Serious Sex Offenders (Detention and Supervision) Act 2009 (Vic)

Version No. 051

Serious Sex Offenders (Detention and Supervision) Act 2009

No. 91 of 2009

Version incorporating amendments as at

5 April 2018

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes and outline

2Commencement

3Definitions

4Who is an eligible offender?

5Offender still serving a sentence when on parole

6ASafety and protection of the community paramount in any decision under this Act

6BSex offender registration order under Sex Offenders Registration Act 2004

Part 2—Supervision orders

Division 1—Application for supervision order

7Secretary may apply for a supervision order

8Form of application

Division 2—Supervision order

9When may a court make a supervision order?

10Supervision order

11Commencement of supervision order

12Period of supervision order

13Effect of new supervision order on existing supervision order

14Copy of supervision order

Division 3—Conditions of supervision order

15Conditions of supervision order

16Core conditions of supervision order

17Suggested conditions

18Conditions relating to where an offender is to reside

19Other discretionary conditions

20Condition authorising Authority to give directions

21Submissions relating to conditions

22Certificate of available resources

23Court to consider victim submissions

24Temporary conditions

24ACourt may declare a condition to be a restrictive condition

Division 4—Expiry of supervision order

25Expiry of supervision order

26Notices in relation to indefinite sentence

27Effect of expiry of supervision order

Division 5—Renewal of supervision order

28Renewal of supervision order

28ADetermination of application to renew supervision order

29Renewed supervision order

30Commencement of renewed supervision order

31Effect of renewed order

32Copy of renewing order

Part 3—Detention orders

Division 1—Application for detention order

33Director of Public Prosecutions may apply for a detention order

34Form of application

Division 2—Detention order

35Court must first be satisfied that there is an unacceptable risk

36Decision to make order

37Evidence to be of sufficient weight to justify decision

38Detention order

39Commencement of detention order

40Period of detention order

41Effect of new detention order on existing detention order

42Effect of detention order

43Copy of detention order

Division 3—Expiry of detention order

44Expiry of detention order

Division 4—Renewal of detention order

45Renewal of detention order

45ADetermination of application to renew detention order

46Renewed detention order

47Commencement of renewed order

48Effect of renewed order

49Copy of renewing order

Part 4—Interim orders

Division 1—Application for interim order

50Secretary may apply for interim supervision order

51Director of Public Prosecutions may apply for interim detention order

52When court may determine application if offender is no longer serving custodial sentence

Division 2—Interim order

53When may a court make an interim supervision order?

54When may a court make an interim detention order?

55Interim order

56Commencement of interim order

57Period of interim order

58Conditions of interim supervision order

58AProvisions affecting interim supervision order

59Application of Act to interim order

60Copy of interim order

Division 3—Expiry of interim order

61Expiry of interim order

62Effect of expiry of interim supervision order

Division 4—Extension of interim order

63Extension of interim order

63ADetermination of application to extend interim supervision order

63BDetermination of application to extend interim detention order

64Order extending interim order

Part 5—Review of orders and conditions

Division 1—Review of orders

65Periodic reviews of supervision orders

66Periodic reviews of detention orders

67Offender serving custodial sentence or in custody on remand at time of review

68Leave for review

69To which court is an application for review to be made?

70Form of application

71Purpose of review

72What is the court to consider?

73Decision on supervision order—general

74Application for review of detention order

75Effect of custodial order on time for review

Division 2—Review of conditions of supervision order

76Application of Division

77Application for review of condition of supervision order

78Power of court on review

78ALeave not required in certain circumstances for review of core conditions

Part 6—Proceedings relating to orders

Division 1—Applications for orders

79Nature of proceeding

80Service of application and other documents

81Exclusion of evidence from disclosure

Division 2—Procedure for hearings

82Hearing of application

83Directions hearings

84Court may order offender to attend for examination

85Attendance of offender at hearings

86Adjournment of hearing

87Legal representation

88Admissibility of evidence

89Matters to which court may have regard

90Reasons for decisions

Division 3—Arrest of offender to attend hearing

91Power to issue arrest warrant

92Execution of arrest warrant

93Arrested offender to be brought before court

Division 4—Victim submissions

94Victim submission

95Victim submission not to be released to offender without consent

Part 7—Appeals

Division 1—Appeals relating to supervision, detention and interim orders

96Appeals by offenders

97Appeals by the Secretary

98Appeals by the Director of Public Prosecutions

99Procedure for appeals

100Powers to consider new evidence

101Powers of Court of Appeal

102Court of Appeal may make interim order

Division 2—Appeals relating to publication of information

103Appeal relating to publication of information

Part 8—Assessment of eligible offenders

Division 1—Assessment

104Secretary to consider whether order should be made in respect of eligible offender

105Referral to Director of Public Prosecutions

106Who can make an assessment report?

107Secretary may direct offender to attend for examination

108Additional assessments

109What is an assessment report?

Division 2—Progress reports

110Progress report to be prepared

111Application of Division 1

112Progress report

Division 3—Disputed reports

113Disputing reports

113ADisputing reports filed with applications for interim orders

Part 9—Management of offenders on detention orders

114Function of Authority in relation to detention orders

115Status of offender on detention orders or interim detention orders

116Relationship to Corrections Act 1986

Part 10—Management of offenders on supervision orders

Division 1—Introductory

117Definition

Division 2—Authority may give directions or instructions to offender

119Directions by Authority

120Emergency power of direction

121Instructions

122Notice of directions or instructions

123Offender may make submissions

124Attendance of offender at meetings of Authority

125Decision of Authority on submissions

126Reasons for directions

127Offender may inspect documents with permission of the Authority

128Authority must notify Secretary of certain matters

129Victim submissions

130How victim submissions are dealt with by the Authority

131Urgent review of conditions of supervision order

132Report to the court

Division 3—Management of offenders at residential facilities

133Appointment of residential facilities

134Management of residential facility

135Persons working at residential facility to be subject to direction

136Duties of supervision officers and specified officers

137Officers may give instructions

138Offender entitled to enter and leave residential facility

139Visitors

140Exclusion of visitors for safety reasons

141Visitors to give certain information

141AOffences relating to operation or possession of remotely piloted aircraft or helicopter

141BOfficer in charge may give authorisation

142Search

143Seizure and examination

144Register of seized things

145Photographing

146Officers may use force to enforce instructions in certain circumstances

147Access to residential facility

Division 4—Management of offenders at other locations

148Application of Division

149Management of offender

150Officers to be subject to direction

151Officer may give instructions

152Search

153Seizure and examination

154Register of seized things

Division 5—Alcohol and drug testing of offenders by supervision officers, community corrections officers or specified officers

154ADefinition

155Application of Division

156Offender to submit to testing

157Secretary to approve test procedures

158Taking of samples of drugs and alcohol

Division 6—Alcohol and drug testing of offenders by police officers

158AApplication of Division

158BOffender to submit to testing

Division 7—Powers of entry, search and seizure by police officers to monitor compliance

158BAApplication of Division

158CPowers of entry by police officer to monitor compliance

158DAnnouncement before entry

158DAPower to search

158DBPower to seize and examine seized items

158EReport to Authority

Division 7A—Auditing of offender's computer and other devices

158EAApplication of Division

158EBDefinitions

158ECOffender to comply with direction

158EDSearch if offender fails to comply

158EESeizure and examination if offender fails to comply

158EFRegister of things seized

Division 8—Specified officers

158FSpecified officers

Division 9—General provisions relating to entry, search and seizure under this Part or other provisions of this Act

158GWarning that search or seizure is to occur and that reasonable force may be used

158HOfficer may direct offender to provide assistance—computers and other devices

