Serious Offenders Act 2018 (Vic)

Version No. 015

Serious Offenders Act 2018

No. 27 of 2018

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary

1Purposes
2Commencement
3Definitions
4Offender still serving sentence when on parole
5Safety and protection of community paramount in any decision under this Act
6Nature of proceeding
7Operation of supervision order or interim supervision order

Part 2—Assessment of eligible offenders

8Eligible offender
9Secretary may decide to proceed with application for order
10Referral to DPP
11When DPP decides not to apply for detention order

Part 3—Supervision orders

Division 1—Court in which to commence application

12Court in which to commence application

Division 2—Making of supervision order

13Application for supervision order
14Determination of application for supervision order
15Conditions of supervision order
16Content of supervision order
17Copy of supervision order
18Commencement of supervision order
19Period of supervision order
20Suspension of conditions of supervision order
21Expiry of supervision order
22Application for renewal of supervision order
23Progress report may be prepared
24Determination of application for renewal of supervision order
25Renewed supervision order
26Notices in relation to indefinite sentence

Division 3—Conditions of supervision order

27Purposes of conditions of supervision order
28Submissions relating to conditions
29Consideration of certificate of available resources
30Court may consider other orders
31Core conditions of supervision order
32Intensive treatment and supervision condition
33Court must consider imposing conditions under sections 34 and 35
34Other conditions relating to residence
35Suggested conditions
36Condition authorising Authority to give directions
36ACondition authorising Authority to give directions relating to place of residence
37Condition as to firearms and weapons
38Discretion to impose any other condition
39Cancellation of firearms authority etc.

Division 4—Restrictive conditions and temporary conditions

40Application for declaration that condition is a restrictive condition
41Court may declare condition to be a restrictive condition
42Temporary conditions

Division 5—Extension of intensive treatment and supervision condition

43Application to extend intensive treatment and supervision condition
44Determination of application to extend intensive treatment and supervision condition

Part 4—Interim supervision orders

45Definition
46Application for interim supervision order
47Determination of application for interim supervision order
48Content of interim supervision order
49Conditions of interim supervision order
50Condition as to firearms and weapons
51Suspension of firearms authority etc.
52Copy of interim supervision order
53Commencement of interim supervision order
54Period of interim supervision order
55Suspension of conditions of interim supervision order
56Expiry of interim supervision order
57Application to extend interim supervision order
58Determination of application to extend interim supervision order
59Content of order extending interim supervision order
60Copy of order on application to extend interim supervision order

Part 5—Detention orders

61Application for detention order
62Determination of application for detention order
63Finding of unacceptable risk
64Detention order only option
65Content of detention order
66Effect of detention order
67Copy of detention order
68Commencement of detention order
69Period of detention order
70Expiry of detention order
71Application for renewal of detention order
72Progress report may be prepared
73Determination of application for renewal of detention order
74Renewed detention order

Part 6—Interim detention orders

75Application for interim detention order
76Determination of application for interim detention order
77Content of interim detention order
78Effect of interim detention order
79Copy of interim detention order
80Commencement of interim detention order
81Period of interim detention order
82Expiry of interim detention order
83Application to extend interim detention order
84Determination of application to extend interim detention order
85Content of order extending interim detention order
86Copy of order on application to extend interim detention order

Part 7—Emergency detention orders

87Application for emergency detention order
88Application may be heard and determined in absence of offender
89Determination of application for emergency detention order
90Content of emergency detention order
91Copy of emergency detention order
92Commencement of emergency detention order
93Period of emergency detention order
94Effect of emergency detention order
95Warrant to detain
96Directions in, and authority of, warrant to detain

Part 8—Review of orders and conditions

97Applications under this Part
98Progress report must be prepared
99Periodic review of supervision order
100Periodic review of detention order
101Offender serving custodial sentence or in custody on remand at time of review
102Leave for review
103Form of application
104Purpose of review
105Matters to be considered by the court
106Decision on supervision order—general
107Application for detention order and interim detention order during review of supervision order
108Decision on detention order—general
109Effect of custodial order on time for review
110Application for review of condition of supervision order or interim supervision order
111Power of court on review of conditions
112Leave not required in certain circumstances for review of core conditions
113Application for review of intensive treatment and supervision condition
114Determination of application for review of intensive treatment and supervision condition

Part 9—Appeals

Division 1—Appeals relating to orders made under Part 3, 4, 5, 6, 7 or 8

115Appeal by offender
116Appeal by the Secretary
117Appeal by the DPP
118How appeal is commenced
119Conduct of appeal and powers to consider new evidence
120Determination of appeal against decision not to make emergency detention order
121Powers of Court of Appeal
122Court of Appeal may make interim supervision order or interim detention order

Division 2—Appeals relating to publication of information

123Appeal relating to publication of information

Part 10—Procedure relating to applications

124Exclusion of evidence from disclosure
125Hearing of application
126Directions hearings
127Court may order offender to attend for personal examination
128Attendance of offender at hearings
129Adjournment of hearing
130Legal representation
131Admissibility of evidence
132Matters to which court may have regard
133Reasons for determination
134Victim submission
135Victim submission not to be released to offender without consent
136Power to issue arrest warrant
137Execution of warrant to arrest
138Arrested offender to be brought before court

Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders

139Directions by Authority
140Directions by Authority authorised by condition of supervision order or interim supervision order
141Electronic monitoring directions by Authority
142Emergency power of direction
143Urgent review of conditions of supervision order or interim supervision order
144Report to the court
145Instructions
146Notice of directions or instructions
147Offender may make submissions
148Attendance of offender at meetings of Authority
149Decision of Authority on submissions
150Reasons for directions
151Offender may inspect documents with permission of the Authority
152Authority must notify Secretary of certain matters
153Submissions
154How submissions are dealt with by the Authority

Part 12—Contravention of supervision order or interim supervision order

Division 1—Holding power if imminent risk of contravention

155Police officer may apprehend and detain offender subject to supervision order or interim supervision order
156Search of detained offender
157Use of reasonable force
158Procedural requirements after apprehension
159Duration of detention
160No questioning during detention
161Secretary to be notified of apprehension and detention

Division 2—Power of arrest

162Police officer may arrest without warrant
163Entry and search of premises in order to arrest offender
164Announcement before entry
165Warning that search or seizure is to occur and that reasonable force may be used
166Reporting of use of force
167Reporting of use of power of entry
168Power to arrest offender in residential treatment facility suspected of contravening supervision order or interim supervision order

Division 3—Contravention of supervision order or interim supervision order

169Offence to contravene supervision order or interim supervision order
170Authority may inquire into contravention
171Procedure on inquiry
172Serious contravention
173Commencement of criminal proceeding for offence against section 169
173ACommencement of criminal proceeding for offence of attempt to commit offence against section 169
174Supreme Court or County Court may conduct summary hearing
175Transfer of proceeding for related summary offence
176Hearing and determination of related summary offence by Supreme Court or County Court
177Failure to attend

Part 13—Management of offenders

Division 1—Management of offenders at residential facilities

178Appointment of residential facility
179Purpose of residential facility
180Management of residential facility
181Persons working at residential facility to be subject to direction
182Duties of supervision officers and specified officers
183Officers may give instructions
184Officers may use force to enforce instructions in certain circumstances
185Offender entitled to enter and leave residential facility
186Access to residential facility
187Visitors
188Exclusion of visitors for safety reasons
189Visitors to give certain information
190Offences relating to operation or possession of remotely-piloted aircraft or helicopter
191Officer in charge may give authorisation for operation of remotely-piloted aircraft or helicopter
192Arrest of person for offence relating to operation or possession of remotely-piloted aircraft or helicopter
193Photographing
194Reporting of use of force or application of authorised instrument of restraint

Division 2—Management of offenders at residential treatment facilities

195Appointment of residential treatment facility
196Purpose of residential treatment facility
197Application of Division 1
198Offender movement in residential treatment facility
199Offender must not enter and leave residential treatment facility other than in accordance with supervision order, treatment and supervision plan, etc.
200Offenders' rights
201Certain letters may be inspected
202Letter register
203Visits by Judges or independent prison visitors
204Visit by independent prison visitor
205Exclusion of visitors and termination of visits for safety and security reasons

Division 3—Management of offenders at other places

206Application of Division
207Management of offender
208Officers to be subject to direction
209Officer may give instructions
210Reporting of use of force

Division 4—Alcohol and drug testing of offenders

211Definitions
212Application of Division
213Testing of offenders by officers
214Secretary to approve test procedures
215Taking of samples of drugs and alcohol
216Testing of offenders by police officers

Part 14—Entry, search and seizure

Division 1—Definitions

217Definitions

Division 2—General search and seizure powers

218Search powers
219Seizure and examination powers
220Warning that search or seizure is to occur and that reasonable force may be used
221Reporting of use of force

Division 3—Search and seizure in respect of offenders residing at residential facilities or residential treatment facilities

222Definition
223Search outside premises
224Search inside premises
225Seizure and examination at premises

Division 4—Search and seizure in respect of offenders residing at places other than residential facilities or residential treatment facilities

