Secretary to the Department of Justice and Community Safety v TPR (a pseudonym)
[2025] VCC 1556
•29 October 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CIVIL DIVISION | Revised Not Restricted Suitable for Publication |
APPEALS AND POST SENTENCE APPLICATIONS LIST
| THE SECRETARY TO THE DEPARTMENT OF JUSTICE AND COMMUNITY SAFETY | Applicant |
| v | |
| TPR (A PSEUDONYM) | Respondent |
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JUDGE: | HIS HONOUR JUDGE OVER | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 28 October 2025 | |
DATE OF JUDGMENT: | 29 October 2025 | |
CASE MAY BE CITED AS: | Secretary to the Department of Justice and Community Safety v TPR (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1556 | |
REASONS FOR MAKING INTERIM SUPERVISION ORDER
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Subject:SUPERVISION ORDER
Catchwords: Application for an interim supervision order – Renewal application made but it will not be determined before expiry of the supervision order – Material filed in the renewal application which, if proved, would support the respondent being a moderate to high risk of committing a serious sex offence – The respondent consented to the making of the interim supervision order including conditions – Interim supervision order made – Non-publication order made
Legislation Cited: Serious Offenders Act 2018; Sex Offenders Registration Act 2004
Cases Cited:Nigro v The Secretary to the Department of Justice (2013) 41 VR 359; Secretary to the Department of Justice and Community Safety v SJW(No 2) [2023] VSC 506; Secretary to the Department of Justice and Community Safety v SJW (No 3) [2025] VSC 441
Judgment: The Court made an interim supervision order and a non-publication order
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APPEARANCES: | Solicitors | |
| For the applicant | Mr A Imrie, counsel | Russell Kennedy |
| For the respondent | Mr J Loftus, solicitor | Victoria Legal Aid |
HIS HONOUR:
1The Secretary to the Department of Justice and Community Safety (“the Secretary”) applied for an interim supervision order in respect of the respondent pursuant to s46 of the Serious Offenders Act 2018 (“the Act”).[1]
[1]A reference to the Serious Offenders Act 2018 is to version 14 of that Act, which commenced on 11 September 2025
2The parties agreed that the Court should make an interim supervision order and the conditions of the order. The respondent sought a non-publication order as to his identity and location pursuant to s279 of the Act. The Secretary opposed a non-publication order as to his identity, and it did not consent nor oppose such an order as to his location.
3The issues in the proceeding were whether the Court should make an interim supervision order and a non-publication order as to one or both the respondent’s identity and location.
4The Court made an interim supervision order on 28 October 2025 and a non-publication order for the respondent’s identity and location. Annexed to these reasons is the order made but with information that could identify the respondent and his location removed.
5These are my reasons for the order made. Pursuant to s133(a) of the Act, a court must state its reasons for its determination of an application for an interim supervision order. That obligation applies even if parties have agreed what order should be made.
Power to make an interim supervision order
6The Court may make an interim supervision order in respect of the respondent if:
(a) he is an eligible offender;[2]
(b) an application has been made for a renewal of a supervision order under s22 of the Act but that application has not been determined;[3]
(c) the previous supervision order has expired or will have expired before the renewal application is determined;[4]
(d) it appears to the Court that the documents in support of the renewal application would, if proved, justify the renewal of the supervision order;[5] and
(e) the Court is satisfied that it is in the public interest to make an interim suppression order.[6]
[2]The Act, ss46(1), 47(1)
[3] Ibid, s47(1)(a)(i)
[4] Ibid, s47(1)(a)(ii)(B)
[5]Ibid, s47(1)(b)
[6]Ibid, s47(1)(c)
Is the respondent an “eligible offender”?
7The respondent is the subject to a supervision order that was renewed on 7 November 2022 and will expire on 6 November 2025. Pursuant to s8(3) of the Act, he was an “eligible offender” when the order was made.
Is there an extant renewal application?
8The Secretary applied to renew the supervision order on 5 September 2025. As is common practice, an interim supervision order was also sought in case the renewal application could not be heard and determined before 6 November 2025, being the date for the expiry of the supervision order.
