Corrections and Sentencing Acts (Home Detention) Act 2003 (Vic)

No judgment structure available for this case.

Corrections and Sentencing Acts (Home Detention)

Act 2003

Act No. 53/2003

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purposes 1
2. Commencement 3

PART 2—AMENDMENTS TO SENTENCING ACT 1991 4

3. Definition 4
4. Time held in custody 4
5. New Subdivision (1D) inserted in Division 2 of Part 3 5
Subdivision (1D)—Home Detention Orders 5

18ZT. Home detention order 5
18ZU. Order not to be made if other residents object 6
18ZV. Home detention not available for certain offences 7

18ZW. Suitability of offender for home detention 8

18ZX. Concurrent and consecutive and later sentences 9
18ZY. Assessment for home detention 10
18ZZ. Undertaking by offender 11

18ZZA. Obligations of offender 12
18ZZB. Core conditions governing home detention 12
18ZZC. Special conditions 16
18ZZD. Sentence not to affect eligibility for benefits 16
18ZZE. Withdrawal of consent 17
18ZZF. Revocation of order on application by offender or

Secretary 17

18ZZG. Alleged breach of a home detention order 18
18ZZH. Sanctions for minor breaches 19
18ZZI. Serious breach of home detention order 19
18ZZJ. Adult Parole Board may require offender to appear

before it 21

18ZZK. Decision of Adult Parole Board 21
18ZZL. Effect of revocation of home detention order 23
18ZZM. Re-hearing of revocation made in absence of offender 24
18ZZN. Reconsideration of revocation if approved residence

available 25

i

Section Page

18ZZO. Revocation of order by court 27
18ZZP. Expiry of home detention order 27
18ZZQ. Service of notices on offender 27
18ZZR. Annual report 28

6. New Division 2B inserted in Part 6 28
Division 2B—Home Detention Assessment Reports 28

99F. Home detention assessment report 28
99G. Contents of home detention assessment report 29
99H. Distribution of home detention assessment report 30
99I. Disputed home detention assessment report 31
99J. Disclosure of information 31

7. Regulations 32
8. New section 127A inserted 33

127A. Transitional provisions—Corrections and Sentencing

Acts (Home Detention) Act 2003 33

9. Repeal of home detention provisions 33
10. New section 127B inserted 34

127B.

Transitional provision—repeal of amendments made by Corrections and Sentencing Acts (Home Detention) Act 2003

34

PART 3—AMENDMENTS TO CORRECTIONS ACT 1986 35

11. Definitions 35
12. Persons deemed to be in Secretary's custody 35
13. Victim may be given certain information about a prisoner 35
14. New Division 4 inserted in Part 8 36
Division 4—Home Detention Orders 36

59. Home detention order 36
60. Order must not be made if other residents object 37
60A. Home detention not available for certain offences 38
60B. Suitability of prisoner for home detention 39
60C. Evidence of home detention order 40
60D. Assessment for home detention 40
60E. Contents of home detention assessment report 41
60F. Disclosure of information 42
60G. Medical examination of prisoner 43
60H. Undertaking by prisoner 44
60I. Obligations of offender 44
60J. Core conditions governing home detention 45
60K. Special conditions 48
60L. Withdrawal of consent 49
60M. Revocation of order on application by offender or
Secretary 49
60N. Alleged breach of a home detention order 50

ii

Section Page

60O. Sanctions for minor breaches 50
60P. Serious breach of home detention order 51
60Q. Board may require offender to appear before it 52
60R. Decision of Board 53
60S. Effect of revocation of home detention order 54
60T. Re-hearing of revocation made in absence of offender 55
60U. Reconsideration of revocation if approved residence
available 57
60V. Revocation of order by court 58
60W. Expiry of home detention order 58
60X. Service of notices on offender 58

15. Functions of Adult Parole Board 59
16. Assistance to Board 59
17. Annual report 59
18. Community corrections officers subject to direction of Board 60
19. Regulations 60
20. Repeal of home detention provisions 60
21. New section 116 inserted 61

116.

Transitional provision—repeal of amendments made by Corrections and Sentencing Acts (Home Detention) Act 2003

61

═══════════════

ENDNOTES 62

iii

Victoria

No. 53 of 2003

Corrections and Sentencing Acts (Home

Detention) Act 2003†

[Assented to 16 June 2003]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes
The purposes of this Act are—
(a) to amend the Sentencing Act 1991—
(i) to empower a court that imposes a sentence to a term of imprisonment to order that the term be served by way of home detention; and

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Part 1—Preliminary s. 1
(ii) to define the circumstances in which a home detention order can be made; and
(iii) to define the classes of offenders in respect of whom a home detention order can be made; and

(iv)
to provide for the assessment of for home detention; and

(v)
to provide for the making and and

(vi)
to provide for the imposition of detention; and

(vii)
periods of confinement and the
to provide for conditions to specify may be absent from home under a home detention order; and
(viii) to regulate the conduct of the offender under a home detention order and provide for the monitoring of that conduct; and

(b) to amend the Corrections Act 1986—
(i) to empower the Adult Parole Board to make home detention orders in respect of prisoners nearing the end of a term
of imprisonment; and
(ii) to define the class of prisoners who are eligible to serve part of a sentence of imprisonment by way of home detention; and

(iii)
to provide for the assessment of for home detention; and

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(iv)
to provide for the making and and

(v)
to provide for the imposition of detention; and

(vi)
periods of confinement and the
to provide for conditions to specify may be absent from home under a home detention order; and
(vii) to regulate the conduct of the offender under a home detention order and provide for the monitoring of that conduct.

2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Sections 9 and 10 come into operation on the day

that is the third anniversary of the day on which
section 5 comes into operation.

(3) Sections 20 and 21 come into operation on the day

that is the third anniversary of the day on which
section 14 comes into operation.

(4) Subject to sub-section (5), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(5) If a provision referred to in sub-section (4) does

not come into operation before 1 January 2004, it
comes into operation on that day.

_______________
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Part 2—Amendments to Sentencing Act 1991 s. 3

PART 2—AMENDMENTS TO SENTENCING ACT 1991

3. Definition

See:

In section 3(1) of the Sentencing Act 1991 insert Act No.
the following definition— 49/1991.
Reprint No. 6

' "home detention order" means an order made under section 18ZT that a sentence of

as at
1 August 2001
and

imprisonment be served by way of home amending
Act Nos

detention;'.

45/2001, 61/2001,
80/2001,
1/2002, 2/2002

and 35/2002. LawToday:

dpc.vic.
gov.au

4. Time held in custody
(1) After section 18(1) of the Sentencing Act 1991
insert—
"(1A) If an offender is sentenced to a term of
imprisonment and is remanded in custody while the sentence is stayed while a home detention assessment report is prepared on the offender, any period of time during
which he or she is held in custody on that
remand must be reckoned as a period of
imprisonment already served under the
sentence.".

(2) In section 18(2) of the Sentencing Act 1991 after

"Sub-section (1)" insert "or (1A)".

(3) In section 18(3) of the Sentencing Act 1991 after

"sub-section (1)" insert "or (1A)".
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(4) After section 18(4) of the Sentencing Act 1991
insert—
"(4A) If an offender was held in custody in
circumstances to which sub-section (1A)
applies, then the court, on making its
decision as to whether or not to make the
home detention order, must declare the
period to be reckoned as already served
under the sentence and cause to be noted in
the records of the court the fact that the
declaration was made and its details.".

(5) After section 18(5) of the Sentencing Act 1991
insert—
"(5A) The person with custody of the record
referred to in sub-section (4A) must indorse
on the warrant or other authority for the
imprisonment or detention of the offender or
on the home detention order particulars of
the matters referred to in that sub-section.".

(6) In section 18(7) of the Sentencing Act 1991 after

"sub-section (4)" insert "or (4A)".

5. New Subdivision (1D) inserted in Division 2 of Part 3
After Subdivision (1C) of Division 2 of Part 3 of
the Sentencing Act 1991 insert—
'Subdivision (1D)—Home Detention Orders

18ZT. Home detention order
(1) A court that has sentenced a person to
imprisonment for 12 months or less may
make a home detention order directing that
the sentence be served by way of home
detention.
(2) This section is subject to this Subdivision and to Division 2B of Part 6.

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(3) This section does not apply to the following
sentences—

(a)

a combined custody and treatment order;
(b) a drug treatment order;
(c) a hospital security order;
(d) an intensive correction order;
(e) a suspended sentence.