226Application of Division
227Search of offenders residing at places other than residential facilities or residential treatment facilities
228Seizure and examination of offenders at other places
229Powers of entry and search by police officer
230Announcement before entry
231Report to Authority

Division 5—Computers and other devices

232Definitions
233Offender to comply with direction
234Entry and search if offender fails to comply
235Seizure and examination if offender fails to comply
236Officer may direct offender to provide assistance—computers and other devices

Division 6—General provisions relating to seized things

237Register of things seized by police officers
238Register of things seized by officers other than police officers
239Things seized by officers must be photographed or otherwise recorded
240Officer must provide receipt for seized things
241Retention by Chief Commissioner of Police or Commissioner of seized things
242Return of seized things if grounds for seizure no longer apply
243Return of seized things—retrieval notices
244Return of seized property—application to Magistrates' Court
245Chief Commissioner of Police or Commissioner may apply to Magistrates' Court for disposal or destruction order
246Proceeds of sale or disposal to be paid into Consolidated Fund
247Destruction or disposal of seized things with owner's consent
248No liability for use of force in accordance with certain provisions

Part 15—Removal of electronic monitoring devices and equipment

249Application
250Definition
251Who may remove electronic monitoring devices and equipment
252Removal of electronic monitoring devices and equipment
253Commissioner may authorise employee to exercise powers of officer

Part 16—Management of offenders subject to detention orders, interim detention orders or emergency detention orders

254Application
255Status of offender on detention order, interim detention order or emergency detention order
256Function of Authority in relation to detention orders, interim detention orders and emergency detention orders

Part 17—Change of name

257Application of Part
258Definitions
259Applications for change of name by or on behalf of an offender
260Approval by Authority
261Approval to be notified in writing
262Registration of change of name
263Registrar may correct Register
264Information sharing between the Secretary and the Victorian Registrar
265Notice to Secretary

Part 17A—Approval of making of acknowledgement of sex applications—offenders

265ADefinition
265BOffence to make acknowledgement of sex application without approval
265CApplication by offender or other person for approval of Authority
265DApproval by Authority of the making of acknowledgement of sex application
265ECopy of approval or refusal of Authority

Part 18—Reports and plans

Division 1—Preparation of assessment reports and progress reports

266Secretary may direct eligible offender to attend examination or assessment
267Assessment report or progress report to be prepared by medical expert
268Additional assessment
269Content of assessment report
270Content of progress report

Division 2—Disputed reports

271Notice of intention to dispute report
272Disputed report—application for interim order or emergency detention order
273Disputed report—application for any other order

Division 3—Preparation of treatment and supervision plans

274Treatment and supervision plan
275Provision of treatment and supervision plan to Authority and responsible agencies

Part 19—Restriction and sharing of information

Division 1—Publication

276Definition
277Offence to publish certain information
278Order authorising publication
279Order restricting publication of offender's identity
280Matters to which court must have regard
281Offence to publish information

Division 2—Recording and sharing of information

282Record of eligible offenders
283Additional information to be obtained by Secretary
284Use of information by authorised person
284ADisclosure of information by authorised person
285Guidelines for disclosure
286Sharing information with responsible person
287Sharing information with health care providers
288Disclosure of certain information is not contravention of section 4 of Judicial Proceedings Reports Act 1958
289Exemption from Freedom of Information Act 1982
289AUse or disclosure of information for research purposes

Part 20—Post Sentence Authority

Division 1—Continuation of Authority

290Continuation of Post Sentence Authority
291Functions of Authority
292Powers of Authority
293Membership of Authority
294Chairperson and deputy chairpersons of Authority
294ASelection of member to chair meetings in certain circumstances
295Acting appointments
296Terms and conditions of office
297Chairing of meetings
298Meetings
299Validity of acts or decisions of Authority
300Vacancies, resignations and removal from office
301Employees and contractors
302Member may act on behalf of Authority

Division 2—Notices to produce or attend

303Power of Authority to compel production of documents and other things or attendance of witnesses
304Person may dispute notice to produce or notice to attend
305Variation or revocation of notice to produce or notice to attend
306Service of notice to produce or notice to attend
307Powers in relation to documents and other things produced
308Power to compel attendance or production does not affect power of Authority to direct or instruct offenders

309Appearance by audio visual link
310Notice to attend served on person serving custodial sentence or in custody on remand
311Power to take evidence on oath or by affirmation
312Offence to fail to comply with a notice to produce or attend
313Offence to fail to take oath, make affirmation or answer question

Division 3—Miscellaneous matters

314Protection of participants at Authority meeting
315Immunity of member of Authority
316Annual report
317Other reports
318Information to be provided to Authority

Division 4—Security at Authority premises

319Functions of security officers
320Search and seizure powers of security officers
321Warning that search or seizure is to occur and that reasonable force may be used
322Security officer may give directions
323Security officer may arrest without warrant
324Seizure of things—reporting and recording
325Reporting of use of force or application of instrument of restraint
326Seized things
327No liability

Part 21—Cooperation and coordination between responsible agencies

328Application of Part
329Responsible agency must act in accordance with principle of shared responsibility
330Responsible agencies must establish panel
331Responsible agencies to agree on coordinated services plan for each offender
332Content of coordinated services plan
333Responsible agencies to give copy of plan to Authority
334Authority to review coordinated services plans
335Responsible agencies to review and report on coordinated services plan
336Expiry of plan
337Responsible agency may seek services or advice
338Delegation
339Legal rights not affected

Part 22—General

340Persons authorised to act as specified officers
341Sex offender registration order under Sex Offenders Registration Act 2004
342Service of documents
343Costs
344Certificate of available resources
345Delegation by Secretary
346Delegation by Commissioner
347Grants by Minister
348Review of Act
349Regulations

Part 23—Repeal and transitional provisions

350Repeal
351Savings and transitional provisions

Schedule 1—Serious sex offences

Schedule 2—Serious violence offences

Schedule 3—Additional offences not to be committed as core conditions of supervision order

Schedule 4—Savings and transitional provisions

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Endnotes

1 General information

2 Table of Amendments

3 Explanatory details

Version No. 015

Serious Offenders Act 2018

No. 27 of 2018

Version incorporating amendments as at

22 October 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes
The purposes of this Act are—
(a)primarily, to provide for enhanced protection of the community by requiring offenders who have served custodial sentences for certain serious sex offences or certain serious violence offences and who present an unacceptable risk of harm to the community to be subject to ongoing detention or supervision; and
(b)secondly, to facilitate the treatment and rehabilitation of those offenders; and
(c)to repeal the Serious Sex Offenders (Detention and Supervision) Act 2009 and consequentially amend other Acts.

2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 25 March 2019, it comes into operation on that day.

3Definitions
In this Act—
acknowledgement of sex application means an application—
(a)under section 30A or 30E of the Births, Deaths and Marriages Registration Act 1996; or
(b)under a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;

Adult Parole Board means the Adult Parole Board established under the Corrections Act 1986;
assessment report means a report referred to in section 269;
authorised instrument of restraint means an instrument, or a type of instrument, that is approved under section 55D of the Corrections Act 1986 and is used in the manner determined by the Secretary under that section;
authorised person means—
(a)any member, or the secretary, of the Adult Parole Board; or
(b)the Secretary; or
(c)an independent prison visitor appointed under section 35 of the Corrections Act 1986; or
(d)any person employed in the Department of Justice and Community Safety; or

(e)any person who delivers services or advice to, or on behalf of, the Department of Justice and Community Safety, whether paid or unpaid; or
(f)the Secretary to the Department of Families, Fairness and Housing or the Secretary to the Department of Health; or
(g)any person employed in the Department of Families, Fairness and Housing or the Department of Health; or
(h)any person who delivers services or advice on behalf of the Department of Families, Fairness and Housing or the Department of Health; or
(i)a person employed or engaged by a hospital listed in Schedule 1 to the Health Services Act 1988; or
(j)a person employed or engaged by a hospital listed in Schedule 2 to the Health Services Act 1988; or
(k)a person employed or engaged by a public health service listed in Schedule 5 to the Health Services Act 1988; or
(l)any member of the Authority or any employee assisting the Authority under section 301 to perform its functions; or
(m)any person who delivers services or advice to, or on behalf of, the Authority, whether paid or unpaid; or
(n)a person or body from which a responsible agency seeks or obtains advice; or
(o)a person or body prescribed as a responsible agency under paragraph (d) of the definition of responsible agency; or
(p)the Chief Commissioner of Police; or
(q)a police officer; or
(r)any Victoria Police employee within the meaning of the Victoria Police Act 2013; or
(s)any person who delivers services or advice on behalf of Victoria Police; or
(t)an Australian lawyer engaged for the purpose of obtaining legal advice or representation in relation to the administration or operation of this Act; or
(u)the Secretary to the Department of Home Affairs of the Commonwealth; or
(v)any person employed in the Department of Home Affairs of the Commonwealth; or
(w)any person who delivers services or advice on behalf of the Department of Home Affairs of the Commonwealth; or
(x)the Secretary to the Attorney-General's Department of the Commonwealth; or
(y)any person employed in the

