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PARLIAMENT OF VICTORIA
Serious Sex Offenders Monitoring Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose and outline 1
2. Commencement 2
3. Definitions 2
4. Who is an eligible offender? 5
PART 2--EXTENDED SUPERVISION ORDERS 7
Division 1--Application for Extended Supervision Order 7
5. Secretary may apply for an extended supervision order 7
6. Application must be accompanied by an assessment report 7
7. Who can make an assessment report? 7
8. What is in an assessment report? 8
9. Service of application and other documents on offender 9
10. Hearing of application 9
11. When may a court make an extended supervision order? 10
Division 2--Extended Supervision Orders 12
12. Extended supervision order 12
13. Commencement of extended supervision order 13
14. Duration of extended supervision order 13
15. Conditions of extended supervision order 13
16. Instructions and directions in relation to extended supervision
order 14
17. Expiry of extended supervision order 16
18. Revival of extended supervision order 17
19. Suspension of extended supervision order 17
20. Notice of suspension 18
Division 3--Review of Extended Supervision Orders 19
21. Review of extended supervision order 19
22. Procedure on review application 20
23. Determination of review 21
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Clause Page
Division 4--Renewal of Extended Supervision Orders 22
24. Renewal of extended supervision order 22
25. Renewed extended supervision order 23
Division 5--General Provisions relating to Proceedings 24
26. Nature of proceedings 24
27. Directions hearings 24
28. Court may order offender to attend for examination 24
29. Attendance of offender at hearings 25
30. Power to issue arrest warrant 25
31. Execution of arrest warrant 26
32. Adjournment of hearing 27
33. Legal representation 28
34. Matters to which court may have regard 28
35. Reasons for decisions 28
PART 3--APPEALS 29
36. Appeals by offenders 29
37. Appeals by the Secretary 29
38. Procedure for appeals 30
39. Powers of Court of Appeal 30
PART 4--BREACH OF EXTENDED SUPERVISION ORDER 32
40. Breach of order is an offence 32
41. Procedure on breach offence 32
PART 5--MISCELLANEOUS 34
42. Suppression orders 34
43. Sharing of information 35
44. Restriction on disclosure of personal information by Adult
Parole Board 35
45. Service of documents 36
46. Regulations 36
47. Amendment of Corrections Act 1986 36
48. Amendment of Sentencing Act 1991 38
__________________
SCHEDULE 39
ENDNOTES 43
INDEX 44
ii
551331B.I1-21/2/2005 BILL LA INTRODUCTION 21/2/2005
PARLIAMENT OF VICTORIA
A BILL
to enhance the protection of the community by requiring offenders
who have served custodial sentences for certain sexual offences and
who are a serious danger to the community to be subject to ongoing
supervision while in the community, to amend the Corrections Act
1986 and the Sentencing Act 1991 and for other purposes.
Serious Sex Offenders Monitoring Act
2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose and outline
(1) The main purpose of this Act is to enhance the
protection of the community by requiring
offenders who have served custodial sentences for
5
certain sexual offences and who are a serious
1
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Act No.
Part 1--Preliminary
s. 2
danger to the community to be subject to ongoing
supervision while in the community.
(2) In outline this Act--
(a) defines the class of sex offender to whom it
applies; and
5
(b) empowers the Supreme Court or County
Court to make an extended supervision order
of up to 15 years in respect of an eligible
offender on the application of the Secretary
to the Department of Justice; and
10
(c) gives functions to the Adult Parole Board in
relation to giving instructions or directions in
respect of an extended supervision order and
supervising offenders who are subject to
such an order; and
15
(d) provides for the suspension, review and
renewal of extended supervision orders.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
20
(2) If this Act does not come into operation before
1 July 2005, it comes into operation on that day.
3. Definitions
(1) In this Act--
"Adult Parole Board" means Adult Parole
25
Board established by section 61 of the
Corrections Act 1986;
"approved mental health service" has the same
meaning as in the Mental Health Act 1986;
"assessment report" means a report of a kind
30
referred to in section 8;
"child" means a person who is under the age of
18 years;
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"custodial sentence" means--
(a) an order made by a court sentencing an
offender to be imprisoned or detained
in a prison or police gaol in respect of
an offence; or
5
(b) an order made under section 93(1)(e) of
the Sentencing Act 1991;
"custodial supervision order" has the same
meaning as in the Crimes (Mental
Impairment and Unfitness to be Tried)
10
Act 1997;
"Department" means Department of Justice;
"eligible offender" has the meaning set out in
section 4;
"extended supervision order" means an order
15
made by a court on an application under
Division 1 of Part 2 and includes a renewed
extended supervision order made under
Division 4 of Part 2;
"forensic patient" has the same meaning as in
20
the Mental Health Act 1986;
"forensic resident" has the same meaning as in
the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997;
"health service provider" has the same meaning
25
as "provider" has in the Health Services
(Conciliation and Review) Act 1987;
"hospital order" means an order made under
section 93(1)(d) of the Sentencing Act 1991;
"hospital security order" means an order made
30
under section 93(1)(e) of the Sentencing Act
1991;
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"hospital transfer order" has the same meaning
as in the Mental Health Act 1986;
"indefinite sentence" has the same meaning as in
the Sentencing Act 1991;
"involuntary patient" has the same meaning as
5
in the Mental Health Act 1986;
"medical expert" means a psychologist,
psychiatrist or other health service provider
of a kind prescribed for the purposes of
section 7;
10
"parole order" means an order under section 74
of the Corrections Act 1986;
"police gaol" has the same meaning as in the
Corrections Act 1986;
"prison" has the same meaning as in the
15
Corrections Act 1986;
"psychologist" means--
(a) a psychologist registered under
section 6 of the Psychologists
Registration Act 2000; or
20
(b) a person who is qualified in accordance
with section 5 of the Psychologists
Registration Act 2000 to be registered
under section 6 of that Act; or
(c) a person who practises psychology in a
25
place out of Victoria;
"relevant offence" means an offence listed in the
Schedule;
"restricted hospital transfer order" has the
same meaning as in the Mental Health Act
30
1986;
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"Secretary" means Secretary to the Department;
"security patient" has the same meaning as in
the Mental Health Act 1986;
"working day"--
(a) in relation to a court, means a day on
5
which the offices of the court are open;
and
(b) in relation to the Secretary, means a day
on which the principal office of the
Department is open.
10
(2) For the purposes of this Act an offender is serving
a sentence even if he or she is released on parole
in respect of that sentence from the prison, police
gaol or approved mental health service in which
he or she has been serving that sentence.
15
(3) For the purposes of this Act a person is on parole
if there is in force a parole order relating to the
person and the person is serving a sentence of
imprisonment but is not detained in a prison,
police gaol or approved mental health service.
