Sentencing Amendment Regulations 2018 (Vic)

Sentencing Amendment Regulations 2018

S.R. No. 162/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Matters to be contained in a community correction order

6Application for variation etc. of community correction order

7Review of a justice plan condition

8New Form 1B inserted

9Form 2 amended

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Endnotes

STATUTORY RULES 2018

S.R. No. 162/2018

Sentencing Act 1991

Sentencing Amendment Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 16 October 2018

Responsible Minister:

MARTIN PAKULA
Attorney-General

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Sentencing Regulations 2011 to make changes consequential to the enactment of the Justice Legislation Miscellaneous Amendment Act 2018 in relation to mandatory treatment and monitoring orders.

2Authorising provision

These Regulations are made under section 116 of the Sentencing Act 1991.

3Commencement

These Regulations come into operation on 28 October 2018.

4Principal Regulations

In these Regulations, the Sentencing Regulations 2011[1] are called the Principal Regulations.

5Matters to be contained in a community correction order

After regulation 16(1)(ea) of the Principal Regulations insert—

"(eb)whether the order is a mandatory treatment and monitoring order; and

(ec)the conditions attached to the order in accordance with section 44A(1) of the Act; and".

6Application for variation etc. of community correction order

After regulation 24(b)(vii) of the Principal Regulations insert—

"(viia)whether the order is a mandatory treatment and monitoring order; and

(viib)the conditions attached to the order in accordance with section 44A(1) of the Act; and".

7Review of a justice plan condition

In regulation 39 of the Principal Regulations, for "is Form 2 in Schedule 1." substitute—

"is—

(a)in the case of a justice plan condition attached to a mandatory treatment and monitoring order—Form 1B in Schedule 1; and

(b)in any other case—Form 2 in Schedule 1.".

8New Form 1B inserted

After Form 1A in Schedule 1 to the Principal Regulations insert—

"FORM 1B

Regulation 39(a)

APPLICATION FOR REVIEW OF JUSTICE PLAN CONDITION ATTACHED TO A MANDATORY TREATMENT AND MONITORING ORDER

Ref. No.

This application is being made by

of

TO:

of

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SENTENCE

On      /     /     , the Court made a mandatory treatment and monitoring order for the following offence:

The Court made an order attaching a justice plan condition that you/I participate in the services specified in a justice plan for a period of

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APPLICATION

I intend to apply to the Court under section 82(1) of the Sentencing Act 1991 to review the justice plan condition.

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GROUNDS OF THIS APPLICATION

qthat the offender is no longer willing to comply with the justice plan condition.

qthat the needs of the offender are not being met by the justice plan condition.

qthat the offender has failed without reasonable excuse to comply with the justice plan condition.

qthat the justice plan condition is no longer appropriate.

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NOTICE OF APPLICATION

The above application is being made to the                  Court

at       .

The application will be heard on       Day       Month      Year

at       a.m./p.m.

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TAKE NOTE

The justice plan condition must not be cancelled. If the justice plan condition is varied, the condition as varied must be as onerous as, or more onerous than, the previous condition. See section 44A(3) of the Sentencing Act 1991.

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Signature of applicant

WARNING TO THE OFFENDER:

If you do not attend Court at the above time and place, a warrant to arrest may be issued against you.

q Tick whichever applies".

9Form 2 amended

In Form 2 in Schedule 1 to the Principal Regulations, after "Form 2", for "Regulation 39" substitute "Regulation 39(b)".

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Endnotes

[1] Reg. 4: S.R. No. 159/2011 as amended by S.R. Nos 74/2012, 73/2013, 16/2014, 57/2014 and 38/2016.