County Court (Chapter Iii Serious Offenders Amendment) Rules 2019 (Vic)
County Court (Chapter III Serious Offenders Amendment) Rules 2019
S.R. No. 7/2019
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Order 11 inserted
6New Forms 11A to 11P inserted
═════════════
Endnotes
STATUTORY RULES 2019
S.R. No. 7/2019
County Court Act 1958
County Court (Chapter III Serious Offenders Amendment) Rules 2019
A majority of the Judges of the County Court makes the following Rules:
1Object
The object of these Rules is to amend Chapter III of the Rules of the County Court as a result of the enactment of the Serious Offenders Act 2018.
2Authorising provisions
These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.
3Commencement
These Rules come into operation on 18 February 2019.
4Principal Rules
In these Rules, the County Court Criminal Procedure Rules 2009[1] are called the Principal Rules.
5Order 11 inserted
After Order 10 of the Principal Rules insert—
"ORDER 11
SERIOUS OFFENDERS RULES
11.01Definition
In this Order, the Act means the Serious Offenders Act 2018.
11.02Application of Order
This Order applies to a proceeding in the Court under Part 3, 4 or 8 of the Act.
Note
See also Part 10 of the Act for procedure in respect of applications.
11.03Application for supervision order and renewal of supervision order
(1)A notice of application under section 13 of the Act for a supervision order shall be in Form 11A.
(2)A notice of application under section 22 of the Act for renewal of a supervision order shall be in Form 11B.
11.04Supervision order
A supervision order may be in Form 11C.
11.05Notice of application for declaration that a condition is a restrictive condition
A notice of application under section 40 of the Act for a declaration that a condition of a supervision order is a restrictive condition shall be in Form 11D.
11.06Notice of application to extend intensive treatment and supervision condition
A notice of application under section 43 of the Act for an extension of an intensive treatment and supervision condition shall be in Form 11E.
11.07Notice of application for interim supervision order and extension of interim supervision order
(1)A notice of application under section 46 of the Act for an interim supervision order shall be in Form 11F.
(2)Subject to section 57(5) of the Act, a notice of application under section 57 of the Act for extension of an interim supervision order shall be in Form 11G.
11.08Interim supervision order and order extending interim supervision order
(1)An interim supervision order under section 47 of the Act may be in Form 11H.
(2)An order under section 58 of the Act extending an interim supervision order may be in Form 11I.
11.09Notice of application for review of orders
A notice of application by the Secretary under section 99(1) of the Act for review of a supervision order shall be in Form 11J.
11.10Application for leave to review supervision order
(1)A notice of application under section 102(1) of the Act for leave to apply for a review of a supervision order shall be in Form 11K.
(2)A notice of an application under sections 102(1) and 112 of the Act for review of a supervision order on the ground of statutory amendments to the core conditions shall be in Form 11L.
11.11Notice of application for review of conditions of supervision order or interim supervision order
A notice of application under section 110 of the Act for leave to apply for a review of any condition of a supervision order or an interim supervision order (other than a core condition) shall be in Form 11M.
11.12Notice of application for review of intensive treatment and supervision condition
A notice of application under section 113 of the Act for a review of an intensive treatment and supervision condition imposed on a supervision order shall be in Form 11N.
11.13Order for a person to attend for examination
An order under section 127 of the Act may be in Form 11O.
11.14Notice of intention to dispute report
A notice under section 271 of intention to dispute the whole or a specified part of an assessment report, progress report or other report filed with or given to the Court on the hearing of an application under the Act—
(a)shall be in Form 11P; and
(b)must be served on the other party in accordance with section 342 of the Act.
11.15Filing of documents
Unless the Court otherwise orders, notice of an application and any accompanying assessment report, progress report or other report shall—
(a)be filed before the application is made with the associate to the Judge from whom the order is sought; and
(b)not be available for inspection by any person.".
6New Forms 11A to 11P inserted
After Form 10A in the Principal Rules insert—
| 'RULE 11.03(1) | FORM 11A |
CASE No.:
IN THE COUNTY COURT
OF VICTORIA
AT
IN THE MATTER of the Serious Offenders Act 2018
and
IN THE MATTER of an application under section 13 of that Act for a supervision order.
