With thanks to Charles Harrison for noting that the Children Legislation Amendment Bill 2019 (Vic) has passed both houses of the Victorian Parliament and will now go to the Governor for royal assent.
The legislation as passed will commence, as variously specified in the Act, on assent or on proclamation.
Religious confessions
This pending legislation has gained some attention by reason of Part 5 (section 18) dealing with religious confessions, which will amend the exception to section 127 of the Evidence Act 2008 (Vic). Section 127 had relevantly read:
(1) A person who is or was a member of the clergy of any church or religious denomination is entitled to refuse to divulge that a religious confession was
made, or the contents of a religious confession made, to the person when a member of the clergy.
(2) Subsection (1) does not apply if the communication involved in the religious
confession was made for a criminal purpose.
Upon amendment, the exception (subsection 2) will read:
“(2) Subsection (1) does not apply—
(a) if the communication involved in the religious confession was made for a
criminal purpose; or
(b) in a proceeding for an offence against section 184 of the Children, Youth
and Families Act 2005; or
(c) in a proceeding for an offence against section 327(2) of the Crimes
Act 1958.”.
The sections referred to relate to mandatory reporting in respect of a child in need of protection and failure to disclose a sexual offence committed in the State of Victoria against a child under the age of 16 years (the latter having certain exceptions in s 327(5) and s 327(7)).
Limitations law changes
Also of interest is Part 8, which will amend the Limitation of Actions Act 1958 (Vic) in relation to certain previously barred or concluded causes of action. Applications may be made to set aside previous settlements / judgments on the ground that is it just and reasonable to do so.