribed issues or proceedings) entirely on the basis of written submissions and without the appearance of parties if the court is satisfied that it is in the interests of justice to do so and whether or not the parties consent to the court doing so (does not apply to a criminal proceeding or an issue in a criminal proceeding). | 26 April 2021. (section continues to apply with respect to any issue or proceeding to be determined entirely on written submissions until it is decided or determined). | Section 79C, COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic) |
Judge-only hearings | ||
The court may order at any time, other than during trial, that one or more charges in an indictment be tried by the trial judge alone, without a jury, subject to certain conditions. | 26 April 2021. | |
Audio-visual links | ||
A senior judicial officer may make practice directions, statements or notes relating to the exercise by the court of its discretion in relation to the court's existing power to direct that a person appears to give evidence or make submissions by audio visual link. | 26 April 2021. | |
Interim extension orders extended | ||
Interim extension orders are extended from a standard length of 28 days to three months. | 26 April 2021. | |
Additional registrar powers | ||
Registrars in criminal proceedings have additional powers including power to abridge or extend the bail of a person who has been granted bail in a criminal proceeding or to adjourn a criminal proceeding. | 26 April 2021. | |
Alternative methods of service of documents, appearance and inspection of documents - Freedom of information | ||
The application of provisions of the Freedom of Information Act 1982 (Vic) have been modified to allow:
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Alternative methods of service of notices, summons and documents and attendance - Independent broad-based anti-corruption commission (IBAC) | ||
The application of provisions of the Independent Broad-based Anti-corruption Commission Act 2011 (Vic) have been modified to allow:
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Alternative methods of service of notices, appearance and inspection of documents - Local government | ||
The application of provisions of the Local Government Act 1989 (Vic) have been modified to allow:
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Audio, audio-visual - Oaths and affirmations | ||
Oaths and affirmations may be made by saying the words of the oath or affirmation aloud while appearing before the administering officer by audio or audio visual link. | ||
Alternative methods of service of summons and attendance - Ombudsman | ||
The application of provisions of the Ombudsman Act 1973 (Vic) have been modified to allow:
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Alternative methods of service of documents - Privacy and data protection | ||
The application of provisions of the Privacy and Data Protection Act 2014 (Vic) have been modified to allow:
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Alternative methods of service of documents and attendance - Victorian Inspectorate | ||
The application of provisions of the Victorian Inspectorate Act 2011 (Vic) have been modified to allow:
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Entering bail undertakings by electronic communication | ||
Allows an accused to enter into a bail undertaking electronically if:
| 26 April 2021. | |
Entering bail undertakings by audio or audio visual link | ||
If the court granting bail considers it impracticable for the accused to enter into the written undertaking in person or by electronic communication, the court may direct that the undertaking be entered into in court by audio or audio visual link by:
| As above. | As above. |
Electronic signature of undertaking by surety | ||
Allows a surety to electronically sign an undertaking if:
| As above. | As above. |
Electronic signature of affidavit of justification for bail by surety | ||
Allows a surety to make an affidavit of justification for bail if the surety:
A surety may make and sign the affidavit of justification for bail by:
| As above. | As above. |
Extension of adjournment period for committal mention hearings | ||
Extends the maximum adjournment period for committal mention hearings from 14 days to 28 days. | 26 April 2021. | |
Extension of time for commencement of sexual offence trials | ||
Increases the allowable extension of time for commencement of a trial for a sexual offence from three months to six months. | As above. | As above. |
Documents to be provided before first mention hearing | ||
Documents which must ordinarily be provided by a police officer informant to the accused at a first mention hearing must instead be served on the accused or their legal representative no less than 7 days before the date listed for the first mention hearing. | As above | As above. |
Discontinuance by audio visual link or filing notice with the registrar | ||