18ZU. Order not to be made if other residents
object
(1) A court must not make a home detention order unless the court is satisfied that all persons of or over the age of 18 years who
will be residing with the offender—

(a) have been consulted by the Secretary to the Department of Justice or a person authorised by that Secretary, without the offender being present, about the making of the home detention order; and
(b)
understand the requirements of the
have acknowledged in writing that they to live in conformity with them; and

(c)
subject to sub-section (3), have residing with them under a home detention order.

(2) The court must not make a home detention order unless the court is satisfied that—

(a)

so far as practicable the wishes and feelings of any person under the age of 18 years who will be residing with the

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offender under a home detention order
have been ascertained; and

(b) due consideration has been given to them, having regard to the age and understanding of the person.
(3) The court may dispense with the consent of a

person under sub-section (1), if the court is
satisfied that the person lacks the capacity to
give that consent.

(4) If the court dispenses with the consent of a

person, the court must not make the order
unless the court is satisfied that—

(a) so far as practicable the wishes and feelings of the person have been ascertained; and
(b)
due consideration has been given to understanding of the person.

18ZV. Home detention not available for certain
offences
A court must not make a home detention
order in respect of a person if the person has
at any time been found guilty of any of the
following—

(a) an offence to which clause 1, 2, 3 or 4 of Schedule 1 applies; or
(b) an offence, which in the opinion of the court, was committed in circumstances which involved behaviour of a sexual
nature; or

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(c)

an offence that involves the use of a firearm or a prohibited weapon (within the meaning of the Control of Weapons Act 1990); or

(d)

a breach of an intervention order under section 4 of the Crimes (Family Violence) Act 1987 or an order of a corresponding nature made in another State or a Territory; or

(e)

an offence under section 21A of the Crimes Act 1958 (stalking).

18ZW. Suitability of offender for home detention
(1) A court may only make a home detention order if the court is satisfied—

(a)

that the offender is a suitable person to serve a sentence of imprisonment by way of home detention; and

(b)

that it is appropriate in all of the circumstances that the sentence be served by way of home detention; and

(c)

on written advice received from the Secretary to the Department of Justice, that—

(i)
offender in a home detention
program approved by the
Secretary to the Department of
a place will be available for the offender commences his or her term of imprisonment; and

(ii)
located close enough to the place
the home detention program is during the period of the order to

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ensure adequate support and
supervision; and

(d) that the offender has consented in writing to the making of the order and has made the written undertakings required by section 18ZZ; and
(e) that a home detention assessment report has been prepared on the offender in accordance with section 99F.
(2) In deciding whether or not to make a home detention order, the court must have regard to the contents of a home detention
assessment report on the offender.
(3) A court may, for any reason it considers

sufficient, decline to make a home detention
order despite the contents of a home
detention assessment report.

(4) A court may make a home detention order only if a home detention assessment report states that, in the opinion of the person
making the assessment, the offender is a
suitable person to serve a term of
imprisonment by way of home detention.
18ZX. Concurrent and consecutive and later
sentences
(1) If the offender is convicted of more than one

offence in the same proceeding the court
may only make a home detention order if the
aggregate period of imprisonment imposed
in respect of all the offences is 12 months or
less.

(2) If the offender is convicted of an offence

committed while serving a sentence of
imprisonment by way of home detention, the
court may only make a home detention order
for the second or subsequent offence if the

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aggregate periods of imprisonment to be served by way of the original and further home detention orders is 12 months or less.

18ZY. Assessment for home detention

(1) If the court is considering making a home detention order, the court must notify—
(a) the offender; and

(b) the Director of Public Prosecutions or the informant or police prosecutor.
(2) The offender may inform the court that he or

she does not wish to consent to the making
of a home detention order.

(3) After giving the notice under sub-section (1),

the court must order a home detention
assessment report in respect of the offender.

(4) After giving the notice under sub-section (1), the court may—

(a)
of Justice to arrange for the
examination of the offender by a
registered medical practitioner within
direct the Secretary to the Department Act 1994, a psychiatrist or a psychologist; and

(b)
practitioner, psychiatrist or
require the registered medical to the court.

(5) Sub-sections (3) and (4) do not apply if the

offender informs the court that he or she
does not wish to be considered for a home
detention order.

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(6) When a court orders a home detention
assessment report—

(a)

the order stays the execution of the sentence; and

(b)

the offender is to be remanded in custody, or granted bail in accordance with the Bail Act 1977, as if the offender were still awaiting sentence—
until the court decides whether or not to
make a home detention order.
(7) On the court deciding whether or not to

make a home detention order any stay of
execution of the sentence under this section
comes to an end.

18ZZ. Undertaking by offender
(1) Before a home detention order may be made in respect of the offender, the offender must give the following undertakings—

(a)
that the offender will comply with the Subdivision; and

(b) that the offender will agree and submit to any monitoring or testing required or directed under the home detention order to ensure compliance with those
obligations; and

(c)

that the offender will pay the incidental costs (if any) incurred by the offender as a result of the home detention order that are determined by the Secretary to the Department of Justice to be payable by the offender.

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(2) An undertaking under this section must—
(a) be in writing; and

(b)

set out the obligations of the offender under a home detention order.

18ZZA. Obligations of offender
The obligations of an offender while serving a sentence of imprisonment by way of home detention are—

(a)

to comply with any requirements of this Subdivision that relate to the offender; and

(b)

to comply with the requirements of any conditions to which the offender's home detention order is subject.

18ZZB. Core conditions governing home detention
The core conditions of a home detention
order are—

(a)

that the offender must be of good behaviour and must not commit any offence during the period of the order;

(b)

that the offender must advise the Secretary to the Department of Justice as soon as possible if arrested or detained by a member of the police force;

(c)

that the offender must reside only at premises approved by the Secretary to the Department of Justice;

(d)

that the offender must remain at the approved residence at all times other than—

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(i) when the absence is authorised by the Secretary to the Department of Justice; or
(ii) when it is unsafe to remain there due to immediate danger (such as fire or medical emergency); or

(iii)
approved residence has withdrawn
when a person residing at the 18ZZE;

(e)
that during authorised absences from must adhere to a specified activity plan that—

(i)
offender must carry out in
sets out the activities that the conditions; and
(ii) is approved or arranged by the Secretary to the Department of Justice;

(f) that the offender must advise the Secretary to the Department of Justice as soon as practicable after departure from the approved residence because—
(i) it was unsafe to remain there due to immediate danger; or
(ii) a person residing at the approved residence has withdrawn his or her consent under section 18ZZE;

(g)

that the offender must accept any visit to the approved residence by the Secretary to the Department of Justice at any time;

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(h) that the offender must submit to searches of places or things under the immediate control of the offender, as required by the Secretary to the Department of Justice;
(i)
electronic monitoring (including voice
that the offender must submit to home detention order and comply with all instructions given by the Secretary to the Department of Justice in relation to the operation of monitoring systems;

(j)
that the offender must not tamper with, equipment;

(k) that the offender must comply with any reasonable direction of the Secretary to the Department of Justice in relation to association with specified persons;
(l) that the offender must not consume alcohol;
(m) that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;
(n)
required by the Secretary to the
Department of Justice, to breath testing,
urinalysis or other test procedures
that the offender must submit, as alcohol or drug use;

(o)

that the offender must accept any reasonable direction of the Secretary to the Department of Justice in relation to the maintenance of or obtaining of employment;

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(p) that the offender must inform any employer of the home detention order and, if directed by the Secretary to the Department of Justice, of the nature of the offence that occasioned it;
(q)
make reasonable attempts to facilitate
that the offender must authorise and offender and the Secretary to the Department of Justice;

(r)
personal development activities or in
counselling or treatment programs, as
that the offender must engage in Department of Justice;

(s)
community work (not exceeding
that the offender must undertake unpaid Secretary to the Department of Justice when not otherwise employed;

(t)

that the offender must not possess or have in his or her control—
(i) any firearm; or

that the offender must comply with any order made under section 84 or 86(1) (whether before or after the making of the home detention order) in relation to any prohibited weapon within the Weapons Act 1990; or
(iii) any controlled weapon or
dangerous article within the
meaning of the Control of
Weapons Act 1990 in
contravention of that Act;
(ii)

(u)

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the offence for which the home
detention order is made;
(v) that the offender must comply with all reasonable directions made by the Secretary to the Department of Justice.

18ZZC. Special conditions
(1) The court may attach to a home detention

order any special conditions that it considers
appropriate.

