Sentencing Amendment (Community Correction Reform) Act 2011 (Vic)

Sentencing Amendment (Community Correction Reform) Act 2011

No. 65 of 2011

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of the Sentencing Act 1991

3Definitions

4Sentencing guidelines

5Sentences

6Conviction or non-conviction

7New Divisions inserted in Part 3

Division 1A—Pre-sentence reports

8ACourt may order pre-sentence report

8BContents of pre-sentence report

8CDistribution of pre-sentence report

8DDisputed pre-sentence report

Division 1B—Drug and alcohol reports

8EDrug and alcohol assessment report

8FDistribution of drug and alcohol assessment report

8GDisputed drug and alcohol assessment report

8HDrug and alcohol pre-release report

8IApproved drug and alcohol assessment agencies

Division 1C—Victim Impact Statements

8JDefinitions

8KVictim may make victim impact statement

8LContents of victim impact statement

8MMedical report

8NDistribution of written statement

8OExamination of victim

8PWitnesses

8QReading aloud of victim impact statement

8RAlternative arrangements for reading aloud of victim impact statement

8SAlternative arrangements for examination

8Fixing of non-parole period otherwise than by sentencing court

9Time held in custody before trial etc. to be deducted from sentence

10Sentencing hearing

11Court may order reports

12Subdivision (1B) of Division 2 of Part 3 repealed

13Repeal of references to certain orders

14Drug Court to hear and determine certain offences

15Subdivision (2) of Division 2 of Part 3 repealed

16Suspended sentence of imprisonment

17Effect of suspended sentence

18Consequential repeal of breach procedure for suspended sentences

19Time held in custody before trial etc. to be deducted from sentence

20Heading to Division 3 of Part 3 repealed

21Sections 36 to 48 substituted

Part 3A—Sentences—Community Correction Orders

Division 1—Preliminary

36Purpose of an order

Division 2—General

37Community correction order

38Period and commencement of a community correction order

39Intensive compliance period

40Community correction order may cover multiple offences

41Presumption of concurrency

42Unpaid community work where there are several
orders

43Fine and a community correction order

44Imprisonment and a community correction order

Division 3—Making a community correction order

45Terms of a community correction order

46Power of the Secretary to give written directions

47Court may attach conditions

48Residual condition

48AMatters to be considered when attaching conditions

Division 4—Conditions

48BDefinition

48CUnpaid community work condition

48DTreatment and rehabilitation condition

48ESupervision condition

48FNon-association condition

48GResidence restriction or exclusion condition

48HPlace or area exclusion condition

48ICurfew condition

48JAlcohol exclusion condition

48KJudicial monitoring condition

48LPower of court on review under a judicial monitoring condition

Division 5—Variation etc. of order

48MVariation etc. of community correction order

48NApplication for variation etc. of a community correction order

48OSuspension by Secretary

Division 6—Miscellaneous matters

48PSecretary may direct offender to report at another
place

48QOrder made by Court of Appeal

Part 3B—Sentences—Other Orders

22Heading to Division 4 of Part 3 substituted

23Application for fine conversion order

24Enforcement of fines against natural persons

25Insertion of new section 62A

62APower to make fine default unpaid community work order

26Hours of unpaid work

27Insertion of new section 63A

63AContravention of fine conversion order or fine default unpaid community work order

63BPart payment of fine to reduce unpaid community
work

28Heading to Division 5 of Part 3 substituted

Division 2—Dismissals, discharges and adjournments

29Release on adjournment following conviction

30Release on adjournment without conviction

31Heading to Subdivision (4) of Division 5 to Part 3

32Variation of order for release on adjournment

33Section 79 repealed

34Heading to Division 6 of Part 3 substituted

Division 3—Intellectually disabled offenders

35Section 80 substituted

80Justice plan condition

36Review of justice plan by Secretary

37Section 82 amended

Review of justice plan condition by sentencing court".

38Review of justice plan condition by sentencing court

39New section 82AA inserted

82AAResidential treatment order

40Review of residential treatment order by sentencing court

41Heading to Division 7 of Part 3 substituted

Division 4—Deferral of sentencing in the Magistrates' Court or County Court

42Deferral of sentencing

43New Part 3C inserted

Part 3C—Sentences—Contravention of Sentence

Division 1—Offences

83ABContravention of suspended sentence

83ACContravention of order for release on adjournment

83ADContravention of community correction order

83AEParticular contraventions of directions of Secretary

83AFOffence to fail to obey a written direction of Secretary

Division 2—Bringing a proceeding

83AGBringing of proceeding for offence

83AHTime for bringing proceeding

83AIProceeding where offender before a court

83AJProceeding where offender not before a court

83AKIssue of contravention summons or warrant to arrest

83ALPower to amend a contravention summons or warrant to arrest

83AMForm of contravention summons

83ANExtension of return date for summons

83AOService of contravention summons

83APIssue of warrant to arrest on failure to comply with bail or summons

83AQUnrepresented accused

83ARPowers of court on finding of guilt for contravention of order as to suspended sentence

83ASPowers of the court on finding of guilt for contravention of community correction order

83ATPowers of the court on finding of guilt for contravention of order for release on adjournment

44Heading amended

45Division 1A of Part 6 repealed

46Division 2 of Part 6 repealed

47Division 2A of Part 6 repealed

48Penalty scale

49New sections inserted

115AEffect where punishment suffered for indictable
offence

50Heading to Part 11 substituted

Part 11—Regulations and general matters

51Regulations

52New section 116A inserted

116ATransitional provisions

53Transitional provision—Sentencing Amendment Act 2010

54New Schedule 3 inserted

SCHEDULE 3—Transitional Provisions

Part 1—Definitions

1Definitions

Part 2—Sentencing Amendment (Community Correction Reform) Act 2011

2Combined custody and treatment orders

3Intensive correction orders

4Community-based orders

5Community correction orders

6Contravention—Suspended sentences

7Contravention—Old combined custody and treatment orders

8Contravention—pre-existing home detention orders

9Contravention—Old intensive correction orders

10Contravention—Old community-based orders

11Presumption of concurrency, old orders and community correction orders

12Offences occurring on more than one date

13Time for bringing proceeding

Part 3—Further Amendment of the Sentencing Act 1991

55Definitions

56Unpaid community work condition

57Curfew condition

58Bond condition

59Powers of the court on finding of guilt for contravention of community correction order

60New Division 3 of Part 3C inserted

Division 3—Direction of certain conditions on failure to comply

83AUDirection of unpaid community work condition on failure to comply

83AVDirection of curfew condition on failure to comply

83AWReasonable excuse for a failure to comply

83AXNotice of direction to be given in writing

83AYReview by the sentencing court

83AZPowers of a sentencing court on review

61Heading to Division 3 of Part 4 substituted

62Interpretation

63Section 88 substituted

88Application of Evidence Act 2008

64Driver licence or learner permit—suspension, cancellation, disqualification

65New sections inserted after section 89

89ABSuspension, cancellation or disqualification of driver licence or learner permit—any offence

89ACFinding on cancellation or disqualification of driver licence or learner permit

89ADPeriod of disqualification

89AEApplication for driver licence or learner permit after disqualification

89AFLicence restoration

89AGPresumption in favour of concurrency

89AHCancellation on disqualification

89AIRequirement to send particulars to Roads Corporation

66Amendment of section 89A

67Substitution of sections 89B to 89D

89BImposition of alcohol interlock condition, disqualification under section 89AB— any offence

89CSpecified period where alcohol interlock condition must not be removed

89DProcedure for removal of alcohol interlock condition

89DAAppeals against direction or period specified in
direction

89DBOffences and immobilisation orders

68New section inserted

115BDelegation

69New sections inserted after heading to Part 11

115CInfringement penalties

115DPower to serve an infringement notice

115EAppointment of authorised person

70New Part 3 to Schedule 3 inserted

Part 3—Sentencing Amendment (Community Correction Reform) Act 2011—Further Amendments

14Community correction orders—bond condition

15Direction of certain conditions on failure to comply with a community correction order

16Suspension, cancellation or disqualification of driver licence or learner permit—certain motor vehicle
offences

17Suspension, cancellation or disqualification of driver licence or learner permit—any offence

Part 4—Amendment of the Sentencing Amendment Act 2010

71Definitions

72Sentencing guidelines

73Sentences

74Repeal of reference to intensive correction order

75Repeal of Subdivision 1B of Division 2 of Part 3

76Repeal of references to certain orders

77Drug Court to hear and determine certain offences

78Repeal of Subdivision 2 of Division 2 of Part 3

79Time for bringing proceeding for contravention of home detention order

80Insertion of new Division 2A of Part 3

81Community-based order in addition to term of imprisonment

82Insertion of heading to section 39

83Unpaid community work condition

84Section 46 substituted

85Powers of court on determination of contravention proceeding

86Time for bringing proceeding for contravention of
community-based order

87New heading to section 48

88Pre-sentence reports

89Drug and alcohol reports

90Drug and alcohol pre-release reports

91Penalty scale

92Regulations

Part 5—Amendment of Other Acts

93Procedural requirements for apprehended etc. person—Family Violence Protection Act 2008

94Application for family violence safety notice

95New section inserted after section 175 in Family Violence Protection Act 2008

175ARelationship with certain orders under the Sentencing Act 1991

96Concurrency of periods of suspension—Infringements
Act 2006

97Cumulative periods of work—Infringements Act 2006

98Powers of the Court—Infringements Act 2006

99Repeal of unproclaimed amendments—Justice Legislation Amendment Act 2010

100New section inserted after section 130 of the Personal Safety Intervention Orders Act 2010

130ARelationship with certain orders under the Sentencing Act 1991

101Driver licences and learner permits—Road Safety Act 1986

102Disqualified person must not apply for licence or permit—Road Safety Act 1986

103Cancellation of approval of types of alcohol interlocks—Road Safety Act 1986

104Cancellation of approval of alcohol interlock supplier—Road Safety Act 1986

105Zero blood or breath alcohol—Road Safety Act 1986

106Duty to produce licence—Road Safety Act 1986

Part 6—Consequential and Other Amendments

107Consequential and other amendments

Part 7—Repeal of Amending Act

108Repeal of amending Act

__________________

SCHEDULE—Consequential and Other Amendments

1Conservation, Forests and Lands Act 1987

2Corrections Act 1986

3County Court Act 1958

4Criminal Procedure Act 2009

5Evidence (Miscellaneous Provisions) Act 1958

6Firearms Act 1996

7Juries Act 2000

8Magistrates' Court Act 1989

9Marine Act 1988

10Occupational Health and Safety Act 2004

11Serious Sex Offenders (Detention and Supervision)
Act 2009

12Sex Offenders Registration Act 2004

13Sheriff Act 2009

14Transport (Compliance and Miscellaneous) Act 1983

15Victims' Charter Act 2006

16Working with Children Act 2005

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EndnoteS

Sentencing Amendment (Community Correction Reform) Act 2011

No. 65 of 2011

[Assented to 22 November 2011]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Sentencing Act 1991, to repeal provisions as to combined custody and treatment orders, intensive correction orders and community-based orders; and

(b)to amend the Sentencing Act 1991 to provide for new community correction orders and to provide for other matters in that Act; and

(c)to amend the Sentencing Amendment Act 2010; and

(d)make minor and consequential amendments to other Acts.