158IRegister of things seized by police officers

158JThings seized by officers must be photographed or otherwise recorded

158KOfficer must provide receipt for seized things

158LRetention by Chief Commissioner of Police or Commissioner of seized things

158MReturn of seized things if grounds for seizure no longer applies

158NReturn of seized property—retrieval notices

158OReturn of seized property—application to Magistrates' Court

158PChief Commissioner of Police or Commissioner may apply to Magistrates' Court for disposal or destruction order

158QProceeds of sale or disposal to be paid into Consolidated Fund

158RDestruction or disposal of seized things with owner's consent

158SNo liability

Part 11—Breach of supervision order

Division 1—Introductory

159Definition

Division 2—Breach of order

160Offence to breach order

161Authority may inquire into breach

162Seriousness of breach

163Action by Authority in respect of breach

Division 3—Holding power

164Criteria for exercise of powers

165Detention power

166Search of person

167Procedural requirements for offender apprehended and detained

168Duration of holding powers

169Notice to Secretary

170No questioning during holding period

Division 4—Enforcement of offence

171Powers of arrest

171APowers of entry and search by police officer to arrest offender

171BAnnouncement before entry

171CReport to Authority

172Proceedings for offence

172ATransfer of proceedings

172ABTransfer of proceeding for related summary offence

172ACHearing and determination of related summary offence by Supreme Court or County Court

172BIssue of warrant to arrest on failure to comply with bail or summons

Part 12—Change of name

173Application of Part

174Definitions

175Applications for change of name by or on behalf of an offender

176Approval by Authority

177Approval to be notified in writing

178Registration of change of name

179Registrar may correct Register

180Information-sharing between the Secretary and the Victorian Registrar

181Notice to Secretary

Part 13—Restriction and sharing of information

Division 1—Publication

182Offence to publish certain information

183Publication order

184Restriction on identification of offender

185Matters to which court must have regard

186Offence to publish information

Division 2—Recording and sharing of information

187Record of eligible offenders

188Additional information to be obtained by Secretary

189Sharing of information

190Guidelines for disclosure

191Disclosure of information to responsible persons

192Sharing information with healthcare providers

192ADisclosure of certain information is not breach of section 4 of Judicial Proceedings Reports Act 1958

192BExemption from Freedom of Information Act 1982

Part 13A—Post Sentence Authority

Division 1—Establishment of Authority

192CEstablishment of Post Sentence Authority

192DFunctions of Authority

192EPowers of Authority

192FMembership of Authority

192GChairperson and deputy chairperson of Authority

192HActing appointments

192ITerms and conditions of office

192JChairing of meetings

192KMeetings

192LValidity of acts or decisions of Authority

192MVacancies, resignations and removal from office

192NEmployees and contractors

192OMember may act on behalf of Authority

Division 2—Notices to produce or attend

192PPower of Authority to compel production of documents and other things or attendance of witnesses

192QPerson may dispute notice to produce or notice to attend

192RVariation or revocation of notice to produce or notice to attend

192SService of notice to produce or notice to attend

192TPowers in relation to documents and other things produced

192UPower to compel attendance or production does not affect power of Authority to direct or instruct offenders

192VAppearance by audio visual link

192WNotice to attend served on person serving custodial sentence or in custody on remand

192XPower to take evidence on oath or affirmation

192YOffence to fail to comply with a notice to produce or attend

192ZOffence to fail to take oath, make affirmation or answer question

Divisions 3—Miscellaneous matters

192ZAProtection of participants at Authority meeting

192ZBImmunity of member of Authority

192ZCAnnual report

192ZDOther reports

192ZEInformation to be provided to Authority

Part 13B—Cooperation and coordination between responsible agencies

192ZFApplication of Part

192ZGResponsible agency must act in accordance with principle of shared responsibility

192ZHResponsible agencies must establish panel

192ZIResponsible agencies to agree on coordinated services plan for each offender

192ZJContent of coordinated services plan

192ZKResponsible agencies to give copy of plan to Authority

192ZLAuthority to review coordinated services plans

192ZMResponsible agencies to review and report on coordinated services plan

192ZNExpiry of plan

192ZOResponsible agency may seek services or advice

192ZPDelegation

192ZQLegal rights not affected

Part 14—General

193Service of documents

194Costs

195Certificate of available resources

196Delegation by Secretary

197Delegation by Commissioner

198Regulations

199Transitional provisions

199AFurther transitional provisions

199BTransitional provisions—Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017

Part 15—Repeal and consequential amendment of other Acts

Division 1—Repeal of Serious Sex Offenders Monitoring Act 2005

200Repeal of Serious Sex Offenders Monitoring Act 2005

Schedules

Schedule 1—Relevant offences

Schedule 1A—Violent offences

Schedule 2—Transitional provisions

Schedule 3—Further transitional provisions

Schedule 4—Transitional provisions for Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 051

Serious Sex Offenders (Detention and Supervision) Act 2009

No. 91 of 2009

Version incorporating amendments as at

5 April 2018

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes and outline

(1)The main purpose of this Act is to enhance the protection of the community by requiring offenders who have served custodial sentences for certain sexual offences and who present an unacceptable risk of harm to the community to be subject to ongoing detention or supervision.

(2)The secondary purpose of this Act is to facilitate the treatment and rehabilitation of such offenders.

(3)In outline, this Act—

(a)defines the class of offender to whom it applies; and

(b)empowers the Supreme Court to make a detention order of up to 3 years, or an interim detention order, in respect of an eligible offender on the application of the Director of Public Prosecutions; and

(c)empowers the Supreme Court or the County Court to make a supervision order of up to 15 years, or an interim supervision order, in respect of an eligible offender on the application of the Secretary to the Department of Justice and Regulation; and

(d)provides for appeals by offenders, the Director of Public Prosecutions or the Secretary to the Department of Justice and Regulation; and

(e)provides for the review, renewal, expiry and revival of detention orders and supervision orders and interim orders; and

(f)provides for the review of conditions of supervision orders and interim supervision orders; and

(g)establishes the Post Sentence Authority and provides for its functions; and

(h)provides for the management of offenders on supervision orders and detention orders and interim orders; and

(i)provides for the coordination of services to offenders in accordance with Part 13B.

2Commencement

(1)This Act comes into operation on a day to be proclaimed.

(2)If this Act does not come into operation before 1 January 2011, it comes into operation on that day.

3Definitions

In this Act—

Adult Parole Board means the Adult Parole Board established under the Corrections Act 1986;

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assessment report means a report of a kind that complies with section 109;

authorised instrument of restraint means an instrument, or a type of instrument, that is approved under section 55D of the Corrections Act 1986;

Authority means the Post Sentence Authority established by section 192C;

certificate of available resources means a certificate prepared by the Secretary under section 195;

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

Commissioner has the same meaning as it has in the Corrections Act 1986;

community-based disposition means the following orders under the Sentencing Act 1991—

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

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

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

(c)that part of an old combined custody and treatment order, (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991) that is served in the community;

community corrections officer has the same meaning as it has in the Corrections Act 1986;

coordinated services plan means a plan referred to in section 192ZI;

custodial sentence means—

(a)an order made by a court sentencing an offender to be imprisoned or detained in a prison or police gaol in respect of an offence; or

(b)that part of an old combined custody and treatment order, (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991) that the offender serves in a prison; or

(c)an order made by a court sentencing an offender to be detained in a youth justice centre in respect of an offence, to the extent that the offender serves any part of that sentence in a prison or police gaol; or

(d)an order made under section 18M of the Sentencing Act 1991; or

(e)an order made under section 31(5)(a) or 31(5)(b) of the Sentencing Act 1991 (as in force before the commencement of section 18 of the Sentencing Amendment (Community Correction Reform) Act 2011); or

(ea)an order made under section 83AR(1)(a) or (b) of the Sentencing Act 1991 (as in force before the commencement of section 21 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013); or