BETWEEN:
| THE SECRETARY TO THE DEPARTMENT OF JUSTICE AND REGULATION | Applicant |
AND
| C.D. | Respondent |
NOTICE OF APPLICATION FOR SUPERVISION ORDER
The Secretary to the Department of Justice and Regulation applies under section 13 of the Serious Offenders Act 2018 ("the Act") for a supervision order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act.
*C.D. is an eligible offender within the meaning of section 8(1) of the Act in that—
(a)C.D. is of or over the age of 18 years;
(b)a custodial sentence for a serious sex offence or a serious violence offence was imposed on C.D., as follows [insert particulars]; and
(c)C.D. is serving in Victoria—
*that custodial sentence.
*another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(ii) of the Act.
*another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(iii) of the Act.
*C.D. is an eligible offender within the meaning of section 8(2) of the Act in that—
(a)C.D. is remanded in custody or is serving a custodial sentence for an offence [insert details]; and
(b)at the time when C.D. was remanded in custody or began to serve the custodial sentence, C.D.—
*was the subject of an application for a supervision order, a detention order or an emergency detention order [insert details].
*was subject to a supervision order, an interim supervision order or an emergency detention order [insert details].
*C.D. is an eligible offender within the meaning of section 8(3) of the Act in that C.D. is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order [insert details].
C.D. has not ceased to be an eligible offender by the operation of section 8(4) of the Act in relation to any relevant appeal.
THIS APPLICATION is made upon the grounds that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence if a supervision order is not made and C.D. is in the community.
THE GROUNDS on which it is contended that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence if a supervision order is not made and C.D. is in the community are: [specify grounds]
THE PERIOD sought for the duration of the supervision order is: [insert period, not exceeding 15 years]
*THE CONDITIONS sought in respect of the supervision order, in addition to the core conditions set out in section 31 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 3 of the Act]
FILED with this notice *is/*are the following:
*assessment report [identify report]
*[if intensive treatment and supervision condition is being sought] treatment and supervision plan [identify plan]
Date:
[Signed]
for and on behalf
of the Secretary to the
Department of Justice
and Regulation
*delete if not applicable
| RULE 11.03(2) | FORM 11B |
CASE No.:
IN THE COUNTY COURT
OF VICTORIA
AT
IN THE MATTER of the Serious Offenders Act 2018
and
IN THE MATTER of an application under section 22 of that Act for renewal of a supervision order.
BETWEEN:
| THE SECRETARY TO THE DEPARTMENT OF JUSTICE AND REGULATION | Applicant |
AND
| C.D. | Respondent |
NOTICE OF APPLICATION FOR RENEWAL OF SUPERVISION ORDER
The Secretary to the Department of Justice and Regulation applies under section 22 of the Serious Offenders Act 2018 ("the Act") for the renewal of the supervision order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act.
*C.D. is an eligible offender within the meaning of section 8(1) of the Act in that—
(a)C.D. is of or over the age of 18 years;
(b)a custodial sentence for a serious sex offence or a serious violence offence was imposed on C.D., as follows [insert particulars]; and
(c)C.D. is serving in Victoria—
*that custodial sentence.
*another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(ii) of the Act.
*another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(iii) of the Act.
*C.D. is an eligible offender within the meaning of section 8(2) of the Act in that—
(a)C.D. is remanded in custody or is serving a custodial sentence for an offence [insert details]; and
(b)at the time when C.D. was remanded in custody or began to serve the custodial sentence, C.D.—
*was the subject of an application for a supervision order, a detention order or an emergency detention order [insert details].
*was subject to a supervision order, an interim supervision order or an emergency detention order [insert details].
*C.D. is an eligible offender within the meaning of section 8(3) of the Act in that C.D. is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order [insert details].
C.D. has not ceased to be an eligible offender by the operation of section 8(4) of the Act in relation to any relevant appeal.
THIS APPLICATION is made upon the grounds that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence if a renewed supervision order is not made and C.D. is in the community.
C.D. is currently subject to a supervision order and that order is still in force: [insert details]
THE GROUNDS on which it is contended that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence if a renewed supervision order is not made and C.D. is in the community are: [specify grounds]
THE PERIOD sought for the duration of the renewed supervision order is: [insert period, not exceeding 15 years]
*THE CONDITIONS sought in respect of the renewed supervision order, in addition to the core conditions set out in section 31 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 3 of the Act]
FILED with this notice *is/*are the following:
*assessment report [identify report]
*latest progress report [identify report]
Date:
[Signed]
for and on behalf
of the Secretary to the
Department of Justice
and Regulation
*delete if not applicable
| RULE 11.04 | FORM 11C |
[heading as in Form 11A]
SUPERVISION ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance (including by audiovisual link or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner]
OTHER MATTERS:
THE COURT IS SATISFIED that the making of a supervision order in respect of the offender C.D. under *section 14/*section 24/ *section 62 of the Serious Offenders Act 2018 ("the Act") is justified.
