County Court

Prosecutions

Russell Kennedy provides local, state and commonwealth governments and regulatory bodies with prosecution advice and representation that recognises and respects the complexities and sensitivities associated with these matters.

 

We have extensive experience in prosecutions relating to health, building, planning, pollution, environment, water, governance and public order and safety.

Our Prosecutions team works with local, state and commonwealth governments and regulatory bodies, providing trusted advice and prosecuting matters on their behalf. We offer our clients tailored guidance regarding the best way to approach breaches to acts or provisions where a person or organisation has failed to meet their obligations or requirements.

We have been prosecuting matters on behalf of the Secretary to the Department of Justice and Community Safety under contraventions of the Serious Offenders Act 2019 (and its predecessors) for over ten years. These matters are indictable but usually tried summarily. We draft the charges, take witness statements and prepare the brief of evidence in preparation for the prosecution. We also have experience prosecuting on behalf of the Australian Health Practitioners Registration Agency under the National Law. For Transport Safety Victoria we act in relation to the preparation of indictable prosecutions up to and including the committal stage.

We have prosecuted offences on behalf of the DHHS under the the Drugs, Poisons and Controlled Substances Act, the Department of Education and Training for offences under the Education and Care Services National Law and regularly represent local Councils prosecute offences under the Planning and Environment Act, the Building Act, the Local Government Act, the Food Act, the Public Health and Wellbeing Act and the Environment Protection Act.

We have assisted regulatory such as the Victorian Building Authority and Transport Safety Victoria by advising on the sufficiency of evidence and charges available in cases referred to us. We have also advised extensively in relation to the use of authorised officer and coercive powers and other aspects of the gathering of evidence and its admissibility.

We also have a specialist prosecution and enforcement team dedicated to planning, environment and building works which is one of Victoria’s largest. We support our clients with diverse matters including town planning, building, environmental protection, domestic animals, food, public health and wellbeing, liquor and tobacco control and local laws.

Our lawyers represent clients in various courts and tribunals including VCAT, the Magistrates’ Court and County Court.

 

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Amendments to the Building Act 1993 on 16 August 2017

14 Aug 2017

The Building Amendment (Enforcement and Other Measures) Act 2017 (“Amendment Act”) which received royal assent on 23 May 2017, proposes amendments to the Building Act 1993 (“Act”).

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