9The renewal application was scheduled to be heard on 28 October 2025, but it has been adjourned.
10The respondent has been charged with three breaches of the supervision order, one charge of breaching his reporting obligations pursuant to the Sex Offenders Registration Act 2004, and one charge of theft.[7]
[7]See Corrections Victoria’s special report endorsed on 29 August 2025
11The respondent contests the charges. There will be hearings in early November 2025 in respect of the contested charges. The parties agreed the contested charges should be heard and determined before the hearing of the renewal application. On this basis, the renewal application has been listed for a directions hearing in February 2026.
12I was satisfied the renewal application would not be heard until after the expiry date of the supervision order.
Is an interim supervision order justified?
13The Secretary relies on the following documents in support of the renewal application and the interim application:
(a) the progress report of Mr Simon Candlish dated 1 June 2025;
(b) the material relied upon by Mr Candlish for his assessment;
(c) the antecedents of the respondent, as outlined in the Victoria Police criminal history;
(d) Corrections Victoria’s special report endorsed on 29 August 2025; and
(e) a further report from Mr Candlish dated 27 October 2025.
The antecedents of the respondent
14The following is taken from the Victorian Police criminal history.
15In 2008 the respondent was convicted of making and producing child pornography (three counts) and placed on a community based order for two years.
16In early 2009, the respondent was convicted of breaching the community based order by failing to attend for programs on two occasions and failing to take medication prescribed by a psychiatrist. The respondent’s community based order was cancelled, and he was sentenced to 12 months’ imprisonment. On the same date, the respondent was sentenced to an additional month’s imprisonment relating to the restoration of a suspended sentence for a driving offence. The respondent was also sentenced to three months’ imprisonment for breaches of an intervention order that related to his neighbours’ children, and two months’ imprisonment for another driving offence, to be served concurrently with the other sentences imposed on that day. The total effective sentence was 13 months’ imprisonment.
Prior sexual offending
17In early 1993, the respondent was convicted of false imprisonment, causing a child under 16 to be abducted for sexual penetration, and indecent act with a child under 16 (two charges). This offending involved the respondent taking the victims (nine and 11-year-old girls) from the street into private premises where he committed the indecent acts. Sentencing was adjourned for five years with a good behaviour bond.
18In late 1993, the respondent was convicted of unlawful assault and released on a two-year good behaviour bond. This offending occurred in September 1993 and involved the respondent kissing a young girl.
19In late 1994, the respondent was convicted and sentenced for child stealing and committing indecent act with a child under 16. The circumstances of the further offending were that the respondent took a seven-year-old girl away from her family and into a secluded location and committed the indecent assault.
20In late 1994, the respondent was sentenced for the matters that were adjourned from early 1993 of false imprisonment, causing a child under 16 to be abducted for sexual penetration, indecent act with a child under 16 (two charges), as well as for further offences that were committed in early 1994. The respondent was sentenced to a total sentence of eight years’ imprisonment with a non-parole period of four years and six months.
21In 2001, the respondent was convicted in the Magistrates’ Court of loitering near a school. The respondent was sentenced to six months’ imprisonment, wholly suspended for two years.
22In 2007, the respondent was convicted of making and producing child pornography. The respondent was placed on a community based order for two years.
23In 2008, the respondent was convicted of three charges of making and producing child pornography. The respondent was placed on a community based order for two years.
Mr Candlish’s opinion
24The respondent did not file a notice of intention to dispute Mr Candlish’s progress report,[8] and he did not at the hearing seek to cross-examine Mr Candlish about his assessment of the risk of the respondent committing a serious sexual offence. His reports were tendered without the need for calling him.
[8]The Act, s271
25Mr Candlish interviewed the respondent on 8 May 2025. He had extensive additional material, which he set out in his report. Mr Candlish had previously assessed the respondent on numerous occasions since 2013, with the last progress report dated 25 July 2024.
