Serious Offenders Regulations 2018 (Vic)

Version No. 002

Serious Offenders Regulations 2018

S.R. No. 115/2018

Version incorporating amendments as at

30 September 2025

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provisions

3Commencement

4Definitions

Part 2—Notices, forms and information

4APrescribed authorised person or body for information sharing

5Notice about an application for a supervision order

6Notice about an application to renew a supervision order

7Notice about an application to declare that a condition is a restrictive condition

8Notice about an application to extend intensive treatment and supervision condition

9Notice about an application for an interim supervision order

10Notice about an application to extend an interim supervision order

11Notice about an application for a detention order

12Notice about an application to renew a detention order

13Notice about an application for an interim detention order

14Notice about an application to extend an interim detention order

15Notice about an application for an emergency detention order

16Statement of offender's rights in relation to an emergency detention order

17Notice about an application to review an order or conditions

18Notice about offender's rights relating to an appeal of an order or conditions

19Information to be given about offender's rights and responsibilities when holding power exercised

20Prescribed persons allowed to operate remotely piloted aircraft or helicopter

21Prescribed information for receipt for seized things

22Retrieval notice for return of things seized

24Notice to produce to or attend the Post Sentence Authority

25Notice to direct a person in custody to attend the Post Sentence Authority

Part 3—Transitional matters under the Act

26Emergency detention orders

27Authority may give directions or instructions to offenders on supervision orders or interim supervision orders

28Delegations made under Serious Sex Offenders (Detention and Supervision) Act 2009

29Reports and plans

30Removal of electronic monitoring devices and equipment

Form 1—Notice to offender about application for a supervision order

Form 2—Notice to offender about application to renew a supervision order

Form 3—Notice to offender about application for declaration of restrictive conditions

Form 4—Notice to extend intensive treatment and supervision condition

Form 5—Notice to offender about application for an interim supervision order

Form 6—Notice to offender about application to extend an interim supervision order

Form 7—Notice to offender about application for a detention order

Form 8—Notice to offender about application to renew a detention order

Form 9—Notice to offender about application for an interim detention order

Form 10—Notice to offender about application to extend an interim detention order

Form 11—Notice to offender about application for an emergency detention order

Form 12—Notice to offender about emergency detention order

Form 13—Notice to offender about application to review order or conditions

Form 14—Notice about offender's rights of appeal relating to an order

Form 15—Notice to be given about offender's rights and responsibilities when holding power exercised

Form 16—Retrieval notice for things seized

Form 17—Notice to produce documents or things to, or attend at, the Post Sentence Authority

Form 18—Direction in relation to a notice to attend issued to person in custody

═════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 002

Serious Offenders Regulations 2018

S.R. No. 115/2018

Version incorporating amendments as at

30 September 2025

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are to prescribe—

(a)forms for the purposes of the Serious Offenders Act 2018; and

(b)matters in relation to the seizure of things under the Serious Offenders Act 2018; and

(c)any other matter required or necessary under the Serious Offenders Act 2018.

2Authorising provisions

These Regulations are made under section 349 of, and clause 25 of Schedule 4 to, the Serious Offenders Act 2018.

3Commencement

These Regulations come into operation on 3 September 2018.

4Definitions

In these Regulations—

*  *  *  *  *

the Act means the Serious Offenders Act 2018.

PART 2—NOTICES, FORMS AND INFORMATION

4APrescribed authorised person or body for information sharing

For the purposes of paragraph (zn) of the definition of authorised person in section 3 of the Act—

(a)the Agency within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth is a prescribed body; and

(b)any person or body that delivers services or advice in relation to the National Disability Insurance Scheme within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth is a prescribed person or body (as the case requires).

5Notice about an application for a supervision order

For the purpose of section 13(3)(c) of the Act, the prescribed form of notice of an application for a supervision order under Part 3 of the Act is set out in Form 1.

6Notice about an application to renew a supervision order

For the purpose of section 22(3)(c) of the Act, the prescribed form of notice for an application to renew a supervision order under Part 3 of the Act is set out in Form 2.

7Notice about an application to declare that a condition is a restrictive condition

For the purpose of section 40(3)(b) of the Act, the prescribed form of notice for an application to declare that a condition is a restrictive condition under Part 3 of the Act is set out in Form 3.

8Notice about an application to extend intensive treatment and supervision condition

For the purpose of section 43(3)(c) of the Act, the prescribed form of notice for an application to extend an intensive treatment and supervision condition under Part 3 of the Act is set out in Form 4.

9Notice about an application for an interim supervision order

For the purpose of section 46(3)(b) of the Act, the prescribed form of notice for an application for an interim supervision order under Part 4 of the Act is set out in Form 5.

10Notice about an application to extend an interim supervision order

For the purpose of section 57(3)(b) of the Act, the prescribed form of notice for an application to extend an interim supervision order under Part 4 of the Act is set out in Form 6.

11Notice about an application for a detention order

For the purpose of section 61(3)(c) of the Act, the prescribed form of notice for an application for a detention order under Part 5 of the Act is set out in Form 7.

12Notice about an application to renew a detention order

For the purpose of section 71(3)(c) of the Act, the prescribed form of notice for an application to renew a detention order under Part 5 of the Act is set out in Form 8.

13Notice about an application for an interim detention order

For the purpose of section 75(3)(b) of the Act, the prescribed form of notice for an application for an interim detention order under Part 6 of the Act is set out in Form 9.

14Notice about an application to extend an interim detention order

For the purpose of section 83(3)(b) of the Act, the prescribed form of notice for an application to extend an interim detention order under Part 6 of the Act is set out in Form 10.

15Notice about an application for an emergency detention order

For the purpose of section 87(3)(c) of the Act, the prescribed form of notice for an application for an emergency detention order under Part 7 of the Act is set out in Form 11.

16Statement of offender's rights in relation to an emergency detention order

For the purpose of section 91(1)(c) of the Act, the prescribed form of statement of an offender's rights in relation to an emergency detention order made under Part 7 of the Act is set out in Form 12.

17Notice about an application to review an order or conditions

For the purpose of section 97(2)(c) of the Act, the prescribed form of notice for an application to review an order or conditions under Part 8 of the Act is set out in Form 13.

18Notice about offender's rights relating to an appeal of an order or conditions

For the purpose of section 118(4) of the Act, the prescribed form of notice with respect to an appeal of an order or conditions under Part 9 of the Act is set out in Form 14.

19Information to be given about offender's rights and responsibilities when holding power exercised

For the purpose of section 158(1)(b) of the Act, the prescribed information about an offender's rights and responsibilities under Division 1 of Part 12 of the Act is the information set out in Form 15.

20Prescribed persons allowed to operate remotely piloted aircraft or helicopter

For the purposes of section 190(3)(a) of the Act, a prescribed person is a person—

(a)employed by the Department of Justice and Community Safety in Corrections Victoria; and

(b)acting in the course of the person's employment.

21Prescribed information for receipt for seized things

(1)For the purposes of section 240(2)(a) of the Act, the prescribed information is—

(a)the time, date and place of the seizure; and

(b)the name of the police officer, community corrections officer, supervision officer or specified officer (as the case requires) who—

(i)seized the thing; or

(ii)is responsible for recording the details of the seized thing; and

(c)a description of the seized thing; and

(d)the name of the person from whom the thing was seized; and

(e)if the person from whom the thing was seized is not the owner of the thing, the name and address of the owner of the thing (if known); and

(f)information regarding the person's right under section 244 of the Act to apply to the Magistrates' Court for the return of the seized thing.

(2)The information specified in subregulation (1) may be contained in one or more receipts.

(3)Subject to subregulations (4) and (5), for the purposes of section 240(2)(b) of the Act, a receipt must be signed by—

(a)the person from whom the thing was seized; and

(b)the police officer, community corrections officer, supervision officer or specified officer (as the case requires) who—

(i)seized the thing; or

(ii)is responsible for recording the details of the seized thing.

(4)If the person from whom the thing was seized refuses to sign a receipt, a receipt may be signed by—

(a)a police officer, a community corrections officer, a supervision officer or a specified officer who is present at the time of the seizure, other than the police officer, the community corrections officer, the supervision officer or the specified officer who has signed the receipt in accordance with subregulation (3)(b); or

(b)any other adult not referred to in paragraph (a) who is present at the time of the seizure.

(5)The signature by the officer present at the time of the seizure is sufficient for the purposes of subregulation (3) if—

(a)the person from whom the thing was seized refuses to sign a receipt; and

(b)there is only one police officer, community corrections officer, supervision officer or specified officer present at the time of the seizure; and

(c)there is no other adult present at the time of the seizure.