2Commencement

(1)This Part, Part 4 and sections 3(13), 53 and 99 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Section 5(4) comes into operation on 1 January 2012.

(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If a provision referred to in subsection (3) does not come into operation before 30 June 2013, it comes into operation on that day.

__________________

Part 2—Amendment of the Sentencing Act 1991

3Definitions

(1)In section 3(1) of the Sentencing Act 1991 insert the following definitions—

"alcohol exclusion condition means a condition that may be attached to a community correction order under section 48J(1);

curfew condition means a condition that may be attached to a community correction order under section 48I(1);

fine conversion order means an order made under section 55(1)(d);

fine default unpaid community work order means an order made under section 62(10)(a) or section 62A;

judicial monitoring condition means a condition that may be attached to a community correction order under section 48K(1);

justice plan condition means a condition that may be attached to—

(a)a community correction order; or

(b)an order releasing an offender on adjournment with or without recording a conviction—

under section 80(1);

learner permit has the same meaning as in the Road Safety Act 1986;

non-association condition means a condition that may be attached to a community correction order under section 48F(1);

place or area exclusion condition means a condition that may be attached to a community correction order under section 48H(1);

residence restriction or exclusion condition means a condition that may be attached to a community correction order under section 48G(1);

sentencing court, in relation to an order made under this Act, means the court that made the order;

treatment and rehabilitation condition means a condition that may be attached to a community correction order under section 48D(1);".

(2)In section 3(1) of the Sentencing Act 1991, in the definition of approved drug and alcohol assessment agency for "section 99E by the Secretary within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008 for the purposes of Division 2A of Part 6" substitute "section 8I by the Secretary to the Department of Health for the purposes of Division 1B of Part 3".

(3)In section 3(1) of the Sentencing Act 1991, for the definition of authorised person substitute—

"authorised person means a person appointed by the Secretary under section 115E;".

(4)In section 3(1) of the Sentencing Act 1991, for the definition of contravention summons substitute—

"contravention summons means a summons issued under section 83AK(1)(a);".

(5)In section 3(1) of the Sentencing Act 1991, in the definition of instalment order for "Division 4 of Part 3" substitute "Division 1 of Part 3B".

(6)In section 3(1) of the Sentencing Act 1991, for the definition of justice plan substitute—

"justice plan means a plan requested under section 80(3)(c);".

(7)In section 3(1) of the Sentencing Act 1991, in the definition of licence restoration report after "section 89(2)" insert "or section 89AE(1)".

(8)In section 3(1) of the Sentencing Act 1991, for the definition of Regional Manager substitute—

"Regional Manager, in relation to—

(a)a drug treatment order; or

(b)a community correction order; or

(c)a fine default unpaid community work order—

means the person appointed under Part 4 of the Corrections Act 1986 to be the Regional Manager of the region in which the community corrections centre specified in the order is located;".

(9)In section 3(1) of the Sentencing Act 1991, in the definition of residential treatment order for "80(2)(b)" substitute "82AA(1)".

(10)In section 3(1) of the Sentencing Act 1991, for the definition of Secretary substitute—

"Secretary means the Secretary to the Department of Justice;".

(11)In section 3(1) of the Sentencing Act 1991, for the definition of supervision condition substitute—

"supervision condition means a condition that may be attached to a community correction order under section 48E(1);".

(12)In section 3(1) of the Sentencing Act 1991, for the definition of unpaid community work condition substitute—

"unpaid community work condition means a condition that may be attached to a community correction order under section 48C(1);".

(13)In section 3(1) of the Sentencing Act 1991—

(a)the definition of intensive correction management order is repealed;

(b)the definition of intensive correction management order (drug and alcohol) is repealed;

(c)the definition of intensive correction management order (general) is repealed.

(14)In section 3(1) of the Sentencing Act 1991—

(a)the definition of combined custody and treatment order is repealed;

(b)the definition of community-based order is repealed;

(c)the definition of community service condition is repealed;

(d)the definition of intensive correction order is repealed;

(e)the definition of personal development condition is repealed.

4Sentencing guidelines

(1)In section 5(2BE) of the Sentencing Act 1991 for "Secretary to the Department of Justice" substitute "Secretary".

(2)Section 5(4A) of the Sentencing Act 1991 is repealed.

(3)In section 5(4B) of the Sentencing Act 1991—

(a)for "drug treatment order" substitute "sentence that involves the confinement of the offender";

(b)for "an intensive correction order" substitute "a drug treatment order".

(4)In section 5(5) of the Sentencing Act 1991—

(a)for "an intensive correction order" substitute "a drug treatment order";

(b)for "community-based order" substitute "community correction order".

(5)In section 5(6) of the Sentencing Act 1991, for "community-based order" substitute "community correction order".

5Sentences

(1)Section 7(1)(ab) of the Sentencing Act 1991 is repealed.

(2)Section 7(1)(b) of the Sentencing Act 1991 is repealed.

(3)In section 7(1)(e) of the Sentencing Act 1991, for "community-based" substitute "community correction".

(4)For section 7(2) of the Sentencing Act 1991 substitute—

"(2)If the Magistrates' Court or County Court finds a person guilty of an offence, it may defer sentencing the person in accordance with section 83A.".

6Conviction or non-conviction

In section 8(3)(b)(ii) of the Sentencing Act 1991 for "breach" substitute "contravention".

7New Divisions inserted in Part 3

After section 8 of the Sentencing Act 1991 insert—

"Division 1A—Pre-sentence reports

8ACourt may order pre-sentence report

(1)If a court finds a person guilty of an offence, before passing sentence the court may order a pre‑sentence report in respect of the offender and adjourn the proceeding to enable the report to be prepared.

(2)A court must order a pre-sentence report if it is considering making a community correction order, a youth justice centre order or a youth residential centre order so that it may—

(a)establish the person's suitability for the order being considered; and

(b)establish that any necessary facilities exist; and

(c)if the order being considered is a community correction order, gain advice concerning the most appropriate condition or conditions to be attached to the order.

(3)A court is not required to order a pre-sentence report under subsection (2) if it is considering making a community correction order with an unpaid community work condition of up to a maximum of 300 hours as the sole condition attached to the order.

(4)If a court orders a pre-sentence report, it must be prepared by—

(a)the Secretary to the Department of Human Services if the court is considering making a youth justice centre order or a youth residential centre order; or

(b)the Secretary in any other case.

(5)The author of a pre-sentence report must conduct any investigation that he or she thinks appropriate or that is directed by the court.

8BContents of pre-sentence report

(1)A pre-sentence report may set out all or any of the following matters which, on investigation, appear to the author of the report to be relevant to the sentencing of the offender and are readily ascertainable by him or her—

(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)any alcohol, drug and any other substance history disclosed by the offender;

(e)the educational background of the offender;

(f)the employment history of the offender;

(g)the circumstances of any other offences of which the offender has been found guilty and which are known to the court;

(h)the extent to which the offender is complying with any sentence currently in force in respect of him or her;

(i)the financial circumstances of the offender;

(j)the ability of the offender to pay a bond;

(k)any special needs of the offender;

(l)any other services that address the risk of recidivism from which the offender may benefit;

(m)any courses, programs, treatment, therapy or other assistance that could be available to the offender and from which he or she may benefit;

(n)the relevance and appropriateness of any proposed condition;

(o)the capacity of the offender to perform unpaid community work for any proposed unpaid community work condition;

(p)the recommended duration of any intensive compliance period fixed under a community correction order;

(q)the appropriateness of confirming an existing order that applies to the offender;

(r)any other information that the author believes is relevant and appropriate.

(2)The author of a pre-sentence report must include in the report any other matter relevant to the sentencing of the offender which the court has directed to be set out in the report.

8CDistribution of pre-sentence report

(1)A pre-sentence report must be filed with the court no later than the time directed by the court.

(2)The author of a pre-sentence report must, a reasonable time before sentencing is to take place, provide a copy of the report to—

(a)the prosecutor; and

(b)any legal practitioner representing the offender; and

(c)if the court has so directed, the offender; and

(d)any other person that the court considers appropriate.

8DDisputed pre-sentence 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 pre-sentence report.

(2)If a notice is filed under subsection (1) before sentencing is to take place, the court must not take the report or the part in dispute (as the case requires) into consideration when determining sentence unless the party that filed the notice has been given the opportunity—

(a)to lead evidence on the disputed matters; and

(b)to cross-examine the author of the report on its contents.

Division 1B—Drug and alcohol reports

8EDrug and alcohol assessment report

(1)If a court is considering making a community correction order the court may order a drug and alcohol assessment report if the court is satisfied that the offender had a drug or alcohol dependency that contributed to the offender's criminal behaviour.

(2)If a court orders a drug and alcohol assessment report under subsection (1), it must be prepared by an approved drug and alcohol assessment agency.

(3)The purpose of a drug and alcohol assessment report is—

(a)to assess whether the offender has a drug or alcohol dependency; and

(b)to make recommendations as to his or her suitability to undergo treatment and rehabilitation under a community correction order.

(4)A drug and alcohol assessment report may set out any matters which, on investigation, appear to the author of the report to be relevant to the assessment of the offender and are readily ascertainable by him or her.

(5)The author of a drug and alcohol assessment report must conduct any investigation that he or she thinks appropriate or that is directed by the court.

8FDistribution of drug and alcohol assessment report

(1)A drug and alcohol assessment report must be filed with the court no later than the time directed by the court.

(2)The author of a drug and alcohol assessment report must, a reasonable time before sentencing is to take place, provide a copy of the report to—

(a)the prosecutor; and

(b)any legal practitioner representing the offender; and

(c)if the court has so directed, the offender; and

(d)any other person that the court considers appropriate.

8GDisputed drug and alcohol 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 drug and alcohol assessment report.

(2)If a notice is filed under subsection (1) before sentencing is to take place, the court must not take the report or the part in dispute (as the case requires) into consideration when determining sentence unless the party that filed the notice has been given the opportunity—

(a)to lead evidence on the disputed matters; and

(b)to cross-examine the author of the report on its contents.

8HDrug and alcohol pre-release report

(1)A court must order a drug and alcohol pre-release report if—

(a)the sentencing court received a drug and alcohol assessment report under section 8E; and

(b)the court is satisfied that the offender has a drug or alcohol dependency; and

(c)the offender was sentenced to a term of imprisonment of not more than 3 months in addition to a community correction order to commence on the release of the offender from imprisonment.

(2)A drug and alcohol pre-release report in respect of an offender must be prepared by an approved drug and alcohol assessment agency.

(3)A drug and alcohol pre-release report must specify any treatment for drug or alcohol dependency that the offender is to undergo during the period of the community correction order on release from custody.