THE COURT STATES, under section 16(1) of the Act that THE COURT IS SATISFIED that the offender C.D. [name of offender] poses an unacceptable risk of committing:
*a serious sex offence
*a serious violence offence
*both a serious sex offence and a serious violence offence
as defined in the Act if a supervision order is not made and C.D. is in the community.
THE COURT ORDERS THAT:
1.C.D. [name of offender] be subject to a supervision order under *section 14/*section 24/*section 62 of the Act.
2.THIS ORDER commences on: [insert details in accordance with section 18 of the Act]
3.THE PERIOD for which this order remains in force is: [insert period, not exceeding 15 years]
4.THE LATEST DATE by which an application for the first review of this order under Part 8 of the Act must be made is: [insert period, being not later than 3 years after order is first made]
5.THE MAXIMUM INTERVAL(S) between subsequent reviews of this order *is/*are: [insert period, being no more than 3 years]
6.CORE CONDITIONS:
Pursuant to section 31 of the Act, the core conditions of this order that apply to C.D. during the period of the order are the following:
1. C.D. must not commit a serious sex offence in Victoria or elsewhere;
2. C.D. must not commit a serious violence offence in Victoria or elsewhere;
3. C.D. must not commit an offence referred to in Schedule 3 of the Act in Victoria or elsewhere;
4. If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;
5. If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;
6. If the Court requires C.D. to reside at a residential treatment facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;
7. If the Court requires C.D. to reside at a residential treatment facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;
8. C.D. must not engage in any behaviour or conduct that threatens the safety of any person (including C.D.);
9. C.D. must attend at any place directed by the Post Sentence Authority for the purpose of administering the conditions of this order;
10. C.D. must attend at any place directed by the Post Sentence Authority for the purpose of making assessments required by the Court, the Secretary to the Department of Justice and Regulation or the Director of Public Prosecutions for Victoria for the purposes of the Act (including a personal examination by a medical expert for the purpose of providing the Court with a report to assist the Court in determining the need for or the form of any condition of this order);
11. C.D. must report to, and receive visits from, the Secretary to the Department of Justice and Regulation or any person nominated by the Secretary to the Department of Justice and Regulation for the purposes of section 31(12) of the Act;
12. C.D. must notify the Post Sentence Authority of any change of employment or new employment (whether paid or unpaid) at least 2 clear days before commencing the changed or new employment;
13. C.D. must not leave Victoria except with the permission of the Post Sentence Authority granted either generally or in relation to a particular case;
14. C.D. must comply with a direction given by the Post Sentence Authority under the emergency power in section 142 of the Act;
15. C.D. must obey all instructions given by a community corrections officer or a specified officer under section 209 of the Act.
7.ADDITIONAL CONDITIONS UNDER DIVISION 3 OF PART 3 OF THE ACT: [insert any additional conditions]
[Signature of Judge]
*delete if not applicable
| RULE 11.05 | FORM 11D |
CASE No.:
IN THE COUNTY COURT
OF VICTORIA
AT
IN THE MATTER of the Serious Offenders Act 2018
and
IN THE MATTER of an application under section 40 of that Act for a declaration that a condition of a supervision order is a restrictive condition.
BETWEEN:
| THE SECRETARY TO THE DEPARTMENT OF JUSTICE AND REGULATION | Applicant |
AND
| C.D. | Respondent |
NOTICE OF APPLICATION FOR DECLARATION THAT A CONDITION IS A RESTRICTIVE CONDITION
The Secretary to the Department of Justice and Regulation gives notice of application under section 40 of the Serious Offenders Act 2018 ("the Act") for a declaration that the following *condition/*conditions imposed or sought to be imposed on a supervision order in respect of C.D. [name of offender] *is a restrictive condition/*are restrictive conditions:
[insert particulars]
The application for a declaration is to be made on:
*the making of a supervision order in respect of C.D. pursuant to [give details of relevant application for supervision order].