20
(4) If under the Public Administration Act 2004 the
name of the Department of Justice is changed, the
reference in the definition of "Department" to that
Department must, from the date when the name is
changed, be treated as a reference to the
25
Department by its new name.
4. Who is an eligible offender?
(1) Subject to sub-section (2), an eligible offender is a
person--
(a) on whom a court has at any time (whether
30
before, on or after the commencement of this
Act) imposed a custodial sentence in respect
of a relevant offence; and
5
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(b) who, at the time at which an application is
made under Division 1 of Part 2 for an
extended supervision order in respect of him
or her, is serving--
(i) a custodial sentence referred to in
5
paragraph (a) (a "relevant sentence");
or
(ii) another custodial sentence served
concurrently with the relevant sentence
or cumulatively on the relevant
10
sentence or on another sentence that
was uncompleted at the time of
completion of the relevant sentence,
whether that other sentence was, or
those other sentences were, imposed
15
before, at the same time or after the
relevant sentence.
(2) A person is not an eligible offender if--
(a) the conviction or finding of guilt in respect
of the only relevant offence that makes him
20
or her an eligible offender is quashed or set
aside by a court; or
(b) his or her sentence in respect of that offence
is altered so that he or she would not have
been an eligible offender had the amended
25
sentence been the original sentence.
__________________
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Part 2--Extended Supervision Orders
s. 5
PART 2--EXTENDED SUPERVISION ORDERS
Division 1--Application for Extended Supervision Order
5. Secretary may apply for an extended supervision
order
(1) The Secretary may apply to a court for an
5
extended supervision order in respect of an
offender who then is an eligible offender.
(2) The court to which an application may be made
is--
(a) the court that sentenced the offender for the
10
relevant offence, if that court was the
Supreme Court or the County Court; or
(b) the County Court if the Magistrates' Court
sentenced the offender for the relevant
offence.
15
(3) An application may continue to be dealt with and
determined by a court even if since it was made
the offender has ceased to be an eligible offender
because he or she is no longer serving a custodial
sentence as required by section 4(1)(b).
20
6. Application must be accompanied by an assessment
report
An application under section 5 must be
accompanied by at least one assessment report.
7. Who can make an assessment report?
25
(1) An assessment report can only be made by--
(a) a psychologist; or
(b) a psychiatrist; or
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(c) any other health service provider of a kind
prescribed for the purposes of this section--
following a personal examination of the offender.
(2) A medical expert may still make an assessment
report even if the offender does not cooperate, or
5
does not cooperate fully, in the examination by the
expert.
8. What is in an assessment report?
(1) An assessment report must address the following
matters in relation to the offender--
10
(a) whether or not the offender has a propensity
to commit relevant offences in the future;
(b) the pattern and progression to date of sexual
offending behaviour on the part of the
offender and an indication of the nature of
15
any likely future sexual offending behaviour
on his or her part;
(c) efforts made to date by the offender to
address the causes of his or her sexual
offending behaviour, including whether he or
20
she has actively participated in any
rehabilitation programs;
(d) if the offender has participated in any
rehabilitation programs, whether or not this
participation has had a positive effect on him
25
or her;
(e) relevant background of the offender,
including developmental and social factors
and other offending behaviour;
(f) factors that might increase or decrease any
30
identified risks;
(g) any other relevant matters.
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(2) An assessment report must state--
(a) the medical expert's assessment of the risk
that the offender will commit another
relevant offence if released in the community
and not made subject to an extended
5
supervision order; and
(b) his or her reasons for that assessment.
9. Service of application and other documents on
offender
As soon as practicable after making an application
10
under section 5, the Secretary must cause the
following to be served on the offender--
(a) a copy of the application;
(b) a copy of any assessment report that
accompanied the application;
15
(c) a notice in the prescribed form setting out the
offender's rights in relation to, and the
procedure for the hearing and determination
of, the application.
10. Hearing of application
20
(1) The court to which an application is made under
section 5 may only begin to hear the application--
(a) after at least 25 working days have passed
since it was made; and
(b) if satisfied that the offender has had a
25
reasonable opportunity to obtain legal
representation and an independent
assessment report.
(2) A court may adjourn the hearing of an application
to enable the offender to obtain legal
30
representation or an independent assessment
report or both.
9
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(3) An offender who obtains an independent
assessment report must cause--
(a) a copy to be filed in court; and
(b) a copy to be served on the Secretary--
as soon as practicable after obtaining it.
5
(4) An offender may obtain more than one
independent assessment report.
(5) A court may resume a hearing that was adjourned
by it in accordance with sub-section (2) even
though the offender is not legally represented or
10
has not obtained an independent assessment report
if satisfied that he or she has had a reasonable
opportunity to do so.
(6) The court may direct the Secretary or the
offender--
15
(a) to obtain, within the period specified by the
court, another assessment report or a report
of any other kind to assist it in determining
the application; and
(b) to cause a copy of that report to be filed in
20
court and served on the other party as soon
as practicable after obtaining it.
11. When may a court make an extended supervision
order?
(1) A court may only make an extended supervision
25
order in respect of an offender if it is satisfied, to a
high degree of probability, that the offender is
likely to commit a relevant offence if released in
the community on completion of the service of
any custodial sentence that he or she is serving, or
30
was serving at the time at which the application
was made, and not made subject to an extended
supervision order.
10
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(2) The Secretary has the onus of proving the
existence of the likelihood referred to in sub-
section (1).
(3) In determining whether the offender is likely to
commit a relevant offence in the circumstances
5
described in sub-section (1), the court must,
subject to sub-section (5), have regard to--
(a) any assessment report filed in court, whether
by or on behalf of the Secretary or the
offender; and
10
(b) any other report made, or evidence given, by
a medical expert--
and may have regard to anything else that it
considers appropriate.
(4) The Secretary or the offender may file with the
15
court a notice of intention to dispute the whole or
any part of an assessment report or other report
made to the court by a medical expert.
(5) If a notice is filed under sub-section (4) before the
application is determined, the court must not take
20
the report or the part in dispute (as the case
requires) into consideration in determining the
application unless the party that filed the notice
has been given the opportunity--
(a) to lead evidence on the disputed matters; and
25
(b) to cross-examine the author of the report on
its contents.
(6) If the court makes an extended supervision order,
the Secretary must cause a copy of the order to be
given as soon as practicable to the Adult Parole
30
Board.
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Division 2--Extended Supervision Orders
12. Extended supervision order
(1) An extended supervision order must state that the
court making it is satisfied that the offender is
likely to commit a relevant offence if released in
5
the community in the circumstances referred to in
section 11(1).
(2) An extended supervision order must also
specify--
(a) the name of the offender in respect of whom
10
the order is made; and
(b) the date on which the order is made; and
(c) the date on which the order commences as
provided by section 13; and
(d) the period of the order as provided by
15
section 14; and
(e) the conditions of the order as provided by
section 15; and
(f) the latest date by which the first review
of the order must be undertaken under
20
Division 3 and the maximum intervals
between subsequent reviews.
