Sentencing Regulations 2011 (Vic)
Version No. 007
Sentencing Regulations 2011
S.R. No. 159/2011
Version incorporating amendments as at
28 October 2018
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definitions
Part 2—General matters
6Copies of community correction orders, drug treatment orders or orders in relation to fines
7Nature of unpaid community work
8Regional Manager to keep records
9Declaration about time held in custody
10Transitional regulation
Part 3—Drug treatment orders
11Drug treatment order—prescribed person or class of person
12Offender's obligations—unpaid community work order made under a drug treatment order
13Offender's obligations—drug treatment order under section 18ZF or 18ZG
14Transitional regulation—drug treatment order
Part 4—Community correction orders
15Community correction order—prescribed class of persons
16Matters to be contained in a community correction order
17Offender's obligations under community correction order
Part 5—Fines
18AAFines—prescribed class of person
18Part payment of fine to reduce unpaid community work
21Matters to be contained in a fines work order
23Offender's obligations under a fines work order
23ATransitional regulation—fines
Part 6—Variation of a sentence
24Application for variation etc. of community correction order
24AApplication for variation etc. of fines work order
25Variation of community corrections order—prescribed persons
26Variation of an instalment order or a time to pay order—prescribed persons
26AVariation etc. of fines work order—prescribed persons
27Variation of an order for release on adjournment—prescribed persons
28Review of justice plan—prescribed persons
29Review of justice plan condition—prescribed persons
Part 7—Contravention of a sentence
Division 1—General
30Contravention of an order—section 63A or Schedule 3 of the Act
30ATransitional regulation—contravention of sentence
Division 2—Prescribed person or class of person
31Commencement of a proceeding—prescribed persons
31AContravention of an order—process where offender before higher court, orders of that court—prescribed persons
Division 4—Transfer of proceedings for contravention of a sentence
36Proper officer of sentencing court to fix date for transferred proceeding
37Transfer of a proceeding
Part 8—Orders in relation to intellectually disabled offenders and mentally ill offenders
39Review of a justice plan condition
40Court Assessment Orders
Part 9—Historical homosexual convictions
41Prescribed period after which a conviction becomes an expunged conviction
42Prescribed notification period
43Prescribed period for data controllers to take action
Schedule 1—Forms
Schedule 2—Revoked regulations
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 007
Sentencing Regulations 2011
S.R. No. 159/2011
Version incorporating amendments as at
28 October 2018
Part 1—Preliminary
1Objectives
The objectives of these Regulations are to—
(a)provide for orders made under the Sentencing Act 1991;
(b)provide for the obligations of offenders in relation to orders under that Act;
(c)prescribe any matter, form, procedure, person or class of person necessary for the administration of or to give effect to orders made under that Act.
2Authorising provision
These Regulations are made under section 116 of the Sentencing Act 1991.
3Commencement
These Regulations come into operation on 16 January 2012.
4Revocation
The Regulations set out in Schedule 2 are revoked.
5Definitions
In these Regulations—
* * * * *
* * * * *
holiday means, in relation to a community corrections centre, a day appointed as a public holiday or declared as a bank holiday under the Public Holidays Act 1993 in the place in which the community corrections centre is located;
location means, in relation to a community correction order, drug treatment order, fine conversion order or fine default unpaid community work order, any of the following places—
(a)a community corrections centre; or
(b)a place which an offender is directed to attend for unpaid community work, treatment and rehabilitation or for any other purpose in accordance with the direction by the Secretary, Regional Manager, community corrections officer or other person authorised under the Act, these Regulations or the Corrections Act 1986 or the regulations made under that Act (as the case requires);
prohibited poison means any Schedule 8 Poison or Schedule 9 Poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;
the Act means the Sentencing Act 1991;
unauthorised area means an area designated by the Regional Manager or a community corrections officer to be an unauthorised area.
Part 2—General matters
6Copies of community correction orders, drug treatment orders or orders in relation to fines
(1)If a court makes a community correction order, drug treatment order, fine conversion order or fine default unpaid community work order, it must as soon as practicable serve a copy of the order on—
(a)the offender; and
(b)the Regional Manager.
