Victorian Law Reform Committee

Victorian Parliament Law Reform Committee

Functions

The functions of the Committee, as defined by Section 12 of the Parliamentary Committees Act 2003, are:

1) To inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with Ð'-

a. Legal, constitutional or parliamentary reform;

b. The administration of justice;

c. Law reform.

2) It is not a function of the Law Reform Committee to inquire into, consider or report to the Parliament on any proposal, matter of thing concerned with

a. The joint standing orders of the Parliament;

b. The standing orders or rules of practice of the Council or of the Assembly.

Inquiry into Administration of Justice Offences

Terms of Reference

Law Reform Committee of Parliament is required

To inquire into, consider and report to Parliament on:

1. The current state of law in Victoria in relation to administration of justice offences (such as perjury, perverting the course of justice, falsifying evidence and threatening witnesses); and

2. Whether these laws should be amended, and in what way, having particular regard to interstate laws and the recommendations of the Model Criminal Code Officers Committee Discussion Paper on Administration of Justice Offences (July 1997).

PARLIAMENT OF VICTORIA

LAW REFORM COMMITTEE

Inquiry into Administration of Justice Offences

The Governor in Council has asked that the Law Reform Committee inquire into, consider and report to Parliament on:

1. The current state of law in Victoria in relation to administration of justice offences (such as perjury, perverting the course of justice, falsifying evidence and threatening witnesses); and

2. Whether these laws should be amended, and in what way, having particular regard to interstate laws and the recommendations of the Model Criminal Code Officers Committee Discussion Paper on Administration of Justice Offences (July 1997).

A copy of the Committee's terms of reference and a copy of a Discussion Paper prepared by the Committee can be obtained by telephoning (03) 9651 3644 or from the Committee's website, http://www.parliament.vic.gov.au/lawreform/

The Committee invites written submissions from individuals and organisations on any aspect of this reference. Submissions should be sent to the address below by 31 October 2003. All submissions are treated as public documents unless confidentiality is requested.

Executive Officer

Victorian Parliament Law Reform Committee

Level 8, 35 Spring Street

MELBOURNE VIC 3000

Mr Rob Hudson, MP Chair

Recommendation 1 p. 55 MCCOC Model Code

That a new statutory provision be created for

perverting the course of justice that incorporates the

common law elements of the offence so that the new

provision would make it an offence to "do an act

that is capable of and has a tendency to pervert the

course of justice".

That the provision define the meaning of

"tendency" as meaning "a possibility or risk that

the course of justice will be perverted".

MCCOC recommended that a

general offence of perverting the

course of justice be created,

however the Committee has not

recommended the same wording

as the MCCOC provision.

Discussion Paper p. 93.

Model Code Section 74.1.

Recommendation 2 p. 61 MCCOC Model Code

That the proposed new statutory offence of

perverting the course of justice specify intention as

the mental element of the offence.

The Model Code provision is

similar.

Discussion Paper p. 88.

Model Code Section 74.1.

Recommendation 3 p. 74 MCCOC Model Code

That the Crimes Act 1958 (Vic) be amended to

change the maximum penalty for the offence of

perverting the course of justice to 15 years

imprisonment.

MCCOC recommended in its final

report that the maximum sentence

should be 5 years imprisonment.

Discussion Paper p. 88

Model Code Section 74.1.

xiv

Recommendation 4 p. 94 MCCOC Model Code

That there be no change to the current law in

Victoria concerning false accusation of offences.

This is contrary to the MCCOC

recommendation that a separate

offence for Ð''false accusation of

offence' be created.

Discussion Paper p. 107.

Model Code Section 74.3

Specific Offences relating to evidence and witnesses

Recommendation 5 p. 111 MCCOC Model Code