(3) An extended supervision order (the "new order")
made in respect of an offender who is already
subject to an extended supervision order (the "old
25
order") replaces the old order and the old order
is, by force of the making of the new order,
revoked.
(4) An extended supervision order must be signed by
the judge comprising the court that made it and
30
include his or her name.
12
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13. Commencement of extended supervision order
(1) If at the time of the making of an extended
supervision order the offender is serving a
custodial sentence, the order commences on the
day on which he or she completes the service of
5
any custodial sentence to which he or she was
subject at that time.
(2) If at the time of the making of an extended
supervision order the offender is not serving a
custodial sentence, the order commences on the
10
commencement date specified in it.
14. Duration of extended supervision order
(1) Unless sooner revoked, the period of an extended
supervision order is the period (not exceeding
15 years) determined by the court and specified in
15
the order.
(2) If an extended supervision order is to replace
another extended supervision order, the period of
the new extended supervision order is, unless the
new order is sooner revoked, the period (not
20
exceeding 15 years) determined by the court and
specified in the new order, irrespective of how
much of the other order remained unexpired at the
time it was revoked.
15. Conditions of extended supervision order
25
(1) An extended supervision order must have all the
conditions set out in sub-section (3) attached to it.
(2) The purposes of the conditions are--
(a) to ensure that the community is adequately
protected by monitoring the offender;
30
(b) to promote the rehabilitation, and the care
and treatment, of the offender.
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(3) The conditions of an extended supervision order
are that during the period of the order the offender
must--
(a) not commit, whether in or outside Victoria,
another relevant offence or an offence that, if
5
committed in Victoria, would be a relevant
offence;
(b) attend at any place as directed by the
Secretary or the Adult Parole Board for the
purpose of supervision, assessment or
10
monitoring;
(c) report to, and receive visits from, the
Secretary or any person nominated by the
Secretary for the purposes of this paragraph;
(d) notify the Secretary of any change of name
15
or employment at least 2 clear working days
before the change;
(e) not move to a new address without the prior
written consent of the Secretary;
(f) not leave Victoria except with the permission
20
of the Secretary granted either generally or in
relation to the particular case;
(g) obey all lawful instructions and directions of
the Secretary given under section 16(1);
(h) obey all lawful instructions and directions of
25
the Adult Parole Board given under section
16(2).
16. Instructions and directions in relation to extended
supervision order
(1) For the purposes of section 15(3)(g) the Secretary
30
may give to an offender who is subject to an
extended supervision order any instruction or
direction that the Secretary considers necessary to
ensure the effective and efficient implementation
and administration of the conditions of the order.
35
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(2) For the purposes of section 15(3)(h) the Adult
Parole Board may give to an offender who is
subject to an extended supervision order any
instruction or direction that the Board considers
necessary to achieve the purposes of the
5
conditions of the order set out in section 15(2).
(3) Without limiting sub-section (2), instructions or
directions given by the Adult Parole Board may
include instructions or directions as to--
(a) where the offender may reside;
10
(b) times at which the offender must be at home;
(c) places or areas that the offender must not
visit or may only visit at specified times;
(d) treatment or rehabilitation programs or
activities that the offender must attend and
15
participate in;
(e) the types of employment in which the
offender must not engage;
(f) community activities in which the offender
must not engage;
20
(g) persons or classes of person with whom the
offender must not have contact;
(h) forms of monitoring (including electronic
monitoring) of compliance with the extended
supervision order to which the offender must
25
submit;
(i) personal examinations by a medical expert
for which the offender must attend for the
purpose of the Board being given a report by
the expert to assist it in determining the need
30
for, or form of, any instruction or direction
under this section.
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(4) The Secretary or the Adult Parole Board may at
any time vary an instruction or direction given
under this section by the Secretary or the Board,
as the case requires.
(5) The Adult Parole Board must ensure that written
5
notice of any instruction or direction given by it
under this section, or of any variation of such an
instruction or direction, is served on the offender
as soon as practicable after the instruction or
direction is given or varied, as the case requires.
10
17. Expiry of extended supervision order
(1) An extended supervision order expires--
(a) at the end of its period of operation; or
(b) on its revocation by a court on a review
under Division 3; or
15
(c) on it being replaced by another extended
supervision order; or
(d) on the offender being taken into custody to
undergo service of an indefinite sentence.
(2) The Director of Public Prosecutions must ensure
20
that the Secretary is notified as soon as practicable
if an indefinite sentence is imposed on an offender
who is subject to an extended supervision order.
(3) As soon as practicable after being notified under
sub-section (2), the Secretary must cause notice of
25
the indefinite sentence and of its effect on the
extended supervision order to be given to the
Adult Parole Board.
(4) If an extended supervision order expires by force
of sub-section (1)(d), the Secretary must cause
30
notice of that expiry, and of the effect of section
18(1), to be served on the offender as soon as
practicable.
16
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(5) On the expiry of an extended supervision order,
the offender ceases to be subject to the conditions
of the order and to any instructions or directions
given by the Secretary or the Adult Parole Board
in relation to it under section 16.
5
18. Revival of extended supervision order
(1) If the sentence referred to in section 17(1)(d) is
subsequently quashed or set aside by a court, the
extended supervision order is then revived and the
period between then and the day on which the
10
order expired by force of that section must be
taken to have been a period of suspension arising
by force of section 19.
(2) The Director of Public Prosecutions must ensure
that the Secretary is notified as soon as practicable
15
if an indefinite sentence imposed on an offender
who is subject to an extended supervision order is
subsequently quashed or set aside by a court.
(3) As soon as practicable after being notified under
sub-section (2), the Secretary must cause notice of
20
the quashing or setting aside of the indefinite
sentence and of its effect on the extended
supervision order to be given to the Adult Parole
Board.
(4) If an extended supervision order is revived by
25
force of sub-section (1), the Secretary must cause
notice of that revival, and of the date on which it
was revived, to be served on the offender as soon
as practicable.
19. Suspension of extended supervision order
30
(1) The operation of an extended supervision order is
by force of this section suspended during any
period when the offender--
(a) is in the legal custody of the Secretary or the
Chief Commissioner of Police as specified
35
by Part 1A of the Corrections Act 1986; or
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(b) is in custody as a forensic patient or forensic
resident under a custodial supervision order;
or
(c) is detained in an approved mental health
service as a security patient under a hospital
5
security order or a restricted hospital transfer
order; or
(d) is detained in an approved mental health
service as an involuntary patient under a
hospital order or a hospital transfer order.
10
(2) The operation of an extended supervision order
recommences on it ceasing to be suspended by
force of this section.
(3) Any period of suspension arising by force of this
section does not count in calculating the period of
15
the order still remaining.