(4)The author of a drug and alcohol pre-release report must conduct any investigation that he or she thinks appropriate or that is directed by the court.

(5)The author of a drug and alcohol pre-release report must, a reasonable time before the offender's release from custody is to take place, provide a copy of the report to—

(a)the Secretary; and

(b)the offender; and

(c)any other person that the court considers appropriate.

8IApproved drug and alcohol assessment agencies

(1)A person or body may apply to the Secretary to the Department of Health for approval as a drug and alcohol assessment agency for the purposes of this Division.

(2)The Secretary to the Department of Health may approve an applicant under subsection (1) as a drug and alcohol assessment agency subject to any conditions, limitations or restrictions specified in the approval.

(3)The Secretary to the Department of Health must specify the period during which an approval under subsection (2) continues in force.

Division 1C—Victim Impact Statements

8JDefinitions

In this Division—

dentist means—

(a)a person registered or qualified to be registered under the Health Practitioner Regulation National Law—

(i)to practise in the dentistry profession (other than as a student) and;

(ii)in the dentists division of that profession; or

(b)a person entitled to practise dentistry in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;

medical expert means medical practitioner, dentist or psychologist;

medical matters includes dental matters and psychological matters;

medical practitioner means—

(a)a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or

(b)a person entitled to practise medicine in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;

medical report means a written statement made under section 8M(1);

psychologist means—

(a)a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or

(b)a person who is qualified or registered to practise psychology in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise.

victim impact statement means a statement made by a victim under section 8K(1);

8KVictim may make victim impact statement

(1)If a court finds a person guilty of an offence, a victim of the offence may make a statement to the court for the purpose of assisting the court in determining sentence.

(2)A victim impact statement may be made—

(a)in writing by statutory declaration; or

(b)in writing by statutory declaration and orally by sworn evidence.

(3)A victim impact statement may be made by another person on behalf of a victim—

(a)who is under the age of 18 years; or

(b)who the court is satisfied is incapable of making the statement because of mental illness or for any other reason; or

(c)that is not an individual.

8LContents of victim impact statement

(1)A victim impact statement contains particulars of the impact of the offence on the victim and of any injury, loss or damage suffered by the victim as a direct result of the offence.

(2)A victim impact statement may include photographs, drawings or poems and other material that relates to the impact of the offence on the victim or to any injury, loss or damage suffered by the victim as a direct result of the offence.

(3)The court may rule as inadmissible the whole or any part of a victim impact statement, including the whole or any part of a medical report attached to it.

8MMedical report

(1)A written statement on medical matters concerning the victim may be attached to the victim impact statement.

(2)The written statement under subsection (1)—

(a)must be made and signed by a medical expert; and

(b)may include any document which the medical expert intends should be read with the statement whether the document was in existence at the time the statement was made or was a document which the medical expert obtained or caused to be brought into existence subsequently.

8NDistribution of written statement

If the victim prepares a victim impact statement, the victim must, a reasonable time before sentencing is to take place—

(a)file a copy with the court; and

(b)provide a copy to—

(i)the offender or the legal practitioner representing the offender; and

(ii)the prosecutor—

and the copy must include a copy of any medical report attached to the victim impact statement.

8OExamination of victim

(1)The court may, at the request of the offender or the prosecutor, call a victim who has made a victim impact statement, or a person who has made a victim impact statement on behalf of a victim, or a medical expert who made a medical report attached to a victim impact statement, to give evidence.

(2)A victim or other person who gives evidence under subsection (1) may be cross-examined and re‑examined.

8PWitnesses

(1)A victim, or a person who has made a victim impact statement on behalf of a victim, may call a witness to give evidence in support of any matter contained in the victim impact statement or in a medical report attached to it.

(2)A witness who gives evidence under subsection (1) may be cross-examined and re-examined.

(3)Any party to the proceeding may lead evidence on any matter contained in a victim impact statement or in a medical report attached to it.

8QReading aloud of victim impact statement

(1)A person who has made a victim impact statement may request that any part of that victim impact statement—

(a)is read aloud or displayed in the course of the sentencing hearing by—

(i)the person making the request; or

(ii)a person chosen by the person making the request who consents and who is approved by the court for that purpose; or

(b)is read aloud in the course of the sentencing hearing by the prosecutor.

(2)If a request is made under subsection (1) and the person specified in the request is available to do so during the course of the sentencing hearing, the court must ensure that any admissible parts of the victim impact statement that are—

(a)identified in the request; and

(b)appropriate and relevant to sentencing—

are read aloud or displayed by the person or persons specified in the request in open court in the course of the sentencing hearing.

(3)For the purposes of subsection (2), the court may direct the person who made the request or the person chosen by that person as to which admissible parts of the victim impact statement are appropriate and relevant to sentencing.

(4)Nothing in this section prevents the presiding judge or magistrate from reading aloud any admissible part of a victim impact statement in the course of sentencing the offender or at any other time in the course of the sentencing hearing.

8RAlternative arrangements for reading aloud of victim impact statement

(1)On the application of the person who is to read aloud the victim impact statement at a sentencing hearing, on the application of the prosecutor or on its own motion, the court may direct that alternative arrangements be made for the reading aloud of a victim impact statement under section 8Q, including arrangements—

(a)permitting the victim impact statement to be read aloud from a place other than the court room by means of a closed-circuit television or other facilities that enable communication between that place and the court room;

(b)using screens to remove the person reading the victim impact statement from the direct line of vision of the offender;

(c)permitting a person, chosen by the person reading the victim impact statement and approved by the court for this purpose, to be beside the person reading the victim impact statement while it is read aloud, for the purpose of providing emotional support to the person reading the victim impact statement;

(d)permitting only persons specified by the court to be present while the victim impact statement is read aloud;

(e)requiring legal practitioners not to robe.

(2)The court may, on the application of the person who is to read aloud the victim impact statement, on the application of the prosecutor or on its own motion, revoke or vary a direction made under subsection (1).

(3)For the purposes of this section, the reading aloud of a victim impact statement includes the display of material included in the victim impact statement.

8SAlternative arrangements for examination

(1)On the application of a victim or other person who gives evidence under section 8O or 8P, on the application of the prosecutor or on its own motion, the court may direct that alternative arrangements be made for the examination and cross-examination of that person.

(2)A direction made under subsection (1) may include—

(a)permitting the person to be examined and cross-examined from a place other than the court room by means of a closed-circuit television or other facilities that enable communication between that place and the court room;

(b)using screens to remove the person from the direct line of vision of the offender;

(c)permitting a person, chosen by the person being examined and cross-examined and approved by the court for this purpose, to be beside the person being examined and cross-examined during the examination and cross-examination, for the purpose of providing emotional support for the person being examined and cross-examined;

(d)permitting only persons specified by the court to be present while the person is being examined and cross-examined;

(e)requiring legal practitioners not to robe;

(f)requiring legal practitioners to be seated while examining or cross-examining the person.

(3)The court may, on the application of a person who gives evidence under section 8O or 8P, on the application of the prosecutor or on its own motion, revoke or vary a direction made under subsection (1).".

8Fixing of non-parole period otherwise than by sentencing court

(1)In section 13(1) of the Sentencing Act 1991, for "Secretary to the Department of Justice" substitute "Secretary".

(2)In section 13(3) of the Sentencing Act 1991, for "Secretary to the Department of Justice" substitute "Secretary".

9Time held in custody before trial etc. to be deducted from sentence

Section 18(2)(ba) of the Sentencing Act 1991 is repealed.

10Sentencing hearing

(1)In section 18F(ab) of the Sentencing Act 1991 for "Division 1A of Part 6" substitute "Division 1C of Part 3".

(2)In section 18F(b) of the Sentencing Act 1991 for "Division 2 of Part 6" substitute "Division 1A of Part 3".

11Court may order reports

In section 18I(1) of the Sentencing Act 1991 for "Secretary to the Department of Justice" substitute "Secretary".

12Subdivision (1B) of Division 2 of Part 3 repealed

Subdivision (1B) of Division 2 of Part 3 of the Sentencing Act 1991 is repealed.

13Repeal of references to certain orders

(1)For section 18Z(1)(d)(ii) of the Sentencing Act 1991 substitute—

"(ii)it would not have suspended the sentence in whole or in part; and".

(2)Section 18Z(2)(b) of the Sentencing Act 1991 is repealed.

14Drug Court to hear and determine certain offences

(1)For section 18ZO(2)(b) of the Sentencing Act 1991 substitute—

"(b)the Drug Court does not suspend the sentence in whole or in part; and".

(2)For section 18ZO(3)(b) of the Sentencing Act 1991 substitute—

"(b)the Drug Court does not suspend the sentence in whole or in part; and".

15Subdivision (2) of Division 2 of Part 3 repealed

Subdivision (2) of Division 2 of Part 3 of the Sentencing Act 1991 is repealed.

16Suspended sentence of imprisonment

(1)In section 27(7) of the Sentencing Act 1991, for "section 31" substitute "section 83AR".

(2)In section 27(9) of the Sentencing Act 1991, for "section 31" substitute "section 83AR".

17Effect of suspended sentence

In section 29 of the Sentencing Act 1991, for "section 31" substitute "section 83AR".

18Consequential repeal of breach procedure for suspended sentences

Section 31 of the Sentencing Act 1991 is repealed.

19Time held in custody before trial etc. to be deducted from sentence

In section 35 of the Sentencing Act 1991, for "section 31" (wherever occurring) substitute "section 83AR".

20Heading to Division 3 of Part 3 repealed

The heading to Division 3 of Part 3 of the Sentencing Act 1991 is repealed.

21Sections 36 to 48 substituted

For sections 36 to 48 of the Sentencing Act 1991 substitute—

"__________________

Part 3A—Sentences—Community Correction Orders

Division 1—Preliminary

36Purpose of an order

The purpose of a community correction order is to provide a community based sentence that may be used for a wide range of offending behaviours while having regard to and addressing the circumstances of the offender.

Division 2—General

37Community correction order

A court may make a community correction order in respect of an offender if—

(a)the offender has been convicted or found guilty of an offence punishable by more than 5 penalty units; and

(b)the court has received a pre-sentence report (if required) and has had regard to any recommendations, information or matters identified in the report; and

(c)the offender consents to the order.

38Period and commencement of a community correction order

(1)The period of a community correction order is the period determined by the court which must not exceed—

(a)in the case of an order made by the Magistrates' Court, 2 years; or

(b)in the case of an order made by the County Court or the Supreme Court whichever is greater of—

(i)the maximum term of imprisonment for the offence; or

(ii)2 years.

(2)The court must—

(a)fix the date on which a community correction order commences, which must not be more than 3 months after the order is made; or

(b)direct that the community correction order commences on the date that the offender is released from imprisonment in accordance with section 44.

39Intensive compliance period

(1)If the court is making a community correction order for a period of 6 months or longer, the court may fix a period (being part of the period for which the order is in force) as the intensive compliance period.

