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This is a Bill, not an Act. For current law, see the Acts databases.
Serious Sex Offenders (Detention and Supervision)
Amendment (Governance) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
Part 2--Amendment of the Serious Sex Offenders (Detention and
Supervision) Act 2009--Post Sentence Authority 3
4 Purposes and outline 3
5 Definitions 3
6 Functions and powers of Adult Parole Board 4
7 Section 14 substituted 4
8 Section 32 substituted 5
9 Section 43 substituted 5
10 Section 49 substituted 6
11 Section 60 substituted 6
12 Additional information to be obtained by Secretary 7
13 Sharing of information 8
14 Guidelines for disclosure 9
15 New section 192B inserted 10
16 New Parts 13A and 13B inserted 12
17 Service of documents 41
Part 3--Summary offences related to offence of breaching a
supervision order 42
18 New sections 172AB and 172AC inserted 42
19 Issue of warrant to arrest on failure to comply with bail or
summons 44
Part 4--Transitional provisions and consequential and other
amendments to the Principal Act 45
Division 1--Consequential and other amendments 45
20 References to "Adult Parole Board" in Parts 2, 4 and 5 of the
Principal Act 45
21 Suggested conditions 45
i
Clause Page
22 Other discretionary conditions 45
23 Section 20 amended 46
24 Section 114 amended 46
25 Heading to Division 2 of Part 10 amended 46
26 Section 118 repealed 46
27 References to "Adult Parole Board" in Part 10 46
28 Section 124 amended 48
29 Section 158E amended 49
30 Section 161 amended 49
31 Seriousness of breach 49
32 Section 163 amended 49
33 Notice to Secretary 50
34 Section 171C amended 50
35 Proceedings for offence 50
36 Applications for change of name by or on behalf of an offender 50
37 Section 176 amended 50
38 Approval to be notified in writing 50
39 Registration of change of name 51
40 Registrar may correct Register 51
41 Notice to Secretary 51
42 Period of detention order--statute law revision 51
Division 2--Transitional provisions 51
43 New section 199B inserted 51
44 New Schedule 4 inserted 52
Part 5--Consequential amendments to other Acts 57
45 Corrections Act 1986 57
46 Criminal Organisations Control Act 2012 59
47 Criminal Procedure Act 2009 59
48 Disability Act 2006 59
49 Health Records Act 2001 60
50 Privacy and Data Protection Act 2014 60
51 Public Prosecutions Act 1994 60
52 Sentencing Act 1991 61
53 Victims' Charter Act 2006 61
Part 6--Repeal of amending Act 62
54 Repeal of amending Act 62
═════════════
Endnotes 63
1 General information 63
ii
Serious Sex Offenders (Detention and
Supervision) Amendment (Governance)
Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purpose
The purpose of this Act is to amend the Serious
Sex Offenders (Detention and Supervision)
Act 2009 and the Corrections Act 1986--
(a) to establish the Post Sentence Authority and
provide for its functions and powers; and
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Serious Sex Offenders (Detention and Supervision) Amendment
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Part 1--Preliminary
(b) to abolish the Detention and Supervision
Order Division of the Adult Parole Board;
and
(c) to provide for the coordination of services,
including by panels, to--
(i) eligible offenders who are the subject
of an application for a supervision order
or a detention order; and
(ii) offenders who are subject to a
supervision order or an interim
supervision order; and
(d) to provide for the sharing of information
between relevant Departments and agencies;
and
(e) to provide for the transfer to the County
Court or the Supreme Court of summary
offences related to an offence of breach of a
supervision order; and
(f) to make consequential amendments to those
Acts and to other Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 September 2018, it comes into
operation on that day.
3 Principal Act
In this Act, the Serious Sex Offenders
(Detention and Supervision) Act 2009 is
called the Principal Act.
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Part 2--Amendment of the Serious Sex
Offenders (Detention and Supervision)
Act 2009--Post Sentence Authority
4 Purposes and outline
(1) For section 1(3)(g) of the Principal Act
substitute--
"(g) establishes the Post Sentence Authority and
provides for its functions; and".
(2) In section 1(3) of the Principal Act--
(a) in paragraph (h), for "orders." substitute
"orders; and";
(b) after paragraph (h) insert--
"(i) provides for the coordination of
services to offenders in accordance
with Part 13B.".
5 Definitions
In section 3 of the Principal Act--
(a) insert the following definitions--
"Authority means the Post Sentence
Authority established by section 192C;
Chief Commissioner of Police means the
Chief Commissioner of Police
appointed under section 17 of the
Victoria Police Act 2013;
coordinated services plan means a plan
referred to in section 192ZI;
notice to attend means a notice served under
section 192P(1) requiring a person to
attend a meeting of the Authority;
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notice to produce means a notice served
under section 192P(1) requiring a
person to produce a specified document
or other thing to the Authority;
responsible agency means--
(a) the Secretary;
(b) the Secretary to the Department of
Health and Human Services;
(c) the Chief Commissioner of Police;
(d) a prescribed person or body, if
any;";
(b) the definition of DSO division is repealed.
6 Functions and powers of Adult Parole Board
Section 6 of the Principal Act is repealed.
7 Section 14 substituted
For section 14 of the Principal Act substitute--
"14 Copy of supervision order
If the court makes a supervision order, the
Secretary must cause a copy of the order to
be given as soon as practicable to--
(a) the Authority; and
(b) the Adult Parole Board if--
(i) at the time the order is made, the
offender is serving a custodial
sentence; or
(ii) the offender commences serving a
custodial sentence before the
expiry or revocation of the order.".
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8 Section 32 substituted
For section 32 of the Principal Act substitute--
"32 Copy of renewing order
If the court makes an order renewing a
supervision order, the Secretary must cause a
copy of the renewing order to be given as
soon as practicable to--
(a) the Authority; and
(b) the Adult Parole Board if--
(i) at the time the renewing order is
made, the offender is serving a
custodial sentence; or
(ii) the offender commences serving a
custodial sentence before the
expiry or revocation of the
renewed supervision order.".
9 Section 43 substituted
For section 43 of the Principal Act substitute--
"43 Copy of detention order
If the Supreme Court makes a detention
order, the Director of Public Prosecutions
must cause a copy of the detention order to
be given as soon as practicable to--
(a) the Secretary; and
(b) the Authority; and
(c) the Adult Parole Board if--
(i) at the time the detention order is
made, the offender is serving a
custodial sentence; or
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(ii) the offender commences serving a
custodial sentence before the
expiry or revocation of the
detention order.".
10 Section 49 substituted
For section 49 of the Principal Act substitute--
"49 Copy of renewing order
If the Supreme Court makes an order
renewing a detention order, the Director of
Public Prosecutions must cause a copy of the
renewing order to be given as soon as
practicable to--
(a) the Secretary; and
(b) the Authority; and
(c) the Adult Parole Board if--
(i) at the time the renewing order is
made, the offender is serving a
custodial sentence; or
(ii) the offender commences serving a
custodial sentence before the
expiry or revocation of the
renewed detention order.".
11 Section 60 substituted
For section 60 of the Principal Act substitute--
"60 Copy of interim order
(1) If the court makes an interim supervision
order, the Secretary must cause a copy of the
interim supervision order to be given as soon
as practicable to--
(a) the Authority; and
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(b) the Adult Parole Board if--
(i) at the time the interim supervision
order is made, the offender is
serving a custodial sentence; or
(ii) the offender commences serving a
custodial sentence before the
expiry or revocation of the interim
supervision order.
