Recklessness: Report
Appendix E: Provisions in Victorian legislation other than the Crimes Act 1958 (Vic) that include the concept of recklessness
Table 22
Statute (Vic) |
Section |
Provision |
---|---|---|
Aboriginal Heritage Act 2006 |
s 19 |
Offence of failure to transfer Aboriginal ancestral remains to Council |
s 27(3) |
Offence to harm Aboriginal cultural heritage |
|
s 34 |
Offence to carry out specified activities other than in accordance with a cultural heritage permit |
|
s 46(4) |
Offence to commence activity without cultural heritage management plan |
|
s 67A(3) |
Offence of failure to comply with an approved cultural heritage management plan |
|
s 74G(3) |
Offence of failure to comply with Aboriginal cultural heritage land management agreement |
|
s 79G(2) |
Offence to use registered Aboriginal intangible heritage for commercial purposes without consent |
|
s 79H(3) |
Offence of failure to comply with a registered Aboriginal intangible heritage agreement |
|
s 102(3) |
Offence to contravene interim protection declaration |
|
s 108(3) |
Offence to contravene ongoing protection declaration |
|
s 147A(2) |
Offence to use information for prohibited purposes |
|
Accident Compensation Act 1985 |
s 119IA(2) |
‘Reckless misrepresentation’ used in relation to circumstances in which offer may be withdrawn or settlement avoided |
Accident Towing Services Act 2007 |
s 215 |
Offence to provide false or misleading information |
Assisted Reproductive Treatment Act 2008 |
s 35 |
Offence to form an embryo outside the body of a woman |
s 38 |
Offence to provide false or misleading information |
|
Associations Incorporation Reform Act 2012 |
ss 83(3)-(4) |
Offences to make improper use of information or position |
Australian Consumer Law and Fair Trading Act 2012 |
s 22(3)(b) |
‘Reckless disregard’ used in relation to circumstances that limit liability under a contract of supply of recreational services |
Bail Act 1977 |
sch 2 |
Some ‘reckless’ offences in the Crimes Act 1958 (Vic) are listed as Schedule 2 offences that determine which bail test applies |
Bus Safety Act 2009 |
s 66(1) |
Offence to provide false or misleading information |
Children, Youth and Families Act 2005 |
s 3 |
Recklessly causing serious injury in circumstances of gross violence (s 15B of the Crimes Act 1958 (Vic)) included in the definition of ‘Category B serious youth offence’ Recklessly causing serious injury in circumstances of gross violence (s 15B of the Crimes Act 1958 (Vic)), recklessly causing serious injury (s 17 of the Crimes Act 1958 (Vic)), and recklessly causing injury (s 18 of the Crimes Act 1958 (Vic)) included in the definition of ‘offence involving an assault’ |
s 119 |
Offence for out of home care service to approve, engage or employ disqualified person |
|
s 488DB(1) |
Offence to operate or possess a remotely piloted aircraft or helicopter near a youth justice facility |
|
Child Wellbeing and Safety Act 2005 |
ss 41ZL, 46W |
Offences of unauthorised use and disclosure of confidential information |
Commercial Passenger Vehicle Industry Act 2017 |
s 269(2) |
Offence to provide false or misleading information |
Conservation, Forests and Lands Act 1987 |
s 77(2) |
Remedies for breach of agreement—damages must not be awarded unless breach arose from an intentional or reckless act or omission on the part of the land owner |
Control of Genetically Modified Crops Act 2004 |
s 17 |
Offence to contravene an order |
Control of Weapons Act 1990 |
s 8E |
Offences of breaching a condition to which an exemption or approval applies |
Coroners Act 2008 |
s 115(5) |
Offence of failure to comply with condition placed on release of a document |
Corrections Act 1986 |
s 3 |
Recklessly causing serious injury in circumstances of gross violence (s 15B of the Crimes Act 1958 (Vic)) and recklessly causing serious injury (s 17 of the Crimes Act 1958 (Vic)) are included in the definition of ‘serious violent offence’ |
s 32A |
Offence to operate or possess remotely piloted aircraft or helicopter near a prison |
|
sch 3 |
Recklessly causing injury (s 18 of the Crimes Act 1958 (Vic)) listed as a violent offence |
|
Crime Statistics Act 2014 |
s 9 |
Offence of unauthorised access to, use of or disclosure of information |
Crimes (Assumed Identities) Act 2004 |
s 23 |
The provision refers to a person not being reckless about the existence of a variation or cancellation of an authority for an assumed identity. ‘Recklessness’ is defined in s 23(3): ’For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority if the person is aware of a substantial risk that the authority has been varied or cancelled and having regard to the circumstances known to the person, it is unjustifiable to take the risk.’ |