(4) While the operation of an extended supervision
order is suspended, the offender is not subject to
the conditions of the order or to any instructions
or directions given by the Secretary or the Adult
20
Parole Board in relation to it under section 16.
20. Notice of suspension
(1) The Secretary must cause notice of an event
referred to in section 19(1)(a), and of the
suspension of the extended supervision order
25
because of that event, to be given to the Adult
Parole Board as soon as practicable after the
occurrence of the event.
(2) If the Secretary within the meaning of the Mental
Health Act 1986 is or becomes aware that the
30
person in relation to whom an event of a kind
referred to in section 19(1)(b), (c) or (d) has
occurred is a person subject to an extended
supervision order, he or she must cause notice of
that event to be given to the Secretary as soon as
35
practicable.
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(3) As soon as practicable after being notified of an
event under sub-section (2), the Secretary must
cause notice of that event, and of the suspension
of the extended supervision order because of that
event, to be given to the Adult Parole Board.
5
(4) If the operation of an extended supervision order
is suspended by force of section 19, the Secretary
must cause notice of that suspension, and of the
effect of section 19(2), (3) and (4), to be served on
the offender as soon as practicable.
10
(5) If the Secretary within the meaning of the Mental
Health Act 1986 is or becomes aware that a
person who has been, or is about to be, released
from custody or detention of a kind referred to in
section 19(1)(b), (c) or (d) is a person subject to
15
an extended supervision order, he or she must
cause notice of that release or proposed release to
be given to the Secretary as soon as practicable.
(6) If the operation of an extended supervision order
is, or is about to be, recommenced by force of
20
section 19, the Secretary must cause notice of that
fact, and of the date of the recommencement, to be
given to the Adult Parole Board and served on the
offender as soon as practicable.
Division 3--Review of Extended Supervision Orders
25
21. Review of extended supervision order
(1) The court that made an extended supervision order
must undertake a review of the order--
(a) no later than 3 years after it was first made or
any earlier first review date specified in the
30
order under section 12(2)(f); and
(b) thereafter at intervals of no more than
3 years or any shorter intervals specified in
the order under section 12(2)(f).
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Part 2--Extended Supervision Orders
s. 22
(2) The Secretary--
(a) must apply to the court for the undertaking
by it of reviews as required by sub-
section (1); and
(b) may apply to the court at any time for it to
5
undertake a review of an extended
supervision order made by it.
(3) The offender, with the leave of the court, may
apply to the court at any time for it to undertake a
review of an extended supervision order made by
10
it.
(4) The purpose of a review, however initiated, is to
determine whether the offender should remain
subject to the extended supervision order.
22. Procedure on review application
15
(1) Sections 6 to 10 (with any necessary
modifications) apply to an application under
section 21(2) by the Secretary in the same way as
they apply to an application under section 5.
(2) If the offender makes an application under section
20
21(3), he or she must, as soon as practicable after
making it, cause a copy of the application to be
served on the Secretary.
(3) The Secretary must, within 30 working days after
the making of an application under this section by
25
the offender or any longer period allowed by the
court, obtain an assessment report or more than
one assessment report and must cause a copy of
any such report to be--
(a) filed in court; and
30
(b) served on the offender--
as soon as practicable after obtaining it.
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Act No.
Part 2--Extended Supervision Orders
s. 23
23. Determination of review
(1) On a review under this Division, the court must
revoke the extended supervision order unless
satisfied, to a high degree of probability, that the
offender is likely to commit a relevant offence if
5
in the community and not subject to the extended
supervision order.
(2) The Secretary has the onus of proving the
existence of the likelihood referred to in sub-
section (1), whether or not the Secretary applied
10
for the review.
(3) In determining whether the offender is likely to
commit a relevant offence in the circumstances
described in sub-section (1), the court must,
subject to sub-section (5), have regard to--
15
(a) any assessment report filed in court, whether
by or on behalf of the applicant or the
respondent; and
(b) any other report made, or evidence given, by
a medical expert--
20
and may have regard to anything else that it
considers appropriate.
(4) A party may file with the court a notice of
intention to dispute the whole or any part of an
assessment report or other report made to the
25
court by a medical expert.
(5) If a notice is filed under sub-section (4) before the
application is determined, the court must not take
the report or the part in dispute (as the case
requires) into consideration in determining the
30
application unless the party that filed the notice
has been given the opportunity--
(a) to lead evidence on the disputed matters; and
(b) to cross-examine the author of the report on
its contents.
35
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Act No.
Part 2--Extended Supervision Orders
s. 24
(6) A court on a review need not be constituted by the
same judge who constituted the court when it
made the extended supervision order.
(7) If the court revokes the extended supervision
order on a review, the Secretary must cause a
5
copy of the revoking order to be given as soon as
practicable to the Adult Parole Board.
Division 4--Renewal of Extended Supervision Orders
24. Renewal of extended supervision order
(1) The Secretary may, at any time while an extended
10
supervision order is in force, apply to the court
that made the order for it to be renewed.
(2) An application may continue to be dealt with and
determined by the court even if since it was made
the extended supervision order sought to be
15
renewed has expired.
(3) Sections 6 to 11 (with any necessary
modifications) apply to an application under sub-
section (1) in the same way as they apply to an
application under section 5.
20
(4) More than one application may be made under
sub-section (1) for the renewal of an extended
supervision order in respect of an offender.
(5) An order renewing an extended supervision order
takes effect--
25
(a) immediately on the expiry of the order
sought to be renewed if that order is still in
force at the time the renewing order is made;
or
(b) on the commencement date specified in it if
30
the order sought to be renewed has expired
by the time the renewing order is made.
22
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Act No.
Part 2--Extended Supervision Orders
s. 25
(6) If the court makes an order renewing an extended
supervision order, the Secretary must cause a copy
of the renewing order to be given as soon as
practicable to the Adult Parole Board.
(7) This Act applies to a renewed extended
5
supervision order in the same way as it applies to
any other extended supervision order.
(8) The expiry, before the making of the renewing
order, of the extended supervision order sought to
be renewed does not prevent the renewing order
10
being made or it having effect as a renewed
extended supervision order.
25. Renewed extended supervision order
(1) A renewed extended supervision order must state
that the court making it is satisfied that the
15
offender is likely to commit a relevant offence if
in the community and not subject to an extended
supervision order.
(2) A renewed extended supervision order must also
specify--
20
(a) the name of the offender in respect of whom
the order is made; and
(b) the date on which the order is made; and
(c) the date on which the order takes effect as
provided by section 24(5); and
25
(d) the period of the order as provided by
section 14; and
(e) the conditions of the order as provided by
section 15; and
(f) the latest date by which the first review of
30
the order must be undertaken under
Division 3 and the maximum intervals
between subsequent reviews.
23
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Act No.