Attorney-General's Department of

the Commonwealth; or

(z)any person who delivers services

or advice on behalf of the

Attorney-General's Department of

the Commonwealth; or
(za)the Commissioner of the Australian Federal Police; or
(zb)a member or a special member of the Australian Federal Police; or
(zc)the Commonwealth Director of Public Prosecutions; or

(zd)any person employed in the Office of the Commonwealth Director of Public Prosecutions; or
(ze)any person who delivers services or advice on behalf of the Office of the Commonwealth Director of Public Prosecutions; or
(zf)the DPP; or
(zg)the Chief Crown Prosecutor within the meaning of the Public Prosecutions Act 1994; or
(zh)any Crown Prosecutor or Associate Crown Prosecutor within the meaning of the Public Prosecutions Act 1994; or
(zi)the Solicitor for Public Prosecutions appointed under the Public Prosecutions Act 1994; or
(zj)any person employed in the Office of Public Prosecutions for Victoria; or
(zk)any person who delivers services or advice on behalf of the Office of Public Prosecutions for Victoria; or
(zl)an NDIS provider, and a registered NDIS provider, within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; or

(zm)the Attorney General for New South Wales; or
(zn)a prescribed person or body;

Authority means the Post Sentence Authority continued in existence under section 290;
certificate of available resources means a certificate referred to in section 344;
Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;
Commissioner means the person employed as Commissioner under section 8A of the Corrections Act 1986;
community corrections officer has the same meaning as in the Corrections Act 1986;
coordinated services plan means a plan referred to in section 332;
core conditions, in relation to a supervision order or an interim supervision order, means the conditions set out in section 31;
custodial sentence means—
(a)a sentence imposed by a court that an offender serve a term of imprisonment; or
(b)that part of an old combined custody and treatment order (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991) which an offender serves in a prison; or
(c)that part of a sentence imposed by a court that an offender be detained in a youth justice centre which an offender serves in a prison or police gaol (excluding any period in a prison or police gaol solely on a temporary basis pending transfer to or from a youth justice centre); or
(d)an order made under section 18M of the Sentencing Act 1991; or
(e)an order made under section 31(5)(a) or (b) of the Sentencing Act 1991 (as in force before its repeal); or
(f)an order made under section 83AR(1)(a) or (b) of the Sentencing Act 1991 (as in force before its repeal); or
(g)a court secure treatment order made under section 94B of the Sentencing Act 1991 or an order taken to be a court secure treatment order by section 94G of that Act—

but does not include—
(h)a suspended sentence of imprisonment except as provided in paragraph (e) or (f); or
(i)a drug and alcohol treatment order referred to in section 18ZT of the Sentencing Act 1991; or
(j)an intensive correction order made under section 19 of the Sentencing Act 1991 (as in force before its repeal); or
(k)a community correction order made under Part 3A of the Sentencing Act 1991; or
(l)an order made under section 59 of the Corrections Act 1986 (as in force before its repeal);

designated mental health service has the same meaning as in the Mental Health and Wellbeing Act 2022;

detention order means an order made under section 62, 73, 107 or 108 and includes any extension of the order;

DPP means the Director of Public Prosecutions for Victoria;
eligible offender has the meaning set out in section 8;
emergency detention order means an order made under section 89 or 120;
firearms authority means a licence, permit or other authority under the Firearms Act 1996 to possess, carry or use firearms;
garment search means a search of any article of clothing worn by a person or in the person's possession, where the article of clothing is touched or removed from the person's body;
immigration detention has the same meaning as in section 5 of the Migration Act 1958 of the Commonwealth;
indefinite sentence has the same meaning as in the Sentencing Act 1991;
intensive treatment and supervision condition means a condition on a supervision order imposed under section 32;
interim detention order means an order made under section 76 or 122;
interim supervision order means an order made under section 47 or 122;
law enforcement agency means—
(a)Victoria Police; or
(b)the Australian Federal Police;

legal practitioner means an Australian legal practitioner;
medical expert means—
(a)a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the speciality of psychiatry (other than as a student); or
(b)a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or
(c)a person who is qualified or registered to practise psychology in a place outside Australia; or
(d)any other health service provider (within the meaning of the Health Complaints Act 2016) of a prescribed kind;

notice to attend means a notice served under section 303 requiring a person to attend a meeting of the Authority;
notice to produce means a notice served under section 303 requiring a person to produce a specified document or other thing to the Authority;
officer in charge means—
(a)in the case of a residential facility, the officer in charge of the residential facility; or
(b)in the case of a residential treatment facility, the officer in charge of the residential treatment facility; or
(c)in the case of any other place where an offender resides, the Commissioner;

pat-down search means a search of a person where the person's clothed body is touched;
physical examination means an examination of a person's body that involves touching of the person or removal of the person's clothing;
police gaol has the same meaning as in the Corrections Act 1986;
prison has the same meaning as in the Corrections Act 1986;
prison officer has the same meaning as in the Corrections Act 1986;
progress report means a report referred to in section 270;
registered dentist means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the dental profession as a dentist (other than as a student); and
(b)in the dentists division of that profession;

registered nurse means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and
(b)in the registered nurses division of that profession;

Registrar means—
(a)the Victorian Registrar; or
(b)an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages;

relevant Act means—
(a)the Bail Act 1977; or
(b)the Children, Youth and Families Act 2005; or
(c)the Control of Weapons Act 1990; or
(d)the Corrections Act 1986; or
(e)the Crimes Act 1958; or
(f)the Disability Act 2006; or
(g)the Family Violence Protection Act 2008; or
(h)the Firearms Act 1996; or
(i)the Housing Act 1983; or
(j)the Mental Health and Wellbeing Act 2022; or
(k)the National Domestic Violence Order Scheme Act 2016; or
(l)the Personal Safety Intervention Orders Act 2010; or
(m)the Sentencing Act 1991; or
(n)the Sex Offenders Registration Act 2004; or
(o)the Summary Offences Act 1966; or
(p)the Worker Screening Act 2020; or
(q)the Crimes Act 1914 of the Commonwealth; or
(r)the Criminal Code Act 1995 of the Commonwealth; or
(s)the Migration Act 1958 of the Commonwealth; or
(t)the National Disability Insurance Scheme Act 2013 of the Commonwealth; or
(u)the Crimes (High Risk Offenders) Act 2006 of New South Wales;

remotely-piloted aircraft includes the controls for the aircraft;
residential facility means premises appointed under section 178 to be a residential facility;
residential treatment facility means premises appointed under section 195 to be a residential treatment facility;
responsible agency means—
(a)the Secretary; or
(b)the Secretary to the Department of Families, Fairness and Housing; or
(ba)the Secretary to the Department of Health; or

(c)the Chief Commissioner of Police; or
(d)a prescribed person or body, if any;

restrictive condition means—
(a)a core condition referred to in section 31(2), (3), (4), (5), (7) or (9); or
(b)a condition declared under section 41 to be a restrictive condition;

scanning search means a search of a person, or of the property of a person, using an electronic or other device, during which the person is not touched;
Secretary means the Secretary to the Department of Justice and Community Safety;

security officer has the same meaning as in the Corrections Act 1986;
serious sex offence means an offence referred to in Schedule 1;
serious violence offence means an offence referred to in Schedule 2;
specified officer means a person authorised to act as a specified officer under section 340;
supervision officer means—
(a)a community corrections officer; or
(b)an employee in the public service who is working at a residential facility or a residential treatment facility and is engaged in the supervision of offenders or the day to day management of the facility;

supervision order means an order made under section 14, 24, 62 or 108 and includes any extension of the order;

treatment and supervision plan means a plan referred to in section 274;
Victorian Registrar means the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996;
weapons approval means an approval under section 8C of the Control of Weapons Act 1990;
weapons exemption means an exemption granted under section 8B of the Control of Weapons Act 1990;
working day—
(a)in relation to a court, means a day on which the offices of the court are open; and
(b)in relation to the Secretary, means a day on which the principal office of the Department of Justice and Community Safety is open.

4Offender still serving sentence when on parole
For the purposes of this Act, an offender is serving a custodial sentence even if the offender is released on parole under the Corrections Act 1986 in respect of the sentence.
5Safety and protection of community paramount in any decision under this Act
In making any decision under this Act, a person or body must give paramount consideration to the safety and protection of the community.
6Nature of proceeding
(1)A proceeding under this Act in a court is civil in nature, unless otherwise provided by this Act.
(2)A proceeding referred to in subsection (1) is not a civil proceeding to which the rules regulating the practice and procedure of a court in a civil proceeding apply.

Note
Section 4(2)(j) of the Civil Procedure Act 2010 provides that that Act does not apply to proceedings under the Serious Offenders Act 2018.
7Operation of supervision order or interim supervision order
For the avoidance of doubt, it is intended that a supervision order or an interim supervision order operates to the extent that it can validly do so.

PART 2—ASSESSMENT OF ELIGIBLE OFFENDERS

8Eligible offender
(1)A person is an eligible offender if the person is of or over the age of 18 years and—
(a)the Supreme Court or the County Court or an equivalent court of another State or a Territory has at any time (whether before, on or after the commencement of this Act) imposed on the person, whether at first instance or on appeal from the Supreme Court or the County Court, a custodial sentence for a serious sex offence or a serious violence offence; and
(b)the person is serving in Victoria—
(i)the custodial sentence referred to in paragraph (a), whether or not the sentence is being served concurrently with or cumulatively on a custodial sentence for another offence; or
(ii)a custodial sentence for another offence that is being served cumulatively on the custodial sentence referred to in paragraph (a) that has been served, irrespective of when the sentence was imposed; or
(iii)a custodial sentence for another offence that is being served cumulatively on the custodial sentence referred to in subparagraph (ii) that has been served, irrespective of when the sentence was imposed.