s 29 |
Offences of misusing assumed identity |
|
s 30 |
Offences of disclosing information about an assumed identity |
|
Crimes (Controlled Operations) Act 2004 |
s 31 |
The provision refers to a person not being reckless about the existence of a variation or cancellation of an authority for a controlled operation. ‘Recklessness’ is defined in s 31(3): ‘For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority if the person is aware of a substantial risk that the variation or cancellation has happened and having regard to the circumstances known to the person, it is unjustifiable to take the risk.’ |
s 36 |
Offences of unauthorised disclosure of information |
|
Criminal Organisations Control Act 2012 |
s 68 |
Offence of failure to comply with a control order |
ss 74, 82 |
Offences to enter closed court |
|
ss 84, 85 |
Offences to disclose, receive or solicit protected criminal intelligence/confidential material |
|
Dangerous Goods Act 1985 |
s 31D |
Offence to engage in the manufacture, storage, transport, transfer, sale or use of dangerous goods that places or may place a person in danger of death |
Disability Service Safeguards Act 2018 |
s 258 |
Offences where a person who is not a registered disability worker uses registered disability worker titles |
s 259 |
Offences where a person claims to hold a registration, endorsement or qualification they do not hold |
|
s 260 |
Offence for a person who is registered in a particular division of the Register of Disability Workers to claim they are registered in another division |
|
Domestic Animals Act 1994 |
s 41EB |
Offence to breed a dog from a restricted breed dog |
Drugs, Poisons and Controlled Substances Act 1981 |
s 71F |
Offence to publish a document containing instructions for trafficking or cultivation of a drug of dependence |
s 80C |
Offence to sell a cocaine kit |
|
Electricity Industry Act 2000 |
s 40SD |
Offence to disconnect supply of electricity at premises when not permitted |
s 40SF |
Offence to disconnect supply of electricity at premises of life support customer |
|
s 40ST(3) |
Offence to disconnect supply of electricity at a person’s premises for fraudulent or illegal taking of electricity |
|
s 40SU(3) |
Offence for exempt electricity seller to arrange for disconnection of supply of electricity at a person’s premises for fraudulent or illegal taking of electricity |
|
s 80 |
Offence of unauthorised interference with critical electricity infrastructure plant or equipment or vehicles |
|
Environment Protection Act 2017 |
s 27 |
Offence of aggravated breach of the general environmental duty |
Equipment (Public Safety) Act 1994 |
s 9(2) |
‘Recklessly’ used in relation to duties of persons in charge of prescribed equipment |
Evidence Act 2008 |
s 103(2)(a) |
When considering the exception to the credibility rule (cross-examination as to credibility), the court must have regard to whether the evidence proves that the witness knowingly or recklessly made a false representation while under an obligation to tell the truth |
s 106(2)(e) |
Exception to the credibility rule: If evidence tends to prove that the witness has knowingly or recklessly made a false representation while under an obligation to tell the truth, leave is not required to adduce that evidence to rebut a denial made during cross-examination |
|
s 108A(2)(a) |
When considering the admissibility of credibility evidence for a person who has made a previous representation in a proceeding, the court must have regard to whether the person knowingly or recklessly made a false representation when under an obligation to tell the truth |
|
s 138(3)(e) |
When considering the exclusion of evidence improperly or illegally obtained, the court must have regard to whether the impropriety or legal contravention was deliberate or reckless |
|
Evidence (Miscellaneous Provisions) Act 1958 |
ss 42BH, 42BS |
Disclosure offences |
s 42BN(2) |
Offence to contravene an order to protect interstate operative’s identity |
|
s 42BQ(4) |
Offence to contravene suppression and protection orders |
|
Family Violence Protection Act 2008 |
s 144RA |
Offence to use or disclose confidential information |
Firearms Act 1996 |
s 54(6) |
Offence to give false information about a general category handgun notification |
s 101B |
Offences related to providing financial accommodation for the illegal acquisition or disposal of firearms |
|
s 130 |
‘Reckless disregard’ used in offences to possess, carry and use firearms in certain places |
|
s 131A |