22Retrieval notice for return of things seized

For the purposes of section 243(3) of the Act—

(a)the prescribed information is the information set out in Form 16; and

(b)a retrieval notice may be given by—

(i)being personally served on the offender or owner of the seized thing (as the case requires); or

(ii)being posted by ordinary or registered post to the last known address of the offender or owner of the seized thing (as the case requires); or

(iii)if the offender or owner of the seized thing (as the case requires) has consented to receiving information by email, being sent to the email address designated by the offender or owner of the seized thing for receiving information.

*  *  *  *  *

24Notice to produce to or attend the Post Sentence Authority

For the purposes of section 303(2)(a) of the Act, the prescribed form of notice to produce to or attend at the Post Sentence Authority is set out in Form 17.

25Notice to direct a person in custody to attend the Post Sentence Authority

For the purpose of section 310(2) of the Act, the prescribed form of direction is set out in Form 18.

PART 3—TRANSITIONAL MATTERS UNDER THE ACT

26Emergency detention orders

(1)The Secretary may apply to the Supreme Court for an emergency detention order in respect of an offender who is subject to a supervision order or an interim order referred to in clause 4(1) of Schedule 4 to the Act—

(a)as if the supervision order or interim order were a supervision order or interim supervision order made under the Act; and

(b)as if a reference in Part 7 of the Act to a supervision order or an interim supervision order were a reference to that supervision order or interim order.

(2)The Supreme Court may make an emergency detention order in respect of an offender who is subject to a supervision order or an interim order referred to in clause 4(1) of Schedule 4 to the Act—

(a)as if the supervision order or interim order were a supervision order or interim supervision order made under the Act; and

(b)as if a reference in Part 7 of the Act to a supervision order or an interim supervision order were a reference to that supervision order or interim order.

27Authority may give directions or instructions to offenders on supervision orders or interim supervision orders

Sections 139 and 140 of the Act apply to an offender who is subject to an order referred to in clause 4(3) of Schedule 4 to the Act, insofar as those sections relate to the core conditions imposed on the order under section 31 of the Act in accordance with clause 4(3) of Schedule 4 to the Act.

28Delegations made under Serious Sex Offenders (Detention and Supervision) Act 2009

(1)Unless the context otherwise requires, a delegation by the Secretary within the meaning of section 3 of the Serious Sex Offenders (Detention and Supervision) Act 2009 under section 196 of that Act as in force immediately before the repeal of that Act is taken, on and from the commencement of the Act, to be a delegation by the Secretary under section 345 of the Act, until the delegation is subsequently amended, varied or revoked under the Act.

(2)Unless the context otherwise requires, a delegation by the Commissioner within the meaning of section 3 of the Serious Sex Offenders (Detention and Supervision) Act 2009 under section 197 of that Act as in force immediately before the repeal of that Act is taken, on and from the commencement of the Act, to be a delegation by the Commissioner under section 346 of the Act, until the delegation is subsequently amended, varied or revoked under the Act.

29Reports and plans

Part 18 of the Act applies to an offender who is subject to an order referred to in clause 4(3) of Schedule 4 to the Act, insofar as Part 18 relates to the core conditions imposed on the order under section 31 of the Act in accordance with clause 4(3) of Schedule 4 to the Act.

30Removal of electronic monitoring devices and equipment

Part 15 of the Act applies to an offender who is subject to an order referred to in clause 4(3) of Schedule 4 to the Act to the extent that it is not inconsistent with—

(a)any condition on the order; and

(b)clause 4(2) of Schedule 4 to the Act.

FORM 1—NOTICE TO OFFENDER ABOUT APPLICATION FOR A SUPERVISION ORDER

Regulation 5

NOTICE TO OFFENDER ABOUT APPLICATION FOR A SUPERVISION ORDER

GENERAL INFORMATION

To—[Name of offender]

This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has applied to the *Supreme Court/*County Court to make you subject to a supervision order under the Serious Offenders Act 2018.

This notice provides information about—

·your rights in relation to the application, including rights of appeal; and

·the procedure for hearing and determining the application; and

·the nature of supervision orders.

If you have any questions about this information or your rights you should seek legal advice.

REASON FOR APPLICATION FOR A SUPERVISION ORDER

The Secretary has applied to the *Supreme Court/*County Court for a supervision order because—

·you have committed *a serious sex offence/*a serious violence offence; and

·you have been sentenced to imprisonment for the *offence/*offences; and

·at least one medical expert has assessed you and formed an opinion about any risk that you will commit another serious sex offence, or serious violence offence, or both, if you are released in the community and are not subject to an order; and

·the Secretary has formed the view that an application for a supervision order should be made.

A copy of the following assessment *report/*reports *is/*are included with this notice—

[Insert name(s) of report maker(s) and date(s) of report]

PURPOSES OF A SUPERVISION ORDER

The purposes of a supervision order are—

·to provide enhanced protection to the community, by requiring offenders who have served custodial sentences for a serious sex offence, or a serious violence offence, or both, and who present an unacceptable risk of harm to the community, to be subject to ongoing supervision; and

·to facilitate the treatment and rehabilitation of these offenders.

EFFECT OF A SUPERVISION ORDER

A person subject to a supervision order does not live in prison or a police gaol. The person may be ordered to reside at a particular place, including in a residential facility or in a residential treatment facility.

A supervision order is not punishment for committing any offence.

If you are subject to a supervision order you must comply with the conditions set out in the order (see below) and you may also be required to comply with directions given to you by the Post Sentence Authority.

PERIOD AND DURATION OF A SUPERVISION ORDER

A supervision order starts either—

·when a person's custodial sentence, or any consecutive or concurrent custodial sentence, finishes; or

·if the custodial sentence has already finished, on a date that the court will set.

The court will decide the duration of the order. The maximum duration of an order is 15 years, however a supervision order—

·generally must be reviewed at least every 3 years; and

·can, on an application for leave to the court, be reviewed at any time where there are new facts and circumstances that would justify a review, or it is in the interests of justice to do so; and

·can be repeatedly renewed by a court, if you continue to pose an unacceptable risk.

CONDITIONS OF A SUPERVISION ORDER

Core conditions of an order

If you are subject to a supervision order, then in addition to other matters, the order will specify that you must—

·not commit a serious sex offence, or a serious violence offence, in Victoria, or elsewhere; and

·not commit an offence listed in Schedule 3 to the Serious Offenders Act 2018 in Victoria, or elsewhere; and

·if residing at a residential facility or a residential treatment facility, 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; and

·not engage in conduct that threatens the safety of any person, including yourself; and

·attend at any place as directed by the Post Sentence Authority for the purpose of administering the conditions of the order; and

·attend at any place directed by the Post Sentence Authority for the purpose of making assessments (including a personal examination by a medical expert) required by the court, the Secretary or the DPP; and

·report to and receive visits from the Secretary, or any person nominated by the Secretary; and

·notify the Post Sentence Authority of any change of employment or new employment (paid or unpaid) at least 2 clear days before the change; and

·not leave Victoria without the Post Sentence Authority's permission; and

·if residing at a residential facility or a residential treatment facility, obey all reasonable instructions given by a supervision officer or a specified officer that are necessary to ensure the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility; and

·comply with directions given by the Post Sentence Authority in the exercise of its emergency powers. These powers allow the Authority to manage you differently from the way the court has ordered where it is not practicable to apply to the court for a variation of the conditions of the supervision order if there is an imminent risk of harm to you or to the community, or if the accommodation specified by the court becomes unavailable; and

·obey all reasonable instructions given by a community corrections officer or a specified officer that are necessary to ensure your safety and welfare or the safety and welfare of any other persons, your compliance with any conditions of your order, your compliance with any rehabilitation or treatment plan or your compliance with any directions given to you by the Post Sentence Authority.

Possible other conditions of supervision order

If the court imposes a supervision order on you, then in addition to the above core conditions of the order, the court must consider whether it is appropriate to impose any of the following suggested conditions—

·where you may reside in the community (including whether you should reside at a residential facility);

·the times when you must be home;

·the conditions under which you may leave your place of residence;

·the places or areas that you must not visit or may only visit at specified times;

·the treatment or rehabilitation programs or activities that you must attend and participate in;

·the types of employment in which you must not engage;

·requiring you to not consume alcohol;

·requiring you to not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;

·requiring you to submit 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;

·the types of behaviour that you must not engage in, where that behaviour was preparatory to your prior offending or may increase your risk of committing a serious sex offence, or a serious violence offence, or both, or an offence referred to in Schedule 3 to the Serious Offenders Act 2018, or conduct that threatens the safety of other persons;

·the community activities in which you must not engage;

·the persons or classes of persons with whom you must not have contact;

·the forms of monitoring (including electronic monitoring) of compliance with the supervision order, to which you must submit;

·the personal examinations by a medical expert which you must attend for the medical expert to prepare a report for the Post Sentence Authority to assist it to make directions under the order.