26Mr Candlish set out in his report salient matters including his understanding of the respondent’s offending history, his review of the additional material, and his examination. He employed an actuarial approach as well as structured professional judgement approaches. He used three tools to assist in his assessment of the respondent’s risk of further offending, being the Static-99R, the Risk for Sexual Violence Protocol second edition (“RSVP-V2”), and the Assessment of Risk and Manageability for Individuals with Intellectual Limitations who Offend Sexually (“ARMIDILO-S”).
27Mr Candlish opined the respondent is a moderate to high risk of committing a sexual offence by possessing or viewing child abuse and exploitation material:
“[TPR] appears most at risk for further possession of child abuse and exploitation material. He might become stressed or feel bored and use the Internet to access pornography. He might justify to himself that viewing such material is his right and that it is not harmful or that it is less harmful than contact offending. He might begin by viewing legal adult websites and progress to sites revealing child exploitation and abuse material or he might proceed directly to these illegal websites.
[TPR] might also use various non-illegal material depicting female children for the purpose of sexual arousal.”[9]
[9] Mr Candlish progress report dated 1 June 2015 (“Candlish report”), [175-176]
28Mr Candlish opined that the respondent is a moderate to high risk of committing a sexual offence by engaging in child abuse:
“Although [TPR] has not been detected engaging in any known contact offending since 1994; his predatory behaviour against stranger female children, his loitering behaviour in 2001 and 2007, his entrenched sexual deviance, and his persistence in accessing child exploitation material, all have relevance in considering his risk for contact offending.
Should [TPR] re-offend with a contact offence, he might grab a stranger female child and take the child to a secluded place. [TPR] might attempt to coerce a child to engage in sexual activity through the use of force or drugs as well as verbal threats and verbal intimidation. He might kiss the child and rub his penis on the child’s vagina. Such offending is most likely to occur in the context of limited restrictions or monitoring whereby he sees an opportunity to offend and not be detected.”[10]
[10] Candlish report, [128-129]
29Mr Candlish opined the respondent is a moderate to high risk of loitering around schools or other areas where children are congregating.[11]
[11] Ibid, [130]
30Mr Candlish asserted that the respondent’s risk for sexual offending might be perpetuated by:
“unaddressed and reinforced deviant sexual interests, viewing of child abuse material, or viewing images of children more broadly. His risk may be perpetuated through limited social networks and limited intimate relationships. His risk is perpetuated by distorted and problematic attitudes that fail to appreciate the harm of such behaviour and the consequences for others as well as himself. Continued positive impression management and superficial engagement is likely to perpetuate his risk”[12]
[12] Ibid, [187]
31Mr Candlish identified further factors that could increase the respondent’s risk of offending: unaddressed and reinforced sexual deviance, an increase in sexual preoccupation and frustration, increased negativity and hostility, heightened stressors and poor coping, social isolation and alienation, stagnancy in lifestyle and avoidance and/or difficulties with meaningful engagement in interventions designed to increase his risk management capacity.
32I was satisfied that the material relied on by the respondent in the renewal application would, if proved, justify the making of a supervision order. Mr Candlish’s progress report assessed the respondent as a moderate to high risk of committing a serious sexual offence. If this risk manifested it would likely cause serious damage to any victim who is likely to be a female child. The risk assessed by Mr Candlish, if proved, would be unacceptable.[13]
[13]Nigro v The Secretary to the Department of Justice (2013) 41 VR 359; Secretary to the Department of Justice and Community Safety v SJW(No 2) [2023] VSC 506; Secretary to the Department of Justice and Community Safety v SJW (No 3) [2025] VSC 441
33I note that whether in fact the respondent is an unacceptable risk and whether there should be a renewal of the supervision order remain to be determined at a later date.
Is it in the public interest to make the interim supervision order?
34Given the renewal application will not be heard until after the supervision order expires and the material about the risk that the respondent poses of committing a serious sexual offence, I was satisfied that it is in the public interest for the interim supervision order to be made. The making of the interim supervision order will serve the purposes of the Act by enhancing protection of the community by seeking to minimise the risk of the respondent committing a serious sexual offence.