‘Reckless disregard’ used in offences to discharge firearm at a premises or vehicle |
|
s 140A(3) |
Offence to make a false or misleading statement in support of another person’s application |
|
Fisheries Act 1995 |
s 131N |
The provision refers to a person not being reckless about the existence of a variation or cancellation of an authority for a controlled operation. ‘Recklessness’ is defined in s 131N(3): ‘For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority if the person is aware of a substantial risk that the variation or cancellation has happened and having regard to the circumstances known to the person, it is unjustifiable to take the risk.’ |
s 131Q |
Offences of unauthorised disclosure of information |
|
Freedom of Information Act 1982 |
s 63E |
Offence of unauthorised disclosure of documents |
Gas Industry Act 2001 |
s 48DF |
Offence to disconnect supply of gas at premises when not permitted |
s 48DH |
Offence to disconnect supply of gas at premises of life support customer |
|
s 48DV(3) |
Offence to disconnect supply of gas at a person’s premises for fraudulent or illegal taking of gas |
|
s 48DW(3) |
Offences for exempt gas seller to arrange for disconnection of supply of gas at a person’s premises for fraudulent or illegal taking of gas |
|
Gas Safety Act 1997 |
s 71A |
Offence to (offer to) supply or sell an unsafe appliance |
s 71C |
Offence to make unsafe modifications to appliance |
|
s 79D |
Offence to interfere with pipeline, gas installation or meter assembly |
|
Gene Technology Act 2001 |
s 32 |
Offence to deal with a genetically modified organism without a licence |
s 34 |
Offence to breach conditions of a genetically modified organism licence |
|
s 35A |
Offence to breach conditions of emergency dealing determination |
|
s 38 |
Aggravated offences—significant damage to health and safety of people or to the environment |
|
s 65 |
If a licence holder was reckless as to whether additional information as to any risks to health, safety or the environment existed, they are taken to have become aware of the additional information for the purposes of the condition of a licence to inform the Regulator |
|
s 192A |
Offence to damage, destroy, or interfere with premises at which dealings with genetically modified organisms are being undertaken |
|
Heritage Act 2017 |
s 74(1) |
Offence to take, destroy, damage, remove, disturb or otherwise interfere with or dispose of any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact |
s 74(3) |
Offence to buy, offer to buy, agree to buy or offer, or agree to barter or exchange or possess a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact |
|
s 87 |
Offences to remove, relocate or demolish, damage or despoil, develop or alter, or excavate, a registered place or object |
|
Honorary Justices Act 2014 |
s 45 |
Offence to provide false or misleading information |
Human Source Management Act 2023 |
s 87 |
Offence of unauthorised disclosure of human source information |
s 88 |
Aggravated offence of unauthorised disclosure of human source information—intent to endanger health or safety |
|
s 89 |
Aggravated offence of unauthorised disclosure of human source information—prejudice |
|
Independent Broad-based Anti-corruption Commission Act 2011 |
s 4(1)(c) |
‘Recklessly breaching public trust’ used in the definition of ‘corrupt conduct’ |
s 129A(7) |
Offence to contravene suppression order issued by IBAC |
|
Inquiries Act 2014 |
s 48 |
Offence to contravene a commissioner’s exclusion or restriction orders |
s 49 |
Offence to hinder, obstruct or cause serious disruption to Royal Commission proceeding |
|
s 88 |
Offence to contravene a Board of Inquiry exclusion or restriction order |
|
s 89 |
Offence to hinder, obstruct or cause serious disruption to Board of Inquiry proceeding |
|
s 118 |
Offence to contravene a Formal Review exclusion or restriction order |
|
s 119 |
Offence to hinder, obstruct or cause serious disruption to a Formal Review proceeding |
|
Livestock Management Act 2010 |
s 48 |
Offences of failing to comply with a notice to comply |
s 50 |
Offence to endanger people or animals or risk disease |
|
Local Government Act 2020 |
s 125 |
Offence to disclose confidential information |
s 133(3) |
Offence to lodge an initial personal interests return containing false or incomplete information |
|
s 134(2) |
Offence to lodge a biannual personal interests return containing false or incomplete information |
|
s 213 |
Offence to contravene exclusion or restriction orders |
|
s 304(2) |
Offence to print, publish or distribute electoral material during election period purporting to be on behalf of the Council |