The court may also impose any of the following conditions—

·that the Post Sentence Authority is authorised to give you directions in relation to the operation of any condition of your supervision order;

·that you must not commit an offence against the Firearms Act 1996 or the Control of Weapons Act 1990;

·the cancellation of any firearms authority or revocation of any weapons approval held by you under those Acts.

The court may also impose any other discretionary conditions it considers appropriate—

·to promote your rehabilitation and treatment; or

·to reduce your risk of re-offending whether by committing a serious sex offence, or a serious violence offence, or both, or an offence listed in Schedule 3 to the Serious Offenders Act 2018; or

·to address behaviours that may increase your risk of re-offending including engaging in any behaviour or conduct that threatens the safety of any person, including you; or

·to promote your rehabilitation and treatment; or

·to provide for the reasonable concerns of your victims in relation to their safety and welfare.

*Intensive treatment and supervision condition

If the court imposes a supervision order on you, and your risk cannot be managed while you are residing in the community, the court may impose an intensive treatment and supervision condition requiring you to reside at a residential treatment facility.

A residential treatment facility is a secure facility and you will not be able to enter and leave the facility at any time other than in accordance with the conditions of your order or the permission of the Post Sentence Authority.

The purpose for housing you in a residential treatment facility is to—

·protect the community from the risk that you present; and

·provide intensive treatment and supervision to you to reduce your risk of re-offending and assist with transitioning you to living in the community; and

·assist you to comply with the conditions of your order in a therapeutic environment offering you intensive support and case management; and

·provide you with short-term and safe accommodation.

An intensive treatment and supervision condition can be made for up to 2 years and may be extended for a period of 12 months. Further extensions of the condition may only be made in exceptional circumstances.

In the event that an intensive treatment and supervision condition is imposed on you, you will be offered intensive treatment in accordance with the attached treatment and supervision plan. The plan sets out the treatment and services that will be provided to you, why they are required to reduce your risk of committing a serious sex offence, or a serious violence offence, or both, and the proposed process for transitioning you from the residential treatment facility to a residential facility or to other accommodation in the community.

Restrictive conditions

If you are subject to a supervision order, the following core conditions of the supervision order are restrictive conditions—

·you must not commit a serious sex offence, or a serious violence offence, or both, in Victoria, or elsewhere;

·you must not commit an offence listed in Schedule 3 to the Serious Offenders Act 2018 in Victoria, or elsewhere;

·if residing at a residential facility or a residential treatment facility, you must not engage in conduct that poses a risk to the good order of that facility or the safety and welfare of offenders or staff at that facility or visitors to that facility;

·you must not engage in behaviour or conduct that threatens the safety of any person, including yourself.

A contravention of a restrictive condition will result in a minimum term of imprisonment of not less than 12 months unless the court is satisfied that certain special circumstances exist.

This minimum sentence is designed to have a deterrent effect by putting you on notice that a contravention of a restrictive condition will carry particularly harsh consequences.

In addition to the above core conditions, the Secretary may apply to the court for a declaration that any of the following conditions of the supervision order are "restrictive conditions"—

·that you must not consume alcohol;

·that you must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;

·that you must reside at a specified place (including whether you are to reside at a residential facility or a residential treatment facility);

·that you must be at your place of residence between specified times;

·that you may only leave your place of residence in accordance with specified conditions;

·that you must not visit a specified place or area or may only visit the place or area at specified times;

·that you must not have contact with a specified person or class of person;

·that you must not commit an offence against the Firearms Act 1996 or the Control of Weapons Act 1990.

CHANGE OF NAME

If you are the subject of a supervision order you must obtain the written approval of the Post Sentence Authority before applying to a registrar to change your name.

CONSEQUENCES OF CONTRAVENING A SUPERVISION ORDER

If you do not comply with all of the conditions of a supervision order, you may be charged by the Secretary or a police officer with contravening a condition of the order.

The penalty for this offence is up to 5 years imprisonment. If it is a contravention of a "restrictive condition", the court must impose a penalty of not less than 12 months imprisonment, unless a special reason exists.

If you do not comply with all of the conditions of a supervision order, the Post Sentence Authority may also investigate your conduct and may—

·give you a formal warning; and

·vary any directions that it has given you; and

·recommend that the Secretary apply to the court to review the conditions of your supervision order; and

·recommend that the Secretary initiate the process to apply to have you made subject to a detention order, which would require you to live in prison; and

·recommend that the Secretary take steps to have you prosecuted for contravention of the order.

HEARING AND DETERMINATION OF APPLICATION FOR A SUPERVISION ORDER

Before the hearing—

Documents

The Secretary must give you—

·a copy of the application; and

·a copy of any assessment report that accompanied the application and any other reports filed with the court; and

·*a copy of any treatment and supervision plan; and

·this notice, which sets out—

–your rights in relation to the application, including your rights of appeal; and

–the procedure for hearing and determining the application; and

–the nature of the supervision order.

Assessment report

An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released in the community and are not subject to a supervision order.

Independent report

You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The court may direct either you, or the Secretary, or both, to obtain any other assessment reports or reports of another kind.

Timing of the hearing

The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.

Legal representation

You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.

THE HEARING

You must be present during the hearing of the application unless—

·your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or

·you are unable to be present.

If you are unable to be present, the hearing may proceed if—

·the court is satisfied that conducting the hearing in your absence will not prejudice your interests; and

·the interests of justice require that the hearing take place.

At the hearing the Secretary will argue that you should be subject to a supervision order and that the court should impose suggested or discretionary conditions to reduce your risk and promote your rehabilitation and treatment. You have the right to argue that you should not be subject to a supervision order and that the suggested and discretionary conditions should not apply to you.

The court may only make you subject to a supervision order if it is satisfied that you 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 you are in the community.

In deciding whether there would be an unacceptable risk, the court must take into account—

·any assessment report or other report made, or evidence given, in relation to the application; and

·anything else it considers appropriate.

You or the Secretary may dispute the whole or any part of an assessment report or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters, and cross-examine the author of the report on the report's contents.

Suppression of publication

It is an offence for any person or body to publish or cause to be published the following matters relating to the supervision order or application, unless the court authorises publication because of exceptional circumstances—

·any evidence given;

·the content of any reports or documents put before the court;

·any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;

·any information or evidence that may enable a victim to be identified.

Your identity or whereabouts may be published unless—

·the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or

·you apply to the court for an order restricting publication and are granted that order.

If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of 600 penalty units may be imposed.

THE COURT'S DECISION

The court will decide whether or not you should be subject to a supervision order.

The court must state the reasons for its decision and cause a copy of any order to be given to you.

REVIEW OF A SUPERVISION ORDER

Supervision orders must be reviewed by the court at least every 3 years, or within a shorter timeframe if ordered by the court.

The Director of Public Prosecutions, the Secretary or you may apply to the court that made the supervision order at any time for leave to apply for a review of that order.

YOUR RIGHTS

You have the following rights in relation to an application for a supervision order—

·to have the application heard and determined by the *Supreme Court/ *County Court;

·to a reasonable opportunity to obtain legal representation;

·to a reasonable opportunity to obtain one or more independent reports.

If the court makes you subject to a supervision order, you have the following rights—

·to appeal against the making of the supervision order;

·to appeal against the period of the supervision order;

·to appeal against the conditions (other than the core conditions) imposed on you under the supervision order;

·to appeal against a declaration that a condition of the supervision order is a restrictive condition;

·to seek the court's permission for it to review the supervision order earlier than specified in the order;

·to seek the court's permission for it to review the conditions of the supervision order;

·to appeal against a decision to cancel or suspend your firearms authority;

·to appeal against a decision to revoke or suspend your weapons approval or your application for a weapons exemption.

*Delete if inapplicable

FORM 2—NOTICE TO OFFENDER ABOUT APPLICATION TO RENEW A SUPERVISION ORDER

Regulation 6

NOTICE TO OFFENDER ABOUT APPLICATION TO RENEW A SUPERVISION ORDER

GENERAL INFORMATION

To—[Name of offender]

This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has applied under the Serious Offenders Act 2018 to the *Supreme Court/*County Court to renew your supervision order.

This notice provides information about—

·your rights in relation to the application, including rights of appeal; and

·the procedure for hearing and determining the application; and

·the nature of supervision orders.

If you have any questions about this information or your rights you should seek legal advice.

REASON FOR APPLICATION TO RENEW A SUPERVISION ORDER

The Secretary has applied to the *Supreme Court/*County Court asking it to renew your supervision order because—

·at least one medical expert has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are in the community and not subject to an order; and

·the Secretary has formed the view that they should apply for renewal of a supervision order.

