Section 6(2)(b) of the Charter implicitly reads down s 4(1)(j), so that Part 2 of the Charter applies directly to courts and tribunals exercising judicial functions. There is a real argument that the McMahon v Gould guidelines for staying civil proceedings pending criminal proceedings require modification in light of ss 24 and 25 of the Charter, but this question was not definitively resolved. The McMahon v Gould guidelines continue to apply in Victoria, and protective orders and undertakings regarding confidentiality of documents may be sufficient to address concerns about prejudice to the right to silence without requiring a stay.
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