Secretary to the Department of Justice and Community Safety v Justin Hayes (a pseudonym)

[2020] VCC 870

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

COMMON LAW DIVISION

Revised
Not Restricted
 Suitable for Publication

SECRETARY TO THE DEPARTMENT OF JUSTICE AND COMMUNITY SAFETY

v

JUSTIN HAYES (A PSEUDONYM)

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JUDGE:	Judge Pillay
WHERE HELD:	Melbourne
DATE OF HEARING:	2 June 2020
CASE MAY BE CITED AS:	Secretary to the Department of Justice and Community Safety v Justin Hayes (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2020] VCC 870

REASONS FOR RULING
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Subject:  Supervision Order

Catchwords:             Review of Supervision Order – whether the respondent poses an unacceptable risk – non publication order

Legislation Cited:     Serious Offenders Act 2018 (Vic)
Ruling:  Application granted

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APPEARANCES:	Counsel	Solicitors
For the Applicant	F Holmes	MinterEllison
For the Respondent	R de Krester	Stary Norton Halphen

HIS HONOUR:

1 Ms Holmes, appearing for the Secretary to the Department of Justice and Community Safety (“the Secretary”) makes application for review of a supervision order under s 99 of the Serious Offenders Act 2018 (Vic) (“the Act”). The respondent, Mr Hayes,[1] is represented on the application by Mr de Kretser.

[1]A pseudonym

2       Mr de Krester advised that the respondent did not oppose the making of the order or the proposed conditions. However, it is still a matter for me to determine whether the test for the making of the order has been met and if so, the conditions that are appropriate on the order.

3       I have had the opportunity to read the assessment reports prepared by Dr Michael Davis, Consultant Forensic Psychologist, dated 18 November 2019. Based on the material in that report, I am satisfied that the respondent poses an unacceptable risk of committing a relevant offence if a supervision order is not in effect and he is released unsupervised in the community. I am satisfied that the core conditions and additional conditions that both Counsel submit are necessary to address the risk of further offending are appropriate..

4 I therefore order that Mr Hayes be subject to a supervision order under the Act. The supervision order made 4 May 2011 is not revoked. The supervision order remains in force until 3 July 2023. The supervision order is to be subject to the conditions consented to by the respondent and detailed in paragraphs 4, 5 6 and 7 of the formal order signed by me on 2 June 2020.

5 Finally, I make an order pursuant to s 279 of the Act, that it is in the public interest to prohibit publication of information that might enable the respondent or his whereabouts to be identified. The form of the order under s 279 is set out in paragraph 8 of the formal order signed by me on 2 June 2020.