Example

Where a court is making a community correction order that has a period of, for example, 2 years, the intensive compliance period fixed by the court may be for a lesser period of, for example, 8 months.

(2)A court that fixes an intensive compliance period under subsection (1) must determine that one or more conditions attached to a community correction order are to be completed within the intensive compliance period.

(3)If—

(a)a court is sentencing an offender in respect of two or more offences in the same proceeding; and

(b)the court makes separate community correction orders in respect of any two or more of the offences, the periods of which are cumulative; and

(c)the court fixes intensive compliance periods for the orders that are cumulative—

the intensive compliance periods are to run cumulatively from the commencement of the first order and then the balance of the periods of the orders are to run cumulatively.

40Community correction order may cover multiple offences

(1)If an offender is convicted or found guilty by a court of two or more offences, which are founded on the same facts or form or are part of a series of offences of the same or a similar character, the court may make one community correction order in respect of those offences in place of separate orders in respect of all or any two or more of them.

(2)A community correction order that is being made in respect of more than one offence must not exceed the maximum period for which a community correction order may be made under section 38.

41Presumption of concurrency

(1)If a court makes separate community correction orders in respect of two or more offences committed by an offender, the conditions of those orders are concurrent unless the court otherwise directs.

(2)The conditions of a community correction order made in respect of an offender are, unless the court otherwise directs, concurrent with those of any other community correction order in force in respect of that offender.

42Unpaid community work where there are several orders

(1)The number of hours of unpaid community work required to be performed under a relevant order must, unless otherwise directed by the court, be performed—

(a)cumulatively on those required to be performed under another relevant order that is in force in respect of the offender; and

(b)concurrently with any hours required to be performed under any other community correction order that is in force in respect of the offender—

whether that other order was made before or at the same time as the first-mentioned order.

(2)In this section, relevant order means a fine conversion order or fine default unpaid community work order.

43Fine and a community correction order

A court may impose on an offender a fine authorised by law in addition to making a community correction order.

44Imprisonment and a community correction order

(1)Subject to subsection (2), a court may make a community correction order in respect of the offender in addition to sentencing the offender to a term of imprisonment of not more than 3 months, if the sentence of imprisonment is not suspended in whole or in part.

(2)If a court is sentencing an offender for two or more offences in the same proceeding to two or more sentences of imprisonment, the court may not make any community correction order in respect of the offender if the aggregate of those terms of imprisonment is more than 3 months, whether or not the terms of imprisonment are to be served (in whole or in part) concurrently or cumulatively.

(3)If a court makes a community correction order in respect of an offender in addition to a term of imprisonment, the community correction order commences on the release of the offender from imprisonment.

Division 3—Making a community correction order

45Terms of a community correction order

(1)The following terms are attached to each community correction order—

(a)the offender must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;

(b)the offender must report to, and receive visits from the Secretary during the period of the order;

(c)the offender must report to the community corrections centre specified in the order within 2 clear working days after the order coming into force;

(d)the offender must notify the Secretary of any change of address or employment within 2 clear working days after the change;

(e)the offender must not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary;

(f)the offender must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that the offender complies with the order.

(2)A direction may be given by the Secretary under subsection (1)(f) either orally or in writing.

46Power of the Secretary to give written directions

There is attached to each community correction order the term that the offender must comply with any written direction given by the Secretary for or with respect to the following—

(a)reporting to the Secretary; or

(b)receiving visits from the Secretary; or

(c)notifying the Secretary in writing of any change of address or employment; or

(d)obtaining permission from the Secretary before leaving Victoria; or

(e)if the order is subject to an unpaid community work condition, performing unpaid community work, including any written direction as to the place, date or time at which the work is to be performed; or

(f)if the order is subject to a treatment and rehabilitation condition, participating in a treatment or rehabilitation program, including any written direction as to the place, date or time of the participation; or

(g)if the order is subject to a treatment and rehabilitation condition, undergoing any drug or alcohol assessment or treatment, including any written direction as to—

(i)undergoing residential treatment or assessment; or

(ii)the place, date or time that the assessment or treatment must be undergone; or

(h)if the order is subject to a treatment and rehabilitation condition, undergo any drug or alcohol testing, including any written direction as to the place, date or time that the test must be undergone; or

(i)if the order is subject to a treatment and rehabilitation condition, undergoing any medical assessment or mental health assessment, including any written direction as to the place, date or time that the test must be undergone.

Note

It is an offence under section 83AF for an offender to contravene a written direction given by the Secretary.

47Court may attach conditions

(1)A court that is making a community correction order must attach at least one condition in accordance with subsection (2).

(2)A court that is making a community correction order may—

(a)attach one or more conditions under Division 4; or

(b)attach a condition under Division 3 of Part 3B.

48Residual condition

(1)A court that is making a community correction order may attach in addition to a condition attached in accordance with section 47 any other condition to the order that the court thinks fit, other than a condition about making restitution or the payment of compensation, costs or damages.

(2)A condition attached under subsection (1) to a community correction order must not be about the subject matter of a condition under Division 4 or Division 3 of Part 3B.

48AMatters to be considered when attaching conditions

The court must attach conditions to a community correction order in accordance with—

(a)the principle of proportionality; and

(b)the purposes for which a sentence may be imposed as set out in section 5; and

(c)the purpose of a community correction order set out in section 36.

Division 4—Conditions

48BDefinition

In this Division—

family violence has the same meaning as in the Family Violence Protection Act 2008;

safety means safety from family violence, physical or mental harm.

48CUnpaid community work condition

(1)A court which is making a community correction order may attach a condition requiring an offender to perform unpaid community work.

(2)The purpose for attaching an unpaid community work condition is to adequately punish the offender in the community.

(3)The offender must perform the number of hours of unpaid community work specified by the court under an unpaid community work condition.

(4)The total number of hours for which an offender may be required to perform unpaid community work under an unpaid community work condition must be determined by the court and must not exceed 600 hours.

(5)The total number of hours of unpaid community work that the offender must perform in any 7 day period must not exceed 20.

(6)An offender may perform an activity for up to 40 hours in a period of 7 days if he or she requests to do so and signs a written consent to performing the extra number of hours.

(7)If a court attaches an unpaid community work condition as the sole condition under this Division of a community correction order for up to a maximum of 300 hours, the order expires on the satisfactory completion of those hours of work.

(8)If an offender is or will be subject to more than one community correction order the court must not make a direction under this Act that causes the time limits that apply under all unpaid community work conditions under the orders to exceed the maximum time limits for the orders under section 38.

(9)When attaching an unpaid community work condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order.

48DTreatment and rehabilitation condition

(1)A court which is making a community correction order may attach a condition to the order that requires the offender to undergo treatment and rehabilitation specified by the court and directed by the Secretary unless otherwise directed by the court.

(2)When attaching a treatment and rehabilitation condition the court must—

(a)have regard to the need to address the underlying causes of the offending;

(b)have regard to the recommendations, information and matters identified in the pre-sentence report in relation to the treatment and rehabilitation of the offender.

(3)The treatment and rehabilitation that must be specified by the court in a treatment and rehabilitation condition must be any one or more of the following—

(a)any assessment and treatment (including testing) for drug abuse or dependency;

(b)any assessment and treatment (including testing) for alcohol abuse or dependency;

(c)any assessment and treatment (including testing) at a residential facility for—

(i)withdrawal from or rehabilitation for alcohol abuse or dependency; or

(ii)withdrawal from or rehabilitation for drug abuse or dependency;

(d)any medical assessment and treatment that may include general or specialist medical treatment or treatment in a hospital or residential facility;

(e)any mental health assessment and treatment that may include psychological, neuropsychological, psychiatric or treatment in a hospital or residential facility;

(f)any program that addresses factors related to his or her offending behaviour;

(g)any other treatment and rehabilitation that the court considers necessary and that is specified in the order that may include employment, educational, cultural and personal development programs that are consistent with the purpose of the treatment and rehabilitation condition.

(4)For the purposes of subsection (1) the Secretary may give a direction to the offender—

(a)to undergo the treatment and rehabilitation or kind of treatment and rehabilitation specified by the Secretary in the direction; and

(b)in relation to any aspect of the treatment and rehabilitation that the Secretary has specified, a direction—

(i)requiring the attendance of the offender at a specified location; and

(ii)requiring the participation of the offender in particular kinds of treatment or rehabilitation.

48ESupervision condition

(1)A court which is making a community correction order may attach a condition to the order that the offender be supervised, monitored and managed as directed by the Secretary.

(2)The court may attach a supervision condition for the purpose of addressing the need to ensure the compliance of the offender with the order.

(3)When attaching a supervision condition the court must have regard to the information, matters and recommendations made in the pre-sentence report.

(4)When attaching a supervision condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order.

48FNon-association condition

(1)A court which is making a community correction order may attach a condition to the order directing that—

(a)the offender must not contact or associate with a person specified in the order; or

Example

An example of a direction that may be made under a condition attached under paragraph (a) is that the offender must not contact or associate with a co-offender or co-offenders.

(b)the offender must not contact or associate with a class of person specified in the order.

Example

An example of a direction that may be made under a condition attached under paragraph (b) is that the offender must not contact or associate with a member of a specified club or association.

(2)When attaching a non-association condition the court may have regard to any effect the attaching of the condition may have on any employment of the offender.

(3)When attaching a non-association condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order.

48GResidence restriction or exclusion condition

(1)A court which is making a community correction order may attach a condition to the order, directing that the offender must—

(a)reside at a place specified in the order; or

Example

An example of a direction that may be made under a condition attached under paragraph (a) is that the offender must reside at his or her current residential address.

(b)not reside at a place specified in the order.

Example

An example of a direction that may be made under a condition attached under paragraph (b) is that the offender must not reside at the residence of a co-offender.

(2)When attaching a residence restriction or exclusion condition the court may—

(a)have regard to the risk the condition poses to the safety of any person who is likely to reside with the offender under the order; and

(b)have regard to any effect the attaching of the condition may have on any employment of the offender.

(3)When attaching a residence restriction or exclusion condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order.

(4)An offender to whom a residence restriction or exclusion condition applies must not change his or her place of residence unless the community correction order to which the condition is attached has been varied under section 48M(2)(d) to specify the new place at which the offender must or must not reside.

(5)The court must not attach a residence restriction or exclusion condition that is inconsistent with a family violence intervention order or a personal safety intervention order.

48HPlace or area exclusion condition

(1)A court which is making a community correction order may attach a condition to the order, directing that the offender must not enter or remain in a specified place or area.

Example

The following are examples of directions that may be made under a condition attached under subsection (1)—

(a)    that the offender must not enter or remain in a specified sporting venue in Victoria;

(b)    that the offender must not enter or remain in the central business district of Melbourne.

Note

Exclusion from a place or area that is a licensed premises may be a condition of an order under section 48J, alcohol exclusion condition.

(2)When attaching a place or area exclusion condition the court may have regard to any effect the attaching of the condition may have on any employment of the offender.

(3)When attaching a place or area exclusion condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order.