(2)A person is an eligible offender if—
(a)the person is remanded in custody or is serving a custodial sentence for any offence; and
(b)at the time when the person was remanded in custody or began to serve the custodial sentence, the person—
(i)was the subject of an application for a supervision order, a detention order or an emergency detention order; or
(ii)was subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order.

(3)A person is an eligible offender if the person is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order, whether or not the person is remanded in custody or is serving a custodial sentence.
(4)Despite any other provision of this section, a person is not an eligible offender if on appeal—
(a)the conviction or finding of guilt in respect of the serious sex offence or serious violence offence by reason of which the person is an eligible offender is set aside; or
(b)the custodial sentence is varied and a different sentence is imposed such that the person is not an eligible offender.

9Secretary may decide to proceed with application for order
(1)The Secretary may decide—
(a)to apply under section 13 for a supervision order in respect of an eligible offender; or
(b)not to proceed under paragraph (a).

(2)If the Secretary considers that an application for a detention order should be made, the Secretary must refer to the DPP the question of whether or not to apply under section 61 for a detention order in respect of an eligible offender.
(3)For the purposes of subsections (1)(a) and (2), the Secretary—
(a)must have regard to an assessment report in respect of the eligible offender; and
(b)may have regard to any other report, information or matter that the Secretary considers relevant.

(4)For the purposes of subsection (1)(b), the Secretary may have regard to—
(a)an assessment report in respect of the eligible offender; and
(b)any other report, information or matter that the Secretary considers relevant.

(5)If the Secretary refers a question to the DPP under subsection (2), the Secretary must give to the DPP—
(a)a copy of the assessment report to which the Secretary had regard under subsection (3); and
(b)any other report or information requested by the DPP.

(6)Nothing in this section requires the Secretary to apply for a supervision order in respect of an eligible offender.

Note
Part 18 sets out requirements for an assessment report.
10Referral to DPP
(1)On a referral under section 9(2), the DPP must decide whether or not to apply under section 61 for a detention order in respect of the eligible offender.
(2)For the purposes of subsection (1), the DPP—
(a)must have regard to the assessment report in respect of the eligible offender; and
(b)may have regard to any other report, information or matter that the DPP considers relevant.

(3)Nothing in this section requires the DPP to apply for a detention order in respect of an eligible offender.
(4)If the DPP decides not to apply for a detention order, the DPP may refer the matter back to the Secretary.
11When DPP decides not to apply for detention order
If the DPP decides not to apply for a detention order, whether or not the DPP refers the matter back to the Secretary, the Secretary may decide—
(a)to apply under section 13 for a supervision order in respect of the eligible offender; or
(b)not to proceed under paragraph (a).

PART 3—SUPERVISION ORDERS

Division 1—Court in which to commence application

12Court in which to commence application
(1)Unless the context otherwise requires, the court in which an application under this Part is to be commenced is the Supreme Court or the County Court, being the court referred to in section 8(1)(a) that sentenced the offender to the custodial sentence.
(2)If an offender was sentenced by an equivalent court of another State or a Territory and is an eligible offender, the court in which an application under this Part is to be commenced is the Supreme Court or the County Court, being the equivalent court to the court that sentenced the offender.
(3)If, on appeal from the Supreme Court or the County Court, a custodial sentence is imposed on an offender, an application under this Part is to be commenced in the court from which the appeal was brought.
(4)If an offender is subject to a detention order or an interim detention order, the court in which an application under this Part is to be commenced is—
(a)the court referred to in subsection (1); or
(b)the Supreme Court.

Division 2—Making of supervision order

13Application for supervision order
(1)The Secretary may apply to the court referred to in section 12 for a supervision order in respect of a person who is an eligible offender at the time when the application is commenced.
(2)An application under subsection (1) is commenced by filing—
(a)a notice of application in accordance with the rules of court, if any; and
(b)at least one assessment report in respect of the eligible offender; and
(c)if the Secretary intends to request the imposition of an intensive treatment and supervision condition, a treatment and supervision plan.

(3)As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender—
(a)a copy of the notice of application; and
(b)a copy of each document filed with the application; and
(c)a notice (in the prescribed form, if any) setting out—
(i)the rights of an eligible offender in relation to the application, including rights of appeal; and
(ii)the procedure for the hearing and determination of the application; and
(iii)the nature of a supervision order.

(4)An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4).

Notes
1See section 342 for service of documents.
2See section 124 for exclusion of evidence from disclosure to an offender.
3See Part 10 for the procedure relating to an application.
14Determination of application for supervision order
(1)On an application under section 13, the court may make a supervision order in respect of an eligible offender if, and only if, the court is satisfied that—
(a)in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious sex offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a supervision order is not made and the offender is in the community; or
(b)in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious violence offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a supervision order is not made and the offender is in the community.

(2)In determining whether an offender poses or will pose an unacceptable risk under subsection (1)—
(a)the court must have regard to—
(i)subject to section 273, any assessment report or progress report filed in relation to the application, whether by the Secretary or the offender; and
(ii)any other report filed, tendered or made, or evidence given, in relation to the application; and
(iii)any other matter the court considers appropriate; and

(b)the court must not have regard to—
(i)the means of managing the risk; or
(ii)the likely impact of a supervision order on the offender.

(3)For the purposes of subsection (1), the court must be satisfied by acceptable, cogent evidence to a high degree of probability that the offender poses or will pose an unacceptable risk.
(4)The court may determine that an offender poses or will pose an unacceptable risk under subsection (1) even if the likelihood that the offender will commit a serious sex offence or a serious violence offence or both is less than more likely than not.
(5)The Secretary has the burden of proving that an offender poses or will pose an unacceptable risk under subsection (1).
(6)If the court is satisfied as required by subsection (1), the court may—
(a)make a supervision order; or
(b)make no order.

(7)The court may hear and determine an application under section 13 even if the offender has ceased to be an eligible offender because—
(a)the custodial sentence has been served or has expired; or
(b)the offender is no longer subject to a detention order.

(8)The court may hear and determine an application under section 13 even if the offender is remanded in custody or is serving a custodial sentence.
15Conditions of supervision order
A supervision order is subject to the core conditions set out in section 31 and any other conditions that the court imposes under Division 3.
16Content of supervision order
(1)A supervision order must state that the court is satisfied that the offender poses, or after release from custody will pose, an unacceptable risk of committing—
(a)a serious sex offence; or
(b)a serious violence offence; or
(c)both a serious sex offence and a serious violence offence—

if a supervision order is not made and the offender is in the community.
(2)A supervision order must specify—
(a)the name of the offender in respect of whom the order is made; and
(b)the date on which the order is made; and
(c)the date on which the order commences under section 18; and
(d)the period of the order under section 19; and
(e)the conditions of the order under section 15; and
(f)if the order is subject to an intensive treatment and supervision condition—
(i)the period of the condition; and
(ii)the latest date by which an application for the first review of the condition must be made under section 113; and

(g)the latest date by which an application for the first review of the order must be made under Part 8 and the maximum intervals between subsequent reviews.

(3)A supervision order must be signed by the judge constituting the court that made it and include the name of the judge.
17Copy of supervision order
(1)As soon as practicable after the making of a supervision order, the Secretary must give a copy of the order to—
(a)the Authority; and
(b)the Adult Parole Board if the offender is serving a custodial sentence when the order is made.

(2)If the offender commences serving a custodial sentence before the expiry or revocation of the supervision order, the Secretary must give as soon as practicable a copy of the order to the Adult Parole Board.

18Commencement of supervision order
(1)Subject to subsection (2), a supervision order commences—
(a)if the offender is serving a custodial sentence when the supervision order is made, on the day on which the offender completes the custodial sentence or any consecutive or concurrent custodial sentence, whichever is later; or
(b)if the offender is remanded in custody when the supervision order is made, on the day on which the offender is released from custody; or
(c)if the offender is in immigration detention when the supervision order is made, on the day on which the offender is released from immigration detention; or
(d)in any other case, on the date specified in the supervision order.

(2)A supervision order that has been renewed commences on the date specified in the renewed supervision order.
19Period of supervision order
(1)Unless sooner revoked, the period of a supervision order is a period not exceeding 15 years specified by the court in the order.
(2)Any time spent in custody on remand or serving a custodial sentence during the period of a supervision order that has commenced counts in calculating the period of the supervision order.
(3)Any time spent in detention subject to an emergency detention order during the period of a supervision order that has commenced counts in calculating the period of the supervision order.
(4)Any time spent in immigration detention during the period of a supervision order that has commenced does not count in calculating the period of the supervision order.
(5)If an offender is subject to a supervision order and is sentenced to a community correction order (within the meaning of the Sentencing Act 1991), the community correction order is to be served concurrently with the supervision order.
20Suspension of conditions of supervision order
(1)Subject to subsection (2), the conditions of a supervision order are suspended during any time spent in custody on remand, serving a custodial sentence, in detention subject to an emergency detention order or in immigration detention during the period of the supervision order.
(2)The conditions of a supervision order are not suspended during a period when the offender is released on parole.
21Expiry of supervision order
A supervision order expires on the first of the following to occur—
(a)at the end of its period of operation;
(b)on its revocation by a court under this Act;
(c)on the commencement of another supervision order or a detention order or interim detention order replacing it;
(d)on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth;
(e)on the death of the offender.