A copy of the following *assessment report/*the latest progress report *is/*are included with this notice—

[Insert name(s) of report maker(s) and date(s) of report]

PURPOSES OF A SUPERVISION ORDER

The purposes of a supervision order are—

·to provide enhanced protection to the community, by requiring offenders who have served custodial sentences for serious sex offences or serious violence offences, or both, and who present an unacceptable risk of harm to the community, to be subject to ongoing supervision; and

·to facilitate the treatment and rehabilitation of these offenders.

EFFECT OF A SUPERVISION ORDER

A person subject to a supervision order does not live in prison or a police gaol. The person may be ordered to reside at a particular place, including in a residential facility or in a residential treatment facility.

A supervision order is not punishment for committing any offence.

If you are subject to a supervision order you must comply with the conditions set out in the order (see below) and you may also be required to comply with directions given to you by the Post Sentence Authority.

PERIOD AND DURATION OF A SUPERVISION ORDER

The supervision order will start on a date that the court will set.

The court will decide the duration of the supervision order. The maximum duration of a supervision order is 15 years, however a supervision order—

·generally must be reviewed at least every 3 years; and

·can, on application to the court for leave, be reviewed at any time if there are new facts and circumstances that would justify a review, or it is in the interests of justice to do so; and

·can be repeatedly renewed by a court, if you continue to pose an unacceptable risk.

CONDITIONS OF A SUPERVISION ORDER

Core conditions of supervision order

If you are subject to a supervision order, then in addition to other matters, the order will specify that you must—

·not commit a serious sex offence, or a serious violence offence, in Victoria, or elsewhere; and

·not commit an offence listed in Schedule 3 to the Serious Offenders Act 2018 in Victoria, or elsewhere; and

·if residing at a residential facility or a residential treatment facility, 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; and

·not engage in conduct that threatens the safety of any person, including yourself; and

·attend at any place as directed by the Post Sentence Authority for the purpose of administering the conditions of the order; and

·attend at any place directed by the Post Sentence Authority for the purpose of making assessments (including a personal examination by a medical expert) required by the court, the Secretary or the DPP; and

·report to and receive visits from the Secretary, or any person nominated by the Secretary; and

·notify the Post Sentence Authority of any change of employment or new employment (paid or unpaid) at least 2 clear days before the change; and

·not leave Victoria without the Post Sentence Authority's permission; and

·if residing at a residential facility or a residential treatment facility, obey all reasonable instructions given by a supervision officer or a specified officer that are necessary to ensure the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility; and

·comply with directions given by the Post Sentence Authority in the exercise of its emergency powers. These powers allow the Authority to manage you differently from the way the court has ordered where it is not practicable to apply to the court for a variation of the conditions of the supervision order if there is an imminent risk of harm to you or to the community, or if the accommodation specified by the court becomes unavailable; and

·obey all reasonable instructions given by a community corrections officer or a specified officer that are necessary to ensure your safety and welfare or the safety and welfare of any other persons, your compliance with any conditions of your order, your compliance with any rehabilitation or treatment plan or your compliance with any directions given to you by the Post Sentence Authority.

Possible other conditions of supervision order

If the court imposes a supervision order on you, then in addition to the above core conditions of the order, the court must consider whether it is appropriate to impose any of the following suggested conditions—

·where you may reside in the community (including whether you should reside at a residential facility);

·the times when you must be home;

·the conditions under which you may leave your place of residence;

·the places or areas that you must not visit or may only visit at specified times;

·the treatment or rehabilitation programs or activities that you must attend and participate in;

·the types of employment in which you must not engage;

·requiring you to not consume alcohol;

·requiring you to not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;

·requiring that you submit 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;

·the types of behaviour that you must not engage in, where that behaviour was preparatory to your prior offending or may increase your risk of committing a serious sex offence, or a serious violence offence, or both, or an offence referred to in Schedule 3 to the Serious Offenders Act 2018, or conduct that threatens the safety of other persons;

·the community activities in which you must not engage;

·the persons or classes of persons with whom you must not have contact;

·the forms of monitoring (including electronic monitoring) of compliance with the supervision order, to which you must submit;

·the personal examinations by a medical expert which you must attend for the medical expert to prepare a report for the Post Sentence Authority to assist it to make directions under the order.

The court may also impose any of the following conditions—

·that the Post Sentence Authority is authorised to give you directions in relation to the operation of any condition of your supervision order;

·that you must not commit an offence against the Firearms Act 1996 or the Control of Weapons Act 1990;

·the cancellation of any firearms authority or revocation of any weapons approval held by you under those Acts. 

The court may also impose any other discretionary conditions it considers appropriate—

·to promote your rehabilitation and treatment; or

·to reduce your risk of re-offending whether by committing a serious sex offence, or a serious violence offence, or both, or an offence listed in Schedule 3 to the Serious Offenders Act 2018; or

·to address behaviours that may increase your risk of re-offending including engaging in any behaviour or conduct that threatens the safety of any person, including you; or

·to promote your rehabilitation and treatment; or

·to provide for the reasonable concerns of your victims in relation to their safety and welfare.

*Intensive treatment and supervision condition

If the court imposes a supervision order on you and your risk cannot be managed while you are residing in the community, the court may impose an intensive treatment and supervision condition requiring you to reside at a residential treatment facility.

A residential treatment facility is a secure facility and you will not be able to enter and leave the facility at any time other than in accordance with the conditions of your order or the permission of the Post Sentence Authority.

The purpose for housing you in a residential treatment facility is to—

·protect the community from the risk that you present; and

·provide intensive treatment and supervision to you to reduce your risk of re-offending and assist with transitioning you to living in the community; and

·assist you to comply with the conditions of your order in a therapeutic environment offering you intensive support and case management; and

·provide you with short-term and safe accommodation.

An intensive treatment and supervision condition can be made for up to 2 years and may be extended for a period of 12 months. Further extensions of the condition may only be made in exceptional circumstances.

In the event that an intensive treatment and supervision condition is imposed on you, you will be offered intensive treatment in accordance with the attached treatment and supervision plan. The plan sets out the treatment and services that will be provided to you, why they are required to reduce your risk of committing a serious sex offence, or a serious violence offence, or both, and the proposed process for transitioning you from the residential treatment facility to a residential facility or to other accommodation in the community.

Restrictive conditions

If you are subject to a supervision order, the following core conditions of the supervision order are restrictive conditions—

·you must not commit a serious sex offence, or a serious violence offence, or both, in Victoria, or elsewhere;

·you must not commit an offence listed in Schedule 3 to the Serious Offenders Act 2018 in Victoria, or elsewhere;

·if residing at a residential facility or a residential treatment facility, you must not engage in conduct that poses a risk to the good order of that facility or the safety and welfare of offenders, staff or visitors at that facility;

·you must not engage in behaviour or conduct that threatens the safety of any person, including yourself.

A contravention of a restrictive condition will result in a minimum term of imprisonment of not less than 12 months unless the court is satisfied that certain special circumstances exist.

This minimum sentence is designed to have a deterrent effect by putting you on notice that a contravention of a restrictive condition will carry particularly harsh consequences.

In addition to the above core conditions, the Secretary may apply to the court for a declaration that any of the following conditions of the supervision order are "restrictive conditions"—

·that you must not consume alcohol;

·that you must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;

·that you must reside at a specified place (including whether you are to reside at a residential facility or a residential treatment facility);

·that you must be at your place of residence between specified times;

·that you may only leave your place of residence in accordance with specified conditions;

·that you must not visit a specified place or area or may only visit the place or area at specified times;

·that you must not have contact with a specified person or class of person;

·that you must not have contact with a specified person or class of person;

·that you must not commit an offence against the Firearms Act 1996 or the Control of Weapons Act 1990.

CHANGE OF NAME

If you are the subject of a supervision order you must obtain the written approval of the Post Sentence Authority before applying to a registrar to change your name.

CONSEQUENCES OF CONTRAVENING A SUPERVISION ORDER

If you do not comply with all of the requirements of a supervision order, you may be charged by the Secretary or a police officer with contravening the order.

The penalty for this offence is up to 5 years imprisonment. If it is a contravention of a "restrictive condition", the court must impose a penalty of not less than 12 months imprisonment, unless a special reason exists.

If you do not comply with all of the requirements of a supervision order, the Post Sentence Authority may also investigate your conduct and may—

·give you a formal warning; and

·vary any directions that it has given you; and

·recommend that the Secretary apply to the court to review the conditions of your supervision order; and

·recommend that the Secretary initiate the process to apply to have you made subject to a detention order, which would require you to live in prison; and

·take steps to have you prosecuted for contravention of the order.