|
Long Service Benefits Portability Act 2018 |
s 64(6)(e) |
‘Recklessly’ making a false representation about a worker’s entitlement to long service benefit included in definition of an employer taking ‘adverse action’ against a worker |
Long Service Leave Act 2018 |
s 36(6)(e) |
‘Recklessly’ making a false representation about an employee’s long service leave entitlements included in definition of an employer taking ‘adverse action’ against an employee |
Major Crime (Investigative Powers) Act 2004 |
s 3C(2) |
Offence of failure to comply with full disclosure to Public Interest Monitor |
Marine (Drug, Alcohol and Pollution Control) Act 1988 |
s 33B(2) |
Offence to supply a bodily sample for prohibited analysis or carry out prohibited analysis, or include information from a prohibited analysis to be kept on a DNA database |
Marine Safety Act 2010 |
ss 30(2), (3) |
Offences for marine safety worker to interfere with or misuse anything provided by regulated entity employing them, or to place the safety of another person on or in the immediate vicinity of marine safety infrastructure at risk |
s 31(2) |
Offence for master of a recreational vessel to place the safety of another person on or in the immediate vicinity of the vessel at risk |
|
ss 32(2), (3) |
Offences for a person operating a recreational vessel to interfere with or misuse anything provided by the master, or place the safety of another person on or in the immediate vicinity of the vessel at risk |
|
ss 33(2), (3) |
Offences for a passenger on board a recreational vessel to interfere with or misuse anything provided by the master, or place the safety of another person on or in the immediate vicinity of the vessel at risk |
|
Occupational Health and Safety Act 2004 |
s 25(2) |
Offence for employee to interfere with or misuse anything provided at the workplace in the interests of health, safety or welfare |
s 32 |
Offence to recklessly endanger persons at workplaces |
|
Offshore Petroleum and Greenhouse Gas Storage Act 2010 |
s 669(2) |
Offences in relation to entering or being present in petroleum safety zones |
s 671(2) |
Offences in relation to entering or being present in greenhouse gas safety zones |
|
s 673(2) |
Offence for unauthorised vessel to enter area to be avoided |
|
Open Courts Act 2013 |
s 23 |
Offence to contravene proceeding suppression order or interim order |
s 27 |
Offence to contravene Magistrates’ Court publication order |
|
s 32 |
Offence to contravene closed court order |
|
Personal Safety Intervention Orders Act 2010 |
s 6(1)(a)(ii) |
‘[R]eckless as to the infliction of bodily injury, pain, discomfort, damage, insult or deprivation of liberty’ included in definition of ‘assault’ |
Pharmacy Regulation Act 2010 |
s 34 |
Offence to use ‘pharmacy’ title except in relation to pharmacy to which a licence applies |
Pipelines Act 2005 |
s 119 |
Offence to interfere with pipeline |
Plant Biosecurity Act 2010 |
s 8(2) |
Offence to import prescribed material |
s 9(2) |
Offence to possess imported prescribed material |
|
s 10(2) |
Offence to import plants or plant products affected by disease or pest |
|
Prevention of Cruelty to Animals Act 1986 |
s 15C |
Offences of breeding/selling or disposing of animals with heritable defects |
Prohibition of Human Cloning for Reproduction Act 2008 |
s 16 |
Offence to import, export or place a prohibited embryo |
s 20 |
Offence to use precursor cells from a human embryo or foetus to create or develop a human embryo |
|
Public Interest Disclosures Act 2012 |
ss 4(1)(b)(iv)-(v) |
‘[R]eckless breach of public trust’ and ‘reckless misuse of information or material’ included in definition of ‘improper conduct’ |
Radiation Act 2005 |
s 15 |
Offences of failing to comply with conditions of a licence |
s 21 |
Offence of abandoning a radiation source |
|
s 22 |
Offences of causing another person to receive a higher radiation dose than prescribed |
|
s 23 |
Offences of causing serious harm to the environment when conducting radiation practice or using radiation source |
|
s 26 |
Offence of failing to comply with conditions of tester’s approval |
|
s 36B |
Offence of failing to comply with conditions of assessor’s approval |
|
Research Involving Human Embryos Act 2008 |
s 9 |
Offence to use embryo that was created by fertilisation that is not an excess assisted reproductive technology embryo |
s 10 |
Offence to breach a licence condition |
|
Residential Tenancies Act 1997 |
ss 91ZI, 142ZB, 206AQ, 207W |
‘Recklessly’ used in provisions allowing providers, operators and owners to give renters, residents and tenants a notice to vacate if serious damage to premises |