(2)A copy of the order under this regulation may be served by—
(a)personal service in accordance with section 391 of the Criminal Procedure Act 2009; or
(b)ordinary service in accordance with section 394 of the Criminal Procedure Act 2009.
(3)Service of a document under this regulation must be proved in accordance with section 399 of the Criminal Procedure Act 2009.
7Nature of unpaid community work
(1)The unpaid community work that an offender may be required to perform under a drug treatment order, community correction order, fine conversion order or fine default unpaid community work order is any of the following—
(a)work at a hospital, educational or charitable institution or for any other non-profit body; or
(b)work at the home of any socially disadvantaged or disabled person or any institution for such persons; or
(c)work on any Crown land or land occupied by the Crown; or
(d)work on any land owned, leased or occupied for a public purpose by any person or body under any Act.
(2)Offenders must not be required to perform work of a nature that would normally be performed by paid labour.
8Regional Manager to keep records
The Regional Manager for the region in which a community corrections centre is located must keep accurate records of—
(a)the dates and hours on which each offender—
(i)has satisfactorily performed unpaid community work; or
(ii)has not satisfactorily performed unpaid community work; and
(b)the times at which the offender attends at thecommunity corrections centre or at other places that he or she is required by the Secretary, Regional Manager or community corrections officer (as the case applies) to attend.
9Declaration about time held in custody
A declaration made by a court under section 18(4) or 35(4) of the Act may be in Form 1 in Schedule 1.
10Transitional regulation
Despite the commencement of these Regulations, the Sentencing Regulations 2002[1] as in force before that commencement, continue to apply to any—
(a)old combined custody and treatment order;
(b)old community-based order;
(c)old intensive correction order;
(d)pre-existing home detention order;
(e)pre-existing suspended sentence order;
that was in force immediately before that commencement and continues to be in force on and from the commencement of these Regulations.
Part 3—Drug treatment orders
11Drug treatment order—prescribed person or class of person
For the purposes of sections 18ZH(2)(c), 18ZL(5)(b), 18ZN(2)(b) and 18ZP(3)(c) of the Act, community corrections officers is a prescribed class of persons.
12Offender's obligations—unpaid community work order made under a drug treatment order
(1)An offender who is required to attend at a community corrections centre or a location under an order made under section 18ZL(1)(d) of the Act—
(a)must obey all lawful instructions and directions of the Regional Manager or a community corrections officer; and
(b)must not consume any alcohol—
(i)at least 8 hours before attending at the centre or a location; or
(ii)when attending at the centre or a location; or
(iii)during the performance of unpaid community work; and
(c)must not use a drug of addiction or a prohibited poison—
(i)when attending at the centre or a location; or
(ii)during the performance of unpaid community work; and
(d)must not be under the influence of alcohol, a drug of addiction or a prohibited poison when attending at or while being at the centre or a location, or during the performance of unpaid community work; and
(e)must not be in possession of any alcohol, a drug of addiction or a prohibited poison at the centre or a location or during the performance of unpaid community work; and
(f)must not leave a location where he or she is performing unpaid community work without the permission of the Regional Manager or the community corrections officer to whom he or she is required to report; and
(g)must as soon as practicable notify the Regional Manager or a community corrections officer at the relevant community corrections centre or location if he or she is unable to attend on any occasion as directed or required under the order; and
(h)must if he or she has not attended on any occasion as directed or required at the relevant community corrections centre or at a location as a result of an illness, give as soon as practicable a medical certificate signed by a registered medical practitioner to the Regional Manager or a community corrections officer at the centre or at a location; and
(i)must as soon as practicable notify the Regional Manager or a community corrections officer at the relevant community corrections centre of any delay in his or her attendance on any occasion as directed or required under the order; and
(j)must not enter an unauthorised area of a community corrections centre without first obtaining permission from the Regional Manager or a community corrections officer.
(2)An offender must attend at a community corrections centre or at a location as directed by the Regional Manager or a community corrections officer, and do all things necessary, to have his or her photograph taken to be included in the records of the community corrections centre.
13Offender's obligations—drug treatment order under section 18ZF or 18ZG
An offender undergoing any assessment or treatment specified or required under a drug treatment order must—
(a)answer all reasonable questions put to him or her; and
(b)undergo all reasonable tests required; and
(c)undergo all reasonable treatment required—
by the person who is authorised to carry out that assessment or treatment.