(f)a hospital security order—

but does not include—

(g)a suspended sentence of imprisonment except as provided in paragraph (e); or

(h)an order made under section 18ZT or 19 of the Sentencing Act 1991; or

(i)an order made under section 59 of the Corrections Act 1986; or

(j)an order referred to in paragraph (c) in respect of any part of the sentence served in a prison or police gaol solely on a temporary basis pending the offender's return to a youth justice centre;

Department means Department of Justice and Regulation;

designated mental health service has the same meaning as it has in the Mental Health Act 2014;

detention order means—

(a)a detention order made by the Supreme Court under section 36 or section 74; or

(b)a renewed detention order made under Division 4 of Part 3; or

(c)a detention order revived by the Court of Appeal under section 101(1)(f);

Director of Public Prosecutions means the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975;

*                *                *                *                *

eligible offender has the meaning set out in section 4;

health service provider has the same meaning as in the Health Complaints Act 2016;

hospital security order means an order made under section 93A of the Sentencing Act 1991;

immigration detention has the same meaning as in section 5 of the Migration Act 1958 of the Commonwealth;

indefinite sentence has the same meaning as it has in the Sentencing Act 1991;

interim detention order means—

(a)an order made by the Supreme Court on an application under section 51; or

(b)an interim detention order revived by the Court of Appeal under section 101(1)(f);

interim order means an interim supervision order or an interim detention order;

interim supervision order means—

(a)an order made by the Supreme Court or the County Court on an application under section 50; or

(b)an interim supervision order revived by the Court of Appeal under section 101(1)(f);

medical expert means a psychiatrist, psychologist or other health service provider of a prescribed kind;

notice to attend means a notice served under section 192P(1) requiring a person to attend a meeting of the Authority;

notice to produce means a notice served under section 192P(1) requiring a person to produce a specified document or other thing to the Authority;

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

parole order means an order under section 74 of the Corrections Act 1986;

physical examination means an examination of a person's body that involves touching of the person or removal of the person's clothing;

police gaol has the same meaning as it has in the Corrections Act 1986;

police officer has the same meaning as in the Victoria Police Act 2013;

prison has the same meaning as it has in the Corrections Act 1986;

prison officer has the same meaning as it has in the Corrections Act 1986;

progress report means a report under Division 2 of Part 8;

proper officer, in relation to a court, means the officer or officers of that court prescribed by rules of that court for the purpose of the provision in which the term is used;

psychologist means—

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

(b)a person who is qualified or registered to practise psychology in a place outside Australia;

relevant offence means an offence listed in Schedule 1;

residential facility means premises appointed under section 133 to be a residential facility;

responsible agency means—

(a)the Secretary;

(b)the Secretary to the Department of Health and Human Services;

(c)the Chief Commissioner of Police;

(d)a prescribed person or body, if any;

restrictive condition means—

(a)a core condition referred to in section 16(2)(a), (ab), (ac) or (ad);

(b)a condition declared by the court under section 24A to be a restrictive condition;

Secretary means the Secretary to the Department;

specified officer means a person authorised to act as a specified officer under section 158F;

supervision officer means—

(a)a community corrections officer withinthe meaning of the Corrections Act 1986; or

(b)an employee in the public service who is working at a residential facility and engaged in the supervision of offenders or the day to day management of the facility;

supervision order means—

(a)an order made by the Supreme Court or the County Court on an application under Division 1 of Part 2; or

(b)a supervision order made by the Supreme Court under Division 2 of Part 3 or confirmed under section 73; or

(c)a supervision order that is renewed under Division 5 of Part 2; or

(d)a supervision order revived by the Court of Appeal under section 101(1)(f);

violent conduct means conduct of a kind referred to in section 16(2)(ac) or (ad);

violent offence means an offence listed in Schedule 1A;

working day—

(a)in relation to a court, means a day on which the offices of the court are open; and

(b)in relation to the Secretary, means a day on which the principal office of the Department is open.

4Who is an eligible offender?

(1)A person is an eligible offender if—

(a)the person is of or over the age of 18 years; and

(b)a court has at any time (whether before, on or after the commencement of this Act) imposed a custodial sentence on the person in respect of a relevant offence; and

(c)at the time at which an application is made under Division 1 of Part 2 for a supervision order, or under Division 1 of Part 3 for a detention order, in respect of the person, he or she is serving in Victoria—

(i)a custodial sentence for a relevant offence (a relevant sentence); or

(ii)another custodial sentence served concurrently with the relevant sentence or cumulatively on the relevant sentence or on another sentence that was uncompleted at the time of completion of the relevant sentence, whether that other sentence was, or those sentences were, imposed before, at the same time or after the relevant sentence.

(2)A person is an eligible offender if at the time at which an application is made under Division 1 of Part 2 for a supervision order, or under Division 1 of Part 3 for a detention order—

(a)the person is remanded in custody, or is serving a custodial sentence, in a prison in respect of an offence; and

(b)the person—

(i)is subject to a supervision order or a detention order or an interim order; or

(ii)was subject to a supervision order or a detention order or an interim order at the time that the person was remanded or commenced serving a sentence of imprisonment for the offence; or

(iii)was an eligible offender who was the subject of an application for a supervision order or a detention order at the time the person was remanded or commenced serving a sentence of imprisonment for the offence.

(3)A person is an eligible offender in relation to an application for a detention order if the person is subject to a supervision order or an interim order.

(4)A person is an eligible offender in relation to an application for a supervision order if the person is subject to a detention order or an interim order.

(4A)A person is an eligible offender in relation to an application for a renewal of a supervision order under section 28(1) if the person is subject to a supervision order or an interim supervision order at the time at which the application is made.

(4B)A person is an eligible offender in relation to an application for a renewal of a detention order under section 45(1) if the person is subject to a detention order or an interim detention order at the time at which the application is made.

(5)Despite any other provision of this section a person is not an eligible offender if—

(a)the conviction or finding of guilt in respect of the only relevant offence that makes him or her an eligible offender is set aside by a court; or

(b)his or her sentence in respect of that offence is altered so that he or she would not have been an eligible offender had the amended sentence been the original sentence.

5Offender still serving a sentence when on parole

(1)For the purposes of this Act, an offender is serving a custodial sentence even if he or she is released on parole in respect of that sentence from the prison, police gaol or a designated mental health service in which he or she has been serving that sentence.

(2)For the purposes of this Act, a person is on parole if there is in force a parole order relating to the person and the person is serving the sentence of imprisonment to which the parole order relates but is not detained in a prison, police gaol or designated mental health service.

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6ASafety and protection of the community paramount in any decision under this Act

In making a decision under this Act, a person or body must give paramount consideration to the safety and protection of the community.

6BSex offender registration order under Sex Offenders Registration Act 2004

(1)On the making, confirmation or renewal of a supervision order or a detention order under this Act or a determination under section 78(3)(a) or (b) of a condition on a supervision order, the court must make a sex offender registration order under the Sex Offenders Registration Act 2004 in respect of the offender if the offender is not already subject to that Act.

(2)A sex offender registration order under the Sex Offenders Registration Act 2004 made in the circumstances referred to in subsection (1) must require that the person comply with the reporting obligations under that Act for a period of not less than 15 years.

Note

See section 11(9) and (10) of the Sex Offenders Registration Act 2004.

Part 2—Supervision orders

Division 1—Application for supervision order

7Secretary may apply for a supervision order

(1)This section applies if the Secretary has determined under Part 8 that an application should be made for a supervision order in respect of an eligible offender.

(2)The Secretary may apply to a court for a supervision order in respect of a person who is an eligible offender.

(3)The court to which an application may be made is—

(a)the court that sentenced the offender for the relevant offence, if that court was the Supreme Court or the County Court; or

*                *                *                *                *

(b)the County Court, if the Magistrates' Court sentenced the offender for the relevant offence, irrespective of whether or not the Magistrates' Court was constituted by the Chief Magistrate or another magistrate.