*the renewal of a supervision order in respect of C.D. pursuant to [give details of relevant application for renewal of supervision order].
*a review of a supervision order in respect of C.D. pursuant to [give details of relevant application for review of supervision order].
*a review of a condition of a supervision order in respect of C.D. pursuant to [give details of relevant application for review of condition].
THE GROUNDS on which it is contended that the declaration is necessary to address the risk of C.D. committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence or an offence referred to in Schedule 3 of the Act are: [specify grounds]
Date:
[Signed]
for and on behalf
of the Secretary to the
Department of Justice
and Regulation
*delete if not applicable
| RULE 11.06 | FORM 11E |
CASE No.:
IN THE COUNTY COURT
OF VICTORIA
AT
IN THE MATTER of the Serious Offenders Act 2018
and
IN THE MATTER of an application under section 43 of that Act for an extension of an intensive treatment and supervision condition.
BETWEEN:
| THE SECRETARY TO THE DEPARTMENT OF JUSTICE AND REGULATION | Applicant |
AND
| C.D. | Respondent |
NOTICE OF APPLICATION FOR EXTENSION OF AN INTENSIVE TREATMENT AND SUPERVISION CONDITION
The Secretary to the Department of Justice and Regulation applies under section 43 of the Serious Offenders Act 2018 for an extension of the intensive treatment and supervision condition imposed on the supervision order in respect of C.D. [name of offender].
C.D. is currently subject to a supervision order with an intensive treatment and supervision condition and that condition is still in force: [insert details]
*This is an application for a first extension of the condition. It is contended that an extension of the intensive treatment and supervision condition is necessary to reduce the risk of C.D. committing *a serious sex offence or/ *a serious violence offence or/*both a serious sex offence and a serious violence offence and that the risk cannot be reduced using less restrictive means of supervision. The grounds on which it is so contended are: [specify grounds]
*This is an application for a second or subsequent extension. It is contended that exceptional circumstances exist. The grounds on which it is so contended are: [specify grounds]
THE PERIOD sought for the duration of the extension is: [insert period, not exceeding 12 months]
FILED with this notice *is/*are the following:
treatment and supervision plan [identify plan]
*assessment report [identify report]
*latest progress report [identify report]
Date:
[Signed]
for and on behalf
of the Secretary to the
Department of Justice
and Regulation
*delete if not applicable
| RULE 11.07(1) | FORM 11F |
CASE No.:
IN THE COUNTY COURT
OF VICTORIA
AT
IN THE MATTER of the Serious Offenders Act 2018
and
IN THE MATTER of an application under section 46 of that Act for an interim supervision order.
BETWEEN:
| THE SECRETARY TO THE DEPARTMENT OF JUSTICE AND REGULATION | Applicant |
AND
| C.D. | Respondent |
NOTICE OF APPLICATION FOR INTERIM SUPERVISION ORDER
The Secretary to the Department of Justice and Regulation applies under section 46 of the Serious Offenders Act 2018 ("the Act") for an interim supervision order under section 47 of the Act in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act.
*C.D. is an eligible offender within the meaning of section 8(1) of the Act in that—
(a)C.D. is of or over the age of 18 years;
(b)a custodial sentence for a serious sex offence or a serious violence offence was imposed on C.D., as follows [insert particulars]; and
(c)C.D. is serving in Victoria—
*that custodial sentence.
*another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(ii) of the Act.
*another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(iii) of the Act.
*C.D. is an eligible offender within the meaning of section 8(2) of the Act in that—
(a)C.D. is remanded in custody or is serving a custodial sentence for an offence [insert details]; and
(b)at the time when C.D. was remanded in custody or began to serve the custodial sentence, C.D.—
*was the subject of an application for a supervision order, a detention order or an emergency detention order [insert details].
*was subject to a supervision order, an interim supervision order or an emergency detention order [insert details].
*C.D. is an eligible offender within the meaning of section 8(3) of the Act in that C.D. is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order [insert details].
C.D. has not ceased to be an eligible offender by the operation of section 8(4) of the Act in relation to any relevant appeal.
C.D. is the subject of:
*an application under section 13 of the Act for a supervision order which has been commenced but not determined [give details]; or
*an application under section 22 of the Act for renewal of a supervision order which has been commenced but not determined [give details].