14Transitional regulation—drug treatment order
This Part applies to any drug treatment order made by a court which is in force before the commencement of these Regulations and continues to be in force on and from the commencement of these Regulations.
Part 4—Community correction orders
15Community correction order—prescribed class of persons
For the purposes of Part 3A of the Act, a prescribed class of person under section 115B(1)(a)(iii) of the Act is 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.
16Matters to be contained in a community correction order
(1)A community correction order must specify the following matters—
(a)the name, address, and date of birth (if known or as stated) of the offender and any other information personally identifying the offender; and
(b)the offence and the date of the offence for which the offender was found guilty or convicted; and
* * * * *
(d)the address and telephone number of the community corrections centre that the offender must report at; and
(e)the terms under section 45 of the Act attached to the order; and
(ea)that regulation 17 prescribes the obligations that the offender must comply with under the order; and
(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
(f)the condition or conditions attached to the order in accordance with section 47 of the Act; and
(g)the period of the order; and
(h)the period of any conditions (if specified by the court); and
(i)in relation to an intensive compliance period (if fixed by the court under section 39 of the Act), the period that is fixed and the condition or conditions that must be completed by the offender within that period; and
(j)the date the order was made by the court; and
(k)the date the order commences; and
(l)the signature of the judicial officer constituting the court who made the order; and
(m)the name and signature of the offender (or if the offender is unable to sign the order, the signature of the offender's legal practitioner) confirming his or her consent to the order; and
(n)any other information the court thinks appropriate to include in the order.
(2)A community correction order must be in writing and be expressed in language likely to be readily understood by the offender.
17Offender's obligations under community correction order
(1)An offender who is required to attend at a community corrections centre or a location, or to perform unpaid community work, under a community correction order—
(a)must not consume alcohol—
(i)at least 8 hours before attending at the centre or a location; or
(ii)when attending at the centre or a location; or
(iii)during the performance of unpaid community work; and
(b)must not use a drug of addiction or a prohibited poison—
(i)when attending at the centre or a location; or
(ii)during the performance of unpaid community work; and
(c)must not be under the influence of alcohol, a drug of addiction or a prohibited poison when attending at or while being at the centre or a location or during the performance of unpaid community work; and
(d)must not be in possession of alcohol, a drug of addiction or a prohibited poison at the centre or a location or during the performance of unpaid community work.
(2)An offender must attend at a community corrections centre or at a location as directed by the Regional Manager or a community corrections officer, and do all things necessary, to have his or her photograph taken and for it to be included in the records of the community corrections centre.
Part 5—Fines
18AAFines—prescribed class of person
For the purposes of Part 3B of the Act, a prescribed class of person under section 115B(1)(a)(iii) of the Act is 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.
18Part payment of fine to reduce unpaid community work
(1)For the purposes of section 69U(3) of the Act, payment of a fine may be made—
(a)in person at a community corrections centre between 10.00 a.m. and 4.00 p.m. on any Monday to Friday that is not a holiday; or
(b)by post to a community corrections centre; or
(c)by electronic funds transfer, or by a credit card, to an ADI; or
(d)in cash, or by bank cheque (marked "not negotiable") or money order made payable to the Department of Justice.
(2)A payment by bank cheque is not made until the cheque is honoured on presentation to the relevant bank.
(3)Part payment of a fine made on any occasion must be for a minimum sum of $100.00.
(4)In this regulation—
electronic funds transfer does not include—
(a)a transfer of money over the Internet; or
(b)a withdrawal or transfer of money carried out by telephone banking.
