VIC

The laws about what age a young person can validly consent to sex are different in each state and territory. In Victoria, like in the majority of jurisdictions, the age of consent stands at 16. However, a young person aged 16 or 17 cannot validly consent to sex with a person in a position of…

When a crime is committed by more than one person, everyone involved can be held responsible. The principles governing criminal liability for physical acts committed by others were previously governed by the common law. They were variously called ‘acting in concert’, ‘joint criminal enterprise’ or ‘common purpose’. There was a lot of disagreement and inconsistency…

The Victorian Court of Appeal yesterday handed down its decision on the appeal by Bauer Media against the Supreme Court’s decision to award actor Rebel Wilson 4.5 million dollars damages for defamation. The Court of Appeal reduced the judgment in Wilson’s favour to an award of $600,000, finding that the Supreme Court judge made an…

In December 2017, Civic Compliance was replaced by Fines Victoria as part of the Fines Reform Act. Victorians wanting to pay or deal with infringements (also known as ‘on the spot fines’) must now do so through Fines Victoria. Fines can be paid online, by phone, mail or by BPAY. If a person receives a…

The offence which used to be known as indecent assault in Victoria was replaced with an offence known as sexual assault in 2015. This offence, which is governed by Section 40 of the Crimes Act, is defined slightly differently to how indecent assault was defined, however both offences comprise non-consensual sexual touching which falls short…

In Victoria there are several ways that a person can be found guilty of possession of child abuse material. The act of possession can consist of having physical photos or discs, storing digital files on an external hard drive, phone, tablet or computer or using the internet to access an online storage location where the…

The Medical Treatment Planning and Decisions Act 2016 came into effect in Victoria in March 2018. Under this new legislation, Victorians are now able to execute a document called an Advance Care Directive to provides clear and explicit directions in relation to their future medical treatment for use if the person is incapacitated and unable to…

Under the Road Safety Act 1986, Victorian courts have the power to order that a vehicle be impounded, immobilised or even forfeited, if certain traffic offences have been committed in it. Offences that can result in impoundment or immobilisation of a vehicle include driving under the influence of drugs or alcohol, driving at a dangerous speed,…

In Victoria, there is a range of offences involving assaults on police or other emergency worker. While offences that do not result in injury can be dealt with by way of non-custodial sentences, the more serious offences attract a mandatory minimum term of imprisonment. A term of imprisonment can only be avoided for these offences…

The legislative scheme regulating the suspension and cancellation of a firearms licence in Victoria is more complex than in some other states. In Victoria, an intervention order can be made under the Family Violence Protection Act 2008, the Personal Safety Intervention Order Act 2010 or under the Crimes (Family Violence) Act 1987. When a person…

Automatism is a well-established defence to all criminal offences. While it has been successfully argued even in relation to very serious crimes, its application remains controversial. The defence of automatism is based on the principle that a person cannot be held responsible under the criminal law for an act which was not committed voluntarily. Automatism…

The introduction of P turns is one of several changes to Road Rules that Vic Roads has rolled out for specific locations in Melbourne. The new rules are designed to reduce congestion in areas notorious for traffic jams, but critics say they will only create more confusion. The infamous ‘hook turns’ mandated at particular intersections…

On 31 December 2017, the long-awaited changes to Victoria’s infringement system took effect. These changes include a lot of changes of terminology, changes in the time limits that apply for responding to an infringement notice and most importantly, changes to the review processes available in respect of infringements. What is the infringements system? The infringements…

Context Having a criminal record affects you in lots of ways. It can restrict the type of employment you can obtain and where you can travel to. Convictions for very serious offences stay with you for life. However, some convictions become ‘spent convictions’ after a certain period of time has elapsed. This means that you…

Since 2016, it has been possible to legally grow cannabis for medicinal use in Australia. In the last two years, the Victorian Government has made plans for that state to become the hub of medical cannabis in Australia, with the growing industry touted as one that will create jobs, attract investment and develop a range…

From 31 January 2018, people who hold a Victorian driver licence will be held liable for all drink driving offences they commit, regardless of where the offence takes place. In other words, a person found guilty of an interstate drink driving offence will be treated as if the offence was committed in Victoria. This is partly…