*For the purposes of section 47(1)(a)(ii)(A) of the Act, C.D. is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 13 of the Act is determined.
*For the purposes of section 47(1)(b) of the Act, it is contended that the documents in support of the application under *section 13/*section 22 of the Act would, if proved, justify the *making/* renewal of a supervision order.
For the purposes of section 47(1)(c) of the Act, it is contended that it is in the public interest to make an interim supervision order, having regard to the following matters—
*The application under section 13 of the Act for a supervision order was not, or will not be, determined before C.D. is released from custody because: [specify reasons]
*The application under section 22 of the Act for renewal of a supervision order was not, or will not be, determined before the expiry of the previous supervision order because: [specify reasons].
*Further [specify the other matter(s) relied upon in support of the contention that it is in the public interest to make an interim supervision order].
*THE CONDITIONS sought in respect of the interim supervision order, in addition to the core conditions set out in section 31 of the Act, are: [insert proposed conditions in accordance with sections 48(2)(e) and 49 and Division 3 of Part 3 of the Act]
THE PERIOD sought for the duration of the interim supervision order is: [insert period in accordance with section 54 of the Act]
Date:
[Signed]
for and on behalf
of the Secretary to the
Department of Justice
and Regulation
*delete if not applicable
| RULE 11.07(2) | FORM 11G |
CASE No.:
IN THE COUNTY COURT
OF VICTORIA
AT
IN THE MATTER of the Serious Offenders Act 2018
and
IN THE MATTER of an application under section 57 of that Act for extension of an interim supervision order.
BETWEEN:
| THE SECRETARY TO THE DEPARTMENT OF JUSTICE AND REGULATION | Applicant |
AND
| C.D. | Respondent |
NOTICE OF APPLICATION FOR EXTENSION OF INTERIM SUPERVISION ORDER
The Secretary to the Department of Justice and Regulation applies under section 57 of the Serious Offenders Act 2018 ("the Act") for the extension of an interim supervision order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act.
*C.D. is an eligible offender within the meaning of section 8(1) of the Act in that—
(a)C.D. is of or over the age of 18 years;
(b)a custodial sentence for a serious sex offence or a serious violence offence was imposed on C.D., as follows [insert particulars]; and
(c)C.D. is serving in Victoria—
*that custodial sentence.
*another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(ii) of the Act.
*another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(iii) of the Act.
*C.D. is an eligible offender within the meaning of section 8(2) of the Act in that—
(a)C.D. is remanded in custody or is serving a custodial sentence for an offence [insert details]; and
(b)at the time when C.D. was remanded in custody or began to serve the custodial sentence, C.D.—
*was the subject of an application for a supervision order, a detention order or an emergency detention order [insert details].
*was subject to a supervision order, an interim supervision order or an emergency detention order [insert details].
*C.D. is an eligible offender within the meaning of section 8(3) of the Act in that C.D. is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order [insert details].
C.D. has not ceased to be an eligible offender by the operation of section 8(4) of the Act in relation to any relevant appeal.
C.D. is currently subject to an interim supervision order and that order is still in force: [insert details]
C.D. is the subject of—
*an application under section 13 of the Act for a supervision order which has been commenced but not determined [give details].
*an application under section 22 of the Act for renewal of a supervision order which has been commenced but not determined [give details].
For the purposes of section 47(1)(a)(ii)(A) of the Act (as applied by section 58(2) of the Act), C.D. is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 13 of the Act is determined.
*For the purposes of section 47(1)(a)(ii)(B) of the Act (as applied by section 58(2) of the Act), the previous supervision order has expired or will have expired before the application under section 22 of the Act is determined.
*For the purposes of section 47(1)(b) of the Act (as applied by section 58(2) of the Act), it is contended that the documents in support of the application under *section 13/*section 22 of the Act would, if proved, justify the *making/*renewal of a supervision order.
For the purposes of section 47(1)(c) of the Act (as applied by section 58(2) of the Act), it is contended that it is in the public interest to extend the interim supervision order, having regard to the following matters—
*The application under section 13 of the Act for a supervision order was not, or will not be, determined before C.D. is released from custody because: [specify reasons]
*The application under section 22 of the Act for renewal of a supervision order was not, or will not be, determined before the expiry of the previous supervision order because: [specify reasons].
*Further [specify the other matter(s) relied upon in support of the contention that it is in the public interest to extend the interim supervision order].