(2) The court may attach special conditions

under sub-section (1) on its own motion or
on the application of—

(a) the offender; or

(b) the Secretary to the Department of Justice; or
(c) the Director of Public Prosecutions, the informant or the police prosecutor.
(3) The court may at any time vary or revoke any special conditions attached to a home detention order on the application of—
(a) the offender; or

(b)

the Secretary to the Department of Justice; or

(c)

the Director of Public Prosecutions, the informant or the police prosecutor.
18ZZD. Sentence not to affect eligibility for benefits
If a home detention order is made under this Subdivision, the sentence of imprisonment to which the order relates must be taken not to
be a sentence of imprisonment for the
purpose of any enactment providing for
disqualification for, or the forfeiture or
suspension of, pensions or other benefits.

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18ZZE. Withdrawal of consent
(1) A person residing with an offender who has given a consent under section 18ZU may at any time by notice in writing withdraw that consent.
(2) A notice of withdrawal of consent must be

served on the Secretary to the Department of
Justice.

(3) An offender must cease to reside in the residence to which the notice relates on being notified by the Secretary to the
Department of Justice that a notice of withdrawal of consent has been served under this section.
18ZZF. Revocation of order on application by

offender or Secretary

(1) If there is no longer any approved residence
home detention order, the Secretary to the
Department of Justice may apply to the
at which an offender can reside under a home detention order.
(2) Subject to sub-section (3), the Secretary to

the Department of Justice must notify the
offender of an application under sub-
section (1).

(3) The Secretary to the Department of Justice is

not required to give the notice under sub-
section (2) if the Adult Parole Board is
satisfied that the matter is urgent.

(4) An offender who is serving a sentence of imprisonment by way of home detention may apply to the Adult Parole Board for the
revocation of the home detention order.

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(5) The offender must notify the Secretary to the
Department of Justice of an application under sub-section (4).
(6) The Secretary to the Department of Justice may make written submissions to the Adult Parole Board in respect of an application
under this section.
(7) The offender concerned may make written

submissions to the Adult Parole Board in
respect of—

(a) an application under sub-section (1) of which the offender is given notice under this section; or
(b) an application under sub-section (4) . (8) The Adult Parole Board may, in its
discretion, give an offender an opportunity to
appear before the Board to be heard in
relation to an application.
(9) On an application under this section, the Adult Parole Board after considering any submissions may revoke the home detention
order.
(10) If the Adult Parole Board revokes a home
detention order under this section, the Board may issue a warrant authorising any member of the police force to arrest the offender and take the offender to prison.

18ZZG. Alleged breach of a home detention order
If an allegation is made to the Secretary to the Department of Justice that an offender has breached a condition of a home detention
order, the Secretary must—

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(a)

make appropriate inquiries in respect of the alleged breach; and

(b)

give the offender an opportunity of making an explanation.
18ZZH. Sanctions for minor breaches
(1) Subject to section 18ZZI, if, after completing
the relevant inquiries, the Secretary to the Department of Justice is satisfied that the offender has breached a condition of the home detention order, the Secretary may impose either of the following sanctions for
the breach—
(a) a formal warning; or

(b)
conditions of home detention in
accordance with the terms of those
conditions, (for example, an increase in
the required hours of unpaid
a more stringent application of the fixed by the court).

(2) The Secretary to the Department of Justice

must notify an offender of any sanction
imposed on the offender under this section.

18ZZI. Serious breach of home detention order
(1) If, after completing the relevant inquiries, the
Secretary to the Department of Justice is satisfied that the offender has committed a serious breach of a condition of the home detention order, the Secretary must apply to the Adult Parole Board for the revocation or variation of the order.
(2) Subject to sub-section (3), the Secretary to

the Department of Justice must give the
offender notice of an application under sub-
section (1).

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(3) The Secretary to the Department of Justice is

not required to give the notice under sub-
section (2) if the breach is of a core condition
of the home detention order set out in section
18ZZB(d) or section 18ZZB(e).

(4) The Secretary to the Department of Justice may make written submissions to the Adult Parole Board in respect of an application

under sub-section (1).

(5) The offender concerned may make written

submissions to the Adult Parole Board in
respect of an application under sub-section
(1) of which the offender is given notice
under this section.

(6) In this section "serious breach" in relation

to a condition of a home detention order
means—

(a)

a breach that compromises the safety and security of the community, any person residing with the offender or the offender's family; or

(b)

a breach that involves the commission of an offence; or

(c)

a breach that involves non-compliance with an order made under section 84 or 86(1); or

(d)

a breach that occurs after repeated failure to comply with the conditions of the order; or

(e)

a breach of a core condition of the home detention order set out in section 18ZZB(d) or section 18ZZB(e).

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(7) Despite anything to the contrary in this
section, if the Secretary to the Department of inquiries, is satisfied that a breach of a core condition of a home detention order set out in section 18ZZB(e) is of a minor nature, the Secretary—

(a)

is not required to make an application under sub-section (1) in respect of that breach; and

(b)

may impose a sanction under section 18ZZH in respect of that breach.
18ZZJ. Adult Parole Board may require offender to
appear before it

(1) If an application is made under section
home detention order, the Adult Parole
18ZZI for the revocation or variation of a the offender, require the offender to appear before it on a day and at a time and place specified in the notice to be heard in relation to the application.
(2) If the offender does not appear in accordance with the notice, the Adult Parole Board may proceed in the absence of the offender.

18ZZK. Decision of Adult Parole Board

(1) The Adult Parole Board must consider any

evidence and submissions made or given
under section 18ZZI or 18ZZJ—

(a)

by the offender in relation to the alleged breach of conditions; and

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(b) by or on behalf of the Secretary to the Department of Justice in relation to the alleged breach of conditions.
(2) If, after complying with sub-section (1), the Adult Parole Board is satisfied that there has been a breach of the conditions of a home
detention order and that it is proper in the
circumstances of the case to do so, the Board
may—
(a) revoke the home detention order; and

(b) issue a warrant authorising any member of the police force to arrest the offender and take the offender to prison.
(3) If, after complying with sub-section (1), the Adult Parole Board is satisfied that an offender has breached the conditions of a home detention order, the Board, instead of revoking the order, may impose any of the following sanctions for the breach—
(a) a formal warning;

(b)

the addition of special conditions to the order;

(c)

the variation of any special conditions in the order.
(4) The Adult Parole Board must notify an
offender in writing of the revocation of a home detention order or of any sanction imposed on the offender under this section.
(5) The Adult Parole Board may be satisfied that

an offender has breached a condition of a
home detention order that involves non-
compliance with an order made under
section 84 or 86(1) whether or not a step has
been taken to enforce the order made under

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section 84 or 86(1) in any way referred to in
section 85 or 87, as the case requires.
(6) The revocation of a home detention order or

the imposition of a sanction under this
section in respect of a breach that involves
non-compliance with an order made under
section 84 or 86(1) has no effect on the
enforcement of the order made under
section 84 or 86(1) in any way referred to in
section 85 or 87, as the case requires.

18ZZL. Effect of revocation of home detention
order
(1) Subject to sub-section (2), if the Adult Parole Board revokes a home detention order under section 18ZZK, the offender must be taken
to prison to serve a period of imprisonment that is equal to the period from the effective date of revocation of the home detention
order to the date of expiry of the term of
imprisonment imposed by the court.
(2) The effective date of revocation of a home detention order is the date of the making of the order revoking the home detention order unless the Adult Parole Board directs
otherwise under sub-section (3).
(3) If the Adult Parole Board considers it appropriate to do so, the Board may in writing direct that the effective date of revocation of the home detention order is to
be the date that the breach of the conditions occurred or any later date before the date of the making of the order revoking the home detention order that the Board determines.

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(4) If the Adult Parole Board revokes a home detention order under section 18ZZF, the offender must be taken to prison to serve a
period of imprisonment that is equal to the
period from the date of revocation of the
home detention order to the date of expiry of
the term of imprisonment imposed by the
court.
(5) If an offender is taken to prison after a home
detention order relating to the offender is revoked, the Governor of the prison must notify the Secretary to the Department of Justice within 7 days after the offender is received into the prison.

18ZZM. Re-hearing of revocation made in absence
of offender
(1) This section applies if—

(a)

the Adult Parole Board revokes a home detention order under section 18ZZF and notice was not given to the offender of the application under that section; or

(b)

the Adult Parole Board revokes a home detention order under section 18ZZK and notice was not given to the offender of the application under section 18ZZI; or

(c)

the Adult Parole Board revokes a home detention order under section 18ZZK and—

(i)
the Board had required the section 18ZZJ; and

(ii) the offender failed to appear.