(4)The court must not attach a place or area exclusion condition that is inconsistent with a family violence intervention order or a personal safety intervention order.

48ICurfew condition

(1)A court which is making a community correction order may attach a condition to the order, directing that the offender must remain at the place specified in the order between specified hours of each day for the period specified in the order.

Example

An example of a direction that may be made under a condition attached under subsection (1) is a direction that the offender must remain at home between 9pm and 6am each day.

(2)When attaching a curfew condition the court may—

(a)have regard to the risk the condition poses to the safety of any person who is likely to reside with the offender under the order;

(b)have regard to any effect the attaching of the condition may have on any employment of the offender.

(3)The offender must remain at a place specified by the court under a curfew condition for—

(a)not less than 2 hours of each day; and

(b)not more than 12 hours of each day—

for the period specified in the order which must not be more than 6 months.

(4)The court must not attach a curfew condition that is inconsistent with a family violence intervention order or a personal safety intervention order.

48JAlcohol exclusion condition

(1)A court which is making a community correction order may attach a condition directing that the offender comply with the restrictions in subsection (2).

(2)For the purpose of subsection (1) and subject to subsection (3) the restrictions are as follows—

(a)the offender must not enter or remain in any licensed premises characterised as a nightclub, bar, restaurant, cafe, reception centre or function centre; and

(b)the offender must not enter or remain in the location of any major event; and

(c)the offender must not enter or remain in a bar area of any licensed premises to which paragraph (a) or (b) does not apply; and

(d)the offender must not consume liquor in any licensed premises to which paragraph (a) or (b) does not apply.

(3)When attaching an alcohol exclusion condition a court may specify a licensed premises to which the restrictions under subsection (2)(a), (b) or (c) do not apply.

(4)The court may attach an alcohol exclusion condition to address the role of alcohol in the offending behaviour.

(5)When attaching an alcohol exclusion condition the court may have regard to any effect the attaching of the condition may have on any employment of the offender.

(6)When attaching an alcohol exclusion condition the court may specify whether the condition applies to the offender for a period of hours of each day or at all times.

(7)When attaching an alcohol exclusion condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order.

(8)In this section—

bar area means an area within a licensed premises that is set aside for the service of liquor for consumption on that premises;

licensed premises has the same meaning as in the Liquor Control Reform Act 1998;

liquor has the same meaning as in the Liquor Control Reform Act 1998;

major event has the same meaning as in the Liquor Control Reform Act 1998.

48KJudicial monitoring condition

(1)A court which is making a community correction order may attach a condition to the order directing that the offender be monitored by the court, if the court is satisfied that it is necessary for the court to review (during the course of the order) the compliance of the offender with the order.

(2)The court may make a direction for the following matters in a judicial monitoring condition—

(a)a time or times at which the offender must re-appear before the court for a review under section 48L of the compliance of the offender with the order; and

(b)any information, report or test that must or may be provided in the course of a review under section 48L.

(3)A direction in a judicial monitoring condition made by the court under subsection (2)(a) or (b) is not to be taken to empower the medical testing of the offender or the making of a medical report as to the offender without the consent of the offender.

(4)A judicial monitoring condition attached to an order remains in force for the period specified by the court in the order, or, if no period is specified in the order, for the period of the order.

(5)Any proceeding where an offender re-appears before the court for review in accordance with a judicial monitoring condition may be conducted by the court constituted by the judicial officer who made the order or by the court constituted by another judicial officer.

48LPower of court on review under a judicial monitoring condition

(1)In any proceeding where an offender re-appears before a court for review of the offender's compliance with the order under a judicial monitoring condition—

(a)the court may require the offender, or may invite the offender to answer questions or produce information (including reports or the results of medical examinations or medical tests);

(b)the court may invite the offender's medical practitioner or any medical practitioner who has examined the offender to produce any medical report about the offender or the results of any medical test about the offender to the court;

(c)the court may require or invite any of the following persons to provide information to the court either verbally or in any written form—

(i)the Secretary;

(ii)the person or body who prosecuted the offender for the offence;

(iii)any other person the court considers appropriate.

(2)In any proceeding where an offender re-appears before a court for review in accordance with the terms of a judicial monitoring condition the court—

(a)may—

(i)cancel the condition; or

(ii)vary the condition, including shortening or extending the condition; or

(iii)take no further action in relation to the condition; or

(b)may give further directions as to—

(i)the time or times at which the offender must re-appear before the court for other reviews under this section of the compliance of the offender with the order; and

(ii)any information, report or test that must or may be provided in the course of another review under this section.

Division 5—Variation etc. of order

48MVariation etc. of community correction order

(1)On an application under section 48N, the court which made a community correction order may decide to deal with the order under subsection (2), if the court is satisfied that—

(a)the circumstances of the offender have materially altered since the order was made and as a result the offender will not be able to comply with any condition of the order; or

(b)the circumstances of the offender were wrongly stated or were not accurately presented to the court or to the author of a pre-sentence report or drug and alcohol report before the order was made; or

(c)the offender no longer consents to the order; or

(d)the rehabilitation and reintegration of the offender would be advanced by the making of the decision to deal with the order; or

(e)the continuation of the sentence is no longer necessary in the interests of the community or the offender.

(2)If satisfied of a matter set out in subsection (1), the court may decide to deal with the order in one or more of the following ways—

(a)by confirming the order or a part of the order; or

(b)by cancelling the order and dealing with the offender for the offence or offences with respect to which the order was made in any manner in which the court could deal with the offender if it had just found him or her guilty of that offence or those offences; or

(c)by cancelling the order and making no further order in respect of the offence or offences with respect to which the order was originally made; or

(d)by varying the order; or

(e)in relation to a condition of the order, by cancelling, suspending, varying or reducing the condition; or

Example

An example of a variation of a condition of the order that may be made under paragraph (e) is a reduction of the number of hours specified under an unpaid community work condition.

(f)by attaching a new condition on the order; or

(g)in relation to a program that must be undertaken under the order, by cancelling, suspending, varying or reducing the program; or

(h)by imposing a new program that must be undertaken under the order.

(3)The court must make a decision under subsection (2) on the basis of its assessment of the extent to which the offender has complied with the order.

(4)The Secretary must disclose any direction he or she has given under Division 3 of Part 3C to a court making an assessment under subsection (3).

48NApplication for variation etc. of a community correction order

(1)An application for the court to deal with a community correction order under section 48M may be made at any time while the order is in force by—

(a)a prescribed person or a member of a prescribed class of person; or

(b)the informant or police prosecutor (if the sentencing court was the Magistrates' Court); or

(c)the Director of Public Prosecutions; or

(d)the offender; or

(e)the Secretary.

(2)Notice of an application under subsection (1) must be given—

(a)to the offender, if the application is not made by the offender; and

(b)to the Director of Public Prosecutions; and

(c)to the informant or police prosecutor, if the sentencing court was the Magistrates' Court; and

(d)any prescribed person or a member of any prescribed class of person; and

(e)the Secretary.

(3)The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the hearing of the application.

48OSuspension by Secretary

(1)The Secretary may—

(a)if the offender is ill; or

(b)in other exceptional circumstances—

suspend for a period the operation of a community correction order or any condition of the order.

(2)If the Secretary suspends the operation of an order or a condition of an order under subsection (1), the period of the suspension does not count in calculating the period for which the order is to remain in force or a condition is to be complied with.

Division 6—Miscellaneous matters

48PSecretary may direct offender to report at another place

(1)If, because an offender has changed his or her place of residence or for any other reason it is not convenient that the offender should report at a place or to a person specified in a community correction order, the Secretary may direct the offender to report at another place or to another person.

(2)An offender must report as directed under subsection (1) as if that place or person had been specified in the order.

48QOrder made by Court of Appeal

For the purposes of any proceeding under Division 2 of Part 3C, a community correction order made by the Court of Appeal on an appeal must be taken to have been made by the court from whose decision the appeal was brought.

__________________

Part 3B—Sentences—Other Orders".

22Heading to Division 4 of Part 3 substituted

For the heading to Division 4 of Part 3 of the Sentencing Act 1991 substitute—

"Division 1—Fines".

23Application for fine conversion order

(1)In section 55(1)(d) of the Sentencing Act 1991, for "a community-based order" substitute "an order".

(2)In section 55(3) of the Sentencing Act 1991, for "a community-based order" substitute "an order".

24Enforcement of fines against natural persons

(1)For section 62(1) of the Sentencing Act 1991 substitute—

"(1)If a natural person defaults in the payment of a fine or of any instalment under an instalment order for a period of more than one month, the sentencing court or the proper officer may issue a warrant to arrest the person.

(1A)The court or proper officer must not issue a warrant under subsection (1) if an order has been made by the sentencing court under section 62A.".

(2)For section 62(7) of the Sentencing Act 1991 substitute—

"(7)A warrant under this section must not be executed if, within 7 days after a demand is made on the person in default by a person authorised to execute the warrant—

(a)the fine or instalment and all warrant costs are paid; or

(b)the person in default has obtained an instalment order or time to pay order; or

(c)an order has been made by the sentencing court under section 62A.".

(3)Section 62(9) of the Sentencing Act 1991 is repealed.

(4)For section 62(10)(a) of the Sentencing Act 1991 substitute—

"(a)with the consent of the offender, make an order requiring the offender to perform unpaid community work, as directed by the Regional Manager for the community corrections centre specified in the order, for a number of hours fixed in accordance with section 63(2); or".

(5)For section 62(13) of the Sentencing Act 1991 substitute—

"(13)Subsections (1A) and (7)(c) do not apply where a fine has been imposed in respect of an offence heard and determined by the Magistrates' Court as a result of the revocation of an enforcement order within the meaning of the Infringements Act 2006.".

25Insertion of new section 62A

After section 62 of the Sentencing Act 1991 insert—

"62A Power to make fine default unpaid community work order

(1)For the purposes of section 62(1) and (7), if the amount of a fine or an instalment remaining unpaid by a natural person is not more than an amount equivalent to the value of 100 penalty units, the sentencing court for the person in default may make an order requiring the person to perform unpaid community work, as directed by the Regional Manager for the community corrections centre specified in the order, for a number of hours fixed in accordance with section 63(2).

(2)An order under subsection (1) may be made on application of the person in default.".

26Hours of unpaid work

In section 63(3) of the Sentencing Act 1991, after "section 62(10)" insert "or section 62A(1)".

27Insertion of new section 63A

After section 63 of the Sentencing Act 1991 insert—

'63A Contravention of fine conversion order or fine default unpaid community work order

(1)Part 3C, with the modifications set out in this section, applies to a contravention of a fine conversion order as if—

(a)in that Part (other than sections 83AE and 83AF) a reference to "community correction order" were a reference to "fine conversion order"; and

(b)the penalty at the foot of section 83AD(1) were—

"Penalty:Level 10 fine.".