s 398, 498ZZZL |
‘Recklessly’ used in provisions allowing a person who has a lawful right to goods or documents to apply for compensation order when those goods or documents are wilfully or recklessly damaged or lost |
|
Road Safety Act 1986 |
s 58B |
Offence to supply a bodily sample for prohibited analysis or carry out prohibited analysis, or include information from a prohibited analysis to be kept on a DNA database |
s 68B |
Offence to enter a level crossing when a train or tram is approaching |
|
s 90Q |
Offences of unauthorised use or disclosure of information |
|
Sale of Land Act 1962 |
s 9AB(5) |
Offence for vendor under an off-the-plan contract to supply false information or fail to supply all information to purchaser |
ss 12(a), (d) |
Offences to induce the sale of land |
|
s 27(8) |
Offence for vendor to supply false information to purchaser |
|
s 32L |
Offence for vendor to provide false or incomplete information in section 32 statement or fail to provide statement |
|
Second-Hand Dealers and Pawnbrokers Act 1989 |
s 16(1) |
Offence to make a false or misleading statement relating to registration |
s 26ZW |
Offence of failure to comply with an interim or long-term closure notice |
|
Sentencing Act 1991 |
s 3 |
Some offences against the person that include recklessness are included in the definitions of ‘category B serious youth offence’, ‘category 1 offence’, ‘category 2 offence’, ‘offence involving an assault’ and ‘serious offence’ |
s 10AA(5)(b) |
Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty where a court is satisfied beyond reasonable doubt that at the time of carrying out the conduct the offender was reckless as to whether the victim was an emergency service worker, custodial officer or a youth justice custodial worker |
|
s 10AB(2) |
Custodial sentence for offence of contravening supervision order or interim supervision order under Serious Offenders Act 2018 (Vic) where a court is satisfied beyond reasonable doubt that the offender recklessly contravened a restrictive condition of the order |
|
s 89DC |
Some offences against the person that include recklessness are included in the definition of ‘relevant offence’ for the purpose of alcohol exclusion orders |
|
s 89DF |
Offences for contravening alcohol exclusion order |
|
sch 1 |
Some offences against the person that include recklessness are included as ‘violent offences’ (cl 2) ‘serious violent offences’ (cl 3) and ‘arson offences’ (cl 5) for the purposes of serious offender offences |
|
Serious Offenders Act 2018 |
s 169 |
Note 1 to offence to contravene supervision order or interim supervision order indicates that the offence triggers the mandatory sentencing provisions: ‘In the case of intentional or reckless contravention of a restrictive condition of a supervision order or an interim supervision order, section 10AB of the Sentencing Act 1991 requires that a term of imprisonment of not less than 12 months be imposed for an offence against this section unless the court finds under section 10A of that Act that a special reason exists.’ |
s 190 |
Offence to operate or possess remotely-piloted aircraft or helicopter near residential facility |
|
sch 2 |
Recklessly causing serious injury in circumstances of gross violence (s 15B of the Crimes Act 1958 (Vic)) and recklessly causing serious injury (s 17 of the Crimes Act 1958 (Vic)) listed as serious violent offences |
|
sch 3 |
Recklessly causing injury (s 18 of the Crimes Act 1958 (Vic)) listed as an additional offence not to be committed as core conditions of supervision order |
|
Service Victoria Act 2018 |
s 51 |
Offence to access, use or disclose data or information |
Sex Work Act 1994 |
s 22 |
Offences to carry on or assist in carrying on unlicensed sex work business as a sex work service provider |
s 48(3)(da) |
‘Recklessly’ permitting the involvement in the management or operation of the licensed business of a person who, within the preceding five years, had been convicted or found guilty of a disqualifying offence as a ground for taking disciplinary action against licensee |
|
Social Services Regulation Act 2021 |
s 46 |
Aggravated offence of contravention of duty to comply with Social Services Standards |
s 89 |
Offences to apply for employment as a Worker and Carer Exclusion Scheme worker or carer if subject to investigation, referral or exclusion decision |
|
s 90 |
Offence to provide Worker and Carer Exclusion Scheme service while excluded |
|
s 267(1) |
‘Recklessly’ used in provision allowing provider to give resident a notice to vacate the supported residential service if resident causes or allows serious damage |