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(2) The Adult Parole Board must, by notice in writing, advise the offender that he or she may apply to the Adult Parole Board within
the period of 14 days after the date of service of the notice for a re-hearing in respect of the revocation of the home detention order.
(3) If an application is made by the offender
within the required time, the Adult Parole Board, after considering any evidence and submissions given by the offender and any other information and reports before it, may
rescind the revocation of the home detention
order.
(4) If the revocation of the home detention order is rescinded, the home detention order must be taken for the purposes of this Subdivision not to have been revoked.
(5) The Adult Parole Board may determine not to make a document or part of a document considered by the Board under sub-section (3) available to the offender if a member of the Board who is a Judge or retired Judge or Magistrate or retired Magistrate considers
that to make the document or part available
could endanger any person or inappropriately
reveal the identity of any person.
(6) Nothing in this section limits the operation of section 18ZZN.
18ZZN. Reconsideration of revocation if approved
residence available
(1) If the Adult Parole Board revokes a home detention order under section 18ZZF, the offender may apply to the Board to rescind
the revocation of the home detention order on the ground that an approved residence at

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which the offender can reside has become
available.
(2) On an application under sub-section (1), the Adult Parole Board may rescind the revocation of a home detention order if it is satisfied—

(a) that a residence at which the offender can reside is available; and
(b) that the premises have been approved by the Secretary to the Department of Justice; and
(c) on the advice of the Secretary, that the rescission is not prohibited under sub- section (3); and
(d) that it is appropriate in all the circumstances to do so.
(3) Section 18ZU applies to a rescission order under this section as if—

(a) a reference to the court were a reference to the Adult Parole Board; and
(b) a reference to the making of a home detention order (except in sub-sections (1)(b) and (c) and (2)(a)) were a reference to the making of the rescission order.
(4) If the revocation of the home detention order is rescinded, the home detention order must be taken for the purposes of this Subdivision not to have been revoked.

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18ZZO. Revocation of order by court
(1) Subject to sub-section (2), if a court imposes a sentence for another offence on an offender to whom a home detention order relates, the
court may revoke the home detention order. (2) If a court imposes a sentence of
imprisonment to be served in custody in a
prison for another offence on an offender to
whom a home detention order relates, the
court must revoke the home detention order.
(3) If a court revokes a home detention order

under sub-section (2), the court must commit
the offender to prison for the portion of the
term of imprisonment to which he or she was
sentenced that was unexpired at the date of
the revocation of the order.

18ZZP. Expiry of home detention order

Unless a home detention order is revoked
under this Subdivision, the order expires at
the end of the minimum term of
imprisonment to which the offender was
sentenced.
18ZZQ. Service of notices on offender
(1) Any notice required to be served under this Subdivision on an offender in respect of a home detention order may be served on him or her personally or by posting it to the offender's approved residence.
(2) Any notice required under this Subdivision to be served on an offender in custody in a prison must be served on the Secretary to the

Department of Justice.

(3) The Secretary to the Department of Justice

must notify the offender of any notice served
on him or her under sub-section (2).

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18ZZR. Annual report
The Secretary to the Department of Justice
must include in each report of operations
prepared in respect of the Department under
the Financial Management Act 1994—

(a) details of the number of persons placed on home detention orders during the period of the report; and
(b) details of the number of persons in respect of whom a home detention order has been revoked and who were
taken to prison during that period; and

(c)

details of the impact of home detention orders on persons residing with offenders; and

(d)

any other matters in relation to home detention that the Minister directs to be included.'.

6. New Division 2B inserted in Part 6
After Division 2A of Part 6 of the Sentencing Act
1991 insert—
"Division 2B—Home Detention Assessment
Reports

99F. Home detention assessment report

(1) If a court orders a home detention

assessment report, the Secretary to the Department of Justice must prepare the report.
(2) The purpose of a home detention assessment

report is to assess the suitability of the
offender for a home detention order.

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(3) The Secretary to the Department of Justice

must conduct any investigation that he or she
thinks appropriate or that is directed by the
court for the purpose of preparing the report.

99G. Contents of home detention assessment
report
(1) A home detention assessment report must set out the following matters—
(a) the age of the offender;

(b)

the social history and background of the offender;

(c)

the medical and psychiatric history of the offender;
(d) the offender's educational background;
(e) the offender's employment history;

(f)

the circumstances of any other offences of which the offender has been found guilty and which are known to the author of the report;

(g)

the extent to which the offender is complying with any sentence currently in force in respect of him or her;
(h) the offender's financial circumstances;
(i) any special needs of the offender;

(j)
any courses, programs, treatment, available to the offender and from which he or she may benefit;

(k)

an assessment as to whether the offender is an alcoholic or drug- dependent person;

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(l)

an assessment of the likelihood that the offender will commit an offence in respect of which an intervention order could be made under the Crimes (Family Violence) Act 1987;

(m)
circumstances of the offender's
residence, employment, study or other
prospective activities would not permit
an assessment as to whether any detention order;

(n)

an assessment as to whether persons with whom the offender intends to reside or to continue to reside understand the requirements of the order and are prepared to live in conformity with them;

(o)

whether the making of the order would place at risk of harm any person who would reside with or in the vicinity of the offender;
(p) any other prescribed matter.
(2) In preparing the assessment report, the
Secretary to the Department of Justice may also take into account any other relevant matters.

99H. Distribution of home detention assessment
report
(1) A home detention assessment report must be

filed with the court no later than the time
directed by the court.

(2) The Secretary to the Department of Justice

must, a reasonable time before the court is to
consider the report, provide a copy of the
report to—

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(a)

the Director of Public Prosecutions, the informant or the police prosecutor; and

(b)

the offender and the legal practitioners representing the offender.
99I. Disputed home detention assessment report
(1) The prosecution or the defence may file with

the court a notice of intention to dispute the
whole or any part of a home detention
assessment report.

(2) If a notice is filed under sub-section (1), the court must not make a decision to make or not to make a home detention order unless the party that filed the notice has been given
the opportunity—

(a)

to lead evidence on disputed matters; and

(b)

to cross-examine the author of the report on its contents.
99J. Disclosure of information

(1) Except to the extent necessary to comply

with section 99H, the Secretary to the that Department must not disclose to any person—

(a)

any home detention assessment report; or

(b)

any information obtained for the purpose of preparing that report.

Penalty: 5 penalty units.
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(2) Sub-section (1) does not apply to a
disclosure made—

(a)

to the Secretary to the Department of Justice or an employee of that Department in the course of carrying out a duty under this Act; or

(b)

with the leave of the court that ordered the preparation of the report.

(3) For the purpose of determining an

application for leave under sub-section (2),
the court may order that the relevant
document be produced to it and may inspect
it but must not make the document available,
or disclose its contents, to the applicant for
leave.
(4) Without limiting the matters the court may

take into account for the purpose of
determining whether or not to grant leave
under sub-section (2), the court must take
into account the likelihood, and the nature or
extent, of harm that could be caused to any
person if the information is disclosed.

(5) The court may grant leave under this section

in respect of the whole or part of a
document.".

7. Regulations
Before section 116(1)(b) of the Sentencing Act
1991 insert—
"(a) any matter relating to home detention; and".

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8. New section 127A inserted
After section 127 of the Sentencing Act 1991
insert—
"127A. Transitional provisions—Corrections and

Sentencing Acts (Home Detention) Act
2003

(1) An amendment of this Act made by a
provision of sections 3, 4, 5, 6 and 7 of the Corrections and Sentencing Acts (Home Detention) Act 2003 applies to a sentence imposed after the commencement of that
provision, irrespective of when the offence
was committed.
(2) For the purposes of this section, a sentence imposed by an appellate court on setting aside a sentencing order must be taken to have been imposed at the time the original

sentencing order was made.".

9. Repeal of home detention provisions
In the Sentencing Act 1991—

(a)

in section 3(1), the definition of "home detention order" is repealed;
(b) in section 18—
(i) sub-sections (1A), (4A) and (5A) are repealed;
(ii) in sub-sections (2) and (3) omit "or (1A)";

(iii) in sub-section (7) omit "or (4A)";

(c)

Subdivision (1D) of Division 2 of Part 3 is repealed;
(d) Division 2B of Part 6 is repealed;
(e) section 116(1)(a) is repealed.

