168Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022

168 Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 (1) Except as otherwise provided by this section, on and after the commencement of the amendments to Division 2A of Part II made by the **Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022**, that Division, as so amended, applies to a proceeding irrespective of when the proceeding commenced. (2) In a proceeding that commenced before the commencement of the amendments made to Division 2A of Part II by the **Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022**, no information constitutes protected health information for the purposes of that Division. (3) On and after the commencement of the amendments to Division 2A of Part II made by the **Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022**, that Division as in force immediately before that commencement continues to apply, despite those amendments, to— (a) an ongoing application for leave under section 32C; and (b) the evidence to which that application relates. (4) For the purposes of subsection (3), an application for leave under section 32C(1) is ongoing if— (a) notice was given in respect of that application in accordance with section 32C(2) as in force immediately before the commencement of the amendments to section 32C made by the **Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022**; and (b) the application was not determined before that commencement. New s. 169 inserted by No. 5/2025 s. 57.