HEARING AND DETERMINATION OF APPLICATION TO RENEW A SUPERVISION ORDER

Before the hearing—

Documents

The Secretary must give you—

·a copy of the application and any other reports filed with the court; and

·a copy of any assessment report or progress report that accompanied the application; and

·*a copy of any treatment and supervision plan; and

·this notice, which sets out—

–your rights in relation to the application, including your rights of appeal; and

–the procedure for hearing and determining the application; and

–the nature of supervision orders.

Assessment report

An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released in the community and are not subject to a supervision order.

Progress report

A progress report is prepared by a medical expert who has assessed your likelihood to commit a serious sex offence, or a serious violence offence, or both, in the future. These reports include efforts made by you to address the causes of any sexual and violent offending including your participation in rehabilitation or treatment. Progress reports also address factors that might increase or decrease any identified risks.

Independent report

You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The court may direct either you or the Secretary, or both, to obtain any other assessment reports or reports of another kind.

Timing of the hearing

The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.

Legal representation

You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.

HEARING FOR RENEWAL OF SUPERVISION ORDER

You must be present during the hearing of the application unless—

·your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or

·you are unable to be present.

If you are unable to be present, the hearing may proceed if—

·the court is satisfied that conducting the hearing in your absence will not prejudice your interests; and

·the interests of justice require that the hearing take place.

At the hearing the Secretary will argue that you should continue to be subject to a supervision order. You have the right to argue that you should not be subject to a supervision order.

The court may make you subject to a supervision order if it is satisfied that you 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 you are in the community.

In deciding whether there would be an unacceptable risk, the court must take into account—

·any assessment report or other report made, or evidence given, in relation to the application; and

·anything else it considers appropriate.

You or the Secretary may dispute the whole or any part of the assessment report or progress report prepared for the purpose of the renewal application or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters, and cross‑examine the author of the report on the report's contents.

Suppression of publication

It is an offence for any person or body to publish or cause to be published the following matters relating to the supervision order or application unless the court authorises publication because of exceptional circumstances—

·any evidence given;

·the contents of any reports or documents put before the court;

·any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;

·any information or evidence that may enable a victim to be identified.

Your identity or whereabouts may be published unless—

·the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or

·you apply to the court for an order restricting publication and are granted that order.

If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of up to 600 penalty units may be imposed.

THE COURT'S DECISION

The court will decide whether or not your supervision order should be renewed.

The court must state the reasons for its decision and must cause a copy of any order to be given to you.

REVIEW OF A SUPERVISION ORDER

Supervision orders must be reviewed by the court at least every 3 years, or within a shorter timeframe if ordered by the court.

The Director of Public Prosecutions, the Secretary or you may apply to the court that made the supervision order at any time for leave to apply for a review of that order.

YOUR RIGHTS

You have the following rights in relation to an application to renew a supervision order—

·to have the application heard and determined by the *Supreme Court/ *County Court;

·to be given an opportunity to obtain legal representation;

·to obtain one or more independent reports.

If the court makes you subject to a supervision order, you have the following rights—

·to appeal against the renewal of the supervision order;

·to appeal against the period of the supervision order;

·to appeal against the conditions (other than the core conditions) of the supervision order;

·to appeal against a declaration that a condition of the supervision order is a restrictive condition;

·to seek the court's permission for it to review the supervision order earlier than specified in the order;

·to seek the court's permission for it to review the conditions of the supervision order;

·to appeal against a decision to cancel or suspend your firearms authority;

·to appeal against a decision to revoke or suspend your weapons approval or your application for a weapons exemption.

*Delete if inapplicable

FORM 3—NOTICE TO OFFENDER ABOUT
APPLICATION FOR DECLARATION OF RESTRICTIVE CONDITIONS

Regulation 7

NOTICE TO OFFENDER ABOUT APPLICATION FOR DECLARATION OF RESTRICTIVE CONDITIONS

GENERAL INFORMATION

To—[Name of offender]

This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has applied to the *Supreme Court/*County Court on the making of a *supervision order/*review of a supervision order or condition of the order to have the court declare certain conditions on your order to be restrictive conditions under the Serious Offenders Act 2018.

This notice provides information about—

·your rights in relation to the application, including rights of appeal; and

·the procedure for hearing and determining the application; and

·the implications if the declaration is made.

If you have any questions about this information or your rights you should seek legal advice.

REASONS FOR APPLICATION FOR A DECLARATION

The Secretary has applied to the *Supreme Court/*County Court for a declaration that the following conditions are restrictive conditions on your supervision order−

·*that you must not consume alcohol;

·*that you must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;

·*that you must reside at a specified place (including whether you are to reside at a residential facility or a residential treatment facility);

·*that you must be at your place of residence between specified times;

·*that you may only leave your place of residence in accordance with specified conditions;

·*that you must not visit a specified place or area or may only visit the place or area at specified times;

·*that you must not visit a specified place or area or may visit the place or area only at specified times;

·*that you must not have contact with a specified person or class of person;

·*that you must not contravene the Firearms Act 1996 or the Control of Weapons Act 1990.*

The Secretary seeks a declaration that these conditions are restrictive conditions in order to address your risk of committing a serious sex offence, or a serious violence offence, or both, or an offence listed in Schedule 3 to the Serious Offenders Act 2018.

In addition to the above conditions the following core conditions are also restrictive conditions—

·you must not commit a serious sex offence, or a serious violence offence, or both, in Victoria, or elsewhere;

·you must not commit an offence listed in Schedule 3 to the Serious Offenders Act 2018 in Victoria, or elsewhere;

·if residing at a residential facility or a residential treatment facility, you 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;

·you must not engage in behaviour or conduct that threatens the safety of any person, including yourself.

Implications of a declaration of restrictive conditions

If you do not comply with all of the conditions of a supervision order, you may be charged by the Secretary or a police officer with contravening a condition of the order.

A contravention of a restrictive condition will result in a minimum term of imprisonment of not less than 12 months unless the court is satisfied that certain special circumstances exist.

This minimum sentence is designed to have a deterrent effect by putting you on notice that a contravention of a restrictive condition will carry particularly harsh consequences.

HEARING AND DETERMINATION OF APPLICATION FOR A DECLARATION OF RESTRICTIVE CONDITIONS

Before the hearing—

Documents

The Secretary must give you—

·a copy of the application for a declaration of restrictive conditions; and

·a copy of a progress report that accompanied the application; and

·this notice, which sets out—

–your rights in relation to the application, including rights of appeal; and

–the procedure for hearing and determining the application.

Progress report

A progress report is prepared by a medical expert who has assessed your current level of risk of committing a serious sex offence, or a serious violence offence, or both, if you are released into the community and are not subject to a supervision order.

Independent report

You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The court may direct any of the parties to obtain any other assessment reports or reports of another kind.

Timing of the hearing

The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.

Legal representation

You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.

THE HEARING

You must be present during the hearing of the application unless—

·your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or

·you are unable to be present.

If you are unable to be present, the hearing may proceed if—

·the court is satisfied that conducting the hearing in your absence will not prejudice your interests; and

·the interests of justice require that the hearing take place.

At the hearing the Secretary will argue that—

·you should be subject to a supervision order; and

·the conditions set out in this notice should be restrictive conditions on your order.

You have the right to argue that the conditions should not be restrictive conditions.

The court must consider—

·a progress report about you; and

·any other report made, or evidence given, by a medical expert; and

·any report made by the Post Sentence Authority; and

·any report made by the Secretary; and

·any submissions made by the parties to the review.

The court may consider—

·any previous assessment report or progress report or reports filed with the court; and

·anything else that the court considers appropriate.

You or the Secretary may dispute the whole or any part of a progress report or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters, and cross‑examine the author of the report on the report's contents.

THE COURT'S DECISION

The court will decide whether to declare certain conditions of the order to be restrictive conditions, or be confirmed as restrictive conditions, or be varied or removed or new conditions added to your order.

The court must state the reasons for its decision and must cause a copy of any order to be given to you.

YOUR RIGHTS

You have the following rights—

·to have the application for the review of your supervision order heard and determined by the *Supreme Court/*County Court;

·to be given a reasonable opportunity to obtain legal representation;

·to obtain one or more independent reports.

If the court decides to declare that certain conditions on your order are restrictive conditions, you have the right to appeal to the Court of Appeal against a decision by the court reviewing the supervision order to declare a condition to be a restrictive condition.

*Delete if inapplicable

FORM 4—NOTICE TO EXTEND INTENSIVE TREATMENT AND SUPERVISION CONDITION

Regulation 8

NOTICE TO EXTEND INTENSIVE TREATMENT AND SUPERVISION CONDITION

GENERAL INFORMATION

To—[Name of offender]

This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has applied to the *Supreme Court/*County Court to extend the intensive treatment and supervision condition on your supervision order under the Serious Offenders Act 2018.

