Steve J said:

A couple of points about S83A of the Victorian Crimes Act. 1.Both Gillard and Blewitt "made" the document for the purposes of the section. 2.The concept of what constitutes an act or omission to the predjudice of a person is defined in exclusive terms in ss8. It is difficult to argue that the Registrar of Titles is not such a person(even if no others can be found). There is copious evidence that the POA was not made on the date specified or witnessed on the date and in the terms described. Gillard must be viewed as aiding any falsity that can be attributed to Blewitts actions. In Queensland(and I would imagine in other States)she would be regarded as a principle offender if she did or omitted to do any act for the purpose of enabling or aiding another person to commit the offence or indeed if she counsels or procures any other person to comit the offence. Examining the elements of S83A. a)Was the POA false? It was made by Blewitt on a date and in circumstances in which it was not in fact made. It was backdated and Gillard was not present. It was also made by Gillard when she signed it (ie altered it).SS(7). b)Intention There can be no argument that the document was made to induce any number of other persons to accept it as genuine or alternatively used with this intention ss(1)&(2). c)As a result was an act done or omitted to be done to someones prejudice? Presumably the POA was accepted by the Motgagee as genuine and this resulted in the advancement of funds and the temporary loss of that property.ss 8(a)(i) The action of Wilson in arranging the mortgage (aided by Gillard) has had the result that Blewitts borrowing capacity has been reduced. Blewitt has been deprived of the opportunity to borrow as much as he may otherwise been able to and has therefore been deprived of the opportunity to obtain a financial advantage. It is important to recognise that the maker of the document for these purposes is Gillard (ss(1)) and the user of the document is Gillard/Wilson(ss(2)). Further the acceptance by the Registrar of Titles of the transactions based on the POA will be to the prejudice of that person ss(8)(c). In the performance of his duties he has accepted a false document as genuine. The same may possibly be said of Olive Brosnahan. Gillard has some serious issues to deal with in relation to this document. It is difficult to see how a breach of Section 83A has not occurred.