(2) If the Supreme Court makes an interim
detention order, the Director of Public
Prosecutions must cause a copy of the
interim detention order to be given as soon
as practicable to--
(a) the Secretary; and
(b) the Authority; and
(c) the Adult Parole Board if--
(i) at the time the interim detention
order is made, the offender is
serving a custodial sentence; or
(ii) the offender commences serving a
custodial sentence before the
expiry or revocation of the interim
detention order.".
12 Additional information to be obtained by Secretary
After section 188(2)(a)(ii) of the Principal Act
insert--
"(iia) a coordinated services plan in relation to the
offender; or".
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13 Sharing of information
(1) In section 189(1)(a) of the Principal Act--
(a) for "the use or disclosure is reasonably
necessary" substitute "the relevant person
believes on reasonable grounds it is
necessary to use or disclose the information";
(b) in subparagraph (iii)(C) omit "or";
(c) after subparagraph (iii) insert--
"(iv) preparing and reviewing coordinated
services plans;
(v) delivering services or providing for the
delivery of services in accordance with
coordinated services plans; or".
(2) After section 189(1) of the Principal Act insert--
"(1AA) A relevant person may use or disclose
information given to the Authority that is not
disclosed in a decision of the Authority or in
any reasons given by the Authority for a
decision of the Authority if--
(a) the relevant person believes on
reasonable grounds it is necessary to
use or disclose the information for the
administration of this Act; or
(b) the relevant person believes on
reasonable grounds it is necessary to
use or disclose the information for the
preparation for, conduct of or
participation in--
(i) a proceeding in any court; or
(ii) a proceeding before a tribunal; or
(iii) an inquest or investigation held by
a coroner; or
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(c) the relevant person believes on
reasonable grounds it is necessary to
use or disclose the information--
(i) to reduce the risk of a person
committing a relevant offence or
violent offence; or
(ii) to lessen or prevent a threat to the
life, health, safety or welfare of
any person.".
(3) In section 189(1A) of the Principal Act, after
"subsection (1)" insert "or (1AA)".
(4) In section 189(3) of the Principal Act, after
"notify the" insert "Authority or the".
(5) In section 189(4) of the Principal Act, after
paragraph (g) of the definition of relevant person
insert--
"(h) any member of the Authority or any
employee assisting the Authority under
section 192N to perform its functions; or
(i) any person who delivers services or advice to
or on behalf of the Authority whether paid or
unpaid; or
(j) a person or body from whom a responsible
agency seeks or obtains advice; or
(ja) a person or body prescribed as a responsible
agency under paragraph (d) of the definition
of responsible agency; or".
14 Guidelines for disclosure
After section 190(2)(a) of the Principal Act
insert--
"(ab) the chairperson of the Authority; or".
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15 New section 192B inserted
After section 192A of the Principal Act insert--
"192B Exemption from Freedom of Information
Act 1982
(1) The Freedom of Information Act 1982
does not apply to a document of the
Authority to the extent to which the
document discloses information that relates
to--
(a) a victim or the victims of an offender,
including any victim submission made
under this Act; or
(b) a person in relation to the person being,
or having been, an eligible offender or
subject to a supervision order, a
detention order or an interim order; or
(c) a proceeding under this Act that is or
was before a court; or
(d) a decision of the Authority; or
(e) the decision-making processes of the
Authority in relation to a particular
matter; or
(f) an interim order, a detention order or a
supervision order in respect of an
offender and, in the case of a
supervision order or an interim
supervision order, any condition to
which the order is subject; or
(g) any directions or instructions given
under this Act to an offender; or
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(h) the location, operation or
administration of a residential facility
or the management of offenders at a
residential facility; or
(i) the management under the Corrections
Act 1986 of an offender subject to a
detention order or an interim detention
order; or
(j) the management of an offender subject
to a supervision order or an interim
supervision order; or
(k) any other information prohibited from
disclosure under this Part, unless that
information is permitted to be disclosed
by a publication order made by a court
under section 183.
(2) Nothing in this section limits or affects the
operation of Part IV of the Freedom of
Information Act 1982 in relation to
documents of the Authority to which that
Act applies.
(3) In this section--
document has the same meaning as it
has in the Freedom of Information
Act 1982;
document of the Authority has the same
meaning as document of an agency or
document of the agency has in the
Freedom of Information Act 1982.".
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16 New Parts 13A and 13B inserted
After Part 13 of the Principal Act insert--
"Part 13A--Post Sentence
Authority
Division 1--Establishment of Authority
192C Establishment of Post Sentence Authority
(1) The Post Sentence Authority is established.
(2) The Authority--
(a) is a body corporate with perpetual
succession; and
(b) must have an official seal; and
(c) may sue and be sued in its corporate
name; and
(d) may acquire, hold and dispose of real
and personal property; and
(e) subject to this Act, may do and suffer
all acts and things that a body corporate
may by law do and suffer.
(3) The official seal of the Authority must be
kept as directed by the Authority and must
not be used except as authorised by the
Authority.
(4) All courts must take judicial notice of the
seal of the Authority affixed to a document
and, until the contrary is proved, must
presume that it was duly affixed.
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192D Functions of Authority
(1) The Authority has the following functions--
(a) to monitor compliance with and
administer the conditions of a
supervision order or an interim
supervision order;
(b) to give directions and instructions to an
offender in accordance with any
authorisation given to the Authority
under a supervision order or an interim
supervision order;
(c) to make decisions to ensure the
carrying into effect of the conditions of
supervision orders and interim
supervision orders;
(d) to make recommendations to the
Secretary in relation to applying to a
court to review the conditions of
supervision orders and interim
supervision orders;
(e) to review and monitor the progress of
offenders on detention orders and
interim detention orders;
(f) to review coordinated services plans for
eligible offenders who are the subject
of an application for a supervision order
or a detention order;
(g) to review coordinated services plans for
offenders who are subject to a
supervision order or an interim
supervision order;
(h) to review and monitor the progress of
offenders on supervision orders and
interim supervision orders;
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(i) to approve or disapprove change of
name applications under section 176;
(j) to report on the performance of
functions and powers under this Act in
its annual report under section 192ZC;
(k) any other function conferred on the
Authority by or under this Act or any
other Act.
Example
In relation to paragraph (b), a supervision order may
authorise the Authority to give directions relating to
electronic monitoring.
(2) The Authority--
(a) may inform itself in any manner it
thinks fit; and
(b) is not bound by the rules of evidence.
(3) The Authority is not bound by the rules of
natural justice.
192E Powers of Authority
The Authority has all the powers necessary
to perform its functions, including any power
conferred on it by or under this Act or any
other Act.
192F Membership of Authority
(1) The Authority consists of not more than
10 persons appointed by the Governor in
Council, on the recommendation of the
Minister, being--
(a) a chairperson; and
(b) a deputy chairperson; and
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(c) not more than 3 members (in addition
to the chairperson and deputy
chairperson) who are full-time
members; and
(d) not more than 5 members who are
sessional members.
(2) A member appointed to the Authority must
be a person who--
(a) is or has been a judge of--
(i) the High Court; or
(ii) the Supreme Court or the
equivalent court of another State
or a Territory; or
(iii) the Federal Court; or
(iv) the Family Court; or
(v) the County Court or the equivalent
court of another State or a
Territory; or
(b) has been a magistrate of the
Magistrates' Court or the equivalent
court of another State or a Territory; or
(c) is an Australian lawyer of at least
5 years' experience; or
(d) is a community representative who has
expertise and experience relevant to the
functions of the Authority.