(4)A court must discontinue an application if since it was made the offender has ceased to be an eligible offender because—

(a)the relevant conviction has been set aside on appeal; or

(b)his or her sentence in respect of that offence is altered so that he or she would not have been an eligible offender had the amended sentence been the original sentence.

(5)A court may continue to deal with and determine an application even if since it was made the offender has ceased to be an eligible offender because the custodial sentence has been served or has expired.

(6)For the purposes of this section, a custodial sentence imposed on an offender on appeal in substitution for a sentence imposed by the court against the sentence of which the appeal was brought (the lower court) must be taken to have been imposed by the lower court.

8Form of application

An application under section 7—

(a)must state that a supervision order is sought; and

(b)must be accompanied by at least one assessment report in respect of the eligible offender.

Note

See Part 6 for the procedure in respect of the application.

Division 2—Supervision order

9When may a court make a supervision order?

(1)The court may make a supervision order in respect of an eligible offender only if the court is satisfied that—

(a)the offender poses an unacceptable risk of committing a relevant offence if a supervision order is not made and the offender is in the community; or

(b)in the case of an offender who is serving a custodial sentence or is in custody on remand, the offender will pose an unacceptable risk of committing a relevant offence if a supervision order is not made and the offender is in the community on the offender's release from custody on remand or at the end of the custodial sentence, whichever is earlier.

(2)On hearing the application, the court may decide that it is satisfied as required by subsection (1) only if it is satisfied—

(a)by acceptable, cogent evidence; and

(b)to a high degree of probability—

that the evidence is of sufficient weight to justify the decision.

(3)Subject to this Division, in determining whether or not the eligible offender poses an unacceptable risk as set out in subsection (1), the court must have regard to—

(a)subject to section 113, any assessment report or progress report filed in court, whether by or on behalf of the Secretary or the offender; and

(b)any other report made, or evidence given, in relation to the application; and

(c)anything else the court considers appropriate.

(4)In determining whether or not the offender poses an unacceptable risk as set out in subsection (1), the court must not consider the means of managing the risk or the likely impact of a supervision order on the offender.

(5)For the avoidance of doubt the court may determine under subsection (1) that an offender poses an unacceptable risk of committing a relevant offence even if the likelihood that the offender will commit a relevant offence is less than a likelihood of more likely than not.

(6)The Secretary has the burden of proving that the offender poses an unacceptable risk of committing a relevant offence.

(7)If the court is satisfied as required by subsection (1), the court may—

(a)make a supervision order; or

(b)make no order.

10Supervision order

(1)A supervision order must state that the court is satisfied that the offender poses an unacceptable risk of committing a relevant offence if a supervision order is not made and the offender is in the community.

(2)A supervision order must specify—

(a)the name of the offender in respect of whom the order is made; and

(b)the date on which the order is made; and

(c)the date on which the order commences as provided by section 11; and

(d)the period of the order as provided by section 12; and

(e)the conditions of the order as provided under Division 3; and

(f)the latest date by which the application for the first review of the order must be made under Part 5 and the maximum intervals between subsequent reviews.

(3)A supervision order must be signed by the judge comprising the court that made it and include his or her name.

11Commencement of supervision order

(1)If at the time of the making of a supervision order the offender is serving a custodial sentence, the order commences on the day on which he or she completes the custodial sentence or any consecutive custodial sentence.

(1A)If at the time of the making of a supervision order the offender is remanded in custody, the order commences on the day on which the offender is released from custody on remand.

(2)If at the time of the making of a supervision order the offender is not in custody on remand or serving a custodial sentence, the order commences on the commencement date specified in the order.

(3)Despite subsection (2), if at the time of the making of a supervision order the offender is in immigration detention, the order commences on the day on which the offender is released from immigration detention.

12Period of supervision order

(1)Unless sooner revoked, the period of a supervision order is the period (not exceeding 15 years) determined by the court and specified in the order.

(2)If an offender who is subject to a supervision order commences to serve a custodial sentence or is taken into custody on remand after the commencement of the order, the time spent in serving that sentence or in custody on remand is to be taken into account in calculating the remaining period of the order.

(3)However the offender is not subject to the conditions of the order while the offender is serving that sentence or is in custody on remand.

(4)The offender becomes subject to the conditions of the supervision order again on the offender's release on parole or at the end of the custodial sentence, whichever is earlier.

(4A)If an offender who is subject to a supervision order is taken into immigration detention after the commencement of the order—

(a)the time spent in immigration detention is not to be taken into account in calculating the remaining period of the detention order; and

(b)the offender is not subject to the conditions of the order while the offender is in immigration detention; and

(c)the offender again becomes subject to the supervision order and the conditions of the supervision order on the offender's release from immigration detention.

(5)If an offender is subject to a supervision order and is sentenced to a community-based disposition, the community-based disposition is to be served concurrently with the operation of the supervision order.

13Effect of new supervision order on existing supervision order

(1)If a supervision order (the new order) is made in respect of an offender who is already subject to a supervision order (the old order), the old order is revoked on the commencement of the new order.

(2)The period of the new order is, unless the new order is sooner revoked, the period determined by the court under section 12, irrespective of how much of the old order remained unexpired at the time it was revoked.

14Copy of supervision order

If the court makes a supervision order, the Secretary must cause a copy of the order to be given as soon as practicable to—

(a)the Authority; and

(b)the Adult Parole Board if—

(i)at the time the order is made, the offender is serving a custodial sentence; or

(ii)the offender commences serving a custodial sentence before the expiry or revocation of the order.

Division 3—Conditions of supervision order

15Conditions of supervision order

(1)A supervision order is subject to conditions imposed by the court.

(2)The conditions are—

(a)core conditions imposed under section 16; and

(b)any other conditions imposed under this Division.

(3)The primary purpose of the conditions is to reduce the risk of re-offending by the offender whether by committing a relevant offence or a violent offence or by engaging in violent conduct or any one or more of these.

(4)The secondary purpose of the conditions is to provide for the reasonable concerns of the victim or victims of the offender in relation to their own safety and welfare.

(5)In order to reduce the risk of re-offending by the offender, the conditions may promote the rehabilitation and treatment of the offender.

(6)The court must ensure that any conditions of a supervision order (other than the core conditions)—

(a)constitute the minimum interference with the offender's liberty, privacy or freedom of movement that is necessary in the circumstances to ensure the purposes of the conditions; and

(b)are reasonably related to the gravity of the risk of the offender re-offending.

16Core conditions of supervision order

(1)A supervision order must be made subject to all the conditions set out in subsection (2).

(2)The core conditions of a supervision order are that during the period of the order the offender must—

(a)not commit a relevant offence in Victoria or elsewhere;

(ab)not commit a violent offence in Victoria or elsewhere;

(ac)if the court requires, or the Authority directs, an offender to reside at a residential facility, not engage in conduct that poses a risk to the good order of the residential facility or the safety and welfare of offenders or staff at the residential facility or visitors to the residential facility;

(ad)not engage in conduct that threatens the safety of any person, including the offender;

(b)attend at any place as directed by the Authority for the purpose of administering the conditions of the order;

(c)attend at any place directed by the Authority for the purpose of making assessments required by the court, the Secretary or the Director of Public Prosecutions for the purposes of this Act (including a personal examination by a medical expert for the purpose of providing the court with a report to assist it to determine the need for, or form of, any of the conditions of the order);

(d)report to, and receive visits from, the Secretary or any person nominated by the Secretary for the purposes of this paragraph;

(e)notify the Authority of any change of employment or new employment (whether paid or unpaid) at least 2 clear days before the date of commencing the new or changed employment;

(f)not leave Victoria except with the permission of the Authority granted either generally or in relation to the particular case;

(g)if the court requires, or the Authority directs, an offender to reside at a residential facility, obey all instructions given by a supervision officer or a specified officer under section 137;

(h)comply with any directions given by the Authority under the emergency power in section 120;

(i)obey all instructions given by a community corrections officer or a specified officer under section 151.