This notice provides information about—

·your rights in relation to the application, including rights of appeal; and

·the procedure for hearing and determining the application.

If you have any questions about this information or your rights you should seek legal advice.

REASONS FOR APPLICATION TO EXTEND INTENSIVE TREATMENT AND SUPERVISION CONDITION

The Secretary has applied to the *County Court/*Supreme Court to extend the intensive treatment and supervision condition on your supervision order because—

*first extension

·the court has imposed a supervision order on you and your risk of committing a serious sex offence, or a serious violence offence, or both, cannot be managed while you are residing in the community.

*second/*subsequent extensions

·the court has imposed a supervision order on you and your risk, of committing a serious sex offence, or a serious violence offence, or both, cannot be managed while you are residing in the community; and

·the Secretary considers that exceptional circumstances exist which justify a further extension of this condition.

PURPOSE OF INTENSIVE TREATMENT AND SUPERVISION CONDITION

The purpose of an intensive treatment and supervision condition is to require you to reside at a residential treatment facility. The purpose of housing you in a residential treatment facility is to—

·protect the community from the risk that you present; and

·provide intensive treatment and supervision to you to reduce your risk of re-offending and assist with transitioning you to living in the community; and

·assist you to comply with the conditions of your order in a therapeutic environment offering you intensive support and case management; and

·provide you with short-term and safe accommodation.

EFFECT OF INTENSIVE TREATMENT AND SUPERVISION CONDITION

A person who is subject to a supervision order which includes an intensive treatment and supervision condition is required to reside in a residential treatment facility and is not permitted to leave a residential treatment facility except with the permission of the Post Sentence Authority, in accordance with the treatment and supervision plan, or in accordance with an instruction given by a supervision officer or a specified officer. 

When a supervision order is imposed that includes an intensive treatment and supervision condition, you will be offered intensive treatment in accordance with the attached treatment and supervision plan. That plan sets out the treatment and services that will be provided to you, why they are required to reduce your risk of committing a serious sex offence, or a serious violence offence, or both, and the proposed process for transitioning you from the residential treatment facility to a residential facility or other accommodation in the community.

PERIOD AND DURATION OF AN INTENSIVE TREATMENT AND SUPERVISION CONDITION

An intensive treatment and supervision condition can be made for an initial period of up to 2 years, and may be extended for a further period of 12 months. Further extensions of the condition can only be made in exceptional circumstances.

The Secretary must apply to the court that made the supervision order for a review of an intensive treatment and supervision condition not later than 12 months after the condition is imposed on a supervision order and thereafter at 12-monthly intervals while the condition continues to apply.

HEARING AND DETERMINATION OF APPLICATION TO EXTEND AN INTENSIVE TREATMENT AND SUPERVISION CONDITION

Before the hearing—

Documents

The Secretary must give you—

·a copy of the application; and

·a copy of any treatment and supervision plan; and

·a copy of at least one assessment report or the latest progress report for you; and

·this notice, which sets out—

–your rights in relation to the application, including your rights of appeal; and

–the procedure for hearing and determining the application.

Assessment report

An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released in the community and are not subject to a supervision order.

Progress report

A progress report is prepared by a medical expert who has assessed your likelihood to commit a serious sex offence, or a serious violence offence, or both, in the future. These reports include efforts made by you to address the causes of any sexual and violent offending, including your participation in rehabilitation or treatment. Progress reports also address factors that might increase or decrease any identified risks.

Independent report

You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The court may direct either you or the Secretary, or both, to obtain any other assessment reports or reports of another kind.

Timing of the hearing

The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.

Legal representation

You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.

THE HEARING

You must be present during the hearing of the application unless—

·your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or

·you are unable to be present.

If you are unable to be present, the hearing may proceed if—

·the court is satisfied that conducting the hearing in your absence will not prejudice your interests; and

·the interests of justice require that the hearing take place.

At the hearing the Secretary will argue that you should continue to be subject to an intensive treatment and supervision condition. You have the right to argue that an intensive treatment and supervision condition should not apply to you.

The court may only extend an intensive treatment and supervision condition for a period not exceeding 12 months if it is satisfied that the condition is necessary to reduce your risk of committing a serious sex offence, or a serious violence offence, or both, and that the risk of you committing an offence cannot be reduced using less restrictive means of supervision.

The court may only extend an intensive treatment and supervision condition for a second or subsequent extension for a period not exceeding 12 months, if satisfied that exceptional circumstances exist.

In deciding whether to extend an intensive treatment and supervision condition, the court must consider—

·a treatment and supervision plan filed by the Secretary; and

·any other matter the court considers appropriate.

THE COURT'S DECISION

The court will decide whether or not you should continue to be subject to an intensive treatment and supervision condition.

YOUR RIGHTS

You have the following right in relation to an application to extend an intensive treatment and supervision condition—

·the right to have the application heard and determined by the *Supreme Court/*County Court.

If the court extends your intensive treatment and supervision condition, you have the following rights—

·to appeal against the making of the intensive treatment and supervision condition;

·to appeal against the period of the intensive treatment and supervision condition;

·to seek the court's permission for it to review the supervision order earlier than specified in the order;

·to seek the court's permission for it to review the conditions, including an intensive treatment and supervision condition, of the supervision order.

*Delete if inapplicable

FORM 5—NOTICE TO OFFENDER ABOUT APPLICATION FOR AN INTERIM
SUPERVISION ORDER

Regulation 9

NOTICE TO OFFENDER ABOUT APPLICATION FOR AN INTERIM SUPERVISION ORDER

GENERAL INFORMATION

To—[Name of offender]

This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has applied to the *Supreme Court/*County Court to make you subject to an interim supervision order under the Serious Offenders Act 2018.

This notice provides information about—

·your rights in relation to the application, including rights of appeal; and

·the procedure for hearing and determining the application; and

·the nature of interim supervision orders.

If you have any questions about this information or your rights you should seek legal advice.

REASON FOR APPLICATION FOR AN INTERIM SUPERVISION ORDER

The Secretary has applied to the *Supreme Court/*County Court for an interim supervision order because—

·you have committed *a serious sex offence /*and *a serious violence offence; and

·you have been sentenced to imprisonment for the *offence/*offences; and

·at least one medical expert has assessed you and formed an opinion about any risk that you will commit another serious sex offence, or serious violence offence, or both, if you are released in the community and are not subject to an order; and

·the Secretary has formed the view that an application for a supervision order should be made.

A copy of the following assessment *report/*reports *is/*are included with this notice—

[Insert name(s) of report maker(s) and date(s) of report]

PURPOSES OF SUPERVISION ORDER

The purposes of a supervision order are—

·to provide enhanced protection to the community, by requiring offenders who have served custodial sentences for a serious sex offence, or a serious violence offence, or both, and who present an unacceptable risk of harm to the community to be subject to ongoing supervision; and

·to facilitate the treatment and rehabilitation of these offenders.

EFFECT OF SUPERVISION ORDER

A person subject to a supervision order does not live in prison or a police gaol. The person may be ordered to reside at a particular place, including in a residential facility or in a residential treatment facility.

A supervision order is not punishment for committing an offence.

If you are subject to a supervision order you must comply with the conditions set out in the order (see below) and you may also be required to comply with directions given to you by the Post Sentence Authority.

PERIOD AND DURATION OF AN INTERIM SUPERVISION ORDER

An interim supervision order starts either—

·when a person's custodial sentence, or any consecutive or concurrent custodial sentence, finishes; or

·if the custodial sentence has already finished, on a date that the court will set; or

·if you are subject to an application for renewal of a supervision order, on the expiry of that previous supervision order, or on a date that the court will set.

The court will decide the duration of the order. The maximum duration of an interim supervision order is 4 months, including any extensions, unless the court making or extending the interim supervision order is satisfied that exceptional circumstances exist.

CONDITIONS OF SUPERVISION ORDER

Core conditions of order

If you are subject to an interim supervision order, then in addition to other matters, the order will specify that you must—

·not commit a serious sex offence, or a serious violence offence, in Victoria, or elsewhere; and

·not commit an offence listed in Schedule 3 to the Serious Offenders Act 2018 in Victoria, or elsewhere; and

·if residing at a residential facility or a residential treatment facility, 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; and

·not engage in conduct that threatens the safety of any person, including yourself; and

·attend at any place as directed by the Post Sentence Authority for the purpose of administering the conditions of the order; and

·attend at any place directed by the Post Sentence Authority for the purpose of making assessments (including a personal examination by a medical expert) required by the court, the Secretary or the DPP; and

·report to and receive visits from the Secretary, or any person nominated by the Secretary; and

·notify the Post Sentence Authority of any change of employment or new employment (paid or unpaid) at least 2 clear days before the change; and

·not leave Victoria without the Post Sentence Authority's permission; and

·if residing at a residential facility or a residential treatment facility, obey all reasonable instructions given by a supervision officer or a specified officer that are necessary to ensure the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility; and

·to appeal against a decision to cancel or suspend your firearms authority;

·to appeal against a decision to revoke or suspend your weapons approval or your application for a weapons exemption.