192G Chairperson and deputy chairperson of
Authority
(1) On the recommendation of the Minister, the
Governor in Council must appoint one of the
members referred to in section 192F(2)(a) to
be chairperson of the Authority.
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(2) On the recommendation of the Minister, the
Governor in Council must appoint one of the
members referred to in section 192F(2)(a) to
be deputy chairperson of the Authority.
(3) If the chairperson is unable to perform the
duties of office or is absent or the office of
the chairperson is vacant, the deputy
chairperson--
(a) must act as chairperson; and
(b) while acting has the functions, powers
and duties of the chairperson.
192H Acting appointments
(1) On the recommendation of the Minister,
the Governor in Council may appoint a
member of the Authority referred to in
section 192F(2)(a) or a person who
is qualified to be a member under
those provisions to be acting chairperson
of the Authority if--
(a) the chairperson and the deputy
chairperson are unable to perform
the duties of the chairperson; or
(b) the chairperson and the deputy
chairperson are absent; or
(c) the office of the chairperson and deputy
chairperson is vacant.
(2) On the recommendation of the Minister,
the Governor in Council may appoint a
member of the Authority referred to in
section 192F(2)(a) or a person who is
qualified to be a member under those
provisions to be acting deputy chairperson
of the Authority if--
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(a) the deputy chairperson is unable to
perform the duties of the deputy
chairperson; or
(b) the deputy chairperson is absent; or
(c) the office of the deputy chairperson is
vacant.
(3) On the recommendation of the Minister,
the Governor in Council may appoint a
member of the Authority referred to in
section 192F(2) (including a sessional
member) or a person who is qualified to
be a member under that section to be an
acting member of the Authority if--
(a) a member is unable to perform the
duties of member; or
(b) a member is absent; or
(c) an office of member is vacant.
(4) A person appointed under this section to act
has the functions, powers and duties of the
chairperson, deputy chairperson or member,
as the case requires, while acting.
192I Terms and conditions of office
(1) A member of the Authority holds office--
(a) subject to subsections (3) and (4), for a
term not exceeding 5 years specified in
the member's instrument of
appointment; and
(b) subject to this Act, on the terms and
conditions specified in the member's
instrument of appointment.
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(2) Subject to this Act, a member is entitled to
be paid remuneration, allowances and
expenses determined by the Governor in
Council and specified in the member's
instrument of appointment.
(3) A member is eligible for reappointment.
(4) A member may hold office for a maximum
of 9 years, whether appointed for one or
more terms and whether or not those terms
are consecutive.
(5) The Public Administration Act 2004
(other than Part 3 of that Act) applies to a
member of the Authority in respect of the
office of member.
(6) If a person was, immediately before
becoming a member of the Authority, an
officer within the meaning of the State
Superannuation Act 1988, the member
continues, subject to that Act, to be an
officer within the meaning of that Act.
192J Chairing of meetings
(1) The chairperson is to preside at meetings of
the Authority at which the chairperson is
present.
(2) In the absence of the chairperson, the deputy
chairperson is to preside at meetings of the
Authority at which the deputy chairperson is
present.
(3) In the absence of the chairperson and the
deputy chairperson, the member appointed
as acting chairperson or acting deputy
chairperson is to preside at meetings of the
Authority at which that member is present.
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192K Meetings
(1) The Authority is to meet at the times and
places that are fixed by the chairperson.
(2) The following questions which may arise
before the Authority are to be decided by the
person presiding at a meeting of the
Authority--
(a) whether a question is a question of fact
or of law;
(b) any question determined to be a
question of law.
(3) A question is not to be decided at a meeting
of the Authority unless the following
members are present--
(a) the chairperson, deputy chairperson,
acting chairperson or acting deputy
chairperson; and
(b) at least 2 other members of the
Authority.
(4) The decision of a majority of the members
present at a meeting of the Authority on a
question arising at the meeting (other than a
question which under subsection (2) is to be
decided by the person presiding at the
meeting alone) is the decision of the
Authority on that matter.
(5) If there is an equality of votes on a question
arising at a meeting of the Authority, the
person presiding at the meeting has a second
or casting vote.
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192L Validity of acts or decisions of Authority
An act or a decision of the Authority is not
invalid merely because of--
(a) a vacancy in the office of a member; or
(b) a defect or irregularity in the
appointment of a member.
192M Vacancies, resignations and removal from
office
(1) The office of a member of the Authority
becomes vacant if--
(a) the member's term expires; or
(b) the member is removed from office
under subsection (2); or
(c) the member resigns by written notice of
resignation delivered to the Minister or
the Governor in Council.
(2) Subject to subsection (3), on the
recommendation of the Minister, the
Governor in Council may remove a member
from office.
(3) The Minister must not make a
recommendation under subsection (2) unless
the Minister is of the opinion that the
member--
(a) is an insolvent under administration; or
(b) has ceased to be eligible for
appointment; or
(c) is convicted of an offence, the
commission of which makes the person
unsuitable to be a member; or
(d) has failed to disclose a conflict of
interest; or
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(e) is unable to perform the functions and
duties of the office for any reason; or
(f) is or has been engaging in improper
conduct; or
(g) neglects the member's duty as a
member; or
(h) is otherwise unfit to hold office.
(4) A vacancy in the office of a member may be
filled by appointment in accordance with this
Part.
192N Employees and contractors
(1) The Authority may enter into agreements or
arrangements for the use of the services of
any employee of a public entity within the
meaning of the Public Administration
Act 2004 or a public service body within the
meaning of that Act to assist the Authority to
perform its functions.
(2) The Secretary must provide any employees
of the Department and any other assistance
to the Authority that is necessary to assist the
Authority to perform its functions.
(3) An employee provided under this section to
assist the Authority to perform its functions
is subject to the directions of the Authority in
performing those functions.
(4) The Authority may engage contractors and
agents to assist the Authority to perform its
functions.
192O Member may act on behalf of Authority
(1) If the Authority has heard and determined a
matter, a member of the Authority may sign
and issue all necessary orders and documents
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relating to that matter on behalf of the
Authority.
(2) An order or a document signed under
subsection (1) has effect as if it were signed
by all the members of the Authority.
Division 2--Notices to produce or attend
192P Power of Authority to compel production
of documents and other things or
attendance of witnesses
(1) For the purposes of performing its functions
in relation to managing offenders who are
subject to an order under this Act, the
Authority may serve written notice on a
person requiring the person--
(a) to produce a specified document or
other thing to the Authority before a
specified time and in the specified
manner; or
(b) to attend a meeting of the Authority at a
specified time and place to produce a
specified document or other thing; or
(c) to attend a meeting of the Authority at a
specified time and place, and from then
on from day to day until excused, to
give evidence; or
(d) to attend a meeting of the Authority at a
specified time and place, and from then
on from day to day until excused, to
give evidence and to produce a
specified document or other thing.
(2) A notice under subsection (1)--
(a) must be in the prescribed form (if any);
and
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(b) must contain the following
information--
(i) a statement outlining the
provisions of section 192Y;
(ii) examples of what may constitute a
reasonable excuse for failing to
comply with the notice;
(iii) how the person may object to the
notice;
(iv) any other prescribed information;
and
(c) must be served in accordance with
section 192S.