Note
On the expiry of a supervision order, any directions given by the Authority under the order no longer apply.
22Application for renewal of supervision order
(1)At any time before the expiry of a supervision order in respect of an eligible offender, the Secretary may apply to the court that made the supervision order for the renewal of the order.
(2)An application under subsection (1) is commenced by filing—
(a)a notice of application in accordance with the rules of court, if any; and
(b)at least one assessment report or the latest progress report in respect of the offender.

(3)As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender—
(a)a copy of the notice of application; and
(b)a copy of the assessment report or progress report filed with the application; and
(c)a notice (in the prescribed form, if any) setting out—
(i)the rights of an offender in relation to the application, including rights of appeal; and
(ii)the procedure for the hearing and determination of the application; and
(iii)the nature of a supervision order.

(4)An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4).
(5)An application for the renewal of a supervision order may be made more than once.

(6)An application for the renewal of a supervision order may be made even if the offender is remanded in custody or is serving a custodial sentence.

Notes
1See section 342 for service of documents.
2See section 124 for exclusion of evidence from disclosure to an offender.
3See Part 10 for the procedure relating to an application.
23Progress report may be prepared
The Secretary may cause a progress report to be prepared in respect of an eligible offender for the purposes of an application for the renewal of a supervision order.

Note
Part 18 sets out requirements for a progress report.
24Determination of application for renewal of supervision order
(1)On an application under section 22, the court may—
(a)renew the supervision order; or
(b)revoke the supervision order; or
(c)make no order under paragraph (a) or (b).

(2)An application for the renewal of a supervision order may be heard and determined despite the expiry of the supervision order sought to be renewed.
(3)Subject to this section, section 14 applies to the determination of an application under section 22 as if a reference to an application under section 13 were a reference to an application under section 22.

(4)If the court renews a supervision order, it may—
(a)vary, add or remove any condition of the order; or
(b)vary the maximum intervals between applications for review of the order.

(5)If the court renews a supervision order, the existing supervision order, if any, is revoked on the commencement of the supervision order that is renewed.
(6)The period of a supervision order that is renewed is the period specified under section 19(1).
25Renewed supervision order
(1)This Act applies to a supervision order that is renewed in the same way as it applies to any other supervision order.
(2)The expiry of a supervision order sought to be renewed does not prevent the renewal of the order.
26Notices in relation to indefinite sentence
(1)The DPP must notify the Secretary as soon as practicable after an indefinite sentence is imposed on an offender who is subject to a supervision order.
(2)As soon as practicable after being notified under subsection (1), the Secretary must give notice of the indefinite sentence and of its effect on the supervision order to the Authority.

Division 3—Conditions of supervision order

27Purposes of conditions of supervision order
(1)The primary purpose of the conditions of a supervision order is to reduce the risk of the offender re-offending by committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3.
(2)The secondary purpose of the conditions of a supervision order is to provide for the reasonable concerns of the victim or victims of the offender in relation to their own safety and welfare.
(3)In order to reduce the risk of the offender re‑offending, the conditions may—
(a)promote the rehabilitation and treatment of the offender; and
(b)address types of behaviour that may increase the risk of the offender—
(i)committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or
(ii)engaging in any behaviour or conduct that threatens the safety of any person (including the offender).

(4)The court must ensure that any conditions

of a supervision order (other than the core conditions)—
(a)constitute the minimum interference with the offender's liberty, privacy or freedom of movement that is necessary in the circumstances to ensure the purposes of the conditions; and
(b)are reasonably related to the gravity of the risk of the offender re-offending.

28Submissions relating to conditions
(1)The Secretary and the offender may make submissions to the court in relation to the conditions of a supervision order.
Note
A victim of the offender may also make a submission—see sections 134 and 135.
(2)Before imposing any condition (other than a core condition) on a supervision order, the court—

(a)must consider any victim submission it receives under section 134 in relation to the matter; and
(b)may give the submission the weight that the court thinks fit.

29Consideration of certificate of available resources
(1)In considering the conditions (other than the core conditions) to impose on a supervision order, the court must consider any certificate of available resources provided by the Secretary.
(2)The court must not impose a condition on a supervision order that is inconsistent with a certificate of available resources provided to the court.

Note
Section 344 provides for certificates of available resources.
30Court may consider other orders
(1)In considering the conditions (other than the core conditions) to impose on a supervision order, the court must have regard to the conditions of any of the following orders to which the offender is subject—
(a)an interim accommodation order or a family preservation order within the meaning of the Children, Youth and Families Act 2005;
(b)a family violence intervention order or a recognised DVO within the meaning of the Family Violence Protection Act 2008;
(c)a personal safety intervention order within the meaning of the Personal Safety Intervention Orders Act 2010;
(d)any of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal—
(i)an intervention order made on grounds referred to in section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act;
(ii)an interim intervention order made on grounds referred to in section 8 of that Act;

(e)an intervention order within the meaning of the Stalking Intervention Orders Act 2008 (as in force before its repeal);
(f)an order made under section 4 of the Crimes (Family Violence) Act 1987 of a kind referred to in section 21A(5) of the Crimes Act 1958, both as in force before their repeal.

(2)The court must not impose a condition (other than a core condition) on a supervision order that is inconsistent with a condition of an order referred to in subsection (1) unless the court considers that it is necessary—
(a)to reduce the risk of the offender re‑offending by—
(i)committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or
(ii)engaging in any behaviour or conduct that threatens the safety of any person (including the offender); or

(b)to provide for the reasonable concern of a victim of the offender in relation to the safety and welfare of the victim.

31Core conditions of supervision order
(1)This section sets out the core conditions of a supervision order that apply to the offender during the period of the order, irrespective of when the order is made.
(2)The offender must not commit a serious sex offence in Victoria or elsewhere.
(3)The offender must not commit a serious violence offence in Victoria or elsewhere.
(4)The offender must not commit an offence referred to in Schedule 3 in Victoria or elsewhere.
(5)If the court requires an offender to reside at a residential facility or the Authority directs an offender to reside at a residential facility, the offender must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility.
(6)If the court requires an offender to reside at a residential facility or the Authority directs an offender to reside at a residential facility, the offender must obey all instructions given by a supervision officer or a specified officer under section 183.
(7)If the court requires an offender to reside at a residential treatment facility, the offender must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility.
(8)If the court requires an offender to reside at a residential treatment facility, the offender must obey all instructions given by a supervision officer or a specified officer under section 183.
(9)The offender must not engage in any behaviour or conduct that threatens the safety of any person (including the offender).
(10)The offender must attend at any place directed by the Authority for the purpose of administering the conditions of the order.
(11)The offender must attend at any place directed by the Authority for the purpose of making assessments required by the court, the Secretary or the DPP for the purposes of this Act (including a personal examination by a medical expert for the purpose of providing the court with a report to assist the court in determining the need for or the form of any condition of the order).
(12)The offender must report to, and receive visits from, the Secretary or any person nominated by the Secretary for the purposes of this subsection.
(13)The offender must notify the Authority of any change of employment or new employment (whether paid or unpaid) at least 2 clear days before commencing the changed or new employment.
(14)The offender must not leave Victoria except with the permission of the Authority granted either generally or in relation to a particular case.
(15)The offender must comply with a direction given by the Authority under the emergency power in section 142.
(16)The offender must obey all instructions given by a community corrections officer or a specified officer under section 209.

32Intensive treatment and supervision condition
(1)The court may impose a condition on a supervision order requiring an offender to reside at a residential treatment facility if the court is satisfied that—
(a)the condition is necessary to reduce the risk of the offender committing a serious sex offence or a serious violence offence or both; and
(b)less restrictive means of managing the risk referred to in paragraph (a) have been tried or considered.

(2)Despite section 14(2)(b), in determining whether to impose an intensive treatment and supervision condition, the court may have regard to—
(a)the means of managing the offender's risk; and
(b)the likely impact of the supervision order on the offender.

(3)Before imposing a condition under subsection (1) the court must consider—
(a)a treatment and supervision plan filed by the Secretary; and
(b)any other matter the court considers appropriate.