Part 2--Extended Supervision Orders
s. 26
(3) A renewed extended supervision order must be
signed by the judge comprising the court that
made it and include his or her name.
Division 5--General Provisions relating to Proceedings
26. Nature of proceedings
5
Proceedings on an application under this Part are
criminal in nature, except as otherwise provided
by this Act.
27. Directions hearings
(1) The court to which an application is made under
10
this Part may fix a date (no earlier than a
reasonable number of working days ahead) for a
directions hearing to be conducted in relation to
the hearing of the application.
(2) The court must cause notice of the date of a
15
directions hearing to be served on each party to
the application as soon as practicable after fixing a
date under sub-section (1).
(3) At a directions hearing the court may give such
directions as it thinks necessary about the hearing
20
of the application.
28. Court may order offender to attend for examination
(1) The court to which an application is made under
this Part may at any time order the offender to
whom the application relates to attend for a
25
personal examination by a medical expert or any
other person for the purpose of enabling that
expert or other person to make a report, or give
evidence, to the court.
(2) Nothing in this section empowers the making of
30
an order that would require an offender to submit
to a personal examination or in any way actively
to cooperate in the carrying out of a personal
examination.
24
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Act No.
Part 2--Extended Supervision Orders
s. 29
29. Attendance of offender at hearings
(1) Subject to this section, the offender must be
present during the hearing of any application
under this Part.
(2) If the offender acts in a way that makes the
5
hearing in the offender's presence impracticable,
the court may order that the offender be removed
and the hearing continue in his or her absence.
(3) If the offender is unable to be present at a hearing
because of illness or for any other reason, the
10
court may proceed with the hearing in his or her
absence if it is satisfied that--
(a) doing so will not prejudice the offender's
interests; and
(b) the interests of justice require that the
15
hearing should proceed even in the absence
of the offender.
30. Power to issue arrest warrant
(1) If the offender fails to appear at a hearing under
this Part, the court may, on application by the
20
Secretary, issue a warrant for the arrest of the
offender if satisfied by evidence on oath or by
affidavit--
(a) that notice of the hearing was served on the
offender; or
25
(b) that there are reasonable grounds to believe
that the offender is evading service of notice
of the hearing.
(2) A court may also issue an arrest warrant if
satisfied that an offender who is the subject of an
30
application made to it under this Part has
absconded or is unlikely to attend a hearing held
under this Part.
25
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Serious Sex Offenders Monitoring Act 2005
Act No.
Part 2--Extended Supervision Orders
s. 31
31. Execution of arrest warrant
(1) A warrant issued under section 30 may be
executed by any member of the police force and
the person executing it has power to break into
and enter any premises, vessel, aircraft or vehicle
5
for the purpose of executing it.
(2) The warrant may be executed even if the warrant
is not at the time in the possession of the person
executing it.
(3) A person executing the warrant may only use the
10
reasonable force that is necessary for the
execution of the warrant.
(4) If the offender is arrested under the warrant, he or
she must be brought, as soon as practicable,
before the court which may--
15
(a) admit him or her to bail, with any security
that the court thinks fit, on any conditions
that the court thinks necessary to ensure his
or her appearance at the hearing under this
Part; or
20
(b) order his or her continued detention in police
custody for the purpose of ensuring his or
her appearance at the hearing under this Part
until the conclusion of the hearing; or
(c) if the court is satisfied that there are
25
reasonable grounds to believe that it is
necessary to prevent the offender from
escaping from police custody, order the
detention of the offender in a prison or a
police gaol for the purpose of ensuring his or
30
her appearance at the hearing under this Part
until the conclusion of the hearing; or
(d) order the release of the offender.
26
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Act No.
Part 2--Extended Supervision Orders
s. 32
(5) If an offender is detained under this section, he or
she must, within 14 days after he or she was
brought, or last brought, before the court in
accordance with this section, or within such
shorter or longer time as the court has fixed on his
5
or her last previous appearance before the court
under this section, be again brought before the
court which may then exercise any of the powers
of the court under sub-section (4).
(6) If an offender detained in police custody under
10
this section, other than an offender detained in
accordance with an order made under sub-section
(4)(c), is required to be detained overnight, the
Chief Commissioner of Police must arrange for
the offender to be provided with accommodation
15
and meals to a standard comparable to that
generally provided to jurors kept together
overnight.
(7) If an offender is detained in a prison in accordance
with an order made under sub-section (4)(c) or is
20
otherwise in custody or detention of a kind
referred to in section 19(1), the court may make
an order for the offender to be delivered into the
custody of a member of the police force for the
purpose of bringing him or her before the court on
25
the hearing of any application under this Part.
32. Adjournment of hearing
(1) The court hearing an application under this Part
may, on the application of a party to the
proceeding or without any such application,
30
adjourn the hearing of the proceeding--
(a) to such times and places; and
(b) for such purposes; and
(c) on such terms as to costs or otherwise--
as it considers necessary or just in the
35
circumstances.
27
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Act No.
Part 2--Extended Supervision Orders
s. 33
(2) On an adjournment the Bail Act 1977 applies,
with any necessary modifications, to and in
respect of an offender who is being held in
custody as if the offender were accused of an
offence and were being held in custody in relation
5
to that offence.
33. Legal representation
The offender is entitled to be legally represented
at the hearing of any application under this Part.
34. Matters to which court may have regard
10
Without limiting any other provision of this Act,
the court hearing and determining an application
under this Part may have regard to--
(a) whether the offender cooperated, or
cooperated fully, in the preparation of an
15
assessment report; and
(b) if the offender did not cooperate, or did not
cooperate fully, in the preparation of an
assessment report, his or her reasons for this.
35. Reasons for decisions
20
A court that determines an application under this
Part must--
(a) state the reasons for its decision; and
(b) cause those reasons to be entered in the
records of the court; and
25
(c) cause a copy of any order made by it to be
served on the Secretary and the offender.
__________________
28
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Serious Sex Offenders Monitoring Act 2005
Act No.
Part 3--Appeals
s. 36
PART 3--APPEALS
36. Appeals by offenders
(1) In this section, "relevant decision" means a
decision made by a court under Part 2--
(a) to make an extended supervision order in
5
respect of an offender; or
(b) to renew an extended supervision order to
which an offender is subject; or
(c) not to revoke an extended supervision order
on a review initiated by an offender under
10
Division 3 of that Part.
(2) An offender who is subject to an extended
supervision order may appeal to the Court of
Appeal against a relevant decision.
37. Appeals by the Secretary
15
(1) In this section, "relevant decision" means a
decision made by a court under Part 2--
(a) not to make an extended supervision order;
or
(b) not to renew an extended supervision order;
20
or
(c) to revoke an extended supervision order on a
review initiated by an offender under
Division 3 of that Part.
(2) The Secretary, if he or she considers that it is in
25
the public interest to do so, may appeal to the
Court of Appeal against a relevant decision.