* * * * *
* * * * *
21Matters to be contained in a fines work order
(1)A fine conversion order must specify the following matters—
(a)the name, address, and date of birth (if known or as stated) of the offender and any other information personally identifying the offender; and
(b)the offence and the date of the offence for which the offender was found guilty or convicted; and
(c)the total amount of the fine, and costs (if any); and
(d)the number of hours of unpaid community work that the offender must perform as fixed under the Act; and
(e)the terms attached to the order under section 69V of the Act; and
(f)the address and telephone number of the community corrections centre that the offender must report at; and
* * * * *
(h)that regulation 23 prescribes the obligations that the offender must comply with under the order; and
(i)the date the order was made by the court; and
(j)the date the order commences; and
(ja)the period of the order; and
(k)the signature of the proper officer constituting the court who made the order; and
(l)the name and signature of the offender (or if the offender is unable to sign the order, the signature of his or her legal practitioner) confirming the offender's consent to the order; and
(m)any other information the court thinks appropriate to include in the order.
(2)A fines work order must be in writing and be expressed in language likely to be readily understood by the offender.
* * * * *
23Offender's obligations under a fines work order
(1)If an offender is required to perform unpaid community work under a fines work order, for the purpose of ensuring the offender's attendance and satisfactory performance of unpaid community work, the offender—
(a)must not consume or be under the influence of alcohol—
(i)when attending at the centre or a location; or
(ii)during the performance of unpaid community work; and
(b)must not use or be under the influence of a drug of addiction or a prohibited poison—
(i)when attending at the centre or a location; or
(ii)during the performance of unpaid community work; and
(c)must not be in possession of alcohol, a drug of addiction or a prohibited poison at the centre or a location or during the performance of unpaid community work; and
(d)must not leave a location where he or she is performing unpaid community work without the permission of the Regional Manager or a community corrections officer; and
(e)must as soon as practicable notify the Regional Manager or a community corrections officer if he or she is unable to attend at the centre or location on any occasion required under the order; and
(f)must as soon as practicable notify the Regional Manager or a community corrections officer of any delay in his or her attendance on any occasion as directed or required; and
(g)must if he or she has not attended on any occasion as directed or required at the relevant community corrections centre or at a location as a result of an illness, give as soon as practicable a medical certificate signed by a registered medical practitioner to the Regional Manager or a community corrections officer; and
(h)must not enter an authorised area of a community corrections centre without first obtaining permission from the Regional Manager or a community corrections officer.
(2)An offender must attend at a community corrections centre or at a location as directed by the Regional Manager or a community corrections officer, and do all things necessary, to have his or her photograph taken and for it to be included in the records of the community corrections centre.
23ATransitional regulation—fines
Despite the commencement of the Sentencing Amendment Regulations 2012, Part 5 of the Sentencing Regulations 2011 as in force before that commencement continues to apply to any—
(a)fine conversion order;
(b)fine default unpaid community work order—
that was in force immediately before that commencement.
Part 6—Variation of a sentence
24Application for variation etc. of community correction order
An application under section 48N(1) of the Act must be—
(a)made in writing; and
(b)include the following particulars—
(i)the name and signature of the applicant; and
(ii)the name of the respondent; and
(iii)the date of the application; and
(iv)the grounds for the application; and
(v)the court which made the order and the date of the order; and
(vi)the date the order commenced and ceases; and
(vii)the date, location and venue of the court for the hearing of the application recorded by the proper officer of the court; and
(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
(viii)any other relevant information about the order.
24AApplication for variation etc. of fines work order
An application under section 68(1) or 69J(1) of the Act must be—
(a)made in writing; and
(b)include the following particulars—
(i)the name and signature of the applicant; and
(ii)the name of the respondent; and
(iii)the date of the application; and
(iv)the grounds for the application; and
(v)the court which made the order and the date of the order; and
(vi)the date the order commenced and ceases; and
(vii)the date, location and venue of the court for the hearing of the application recorded by the proper officer of the court; and
(viii)any other relevant information about the order.
25Variation of community corrections order—prescribed persons
For the purposes of section 48N(1)(a) of the Act, a prescribed person or a prescribed class of person is—
(a)the Chief Commissioner of Police;
(b)a member of the police force;
(c)a Regional Manager;
(d)a community corrections officer;
(e)a person employed in the Office of Public Prosecutions who is a lawyer.
26Variation of an instalment order or a time to pay order—prescribed persons
For the purposes of section 61(1)(b) of the Act, a prescribed person or a member of a prescribed class of person is—
(a)an informant;
(b)a member of the police force;
(c)a person employed in the Office of Public Prosecutions who is a lawyer.