The conditions of the interim supervision order
35The conditions of the interim supervision order are based on the conditions of the existing supervision order.
36Having made an interim supervision order, the Court had to determine the conditions of the order.[14] That power needs to be seen in the following context:
[14]The Act, s49.
(a) an interim supervision order must contain the core conditions set out in s31 of the Act;[15]
[15]Ibid, s31, which applies by operation of s49
(b) a court must consider whether to impose the discretionary conditions referred to in ss34 and 35,[16] and it has a discretion to impose a condition under ss36 to 38 of the Act;
[16] Ibid, s33, which applies by operation of s49
(c) in deciding whether to impose conditions on an interim supervision order, a court must consider the following:
(i)the primary purpose of the conditions of an order is to reduce the risk of the offender re-offending by committing a serious sex offence and/or a serious violence offence or an offence referred to in Schedule 3 of the Act;
(ii)the secondary purpose of the conditions of an order is to provide for the reasonable concerns of the victim or victims of the offender in relation to their own safety and welfare;
(iii)in order to reduce the risk of the offender re-offending, the conditions may:
1) promote the rehabilitation and treatment of the offender; and
2) address the types of behaviour that may increase the risk of the offender committing a serious sex offence and/or a serious violence offence or an offence referred to in Schedule 3, or engaging in any behaviour or conduct that threatens the safety of any person (including the offender); and
(iv)the conditions must constitute the minimum interference with the offender's liberty, privacy or freedom of movement that is necessary in the circumstances to ensure the purposes of the condition and must reasonably relate to the gravity of the risk of the offender re-offending.[17]
[17] The Act, s27, which applies by operation of s49
37By the time of hearing, the parties had agreed the proposed conditions of the interim supervision order. The agreement did not obviate the need for the Court to be satisfied of relevant matters or to give reasons for its determination.
38I reviewed the proposed conditions of the interim supervision order and the material filed in support of the renewal application and the interim application.
39I was satisfied the proposed conditions constitute the minimum interference with the respondent’s liberty that is necessary in the circumstances to ensure the primary and secondary purposes of conditions of a supervision order, and they are reasonably related to the gravity of the risk of the respondent committing a serious sexual offence. Given the parties agreed the conditions of the supervision order, I will limit my reasons for the determination to the following general comments:
(a) the interim supervision order has similar conditions to the supervision order. The supervision order was confirmed when last reviewed on 20 March 2025;
(b) the conditions of the interim supervision order are directed to managing the risk posed by the respondent that arises from Mr Candlish’s assessment in his progress report;
(c) the conditions in the interim supervision order restrict the liberty, privacy and freedom of movement of the respondent but in my view that interference is the minimum necessary to reduce the risk posed by the respondent that arises from Mr Candlish’s assessment in his progress report.
Should a non-publication order be made?
40The respondent sought a non-publication order in respect of his identity and his location. In determining whether to make such an order, I had to take account of the matters in s280 of the Act, which I did. This includes evidence of the respondent’s compliance (and non-compliance) with supervision orders. This includes his found breaches of the supervision order and the outstanding and undetermined charges related to the supervision order. I also have regard to his lack of compliance at times with his reporting obligations and his recent charge. Without seeking to diminish the seriousness of breaches of supervision orders and reporting obligations, it was not clear to me why this non-compliance should mean the public should know the identity or location of the respondent.
41Mr Candlish provided a report dated 27 October 2025. In that report, he opined that publication of the respondent’s identity and location could adversely affect his rehabilitation and treatment and increase his risk of sexually offending.
42The overriding purpose of a supervision order is the safety and protection of the community and that purpose could be undermined with publication of the respondent’s identity and location. I made a non-publication order in condition 7 as it was in the public interest for the order to be made.
ANNEXURE A
THE COURT ORDERS THAT:
[THE RESPONDENT] be subject to an interim supervision order made under section 47 of the Act.
The interim supervision order commences on 6 November 2025.
The period of the interim supervision order is 4 months so that it expires on 6 March 2026.