The DPP may discontinue a prosecution by filing written notice of the discontinuance, signed by the DPP, with a registrar of the court in which the accused was committed for trial or in which a direct indictment was filed against the accused. | As above | As above. |
Extension for guardianship hearings in VCAT | ||
The allowable period from receipt of a guardianship application under sections 28, 85, 104 and 144 of the Guardianship and Administration Act 2019 (Vic) by the Victorian Civil and Administrative Tribunal (VCAT) to the hearing of the application is extended from 30 days to 45 business days. | 26 April 2021. | |
Availability of documents | ||
For the purposes of subsections (3)(b) and (4)(c) of the Interpretation of Legislation Act 1984 (Vic), the requirement that a document be kept available for inspection during normal office hours is satisfied if the document is made available on a government website that is accessible to the general public without charge. | 26 April 2021. | |
Summoning of jurors by electronic communication | ||
A jury summons may be served by means of electronic communication if the recipient consents to receiving the summons by electronic communication. | 26 April 2021. | |
Jury attendance by audio visual link | ||
Jury members may attend court by audio or audio visual link or other specified electronic means as set out in the summons or in accordance with a direction given by the Juries Commissioner or a pool supervisor. There is no requirement that jurors be physically present together in the same room or place. | As above. | As above. |
Modified arrangements to stand aside juror or challenge peremptorily | ||
For the purpose of distinguishing a particular potential juror, a trial judge may direct the potential juror to move in a particular direction (for example, directing them to stand, sit or move towards a place in the room). The direction to move substitutes the ordinary action of a juror coming to his or her seat and taking it. Accordingly, the requirement that the Crown make a peremptory challenge or direct a juror to stand aside as they come to their seat is satisfied if done while the juror moves as directed. A potential juror who is required to stand aside is not required to return to the jury pool. | As above. | As above. |
Extension of limitation periods | ||
The period commencing 16 March 2020 and ending 31 July 2020 (inclusive) is not to be included in the calculation of the applicable limitation period for the following actions:
| 26 April 2021. | |
Alternative method of service of witness summons – Major crimes | ||
The requirement to deliver a copy of a witness summons under the Major Crime (Investigative Powers) Act 2004 to a person personally may be satisfied by putting a copy of the summons down in the presence of that person and telling that person the nature of the summons. | 26 April 2021. | |
Extension for reasons for arbitration award | ||
The period of time a party has from the making of an arbitration award to request that the court provides reasons for making the award is extended from 28 days to 60 days. | 26 April 2021. | |
Attendance at VCAT not required | ||
VCAT may conduct all or part of a proceeding entirely on the basis of documents, without the appearance of the parties or their representatives or witnesses, unless a party objects to the proceeding being conducted in this manner. | 26 April 2021. | |
Witness summons - VCAT | ||
A person who receives a summons to physically attend VCAT may instead appear before the Tribunal by audio or audio visual link. If the summons requires the production of documents, a person may produce the documents by filing them with VCAT by electronic communication or by post. | As above. | As above. |
Delayed commencement of VCAT proceedings under the Disability Act 2006 | ||
The periods from the date of application for applications under the Disability Act 2006 until VCAT must commence hearing a proceeding are extended as follows:
| As above. | |
Delayed commencement of VCAT proceedings under the Residential Tenancies Act 1997 | ||
The period from the date of application for applications under the Residential Tenancies Act 1997 until VCAT must commence hearing a proceeding is extended from within 30 business days to within 45 business days. | As above. | |
Electronic filing of charge-sheets | ||
Charge-sheets may be filed by email with a registrar. | ||
Extended time limit for filing original documents – wills and probate | ||
Temporary amendments provide an extension of time limits for filing original documents in the Supreme Court of Vic in relation to wills and probate matters. Any time extensions will be made by the Chief Justice by notice to the profession published on the Court's website. | The date specified as the cessation date by the Chief Justice by notice to the profession, unless earlier revoked. | |
Jury service exemption directions | ||
A head of jurisdiction (being the Chief Justice of the Supreme Court or the Chief Judge of the County Court) may, by direction, defer the jury or excuse from jury service, a class of people to whom a COVID-19 activity restriction applies. | 26 April 2021. | |