Note
See section 274 for the preparation and content of a treatment and supervision plan.
(4)If the court imposes a condition under subsection (1), the court must also impose the following conditions on the supervision order—

(a)the offender must attend and participate in the treatment or rehabilitation programs or activities set out in the treatment and supervision plan;
(b)the offender must not leave the residential treatment facility other than—
(i)with the permission of the Authority; or
(ii)in accordance with the treatment and supervision plan in respect of the offender; or
(iii)in accordance with an instruction given by a supervision officer or a specified officer under section 183;

(c)if the offender leaves the residential treatment facility, the offender must, unless otherwise directed by the Authority—
(i)be accompanied by a community corrections officer or a person approved by the Commissioner; and
(ii)submit to electronic monitoring;

(d)the offender must submit to electronic monitoring within the residential treatment facility;
(e)the offender must comply with any direction given by the Authority relating to the electronic monitoring;
(f)the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the offender at the direction of the Authority;
(g)the offender must ensure that the electronic monitoring device fitted to the offender remains operational (including being charged) at all times;
(h)the offender must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring;
(i)the offender must accept any visit by the Secretary to the residential treatment facility, at any reasonable time and for any purpose, including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring.

(5)An intensive treatment and supervision condition remains in force for a period not exceeding 2 years specified by the court.

Note
Section 113 requires that an intensive treatment and supervision condition be reviewed by the court each year.
33Court must consider imposing conditions under sections 34 and 35
When making a supervision order, the court must consider imposing conditions referred to in sections 34 and 35.
34Other conditions relating to residence
(1)Subject to subsection (2) and section 36(3), the court may impose a condition on a supervision order in relation to any of the following—
(a)the place where the offender is to reside (including whether the offender is to reside at a residential facility);
(b)the times at which the offender must be present at the place of residence;

(c)the circumstances under which the offender may leave the place of residence.

Example
A condition that the offender must be at home between the hours of 7 a.m. and 10 a.m. Monday to Friday.
(2)A condition requiring an offender to reside

at a residential facility may be imposed on a supervision order only if a court referred to in section 8(1)(a) has imposed on the offender a custodial sentence for a serious sex offence.
(3)In considering whether to impose a condition requiring an offender to reside at a residential facility, the court must—
(a)consider whether or not the offender should reside at a residential facility; and
(b)be satisfied that no other suitable accommodation is available.

Note
See section 36(2), (3) and (4) as to conditions authorising the Authority to give directions relating to residence.
35Suggested conditions
(1)The court may impose a condition on a supervision order in relation to any of the following—
(a)the places or areas that the offender must not visit or may visit only at specified times;
(b)the treatment or rehabilitation programs or activities in which the offender must attend and participate;
(c)a requirement that the offender must not consume alcohol;
(d)a requirement that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;
(e)a requirement that the offender must submit, as required by the order, to breath testing, urinalysis or other test procedures (other than blood tests) approved by the Secretary or the Chief Commissioner of Police for detecting alcohol or drug use;
(f)the types of employment in which the offender must not engage;
(g)the types of behaviour or conduct that the offender must not engage in, if that behaviour or conduct—
(i)was preparatory to the offender's prior serious sex offence or serious violence offence; or
(ii)may increase the risk of the offender committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or
(iii)threatens the safety of any person;

(h)the community activities in which the offender must not engage;
(i)the persons or classes of persons with whom the offender must not have contact;
Examples
1 Persons under 18 years of age.
2 Victims of the offender and their families.
(j)the forms of monitoring (including electronic monitoring) of compliance with the supervision order to which the offender must submit;
(k)personal examinations by a medical expert which the offender must attend for the purpose of providing a report to the Authority to assist it in determining the need for, or form of, a direction it is permitted to give to the offender under the supervision order.

(2)If the court imposes a condition of a kind referred to in subsection (1)(j) requiring the offender to submit to electronic monitoring, the court must also impose the following conditions on the supervision order—
(a)the offender must comply with any direction given by the Authority relating to the electronic monitoring;
(b)the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the offender;
(c)the offender must ensure that the electronic monitoring device fitted to the offender remains operational (including being charged) at all times;
(d)the offender must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring;
(e)the offender must accept any visit by the Secretary to the place where the offender resides, at any reasonable time and for any purpose, including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring.

36Condition authorising Authority to give directions
(1)Subject to subsection (5), the court may impose a condition on a supervision order authorising the Authority to give directions to an offender in relation to the operation of any condition of a supervision order.
(2)Without limiting subsection (1), a condition imposed under that subsection may include—
(a)subject to subsection (3), a condition authorising the Authority to direct that an offender is to reside at a residential facility; or
(b)a condition prohibiting the Authority from giving a direction referred to in paragraph (a).

(3)A condition referred to in subsection (2)(a) may be imposed on a supervision order only if a court referred to in section 8(1)(a) has imposed on the offender a custodial sentence for a serious sex offence.
(4)If the court imposes a condition referred to in subsection (2)(a), the court may impose a condition authorising the Authority to give directions relating to any of the following—
(a)the times at which the offender must be at the residential facility;
(b)the circumstances under which the offender may leave the residential facility;
(c)the monitoring (including electronic monitoring) of the offender's compliance with a direction that the offender reside at the residential facility.

(5)The court may not authorise the Authority to direct that an offender reside at a residential treatment facility.
(6)Subsection (5) does not limit the court in otherwise imposing a condition authorising the Authority to give directions.

(7)It is a condition of a supervision order that the offender comply with any direction given under an authorisation referred to in this section.
Examples
1A condition requiring the offender to comply with the directions of the Authority in relation to appropriate Internet access.
2A condition requiring the offender to comply with the directions of the Authority in relation to drug or alcohol use.
3A condition requiring the offender to comply with the directions of the Authority in relation to computers and other devices (within the meaning of section 232) in the possession of or under the control of the offender for the purpose of auditing by a supervision officer, a specified officer or a police officer.
4A condition that the offender comply with all reasonable directions of the Authority in relation to the times at which the offender must be at the nominated place of residence in order to reduce any risk of contact with children.
5A direction that the offender remain at the nominated place of residence between the hours of 7 a.m. and 10 a.m., Monday to Friday, unless otherwise directed by the Authority.

Note
See Part 11 in relation to directions by the Authority.
36ACondition authorising Authority to give directions relating to place of residence
(1)This section applies if a court imposes the following conditions on a supervision order—
(a)a condition under section 34(1) in relation to the place where the offender is to reside;
(b)a condition under section 36(1) authorising the Authority to give directions to the offender in relation to that condition under section 34(1).

(2)Unless the court otherwise orders, the Authority may give directions relating to any of the following—
(a)whether another person may live with the offender;
(b)who the offender may live with;
(c)who may be at the offender's place of residence between the hours specified by the Authority.

37Condition as to firearms and weapons
(1)When making a supervision order, the court must consider imposing a condition referred to in subsection (2).
(2)The court may impose a condition on a supervision order that the offender must not contravene the Firearms Act 1996 or the Control of Weapons Act 1990.
38Discretion to impose any other condition
The court may impose any other condition on a supervision order that it considers appropriate, having regard to the purposes referred to in section 27.

Examples
1A condition prohibiting Internet access.
2A condition requiring the offender to undergo treatment, or rehabilitation, or programs relating to violent behavior, anger management, conflict resolution or the improvement of interpersonal relationships or interpersonal skills.
39Cancellation of firearms authority etc.
(1)Subject to subsection (2), in a supervision order, the court may—
(a)cancel an offender's firearms authority; or
(b)revoke—
(i)a weapons approval held by an offender; or
(ii)the application of a weapons exemption to an offender.

Notes
1 An offender who is subject to a supervision order is a prohibited person within the meaning of section 3(1) of the Firearms Act 1996.
2 Section 151(1) of the Firearms Act 1996 provides that a court may order the forfeiture to the Crown of any firearm, cartridge ammunition, silencer or prescribed item in the possession of or used or carried by a prohibited person within the meaning of section 3(1) of that Act.
(2)If a supervision order expires or is revoked or cancelled—
(a)any cancellation of a firearm's authority on the order ceases to have effect;
(b)any revocation of a weapons approval or application of a weapons exemption on the order ceases to have effect.

(3)If the court makes an order under subsection (1)—
(a)no appeal lies against the decision under the Firearms Act 1996 or the Control of Weapons Act 1990; and
(b)the offender may not apply for a declaration under section 189 of the Firearms Act 1996.

Division 4—Restrictive conditions and temporary conditions

40Application for declaration that condition is a restrictive condition
(1)On the making or renewal of a supervision order, or on a review of the order or a condition of the order, the Secretary may apply to the court referred to in section 12 for a declaration under section 41.
(1A)An application under subsection (1) may be made at the same time as an application for the making or renewal of a supervision order or on a review of the order or a condition of the order.
(2)An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any.

(k)section 27 (extortion with threat to kill);
(l)section 28 (extortion with threat to destroy property etc.);
(m)section 29 (using firearm to resist arrest etc.);
(n)section 30 (threatening injury to prevent arrest);
(o)section 31 (assaults);
(p)section 31A (use of firearms in the commission of offences);
(q)section 31B (being armed with criminal intent);
(r)section 32 (performing female genital mutilation);
(s)section 33 (taking person from Victoria with intention of having prohibited female genital mutilation performed);
(sa)section 53S (distributing intimate image);

(sb)section 53T (threat to distribute intimate image);
(t)section 75 (robbery);
(u)section 75A (armed robbery);
(v)section 76 (burglary);
(w)section 77 (aggravated burglary);
(x)section 77A (home invasion);
(y)section 77B (aggravated home invasion);
(z)section 79 (carjacking);
(za)section 79A (aggravated carjacking);
(zb)section 195H (affray);
(zc)section 195I (violent disorder);
(zd)section 197 (destroying or damaging property);
(ze)section 198 (threats to destroy or damage property);
(zf)section 199 (possessing any thing with intent to destroy or damage property);
(zg)section 317 (offences connected with explosive substances);
(zh)section 317A (bomb hoaxes);
(zi)section 318(1) (culpable driving causing death).