26AVariation etc. of fines work order—prescribed persons
For the
purposes of sections 68(1)(a) and 69J(1)(a) of the Act, a prescribed person
or a prescribed class of person is—
(a)the Chief Commissioner of Police; or
(b)a member of the police force; or
(c)a Regional Manager; or
(d)a community corrections officer; or
(e)a member of staff of the Office of Public Prosecutions who is a lawyer.
27Variation of an order for release on adjournment—prescribed persons
For the purposes of section 78(3)(b) of the Act, a prescribed person or a member of a prescribed class of person is—
(a)an informant;
(b)a member of the police force;
(c)a person employed in the Office of Public Prosecutions who is a lawyer.
28Review of justice plan—prescribed persons
For the purposes of section 81(2)(c) of the Act, a prescribed person or a member of a prescribed class of person is—
(a)an informant;
(b)a member of the police force;
(c)a person employed in the Office of Public Prosecutions who is a lawyer.
29Review of justice plan condition—prescribed persons
For the purposes of section 82(2)(c) of the Act, a prescribed person or a member of a prescribed class of person is—
(a)an informant;
(b)a member of the police force;
(c)a person employed in the Office of Public Prosecutions who is a lawyer.
Part 7—Contravention of a sentence
Division 1—General
30Contravention of an order—section 63A or Schedule 3 of the Act
(1)For the avoidance of doubt, this Part applies to a fine conversion order or fine default unpaid community work order in the same manner as it applies to a community correction order.
(2)For the avoidance of doubt, this Part applies to a suspended sentence order and a pre-existing suspended sentence order within the meaning of clause 6 of Schedule 3 to the Act.
(3)For the avoidance of doubt, a reference to an offence under section 83AD in this Part includes a reference to an offence under clauses 7, 8, 9 and 10 of Schedule 3 to the Act.
30ATransitional regulation—contravention of sentence
Despite the commencement of the Sentencing Amendment Regulations 2012, Part 7 of the Sentencing Regulations 2011 as in force before that commencement continues to apply to a proceeding commenced under Division 2 of Part 3C of the Act and extant immediately before that commencement.
Division 2—Prescribed person or class of person
31Commencement of a proceeding—prescribed persons
(1)For the purposes of section 83AG(2)(e) of the Act, the Chief Commissioner of Police is a prescribed person.
(2)For the purposes of section 83AG(2)(f) of the Act a prescribed class of persons is—
(a)a Regional Manager; or
(b)a community corrections officer.
* * * * *
31AContravention of an order—process where offender before higher court, orders of that court—prescribed persons
(1)For the purposes of section 83AL(2)(e) of the Act, the Chief Commissioner of Police is a prescribed person.
(2)For the purposes of section 83AL(2)(f) of the Act a prescribed class of persons is—
(a)a Regional Manager; or
(b)a community corrections officer.
* * * * *
* * * * *
Division 4—Transfer of proceedings for contravention of a sentence
36Proper officer of sentencing court to fix date for transferred proceeding
If a proceeding is transferred under section 83AJ(1) of the Act, the proper officer of the sentencing court must fix a date for the proceeding to be heard.
37Transfer of a proceeding
For the purposes of section 83AJ(1), the form of an order made by the Magistrates' Court that a proceeding be transferred is Form 1A in Schedule 1.
* * * * *
Part 8—Orders in relation to intellectually disabled offenders and
mentally ill offenders
39Review of a justice plan condition
For the purposes of section 82 of the Act, the form of the application 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.
40Court Assessment Orders
For the purposes of section 92(1)(b) of the Act, prescribed information in relation to a Court Assessment Order is advice about the duration of the Court Assessment Order in accordance with section 93(2).
* * * * *
Part 9—Historical homosexual convictions
41Prescribed period after which a conviction becomes an expunged conviction
For the purposes of section 105I(3) of the Act, the prescribed period is 42 days.
42Prescribed notification period
For the purposes of section 105K(1) of the Act, the prescribed period is 14 days.
43Prescribed period for data controllers to take action
For the purposes of section 105K(2) of the Act, the prescribed period is 28 days.
Schedule 1—Forms
FORM 1
Regulation 9
DECLARATION ABOUT TIME HELD IN CUSTODY
Ref. No.
