16DTransitional provision—Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022

16D Transitional provision—Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022 (1) If an application for an order under section 94 is made before the repeal of Part 11, and is not determined before that repeal, then despite that repeal— (a) the application may be heard and determined as if Part 11 had not been repealed; and (b) for the purposes of the application, and any order made on the application, and any special hearing to which that order relates, Part 11 as in force immediately before its repeal continues to have effect. (2) If, immediately before the repeal of Part 11, there was in force an order under section 94 and judgment had not yet been delivered in the special hearing to which that order relates, then despite that repeal— (a) the order continues to have effect as if Part 11 had not been repealed; and (b) for the purposes of the order and the special hearing to which it relates, Part 11 as in force immediately before its repeal continues to have effect. (3) Subsection (2) applies in relation to an order whether or not the special hearing to which the order relates commenced before the repeal of Part 11. (4) On and after the repeal of section 96, a finding of a judge at a special hearing by judge alone has, for all purposes, the same effect as a finding of a jury. (5) Subsection (4) has effect despite the repeal of section 96. (6) Nothing in this section limits section 14 of the **Interpretation of Legislation Act 1984**. (7) In this section— ***special hearing by judge alone*** means a special hearing held in accordance with an order under section 94 as in force before its repeal. Sch. 3 cl. 17 inserted by No. 5/2025 s. 55. 17 Transitional provision—Justice Legislation Amendment (Committals) Act 2025 The repeal of sections 8(1)(b), 22(3), 38M(1)(b) and 38ZC(2) by the **Justice Legislation Amendment (Committals) Act 2025** applies only to a committal proceeding commenced on or after the repeal of those provisions. Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 18 September 1997* *Legislative Council: 15 October 1997* The long title for the Bill for this Act was "A Bill to reform the law relating to fitness to stand trial for criminal offences and to the defence of insanity, to amend the **Corrections Act 1986**, the **Crimes Act 1958**, the **Intellectually Disabled Persons' Services Act 1986** and the **Mental Health Act 1986** and for other purposes." **Constitution Act 1975:** *Section 85(5) statement:* *Legislative Assembly: 18 September 1997* *Legislative Council: 15 October 1997* *Absolute majorities:* *Legislative Assembly: 8 October 1997 and 11 November 1997* *Legislative Council: 28 October 1997* The **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** was assented to on 18 November 1997 and came into operation as follows: Part 1 (sections 1–5) on 18 November 1997: section 2(1); rest of Act on 18 April 1998: section 2(3). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, No. 65/1997** | Assent Date: | 18.11.97 | | Commencement Date: | S. 122 inserted on 25.4.20 by No. 11/2020 s. 30: s. 2 (as amended by No. 27/2020 s. 12); new s. 120 inserted on 30.3.22 by No. 11/2022 s. 6: s. 2 | | Note: | S. 122 repealed Pt 11 (ss 91–122) on 26.4.21; new s. 120 repealed new Pt 11 (new ss 91–120) on 30.3.23 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998** | Assent Date: | 26.5.98 | | Commencement Date: | S. 40 on 18.4.98: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998** | Assent Date: | 26.5.98 | | Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Psychologists Registration Act 2000, No. 41/2000** | Assent Date: | 6.6.00 | | Commencement Date: | S. 102(Sch. item 2) on 1.6.01: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Juries Act 2000, No. 53/2000** | Assent Date: | 12.9.00 | | Commencement Date: | S. 95 on 1.8.01: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001** | Assent Date: | 7.11.01 | | Commencement Date: | S. 3(Sch. item 5) on 20.12.01: Government Gazette 20.12.01 p. 3127 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Forensic Health Legislation (Amendment) Act 2002, No. 7/2002** | Assent Date: | 9.4.02 | | Commencement Date: | S. 50 on 10.4.02: s. 2(1); ss 3–33 on 1.7.02: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Mental Health Legislation (Commonwealth Detainees) Act 2004, No. 44/2004** | Assent Date: | 16.6.04 | | Commencement Date: | Ss 6–10 on 17.6.04: s. 2 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Public Administration Act 2004, No. 108/2004** | Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 50) on 5.4.05: Government Gazette 31.3.05 p. 602 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Statute Law Revision Act 2005, No. 10/2005** | Assent Date: | 27.4.05 | | Commencement Date: | S. 3(Sch. 1 item 7) on 28.4.05: s. 2 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Legal Profession (Consequential Amendments) Act 2005, No. 18/2005** | Assent Date: | 24.5.05 | | Commencement Date: | S. 18(Sch. 1 item 30) on 12.12.05: Government Gazette 1.12.05 p. 2781 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005** | Assent Date: | 11.10.05 | | Commencement Date: | S. 27 on 1.10.06: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Crimes (Homicide) Act 2005, No. 77/2005** | Assent Date: | 22.11.05 | | Commencement Date: | S. 10 on 23.11.05: s. 2 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Health Professions Registration Act 2005, No. 97/2005** | Assent Date: | 7.12.05 | | Commencement Date: | S. 182(Sch. 4 item 15) on 1.7.07: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Disability Act 2006, No. 23/2006** | Assent Date: | 16.5.06 | | Commencement Date: | S. 237 on 1.7.07: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006** | Assent Date: | 10.10.06 | | Commencement Date: | S. 26(Sch. item 22) on 