2An offence at common law of false imprisonment.
3An offence at common law of affray, riot or common assault.
4An offence against any of the following sections of the Family Violence Protection Act 2008—
(a)section 37 (contravention of family violence safety notice);
(b)section 37A (contravention of family violence safety notice intending to cause harm or fear for safety);
(c)section 123 (contravention of family violence intervention order);
(d)section 123A (contravention of family violence intervention order intending to cause harm or fear for safety);
(e)section 125A (persistent contravention of family violence safety notice or family violence intervention order).
* * * * *

7An offence against section 100 (contravention of personal safety intervention order) of the Personal Safety Intervention Orders Act 2010.
8An offence that, at the time it was committed, was an offence referred to in this Schedule.
9An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in this Schedule.
10An offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute an offence of a kind referred to in this Schedule.

SCHEDULE 4—SAVINGS AND TRANSITIONAL PROVISIONS

1Definitions
In this Schedule—
commencement day means the day on which section 350 comes into operation;
superseded Act means the Serious Sex Offenders (Detention and Supervision) Act 2009 as in force immediately before its repeal.

2General transitional provisions
(1)Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
(2)This Schedule applies despite anything to the contrary in any other provision of this Act.
3Eligible offender
Subject to clause 4, section 8 applies irrespective of whether a supervision order, an interim supervision order, a detention order or an interim detention order was made under this Act or the superseded Act.
4Orders made under superseded Act
(1)A supervision order, a detention order or an interim order that was made by a court under the superseded Act and is in force immediately before the commencement day continues in force under the superseded Act until the first of the following to occur—
(a)the end of the period of operation of the order;
(b)on the revocation of the order by a court under this Act;
(c)on the commencement of another order under this Act that replaces the order;
(d)on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth;
(e)on the death of the offender.

(2)Subject to subclauses (3), (4) and (5) and clause 4A, the superseded Act and regulations made under that Act continue to apply to an order referred to in subclause (1).
(3)On and from the commencement day, a supervision order or an interim supervision order referred to in subclause (1) is subject to the core conditions set out in section 31 of this Act.
(4)An application for review of an order referred to in subclause (1) or an application for the renewal of an order referred to in subclause (1) is to be made under this Act, including an application for renewal or review of an order made by a court under the superseded Act in respect of an offender who is not an eligible offender under this Act.
(5)An application referred to in subclause (4) is to be determined under this Act, including an application made in respect of an offender who is not an eligible offender under this Act.
(6)On an application for review or renewal of a supervision order, a detention order or an interim order referred to in subclause (1), if the court decides to confirm the order, or renew the order, as the case requires, the court must make a supervision order, a detention order, an interim supervision order or an interim detention order in respect of the offender.

4AReferences to particular courts
(1)This clause applies to an offender who is subject to an order referred to in subclause 4(1), and who was sentenced to a custodial sentence for a serious sex offence by a court other than the Supreme Court or the County Court, for the purposes of—
(a)determining an application for review or renewal of the order; or
(b)determining or dealing with matters relating to a supervision order, detention order, interim supervision order or interim detention order under this Act in respect of the offender, whether made as a result of an application for review or renewal of the order, or subsequently.

(2)References in sections 14(1)(a), 34(2), 36(3), 63(1)(a), 64(1)(a) and 142(3) of this Act to a court referred to in section 8(1)(a) that imposed a custodial sentence in respect of the offender are taken to be references to any court.
(3)Section 12 of this Act is taken to require an application in respect of the offender under Part 3 of this Act to be made to the County Court, unless the context otherwise requires.
5Applications commenced under superseded Act that have not been determined
(1)Subject to subclause (2), the superseded Act and regulations made under that Act continue to apply to any of the following applications that were made under the superseded Act but not determined before the commencement day—
(a)an application for a supervision order, a detention order or an interim order;
(b)an application for the renewal or extension of an order referred to in paragraph (a);
(c)an application for the review of an order or a condition of an order referred to in paragraph (a).

(2)An order made on an application referred to in subclause (1), or on appeal in respect of such an application, is to be made under this Act.
6Appeals
(1)Subject to subclause (2), the superseded Act and regulations made under that Act continue to apply to an appeal made under Part 7 of the superseded Act but not determined before the commencement day.
(2)An order made on an appeal referred to in subclause (1) is to be made under this Act.
7Appeals—remitted matters
A matter remitted by the Court of Appeal under section 101 of the superseded Act on or after the commencement day must be treated by the court to which it is remitted as if it were an application under this Act.
8Victim submissions
A victim submission made under the superseded Act is taken to be a victim submission made under section 134.
9Warrants
On and from the commencement day, a warrant that has been validly issued in accordance with a provision of the superseded Act but has not been executed is taken to have been issued in accordance with the corresponding provision of this Act.

10Directions and instructions
A direction or instruction given by the Authority under the superseded Act that is in force immediately before the commencement day is taken to be a direction given under Part 11.
11Holding power if imminent risk of contravention of order
(1)An offender in detention under Division 3 of Part 11 of the superseded Act on the commencement day is taken to be in detention under Division 1 of Part 12 of this Act.
(2)For the purposes of section 159 of this Act, detention is taken to have commenced when the offender was detained under the superseded Act.
12Proceeding for contravention offence
(1)This Act applies to a criminal proceeding for an offence against section 169 commenced on or after the commencement day, irrespective of when the offence is alleged to have been committed.
(2)Subject to this Schedule, the superseded Act continues to apply to a criminal proceeding commenced under section 172 of that Act before the commencement day, for an offence against section 160 of that Act, as if that Act had not been repealed.
(3)Division 3 of Part 12 of this Act applies to a failure to comply with a condition of an order continued in force by clause 4 as if the failure to comply were a contravention of a condition of an order referred to in section 169 of this Act.
13Appointment of residential facility
An appointment of a residential facility under section 133 of the superseded Act is taken to be an appointment under section 178 of this Act and may be amended or revoked as if it were an appointment under section 178.
14Approval of drug and alcohol test procedures
An approval of test procedures under section 157 of the superseded Act is taken to be an approval under section 214 of this Act and may be amended or revoked as if it were an approval under section 214.
15Change of name
(1)A change of name application under Part 12 of the superseded Act that has not been approved before the commencement day lapses.
(2)On and from the commencement day an offender who is subject to a supervision order or an interim supervision order under the superseded Act may make an application under Part 17 as if the offender were subject to a supervision order or an interim supervision order under this Act.
16Membership of Authority
(1)A member of the Authority holding office immediately before the commencement day continues to hold office after that commencement on the same terms and conditions and for the remainder of the term specified in the instrument of appointment of the member.
(2)Despite subclause (1), if immediately before the commencement day a person holds an acting appointment under section 192H of the superseded Act, the person continues on and from the commencement day to hold that office on an acting basis until the expiry of the acting appointment.

17Notices to produce or attend
On and from the commencement day, a notice to produce or a notice to attend served under Part 13A of the superseded Act is taken to be a notice to produce or a notice to attend, as the case requires, served under Division 2 of Part 20 of this Act.
18Responsible agencies and coordinated services plans
(1)On and from the commencement day, a panel established under section 192ZH of the superseded Act is taken to be a panel under section 330 of this Act.
(2)A coordinated services plan agreed under Part 13B of the superseded Act that is in effect immediately before the commencement day is taken, on and from the commencement day, to be a coordinated services plan under Part 21 of this Act.
19Corrections Act 1986—new section 130 inserted
At the end of Part 11 of the Corrections Act 1986 insert—
"130 Transitional provisions—Serious Offenders Act 2018
(1)Despite the amendment of the definition of sexual offence in section 3(1) by section 355 of the Serious Offenders Act 2018—
(a)the definitions of sexual offence in section 3(1) and the references to that definition in section 74AAB(2), (3), (5) and (7), as in force immediately before the commencement day, continue to apply to—
(i)prisoners who, on the commencement day, are serving a sentence of imprisonment in respect of an offence referred to in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009; and
(ii)prisoners who, on the commencement day, are on parole after having been released under section 74, in accordance with the requirements of section 74AAB, in respect of an offence referred to in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009.
(b)the definitions of sexual offence in section 3(1) and the references to that definition in section 77(3) and (6), as in force immediately before the commencement day, continue to apply, as the case requires, to prisoners who, on the commencement day, are on parole after having been released under section 74, in accordance with the requirements of section 74AAB, in respect of an offence referred to in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009.

(2)Despite the amendment of this Act by section 355 of the Serious Offenders Act 2018—
(a)a person who, before the commencement day, would have been a person who was a victim within the meaning of section 30A(1) is taken to be a victim within the meaning of section 30A(1); and
(b)a person who was included on the victims register under section 30C immediately before the commencement day remains on the victims register, on and from the commencement day, as if the person was a victim within the meaning of section 30A(1).