29
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Serious Sex Offenders Monitoring Act 2005
Act No.
Part 3--Appeals
s. 38
38. Procedure for appeals
(1) If the offender or the Secretary proposes to appeal
under this Part, he or she must, in accordance with
rules of court, give to the Court of Appeal, within
28 days after the day on which the relevant
5
decision was made, notice of appeal setting out
the grounds of the appeal.
(2) As soon as practicable after giving notice of
appeal to the Court of Appeal under sub-section
(1), the appellant must cause a copy of the notice
10
to be served on the respondent to the appeal.
(3) If the Secretary is the appellant, the document
served under sub-section (2) must be accompanied
by a notice in the prescribed form setting out the
offender's rights in relation to, and the procedure
15
for the hearing and determination of, the appeal.
(4) The giving of notice of appeal to the Court of
Appeal does not, unless the court that made the
relevant decision or the Court of Appeal otherwise
orders, stay the operation of the relevant decision.
20
39. Powers of Court of Appeal
(1) On an appeal under this Part, the Court of Appeal
may--
(a) revoke the extended supervision order or the
renewed extended supervision order; or
25
(b) confirm the relevant decision; or
(c) if it thinks that an extended supervision order
should have been made or renewed, quash
the relevant decision and remit the matter to
the court which made that decision, with or
30
without any directions; or
(d) if it thinks that the extended supervision
order should not have been revoked, quash
the relevant decision and make an order
reviving the extended supervision order.
35
30
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Serious Sex Offenders Monitoring Act 2005
Act No.
Part 3--Appeals
s. 39
(2) If the Court of Appeal remits a matter to a court
under sub-section (1)(c), that court must make an
extended supervision order in respect of the
offender in accordance with this Act and any
directions given by the Court of Appeal, even if
5
the offender is not then an eligible offender
because he or she is no longer serving a custodial
sentence as required by section 4(1)(b).
(3) If the Court of Appeal makes an order under sub-
section (1)(d), the period between the making of
10
that order and the revocation of the extended
supervision order must be taken to have been a
period of suspension arising by force of
section 19.
__________________
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Serious Sex Offenders Monitoring Act 2005
Act No.
Part 4--Breach of Extended Supervision Order
s. 40
PART 4--BREACH OF EXTENDED SUPERVISION ORDER
40. Breach of order is an offence
(1) If at any time while an extended supervision order
is in force the offender fails without reasonable
excuse to comply with any condition of it, the
5
offender is guilty of an indictable offence for
which he or she may be proceeded against on a
charge filed by the Secretary.
(2) The Secretary must give the offender at least
14 days notice of his or her intention to file a
10
charge against him or her for an offence against
sub-section (1).
(3) An offender who is guilty of an offence against
sub-section (1) is liable to level 6 imprisonment
(5 years maximum).
15
41. Procedure on breach offence
(1) Despite anything to the contrary in the
Magistrates' Court Act 1989--
(a) on the filing of a charge referred to in section
40(1), an application under section 28(1) of
20
that Act for the issue of a summons to
answer to the charge or a warrant to arrest
may be made to the registrar at any venue of
the Magistrates' Court;
(b) a summons to answer to the charge issued on
25
an application referred to in paragraph (a)
must direct the defendant to attend to answer
the charge at the court which made the
extended supervision order;
32
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Act No.
Part 4--Breach of Extended Supervision Order
s. 41
(c) a warrant to arrest issued on an application
referred to in paragraph (a) authorises the
person to whom it is directed to bring the
defendant when arrested before a bail justice
or before the court which made the extended
5
supervision order to be dealt with according
to law.
(2) Despite anything to the contrary in any Act or rule
of law, the Supreme Court or the County Court
may, if the extended supervision order was made
10
by it, grant a summary hearing of an offence
against section 40(1) and, subject to any rules of
court, the practice and procedure applicable in the
Magistrates' Court to the summary hearing of
indictable offences applies so far as is appropriate
15
to the hearing of the offence.
__________________
33
551331B.I1-21/2/2005 BILL LA INTRODUCTION 21/2/2005
Serious Sex Offenders Monitoring Act 2005
Act No.
Part 5--Miscellaneous
s. 42
PART 5--MISCELLANEOUS
42. Suppression orders
(1) In any proceeding before a court under this Act,
the court, if satisfied that it is in the public interest
to do so, may order--
5
(a) that any evidence given in the proceeding; or
(b) that the content of any report or other
document put before the court in the
proceeding; or
(c) that any information that might enable an
10
offender or another person who has appeared
or given evidence in the proceeding to be
identified--
must not be published except in the manner and to
the extent (if any) specified in the order.
15
(2) An order under this section may be made on the
application of a party or on the court's own
initiative.
(3) A person must not publish or cause to be
published any material in contravention of an
20
order under this section.
Penalty: 500 penalty units in the case of a body
corporate;
120 penalty units or imprisonment for
1 year or both in any other case.
25
34
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Serious Sex Offenders Monitoring Act 2005
Act No.
Part 5--Miscellaneous
s. 43
43. Sharing of information
(1) Except as otherwise provided by an order under
section 42, the Secretary or any other person
employed in the Department may divulge or
communicate to the Adult Parole Board any
5
information obtained under this Act if the person
divulging or communicating that information
believes on reasonable grounds that to do so is
necessary to enable that Board to exercise its
functions under this or any other Act.
10
(2) Except as otherwise provided by an order under
section 42, the Adult Parole Board may divulge or
communicate to the Secretary or any other person
employed in the Department any information
obtained by it under this Act if that Board believes
15
on reasonable grounds that to do so is necessary to
enable the Secretary to exercise his or her
functions under this or any other Act.
(3) Nothing in this section limits or affects any
requirement imposed by any other provision of
20
this Act for the Adult Parole Board to be notified
by the Secretary of any matter.
44. Restriction on disclosure of personal information by
Adult Parole Board
(1) In this section, "personal information" means
25
information about an individual whose identity is
apparent or can reasonably be ascertained from
the information.
(2) The Adult Parole Board must ensure that personal
information obtained by it under this Act is only
30
disclosed by it for law enforcement or judicial
functions or activities and then only to a
government department, public statutory authority
or court or as otherwise required by or under this
or any other Act or any law.
35
35
551331B.I1-21/2/2005 BILL LA INTRODUCTION 21/2/2005
Serious Sex Offenders Monitoring Act 2005
Act No.
Part 5--Miscellaneous
s. 45
45. Service of documents
(1) A document required or permitted by or under this
Act to be served may be served--
(a) in the case of service on an offender, by
delivering it personally to the offender; or
5
(b) in the case of service on the Secretary, by
sending it by post addressed to the Secretary
at the principal office of the Department.