192Q Person may dispute notice to produce or
notice to attend
(1) A person on whom a notice to produce or a
notice to attend is served may make a claim
to the Authority that--
(a) the person has or will have a reasonable
excuse for failing to comply with the
notice; or
(b) in the case of a notice under
section 192P(1)(a), (b) or (d), that a
document or other thing specified in
the notice is not relevant to the subject
matter of the meeting.
(2) Without limiting what may be a reasonable
excuse for the purposes of subsection (1)(a),
it is a reasonable excuse for a person to fail
to comply with a notice by refusing to give
information to the Authority if the
information--
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(a) in the case of a natural person, might
tend to incriminate the person or make
the person liable to a penalty; or
(b) is the subject of parliamentary
privilege; or
(c) is the subject of legal professional
privilege or client legal privilege; or
(d) is the subject of public interest
immunity; or
(e) is prohibited from disclosure by a court
order; or
(f) is prohibited from disclosure by a
provision of another enactment that
specifically applies to the giving of
information or the production of
documents or other things to the
Authority.
192R Variation or revocation of notice to
produce or notice to attend
(1) By further notice served on a person, the
Authority may vary or revoke a notice served
on that person under section 192P--
(a) on the Authority's own initiative; or
(b) if the Authority is satisfied that the
person's claim under section 192Q is
made out.
(2) A notice varying or revoking a notice to
produce or a notice to attend must be served
in accordance with section 192S.
192S Service of notice to produce or notice to
attend
(1) Subject to subsection (2), a notice to produce
or notice to attend, or a notice varying or
revoking a notice to produce or notice to
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attend, must be served at a reasonable time,
being not less than 7 days before the date on
which the person is required to attend or
otherwise comply with the notice.
(2) The Authority may serve a notice to attend
requiring immediate attendance by a person
if--
(a) the Authority considers on reasonable
grounds that a delay in the person's
attendance is likely to result in--
(i) evidence being lost or destroyed;
or
(ii) the commission of an offence, the
continuation of a commission of
an offence or an attempt to
commit an offence; or
(iii) the person on whom the notice is
served absconding or otherwise
evading attendance; or
(iv) serious prejudice to the conduct of
the meeting to which the notice
relates; or
(b) the person on whom the notice is
served consents to immediate
attendance.
(3) A notice to produce or notice to attend may
be served--
(a) by serving a copy of the notice on the
person personally; or
(b) by sending a copy of the notice by
prepaid ordinary post addressed to the
person at the person's last known
residential address; or
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(c) if the person--
(i) has facilities for the reception of
documents in a document
exchange; and
(ii) consents to accepting personal
service of documents by delivery
to those facilities in the document
exchange--
by delivering a copy of the notice
addressed to the person into those
facilities; or
(d) if the person consents to documents
being served electronically, by sending
the notice by means of electronic
communication in accordance with the
Electronic Transactions (Victoria)
Act 2000.
192T Powers in relation to documents and other
things produced
(1) The Authority, a member of the Authority or
an employee assisting the Authority under
section 192N to perform its functions
authorised by the Authority may--
(a) inspect any document or other thing
produced to the Authority under a
notice to produce; and
(b) retain the document or other thing for
as long as is reasonably necessary for
the purposes of this Act; and
(c) copy any document or other thing
produced to the Authority necessary for
the purposes of this Act.
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(2) If the retention of a document or other thing
under subsection (1) ceases to be reasonably
necessary for the purposes of this Act, the
Authority, at the request of a person who
appears to be entitled to the document or
other thing, must cause the document or
other thing to be returned to the person
unless it has been given to another person
or body under this Act.
192U Power to compel attendance or production
does not affect power of Authority to
direct or instruct offenders
The power of the Authority under
section 192P to issue a notice to produce
or a notice to attend does not affect or
limit the power of the Authority--
(a) to give to an offender who is subject to
a supervision order a direction under
section 119 or 120(2) or an instruction
under section 121; or
(b) to require an offender to attend a
meeting under section 124; or
(c) to require an offender to attend before
the Authority under section 161(2)
for the purposes of an inquiry under
section 161 into an alleged breach of a
supervision order under section 160; or
(d) to require information under
section 192ZE; or
(e) to require a responsible agency to
provide further information to the
Authority in relation to a coordinated
services plan under section 192ZL.
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192V Appearance by audio visual link
(1) If the Authority requires a person to attend a
meeting of the Authority, the Authority, on
its own initiative or at the request of the
person, may direct the person to appear
before the meeting by audio visual link from
a place (the remote point) other than the
place where the meeting is to be held.
(2) The Authority must not make a direction
under subsection (1) unless it is satisfied that
both the place where the meeting of the
Authority is to be held and the remote point
are equipped with facilities that--
(a) enable all the members of the Authority
attending the meeting to see and hear
the person required to attend; and
(b) enable the person required to attend to
see and hear all the members of the
Authority attending the meeting.
(3) The Authority, at any time in the course of a
meeting, may vary or revoke a direction
given under subsection (1), either on its own
initiative or at the request of the person
required to attend the meeting.
(4) A person who, in accordance with a direction
given under subsection (1), appears before a
meeting of the Authority by audio visual link
is taken to have attended the meeting of the
Authority.
192W Notice to attend served on person serving
custodial sentence or in custody on
remand
(1) If a notice to attend a meeting of the
Authority is served on a person who is in
prison or a police gaol, the Authority may
give a written direction to the Governor of
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the prison or the officer in charge of the gaol
(as the case may be) that, as required by the
notice--
(a) the person be brought to a place
equipped with facilities to enable the
person to appear before the Authority
by audio visual link; or
(b) the person be brought before the
Authority.
(2) A direction under subsection (1) must be in
the prescribed form (if any).
192X Power to take evidence on oath or
affirmation
(1) The Authority may require a person
attending a meeting of the Authority in
accordance with a notice to attend to give
evidence or answer questions on oath or
affirmation.
(2) For the purposes of subsection (1) and
subject to subsection (3), an oath or
affirmation must be administered to a
person by--
(a) a member of the Authority; or
(b) an employee who is--
(i) assisting the Authority under
section 192N to perform its
functions; and
(ii) authorised to administer the oath
or affirmation by the Authority.
(3) In the case of an oath to be sworn or an
affirmation to be made by a person who is
appearing before the Authority by audio
visual link, the oath or affirmation may be
administered--
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(a) by means of the audio visual link, in
nearly as practicable the same way as if
the person were physically attending
the meeting of the Authority; or
(b) at the direction of, and on behalf of, the
Authority at the remote point by a
person authorised by the Authority.
Note
See section 192V in relation to remote point.
192Y Offence to fail to comply with a notice to
produce or attend
A person who is duly served with a notice to
produce or notice to attend must not, without
reasonable excuse, refuse or fail to comply
with the notice.
Penalty: 30 penalty units or imprisonment
for 3 months.
192Z Offence to fail to take oath, make
affirmation or answer question
(1) A person who is duly served with a notice to
attend a meeting of the Authority under
section 192P(1)(b), (c) or (d) must not,
without reasonable excuse--
(a) refuse or fail to take an oath or make an
affirmation when required to do so; or
(b) refuse or fail to answer a question that
the person is required to answer by the
Authority.
Penalty: 30 penalty units or imprisonment
for 3 months.
(2) A person does not commit an offence against
subsection (1) unless, before the person is
required to take the oath or make the
affirmation or answer the question, the
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Authority informs the person that refusal or
failure to do so without reasonable excuse is
an offence.