*THE CONDITIONS sought in respect of the extended interim supervision order, in addition to the core conditions set out in section 31 of the Act, are: [insert proposed conditions in accordance with sections 58(3) and 59(2)(d) and Division 3 of Part 3 of the Act]
THE PERIOD sought for the duration of the extended interim supervision order is: [insert period in accordance with sections 54(2) and 58 of the Act]
Date:
[Signed]
for and on behalf
of the Secretary to the
Department of Justice
and Regulation
*delete if not applicable
| RULE 11.08(1) | FORM 11H |
[heading as in Form 11A]
INTERIM SUPERVISION ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance (including by audiovisual or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner]
OTHER MATTERS:
THE COURT STATES, under section 48(1) of the Serious Offenders Act 2018 ("the Act"), that THE COURT IS SATISFIED that the making of this interim supervision order under section 47 of the Act is justified and that it is in the public interest to make the order.
THE COURT ORDERS THAT:
1.C.D. [name of offender] be subject to an interim supervision order under section 47 of the Act.
2.THIS ORDER commences on: [insert details in accordance with section 53 of the Act]
3.THE PERIOD of this order is: [insert period in accordance with section 54 of the Act]
4.CORE CONDITIONS:
Pursuant to section 31 of the Act, the core conditions of this order that apply to C.D. during the period of the order are the following:
1. C.D. must not commit a serious sex offence in Victoria or elsewhere;
2. C.D. must not commit a serious violence offence in Victoria or elsewhere;
3. C.D. must not commit an offence referred to in Schedule 3 of the Act in Victoria or elsewhere;
4. If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;
5. If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;
6. If the Court requires C.D. to reside at a residential treatment facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;
7. If the Court requires C.D. to reside at a residential treatment facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;
8. C.D. must not engage in any behaviour or conduct that threatens the safety of any person (including C.D.);
9. C.D. must attend at any place directed by the Post Sentence Authority for the purpose of administering the conditions of this order;
10. C.D. must attend at any place directed by the Post Sentence Authority for the purpose of making assessments required by the Court, the Secretary to the Department of Justice and Regulation or the Director of Public Prosecutions for Victoria for the purposes of the Act (including a personal examination by a medical expert for the purpose of providing the Court with a report to assist the Court in determining the need for or the form of any condition of this order);
11. C.D. must report to, and receive visits from, the Secretary to the Department of Justice and Regulation or any person nominated by the Secretary to the Department of Justice and Regulation for the purposes of section 31(12) of the Act;
12. C.D. must notify the Post Sentence Authority of any change of employment or new employment (whether paid or unpaid) at least 2 clear days before commencing the changed or new employment;
13. C.D. must not leave Victoria except with the permission of the Post Sentence Authority granted either generally or in relation to a particular case;
14. C.D. must comply with a direction given by the Post Sentence Authority under the emergency power in section 142 of the Act;
15. C.D. must obey all instructions given by a community corrections officer or a specified officer under section 209 of the Act.
5.ADDITIONAL CONDITIONS UNDER DIVISION 3 OF PART 3 OF THE ACT: [insert any additional conditions]
[Signature of Judge]
| RULE 11.08(2) | FORM 11I |
[heading as in Form 11A]
ORDER EXTENDING INTERIM SUPERVISION ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance (including by audiovisual or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner]
OTHER MATTERS:
THE COURT STATES, under section 59(1) of the Serious Offenders Act 2018 ("the Act"), that THE COURT IS SATISFIED that this extension of the interim supervision order to which C.D. [name of offender] is subject is justified and that it is in the public interest to grant the extension.
THE COURT ORDERS THAT:
1.THE INTERIM SUPERVISION ORDER under the Act made on [insert date of interim supervision order] to which C.D. [name of offender] is subject be extended.
2.THE PERIOD for which the interim supervision order is extended is: [insert period, in accordance with sections 54(2) and 58 of the Act].
*3.THE CONDITIONS of the interim supervision order are varied, added or removed as follows: [specify changes made to conditions of interim supervision order]
[Signature of Judge]
*delete if not applicable
| RULE 11.09 | FORM 11J |
[heading as in Form 11A]
NOTICE OF APPLICATION BY SECRETARY FOR REVIEW OF SUPERVISION ORDER
The Secretary to the Department of Justice and Regulation applies under section 99 of the Serious Offenders Act 2018 for a review of the supervision order made by the Court on [insert date of order].