17Suggested conditions

(1)In addition to the core conditions, the court must consider imposing conditions relating to—

(a)where the offender may reside (including whether he or she may reside at a residential facility);

(b)times at which the offender must be at his or her place of residence;

Example

A condition that the offender must be at home between the hours of 7 a.m. and 10 a.m. Monday to Friday.

(c)the conditions under which the offender may leave his or her place of residence;

(d)places or areas that the offender must not visit or may only visit at specified times;

(e)treatment or rehabilitation programs or activities that the offender must attend and participate in;

(f)requiring that the offender must not consume alcohol;

(g)requiring that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;

(h)requiring that the offender must submit, as required by the order, to breath testing, urinalysis or other test procedures (other than blood tests) approved by the Secretary or the Chief Commissioner of Police for detecting alcohol or drug use;

(i)the types of employment in which the offender must not engage;

(j)types of behaviour that the offender must not engage in, where that behaviour—

(i)was preparatory to the offender's prior relevant offences; or

(ii)may increase the risk of the offender committing a relevant offence or a violent offence or engaging in violent conduct or any one or more of these;

(k)community activities in which the offender must not engage;

(l)persons or classes of person with whom the offender must not have contact;

Examples

1     Persons under 18 years of age.

2     Victims of the offender and their families.

(m)forms of monitoring (including electronic monitoring) of compliance with the supervision order to which the offender must submit;

(n)personal examinations by a medical expert which the offender must attend for the purpose of providing a report to the Authority to assist it in determining the need for, or form of, any direction it is permitted to give to the offender under the order.

(1A)If the court imposes a condition of a kind referred to in subsection (1)(m) requiring the offender to submit to electronic monitoring of the offender's compliance with the supervision order, the court must also impose the following conditions—

(a)the offender must comply with any direction given by the Authority relating to the electronic monitoring;

(b)the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the offender at the direction of the Authority which the offender must ensure remains operational (including being charged) at all times;

(c)the offender must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring;

(d)the offender must accept any visit by the Secretary to the place where the offender resides, at any time that it is reasonably necessary and for any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring of the offender's compliance with the supervision order.

Note

See also section 20 regarding conditions authorising the Authority to give directions in relation to the operation of any condition.

(2)Subject to subsection (1A) and sections 15(3) and (4), the court may impose any condition it considers appropriate under this section.

18Conditions relating to where an offender is to reside

(1)In considering imposing a condition under section 17(1)(a) as to where an offender is to reside, the court must consider whether or not the offender should reside in a residential facility.

(2)The court may impose a condition under section 17 that an offender is to reside in a residential facility if no other suitable accommodation is available.

19Other discretionary conditions

(1)The court may also impose any other conditions that it considers appropriate—

(a)to reduce the risk of re-offending by the offender whether by committing a relevant offence or a violent offence or by engaging in violent conduct or any one or more of these; or

(b)to provide for the reasonable concerns of the victim or victims of the offender in relation to their own safety and welfare.

(2)Conditions imposed for the purposes of subsection (1)(a) may include conditions promoting the rehabilitation, and treatment,
of the offender.

Examples

1A condition requiring the offender to comply with the directions of the Authority in relation to appropriate Internet access.

2A condition prohibiting Internet access.

3A condition requiring the offender to comply with the directions of the Authority in relation to drug or alcohol use.

4A condition requiring the offender to undergo treatment, or rehabilitation, or programs relating to violent behavior, anger management, conflict resolution or the improvement of interpersonal relationships or interpersonal skills.

5A condition requiring the offender to comply with the directions of the Authority in relation to computers and other devices (as defined in section 158H(5)) in the possession or control of the offender for the purposes of auditing by a supervision officer, specified officer or police officer.

20Condition authorising Authority to give directions

(1)The power of the court to impose conditions under this Division includes—

(a)a power to impose a condition authorising the Authority to give directions to an offender in relation to the operation of any condition; and

(b)a power to impose a condition authorising the Authority to give a direction that an offender is to reside at a residential facility or prohibiting the Authority from giving such a direction; and

(c)if the court has imposed a condition under paragraph (b) authorising the Authority to give a direction that an offender is to reside at a residential facility, a power to impose a condition authorising the Authority to give directions relating to any of the following—

(i)the times at which the offender must be at the residential facility;

(ii)the conditions under which the offender may leave the residential facility;

(iii)the monitoring (including electronic monitoring) of the offender's compliance with a direction that the offender reside at the residential facility.

Examples

1 A condition that the offender comply with all reasonable directions of the Authority in relation to the times at which the offender must be at his or her nominated place of residence in order to reduce any risk of contact with children.

2 A direction that the offender remain at his or her nominated place of residence between the hours of 7 a.m. and 10 a.m., Monday to Friday, unless otherwise directed by the Authority.

(1A)If the Authority gives a direction authorised by a condition of a kind referred to in subsection (1)(c)(iii) relating to electronic monitoring, the Authority must also give the following directions—

(a)the offender must comply with any direction given by the Authority relating to the electronic monitoring;

(b)the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the offender at the direction of the Authority;

(c)the offender must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring;

(d)the offender must accept any visit by the Secretary to the residential facility, at any time that it is reasonably necessary and for any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring of the offender's compliance with the direction that the offender reside at the residential facility.

(2)The Authority should aim to ensure that any directions it gives—

(a)constitute the minimum interference with the offender's liberty, privacy or freedom of movement that is necessary in the circumstances to ensure the purposes of the conditions; and

(b)are reasonably related to the gravity of the risk of the offender re-offending whether by committing a relevant offence or a violent offence or by engaging in violent conduct or any one or more of these.

(3)It is a condition of a supervision order that the offender comply with any direction given under an authorisation referred to in subsection (1).

21Submissions relating to conditions

The Secretary and the offender may make submissions to the court in relation to the conditions of a supervision order.

Note

A victim of the offender may also make a submission, see Division 4 of Part 6.

22Certificate of available resources

(1)The Secretary may provide the court with a certificate of available resources.

(2)The court must consider any certificate of available resources provided by the Secretary.

(3)The court may require the Secretary to give evidence or to provide the court with a further certificate to clarify or expand on the matters dealt with in the certificate of available resources.

(4)The court must not impose a condition on a supervision order that is inconsistent with the certificate of available resources.

23Court to consider victim submissions

Before imposing any condition (other than a core condition) on a supervision order, the court—

(a)must consider any victim submission it receives in relation to the matter under Division 4 of Part 6; and

(b)may, in its absolute discretion, give the submission the weight that the court sees fit in determining whether to impose the condition on the supervision order.

24Temporary conditions

(1)The court may, in a particular case, impose a temporary condition (other than a core condition) on a supervision order to apply for a specified period not exceeding 6 months.

(2)The court may require the parties to the application for the supervision order to attend the court before the end of that specified period for a hearing for the purpose of imposing final conditions on the supervision order.

(3)At the hearing—

(a)the Secretary may provide a new certificate of available resources; and

(b)the parties may make further submissions in relation to the proposed final conditions.

(4)Division 2 of Part 6 applies to a hearing under subsection (2).

24ACourt may declare a condition to be a restrictive condition

(1)Subject to this section, on the making or renewal of a supervision order, or on a review of the order or a condition of the order, the court may declare that any of the following conditions of the order is a restrictive condition—

(a)that the offender must not consume alcohol;

(b)that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;

(c)that the offender must reside at a specified place (including whether the offender is to reside at a residential facility);

(d)that the offender must be at the offender's place of residence between specified times;

(e)that the offender may only leave the offender's place of residence in accordance with specified conditions;

(f)that the offender must not visit a specified place or area or may only visit the place or area at specified times;

(g)that the offender must not have contact with a specified person or class of person.

(2)A core condition under section 16(2)(a), (ab), (ac) or (ad) must not be declared to be a restrictive condition under this section.