Divisions 3--Miscellaneous matters
192ZA Protection of participants at Authority
meeting
(1) A member of the Authority has, in respect of
the performance of the member's functions
as member at a meeting of the Authority, the
same protection and immunity as a judge of
the Supreme Court has in the performance of
the judge's duties as judge.
(2) An employee assisting the Authority under
section 192N to perform its functions or a
contractor or an agent engaged by the
Authority under that section has, in the
performance of the person's functions at a
meeting of the Authority, the same
protection and immunity as a judge of the
Supreme Court has in the performance of the
judge's duties as judge.
(3) A person legally representing another person
at a meeting of the Authority has the same
protection and immunity as an Australian
legal practitioner has in representing a party
in a proceeding in the Supreme Court.
(4) A person who gives information or evidence,
or produces a document or other thing, at a
meeting of the Authority has the same
protection and immunity as a witness has in
a proceeding in the Supreme Court.
192ZB Immunity of member of Authority
(1) A member of the Authority is not personally
liable for anything done or omitted to be
done in good faith--
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(a) in the exercise of a power or the
performance of a function under this
Act or the regulations; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power
or the performance of a function under
this Act or the regulations.
(2) Any liability resulting from an act or
omission that would, but for subsection (1),
attach to the member of the Authority
attaches instead to the Authority.
192ZC Annual report
(1) Before 30 September in each year the
Authority must give to the Minister a report
relating to the 12 months ending on 30 June
in that year and concerning the operation of
this Act during that period, including--
(a) details of the number of eligible
offenders serving a custodial sentence;
and
(b) details of the number of applications
made for a detention order, an interim
detention order and the renewal of
detention orders; and
(c) details of the number of applications
made for a supervision order, an
interim supervision order and the
renewal of supervision orders; and
(d) details of the number of offenders in
respect of whom a detention order or
interim detention order was made; and
(e) details of the number of offenders in
respect of whom a supervision order or
an interim supervision order was made;
and
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(f) details of the number of offenders
subject to a detention order or an
interim detention order who were found
guilty or convicted of a relevant offence
or a violent offence; and
(g) details of the number of offenders
subject to a supervision order or an
interim supervision order who were
found guilty or convicted of a relevant
offence, a violent offence or an offence
against section 160; and
(h) details of any breaches of conditions of
a supervision order or an interim
supervision order by offenders and the
actions taken by the Authority in
respect of those breaches; and
(i) the number of prosecutions commenced
by the Secretary, the Director of Public
Prosecutions or Victoria Police for an
offence against section 160; and
(j) details of the number of offenders
directed to reside in a residential
facility including the number of
offenders directed to reside in a
residential facility--
(i) as a condition of an order
imposed by the court under
section 17(1)(a); and
(ii) by the Authority under
section 20(1)(b); and
(k) details of the number of offenders in
respect of whom an emergency power
was exercised under Part 10; and
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(l) details of the number of offenders who
were required to comply with electronic
monitoring under a supervision order or
an interim supervision order; and
(m) details of the exercise of powers of
entry under sections 158C and 171A
reported to the Authority during the
period; and
(n) details of the exercise of powers under
Division 3 of Part 11 reported to the
Authority during the period; and
(o) details of the number of detention
orders, supervision orders and interim
orders completed or revoked during the
period; and
(p) the activities of the Authority during
the period; and
(q) in relation to the activities of
responsible agencies, the following
details--
(i) the number of coordinated
services plans developed and
agreed for eligible offenders in
respect of whom an application
for an order is made under
section 7 or 33;
(ii) the number of coordinated
services plans developed and
agreed for offenders subject to a
supervision order or an interim
supervision order;
(iii) the number of reviews conducted
of coordinated services plans;
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(iv) the number of notices issued to
responsible agencies in relation to
coordinated services plans under
section 192ZL and the number of
responses provided;
(r) any other prescribed matter.
(2) The Minister must cause the Authority's
annual report to be laid before the
Legislative Council and the Legislative
Assembly before the end of the fourteenth
sitting day of the Legislative Council or the
Legislative Assembly after the annual report
has been received by the Minister.
192ZD Other reports
(1) When required by the Minister, the Authority
must give to the Minister a report and
recommendations concerning a person who,
at the time of the report, is the subject of a
detention order or an interim detention order
or a supervision order or an interim
supervision order.
(2) When required by the Minister, the Authority
must give to the Minister a report on a matter
stated in the requirement and relating to the
activities of the Authority or the operation of
this Act.
192ZE Information to be provided to Authority
(1) For the purposes of preparing its annual
report under section 192ZC, the Authority
may require any information specified in the
requirement to be provided to it by--
(a) a responsible agency; and
(b) the Director of Public Prosecutions; and
(c) other relevant Departments or agencies.
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(2) An entity referred to in subsection (1)(a), (b)
or (c) must provide to the Authority
information specified in a requirement under
subsection (1).
Part 13B--Cooperation
and coordination between
responsible agencies
192ZF Application of Part
This Part applies in addition to any other
function or power of a responsible agency
under this Act.
192ZG Responsible agency must act in
accordance with principle of shared
responsibility
In the delivery of services to--
(a) an eligible offender who is the subject
of an application for a supervision order
or a detention order; or
(b) an offender who is subject to a
supervision order or an interim
supervision order--
a responsible agency must--
(c) provide reasonable assistance and
support to another responsible agency;
and
(d) share information, including for the
purposes of reporting, in accordance
with this Act; and
(e) identify and take steps to resolve any
issues, including systemic issues,
relating to the delivery of those
services.
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192ZH Responsible agencies must establish panel
For the purpose of performing their functions
under this Part, responsible agencies must
jointly establish one, or more than one,
panel.
192ZI Responsible agencies to agree on
coordinated services plan for each
offender
Responsible agencies must develop and
agree to a coordinated services plan in
respect of--
(a) an eligible offender who is the subject
of an application for a supervision order
or a detention order; and
(b) an offender who is subject to a
supervision order or an interim
supervision order.
192ZJ Content of coordinated services plan
(1) A coordinated services plan in relation to an
eligible offender who is the subject of an
application for a supervision order or a
detention order must set out the services that
will be made available to the offender if a
supervision order or an interim supervision
order is made.
(2) A coordinated services plan in respect of an
offender who is subject to a supervision
order or an interim supervision order must
set out--
(a) the matters referred to in section 10(2);
and
(b) identified risk factors relevant to the
offender; and
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(c) a description of the services that will be
made available to the offender in order
to address the factors referred to in
paragraph (b); and
(d) agreement by the responsible
agencies to deliver, or provide for
the delivery of, the services referred
to in paragraph (c); and
(e) the prescribed matters, if any.
192ZK Responsible agencies to give copy of plan
to Authority
Responsible agencies must give to the
Authority a copy of a coordinated services
plan--
(a) in relation to an eligible offender, as
soon as practicable after an application
for a supervision order or a detention
order is made; and
(b) in relation to an offender who is subject
to a supervision order or an interim
supervision order, as soon as
practicable after the order has been
made.
192ZL Authority to review coordinated services
plans
(1) The Authority must review a coordinated
services plan received under section 192ZK
or 192ZM.
(2) The Authority may serve written notice on a
responsible agency requesting information in
relation to a coordinated services plan.
(3) A responsible agency must comply with a
notice served on it under subsection (2).