CONDITIONS OF THE INTERIM SUPERVISION ORDER
CORE CONDITIONS
Pursuant to section 31 of the Act, the core conditions of this interim supervision order are that, during the period of the interim supervision order:
4.1[THE RESPONDENT] must not commit a serious sex offence in Victoria or elsewhere.
4.2[THE RESPONDENT] must not commit a serious violence offence in Victoria or elsewhere.
4.3[THE RESPONDENT] must not commit an offence referred to in Schedule 3 of the Act in Victoria or elsewhere.
4.4If the Court requires [THE RESPONDENT] to reside at a residential facility or the Post Sentence Authority (Authority) directs [THE RESPONDENT] to reside at a residential facility, [THE RESPONDENT] 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.
4.5If the Court requires [THE RESPONDENT] to reside at a residential facility or the Authority directs [THE RESPONDENT] to reside at a residential facility, [THE RESPONDENT] must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act.
4.6If the Court requires [THE RESPONDENT] to reside at a residential treatment facility, [THE RESPONDENT] 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.
4.7If the Court requires [THE RESPONDENT] to reside at a residential treatment facility, [THE RESPONDENT] must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act.
4.8[THE RESPONDENT] must not engage in any behaviour or conduct that threatens the safety of any person (including [THE RESPONDENT]).
4.9[THE RESPONDENT] must attend at any place directed by the Authority for the purpose of administering the conditions of the order.
4.10[THE RESPONDENT] must attend at any place directed by the Authority for the purpose of making assessments required by the Court, the Secretary to the Department of Justice and Community Safety (Secretary) or the Director of Public Prosecutions 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 the order).
4.11[THE RESPONDENT] must report to, and receive visits from, the Secretary or any person nominated by the Secretary for the purposes of section 31(12) of the Act.
4.12[THE RESPONDENT] must notify the Authority of any change of employment or new employment (whether paid or unpaid) at least two clear days before commencing the changed or new employment.
4.13[THE RESPONDENT] must not leave Victoria except with the permission of the Authority granted either generally or in relation to a particular case.
4.14[THE RESPONDENT] must comply with a direction given by the Authority under the emergency power in section 142 of the Act.
4.15[THE RESPONDENT] must obey all instructions given by a community corrections officer or a specified officer under section 209 of the Act.
ADDITIONAL CONDITIONS
Pursuant to section 34, section 35, and section 38 of the Act, the following additional conditions apply to the interim supervision order:
5.1[THE RESPONDENT] must reside each night at [supported accommodation] (Residence) or where otherwise directed by the Authority.
5.2[THE RESPONDENT] must be present at the Residence between 11.00 pm and 7.00 am unless otherwise directed by the Authority.
5.3[THE RESPONDENT] must not leave and/or be absent from the Residence except in the company of a person approved by the General Manager of the Community Correctional Services, unless otherwise directed by the Authority.
5.4[THE RESPONDENT] must not knowingly remain within 30 metres of a school, or children’s playground at any time, except if he is travelling on a mode of transport that passes by a school or children’s playground, unless he has the prior written consent of the Authority.
5.5[THE RESPONDENT] must not attend community events and activities where there is likely to be children and families in attendance (for example but not limited to: the Melbourne Show; Moomba; White Night; Melbourne Zoo; Collingwood Children’s Farm; the Aquarium; and fetes and fairs) except in accordance with the written directions of the Authority.
5.6[THE RESPONDENT] must:
5.6.1attend for assessment for treatment or rehabilitation programs or activities; and
5.6.2participate in such programs or activities
as instructed by a supervision officer.
5.7[THE RESPONDENT] must not knowingly have any contact with children under the age of 16 years, including:
5.7.1any form of physical contact;
5.7.2any form of oral communication (whether face to face, by telephone or by use of the internet); or
5.7.3any form of written communication (whether electronic or otherwise);
except for contact in accordance with the written directions of the Authority or which is unable to be avoided in the course of his lawful daily activities.