VCAT proceedings may be conducted without appearances | ||
VCAT proceedings may be conducted entirely on the basis of documents, without the appearance of the parties or their representatives or witnesses, unless a party objects. The Tribunal may proceed entirely on the basis of documents even if a party objects, if it is satisfied that the objection is not reasonable. | 26 April 2021. | |
Further proceedings permitted to be conducted by audio visual link | ||
Modifies the application of certain provisions of the Crimes Act 1958 to permit the presence of parties to the following proceedings by audio visual link:
| 26 April 2021. |
Exemptions | In force until | Relevant instrument and penalties |
Electronic monitoring requirements | ||
The Magistrates' court may attach electronic monitoring requirements to a community corrections order. | 26 April 2021. | |
Prison visiting restrictions | ||
The Secretary or Governor may:
| 26 April 2021. | Section 112G, COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic) |
Amendments | In force until | Relevant instruments and penalties |
Assaults on key workers | ||
Higher maximum penalties are introduced for the offences of serious assault and threats committed in the context of COVID-19. New provisions seek to reflect the seriousness of offending against public officers and certain other officers delivering frontline services including police officers, healthcare workers, bus drivers and prison officers in relation to COVID-19. | 4 April 2021, with a proposed extension to 4 October 2020. | Penalties:
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Commencement of prosecutions | ||
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Sentencing by audio link | ||
Proposed amendments to permit sentencing to occur, on application by the offender, by audio link where:
| 31 December 2020, unless otherwise postponed by proclamation. | |
Child evidence by audio link | ||
Proposed amendments provide that, where a judge believes it is not desirable for an accused to attend court due to their health or other reasons, they will be able to listen to a special hearing to take and record a child's evidence by audio link. Where this applies, the accused must be provided with a reasonable opportunity to view a copy of the visually recorded evidence before the evidence is presented to the court. | ||
Bail | ||
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Restraining orders | ||
Amendments to allow courts to make procedural rules in relation to a number of functions relating to restraining order hearings such as enabling electronic lodgement of restraining orders, how restraining orders may be prepared and served, and allowing functions that must currently be undertaken by a registrar to be carried out by the court's electronic system where required. | ||
Existing interim orders may remain in force until expiration or until a final order comes into force. | ||
Online applications may be made for restraining orders or certain persons may apply on behalf of others. | ||
Substituted service of orders is allowed in certain prescribed circumstances. | ||
Separate offences for family violence restraining orders and violence restraining orders have been introduced, increasing the monetary penalty for breaches to $10,000, and extending the limitation period for prosecution to two years. | ||
Amends the Restraining Orders Regulations 1997 to provide for alternative arrangements for effecting substituted service of a family violence restraining order without court order when a state of emergency declaration is in force. |
Exemptions | In force until | Relevant instrument and penalties |
Sentencing amendments | ||
Amendments introduced to facilitate electronic monitoring as a requirement of intensive supervision orders, conditional suspended imprisonment order or for the purpose of monitoring the location of an offender by inserting a new defined term for "approved electronic monitoring device" to capture radio frequency devices and global positioning system devices, and any other technology that may be used for the purpose of electronic monitoring or curfew requirements and providing guidelines for when electronic monitoring may be imposed. | ||
Sentencing administration amendments | ||
Amendments introduced to ensure a consistent approach to the use of electronic monitoring devices including the insertion of a new defined term for "approved electronic monitoring device" to capture radio frequency devices and global positioning system devices and various amendments to incorporate this definition into the provisions of the Sentence Administration Act 2003 (WA). | ||
A new offence is created where a person breaches an order or direction related to wearing monitoring equipment and breaches of violence restraining orders under the Restraining Orders Act 1997 (WA) will constitute a serious offence under the Sentence Administration Act 2003 (WA). |