Victorian Current Acts Victorian Current Acts(1) If an offender fails to comply, without reasonable excuse, with a community correction order that has a curfew condition attached, the Secretary may direct that the specified hours of each day that the offender must remain at the place under the condition be increased by up to 2 hours or that the period that the condition applies to the order be increased by up to 14 days in addition to that imposed by the court that made the order.
(2) The Secretary must not give a direction under subsection (1) unless the Secretary is satisfied that—
(a) the failure to comply with the order is sufficiently serious to give the direction; and
(b) the failure to comply with the order is not sufficiently serious to file a charge for the offence under section 83AD; and
(c) the curfew condition has not expired; and
(d) the number of hours of each day that the offender must remain at the place as directed by the Secretary together with the number of hours that the offender has been ordered to remain at the place by the court attaching the condition will not exceed the maximum number of hours permitted under section 48I(3); and
S. 83AV(2)(e) amended by No. 77/2013 s. 50.
(e) the period that the offender must remain at the place under the curfew condition as directed by the Secretary under subsection (1) will not exceed the maximum period under section 48I(3).
S. 83AV(3) inserted by No. 32/2013 s. 26.
(3) If the Secretary gives a direction under subsection (1) and the offender is subject to an electronic monitoring requirement attached to a curfew condition under section 48LA the Secretary must, if satisfied of the matters under subsection (4), direct that the period that applies to the requirement under section 48LA(5) or (6) is increased by the same period specified in the direction given under subsection (1).
S. 83AV(4) inserted by No. 32/2013 s. 26.
(4) The Secretary must not give a direction under subsection (3) unless the Secretary is satisfied that—
(a) the electronic monitoring requirement that the offender is subject to under section 48LA has not expired; and
(b) appropriate resources or facilities are available to enable the offender to be electronically monitored for the increased period; and
(c) the offender is a suitable person to be electronically monitored for the increased period; and
(d) the increased period that the offender is to be electronically monitored in respect of a curfew condition does not exceed the requirements of section 48I(3) for that condition.
S. 83AW inserted by No. 65/2011 s. 60.