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10. New section 127B inserted
After section 127A of the Sentencing Act 1991 insert—

"127B. Transitional provision—repeal of

amendments made by Corrections and Sentencing Acts (Home Detention) Act 2003
Despite the amendments made to this Act by 2003 this Act as amended by sections 3, 4, 5, 6 and 7 of that Act continues to apply to a home detention order in force immediately before the commencement of section 9 of that Act.".
section 9 of the Corrections and

_______________
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s. 11

Part 3—Amendments to Corrections Act 1986

PART 3—AMENDMENTS TO CORRECTIONS ACT 1986

11. Definitions

See:	(1) In section 3(1) of the Corrections Act 1986
Act No.
117/1986.	insert the following definition—
Reprint No. 4
as at	' "home detention order" means a home
26 August
1999 and	detention order made under Division 4 of
amending	Part 8;'.
Act Nos
38/1988,	(2) In section 3(1) of the Corrections Act 1986, in
11/1993,
86/2000,	the definition of "correctional order" after
45/2001,
72/2001,	paragraph (h) insert—
2/2002 and	"(i) a home detention order under this Act or
35/2002. LawToday:	under section 18ZT of the Sentencing Act
	dpc.vic.	1991;".
gov.au	12. Persons deemed to be in Secretary's custody

Before section 6C(1)(c) of the Corrections Act
1986 insert—
"(bb) a person who is serving a sentence of
imprisonment by way of home detention;".

13. Victim may be given certain information about a prisoner
In section 30A(2)(b) of the Corrections Act 1986 after "custodial community permit" insert ", home detention".

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14. New Division 4 inserted in Part 8
After Division 3A of Part 8 of the Corrections
Act 1986 insert—
'Division 4—Home Detention Orders 59. Home detention order
(1) At the request of a prisoner, the Board may make a home detention order in respect of the prisoner if the Board is satisfied that—
(a) on the date the order takes effect—
(i) the prisoner will have served at least two-thirds of the minimum term of imprisonment; and
(ii) the prisoner will be eligible for parole or for release in 6 months or less; and

(b) the prisoner is being held under minimum security conditions.
(2) The Board must not make a home detention order in respect of a prisoner if—

(a)

the prisoner is serving an indefinite sentence; or

(b)

the prisoner is eligible for parole but has not been granted parole; or
(c) the prisoner is on parole.
(3) A prisoner to whom a home detention order applies must be taken for all purposes to be serving a sentence of imprisonment for the whole term stated in the order except for the
purpose of any enactment providing for disqualification for, or the forfeiture or suspension of, pensions or other benefits.

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60. Order must not be made if other residents object
(1) The Board must not make a home detention

order unless the Board is satisfied that all
persons of or over the age of 18 years who
will be residing with the prisoner—

(a) have been consulted by the Secretary or a person authorised by the Secretary, without the prisoner being present, about the making of the home detention order; and
(b)
understand the requirements of the
have acknowledged in writing that they to live in conformity with them; and

(c)
subject to sub-section (3), have residing with them under a home detention order.

(2) The Board must not make a home detention order unless the Board is satisfied that—

(a) so far as practicable the wishes and feelings of any person under the age of 18 years who will be residing with the offender under a home detention order have been ascertained; and
(b) due consideration has been given to them, having regard to the age and understanding of the person.
(3) The Board may dispense with the consent of a person under sub-section (1), if the Board is satisfied that the person lacks the capacity to give that consent.

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(4) If the Board dispenses with the consent of a

person, the Board must not make the order
unless the Board is satisfied that—

(a) so far as practicable the wishes and feelings of the person have been ascertained; and
(b)
due consideration has been given to understanding of the person.

60A. Home detention not available for certain
offences
The Board must not make a home detention order in respect of a prisoner if the prisoner has at any time been found guilty of any of the following—

(a) an offence to which clause 1, 2, 3 or 4 of Schedule 1 to the Sentencing Act 1991 applies; or
(b) an offence, which in the opinion of the court, was committed in circumstances which involved behaviour of a sexual
nature; or

(c)

an offence that involves the use of a firearm or a prohibited weapon (within the meaning of the Control of Weapons Act 1990); or

(d)

a breach of an intervention order under section 4 of the Crimes (Family Violence) Act 1987 or an order of a corresponding nature made in another State or a Territory; or

(e)

an offence under section 21A of the Crimes Act 1958 (stalking).

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60B. Suitability of prisoner for home detention

(1) The Board may only make a home detention order if the Board is satisfied—

(a)

that the prisoner is a suitable person to be released on home detention; and

(b)

that it is appropriate in all of the circumstances that a home detention order be made in respect of the prisoner; and

(c)

on written advice received from the Secretary that—

(i)
prisoner in a home detention
program approved by the
a place will be available for the the prisoner is released on home detention; and

(ii)
located close enough to the place
where the prisoner will reside
during the period of the order to
the home detention program is supervision; and

(d) that the prisoner has consented in writing to the making of the order and has made the written undertakings required by section 60H; and
(e) that a home detention assessment report has been prepared on the prisoner in accordance with section 60D.
(2) In deciding whether or not to make a home

detention order, the Board must have regard
to the contents of a home detention
assessment report on the prisoner.

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(3) The Board may, for any reason it considers

sufficient, decline to make a home detention
order despite the contents of a home
detention assessment report.

(4) The Board may make a home detention order

only if a home detention assessment report
states that, in the opinion of the person
making the assessment, the prisoner is
suitable for a home detention order.

60C. Evidence of home detention order

The Secretary of the Board must ensure that 4 copies of a home detention order made by the Board are signed by the Secretary of the Board or a member of the Board and of
them—
(a) one is retained by the Board; and

(b)

one is delivered to the Secretary to the Department of Justice; and

(c)

one is delivered to the prisoner in respect of whom the order is made; and

(d)

one is delivered to the Governor of the relevant prison if the prisoner is to be released from prison.

60D. Assessment for home detention

(1) If the Board is considering making a home detention order, the Board must request the Secretary to prepare a home detention
assessment report in respect of a prisoner.
(2) The purpose of a home detention assessment report is to assess the suitability of a prisoner for a home detention order.

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(3) The Secretary must conduct any

investigation that he or she thinks
appropriate or that is directed by the Board
for the purpose of preparing the report.
60E. Contents of home detention assessment
report
(1) A home detention assessment report must set out the following matters—
(a) the age of the prisoner;

(b)

the social history and background of the prisoner;

(c)

the medical and psychiatric history of the prisoner;
(d) the prisoner's educational background;
(e) the prisoner's employment history;

(f)

the circumstances of any other offences of which the prisoner has been found guilty and which are known to the author of the report;

(g)

the extent to which the prisoner is complying with any sentence currently in force in respect of him or her;
(h) the prisoner's financial circumstances;
(i) any special needs of the prisoner;

(j)
therapy or other assistance that could be
any courses, programs, treatment, which he or she may benefit;

(k)

an assessment as to whether the prisoner is an alcoholic or drug- dependent person;

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(l)

an assessment of the likelihood that the prisoner will commit an offence in respect of which an intervention order could be made under the Crimes (Family Violence) Act 1987;

(m)
circumstances of the prisoner's
residence, employment, study or other
prospective activities would not permit
an assessment as to whether any detention order;

(n)

an assessment as to whether persons with whom the prisoner intends to reside or to continue to reside understand the requirements of the order and are prepared to live in conformity with them;

(o)

whether the making of the order would place at risk of harm any person who would reside with or in the vicinity of the prisoner;
(p) any other prescribed matter.
(2) In preparing the assessment report, the
Secretary may also take into account any other relevant matters.

60F. Disclosure of information
(1) The Secretary or any employee of the
Department of Justice must not disclose to
any person other than a member of the
Board—

(a)

any home detention assessment report; or

(b)

any information obtained for the purpose of preparing that report.

Penalty: 5 penalty units.
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(2) Sub-section (1) does not apply to a
disclosure made—

(a)

to the Secretary or to an employee of the Department of Justice; or
(b) with the leave of the Board.

(3) For the purpose of determining an

application for leave under sub-section (2),
the Board may order that the relevant
document be produced to it and may inspect
it but must not make the document available,
or disclose its contents, to the applicant for
leave.
(4) Without limiting the matters the Board may

take into account for the purpose of
determining whether or not to grant leave
under sub-section (2), the Board must take
into account the likelihood, and the nature or
extent, of harm that could be caused to any
person if the information is disclosed.

(5) The Board may grant leave under this section

in respect of the whole or part of a
document.