(2)Part 3C, with the modifications set out in this section, applies to a contravention of a fine default unpaid community work order as if—

(a)in that Part (other than sections 83AE and 83AF) a reference to "community correction order" were a reference to "fine default unpaid community work order"; and

(b)the penalty at the foot of section 83AD(1) were—

"Penalty:Level 10 fine.".

(3)In sentencing a person for a contravention of a fine conversion order or a fine default unpaid community work order, if the court considers that the orders that it may make under Part 3C in respect of the order are not adequate because—

(a)of the nature of the offence; and

(b)of the characteristics of the offender; and

(c)the offender has intentionally refused to pay the fine or instalment and to perform unpaid community work—

the court may impose a sentence of imprisonment of 1 day for each penalty unit or part of a penalty unit then remaining unpaid up to a maximum of 24 months.

63BPart payment of fine to reduce unpaid community work

(1)If at any time while a fine conversion order or a fine default unpaid community work order is in force, part of the amount then remaining unpaid is paid as required in subsection (2), the number of hours of work which the person is required to perform must be reduced by the number of hours bearing as nearly as possible the same proportion to the total number of hours as the amount paid bears to the whole amount in respect of which the order was made.

(2)An amount being paid under subsection (1) must be paid, in accordance with the regulations, to the Secretary by or on behalf of the person required to perform unpaid community work.'.

28Heading to Division 5 of Part 3 substituted

For the heading to Division 5 of Part 3 of the Sentencing Act 1991 substitute—

"Division 2—Dismissals, discharges and adjournments".

29Release on adjournment following conviction

(1)In section 72(2)(c) of the Sentencing Act 1991—

(a)omit "special";

(b)for "imposed" substitute "attached".

(2)In section 72(3) of the Sentencing Act 1991 for "Division 6 of Part 3, a court may impose a special" substitute "Division 3 of Part 3B, a court may attach a justice plan".

30Release on adjournment without conviction

In section 75(3) of the Sentencing Act 1991 for "Division 6 of Part 3, a court may impose a special" substitute "Division 3 of Part 3B, a court may attach a justice plan".

31Heading to Subdivision (4) of Division 5 to Part 3

In the heading to Subdivision (4) of Division 5 of Part 3 of the Sentencing Act 1991 omit "and breach".

32Variation of order for release on adjournment

For section 78(2) of the Sentencing Act 1991 substitute—

"(2)A court, in determining how to deal with an offender under subsection (1) must take into account the extent to which the offender has complied with the order.".

(a)either of those sections; or

(b)the Road Safety Act 1986; or

(c)regulations made under the Road Safety Act 1986 or rules (within the meaning of section 95D of the Road Safety Act 1986) made under that Act—

the later suspension is presumed to operate concurrently with the earlier suspension or disqualification, unless the court orders otherwise.

(2)If a person is disqualified under section 89 or 89AB from obtaining a driver licence or learner permit or from driving (later disqualification) and the driver licence or learner permit of the offender has previously been suspended or the offender has been disqualified from obtaining a driver licence or learner permit or from driving under—

(a)either of those sections; or

(b)the Road Safety Act 1986; or

(c)regulations made under the Road Safety Act 1986 or rules (within the meaning of section 95D of the Road Safety Act 1986) made under that Act—

the later disqualification is presumed to operate concurrently with the earlier suspension or disqualification, unless the court orders otherwise.

(3)The presumption—

(a)under subsection (1) does not apply if the Road Safety Act 1986 or regulations or rules (within the meaning of section 95D of that Act) made under that Act require the suspension to be consecutive;

(b)under subsection (2) does not apply if the Road Safety Act 1986 or regulations or rules (within the meaning of section 95D of that Act) made under that Act require the disqualification to be consecutive.

89AHCancellation on disqualification

If under this Division a court disqualifies a person from obtaining a driver licence or learner permit for any time without expressly cancelling any driver licence or learner permit held by that person, any driver licence or learner permit held by that person is, unless the order specifies otherwise, to be taken to have been cancelled by that order.

89AIRequirement to send particulars to Roads Corporation

A court must cause particulars of an order made under section 89 or 89AB to be sent immediately to the Roads Corporation.".

66Amendment of section 89A

(1)For the heading to section 89A of the Sentencing Act 1991 substitute—

"Imposition of alcohol interlock condition, disqualification under section 89".

(2)In section 89A(1)(a) of the Sentencing Act 1991 after "driver licence" insert "or learner permit or from driving on a road in Victoria".

67Substitution of sections 89B to 89D

For sections 89B to 89D of the Sentencing Act 1991 substitute—

89BImposition of alcohol interlock condition, disqualification under section 89AB— any offence"

(1)In an order under section 89AE(1) the Magistrates' Court may direct the Roads Corporation that it can only grant the person a driver licence or learner permit that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock if—

(a)the person has been disqualified from obtaining a driver licence or learner permit or disqualified from driving on a road in Victoria under section 89AB(1); and

(b)a finding has been made under section 89AC that the person was under the influence of alcohol when the offence was committed which contributed to the commission of the offence.

Note

Section 52(1BA) of the Road Safety Act 1986 applies to a direction given under subsection (1).

(2)The Magistrates' Court must specify the period that a direction given under subsection (1) applies to the person.

(3)A person to whom a direction under subsection (1) applies must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by an approved alcohol interlock supplier.

89CSpecified period where alcohol interlock condition must not be removed

(1)If the Magistrates' Court gives a direction under section 89A(2), 89A(3)(b) or 89A(4), it must specify in the direction a period during which the person concerned cannot apply to the Court for the removal of an alcohol interlock condition imposed on his or her driver licence or learner permit.

(2)The period specified under subsection (1) must be—

(a)in the case of a direction under section 89A(2), at least 6 months after the condition is imposed; or

(b)in any other case, at least 4 years after the condition is imposed.

(3)If the Magistrates' Court gives a direction under section 89B(1) it must specify that the person concerned cannot apply to the Court for the removal of an alcohol interlock condition imposed on his or her driver licence or learner permit for the period of the direction.

89DProcedure for removal of alcohol interlock condition

(1)The Roads Corporation must not remove an alcohol interlock condition imposed on a person's driver licence or learner permit unless the Magistrates' Court orders that the condition be removed.

(2)At the end of the period specified by the Court under section 89C a person may apply for the removal of the alcohol interlock condition.

(3)A person making an application under subsection (2) must give 28 days notice in writing to the Chief Commissioner of Police of his or her intention to make the application.

(4)A notice under subsection (3) must state the venue of the Court at which it is to be made.

(5)Within 28 days before applying for the removal of an alcohol interlock condition imposed on a person's driver licence or learner permit, the person must obtain from an accredited agency a report that—

(a)covers the whole period since an approved alcohol interlock was installed under the direction of the Court; and

(b)includes—

(i)an assessment by each approved alcohol interlock supplier who maintained, or authorised a person or body to maintain, the approved alcohol interlock during that period on the extent to which the person complied with the manufacturer's instructions for using the approved alcohol interlock; and

(ii)an assessment of the person's use of alcohol during that period; and

(iii)the last licence restoration report obtained by the person.

(6)In determining whether to make an order to remove an alcohol interlock condition imposed on a person's driver licence or learner permit—

(a)the Court must hear any relevant evidence tendered by either the person or the Chief Commissioner of Police and any evidence of a registered medical practitioner required by the Court; and

(b)the Court, without limiting the generality of its discretion, must have regard to—

(i)the person's use of alcohol in the period since the condition was imposed; and

(ii)the person's physical and mental condition at the time of the hearing of the application; and

(iii)the effect that the making of the order may have on the safety of the person or the public; and

(iv)any report obtained under subsection (5).

89DAAppeals against direction or period specified in direction

(1)A person in respect of whom a direction is given by the Magistrates' Court under section 89A or 89B may appeal to the County Court under section 254 of the Criminal Procedure Act 2009 against—

(a)in the case of a direction under section 89A(2)—

(i)the giving of the direction; or

(ii)the period specified in the direction during which the person cannot apply for the removal of an alcohol interlock condition, if that period is more than 6 months; or

(b)in the case of a direction under section 89A(3)(b) or 89A(4), the period specified in the direction during which the person cannot apply for the removal of the alcohol interlock condition, if that period is more than 4 years; or

(c)in the case of a direction under section 89B(1)—

(i)the giving of the direction; or

(ii)the period specified in the direction during which the person cannot apply for the removal of the alcohol interlock condition—

as if the direction were a sentence of a kind referred to in section 254 of the Criminal Procedure Act 2009.

(2)That Act applies with respect to the appeal with any necessary modifications.

(3)The making of an appeal to the County Court under subsection (1) does not stay the operation of a direction under section 89A or section 89B, but the court making the direction may, in its discretion, stay the operation of the direction pending the decision of the appeal.

89DBOffences and immobilisation orders

(1)A person whose driver licence or learner permit is subject to an alcohol interlock condition under this Division is guilty of an offence if—

(a)the person contravenes that condition; or

(b)the person drives a motor vehicle with an approved alcohol interlock in accordance with that condition but the motor vehicle has been started—

(i)with the approved alcohol interlock disengaged; or

(ii)in a way that does not comply with the manufacturer's instructions for the use of the approved alcohol interlock; or

(iii)in a way other than by the person blowing directly into the appropriate part of the approved alcohol interlock.

Note

Section 50AAH and 50AAI of the Road Safety Act 1986 may affect whether a person has contravened the condition.

(2)A person who is guilty of an offence against subsection (1) is liable to a fine of not more than 30 penalty units or to imprisonment for a term of not more than 4 months.

(3)If—

(a)a person contravenes an alcohol interlock condition by driving a motor vehicle with a type of alcohol interlock—

(i)the approval of which is cancelled under section 50AAH of the Road Safety Act 1986; or

(ii)that is installed or maintained by a person or body whose approval as an alcohol interlock supplier is cancelled under section 50AAI of the Road Safety Act 1986; or

(iii)that is installed or maintained by a person or body who would be authorised by an approved alcohol interlock supplier except that the supplier's approval is cancelled under section 50AAI of the Road Safety Act 1986; and

(b)the person is charged with an offence against subsection (1)(a) in respect of that contravention—

it is a defence if the person proves that he or she reasonably believed at the time of the contravention that the type of alcohol interlock was an approved alcohol interlock, or the person or body was an approved alcohol interlock supplier or authorised by such a supplier, as the case may be.

(4)A court finding a person guilty, or convicting a person, of an offence against subsection (1)(b) may, if the court considers it appropriate to do so, order that the motor vehicle concerned be immobilised (whether by wheel clamps or any other means) for a period specified in the order of up to 12 months.

(5)An order under subsection (4) may be made subject to specified conditions.

(6)The court may make an order under subsection (4) whether the motor vehicle is owned by the offender or another person.

(7)If the court considers that another person, who is not present at the hearing concerning the making of an order under subsection (4), may be substantially affected by such an order, the court must issue a summons to that other person to show cause why the order should not be made.

(8)On the return of the summons, the court may, after hearing the evidence brought before it, make or refuse to make the order.".