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(4) This section does not limit the power
of the Authority to serve a notice under
section 192P.
192ZM Responsible agencies to review and report
on coordinated services plan
(1) Responsible agencies must review each
coordinated services plan not later than
6 months after the plan was agreed or last
reviewed (whichever is the later) and--
(a) confirm the plan; or
(b) revise the plan; or
(c) revoke the plan if the offender is no
longer subject to a supervision order
or an interim supervision order.
(2) As soon as practicable after each review
conducted under subsection (1), responsible
agencies must give to the Authority--
(a) if the coordinated services plan was
confirmed or revised, a copy of the
confirmed or revised plan; or
(b) notice that the coordinated services
plan has been revoked.
192ZN Expiry of plan
A coordinated services plan expires on the
earlier of--
(a) in the case of an eligible offender who
is the subject of an application for a
supervision order or a detention order,
the determination of the application; or
(b) its revocation under section 192ZM.
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192ZO Responsible agency may seek services or
advice
In performing its functions under this Part, a
responsible agency may seek the services or
advice of any person or body.
192ZP Delegation
(1) In the performance of its functions under
this Part, a responsible agency may, by
instrument, delegate any function or power
of the responsible agency under this Part,
other than this power of delegation, to--
(a) an employee, or class of employees,
in the office or body of which the
responsible agency is or has the
functions of a public service body
Head (within the meaning of the
Public Administration Act 2004); or
(b) in the case of a responsible agency that
is prescribed under paragraph (d) of the
definition of responsible agency in
section 3, an employee, or class of
employees, of the responsible agency.
(2) This section does not limit section 196.
192ZQ Legal rights not affected
The Parliament does not intend by this
Part--
(a) to create in any person any legal right
or give rise to any civil cause of action;
or
(b) to affect in any way the interpretation
of any Act or law in force in Victoria.".
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17 Service of documents
(1) In section 193(1) of the Principal Act,
for "A document" substitute "Subject to
section 192S, a document".
(2) After section 193(1)(c) of the Principal Act
insert--
"(ca) in the case of the Authority, by sending it by
post to the chairperson of the Authority; or".
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Part 3--Summary offences related to offence
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18 New sections 172AB and 172AC inserted
After section 172A of the Principal Act insert--
"172AB Transfer of proceeding for related
summary offence
(1) In this section--
related offences has the same meaning as in
the Criminal Procedure Act 2009.
(2) Subject to subsection (3), if the Magistrates'
Court transfers a proceeding by order
under section 172A, it must order that all
proceedings in respect of charges against
the offender for summary offences that are
related offences are transferred to the court
that made the supervision order.
(3) The Magistrates' Court may order that a
proceeding for a summary offence referred
to in subsection (2) is not transferred under
this section if the offender and the prosecutor
in the proceeding for the offence against
section 160 agree.
(4) For the purposes of this section, the
Magistrates' Court may be constituted by a
proper officer of the court.
(5) An order under this section must be in the
prescribed form.
172AC Hearing and determination of related
summary offence by Supreme Court or
County Court
(1) If an offender is before the Supreme Court or
the County Court for an offence against
section 160, the court may hear and
determine a charge for a summary offence
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transferred under section 172AB before
sentencing or otherwise dealing with the
offender.
(2) If all charges for an offence against
section 160 against an offender before the
Supreme Court or the County Court have
been discontinued, the court may hear and
determine a charge for a summary offence
transferred under section 172AB.
(3) The court must hear and determine a charge
for a summary offence without a jury and in
accordance with Part 3.3 of the Criminal
Procedure Act 2009, as far as practicable.
(4) Without affecting the admissibility of any
evidence which might be given apart from
this subsection, on the hearing of a charge
against an offender for a summary offence
transferred under section 172AB, the court
may admit as evidence in relation to the
charge evidence given during a trial or
summary hearing of the offender in respect
of the offence against section 160.
(5) A party may adduce further evidence only
with the leave of the court.
(6) If the court considers it appropriate to do so,
the court may transfer a proceeding for a
summary offence transferred under
section 172AB back to the Magistrates'
Court for hearing and determination.
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(7) The court may impose any sentence in
respect of a summary offence that could be
imposed by the Magistrates' Court.
Note
Rights of appeal in relation to summary offences heard and
determined under section 172AC are found in the Criminal
Procedure Act 2009 by virtue of the definition of original
jurisdiction in that Act.".
19 Issue of warrant to arrest on failure to comply with
bail or summons
In section 172B of the Principal Act, after "172A"
insert "or 172AB".
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Part 4--Transitional provisions and consequential and other amendments to
the Principal Act
Part 4--Transitional provisions and
consequential and other amendments to
the Principal Act
Division 1--Consequential and other amendments
20 References to "Adult Parole Board" in Parts 2, 4
and 5 of the Principal Act
In the Principal Act, for "Adult Parole Board"
substitute "Authority" in the following sections--
(a) section 16(2)(ac), (b), (c), (e),(f), (g) and (h);
(b) section 26(2);
(c) section 27;
(d) section 62;
(e) section 68(1)(a);
(f) section 72(1)(c);
(g) section 78(1).
21 Suggested conditions
(1) In section 17(1)(n) of the Principal Act, for
"Adult Parole Board" substitute "Authority".
(2) In section 17(1A)(a) and (b) of the Principal Act,
for "the Board" substitute "the Authority".
(3) In the note at the foot of section 17(1A) of the
Principal Act, for "Adult Parole Board" substitute
"Authority".
22 Other discretionary conditions
In examples 1, 3 and 5 at the foot of section 19
of the Principal Act, for "Adult Parole Board"
substitute "Authority".
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23 Section 20 amended
(1) In the heading to section 20 of the Principal Act,
for "Adult Parole Board" substitute
"Authority".
(2) In section 20 of the Principal Act, for
"Adult Parole Board" (wherever occurring)
substitute "Authority".
(3) In section 20 of the Principal Act, for "the Board"
(wherever occurring) substitute "the Authority".
(4) In examples 1 and 2 at the foot of section 20(1)
of the Principal Act, for "Adult Parole Board"
substitute "Authority".
24 Section 114 amended
(1) In the heading to section 114 of the Principal
Act, for "Adult Parole Board" substitute
"Authority".
(2) In section 114 of the Principal Act, for
"Adult Parole Board" substitute "Authority".
25 Heading to Division 2 of Part 10 amended
For the heading to Division 2 of Part 10 of the
Principal Act substitute--
"Division 2--Authority may give
directions or instructions to offender".
26 Section 118 repealed
Section 118 of the Principal Act is repealed.
27 References to "Adult Parole Board" in Part 10
(1) In the Principal Act, for "Adult Parole Board"
substitute "Authority" in the heading to each of
the following sections--
(a) section 119;
(b) section 125;
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(c) section 127;
(d) section 128;
(e) section 130.
(2) In the Principal Act, for "Adult Parole Board"
substitute "Authority" in the following sections--
(a) section 119 (where twice occurring);
(b) section 120 (wherever occurring);
(c) section 121;
(d) section 122;
(e) section 123(1) and (3);
(f) section 125;
(g) section 126(1), (2), (4), (6) and (7)
(wherever occurring);
(h) section 127(1), (2) and (3) (wherever
occurring);
(i) section 128 (where twice occurring);
(j) section 129(1) and (2) (wherever occurring);
(k) section 130(1), (2), (3) and (4)
(wherever occurring);
(l) section 131(1) and (2);
(m) section 132(1) and (2);
(n) section 134(2);
(o) section 136(2)(b);
(p) section 137(1)(d);
(q) section 138(b);
(r) section 139(1)(b);
(s) section 149(2);
(t) section 151(b);
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(u) section 158EA;
(v) section 158EC.