(3)In this section—
commencement day means the day on which section 355 of the Serious Offenders Act 2018 comes into operation.".

20Disability Act 2006—new Division 3 inserted in Part 10
After section 234 of the Disability Act 2006 insert—
"Division 3—Transitional provisions—Serious Offenders Act 2018
235Saving of orders continued in effect after commencement by Serious Offenders Act 2018
(1)Despite the amendment of section 152(2)(f) by section 358 of the Serious Offenders Act2018, section 152(2)(f) has effect, on and after the commencement day, as if a reference in that section to a supervision order or an interim supervision order within the meaning of the Serious Offenders Act 2018 included a reference to a to a supervision order or an interim supervision order that is continued in force by subclause 4(1) of Schedule 4 to the Serious Offenders Act 2018.

(2)In this section—
commencement day means the day on which section 358 of the Serious Offenders Act 2018 comes into operation.".

21Sentencing Act 1991—new Schedule 3A inserted
After Schedule 3 to the Sentencing Act 2006 insert—
"Schedule 3A—Transitional provisions—Serious Offenders Act 2018
1Saving of orders continued in effect after commencement by Serious Offenders Act 2018
(1)Despite the amendment of section 10AB by section 364 of the Serious Offenders Act 2018, section 10AB has effect, on and after the commencement day, as if a reference in that section to a supervision order or an interim supervision order within the meaning of the Serious Offenders Act 2018 included a reference to a to a supervision order or an interim supervision order that is continued in force by subclause 4(1) of Schedule 4 to the Serious Offenders Act 2018.
(2)In this clause—
commencement day means the day on which section 364 of the Serious Offenders Act 2018 comes into operation.".

22Sex Offenders Registration Act 2004—new section 73J inserted
After section 73I of the Sex Offenders Registration Act 2004 insert—
"73J Saving of orders continued in effect after commencement by Serious Offenders Act 2018
(1)Despite the amendment of section 61C(3)(b) and section 70J by section 365 of the Serious Offenders Act 2018, sections 61C(3)(b) and 70J have effect, on and after the commencement day, as if a reference in those sections to a supervision order, detention order or an interim order within the meaning of the Serious Offenders Act 2018 included a reference to a supervision order, detention order or interim order that is continued in force by subclause 4(1) of Schedule 4 to the Serious Offenders Act 2018.
(2)In this section—
commencement day means the day on which section 365 of the Serious Offenders Act 2018 comes into operation.".

23Surveillance Devices Act 1999—new section inserted
After section 44 of the Surveillance Devices Act 1999 insert—
"44A Transtional provisions—Serious Offenders Act 2018
(1)Despite the amendment of section 8(2)(aa) by 366 of the Serious Offenders Act 2018, section 8(2)(aa) has effect, on and after the commencement day, as if a reference in that section to an order made under the Serious Offenders Act 2018 included a reference to a supervision order, detention order or interim order that is continued in force by subclause 4(1) of Schedule 4 to the Serious Offenders Act 2018.

(2)In this section—
commencement day means the day on which section 366 of the Serious Offenders Act 2018 comes into operation.

24Wrongs Act 1958—new section 94 inserted
After section 93 of the Wrongs Act 1958 insert—
"PART XIV—TRANSITIONAL PROVISION
94Saving of orders continued in effect after commencement by Serious Offenders Act 2018
(1)Despite the amendment of section 28LAE(1) by section 370 of the Serious Offenders Act 2018, section 28LAE(1)(a)(iv) has effect, on and after the commencement day, as if a reference in that section to a detention order or interim detention order within the meaning of the Serious Offenders Act 2018 included a reference to a detention order or an interim detention order that is continued in force by subclause 4(1) of Schedule 4 to the Serious Offenders Act 2018.
(2)In this section—
commencement day means the day on which section 370 of the Serious Offenders Act 2018 comes into operation.".

25Transitional regulations
(1)The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.
(2)Regulations under this clause have effect despite anything to the contrary in this Act (other than this Schedule).

═════════════

ENDNOTES

1 General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 9 May 2018

Legislative Council: 24 May 2018

The long title for the Bill for this Act was "A Bill for an Act to provide for enhanced protection of the community by requiring offenders who have served custodial sentences for certain serious sex offences or certain serious violence offences and who present an unacceptable risk of harm to the community to be subject to ongoing detention or supervision, to repeal the Serious Sex Offenders (Detention and Supervision) Act 2009, to consequentially amend other Acts and for other purposes."

The Serious Offenders Act 2018 was assented to on 26 June 2018 and came into operation on 3 September 2018: Special Gazette (No. 356) 31 July 2018 page 1.

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Serious Offenders Act 2018 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Serious Offenders Act 2018, No. 27/2018

Assent Date: 26.6.18

Commencement Date: S. 372 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1

Note: S. 372 repealed Pt 24 (ss 352–372) on 25.3.20

Current State: This information relates only to the provision/s amending Serious Offenders Act 2018

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date: 25.6.19

Commencement Date: S. 270 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

Births, Deaths and Marriages Registration Amendment Act 2019, No. 25/2019

Assent Date: 3.9.19

Commencement Date: Ss 31–34 on 1.5.20: s. 2(2)

Current State: This information relates only to the provision/s amending Serious Offenders Act 2018

Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019, No. 45/2019

Assent Date: 19.11.19

Commencement Date: Ss 3−18 on 20.11.19: s. 2(1)

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020

Assent Date: 10.6.20

Commencement Date: S. 26 on 1.7.20: s. 2(2)

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

Sentencing Amendment (Emergency Worker Harm) Act 2020, No. 23/2020

Assent Date: 30.6.20

Commencement Date: S. 19 on 1.7.20: s. 2(1)

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

Worker Screening Act 2020, No. 34/2020

Assent Date: 4.11.20

Commencement Date: S. 239 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020

Assent Date: 8.12.20

Commencement Date: S. 39 on 26.4.21: s. 2(2)

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date: 23.3.21

Commencement Date: S. 200 on 26.4.21: s. 2(2)

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

Sex Work Decriminalisation Act 2022, No. 7/2022

Assent Date: 1.3.22

Commencement Date: S. 79 on 1.12.23: s. 2(3)

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022

Assent Date: 6.9.22

Commencement Date: S. 35 on 30.7.23: s. 2(5)

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

Mental Health and Wellbeing Act 2022, No. 39/2022 (as amended by No. 20/2023)

Assent Date: 6.9.22

Commencement Date: Ss 865−869 on 1.9.23: s. 2(2)

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date: 10.9.24

Commencement Date: S. 113(Sch. 1 item 31) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

Corrections Legislation Amendment Act 2025, No. 28/2025

Assent Date: 19.8.25

Commencement Date: Ss 3–9, 14–22 on 20.8.25: s. 2(1); ss 10–13 on 11.9.25: Special Gazette (No. 488) 9.9.25 p. 1

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

Statute Law Revision Act 2025, No. 41/2025

Assent Date: 21.10.25

Commencement Date: S. 3(Sch. 1 item 26) on 22.10.25: s. 2

Current State: This information relates only to the provision/s amending the Serious Offenders Act 2018

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

Assent Date:	26.6.18
Commencement Date:	S. 372 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1
Note:	S. 372 repealed Pt 24 (ss 352–372) on 25.3.20
Current State:	This information relates only to the provision/s amending Serious Offenders Act 2018

Assent Date:	25.6.19
Commencement Date:	S. 270 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1
Current State:	This information relates only to the provision/s amending the Serious Offenders Act 2018

Assent Date:	3.9.19
Commencement Date:	Ss 31–34 on 1.5.20: s. 2(2)
Current State:	This information relates only to the provision/s amending Serious Offenders Act 2018

Assent Date:	19.11.19
Commencement Date:	Ss 3−18 on 20.11.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Serious Offenders Act 2018

Assent Date:	10.6.20
Commencement Date:	S. 26 on 1.7.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Serious Offenders Act 2018

Assent Date:	30.6.20
Commencement Date:	S. 19 on 1.7.20: s. 2(1)
Current State:	This information relates only to the provision/s amending the Serious Offenders Act 2018

Assent Date:	4.11.20
Commencement Date:	S. 239 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Serious Offenders Act 2018

Assent Date:	8.12.20
Commencement Date:	S. 39 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Serious Offenders Act 2018

Assent Date:	23.3.21
Commencement Date:	S. 200 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Serious Offenders Act 2018

Assent Date:	1.3.22
Commencement Date:	S. 79 on 1.12.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Serious Offenders Act 2018

Assent Date:	6.9.22
Commencement Date:	S. 35 on 30.7.23: s. 2(5)
Current State:	This information relates only to the provision/s amending the Serious Offenders Act 2018

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 31) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Serious Offenders Act 2018

Assent Date:	19.8.25
Commencement Date:	Ss 3–9, 14–22 on 20.8.25: s. 2(1); ss 10–13 on 11.9.25: Special Gazette (No. 488) 9.9.25 p. 1
Current State:	This information relates only to the provision/s amending the Serious Offenders Act 2018

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 26) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Serious Offenders Act 2018