Note

These conditions are restrictive conditions by operation of this Act: see paragraph (a) of the definition of restrictive condition in section 3.

(3)A declaration under subsection (1) may only be made—

(a)on the application of the Secretary; and

(b)if the court is satisfied on reasonable grounds that the declaration is necessary to address the risk of harm (including sexual harm or violence or both) to the community presented by the offender.

Note

See Part 6 for the procedure in respect of the application.

(4)In considering whether to make a declaration under subsection (1), the court must have regard to the antecedents of the offender, including any previous breaches of a supervision order.

Note

It is an offence under section 160 to fail to comply with a condition of a supervision order without a reasonable excuse.

(5)Whether or not the court makes a declaration under subsection (1), the court must make any variation or addition to the core provisions of the supervision order that is necessary to ensure the core conditions accord with section 16 if amendments to section 16 which amend the core conditions to which the supervision order is subject have come into operation since the supervision order was made or last renewed or reviewed.

Division 4—Expiry of supervision order

25Expiry of supervision order

A supervision order expires on the first of the following to occur—

(a)at the end of its period of operation; or

(b)on its revocation by a court on a review under Part 5 or on appeal under Part 7; or

(c)on it being replaced by another supervision order or a detention order; or

(d)on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; or

(e)on the death of the offender.

26Notices in relation to indefinite sentence

(1)The Director of Public Prosecutions must ensure that the Secretary is notified as soon as practicable if an indefinite sentence is imposed on an offender who is subject to a supervision order.

(2)As soon as practicable after being notified under subsection (1), the Secretary must cause notice of the indefinite sentence and of its effect on the supervision order to be given to the Authority.

27Effect of expiry of supervision order

On the expiry of a supervision order, the offender ceases to be subject to the conditions of the order and to any directions given by the Authority under the order.

Division 5—Renewal of supervision order

28Renewal of supervision order

(1)The Secretary may, at any time while a supervision order is in force, apply to the court that made the order for it to be renewed.

(2)An application may continue to be dealt with and determined by the court even if since it was made the supervision order sought to be renewed has expired.

(3)Subject to this Division, this Act (with any necessary modifications) applies to an application under subsection (1) in the same way as it applies to an application under section 7.

(4)An application for renewal of a supervision order may be accompanied by a progress report in respect of the offender instead of an assessment report.

(5)More than one application may be made under subsection (1) for the renewal of a supervision order in respect of an offender.

(6)The expiry of the supervision order sought to be renewed before it is renewed does not prevent the order being made renewing the supervision order or it having effect as a renewed supervision order.

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

28ADetermination of application to renew supervision order

(1)On an application under section 28 to renew a supervision order, the court may—

(a)renew the supervision order; or

(b)revoke the supervision order; or

(c)decide not to renew or revoke the supervision order.

(2)If the court renews a supervision order, the court may vary, add to or remove any conditions of the supervision order or direct a different period for the period between applications for review.

29Renewed supervision order

(1)A renewed supervision order must state that the court making it is satisfied that the offender poses an unacceptable risk of committing a relevant offence if a supervision order is not made and the offender is in the community.

(2)A renewed supervision order must specify—

(a)the name of the offender in respect of whom the order is made; and

(b)the date on which the order is made; and

(c)the date on which the order commences as provided by section 30; and

(d)the period of the order as provided by section 12; and

(e)the conditions of the order as provided by Division 3; and

(f)the latest date by which the application for the first review of the order must be made under Part 5 and the maximum intervals between subsequent reviews.

(3)A renewed supervision order must be signed by the judge comprising the court that made it and include his or her name.

30Commencement of renewed supervision order

A renewed supervision order commences on the date specified in the order whether or not the previous order has expired.

31Effect of renewed order

(1)This Act applies to a renewed supervision order in the same way that it applies to any other supervision order.

(2)On the making of a renewed supervision order any requirement to seek a review of the previous supervision order ceases.

32Copy of renewing order

If the court makes an order renewing a supervision order, the Secretary must cause a copy of the renewing order to be given as soon as practicable to—

(a)the Authority; and

(b)the Adult Parole Board if—

(i)at the time the renewing order is made, the offender is serving a custodial sentence; or

(ii)the offender commences serving a custodial sentence before the expiry or revocation of the renewed supervision order.

Part 3—Detention orders

Division 1—Application for detention order

33Director of Public Prosecutions may apply for a detention order

(1)This section applies if the Director of Public Prosecutions has determined under Part 8 to apply for a detention order in respect of an eligible offender.

(2)The Director of Public Prosecutions may apply to the Supreme Court to make a detention order in respect of a person who is an eligible offender.

(3)The Supreme Court must discontinue an application if since it was made the offender has ceased to be an eligible offender because—

(a)the relevant conviction has been set aside on appeal; or

(b)his or her sentence in respect of that offence is altered so that he or she would not have been an eligible offender had the amended sentence been the original sentence.

(4)The Supreme Court may determine an application even if, since the application was made, the offender has ceased to be an eligible offender because—

(a)the custodial sentence has been served or has expired; or

(b)the eligible offender is no longer subject to a supervision order.

34Form of application

An application under section 33 must—

(a)state that a detention order is sought; and

(b)be accompanied by—

(i)at least one assessment report in respect of the eligible offender; or

(ii)if the eligible offender is subject to a supervision order, a progress report and the last assessment report in respect of the offender.

Note

See Part 6 for the procedure in respect of the application.

Division 2—Detention order

35Court must first be satisfied that there is an unacceptable risk

(1)On an application under section 33, the Supreme Court may make an order in respect of an eligible offender only if the Court is satisfied that—

(a)the offender poses an unacceptable risk of committing a relevant offence if a detention order or supervision order is not made and the offender is in the community; or

(b)in the case of an offender who is serving a custodial sentence or is in custody on remand, the offender will pose an unacceptable risk of committing a relevant offence if a detention order or supervision order is not made and the offender is in the community on the offender's release from custody on remand or at the end of the custodial sentence, whichever is earlier.

(2)In determining whether the offender is likely to commit a relevant offence in the circumstances described in subsection (1), the Supreme Court must, subject to this Division, have regard to—

(a)any assessment report or progress report filed in the Court, whether by or on behalf of the Director of Public Prosecutions or the offender; and

(b)any other report made, or evidence given, in relation to the application; and

(c)anything else the Court considers appropriate.

(3)In determining whether or not the offender poses an unacceptable risk as set out in subsection (1), the Supreme Court must not consider the means of managing the risk or the likely impact of a detention order or supervision order on the offender.

(4)For the avoidance of doubt the Supreme Court may determine under subsection (1) that an offender poses an unacceptable risk of committing a relevant offence even if the likelihood that the offender will commit a relevant offence is less than a likelihood of more likely than not.

(5)The Director of Public Prosecutions has the burden of proving that the offender poses an unacceptable risk as set out in subsection (1).

36Decision to make order

(1)If the Supreme Court is satisfied that the unacceptable risk set out in section 35(1) exists, the Court before making a detention order must be satisfied that the risk of the offender committing a relevant offence would be unacceptable unless a detention order were made.

(2)For the avoidance of doubt the Supreme Court may determine under subsection (1) that an offender poses an unacceptable risk of committing a relevant offence even if the likelihood that the offender will commit a relevant offence is less than a likelihood of more likely than not.

(3)If the Supreme Court is satisfied that the risk would be unacceptable unless a detention order were made, it may make a detention order in respect of the offender.

(4)If it is not satisfied that the risk would be unacceptable unless a detention order were made, the Supreme Court may make a supervision order in respect of the offender.

(5)The Supreme Court may make no order in circumstances where it is empowered to make a detention order or supervision order under this section.

(6)Divisions 2 to 4 of Part 2 (with any necessary modifications) apply to the making of a supervision order under this section as if it were a supervision order made under that Part.