On / / the Court at
sentenced of Date of Birth / / to weeks months years detention imprisonment
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Declaration
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
The offender has been held in custody in relation to proceedings connected with the offence to which this sentence applies and for no other reason for—
Days
Weeks
Months
This period is to be reckoned as already served under the sentence.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This declaration was made by
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Signature Judge/Magistrate
Day Month Year
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
FORM 1A
Regulation 37
TRANSFER OF PROCEEDING FROM THE MAGISTRATES' COURT TO THE COUNTY COURT*/SUPREME COURT* UNDER SECTION 83AJ OF THE SENTENCING ACT 1991
The Magistrates' Court of Victoria at
Informant:
Accused:
D.O.B:
Proceeding commenced by: Charge and Summons*/Charge and Warrant*
Nature of Charge: That the Accused did contravene a sentencing order under section of Part 3C*/clause of Schedule 3* of the Sentencing Act 1991.
I, [name], registrar of the Magistrates' Court of Victoria at [venue] order that the proceeding under the Sentencing Act 1991 be transferred to the
COUNTY COURT at */SUPREME COURT at *
This order is made under section 83AJ(1) of the Sentencing Act 1991 and takes effect; on the filing of the evidence of service of the summons in the above mentioned court*/on the execution of the warrant against the offender*.
Dated at:
On:
Registrar of the Magistrates' Court of Victoria
* Strike out whichever is inapplicable.
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
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
APPLICATION
I intend to apply to the Court under section 82(1) of the Sentencing Act 1991 to review the justice plan condition.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
FORM 2
Regulation 39(b)
APPLICATION FOR REVIEW OF JUSTICE PLAN CONDITION
Ref. No.
This application is being made by
of
TO:
of
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
SENTENCE
On/ / q the court made a community correction order in respect of
qyou were/I was released on an adjournment following conviction/without conviction
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
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
APPLICATION
I intend to apply to the Court under section 82(1) of the Sentencing Act 1991 to review the justice plan condition.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
* * * * *
Schedule 2—Revoked regulations
Regulation 4
S.R. No. | Title |
| 21/2002 | Sentencing Regulations 2002 |
| 125/2006 | Sentencing (Mental Health) (Amendment) Regulations 2006 |
| 144/2006 | Sentencing (Amendment) Regulations 2006 |
| 66/2009 | Sentencing Amendment Regulations 2009 |
| 160/2009 | Sentencing Amendment Regulations 2009 |
| 2/2011 | Sentencing Amendment Regulations 2011 |
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Sentencing Regulations 2011, S.R. No. 159/2011 were made on 21 December 2011 by the Governor in Council under section 116 of the Sentencing Act 1991, No. 49/1991 and came into operation on 16 January 2012: regulation 3.
The Sentencing Regulations 2011 will sunset 10 years after the day of making on 21 December 2021 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Sentencing Regulations 2011 by statutory rules, subordinate instruments and Acts.
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Sentencing Amendment Regulations 2012, S.R. No. 74/2012
Date of Making: 3.7.12 Date of Commencement: 16.7.12: reg. 3
Sentencing Amendment Regulations 2013, S.R. No. 73/2013
Date of Making: 25.6.13 Date of Commencement: 30.6.13: reg. 3
Sentencing Amendment Regulations 2014, S.R. No. 16/2014
Date of Making: 15.4.14 Date of Commencement: 19.4.14: reg. 3
Sentencing Further Amendment Regulations 2014, S.R. No. 57/2014
Date of Making: 17.6.14 Date of Commencement: Regs 5–7 on 1.7.14: reg. 3
Sentencing Amendment Regulations 2016, S.R. No. 38/2016
Date of Making: 3.5.16 Date of Commencement: 3.5.16
Sentencing Amendment Regulations 2018, S.R. No. 162/2018
Date of Making: 16.10.18 Date of Commencement: 28.10.18: reg. 3
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3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Reg. 10: S.R. No. 21/2002. Reprint No. 1 as at 18 September 2007. Reprinted to S.R. No. 144/2006 and subsequently amended by S.R. Nos 66/2009, 160/2006 and 2/2011.
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