THE ORDER sought is: [set out the nature of the order sought]
FILED with this notice is a progress report in respect of C.D. [identify report]
Date:
[Signed]
for and on behalf of
the Secretary to the Department
of Justice and Regulation
*delete if not applicable
| RULE 11.10(1) | FORM 11K |
[heading as in Form 11A]
NOTICE OF APPLICATION FOR LEAVE TO APPLY FOR REVIEW OF SUPERVISION ORDER
*The Secretary to the Department of Justice and Regulation applies under section 102(1) of the Serious Offenders Act 2018 ("the Act") for leave of the Court to apply for a review of the supervision order made by the Court on [insert date of order] and, if leave be granted, review of that supervision order. This application is made *on the Secretary's own motion/*on the recommendation of the Post Sentence Authority.
*The Director of Public Prosecutions applies under section 102(1) of the Act for leave of the Court to apply for a review of the supervision order made by the Court on [insert date of order] and, if leave be granted, review of that supervision order.
*I, C.D. apply under section 102(1) of the Act for leave of the Court to apply for a review of the supervision order made by the Court [insert date of order] and, if leave be granted, review of that supervision order.
THE GROUNDS on which this application is made are:
*the following new facts or circumstances would justify a review of the order [specify]
*the following reasons justify the review of the order in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation [specify]
THE ORDER sought is: [set out the nature of the order sought]
FILED with this notice is a progress report in respect of C.D. [identify report]
Date:
[Signed by Applicant]
*delete if not applicable
| RULE 11.10(2) | FORM 11L |
[heading as in Form 11A]
NOTICE OF APPLICATION FOR REVIEW OF SUPERVISION ORDER ON GROUND OF STATUTORY AMENDMENTS TO CORE CONDITIONS
*The Secretary to the Department of Justice and Regulation applies under sections 102(1) and 112 of the Serious Offenders Act 2018 ("the Act") for a review of the supervision order made by the Court on [insert date of order]. This application is made *on the Secretary's own motion/*on the recommendation of the Post Sentence Authority.
*The Director of Public Prosecutions applies under sections 102(1) and 112 of the Act for a review of the supervision order made by the Court on [insert date of order].
*I, C.D. apply under sections 102(1) and 112 of the Act for a review of the supervision order made by the Court [insert date of order].
THE GROUND on which this application is made is that amendments to section 31 of the Act which amend the core conditions to which the supervision order is subject have come into operation since the supervision order was made or last renewed or reviewed [give details].
*Further, it is sought, under section 112(2)(b) of the Act, that the Court deal with another matter or matters that could be the subject of an application under section 102 of the Act [give details of the matter or matters].
*There are new facts or circumstances which would justify the review of the supervision order [give details]
*It would be in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation, to review the order [give reasons].
THE ORDER sought is: [set out the nature of the order sought]
FILED with this notice is a progress report in respect of C.D. [identify report]
Date:
[Signed by Applicant]
*delete if not applicable
| RULE 11.11 | FORM 11M |
[heading as in Form 11A]
NOTICE OF APPLICATION FOR LEAVE TO APPLY FOR REVIEW OF CONDITIONS OF SUPERVISION ORDER OR INTERIM SUPERVISION ORDER
*The Secretary to the Department of Justice and Regulation applies under section 110 of the Serious Offenders Act 2018 ("the Act") for leave of the Court to apply for a review of the conditions, other than the core conditions, of the *supervision order/*interim supervision order made by the Court on [insert date of order] and, if leave be granted, review of those conditions.
*I, C.D. apply under section 110 of the Act for leave of the Court to apply for a review of the conditions, other than the core conditions, of the *supervision order/*interim supervision order made by the Court on [insert date and relevant details of order] and, if leave be granted, review of those conditions.
*THE CONDITION(S) which *is/*are the subject of this application are: [specify condition(s) to which the application relates]
THE GROUNDS on which this application is made are as follows:
*New facts and circumstances justifying the review have arisen since the conditions were made [specify new facts and circumstances justifying review].
*It would generally be in the interests of justice, having regard to the purposes of the condition and the manner or effect of their implementation, to review the conditions [specify reasons the review is justified in the interests of justice].