28 Section 124 amended
(1) In the heading to section 124 of the Principal Act,
for "Adult Parole Board" substitute
"Authority".
(2) In section 124(1) of the Principal Act--
(a) for "Adult Parole Board" substitute
"Authority";
(b) for "the Board" (where twice occurring)
substitute "the Authority".
(3) In section 124(2), (4) and (5) of the Principal Act,
for "Adult Parole Board" (wherever occurring)
substitute "Authority".
(4) After section 124(4) of the Principal Act insert--
"(4A) For the purposes of subsection (4), the
Authority must be satisfied that both the
place where the meeting of the Authority is
to be held and the place where the offender is
are equipped with facilities that--
(a) if the offender is present by audio
visual link--
(i) enable all the members of the
Authority attending the meeting to
see and hear the offender; and
(ii) enable the offender to see and hear
all the members of the Authority
attending the meeting; or
(b) if the offender is present by audio link,
that--
(i) enable all the members of the
Authority attending the meeting to
hear the offender; and
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(ii) enable the offender to hear all the
members of the Authority
attending the meeting.".
29 Section 158E amended
(1) In the heading to section 158E of the Principal
Act, for "DSO division of Adult Parole Board"
substitute "Authority".
(2) In section 158E(2) of the Principal Act, for
"DSO division of the Adult Parole Board"
substitute "Authority".
30 Section 161 amended
(1) In the heading to section 161 of the Principal Act,
for "Adult Parole Board" substitute
"Authority".
(2) In section 161 of the Principal Act--
(a) in subsections (1), (2), (3), (4), (5) and (6),
for "Adult Parole Board" substitute
"Authority";
(b) in subsections (1), (3) and (6), for
"the Board" (wherever occurring)
substitute "the Authority".
31 Seriousness of breach
In section 162(1) of the Principal Act, for
"Adult Parole Board" substitute "Authority".
32 Section 163 amended
(1) In the heading to section 163 of the Principal
Act, for "Adult Parole Board" substitute
"Authority".
(2) In section 163 of the Principal Act--
(a) for "Adult Parole Board" substitute
"Authority";
(b) for "the Board" substitute "the Authority".
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33 Notice to Secretary
In section 169(2) of the Principal Act, for
"Adult Parole Board" substitute "Authority".
34 Section 171C amended
(1) In the heading to section 171C of the Principal
Act, for "DSO division of Adult Parole Board"
substitute "Authority".
(2) In section 171C(2) of the Principal Act, for
"DSO division of the Adult Parole Board"
substitute "Authority".
35 Proceedings for offence
Section 172(8) of the Principal Act is repealed.
36 Applications for change of name by or on behalf of
an offender
In section 175(2) and (3) of the Principal Act, for
"Adult Parole Board" substitute "Authority".
37 Section 176 amended
(1) In the heading to section 176 of the Principal Act,
for "Adult Parole Board" substitute
"Authority".
(2) In section 176(1) and (2) of the Principal Act, for
"Adult Parole Board" (wherever occurring)
substitute "Authority".
38 Approval to be notified in writing
In section 177 of the Principal Act, for "Adult
Parole Board" (wherever occurring) substitute
"Authority".
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39 Registration of change of name
In section 178 of the Principal Act--
(a) in subsection (1)(b), for "Adult Parole
Board" substitute "Authority";
(b) in subsection (2), for "secretary of the Adult
Parole Board" substitute "chairperson of the
Authority".
40 Registrar may correct Register
In section 179(b) of the Principal Act, for
"Adult Parole Board" substitute "Authority".
41 Notice to Secretary
In section 181 of the Principal Act, for
"Adult Parole Board" substitute "Authority".
42 Period of detention order--statute law revision
In section 40 of the Principal Act, for "(4)"
(where first occurring) substitute "(3A)".
Division 2--Transitional provisions
43 New section 199B inserted
After section 199A of the Principal Act insert--
"199B Transitional provisions--Serious Sex
Offenders (Detention and Supervision)
Amendment (Governance) Act 2017
Schedule 4 has effect.".
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44 New Schedule 4 inserted
After Schedule 3 to the Principal Act insert--
"Schedule 4--Transitional
provisions for Serious Sex
Offenders (Detention and
Supervision) Amendment
(Governance) Act 2017
1 Definitions
In this Schedule--
commencement day means the day on
which section 64A of the Corrections
Act 1986 is repealed;
DSO division means the Detention and
Supervision Order division of the
Adult Parole Board established
under section 64A of the Corrections
Act 1986 as in force immediately
before its repeal.
2 General transitional provisions
(1) Unless the contrary intention appears, this
Schedule does not affect or take away from
the Interpretation of Legislation Act 1984.
(2) If a repealed or amended provision of this
Act continues to apply by force of this
Schedule, the following provisions also
continue to apply in relation to the
provision--
(a) any other repealed or amended
provisions necessary to give effect to
that continued provision; and
(b) any regulations made for the purposes
of that continued provision.
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3 Decisions of DSO division and Adult
Parole Board under this Act
(1) On and from the commencement day, a
decision made at a meeting of the DSO
division before the commencement day is
taken to be a decision made at a meeting of
the Authority.
(2) Without limiting subclause (1), on and from
the commencement day, a decision made at a
meeting of the Adult Parole Board exercising
its functions under this Act before the
commencement day is taken to be a decision
made at a meeting of the Authority.
4 Functions and powers of DSO division
On and from the commencement day, an
exercise of the Adult Parole Board's
functions and powers by the DSO division
under this Act or the Corrections Act 1986
or by the Board under this Act before the
commencement day is taken to be an
exercise of the functions and powers of the
Authority.
5 Directions given by DSO division
On and from the commencement day, a
direction given by the DSO division or the
Adult Parole Board under section 119 or 120
before the commencement day is taken to be
a direction given by the Authority under the
relevant section.
6 Instructions given by DSO division
On and from the commencement day, an
instruction given by the DSO division or the
Adult Parole Board under section 121 before
the commencement day is taken to be an
instruction given by the Authority under that
section.
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7 References to DSO division
(1) A reference in any Act (other than this Act),
subordinate instrument, agreement,
instrument, deed or other document to the
DSO division (by whatever name described),
the DSO Division of the Adult Parole Board
or the Adult Parole Board exercising its
functions under this Act is be construed as a
reference to the Authority--
(a) so far as the reference relates to any
period on and from the commencement
day; and
(b) if not inconsistent with the subject
matter.
(2) A reference in an order made by a court
under this Act to the DSO division
(by whatever name described), the DSO
Division of the Adult Parole Board or the
Adult Parole Board exercising its functions
under this Act is to be construed as a
reference to the Authority--
(a) so far as the reference relates to any
period on and from the commencement
day; and
(b) if not inconsistent with the subject
matter.