37Evidence to be of sufficient weight to justify decision

The Supreme Court may decide that it is satisfied as required by section 35(1) or 36(1) only if it is satisfied—

(a)by acceptable, cogent evidence; and

(b)to a high degree of probability—

that the evidence is of sufficient weight to justify the decision.

38Detention order

(1)A detention order must state that the Supreme Court is satisfied that the offender poses an unacceptable risk of committing a relevant offence if the detention order is not made and the offender is in the community.

(2)A detention order must also specify—

(a)the name of the offender in respect of whom the order is made; and

(b)the date on which the order is made; and

(c)the date on which the order commences as provided by section 39; and

(d)the period of the order as provided by section 40; and

(e)the latest date by which an application for the first review of the order must be made under Part 5 and the maximum intervals between subsequent reviews.

(3)A detention order must be signed by the judge who made it and include his or her name.

39Commencement of detention order

(1)If at the time of the making of a detention order the offender is serving a custodial sentence, the order commences on the day on which he or she completes the service of the custodial sentence or any consecutive custodial sentence.

(1A)If at the time of the making of a detention order the offender is remanded in custody, the order commences on the day on which the offender is released from custody on remand.

(2)If at the time of the making of a detention order the offender is not in custody on remand or serving a custodial sentence, the order commences on the commencement date specified in the order.

(3)Despite subsection (2), if at the time of the making of a detention order the offender is in immigration detention, the order commences on the day on which the offender is released from immigration detention.

40Period of detention order

(1)Unless sooner revoked, the period of a detention order is the period (not exceeding 3 years) determined by the Supreme Court and specified in the order.

(2)If an offender who is subject to a detention order commences serving a custodial sentence or is taken into custody on remand after the commencement of the order, the time spent in serving that sentence or in custody on remand is to be taken into account in calculating the remaining period of the order.

(3)However section 115 does not apply to the offender while the offender is serving that sentence.

(3A)If an offender who is subject to a detention order is taken into immigration detention after the commencement of the order—

(a)the time spent in immigration detention is not to be taken into account in calculating the remaining period of the order; and

(b)the offender again becomes subject to the detention order on the offender's release from immigration detention.

(4)Subsection (3) ceases to apply on the offender's release on parole.

(5)If an offender is subject to a detention order and is sentenced to a community-based disposition, the community-based disposition commences on the expiry of the detention order.

41Effect of new detention order on existing detention order

(1)If a detention order (the new order) is made in respect of an offender who is already subject to a detention order (the old order), the new order replaces the old order and the old order is revoked on the commencement of the new order.

(2)The period of the new order is, unless the new order is sooner revoked, the period determined by the Supreme Court under section 40, irrespective of the period of the old order that remained unexpired at the time it was revoked.

42Effect of detention order

The effect of a detention order is to commit the offender to detention in a prison for the period of the order.

Note

See Part 9 in relation to the management of an offender on a detention order.

43Copy of detention order

If the Supreme Court makes a detention order, the Director of Public Prosecutions must cause a copy of the detention order to be given as soon as practicable to—

(a)the Secretary; and

(b)the Authority; and

(c)the Adult Parole Board if—

(i)at the time the detention order is made, the offender is serving a custodial sentence; or

(ii)the offender commences serving a custodial sentence before the expiry or revocation of the detention order.

Division 3—Expiry of detention order

44Expiry of detention order

A detention order expires on the first of the following to occur—

(a)at the end of its period of operation; or

(b)on its revocation by a court on a review under Part 5 or on appeal under Part 7; or

(c)on it being replaced by another detention order or a supervision order; or

(d)on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; or

(e)on the death of the offender.

Division 4—Renewal of detention order

45Renewal of detention order

(1)The Director of Public Prosecutions may, at any time while a detention order is in force, apply to the Supreme Court for the order to be renewed.

(2)An application may continue to be dealt with and determined by the Supreme Court even if since it was made the detention order sought to be renewed has expired.

(3)Subject to this Division, this Act (with any necessary modifications) applies to an application under subsection (1) in the same way as it applies to an application under section 33.

(4)An application for renewal of a detention order may be accompanied by a progress report in respect of the offender instead of an assessment report.

(5)More than one application may be made under subsection (1) for the renewal of a detention order in respect of an offender.

(6)The expiry of the detention order sought to be renewed before it is renewed does not prevent the order being made renewing the detention order or it having effect as a renewed detention order.

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

45ADetermination of application to renew detention order

(1)On an application under section 45 to renew a detention order, the Supreme Court may—

(a)renew the detention order; or

(b)revoke the detention order; or

(c)decide not to renew or revoke the detention order; or

(d)make a supervision order, an interim supervision order or an interim detention order.

Note

See also section 36(4), (5) and (6).

(2)If the Supreme Court renews a detention order, the Supreme Court may vary the period of the detention order.

46Renewed detention order

(1)A renewed detention order must state that the Supreme Court is satisfied that the offender poses an unacceptable risk of committing a relevant offence if the detention order is not made and the offender is in the community.

(2)A renewed detention order must specify—

(a)the name of the offender in respect of whom the order is made; and

(b)the date on which the order is made; and

(c)the date on which the order commences as provided by section 47; and

(d)the period of the order as provided by section 40; and

(e)the latest date by which an application for the first review of the order must be made under Part 5 and the maximum intervals between subsequent reviews.

(3)A renewed detention order must be signed by the judge who made it and include his or her name.

47Commencement of renewed order

A renewed detention order commences on the date specified in the order whether or not the previous order has expired.

48Effect of renewed order

(1)This Act applies to a renewed detention order in the same way as it applies to any other detention order.

(2)On the making of a renewed detention order, any requirement to seek a review of the previous order ceases.

49Copy of renewing order

If the Supreme Court makes an order renewing a detention order, the Director of Public Prosecutions must cause a copy of the renewing order to be given as soon as practicable to—

(a)the Secretary; and

(b)the Authority; and

(c)the Adult Parole Board if—

(i)at the time the renewing order is made, the offender is serving a custodial sentence; or

(ii)the offender commences serving a custodial sentence before the expiry or revocation of the renewed detention order.

Part 4—Interim orders

Division 1—Application for interim order

50Secretary may apply for interim supervision order

(1)The Secretary may apply to a court for an interim supervision order in respect of an offender who is the subject of—

(a)an application under section 7 for a supervision order; or

(b)an application under section 28 for renewal of a supervision order.

Note

See Part 6 for the procedure in respect of the application.

(2)An application under this section may be made at the time of making the application referred to in subsection (1)(a) or (1)(b) or at any subsequent time before that application is determined, whether or not—

(a)in the case of an application referred to in subsection (1)(a), the offender has ceased to be an eligible offender because he or she is no longer serving a custodial sentence as required by section 4; or

(b)in the case of an application referred to in subsection (1)(b), the supervision order has expired.

(3)An application under this section must be made to the same court as that to which the application referred to in subsection (1)(a) or (1)(b) was made.

(4)More than one application may be made under this section for an interim supervision order in respect of an offender.

51Director of Public Prosecutions may apply for interim detention order

(1)The Director of Public Prosecutions may apply to the Supreme Court for an interim detention order in respect of an offender who is the subject of—

(a)an application under section 33 for a detention order; or

(b)an application under section 45 for renewal of a detention order.

Note

See Part 6 for the procedure in respect of the application.

(2)An application under this section may be made at the time of making the application referred to in subsection (1)(a) or (1)(b) or at any subsequent time before that application is determined, whether or not—

(a)in the case of an application referred to in subsection (1)(a), the offender has ceased to be an eligible offender because he or she is no longer serving a custodial sentence as required by section 4; or

(b)in the case of an application referred to in subsection (1)(b), the detention order has expired.

(3)More than one application may be made under this section for an interim detention order in respect of an offender.