|
Suburban Rail Loop Act 2021 |
s 87 |
‘Other than in a reckless manner’ used in the offence to record, divulge or communicate confidential information |
Summary Offences Act 1966 |
s 41H |
Offence to spike food or drink knowing or being reckless as to whether the victim is unaware of the presence of the intoxicating substance |
s 51A |
Offence to assault a registered health practitioner knowing or being reckless as to whether the practitioner is a health practitioner |
|
Supported Residential Services (Private Proprietors) Act 2010 |
s 116(1) |
‘Recklessly’ used in provision allowing proprietor to give resident a notice to vacate the supported residential service if resident causes or allows serious damage |
Surveillance Devices Act 1999 |
s 12C |
Offence of failing to comply with full disclosure to Public Interest Monitor |
s 30E |
Offences of using, communicating or publishing protected information |
|
Telecommunications (Interception) (State Provisions) Act 1988 |
s 4B(2) |
Offence of failure to comply with full disclosure to Public Interest Monitor |
Terrorism (Community Protection) Act 2003 |
ss 4E, 4I |
Offences of failing to comply with full disclosure to Public Interest Monitor |
ss 13AZN(5), 13ZNM(5) |
Offences of tampering with, modifying or erasing recording |
|
s 33(7) |
Offence of applicant for a counter-terrorism intelligence protection order failing to comply with full disclosure to special counsel |
|
s 35 |
Offences of entering a closed court |
|
s 37 |
Offence to disclose, receive or solicit protected counter-terrorism intelligence |
|
s 37A |
Offence to disclose, receive or solicit confidential material |
|
Tobacco Act 1987 |
s 6(2D) |
Offence for a tobacco or e-cigarette company to carry out certain advertising |
s 7(5) |
Offence for a tobacco or e-cigarette company to carry out competitions, rewards and loyalty schemes |
|
s 8(3) |
Offence for a tobacco or e-cigarette company to offer or give free samples |
|
s 9(5) |
Offence for a tobacco or e-cigarette company to promote products in exchange for certain sponsorships or prizes |
|
s 13A(2A) |
Offence for a tobacco or e-cigarette company to sell products on the seller’s person |
|
s 15M |
Offences for a tobacco or e-cigarette company to sell products from a temporary outlet |
|
s 15S |
Offence for a tobacco or e-cigarette company to sell a banned product |
|
Transport (Safety Schemes Compliance and Enforcement) Act 2014 |
s 103(3) |
Offence to provide false or misleading information |
Transport (Compliance and Miscellaneous) Act 1983 |
s 224 |
Offence to provide false or misleading information |
Victoria Police Act 2013 |
s 228 |
Offence of unauthorised access to, use of or disclosure of police information |
Victorian Data Sharing Act 2017 |
s 27 |
Offence of unauthorised access to, use of or disclosure of data or information |
Water Act 1989 |
s 33E(2) |
Offence to take water without a water share, resulting in serious damage or substantial economic loss |
s 63(2) |
Offence to take or use water from a non-declared water system, resulting in serious damage or substantial economic loss |
|
s 64FB |
Offence to take water from a declared water system without a general place of take approval, resulting in serious damage or substantial economic loss |
|
s 64FZB |
Offence to contravene a restriction or prohibition determination, resulting in serious damage or substantial economic loss |
|
s 64FZI |
Offence to take water from a declared water system without a particular place of take approval, resulting in serious damage or substantial economic loss |
|
s 75A(2) |
Offence to obstruct waterways, resulting in serious damage or substantial economic loss |
|
s 76A(2) |
Offence to dispose of matter underground by means of a bore without authorisation, resulting in serious damage or substantial economic loss |
|
ss 145A(2), (5) |
Offences to cause or permit the connection or discharge of works without consent, resulting in serious damage or substantial economic loss |
|
s 169A(2) |
Offence of failure to comply with notice of contravention, resulting in serious damage or substantial economic loss |
|
s 194(1A) |
Offence to cause or permit interference with designated land or works, resulting in serious damage or substantial economic loss |
|
s 195(1A) |
Offence to cause or permit a regulated drainage activity to be carried out without consent, resulting in serious damage or substantial economic loss |
|
s 208(1A) |
Offence to cause or permit undertaking or erection of regulated works or structure without consent, resulting in serious damage or substantial economic loss |
|
s 288(2) |
