A plenary enduring power of attorney made under s 22(1) of the Powers of Attorney Act 2014 (Vic) authorises the attorney to bring or defend criminal proceedings on behalf of the principal, including applications for leave to appeal. The time limit in s 12(5) of the CMI Act for holding a special hearing is procedural, not substantive, and the presumption against retrospectivity does not apply to amendments extending that time limit. Section 27 of the Charter has no application to special hearings because they do not result in findings of guilt or imposition of penalties.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
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