*If the court decides not to revoke the detention order and you are not taken into custody for any other reason, you have the following rights—

·to appeal to the Court of Appeal against the decision not to revoke the detention order;

·to seek the court's permission for it to review the detention order earlier than specified in the order.

*If the court decides to confirm, vary, or add new conditions to your supervision order, or declare certain conditions of your supervision order to be restrictive conditions, you have the following rights−

·to appeal to the Court of Appeal against the decision to impose conditions on your order;

·to appeal to the Court of Appeal against a decision to declare certain conditions a restrictive condition.

*Delete if inapplicable

FORM 14—NOTICE ABOUT OFFENDER'S RIGHTS OF APPEAL RELATING TO AN ORDER

Regulation 18

NOTICE ABOUT OFFENDER'S RIGHTS OF APPEAL RELATING TO AN ORDER

PART 9—SERIOUS OFFENDERS ACT 2018

GENERAL INFORMATION

To—[Name of offender]

This notice has been served on you because the *Secretary to the Department of Justice and Community Safety ("the Secretary")/*Director of the Public Prosecutions ("the DPP") is making an appeal to the Court of Appeal from a decision of the *Trial Division of the Supreme Court/*County Court concerning a *supervision/*detention order under the Serious Offenders Act 2018 that involves you as the offender.

The filing of this notice does not operate as a stay of the decision being appealed unless the court that made the decision or the Court of Appeal has expressly ordered otherwise. This notice provides information about the procedure for hearing and determining the appeal and your rights in relation to the appeal.

If you have any questions about this information or your rights you should seek legal advice.

*APPEAL FROM DECISION CONCERNING A SUPERVISION ORDER

The Secretary has applied to the Court of Appeal concerning the following *decision/*decisions made by the *Trial Division of the Supreme Court/*County Court about the supervision order—

·*The decision not to make you subject to a *supervision order/*interim supervision order. The Secretary is appealing this decision.

·*The decision to make you subject to a *supervision order/*interim supervision order with certain conditions. The Secretary is appealing the conditions imposed by the Court.

·*The decision not to declare a condition on a *supervision order/*interim supervision order to be a restrictive condition. The Secretary is appealing this decision.

·*The decision to declare a condition on a *supervision order/*interim supervision order to be a restrictive condition. The Secretary is appealing this decision.

·*The decision to make you subject to a *supervision order/*interim supervision order of a particular period. The Secretary is appealing the period of the supervision order.

·*The decision not to *renew your supervision order/*extend your interim supervision order. The Secretary is appealing this decision.

·*The decision to revoke your *supervision order/interim supervision order. The Secretary is appealing this decision.

·*The decision not to extend an intensive treatment and supervision condition on your supervision order. The Secretary is appealing this decision.

·*The decision not to cancel or suspend your firearms authority. The Secretary is appealing this decision.

·*The decision not to revoke or suspend a weapons approval held by an offender or the application of a weapons exemption to an offender. The Secretary is appealing this decision.

*APPEAL FROM DECISION CONCERNING A *DETENTION ORDER/*INTERIM DETENTION ORDER

The DPP has applied to the Court of Appeal concerning the following *decision/*decisions made by the Trial Division of the Supreme Court about the detention order—

·*The decision not to make you subject to a *detention order/*interim detention order. The DPP is appealing this decision.

·*The decision not to renew a detention order. The DPP is appealing this decision.

·*The decision to not extend an interim detention order. The DPP is appealing this decision.

·*The decision to revoke a detention order on a review and to replace it with no other order. The DPP is appealing this decision.

·*The decision to revoke your detention order and replace it with a supervision order. The DPP is appealing this decision.

·*The decision to specify a particular period for the operation of your *detention order/interim detention order. The DPP is appealing this decision.

*APPEAL FROM DECISION CONCERNING AN EMERGENCY DETENTION ORDER

The Secretary has applied to the Court of Appeal concerning the following *decision/*decisions made by the *Trial Division of the Supreme Court about the emergency detention order—

·*the decision not to make you subject to an emergency detention order. The Secretary is appealing this decision.

·*the decision to specify a particular period of operation of your emergency detention order. The DPP is appealing this decision.

HEARING AND DETERMINATION OF THE APPEAL

Before the appeal

The Secretary must provide you with—

·a copy of the notice of appeal; and

·this notice, which sets out—

–your rights in relation to the appeal; and

–the procedure for hearing and determining the appeal.

THE APPEAL

In hearing the appeal the Court of Appeal may—

·consider new evidence that is relevant to the application; or

·require the *Secretary/*DPP to provide a new assessment report or progress report about you.

Assessment report

An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released in the community and are not subject to a supervision order.

Progress report

A progress report is prepared by a medical expert who has assessed your likelihood to commit another serious sex offence or serious violence offence, or both, in the future. These reports include efforts made by you to address the causes of sexual offending including your participation in rehabilitation or treatment. Progress reports also address factors that might increase or decrease any identified risks.

The Court of Appeal has the power to achieve the following outcomes on appeal—

·it can confirm the decision made by the court;

·*it can revoke the supervision order, renewed supervision order, interim supervision order, or any condition or variation to an order;

·*it can revoke the detention order or renew the detention order or interim detention order;

·*it can revoke the extended interim supervision order or interim detention order;

·*it can revoke the imposition of an intensive treatment and supervision condition or the extension of an intensive treatment and supervision order;

·*it can revoke a decision to cancel or suspend a firearms authority, or revoke or suspend a weapons approval or the application of a weapons exemption;

·*it can revoke the emergency detention order;

·*if the decision was to specify a particular period of operation of an order, vary the period of operation of the order;

·*if the Court of Appeal considers that a supervision order should have been made or renewed, it can set aside the decision of the court and require that court to hear the matter again. The Court of Appeal may give the court directions about the decision it must make. If the Court of Appeal does not give the court directions, the court may make any of the decisions that it was able to make at the first hearing;

·*if the Court of Appeal considers that the court should not have revoked the original supervision order and replaced it with no order, it may set aside the decision to revoke the supervision order and revive the supervision order. This means that you will be subject to a supervision order;

·*make an interim supervision order pending re-hearing of an application by the appropriate court. An interim supervision order can have all of the conditions of a final supervision order, and applies until the application is finally re-heard and then determined by the appropriate court;

·*if the Court of Appeal considers that a detention order should have been made or renewed it can set aside the decision of the court and require the court to hear the matter again. The Court of Appeal may give the court directions about the decision it must make. If the Court of Appeal does not give the court directions, the court may make any of the decisions that it was able to make at the first hearing;

·*if the Court of Appeal considers that the court should not have revoked a detention order and replaced it with a supervision order or no order, it may set aside the decision to revoke the detention order, and if the case requires, revoke the supervision order and revive the detention order. This means that you would remain subject to a detention order and will continue to reside in prison;

·*the Court of Appeal may make an interim detention order pending re-hearing of an application by the appropriate court. An interim detention order will apply until the application is finally re-heard and determined by the appropriate court;

·make any other order that the Court of Appeal considers appropriate.

Suppression of publication

It is an offence for any person or body to publish or cause to be published the following matters relating to the supervision order or appeal, unless the court authorises publication because of exceptional circumstances—

·any evidence given;

·any report of documents put before the court;

·any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;

·any information or evidence that may enable a victim to be identified.

Your identity or whereabouts may be published unless—

·the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or

·you apply to the court for an order restricting publication and are granted that order.

If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of up to 600 penalty units may be imposed.

*Delete if inapplicable

FORM 15—NOTICE TO BE GIVEN ABOUT OFFENDER'S RIGHTS AND RESPONSIBILITIES WHEN HOLDING POWER EXERCISED

Regulation 19

NOTICE TO BE GIVEN ABOUT OFFENDER'S RIGHTS AND RESPONSIBILITIES WHEN HOLDING POWER EXERCISED

GENERAL INFORMATION

To—[Name of offender]

This notice has been served on you because a member of Victoria Police has exercised a holding power under the Serious Offenders Act 2018.

This notice provides information about your rights and responsibilities while you are being held.

If you have any questions about this information or your rights you should seek legal advice.