Offence to destroy, damage, remove, alter or interfere with Authority’s property without consent, resulting in serious damage or substantial economic loss |
|
s 289(2) |
Offence to take, use or divert an Authority’s water without consent, resulting in serious damage or substantial economic loss |
|
s 289B(2) |
Offence to interfere with the flow of water, resulting in serious damage or substantial economic loss |
|
Wildlife Act 1975 |
s 74J |
The provision refers to a person not being reckless about the existence of a variation or cancellation of an authority for a controlled operation. ‘Recklessness’ is defined in s 74J(3): ‘For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority if the person is aware of a substantial risk that the variation or cancellation has happened and having regard to the circumstances known to the person, it is unjustifiable to take the risk.’ |
s 74M |
Offences of unauthorised disclosure of information |
|
Witness Protection Act 1991 |
s 9N |
Offence to misuse assumed identity |
s 20L(2) |
Note use of ‘recklessly’ in relation to the requirement of full disclosure to the Public Interest Monitor |
|
Worker Screening Act 2020 |
s 118 |
If a person ‘was not reckless as to whether or not’ a person did not hold an NDIS clearance or interstate NDIS clearance they do not commit an offence relating to NDIS clearances |
s 121 |
Offence to engage in child-related work without a working with children clearance |
|
s 123 |
Offence to engage a person who does not have a working with children clearance in child-related work |
|
s 124 |
Offence for agency to offer the services of a person who does not have a working with children clearance |
|
s 125 |
Offences to use volunteer clearance for paid work |
|
sch 1 |
Recklessly causing serious injury in circumstances of gross violence (s 15B of the Crimes Act 1958 (Vic)), recklessly causing serious injury (s 17 of the Crimes Act 1958 (Vic)), recklessly causing injury (s 18 of the Crimes Act 1958 (Vic)) listed as NDIS category A offences |
|
sch 3 |
Recklessly causing serious injury in circumstances of gross violence (s 15B of the Crimes Act 1958 (Vic)), recklessly causing serious injury (s 17 of the Crimes Act 1958 (Vic)), recklessly causing injury (s 18 of the Crimes Act 1958 (Vic)) listed as NDIS category B offences |
|
sch 4 |
‘An offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 (violent offences) other than murder or attempted murder’ and ‘An offence against section 18 (causing injury intentionally or recklessly) of the Crimes Act 1958 or under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 18 of the Crimes Act 1958’ listed as WWC category B offences |
|
Workplace Injury Rehabilitation and Compensation Act 2013 |
s 260(2) |
‘Reckless misrepresentation’ used in relation to circumstances in which offer may be withdrawn or settlement avoided |
Zero and Low Emission Vehicle Distance-Based Charge Act 2021 |
s 64 |
Offence to include false or misleading information in records or evidence required to be kept about zero and low emission vehicles |
s 70 |
Offences regarding unauthorised use and disclosure of information |
References to the concept of recklessness appear in the following national laws, enacted by Victorian legislation:
• Co-operatives National Law Application Act 2013 (Vic)
• Health Practitioner Regulation National Law (Victoria) Act 2009 (Vic)
• Heavy Vehicle National Law Application Act 2013 (Vic)
• Marine (Domestic Commercial Vessel National Law Application) Act 2013 (Vic)
• National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018 (Vic)
• Pollution of Waters by Oil and Noxious Substances Act 1986 (Vic)
• Terrorism (Commonwealth Powers Act) 2003 (Vic)
‘Probably’ appears in offence provisions in the following Victorian legislation:
• Crimes Act 1958 (Vic)
• Family Violence Protection Act 2008 (Vic)
• Summary Offences Act 1966 (Vic)
‘Probably’ also appears in:
• s 64(1)(b) of the Jury Directions Act 2015 (Vic). To explain the phrase ‘beyond reasonable doubt’ to a jury, a trial judge may indicate that it is not enough for the prosecution to persuade the jury that the accused is probably guilty or very likely to be guilty.
• s 9C(3)(d) of the Sentencing Act 1991 (Vic). One of the circumstances that a court must be satisfied about beyond reasonable doubt before imposing a minimum non-parole period of 10 years for manslaughter by single punch or strike is that the offender knew that the victim was not expecting, or was probably not expecting, to be punched or struck by the offender.
*The table and the lists in this Appendix are not intended to be exhaustive.