60G. Medical examination of prisoner

The Board, in determining whether to make
vary or revoke a home detention order,
may—

(a)
examination of the prisoner by a
registered medical practitioner within
direct the Secretary to arrange for the Act 1994, a psychiatrist or a psychologist; and

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(b)
practitioner, psychiatrist or
require the registered medical to the Board.

60H. Undertaking by prisoner
(1) Before a home detention order may be made

in respect of a prisoner, the prisoner must
give the following undertakings—

(a)
that the prisoner will comply with an Division; and

(b)

that the prisoner will agree and submit to any monitoring or testing required or directed under the home detention order to ensure compliance with those obligations; and

(c)

that the prisoner will pay the incidental costs (if any) incurred by the prisoner as a result of the home detention order that are determined by the Secretary to be payable by the prisoner.
(2) An undertaking under this section must—
(a) be in writing; and

(b)

set out the obligations of an offender under a home detention order.
60I. Obligations of offender
The obligations of an offender while serving a sentence of imprisonment by way of home detention are—

(a)

to comply with any requirements of this Division that relate to the offender; and

(b)

to comply with the requirements of any conditions to which the offender's home detention order is subject.

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60J. Core conditions governing home detention

The core conditions of a home detention
order are—

(a) that the offender must be of good behaviour and must not commit any offence during the period of the order;
(b) that the offender must advise the Secretary as soon as possible if arrested or detained by a member of the police force;
(c) that the offender must reside only at premises approved by the Secretary;
(d) that the offender must remain at the approved residence at all times other than—
(i) when the absence is authorised by the Secretary; or
(ii) when it is unsafe to remain there due to immediate danger (such as fire or medical emergency); or

(iii)
approved residence has withdrawn
when a person residing at the 60L;

(e)
that during authorised absences from must adhere to a specified activity plan that—

(i)
offender must carry out in
sets out the activities that the conditions; and
(ii) is approved or arranged by the Secretary;

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(f)
Secretary as soon as practicable after
that the offender must advise the because—
(i) it was unsafe to remain there due to immediate danger; or
(ii) a person residing at the approved residence has withdrawn his or her consent under section 60L;

(g) that the offender must accept any visit to the approved residence by the Secretary at any time;
(h) that the offender must submit to searches of places or things under the immediate control of the offender, as required by the Secretary;
(i)
electronic monitoring (including voice
recording) of compliance with the
that the offender must submit to all instructions given by the Secretary in relation to the operation of monitoring systems;

(j)
that the offender must not tamper with, equipment;

(k) that the offender must comply with any reasonable direction of the Secretary in relation to association with specified
persons;

(l)

that the offender must not consume alcohol;

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Part 3—Amendments to Corrections Act 1986

(m) that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;
(n)
required by the Secretary, to breath
testing, urinalysis or other test
that the offender must submit, as for detecting alcohol or drug use;

(o) that the offender must accept any reasonable direction of the Secretary in relation to the maintenance of or obtaining of employment;
(p) that the offender must inform any employer of the home detention order and, if directed by the Secretary, of the nature of the offence that occasioned it;
(q)
make reasonable attempts to facilitate
that the offender must authorise and offender and the Secretary;

(r)
personal development activities or in
that the offender must engage in directed by the Secretary;

(s)
community work (not exceeding 20
hours per week) as directed by the
that the offender must undertake unpaid employed;

(t)

that the offender must not possess or have in his or her control—
(i) any firearm; or

(ii)
any prohibited weapon within the Weapons Act 1990; or

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(iii) any controlled weapon or
dangerous article within the
meaning of the Control of
Weapons Act 1990 in
contravention of that Act;

(u) that the offender must comply with any order made under section 84 or 86(1) of the Sentencing Act 1991 (whether
before or after the making of the home
detention order) in relation to the
offence for which the home detention
order is made;
(v) that the offender must comply with all reasonable directions made by the Secretary.

60K. Special conditions
(1) The Board may at any time attach special conditions to a home detention order.
(2) The special conditions attached by the Board

do not take effect until written notice of the
conditions is given to the offender.

(3) The Board may at any time vary or revoke any special conditions it attaches to an order.
(4) A variation or revocation of a special
condition does not take effect until written
notice of the variation or revocation is given
to the offender.
(5) The Board must give the Secretary a copy of

any notice it gives to an offender under this
section.

Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

s. 14	Part 3—Amendments to Corrections Act 1986
60L. Withdrawal of consent

(1) A person residing with an offender who has given a consent under section 60 may at any time by notice in writing withdraw that
consent.
(2) A notice of withdrawal of consent must be served on the Secretary.
(3) An offender must cease to reside in the residence to which the notice relates on being notified by the Secretary that a notice
of withdrawal has been served under this
section.
60M. Revocation of order on application by offender or Secretary
(1) If there is no longer any approved residence

at which an offender can reside under a
home detention order, the Secretary may
apply to the Board for the revocation of the
home detention order.

(2) Subject to sub-section (3), the Secretary must

notify the offender of an application under
sub-section (1).

(3) The Secretary is not required to give the

notice under sub-section (2) if the Board is
satisfied that the matter is urgent.

(4) An offender who is serving a sentence of imprisonment by way of home detention may apply to the Board for the revocation of

the home detention order.

(5) The offender must notify the Secretary of an application under sub-section (4).
(6) The Secretary may make written submissions

to the Board in respect of an application
under this section.

Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

Part 3—Amendments to Corrections Act 1986 s. 14
(7) The offender concerned may make written submissions to the Board in respect of—

(a) an application under sub-section (1) of which the offender is given notice under this section; or
(b) an application under sub-section (4) . (8) The Board may, in its discretion, give an
offender an opportunity to appear before the application.
(9) On an application under this section, the Board after considering any submissions may revoke the home detention order.

(10) If the Board revokes a home detention order

under this section, the Board may issue a
warrant authorising any member of the
police force to arrest the offender and take
the offender to prison.

60N. Alleged breach of a home detention order
If an allegation is made to the Secretary that
an offender has breached a condition of a
home detention order, the Secretary must—

(a)

make appropriate inquiries in respect of the alleged breach; and

(b)

give the offender an opportunity of making an explanation.

60O. Sanctions for minor breaches

(1) Subject to section 60P, if, after completing
satisfied that the offender has breached a
condition of the home detention order, the

the relevant inquiries, the Secretary is sanctions for the breach—

(a) a formal warning; or
Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

s. 14

Part 3—Amendments to Corrections Act 1986

(b)
conditions of home detention in
accordance with the terms of those
conditions, (for example, an increase in
the required hours of unpaid
a more stringent application of the fixed by the Board).

(2) The Secretary must notify the offender of

any sanction imposed on the offender under
this section.

60P. Serious breach of home detention order
(1) If, after completing the relevant inquiries, the Secretary is satisfied that the offender has committed a serious breach of a condition of the home detention order, the Secretary must apply to the Board for the revocation or variation of the order.
(2) Subject to sub-section (3), the Secretary must

give the offender notice of an application
under sub-section (1).

(3) The Secretary is not required to give the

notice under sub-section (2) if the breach is
of a core condition of the home detention
order set out in section 60J(d) or section
60J(e).

(4) The Secretary may make written submissions

to the Board in respect of an application
under sub-section (1).

(5) The offender concerned may make written

submissions to the Board in respect of an
application under sub-section (1) of which
the offender is given notice under this
section.

Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

Part 3—Amendments to Corrections Act 1986 s. 14
(6) In this section "serious breach" in relation

to a condition of a home detention order
means—

(a)

a breach that compromises the safety and security of the community, any persons residing with the offender or the offender's family; or

(b)

a breach that involves the commission of an offence; or

(c)

a breach that involves non-compliance with an order made under section 84 or 86(1) of the Sentencing Act 1991; or

(d)

a breach that occurs after repeated failure to comply with the conditions of the order; or

(e)

a breach of a core condition of the home detention order set out in section 60J(d) or section 60J(e).
(7) Despite anything to the contrary in this
section, if the Secretary, after completing the relevant inquiries, is satisfied that a breach of a core condition of a home detention order
set out in section 60J(e) is of a minor nature,
the Secretary—

(a)

is not required to make an application under sub-section (1) in respect of that breach; and

(b)

may impose a sanction under section 60O in respect of that breach.
60Q. Board may require offender to appear
before it
(1) If an application is made under section 60P

for the revocation or variation of a home
detention order, the Board may, by notice in
writing served on the offender, require the

Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

s. 14

Part 3—Amendments to Corrections Act 1986

offender to appear before it on a day and at a
time and place specified in the notice to be
heard in relation to the application.
(2) If the offender does not appear in accordance

with the notice, the Board may proceed in
the absence of the offender.