(2) If it appears to the court to which an application
under Part 2 is made, by evidence on oath or by
10
affidavit, that personal service on the offender
cannot be, or is unlikely to be, promptly effected,
the court may make an order for substituted
service.
46. Regulations
15
The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
20
See: 47. Amendment of Corrections Act 1986
Act No.
117/1986.
(1) After section 69(1)(a) of the Corrections Act
Reprint No. 5
1986 insert--
as at
1 January
"(ab) the Serious Sex Offenders Monitoring Act
2004
and
2005; and".
25 amending
Act Nos
(2) After section 70(aa) of the Corrections Act 1986
11/1993,
insert--
2/2002,
53/2003,
14/2004,
"(ab) in supervising persons subject to an extended
74/2004,
supervision order under the Serious Sex
97/2004 and
108/2004.
Offenders Monitoring Act 2005; and".
30 LawToday:
www.dms.
dpc.vic.
gov.au
36
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Serious Sex Offenders Monitoring Act 2005
Act No.
Part 5--Miscellaneous
s. 47
(3) After section 72(1)(bc) of the Corrections Act
1986 insert--
"(bd) details of the number of persons in respect of
whom an extended supervision order was
made under the Serious Sex Offenders
5
Monitoring Act 2005 during that period;
and
(be) the operation of the Serious Sex Offenders
Monitoring Act 2005 during that period;
and".
10
(4) In section 72(4) of the Corrections Act 1986,
after "sentence" insert "or is the subject of an
extended supervision order, or of an application
for an extended supervision order, made under the
Serious Sex Offenders Monitoring Act 2005".
15
(5) In section 72(5) of the Corrections Act 1986,
after "Division 4" insert "or the Serious Sex
Offenders Monitoring Act 2005".
(6) Insert the following heading to section 73 of the
Corrections Act 1986--
20
"Officers subject to Board's directions".
(7) At the end of section 73 of the Corrections Act
1986 insert--
"(2) In relation to an extended supervision order
under the Serious Sex Offenders
25
Monitoring Act 2005, employees of the
Department of Justice provided to the Board
under section 70 are subject to the directions
of the Board.".
37
551331B.I1-21/2/2005 BILL LA INTRODUCTION 21/2/2005
Serious Sex Offenders Monitoring Act 2005
Act No.
Part 5--Miscellaneous
s. 48
48. Amendment of Sentencing Act 1991
See:
Act No.
After section 5(2B) of the Sentencing Act 1991
49/1991.
Reprint No. 7 insert--
as at
1 January
"(2BA) In sentencing an offender, a court--
2004
and
(a) must not have regard to the fact that the
5 amending
offender is subject to an extended
Act Nos
2/2002,
supervision order under the Serious
13/2003,
Sex Offenders Monitoring Act 2005
53/2003,
10/2004,
but, if relevant to the conditions of any
20/2004,
sentence imposed by it, may have
10 49/2004,
59/2004,
regard to the conditions of that order
65/2004,
and the terms of any current directions
72/2004,
87/2004,
or instructions given by the Adult
108/2004 and
Parole Board under section 16 of that
110/2004.
LawToday:
Act;
15 www.dms.
dpc.vic.
(b) must not have regard to any possibility
gov.au
or likelihood of an application being
made under that Act for an extended
supervision order in respect of the
offender.
20
(2BB) For the purposes of sub-section (2BA)(a), the
court may request the Secretary within the
meaning of the Serious Sex Offenders
Monitoring Act 2005 to provide it with a
report setting out--
25
(a) the conditions of the extended
supervision order to which the offender
is subject under that Act; and
(b) the terms of any current directions or
instructions given by the Adult Parole
30
Board under section 16 of that Act in
relation to that order.".
__________________
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551331B.I1-21/2/2005 BILL LA INTRODUCTION 21/2/2005
Serious Sex Offenders Monitoring Act 2005
Act No.
Sch.
SCHEDULE
Section 3(1)
1. An offence against the Crimes Act 1958 that involves sexual
penetration (within the meaning given by section 35(1) of the Crimes
5 Act 1958) of a child.
2. An offence against section 47A of the Crimes Act 1958 (sexual
relationship with child under the age of 16).
3. An offence against section 49A of the Crimes Act 1958 (facilitating
sexual offences against children).
10 4. An offence against section 51(1) of the Crimes Act 1958 (sexual
penetration of person with impaired mental functioning) where the
person against whom the offence is committed is a child.
5. An offence against section 52(1) of the Crimes Act 1958 (sexual
penetration of resident of residential facility) where the person against
15 whom the offence is committed is a child.
6. An offence against section 39 of the Crimes Act 1958 (indecent
assault) where the person against whom the offence is committed is a
child.
7. An offence against section 40(1) of the Crimes Act 1958 (assault with
20 intent to rape) where the person against whom the offence is
committed is a child.
8. An offence against section 47(1) of the Crimes Act 1958 (indecent act
with child under the age of 16).
9. An offence against section 49(1) of the Crimes Act 1958 (indecent act
25 with 16 year old child).
10. An offence against section 51(2) of the Crimes Act 1958 (indecent act
with person with impaired mental functioning) where the person
against whom the offence is committed is a child.
11. An offence against section 52(2) of the Crimes Act 1958 (indecent act
30 with resident of residential facility) where the person against whom
the offence is committed is a child.
12. An offence against section 53 of the Crimes Act 1958 (administration
of drugs etc.) where the person against whom the offence is committed
is a child.
35 13. An offence against section 54 of the Crimes Act 1958 (occupier etc.
permitting unlawful sexual penetration).
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551331B.I1-21/2/2005 BILL LA INTRODUCTION 21/2/2005
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Act No.
Sch.
14. An offence against section 55 of the Crimes Act 1958 (abduction or
detention) where the person against whom the offence is committed is
a child.
15. An offence against section 56 of the Crimes Act 1958 (abduction of
5 child under the age of 16).
16. An offence against section 57 of the Crimes Act 1958 (procuring
sexual penetration by threats or fraud) where the person against whom
the offence is committed is a child.
17. An offence against section 58 of the Crimes Act 1958 (procuring
10 sexual penetration of child under the age of 16).
18. An offence against section 59 of the Crimes Act 1958 (bestiality).
19. An offence against section 60 of the Crimes Act 1958 (soliciting acts
of sexual penetration or indecent acts).
20. An offence against section 60AC of the Crimes Act 1958 (aggravated
15 sexual servitude).
21. An offence against section 60AE of the Crimes Act 1958 (aggravated
deceptive recruiting for commercial sexual services).
22. An offence against section 60B(2) of the Crimes Act 1958 (loitering
near schools etc.).
20 23. An offence against section 68(1) of the Crimes Act 1958 (production
of child pornography).
24. An offence against section 69 of the Crimes Act 1958 (procurement
of minor for child pornography).
25. An offence against section 70(1) of the Crimes Act 1958 (possession
25 of child pornography).