5.8[THE RESPONDENT] must not knowingly have any contact with:
5.8.1the victims of any sexual or violent offences committed by him; or
5.8.2the families of those victims;
including:
5.8.3any form of physical contact;
5.8.4any form of oral communication (whether face to face, by telephone or by use of the internet); or
5.8.5any form of written communication (whether electronic or otherwise),
except for contact in accordance with the written directions of the Authority.
5.9[THE RESPONDENT] must not knowingly have contact with any convicted sex offender, including:
5.9.1any form of physical contact;
5.9.2any form of oral communication (whether face to face, by telephone or by use of the internet); or
5.9.3any form of written communication (whether electronic or otherwise),
except for:
(i)the purposes of treatment and rehabilitation programs and activities;
(ii)contact with other residents of a residential facility or residential treatment facility within the meaning of the Act or at [supported accommodation], whilst he is residing at that location; or
(iii)whilst undertaking activities or work supervised by Australian Community Support Organisation (ACSO) workers; or
(iv)contact in accordance with the written directions of the Authority.
5.10[THE RESPONDENT] must comply with monitoring as to whereabouts (including electronic monitoring) unless otherwise directed by the Authority and, pursuant to section 35(2) of the Act, [THE RESPONDENT] must:
5.10.1comply with any direction given by the Authority relating to the electronic monitoring;
5.10.2for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to [THE RESPONDENT];
5.10.3ensure that the electronic monitoring device fitted to [THE RESPONDENT] remains operational (including being charged) at all times;
5.10.4not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring; and
5.10.5accept any visit by the Secretary to the place where [THE RESPONDENT] resides, at any reasonable time and for any purpose, including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring.
5.11[THE RESPONDENT] must ensure all internet capable devices that he possesses or accesses are disabled for internet access unless otherwise directed by the Authority.
5.12[THE RESPONDENT] must not use a computer or access the internet, directly or indirectly, except in accordance with the written directions of the Authority.
5.13[THE RESPONDENT] must not knowingly access or possess pornographic images or material except in accordance with the written directions of the Authority.
5.14[THE RESPONDENT] must not collect and retain in his possession images of children under the age of 16 years except in accordance with the written directions of the Authority.
5.15[THE RESPONDENT] must comply with the directions of the Authority:
5.15.1to produce any of the following things that are in his possession or to which he has access, to a supervision officer, a specified officer or a police officer for the purposes of auditing any image, program or other material stored in or accessible from the thing:
(A)computer (including game consoles);
(B)tablet;
(C)memory stick;
(D)external hard drive;
(E)mobile telephone;
(F)camera; or
(G)any other technological device capable of storing information, images, or data; and
5.15.2to provide the supervision officer, specified officer or police officer with any passwords, PINS or cables which are required to facilitate any audit.
OTHER ADDITIONAL CONDITIONS
Pursuant to section 36 of the Act, the following conditions apply to the interim supervision order:
6.1Pursuant to section 36(1) of the Act, the Authority is authorised to give directions to [THE RESPONDENT] in relation to the operation of any condition of this Interim Supervision Order.
6.2Pursuant to sections 36(1) and 36(2)(a) of the Act, the Authority is authorised to give a direction to [THE RESPONDENT] that he is to reside at a residential facility within the meaning of the Act.
6.3Pursuant to section 36(4) of the Act, the Authority is authorised to give [THE RESPONDENT] directions relating to any of the following:
6.3.1the times at which [THE RESPONDENT] must be at the residential facility;
6.3.2the circumstances under which [THE RESPONDENT] may leave the residential facility; and
6.3.3the monitoring (including electronic monitoring) of [THE RESPONDENT]'s compliance with a direction that he reside at the residential facility.
6.4Pursuant to section 36(7) of the Act, [THE RESPONDENT] must comply with any direction given under an authorisation referred to in section 36 of the Act.
OTHER ORDERS
Pursuant to section 279 of the Act, any information before the Court in this proceeding that might enable [THE RESPONDENT] or his location to be identified must not be published until the application for a renewed supervision order is heard and determined.
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