60R. Decision of Board
(1) The Board must consider any evidence and

submissions made or given under section
60P or 60Q—

(a) by the offender in relation to the alleged breach of conditions; and
(b) by or on behalf of the Secretary in relation to the alleged breach of conditions.
(2) If, after complying with sub-section (1), the

Board is satisfied that there has been a
breach of the conditions of a home detention
order and that it is proper in the
circumstances of the case to do so, the Board
may—

(a) revoke the home detention order; and

(b) issue a warrant authorising any member of the police force to arrest the offender and return the offender to prison.
(3) If, after complying with sub-section (1), the Board is satisfied that an offender has breached the conditions of a home detention order, the Board, instead of revoking the order, may impose any of the following sanctions for the breach—

(a) a formal warning;
Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

Part 3—Amendments to Corrections Act 1986 s. 14

(b)

the addition of special conditions to the order;

(c)

the variation of any special conditions in the order.
(4) The Board must notify an offender in writing
of the revocation of a home detention order or of any sanction imposed on the offender under this section.
(5) The Board may be satisfied that an offender
has breached a condition of a home detention has been taken to enforce the order made under section 84 or 86(1) of that Act in any way referred to in section 85 or 87 of that Act, as the case requires.
order that involves non-compliance with an
order made under section 84 or 86(1) of the
(6) The revocation of a home detention order or

the imposition of a sanction under this
section in respect of a breach that involves
non-compliance with an order made under
section 84 or 86(1) of the Sentencing Act
1991 has no effect on the enforcement of the
order made under section 84 or 86(1) of that
Act in any way referred to in section 85 or
87 of that Act, as the case requires.

60S. Effect of revocation of home detention
order
(1) Subject to sub-section (2), if the Board revokes a home detention order under section 60R, the offender must be returned to
prison to serve a period of imprisonment that is equal to the period from the effective date of revocation of the home detention order to the date of expiry of the term of
imprisonment imposed by the court.

Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

s. 14

Part 3—Amendments to Corrections Act 1986

(2) The effective date of revocation of a home detention order is the date of the making of the order revoking the home detention order unless the Board directs otherwise under
sub-section (3).
(3) If the Board considers it appropriate to do so, the Board may in writing direct that the effective date of revocation of the home detention order is to be the date that the breach of the conditions occurred or any later
date before the date of the making of the
order revoking the home detention order that
the Board determines.
(4) If the Board revokes a home detention order

under section 60M, the offender must be
taken to prison to serve a period of
imprisonment that is equal to the period from
the date of revocation of the home detention
order to the date of expiry of the term of
imprisonment imposed by the court.

(5) If an offender is returned to prison after a

home detention order relating to the offender
is revoked, the Governor of the prison must
notify the Secretary within 7 days after the
offender is returned to the prison.

60T. Re-hearing of revocation made in absence
of offender
(1) This section applies if—

(a)

the Board revokes a home detention order under section 60M and notice was not given to the offender of the application under that section; or

(b)

the Board revokes a home detention order under section 60R and notice was not given to the offender of the application under section 60P; or

Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

Part 3—Amendments to Corrections Act 1986 s. 14

(c)

the Board revokes a home detention order under section 60R and—

(i)
the Board had required the section 60Q; and

(ii) the offender failed to appear.

(2) The Board must, by notice in writing, advise the offender that he or she may apply to the Board within the period of 14 days after the date of service of the notice for a re-hearing in respect of the revocation of the home
detention order.
(3) If an application is made by the offender within the required time, the Board, after considering any evidence and submissions
given by the offender and any other
information and reports before it, may
rescind the revocation of the home detention
order.
(4) If the revocation of the home detention order

is rescinded, the home detention order must
be taken for the purposes of this Division not
to have been revoked.

(5) The Board may determine not to make a
document or part of a document considered by the Board under sub-section (3) available to the offender if a member of the Board who is a Judge or retired Judge or Magistrate or
retired Magistrate considers that to make the
document or part available could endanger
any person or inappropriately reveal the
identity of any person.
(6) Nothing in this section limits the operation of section 60U.

Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

s. 14	Part 3—Amendments to Corrections Act 1986
60U. Reconsideration of revocation if approved residence available

(1) If the Board revokes a home detention order under section 60M, the offender may apply to the Board to rescind the revocation of the home detention order on the ground that an approved residence at which the offender can

reside has become available.

(2) On an application under sub-section (1), the Board may rescind the revocation of a home detention order if it is satisfied—

(a) that a residence at which the offender can reside is available; and
(b) that the premises have been approved by the Secretary; and
(c) on the advice of the Secretary, that the rescission is not prohibited under sub- section (3); and
(d) that it is appropriate in all the circumstances to do so.
(3) Section 60 applies to a rescission order under this section as if a reference to the making of a home detention order (except in sub-
sections (1)(b) and (c) and (2)(a)) were a reference to the making of the rescission order.
(4) If the revocation of the home detention order is rescinded, the home detention order must be taken for the purposes of this Subdivision not to have been revoked.

Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

Part 3—Amendments to Corrections Act 1986 s. 14
60V. Revocation of order by court
(1) Subject to sub-section (2), if a court imposes a sentence for another offence on an offender to whom a home detention order relates, the
court may revoke the home detention order. (2) If a court imposes a sentence of
imprisonment to be served in custody in a
prison for another offence on an offender to
whom a home detention order relates, the
court must revoke the home detention order.
(3) If a court revokes a home detention order

under sub-section (2), the court must commit
the offender to prison for the portion of the
term of imprisonment to which he or she was
sentenced that was unexpired at the date of
the revocation of the order.

60W. Expiry of home detention order

Unless a home detention order is revoked

under this Division, the order expires at the
end of the minimum term of imprisonment to
which the offender was sentenced.

60X. Service of notices on offender

(1) Any notice required to be served under this
Division on an offender in respect of a home detention order may be served on him or her personally or by posting it to the offender's
approved residence.
(2) Any notice required under this Division to be

served on an offender in custody in a prison
must be served on the Secretary.

(3) The Secretary must notify the offender of

any notice served on him or her under sub-
section (2).'.

Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

s. 15

Part 3—Amendments to Corrections Act 1986

15. Functions of Adult Parole Board
For section 69(1) of the Corrections Act 1986
substitute—
"(1) The Board has the functions conferred on it
by—
(a) this Act and the regulations; and

(b) Division 10 of Part 4 of the Children and Young Persons Act 1989 and the regulations made under that Division; and
(c)
Subdivision (1A) of Division 2 of the regulations made under that Subdivision; and

(d)
Subdivision (1D) of Division 2 of the regulations made under that Subdivision.".

16. Assistance to Board
After section 70(a) of the Corrections Act 1986
insert—
"(aa) in supervising persons serving a sentence of

imprisonment by way of home detention;
and".

17. Annual report
(1) After section 72(1)(b) of the Corrections Act 1986 insert—
"(ba) details of the number of persons placed on home detention orders during the period of the report; and

Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

Part 3—Amendments to Corrections Act 1986 s. 18

(bb) details of the number of persons in respect of
whom a home detention order has been
revoked and who were returned to prison
during that period; and

(bc) details of the impact of home detention
orders on persons residing with offenders;
and".
(2) In section 72(1)(c) of the Corrections Act 1986 after "Division" insert "and Division 4".
(3) In section 72(5) of the Corrections Act 1986 after "Division" insert "or Division 4".
18. Community corrections officers subject to direction of Board
In section 73 of the Corrections Act 1986 after "parole order" insert "or home detention order".

19. Regulations
In section 112(1)(n) of the Corrections Act 1986
after "parole orders" insert ", home detention
orders".

20. Repeal of home detention provisions
In the Corrections Act 1986—
(a) in section 3(1)—
(i) the definition of "home detention order" is repealed;
(ii) in the definition of "correctional order" paragraph (i) is repealed;

(b) in section 6C(1), paragraph (bb) is repealed;

(c)

in section 30A(2)(b) omit ", home detention";
(d) Division 4 of Part 8 is repealed;

(e)

in section 69(1)(c) for "Subdivision; and" substitute "Subdivision.";

Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

s. 21

Part 3—Amendments to Corrections Act 1986

(f) section 69(1)(d) is repealed;
(g) section 70(aa) is repealed;

(h)

in section 72(1), paragraphs (ba), (bb) and (bc) are repealed;
(i) in section 72(1)(c) omit "and Division 4";
(j) in section 72(5) omit "or Division 4";
(k) in section 73 omit "or home detention order";

(l)

in section 112(1)(n) omit ", home detention orders".