REASON FOR POLICE EXERCISING HOLDING POWER

A member of Victoria Police has apprehended and detained you because there are reasonable grounds to suspect that there is an imminent risk that you will contravene a condition of your supervision order or interim supervision order.

A member of Victoria Police may use the force reasonably necessary to apprehend and detain you.

DETENTION IS NOT ARREST

If a member of Victoria Police reasonably suspects that you have contravened one or more of the conditions of a supervision order, you may be arrested. An arrest for a suspected contravention is different from detention on suspicion that there is an imminent risk that you will contravene a condition of a supervision order. This notice concerns instances where the police suspect an imminent risk of a contravention.

EFFECT OF HOLDING POWER

You may be detained at a police station or in a police gaol, only if the police officer considers it necessary to do so for the protection of any person or property or to prevent you from escaping from detention.

A member of Victoria Police may search you and any vehicle, package or thing in your possession if the member suspects, on reasonable grounds, that you have in your possession any object that may cause injury or damage or be used to escape from detention.

The maximum period that you may be detained is 72 hours after the detention begins.

While you are being held, Victoria Police must not interview or question you in relation to any offence or alleged offence or in relation to any contravention or alleged contravention of a condition of a supervision order or interim supervision order.

YOUR RIGHTS

You have the following rights in relation to your apprehension and detention—

·you may communicate or attempt to communicate with a friend or relative to inform them of your whereabouts;

·you may communicate or attempt to communicate with a legal practitioner.

If you wish to communicate with a friend, relative or legal practitioner, a member of Victoria Police must—

·provide you reasonable facilities as soon as practicable to enable you to do so; and

·allow your legal practitioner or their clerk to communicate with you in private (as far as is practicable) so that the communication will not be overheard.

If you do not have sufficient knowledge of the English language to enable you to understand why you are being detained, a member of Victoria Police must arrange for you to have access to a competent interpreter.

FORM 16—RETRIEVAL NOTICE FOR THINGS SEIZED

Regulation 22

RETRIEVAL NOTICE FOR THINGS SEIZED

TO: [insert name of serious offender or owner of seized thing(s)]

OF: [insert address of serious offender or owner of seized thing(s)]

In accordance with section 243 of the Serious Offenders Act 2018, I am notifying you that the *Commissioner/*Chief Commissioner of Police is no longer authorised to retain the following things which were seized at [insert location of seizure] on [insert date of seizure]—

[insert details of each seized thing that can be retrieved]

Retrieving your things

You are now able to retrieve the thing(s) referred to above. If you wish to retrieve the thing(s), you may attend at [insert address of the location from which the seized thing(s) can be retrieved] between the hours of [insert opening hours of location].

You should bring this retrieval notice and photo identification with you to retrieve your seized thing(s).

What will happen if you do not retrieve your seized things

If you do not retrieve the thing(s) referred to above by [insert date that is at least 3 months from the date of this retrieval notice], the thing(s) will be dealt with in accordance with section 243(4) or (5) of the Serious Offenders Act 2018.

If this retrieval notice is issued by or on behalf of the Chief Commissioner of Police, the seized thing(s) will be dealt with as if the thing(s) were unclaimed property and may be disposed of by an authorised person in accordance with Division 3 of Part 4 of the Victoria Police Act 2013. Disposal may be by sale by public auction, destruction, or any other means approved by the Minister for Police.

If this retrieval notice is issued by or on behalf of the Commissioner, the seized thing(s) will be forfeited to the Crown and the Minister for Corrections may direct that the thing(s) be disposed of in any manner that the Minister for Corrections thinks fit, including by destruction.

NAME:  [insert name of person issuing this retrieval notice]

TITLE:  [insert title of person issuing this retrieval notice]

DATE:   [insert date of this retrieval notice]

*Delete if inapplicable

FORM 17—NOTICE TO PRODUCE DOCUMENTS OR THINGS TO, OR ATTEND AT, THE
POST SENTENCE AUTHORITY

Regulation 24

NOTICE TO PRODUCE DOCUMENTS OR THINGS TO, OR ATTEND AT, THE POST SENTENCE AUTHORITY

TO: [insert name of person on whom notice is served]

OF: [insert address]

This notice is made in accordance with section 303 and served under section 306 of the Serious Offenders Act 2018.

What you must do

You must:

*·   produce to the Post Sentence Authority the document, thing or documents and things specified below, by the date and time specified in this notice;

*·   attend a meeting of the Post Sentence Authority at a specified time and place to produce a specified document or other thing;

*·   attend a meeting of the Post Sentence Authority at a specified time and place, and from then on from day to day until excused, to give evidence;

*·   attend a meeting of the Post Sentence Authority at a specified time and place, and from then on from day to day until excused to give evidence and to produce a specified document or other thing.

*Where and when you must produce documents or things

*[insert details of where, the date and time and how a person must produce the document, thing or documents and things]

*Where and when you must attend to give evidence and to produce documents and things

*[insert details of where and when (including date and time) a person must attend, and (if applicable) insert details of where, when and how a person must produce the document, thing or documents and things]

*What you must produce to the Post Sentence Authority

[insert list or insert description of documents or things to be produced]

*Note:

You must bring this notice with you when you attend at the Post Sentence Authority at the time and place specified in this notice:

Objecting to this notice

You may object to this notice under section 304 of the Serious Offenders Act 2018 if you have (or will have) a reasonable excuse for failing to comply with this notice. For example, without limiting what may be a reasonable excuse, it is a reasonable excuse to fail to comply with this notice if the information—

·might tend to incriminate you or make you liable to a penalty; or

·is the subject of parliamentary privilege; or

·is the subject of legal professional privilege or client legal privilege; or

·is the subject of public interest immunity; or

·is prohibited from disclosure by a court order; or

·is prohibited from disclosure by a provision of another Act that specifically applies to the giving of information or the production of documents or other things to the Post Sentence Authority.

You may also object to this notice by claiming that the document, thing or documents and things specified in this notice are not relevant to the subject matter of the meeting of the Post Sentence Authority.

If you wish to object to this notice, you must do so in writing to [insert name and contact details] by [insert date]. Your written objection must outline your reasons for objecting to the notice and attach any relevant evidence or documents in support of your claim. If the Post Sentence Authority is satisfied that your excuse for failure to comply is reasonable, the Post Sentence Authority may vary or revoke this notice under section 305 of the Serious Offenders Act 2018.

Failure or refusal to comply with this notice without reasonable excuse may constitute an offence. The maximum penalty for this offence is 30 penalty units or imprisonment for 3 months (see section 312 of the Serious Offenders Act 2018).

Name: [insert name of person serving this notice]

Title: [insert title of person serving notice]

Date: [insert date]

*Delete if inapplicable

FORM 18—DIRECTION IN RELATION TO A NOTICE
TO ATTEND ISSUED TO PERSON IN CUSTODY

Regulation 26

DIRECTION IN RELATION TO A NOTICE TO ATTEND ISSUED TO PERSON IN CUSTODY

TO: [insert name and title of person in charge of the place where person is held in custody e.g. the Governor of the prison or the officer in charge of the police gaol]

AT: [insert name and address of place where person is held in custody]

In accordance with section 310 of the Serious Offenders Act 2018, I direct that [name of person held in custody] who is detained at [insert name of place where person is held in custody]—

·*be brought to a place equipped with facilities to enable the person to appear before the Post Sentence Authority by audio visual link.

·*be brought before the Post Sentence Authority.

LOCATION: [insert specified place to which person held in custody is to be brought]

DATE: [insert date on which person held in custody is to be brought to the specified place] *and from day to day until excused from further attendance.

TIME: [insert time when person held in custody is to be brought to the specified place]

for the purpose of [insert purpose e.g. to produce a document, thing or documents and things or to give evidence in relation to a matter before the Post Sentence Authority]

and the person is to be returned to the place from which they were removed or to a police gaol *each day by the direction of the Post Sentence Authority.

Name: [insert name of person giving direction]

Title: [insert position of person giving direction]

Date: [insert date the direction is made]

*Delete if inapplicable

═════════════

ENDNOTES

1   General information

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

The Serious Offenders Regulations 2018, S.R. No. 115/2018 were made on 28 August 2018 by the Governor in Council under section 349 of, and clause 25 of Schedule 4 to, the Serious Offenders Act 2018, No. 27/2018 and came into operation on 3 September 2018: regulation 3.

The Serious Offenders Regulations 2018 will sunset 10 years after the day of making on 28 August 2028 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Serious Offenders Regulations 2018 by statutory rules, subordinate instruments and Acts.

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

Serious Offenders Amendment Regulations 2025, S.R. No. 94/2025

Date of Making:	30.9.25
Date of Commencement:	30.9.25

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

3   Explanatory details

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.