11.10.06: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Relationships Act 2008, No. 12/2008** | Assent Date: | 15.4.08 | | Commencement Date: | S. 73(1)(Sch. 1 item 15) on 1.12.08: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Criminal Procedure Act 2009, No. 7/2009** (as amended by No. 68/2009) | Assent Date: | 10.3.09 | | Commencement Date: | Ss 423–425 on 1.1.10: Government Gazette 10.12.09 p. 3215 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009** | Assent Date: | 24.11.09 | | Commencement Date: | S. 97(Sch. item 39) on 1.1.10: Government Gazette 10.12.09 p. 3215 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009** | Assent Date: | 24.11.09 | | Commencement Date: | S. 54(Sch. Pt 1 item 13), (Sch. Pt 2 item 17) on 1.1.10: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010** | Assent Date: | 30.3.10 | | Commencement Date: | S. 51(Sch. item 18) on 1.7.10: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Health and Human Services Legislation Amendment Act 2010, No. 29/2010** | Assent Date: | 8.6.10 | | Commencement Date: | Ss 18–36 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010** | Assent Date: | 15.6.10 | | Commencement Date: | S. 48 on 1.1.11: s. 2(5) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Statute Law Revision Act 2011, No. 29/2011** | Assent Date: | 21.6.11 | | Commencement Date: | S. 3(Sch. 1 item 23) on 22.6.11: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011, No. 81/2011** | Assent Date: | 21.12.11 | | Commencement Date: | S. 22(4) on 21.12.11: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Statute Law Revision Act 2012, No. 43/2012** | Assent Date: | 27.6.12 | | Commencement Date: | S. 3(Sch. item 10) on 28.6.12: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Legal Profession Uniform Law Application Act 2014, No. 17/2014** | Assent Date: | 25.3.14 | | Commencement Date: | S. 160(Sch. 2 item 29) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Mental Health Act 2014, No. 26/2014** | *Assent Date:* | 8.4.14 | | *Commencement Date:* | Ss 436–454 on 1.7.14: s. 2(1) | | *Current State:* | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014** | *Assent Date:* | 3.6.14 | | *Commencement Date:* | S. 10(Sch. item 39) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | | *Current State:* | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014** (as amended by No. 79/2014) | Assent Date: | 26.8.14 | | Commencement Date: | Ss 119–131 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1; s. 155 on 31.10.14: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Mental Health Amendment Act 2015, No. 15/2015** | *Assent Date:* | 12.5.15 | | *Commencement Date:* | Ss 34, 37, 38 on 25.11.15: Special Gazette (No. 363) 24.11.15 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Justice Legislation Amendment Act 2015, No. 20/2015[[5]](#endnote-5)** | Assent Date: | 16.6.15 | | Commencement Date: | Ss 33–37 on 17.6.15: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Justice Legislation Further Amendment Act 2016, No. 3/2016** | Assent Date: | 16.2.16 | | Commencement Date: | Ss 101–105, 107 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Crimes Legislation Further Amendment Act 2017, No. 6/2017** | Assent Date: | 15.3.17 | | Commencement Date: | Ss 10–12 on 1.4.17: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Oaths and Affirmations Act 2018, No. 6/2018** | Assent Date: | 27.2.18 | | Commencement Date: | S. 68(Sch. 2 item 36) on 1.3.19: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019** | Assent Date: | 25.6.19 | | Commencement Date: | Ss 240–247 on 1.7.20: s. 2(4) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020** | Assent Date: | 24.4.20 | | Commencement Date: | Ss 30, 31 on 25.4.20: s. 2 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020** | Assent Date: | 20.10.20 | | Commencement Date: | Ss 11, 12 on 21.10.20: s. 2 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021** | *Assent Date:* | 23.3.21 | | *Commencement Date:* | Ss 121–123 on 26.4.21: s. 2(2) | | *Current State:* | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022** | Assent Date: | 15.2.22 | | Commencement Date: | Ss 82–86 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022, No. 11/2022** | Assent Date: | 29.3.22 | | Commencement Date: | Ss 6, 7 on 30.3.22: s. 2 | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Mental Health and Wellbeing Act 2022, No. 39/2022** (as amended by No. 20/2023) | Assent Date: | 6.9.22 | | Commencement Date: | Ss 815−819 on 1.9.23: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Youth Justice Act 2024, No. 32/2024** | Assent Date: | 10.9.24 | | Commencement Date: | Ss 792–795 on 30.9.25: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | **Justice Legislation Amendment (Committals) Act 2025, No. 5/2025** | Assent Date: | 25.2.25 | | Commencement Date: | Ss 51–55 on 28.12.25: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details 1. S. 18(4): Section 23 provides similarly to this subsection in relation to a finding of not guilty because of mental impairment under section 17(1)(b). [↑](#endnote-ref-1) 2. S. 18(4)(b): Section 40(2) applies to an order under this section. [↑](#endnote-ref-2) 3. S. 23(b): See note 2. [↑](#endnote-ref-3) 4. S. 26(1): Part 6 applies to a supervision order. **Guide to Children's Court Process – CMIA** **![]()** [↑](#endnote-ref-4) 5. Table of Amendments: The amendment proposed by section 34 of the **Justice Legislation Amendment Act 2015**, No. 20/2015 (*repealed*) is not included in this publication because the words "Unless the court revokes the order, the court" do not appear in section 38ZO(3). Section 34 reads as follows: **34 Variation of custodial supervision orders on application or review** In section 38ZO(3) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, for "Unless the court revokes the order, the court" **substitute** "The court". [↑](#endnote-ref-5)