21. New section 116 inserted
At the end of Part 11 of the Corrections Act 1986 insert—

"116. Transitional provision—repeal of

amendments made by Corrections and Sentencing Acts (Home Detention) Act 2003
Despite the amendments made to this Act by
section 20 of the Corrections and
Sentencing Acts (Home Detention) Act
2003 this Act, as amended by sections 11,
12, 13, 14, 15, 16, 17, 18 and 19 of that Act,
continues to apply to a home detention order
in force immediately before the
commencement of section 20 of that Act.".

═══════════════
Corrections and Sentencing Acts (Home Detention) Act 2003

Act No. 53/2003

Endnotes

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 7 May 2003
Legislative Council: 10 June 2003
The long title for the Bill for this Act was "to amend the Sentencing Act
1991 to empower a court to make a home detention order where it has
imposed a sentence of imprisonment and to amend the Corrections Act
1986 to empower the Adult Parole Board to make a home detention order
where a prisoner nears the end of a term of imprisonment and for other
purposes."

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Corrections and Sentencing Acts (Home Detention) Act 2003 (Vic)

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3.	Definition	4
4.	Time held in custody	4
5.	New Subdivision (1D) inserted in Division 2 of Part 3	5
Subdivision (1D)—Home Detention Orders	5

18ZT.	Home detention order	5
18ZU.	Order not to be made if other residents object	6
18ZV.	Home detention not available for certain offences	7

18ZX.	Concurrent and consecutive and later sentences	9
18ZY.	Assessment for home detention	10
18ZZ.	Undertaking by offender	11

18ZZA. Obligations of offender	12
18ZZB. Core conditions governing home detention	12
18ZZC. Special conditions	16
18ZZD. Sentence not to affect eligibility for benefits	16
18ZZE. Withdrawal of consent	17
18ZZF. Revocation of order on application by offender or
Secretary	17
18ZZG. Alleged breach of a home detention order	18
18ZZH. Sanctions for minor breaches	19
18ZZI. Serious breach of home detention order	19
18ZZJ. Adult Parole Board may require offender to appear
before it	21
18ZZK. Decision of Adult Parole Board	21
18ZZL. Effect of revocation of home detention order	23
18ZZM. Re-hearing of revocation made in absence of offender	24
18ZZN. Reconsideration of revocation if approved residence
available	25

18ZZO. Revocation of order by court	27
18ZZP. Expiry of home detention order	27
18ZZQ. Service of notices on offender	27
18ZZR. Annual report	28

6.	New Division 2B inserted in Part 6	28
Division 2B—Home Detention Assessment Reports	28

99F.	Home detention assessment report	28
99G.	Contents of home detention assessment report	29
99H.	Distribution of home detention assessment report	30
99I.	Disputed home detention assessment report	31
99J.	Disclosure of information	31

9.	Repeal of home detention provisions	33
10.	New section 127B inserted	34

11.	Definitions	35
12.	Persons deemed to be in Secretary's custody	35
13.	Victim may be given certain information about a prisoner	35
14.	New Division 4 inserted in Part 8	36
Division 4—Home Detention Orders	36

59.	Home detention order	36
60.	Order must not be made if other residents object	37
60A.	Home detention not available for certain offences	38
60B.	Suitability of prisoner for home detention	39
60C.	Evidence of home detention order	40
60D.	Assessment for home detention	40
60E.	Contents of home detention assessment report	41
60F.	Disclosure of information	42
60G.	Medical examination of prisoner	43
60H.	Undertaking by prisoner	44
60I.	Obligations of offender	44
60J.	Core conditions governing home detention	45
60K.	Special conditions	48
60L.	Withdrawal of consent	49
60M.	Revocation of order on application by offender or
Secretary	49
60N.	Alleged breach of a home detention order	50

60O.	Sanctions for minor breaches	50
60P.	Serious breach of home detention order	51
60Q.	Board may require offender to appear before it	52
60R.	Decision of Board	53
60S.	Effect of revocation of home detention order	54
60T.	Re-hearing of revocation made in absence of offender	55
60U.	Reconsideration of revocation if approved residence
available	57
60V.	Revocation of order by court	58
60W.	Expiry of home detention order	58
60X.	Service of notices on offender	58

15.	Functions of Adult Parole Board	59
16.	Assistance to Board	59
17.	Annual report	59
18.	Community corrections officers subject to direction of Board	60
19.	Regulations	60
20.	Repeal of home detention provisions	60
21.	New section 116 inserted	61

In section 3(1) of the Sentencing Act 1991 insert	Act No.
the following definition—	49/1991. Reprint No. 6
' "home detention order" means an order made under section 18ZT that a sentence of	as at 1 August 2001
and

imprisonment be served by way of home	amending Act Nos
detention;'.	45/2001, 61/2001,
80/2001, 1/2002, 2/2002
and 35/2002. LawToday:
dpc.vic.
gov.au

(a)	have been consulted by the Secretary to the Department of Justice or a person authorised by that Secretary, without the offender being present, about the making of the home detention order; and
(b)	understand the requirements of the

(a)	so far as practicable the wishes and feelings of the person have been ascertained; and
(b)

(a)	an offence to which clause 1, 2, 3 or 4 of Schedule 1 applies; or
(b)	an offence, which in the opinion of the court, was committed in circumstances which involved behaviour of a sexual

(c)	an offence that involves the use of a firearm or a prohibited weapon (within the meaning of the Control of Weapons Act 1990); or
(d)	a breach of an intervention order under section 4 of the Crimes (Family Violence) Act 1987 or an order of a corresponding nature made in another State or a Territory; or
(e)	an offence under section 21A of the Crimes Act 1958 (stalking).

(a)	that the offender is a suitable person to serve a sentence of imprisonment by way of home detention; and
(b)	that it is appropriate in all of the circumstances that the sentence be served by way of home detention; and
(c)	on written advice received from the Secretary to the Department of Justice, that—

(d)	that the offender has consented in writing to the making of the order and has made the written undertakings required by section 18ZZ; and
(e)	that a home detention assessment report has been prepared on the offender in accordance with section 99F.

(a)	the order stays the execution of the sentence; and
(b)	the offender is to be remanded in custody, or granted bail in accordance with the Bail Act 1977, as if the offender were still awaiting sentence—

(a)	to comply with any requirements of this Subdivision that relate to the offender; and
(b)	to comply with the requirements of any conditions to which the offender's home detention order is subject.

(a)	that the offender must be of good behaviour and must not commit any offence during the period of the order;
(b)	that the offender must advise the Secretary to the Department of Justice as soon as possible if arrested or detained by a member of the police force;
(c)	that the offender must reside only at premises approved by the Secretary to the Department of Justice;
(d)	that the offender must remain at the approved residence at all times other than—

(h)	that the offender must submit to searches of places or things under the immediate control of the offender, as required by the Secretary to the Department of Justice;
(i)	electronic monitoring (including voice

(k)	that the offender must comply with any reasonable direction of the Secretary to the Department of Justice in relation to association with specified persons;
(l)	that the offender must not consume alcohol;
(m)	that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;
(n)	required by the Secretary to the Department of Justice, to breath testing, urinalysis or other test procedures

(p)	that the offender must inform any employer of the home detention order and, if directed by the Secretary to the Department of Justice, of the nature of the offence that occasioned it;
(q)	make reasonable attempts to facilitate

that the offender must comply with any order made under section 84 or 86(1) (whether before or after the making of the home detention order) in relation to	any prohibited weapon within the Weapons Act 1990; or
(iii)	any controlled weapon or dangerous article within the meaning of the Control of Weapons Act 1990 in contravention of that Act;

(b)	the Secretary to the Department of Justice; or
(c)	the Director of Public Prosecutions, the informant or the police prosecutor.

(a)	make appropriate inquiries in respect of the alleged breach; and
(b)	give the offender an opportunity of making an explanation.

(a)	a breach that compromises the safety and security of the community, any person residing with the offender or the offender's family; or
(b)	a breach that involves the commission of an offence; or
(c)	a breach that involves non-compliance with an order made under section 84 or 86(1); or
(d)	a breach that occurs after repeated failure to comply with the conditions of the order; or
(e)	a breach of a core condition of the home detention order set out in section 18ZZB(d) or section 18ZZB(e).