68New section inserted

After section 115A of the Sentencing Act 1991 insert—

"115B   Delegation

(1)The Secretary may, by instrument, delegate any power or duty of the Secretary under—

(a)Part 3A of this Act or the regulations except this power of delegation to—

(i)any officer within the meaning of Part 5 or Part 9 of the Corrections Act 1986; or

(ii)the Commissioner, within the meaning of the Corrections Act 1986; or

(iii)a prescribed person or prescribed class of person; or

(b)Division 3 of Part 3C of this Act or the regulations except this power of delegation to a person employed in the Department of Justice under Part 3 of the Public Administration Act 2004 at a level of Grade 6 or higher.

(2)A delegation under subsection (1) may be to a person or class of persons.".

69New sections inserted after heading to Part 11

After the heading to Part 11 of the Sentencing Act 1991 insert—

"115C   Infringement penalties

The infringement penalty for an offence against section 83AE or 83AF is 1 penalty unit.

115DPower to serve an infringement notice

(1)If the authorised person has reason to believe that an offender has committed an offence referred to in subsection (3), the authorised person may serve an infringement notice on that person.

(2)An offence referred to in subsection (3) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

(3)An infringement notice may be served in respect of an offence against—

(a)section 83AE (offence to fail to obey a particular direction of Secretary);

(b)section 83AF (offence to fail to obey written direction of Secretary).

115EAppointment of authorised person

(1)The Secretary may by instrument, appoint a person as an authorised person.

(2)The Secretary in appointing a person under subsection (1) must specify the nature and extent of the appointment.".

70New Part 3 to Schedule 3 inserted

After Part 2 of Schedule 3 to the Sentencing Act 1991 insert—

"Part 3—Sentencing Amendment (Community Correction Reform) Act 2011—Further Amendments

14Community correction orders—bond condition

Section 48JA as inserted by section 58 of the Sentencing Amendment (Community Correction Reform) Act 2011 applies to a sentence imposed on or after the commencement of section 58 that Act, irrespective of when the offence was committed or the finding of guilt was made.

15Direction of certain conditions on failure to comply with a community correction order

(1)The amendment of this Act by section 60 of the Sentencing Amendment (Community Correction Reform) Act 2011 apply to a failure by an offender to comply with a community correction order that is alleged to have been committed on or after that commencement.

(2)For the purposes of subclause (1), if a failure to comply with a community correction order is alleged to have been committed between two dates, one before and one after the commencement of section 60 of the Sentencing Amendment (Community Correction Reform) Act 2011, the failure to comply with the community correction order is alleged to have been committed before that commencement.

16Suspension, cancellation or disqualification of driver licence or learner permit—certain motor vehicle offences

(1)The amendment of this Act by section 64 of the Sentencing Amendment (Community Correction Reform) Act 2011 applies in respect of an offence alleged to have been committed on or after the commencement of section 64 of that Act.

(2)For the purposes of subclause (1), if an offence is alleged to have been committed between two dates, one before and one after the commencement of section 64 of the Sentencing Amendment (Community Correction Reform) Act 2011, the offence is alleged to have been committed before that commencement.

17Suspension, cancellation or disqualification of driver licence or learner permit—any offence

(1)The amendment of this Act by section 65 of the Sentencing Amendment (Community Correction Reform) Act 2011 applies in respect of an offence alleged to have been committed on or after the commencement of section 65 of that Act.

(2)For the purposes of subclause (1), if an offence is alleged to have been committed between two dates, one before and one after the commencement of section 65 of the Sentencing Amendment (Community Correction Reform) Act 2011, the offence is alleged to have been committed before that commencement.".

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Part 4—Amendment of the Sentencing Amendment Act 2010

71Definitions

In section 3 of the Sentencing Amendment Act 2010—

(a)paragraph (b) is repealed;

(b)paragraph (c) is repealed;

(c)paragraph (d) is repealed;

(d)paragraph (e) is repealed.

72Sentencing guidelines

Section 4 of the Sentencing Amendment Act 2010 is repealed.

73Sentences

Section 5 of the Sentencing Amendment Act 2010 is repealed.

74Repeal of reference to intensive correction order

Section 6 of the Sentencing Amendment Act 2010 is repealed.

75Repeal of Subdivision 1B of Division 2 of Part 3

Section 7 of the Sentencing Amendment Act 2010 is repealed.

76Repeal of references to certain orders

Section 8 of the Sentencing Amendment Act 2010 is repealed.

77Drug Court to hear and determine certain offences

Section 9 of the Sentencing Amendment Act 2010 is repealed.

78Repeal of Subdivision 2 of Division 2 of Part 3

Section 10 of the Sentencing Amendment Act 2010 is repealed.

79Time for bringing proceeding for contravention of home detention order

Section 11 of the Sentencing Amendment Act 2010 is repealed.

80Insertion of new Division 2A of Part 3

Section 13 of the Sentencing Amendment Act 2010 is repealed.

81Community-based order in addition to term of imprisonment

Section 14 of the Sentencing Amendment Act 2010 is repealed.

82Insertion of heading to section 39

Section 15 of the Sentencing Amendment Act 2010 is repealed.

83Unpaid community work condition

Section 16 of the Sentencing Amendment Act 2010 is repealed.

84Section 46 substituted

Section 17 of the Sentencing Amendment Act 2010 is repealed.

85Powers of court on determination of contravention proceeding

Section 18 of the Sentencing Amendment Act 2010 is repealed.

86Time for bringing proceeding for contravention of community-based order

Section 19 of the Sentencing Amendment Act 2010 is repealed.

87New heading to section 48

Section 20 of the Sentencing Amendment Act 2010 is repealed.

88Pre-sentence reports

Section 22 of the Sentencing Amendment Act 2010 is repealed.

89Drug and alcohol reports

Section 23 of the Sentencing Amendment Act 2010 is repealed.

90Drug and alcohol pre-release reports

Section 24 of the Sentencing Amendment Act 2010 is repealed.

91Penalty scale

Section 25 of the Sentencing Amendment Act 2010 is repealed.

92Regulations

Section 26 of the Sentencing Amendment Act 2010 is repealed.

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Part 5—Amendment of Other Acts

93Procedural requirements for apprehended etc. person—Family Violence Protection Act 2008

After section 17(7) of the Family Violence Protection Act 2008 insert—

"(7A)If the person is subject to a residence restriction or exclusion condition or curfew condition attached to a community correction order under the Sentencing Act 1991 a police officer must notify the Secretary as soon as practicable that the person has been directed or apprehended and detained under this Act.

(7B)In subsection (7A)—

residence restriction or exclusion condition has the same meaning as in the Sentencing Act 1991;

curfew condition has the same meaning as in the Sentencing Act 1991.".

94Application for family violence safety notice

After section 24(d) of the Family Violence Protection Act 2008 insert—

"(da)the police officer has no reasonable grounds for suspecting there is a community correction order under the Sentencing Act 1991 in force that may be inconsistent with the proposed terms of the family violence safety notice; and".

95New section inserted after section 175 in Family Violence Protection Act 2008

After section 175 of the Family Violence Protection Act 2008 insert—

"175A Relationship with certain orders under the Sentencing Act 1991

(1)If a court makes a family violence intervention order in respect of a respondent that is inconsistent with a residence restriction or exclusion condition or a curfew condition attached to a community correction order to which the respondent is subject at the time the family violence intervention order is made, the family violence intervention order prevails to the extent of any inconsistency.

(2)In this section community correction order, curfew condition and residence restriction or exclusion condition have the same meaning as in the Sentencing Act 1991.".

96Concurrency of periods of suspension—Infringements Act 2006

For section 118(2) of the Infringements Act 2006 substitute—

"(2)A period of suspension or a direction not to renew a driver licence or registration of a motor vehicle or trailer may be concurrent with—

(a)any other period of suspension or non-renewal under the Road Safety Act 1986; or

(b)any other period of suspension under Division 3 of Part 4 of the Sentencing Act 1991.".

97Cumulative periods of work—Infringements Act 2006

(1)In the heading to section 151 of the Infringements Act 2006 for "fine default CBOs" substitute "orders under the Sentencing Act 1991".

(2)In section 151(2) of the Infringements Act 2006 for "fine default CBO" (wherever occurring) substitute "fine conversion order or fine default unpaid community work order".

(3)For the note at the foot of section 151(2) of the Infringements Act 2006 substitute—

"Note

Work under a fine conversion order or a fine default unpaid community work order is to be performed cumulatively with work under other fine conversion orders or other fine default unpaid community work orders, but concurrently with work performed under any community correction order under the Sentencing Act 1991. See section 42 of the Sentencing Act 1991.".

(4)For section 151(3) of the Infringements Act 2006 substitute—

"(3)In this section—

fine conversion order has the same meaning as in the Sentencing Act 1991;

fine default unpaid community work order has the same meaning as in the Sentencing Act 1991.".

98Powers of the Court—Infringements Act 2006

In section 160(3)(e) of the Infringements Act 2006 for "community based order under Division 4 of Part 3" substitute "fine default unpaid community work order under Division 1 of Part 3B".

99Repeal of unproclaimed amendments—Justice Legislation Amendment Act 2010

Sections 9, 13, 18, 20, 21 and 22 of the Justice Legislation Amendment Act 2010 are repealed.

100New section inserted after section 130 of the Personal Safety Intervention Orders Act 2010

After section 130 of the Personal Safety Intervention Orders Act 2010 insert—

"130A Relationship with certain orders under the Sentencing Act 1991

(1)If a court makes a personal safety intervention order in respect of a respondent that is inconsistent with a residence restriction or exclusion condition or a curfew condition attached to a community correction order to which the respondent is subject at the time the personal safety intervention order is made, the personal safety intervention order prevails to the extent of any inconsistency.

(2)In this section community correction order, curfew condition and residence restriction or exclusion condition have the same meaning as in the Sentencing Act 1991.".

101Driver licences and learner permits—Road Safety Act 1986

(1)In section 19(7) of the Road Safety Act 1986 for "section 87P(1)" substitute "as imposed under section 89A".

(2)After section 19(7) of the Road Safety Act 1986 insert—

"(7A)A person who holds a full driver licence issued only because of the order of the Magistrates' Court made on an application under section 89AE of the Sentencing Act 1991 must have the licence in his or her possession while driving or in charge of a motor vehicle at any time during the period that an alcohol interlock condition imposed under section 89B of that Act applies to the licence under that court order.

Penalty:5 penalty units.".

102Disqualified person must not apply for licence or permit—Road Safety Act 1986

In section 28B(1) of the Road Safety Act 1986 after "this Act" insert ", the Sentencing Act 1991".

103Cancellation of approval of types of alcohol interlocks—Road Safety Act 1986

In section 50AAH(5) of the Road Safety Act 1986 for "section 89A" substitute "section 89A or 89B".

104Cancellation of approval of alcohol interlock supplier—Road Safety Act 1986

In section 50AAI(4) of the Road Safety Act 1986 for "section 89A" substitute "section 89A or 89B".