8 Transitional provisions relating to the
Adult Parole Board functions under this
Act
On and from the commencement day--
(a) all rights, assets, debts, liabilities and
obligations of the Adult Parole Board
existing immediately before the
commencement day in relation to the
functions of the DSO division under
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this Act or the Adult Parole Board
under this Act become the rights,
assets, liabilities and obligations of the
Authority; and
(b) the Authority is substituted for the
Adult Parole Board as a party in any
proceeding, contract, agreement,
arrangement, lease, licence or permit
commenced or made by, against or in
relation to the Board in relation to the
functions of the DSO division under
this Act or the Adult Parole Board
under this Act; and
(c) the Authority may continue and
complete any other continuing matter
or thing commenced by, against or in
relation to the Adult Parole Board in
relation to the functions of the DSO
division under this Act or the Adult
Parole Board under this Act.
9 Transfer of records, information and
documents
All information, documents, reports and
records in the possession or control of the
Adult Parole Board immediately before the
commencement day, whether held under this
Act, any other Act or otherwise, in relation
to the functions of the DSO division or the
Adult Parole Board under this Act--
(a) are transferred to the custody of the
Authority on the commencement day;
and
(b) are taken to be information, documents,
reports and records in the possession or
control of the Authority on and from
the commencement day.
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10 Actions not determined
If the Adult Parole Board has received a
request or is required to take an action under
any provision of this Act, but, on the
commencement day, has not determined or
finalised the request or action, on and from
the commencement day, the Authority may
determine or finalise the request or action.".
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Part 5--Consequential amendments to other Acts
Part 5--Consequential amendments
to other Acts
45 Corrections Act 1986
(1) In section 3(1) of the Corrections Act 1986
insert the following definition--
"Post Sentence Authority means the Post
Sentence Authority established by
section 192C of the Serious Sex Offenders
(Detention and Supervision) Act 2009;".
(2) In section 30A(2AA)(ba) of the Corrections
Act 1986, for "Adult Parole Board" substitute
"Post Sentence Authority".
(3) In section 64(2) and (3)(i) of the Corrections
Act 1986, for "sections 64A and 74AAB"
substitute "section 74AAB".
(4) Section 64A of the Corrections Act 1986 is
repealed.
(5) In section 66(1) of the Corrections Act 1986,
for "sections 64A and 74AAB" substitute
"section 74AAB".
(6) In section 66(5) of the Corrections Act 1986
omit ", 64A".
(7) Section 69(1)(ac) of the Corrections Act 1986 is
repealed.
(8) Section 70(2) of the Corrections Act 1986 is
repealed.
(9) In section 72 of the Corrections Act 1986--
(a) subsection (1)(bf) is repealed;
(b) in subsection (4A) for "report--" substitute
"report is serving a sentence of
imprisonment.";
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(c) in subsection (4A), paragraphs (a) and (b)
are repealed;
(d) in subsection (5) omit "the Serious Sex
Offenders (Detention and Supervision)
Act 2009 or".
(10) Section 73(3) of the Corrections Act 1986 is
repealed.
(11) In sections 104F, 104J(1)(b), 104K(3), 104L
and 104M(1)(b) of the Corrections Act 1986, for
"Adult Parole Board" substitute "Post Sentence
Authority".
(12) In section 104ZX of the Corrections Act 1986--
(a) after paragraph (ba) of the definition of
relevant person insert--
"(bb) a member of the Post Sentence
Authority or an employee assisting the
Authority under section 192N of the
Serious Sex Offenders (Detention and
Supervision) Act 2009 to perform the
Authority's functions;
(bc) any person who delivers services or
advice to or on behalf of the Post
Sentence Authority;
(bd) a person or body prescribed as a
responsible agency under paragraph (d)
of the definition of responsible agency
in section 3 of the Serious Sex
Offenders (Detention and
Supervision) Act 2009;";
(b) after paragraph (d) of the definition of
personal or confidential information
insert--
"(da) information given to the Post Sentence
Authority that is not disclosed in a
decision of the Authority or in any
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reasons given by the Authority for a
decision of the Authority;".
46 Criminal Organisations Control Act 2012
(1) In section 3(1) of the Criminal Organisations
Control Act 2012 insert the following
definition--
"Post Sentence Authority means the Post
Sentence Authority established by
section 192C of the Serious Sex Offenders
(Detention and Supervision) Act 2009;".
(2) After section 124A(4)(e)(ii) of the Criminal
Organisations Control Act 2012 insert--
"(iia) the Post Sentence Authority; or".
47 Criminal Procedure Act 2009
In section 3 of the Criminal Procedure Act 2009,
in the definition of original jurisdiction--
(a) in paragraph (e), after "1991;" insert "and";
(b) after paragraph (e) insert--
"(f) a proceeding for a related offence that
is a summary offence heard under
section 172AC of the Serious Sex
Offenders (Detention and
Supervision) Act 2009;".
48 Disability Act 2006
(1) In section 3(1) of the Disability Act 2006 insert
the following definition--
"Post Sentence Authority means the Post
Sentence Authority established by
section 192C of the Serious Sex Offenders
(Detention and Supervision) Act 2009;".
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(2) In section 152(4) of the Disability Act 2006--
(a) in paragraph (a) omit "or (2)(e)";
(b) after paragraph (a) insert--
"(ab) in the case of an order specified in
subsection (2)(e), the Post Sentence
Authority; and".
49 Health Records Act 2001
In section 3(1) of the Health Records Act 2001,
after paragraph (k) of the definition of law
enforcement agency insert--
"(ka) the Post Sentence Authority established by
section 192C of the Serious Sex Offenders
(Detention and Supervision) Act 2009; or".
50 Privacy and Data Protection Act 2014
In section 3 of the Privacy and Data Protection
Act 2014, in the definition of law enforcement
agency, after paragraph (l) insert--
"(la) the Post Sentence Authority established by
section 192C of the Serious Sex Offenders
(Detention and Supervision) Act 2009; or".
51 Public Prosecutions Act 1994
After section 22(1)(ab)(ii) of the Public
Prosecutions Act 1994 insert--
"(iii) a summary offence which has been
transferred to the Supreme Court or the
County Court under section 172AB of the
Serious Sex Offenders (Detention and
Supervision) Act 2009;
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Part 5--Consequential amendments to other Acts
(iv) a summary offence which is to be heard and
determined by the Supreme Court or the
County Court under section 172AC of the
Serious Sex Offenders (Detention and
Supervision) Act 2009;".
52 Sentencing Act 1991
(1) In section 3(1) of the Sentencing Act 1991 insert
the following definition--
"Post Sentence Authority means the Post
Sentence Authority established by
section 192C of the Serious Sex Offenders
(Detention and Supervision) Act 2009;".
(2) In section 5(2BA)(a), (2BB)(b), (2BD)(a)
and (2BE)(b) of the Sentencing Act 1991, for
"Adult Parole Board" substitute "Post Sentence
Authority".
(3) In section 160 of the Sentencing Act 1991
(where secondly occurring), for "160"
substitute "160A".
53 Victims' Charter Act 2006
(1) In section 3(1) of the Victims' Charter Act 2006
insert the following definition--
"Post Sentence Authority means the Post
Sentence Authority established by
section 192C of the Serious Sex Offenders
(Detention and Supervision) Act 2009;".
(2) In section 17(4) of the Victims' Charter
Act 2006, for "Adult Parole Board" substitute
"Post Sentence Authority".
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Part 6--Repeal of amending Act
Part 6--Repeal of amending Act
54 Repeal of amending Act
This Act is repealed on 1 September 2019.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Serious Sex Offenders (Detention and Supervision) Act 2009 and the
Corrections Act 1986, to consequentially amend other Acts and for other
purposes."
By Authority. Government Printer for the State of Victoria.
63
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