THE ORDER sought is: [set out the nature of the order sought]
FILED with this notice are:
*progress report in respect of C.D. [identify report]
*certificate of available resources
Date:
[Signed by Applicant]
*delete if not applicable
| RULE 11.12 | FORM 11N |
[heading as in Form 11A]
NOTICE OF APPLICATION BY SECRETARY FOR REVIEW OF INTENSIVE TREATMENT AND SUPERVISION CONDITION
The Secretary to the Department of Justice and Regulation applies under section 113 of the Serious Offenders Act 2018 for a review of the intensive treatment and supervision condition imposed on a supervision order made by the Court on [insert date of order] in respect of C.D.
*THE CONDITION which is the subject of this application is: [specify the condition to which the application relates]
THE ORDER sought is: [set out the nature of the order sought]
FILED with this notice are:
treatment and supervision plan in relation to C.D. [identify plan]
*assessment report [identify report]
*latest progress report [identify report]
Date:
[Signed]
for and on behalf
of the Secretary to the
Department of Justice
and Regulation
*delete if not applicable
| RULE 11.13 | FORM 11O |
[heading as in Form 11A]
ORDER TO ATTEND FOR EXAMINATION
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance (including by audiovisual link or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]
THE COURT ORDERS THAT under section 127 of the Serious Offenders Act 2018 C.D. [name of offender] attend for a personal examination by a medical expert or other person [insert name and any other relevant details of expert or other person who is to conduct the personal examination and the time and place required for the attendance for examination] for the purpose of enabling that expert or other person to make a report, or give evidence, to the Court.
[Signature of Judge]
NOTE
To [name of offender]:
This order requires you to attend for a personal examination. However, in accordance with section 127(2) of the Act, this order does not require you to submit to a physical examination or in any way actively to cooperate in the carrying out of a personal examination.
| RULE 11.14 | FORM 11P |
NOTICE OF INTENTION TO DISPUTE ASSESSMENT REPORT, PROGRESS REPORT OR OTHER REPORT TO COURT
To the Registrar:
TAKE NOTICE THAT:
*The Secretary to the Department of Justice and Regulation intends
*The Director of Public Prosecutions intends
*I, C.D. intend
under section 271 of the Serious Offenders Act 2018 to dispute the *whole of/*a specified part of *an assessment report/*a progress report/*a report made to the Court/*any other report.
PARTICULARS
I INTEND TO DISPUTE:
*the whole of the assessment report [identify report]
*part of the assessment report [identify report and part disputed]
*the whole of the progress report [identify report]
*part of the progress report [identify report and part disputed]
*the whole of another report [identify report]
*part of another report [identify report and part disputed]
THE GROUNDS on which I intend to dispute *the report/*part of the report are: [set out the grounds].
Date:
[Signature of party giving
notice or party's legal advisor]
*delete if not applicable.'.
Dated: 12 February 2019
| P. B. KIDD, Chief Judge | J. L. PARRISH |
| S. M. COHEN | M. H. TINNEY |
| M. E. SEXTON | G. T. CANNON |
| F. E. HOGAN | J. F. CARMODY |
| I. E. LAWSON | M. F. MACNAMARA |
| E. M. GAYNOR | W. E. STUART |
| P. J. COISH | C. J. RYAN |
| W. A. WILMOTH | P. J. COSGRAVE |
| F. MILLANE | G. F. MEREDITH |
| F. P. HAMPEL | R. W. DYER |
| J. G. MORRISH | C. M. QUIN |
| P. D. GRANT | A. J. CHAMBERS |
| S. E. PULLEN | A. J. TSALAMANDRIS |
| L. A. HANNAN | S. L. MARKS |
| M. D. MURPHY | E .W. WOODWARD |
| C. M. O'NEILL | C. R. GWYNN |
| P. G. MISSO | D. TRAPNELL |
| P. M. E. WISCHUSEN | A. M. RYAN |
| P. G. LACAVA | P. HIGHAM |
| P. M. TAFT | P. RIDDELL |
| F. SACCARDO | J. CONDON |
| M. A. GAMBLE | A. FOX |
| H. T. MASON | S. JOHNS |
| G. P. MULLALY | D. SEXTON |
═════════════
Endnotes
[1] Rule 4: S.R. No. 183/2009. Reprint No. 2 as at 1 March 2018. Reprinted to S.R. No. 24/2018. Subsequently amended by S.R. No. 134/2018.
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