105Zero blood or breath alcohol—Road Safety Act 1986

(1)In section 52(1B) of the Road Safety Act 1986 for "section 87P(1)" substitute "as imposed under section 89A".

(2)After section 52(1B) of the Road Safety Act 1986 insert—

"(1BA)This section also applies to a person, who is driving or in charge of a motor vehicle, while holding a full driver licence which authorises the holder to drive such a motor vehicle, if—

(a)the licence has been issued only because of an order of the Magistrates' Court made on an application under section 89AE of the Sentencing Act 1991; and

(b)an alcohol interlock condition, imposed on the licence under section 89B of the Sentencing Act 1991, applies to the licence.".

106Duty to produce licence—Road Safety Act 1986

In section 59(3) of the Road Safety Act 1986 after "section 50(4)" insert "or who has been issued with a driver licence under an order of the Magistrates' Court made on application under section 89(2) or section 89AE of the Sentencing Act 1991".

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Part 6—Consequential and Other Amendments

107Consequential and other amendments

On the coming into operation of an item in the Schedule, the Act specified in the heading to that item is amended as set out in that item.

__________________

Part 7—Repeal of Amending Act

108Repeal of amending Act

This Act is repealed on 30 June 2014.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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SCHEDULE

Section 107

Consequential and Other Amendments

1Conservation, Forests and Lands Act 1987

1.1In section 97(1)(b) for "community-based" substitute "community correction".

2Corrections Act 1986

2.1In section 3(1) insert the following definition—

"combined custody treatment order has the same meaning as old combined custody and treatment order in clause 1 of Schedule 3 to the Sentencing Act 1991;".

2.2In section 3(1) for the definition of community-based order substitute—

"community-based order has the same meaning as old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991;".

2.3In section 3(1) in the definition of correctional order—

(a)after paragraph (a) insert—

"(aa)a community correction order, within the meaning of the Sentencing Act 1991;";

(b)for paragraph (c) substitute—

"(c)an old intensive correction order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991;".

2.4For section 94(4) substitute—

"(4)If after completing an investigation and considering any submissions made by an offender the Regional Manager determines that the offender has committed an act of misconduct but that the act is so trivial that action should not be taken against the offender for—

(a)breach of an old community-based order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; or

(b)contravention of a community correction order, within the meaning of the Sentencing Act 1991—

the Regional Manager may caution or reprimand the offender and need take no further action.".

3County Court Act 1958

3.1For section 78(1)(fc) substitute—

"(fc)delegating to the judicial registrars all or any of the powers of the court specified by the Rules in relation to proceedings prescribed under paragraph (fb), including, but not limited to, the exercise by the judicial registrars of the jurisdiction of the court other than the power—

(i)to impose a sentence of imprisonment; or

(ii)to impose a sentence of detention in a youth justice centre or youth residential centre within the meaning of the Sentencing Act 1991; or

(iii)to make a drug treatment order within the meaning of the Sentencing Act 1991; or

(iv)to make a community correction order within the meaning of the Sentencing Act 1991; or

(v)to make a hospital security order within the meaning of the Sentencing Act 1991;".

4Criminal Procedure Act 2009

4.1In paragraph (e) in the definition of original jurisdiction in section 3 for "breach" substitute "contravention".

4.2In paragraph (b) in the definition of sentence in section 3 after "3A" insert ", 3B, 3C, 3D".

4.3In section 87(2)(a) for "Division 4 of Part 3" substitute "Division 1 of Part 3B".

4.4In the note at the foot of section 87(2) for "community-based" substitute "community correction".

4.5In the note at the foot of section 268(1) for "community-based" substitute "community correction".

4.6In the note at the foot of section 322 for "community-based" substitute "community correction".

5Evidence (Miscellaneous Provisions) Act 1958

5.1In section 32G(1)(b) for "Division 1A of Part 6" substitute "Division 1C of Part 3".

6Firearms Act 1996

6.1For paragraph (c)(ii) of the definition of prohibited person in section 3(1) substitute—

"(ii)an old community-based order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; or".

6.2In section 3(1) for the definition of prohibited person after paragraph (c)(ii) insert—

"(iia)a community correction order, within the meaning of the Sentencing Act 1991, that has a supervision condition attached under section 48E of the Sentencing Act 1991; or"

6.3In section 3(1) in the definition of term of imprisonment in paragraph (b) after "community" insert "within the meaning of the Sentencing Act 1991 as in force before the commencement of section 15 of the Sentencing Amendment (Community Correction Reform) Act 2011".

7Juries Act 2000

7.1In clause 3(c) of Schedule 1 after "in the community" insert "within the meaning of the Sentencing Act 1991 as in force before the commencement of section 15 of the Sentencing Amendment (Community Correction Reform) Act 2011".

7.2In clause 4 of Schedule 1 for "a community-based order" substitute "an old community-based order (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991)".

7.3After clause 4 of Schedule 1 insert—

"4A.A person in respect of whom a court in Victoria (including the Magistrates' Court), has, within the last 5 years, made a community correction order under Part 3A of the Sentencing Act 1991, or an equivalent of a community-based sentence in another jurisdiction, but any conviction, or finding of guilt, of an offence in respect of which a free pardon has been granted must be disregarded.".

8Magistrates' Court Act 1989

8.1Section 16I(b)(ii) is repealed.

8.2In section 16I(b)(v) for "the Court." substitute "the Court; or".

8.3After section 16I(b)(v) insert—

"(vi)to make a community correction order within the meaning of the Sentencing Act 1991."

9Marine Act 1988

9.1In the heading to section 85AW for "breach" substitute "contravention".

9.2In section 85AW for "Sections 78 and 79" substitute "Section 78 and Part 3C".

9.3In section 85AW for "those sections" substitute "that section or Part".

9.4After section 85AW(a) insert—

"(ab)a reference to section 72 or 75 were a reference to section 85AV; and"

9.5In section 85AW(c) for "section 79(4)" substitute "section 83AC".

10Occupational Health and Safety Act 2004

10.1In the heading to section 138 for "breach" substitute "contravention".

10.2In section 138 for "Sections 78 and 79" substitute "Section 78 and Part 3C".

10.3In section 138 for "those sections" substitute "that section or Part".

10.4After section 138(a) insert—

"(ab)a reference to section 72 or 75 were a reference to section 137; and"

10.5In section 138(c) for "section 79(4)" substitute "section 83AC".

11Serious Sex Offenders (Detention and Supervision) Act 2009

11.1In section 3, in the definition of community-based disposition—

(a)for paragraph (a) substitute

"(a)an old community-based order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991;";

(b)after paragraph (a) insert—

"(ab)a community correction order, within the meaning of the Sentencing Act 1991;";

(c)for paragraph (b) substitute—

"(b)an old intensive correction order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991;";

(d)in paragraph (c) for "a combined custody and treatment order" substitute "an old combined custody and treatment order, (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991)".

11.2In section 3 for the definition of custodial sentence—

(a)in paragraph (b) for "a combined custody and treatment order within the meaning of the Sentencing Act 1991" substitute "an old combined custody and treatment order, (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991)";

(b)in paragraph (e) after "Sentencing Act 1991" insert "(as in force before the commencement of section 18 of the Sentencing Amendment (Community Correction Reform) Act 2011)";

(c)after paragraph (e) insert—

"(ea)an order made under section 83AR(1)(a) or (b) of the Sentencing Act 1991; or".

12Sex Offenders Registration Act 2004

12.1In paragraph (a) in the definition of community service order in section 3, after "is attached" insert "(as in force before the commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011)".

12.2After paragraph (a) in the definition of community service order in section 3 insert—

"(ab)an order under Part 3A of the Sentencing Act 1991 to which one or more conditions referred to in section 48D, 48E, 48F, 48G, 48H, 48I or 48K of the Sentencing Act 1991 is attached; or".

12.3In paragraph (a) in the definition of good behaviour bond in section 3 for "Division 5 of Part 3" substitute "Division 2 of Part 3B".

12.4In the definition of employment in section 67(1)—

(a)for paragraph (c) substitute—

"(c)performance of work as a volunteer including the performance of unpaid community work under—

(i)a drug treatment order within the meaning of the Sentencing Act 1991; or

(ii)an old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; or

(iii)an old intensive correction order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; or

(iv)a fine conversion order within the meaning of the Sentencing Act 1991; or

(v)a fine default unpaid community work order within the meaning of the Sentencing Act 1991; or";

(b)after paragraph (c) insert—

"(d)performance of work as a volunteer including the performance of unpaid community work under a community correction order within the meaning of the Sentencing Act 1991;".

13Sheriff Act 2009

13.1In section 34—

(a)for the definition of community-based order substitute—

"community-based order has the same meaning as old community-based order has in clause 1 of Schedule 3 to the Sentencing Act 1991;";

(b)insert the following definitions—

"fine conversion order means an order made under section 55(1)(d) of the Sentencing Act 1991;

fine default unpaid community work order means an order made under section 62(10) or section 62A of the Sentencing Act 1991;".

13.2In section 39(3) in the definition of liability discharge event, in paragraph (c) for "order." substitute "order; or".

13.3After paragraph (c) of the definition of liability discharge event, in section 39(3) insert—

"(d)a fine conversion order or fine default unpaid community work order has been made in respect of the person.".

13.4In section 40(3) in the definition of liability discharge event, in paragraph (c) for "order." substitute "order; or".

13.5After paragraph (c) of the definition of liability discharge event, in section 40(3) insert—

"(d)a fine conversion order or fine default unpaid community work order has been made in respect of the person.".

14Transport (Compliance and Miscellaneous) Act 1983

14.1In the heading to section 230F for "breach" substitute "contravention".

14.2In section 230F for "Sections 78 and 79" substitute "Section 78 and Part 3C".

14.3In section 230F for "those sections" substitute "that section or Part".

14.4After section 230F(a) insert—

"(ab)a reference to section 72 or 75 were a reference to section 230E; and".

14.5In section 230F(c) for "section 79(4)" substitute "section 83AC".

15Victims' Charter Act 2006

15.1In the note at the foot of section 13(1) for "Division 1A of Part 6" substitute "Division 1C of Part 3".

16Working with Children Act 2005

16.1For section 9(1)(c) substitute—

"(c)work engaged in as a volunteer including engaging in unpaid community work—

(i)under an old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991;

(ii)under an old intensive correction order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991;

(iii)under a drug treatment order within the meaning of the Sentencing Act 1991;

(iv)under a community correction order within the meaning of the Sentencing Act 1991;

(v)a fine conversion order within the meaning of the Sentencing Act 1991;

(vi)a fine default unpaid community work order within the meaning of the Sentencing Act 1991—

other than unpaid work engaged in for a private or domestic purpose—".

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EndnoteS

Minister's second reading speech—

Legislative Assembly: 15 September 2011

Legislative Council: 27 October 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Sentencing Act 1991 to make further provision as to sentencing orders and other matters, to amend the Sentencing Amendment Act 2010, to amend and make consequential and related amendments to other Acts and for other purposes."