26. An offence against section 70AC of the Crimes Act 1958 (sexual
performance involving a minor).
27. An offence against section 76 of the Crimes Act 1958 (burglary) in
circumstances where the offender entered the building or part of the
30 building as a trespasser with intent to commit a sexual or indecent
assault on a child.
28. An offence against section 77 of the Crimes Act 1958 (aggravated
burglary) in circumstances where the offender entered the building or
part of the building as a trespasser with intent to commit a sexual or
35 indecent assault on a child.
29. An offence against section 5(1) of the Prostitution Control Act 1994
(causing or inducing a child to take part in prostitution).
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551331B.I1-21/2/2005 BILL LA INTRODUCTION 21/2/2005
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Sch.
30. An offence against section 6(1) of the Prostitution Control Act 1994
(obtaining payment for sexual services provided by a child).
31. An offence against section 7(1) of the Prostitution Control Act 1994
(agreement for provision of sexual services by a child).
5 32. An offence against section 11(1) of the Prostitution Control Act
1994 (allowing child to take part in prostitution).
33. An offence against section 57A of the Classification (Publications,
Films and Computer Games) (Enforcement) Act 1995 (publication
or transmission of child pornography).
10 34. An offence against a provision of an Act amended or repealed before
the commencement of this Act of which the necessary elements at the
time it was committed consisted of elements that constitute any of the
offences referred to in items 1 to 33.
35. An offence against section 50BA, 50BB, 50DA or 50DB of the Crimes
15 Act 1914 of the Commonwealth (offences involving sexual intercourse
outside Australia with child under the age of 16).
36. An offence against section 50BC or 50BD of the Crimes Act 1914 of
the Commonwealth.
37. An offence against section 270.6 or 270.7 of the Criminal Code of the
20 Commonwealth, where the person against whom the offence is
committed is a child.
38. An offence against any of the following sections of the Criminal Code
of the Commonwealth--
(i) section 474.19(1) (using a carriage service for child
25 pornography material);
(ii) section 474.20(1) (possessing, controlling, producing,
supplying or obtaining child pornography material for use
through a carriage service);
(iii) section 474.22(1) (using a carriage service for child abuse
30 material);
(iv) section 474.23(1) (possessing, controlling, producing,
supplying or obtaining child abuse material through a carriage
service);
(v) section 474.26 (using a carriage service to procure persons
35 under 16 years of age);
(vi) section 474.27 (using a carriage service to "groom" persons
under 16 years of age).
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Sch.
39. An offence against section 233BAB of the Customs Act 1901 of the
Commonwealth involving items of child pornography or of child
abuse material.
40. An offence an element of which is an intention to commit an offence
5 of a kind listed in this Schedule.
41. An offence of attempting, or of conspiracy or incitement, to commit an
offence of a kind listed in this Schedule.
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551331B.I1-21/2/2005 BILL LA INTRODUCTION 21/2/2005
Serious Sex Offenders Monitoring Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
43
551331B.I1-21/2/2005 BILL LA INTRODUCTION 21/2/2005
Serious Sex Offenders Monitoring Act 2005
Act No.
INDEX
Subject Section
Act
amendments to other Acts 47-48
commencement 2
purpose and outline 1
Adult Parole Board
copies, notice of orders for 11, 20, 23, 24
definition 3
directions, instructions to offenders 15-16
disclosure of information to, by 43-44
notice of indefinite sentences 17, 18
Appeals
by offenders 36
by Secretary 37
powers of Court of Appeal 39
procedure 38
relevant decisions (def.) 36, 37
30-31, 41
Arrest
Assessment reports
court's regard to 11, 23
definition 3
in applications for extended supervision orders 6-8
in reviews, renewal of extended supervision orders 22-24
independent reports obtained by offenders 10
matters addressed by 8
notice of intention to dispute 11, 23
offenders' co-operation in preparation of 34
persons who can make 7
service on offenders 9
Child (def.) 3
36-39
Court of Appeal
Custodial sentences (def.) 3
3, 19-20
Custodial supervision orders
3, 36, 37, 44
Definitions
17, 18
Director of Public Prosecutions
Eligible offenders (def.) 3, 4
Extended supervision orders
appeals 36-39
applications 5-9
breaches 40-41
commencement 13
conditions 15-16
court orders for personal examinations of offenders 28
criminal nature of proceedings for 26
definition 3
duration 14
expiry 17, 24
44
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Serious Sex Offenders Monitoring Act 2005
Act No.
Subject Section
hearings
adjournment 10, 32
commencement of 10
directions hearings 27
legal representation of offenders 10, 33
offenders' attendance at, failure to attend 29-32
making of 11, 39
matters court must, may have regard to 11, 23, 34
matters stated, specified in 12, 25
offenders' obligations under 15-16
onus of proof of likelihood of offender reoffending 11, 23
reasons for determinations 35
recommencement 19-20
renewal 24-25
replacement orders 12, 14
reviews 21-23
revival 18, 39
revocation 23, 39
suppression orders regarding proceedings for 42
suspension 18-20, 39
See also Assessment reports
3, 19-20
Forensic patients, residents
3, 7
Health service providers
3, 19-20
Hospital orders
3, 19-20
Hospital security orders
3, 19-20
Hospital transfer orders
3, 17-18
Indefinite sentences
3, 19-20
Involuntary patients
Medical experts
assessment reports by 7-8
definition 3
personal examinations of offenders by 7, 16, 28
reports, evidence of 11, 23, 28
Offences
breaches of extended supervision orders 40-41
contraventions of suppression orders 42
relevant offences (def.) 3, Sch.
Offenders
arrest, detention, custody of 30-32, 41
directions, instructions to 15-16
eligible offenders (def.) 3, 4
personal examinations 7, 16, 28
service of documents on (general) 45
See also Appeals; Assessment reports;
Extended supervision orders
3
Parole orders
7, 16, 28
Personal examinations
44
Personal information
31
Police
7
Psychiatrists
3, 7
Psychologists
46
Regulations
Relevant offences (def.) 3, Sch.
45
551331B.I1-21/2/2005 BILL LA INTRODUCTION 21/2/2005
Serious Sex Offenders Monitoring Act 2005
Act No.
Subject Section
3, 19-20
Restricted hospital transfer orders
21-23
Reviews
Secretary
definition 3
notice of indefinite sentences, other orders 17, 18, 20
powers, duties regarding
appeals 37-38
arrest warrants for offenders 30
assessment reports 10, 11
extended supervision orders 5, 9-11, 18, 20-24
filing of charges 40
offenders under extended supervision orders 15-17
sharing of information by, with 43
service of documents on (general) 45
3, 19-20
Security patients
45
Service of documents
41
Summonses
46
551331B.I1-21/2/2005 BILL LA INTRODUCTION 21/2/2005
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