52When court may determine application if offender is no longer serving custodial sentence

(1)A court must not continue to deal with an application under section 50 or 51 if since it was made the offender has ceased to be an eligible offender because—

(a)the relevant conviction has been set aside on appeal; or

(b)his or her sentence in respect of that offence is altered so that he or she would not have been an eligible offender had the amended sentence been the original sentence.

(2)A court may continue to deal with and determine an application under section 50 even if since it was made the offender has ceased to be an eligible offender because the custodial sentence has been served or has expired.

(c)section 15B (causing serious injury recklessly in circumstances of gross violence);

(d)section 16 (causing serious injury intentionally);

(e)section 17 (causing serious injury recklessly);

(f)section 18 (causing injury intentionally or recklessly);

(g)section 19 (administering certain substances);

(h)section 20 (threats to kill);

(i)section 21 (threats to inflict serious injury);

(j)section 21A (stalking);

(k)section 22 (conduct endangering life);

(l)section 23 (conduct endangering persons);

(m)section 24 (negligently causing serious injury);

(n)section 25 (setting traps etc. to kill);

(o)section 26 (setting traps etc. to cause serious injury);

(p)section 27 (extortion with threat to kill);

(q)section 28 (extortion with threat to destroy property etc.);

(r)section 29 (using firearm to resist arrest etc.);

(s)section 30 (threatening injury to prevent arrest);

(t)section 31 (assaults);

(u)section 31A (use of firearms in commission of offences);

(v)section 31B (being armed with criminal intent);

(w)section 32 (performing female genital mutilation);

(x)section 33 (taking person from Victoria with intention of having prohibited female genital mutilation performed);

(y)section 63A (kidnapping);

(z)section 75 (robbery);

(za)section 75A (armed robbery);

(zb)section 76 (burglary);

(zc)section 77 (aggravated burglary);

(zca)section 195H (affray);

(zcb)section 195I (violent disorder);

(zd)section 197 (destroying or damaging property);

(ze)section 197A (arson causing death);

(zf)section 198 (threats to destroy or damage property);

(zg)section 199 (possessing anything with intent to destroy or damage property);

(zh)section 317 (offences connected with explosive substances);

(zi)section 317A (bomb hoaxes).

4An offence at common law of kidnapping.

5An offence at common law of false imprisonment.

6An offence at common law of common assault.

7An offence against any of the following sections of the Family Violence Protection Act 2008—

(a)section 37 (contravention of family violence safety notice);

(b)section 37A (contravention of family violence safety notice intending to cause harm or fear for safety);

(c)section 123 (contravention of family violence intervention order);

(d)section 123A (contravention of family violence intervention order intending to cause harm or fear for safety);

(e)section 125A (persistent contravention of family violence safety notice or family violence intervention order).

8An offence against section 100 (contravention of personal safety intervention order) of the Personal Safety Intervention Orders Act 2010.

9An offence that, at the time it was committed, was an offence listed in this Schedule.

10An offence of conspiracy to commit, incitement to commit or attempting to commit an offence listed in this Schedule.

11An offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute an offence of a kind listed in this Schedule.

Schedule 2—Transitional provisions

Section 199

1Definitions

In this Schedule—

commencement day means the day on which this Act comes into operation;

extended supervision order has the same meaning as it had in the old Act;

interim extended supervision order has the same meaning as it had in the old Act;

old Act means Serious Sex Offenders Monitoring Act 2005;

new Act means Serious Sex Offenders (Detention and Supervision) Act 2009.

2Interpretation of Legislation Act 1984 not affected

This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

3Old Act to continue in relation to orders under old Act

Despite the repeal of the old Act and subject to this Schedule, the old Act and any regulations under the old Act continue to apply in relation to an extended supervision order (including a suspended order) or interim extended supervision order existing immediately before the commencement day until—

(a)the order is revoked; or

(b)a decision to make the order is quashed or set aside under section 39(1)(d) of the old Act; or

(c)a supervision order or detention order is made in respect of the offender under the new Act.

4Review of extended supervision order

(1)Part 5 of the new Act applies to the review of an extended supervision order as if it were a supervision order under the new Act.

(2)On a review of an extended supervision order under Part 5, if the court determines to confirm the extended supervision order, the court must make a supervision order under the new Act in respect of the offender.

(3)An application for review of an extended supervision order that has been suspended under the old Act may be made by the Secretary at any time during the period of the suspension.

(4)In this section extended supervision order includes an extended supervision order that has been suspended under the old Act.

5Renewal of extended supervision order

Division 5 of Part 2 of the new Act applies to the renewal of an extended supervision order as if it were a supervision order and the court may make a renewed supervision order under that Division in respect of that order.

6Appeals

(1)If, after the commencement day, the Court of Appeal remits a matter to the court under section 39(1)(d) of the old Act, the court must consider the matter as if it were an application by the Secretary for a supervision order under the new Act.

(2)If the Secretary considers that an application should be made for a detention order in respect of the offender, the Secretary may—

(a)ask the court to stay the hearing of the application; and

(b)refer the matter to the Director of Public Prosecutions for consideration under Part 8.

(3)If the Director of Public Prosecutions determines not to apply for a detention order, the Secretary may ask the court to proceed with the matter as an application for a supervision order under the new Act.

(4)On the remittal of a matter under section 39(1)(d) of the old Act after the commencement day, the offender is taken to be an eligible offender for the purpose of any application for a supervision order or a detention order under the new Act.

7Application for an order

Anything done in respect of an application for an extended supervision order or interim extended supervision order in respect of an offender under the old Act that was made but not concluded before the commencement day, is taken to have been done (as far as applicable) for the purposes of the first application for a supervision order in respect of the offender under the new Act.

8Eligible offender

Section 4 of the new Act applies as if—

(a)a reference to a supervision order includes a reference to an extended supervision order; and

(b)a reference to an interim order includes a reference to an interim extended supervision order.

9Victims submissions

(1)This clause applies if a supervision order is made under the new Act in respect of an offender who was subject to an extended supervision order or interim extended supervision order immediately before the commencement day.

(2)A victim submission made under section 16A of the old Act in respect of an offender is taken to be a victim submission made under section 129 of the new Act in respect of the offender.

10Change of name

(1)The old Act does not apply to an application for a change of name by an offender that was made but not approved under that Act before the commencement day.

(2)An offender who is subject to an extended supervision order or interim extended supervision order may apply under Part 12 of the new Act for a change of name as if the offender were subject to a supervision order under the new Act.

11Management of offenders

(1)This clause applies if an offender who is subject to an extended supervision order or an interim extended supervision order resides at a facility which is a residential facility within the meaning of the new Act.

(2)Sections 137 and 142 to 146 of the new Act apply as if the offender were residing at the residential facility under a supervision order or interim supervision order.

12Information sharing

Sections 189 and 190 of the new Act apply in respect of anything done in respect of the old Act after the commencement day as if a reference to this Act included a reference to the old Act.

13Transitional regulations

The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the new Act.

Schedule 3—Further transitional provisions

1Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act 2015

(1)This Act, as amended by Division 1 of Part 2 of the Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act 2015, applies to a supervision order or interim supervision order in force immediately before the commencement of that Division if, after that commencement—

(a)the order is renewed; or

(b)the order is reviewed; or

(c)a condition to which the order is subject is reviewed.

(2)On and after the day on which Division 1 of Part 2 of the Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act 2015 comes into operation, a direction given by the Adult Parole Board that is authorised by a condition of a kind referred to in section 20(1)(c) relating to electronic monitoring that is in effect immediately before that day is taken to include the directions set out in section 20(1A).

2Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016

This Act, as amended by Part 2 of the Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016, applies to a supervision order or an interim supervision order in force immediately before the commencement of that Part if, after that commencement—

(a)the order is renewed; or

(b)the order is reviewed; or

(c)a condition to which the order is subject is reviewed.

Schedule 4—Transitional provisions for Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017

1Definitions

In this Schedule—

commencement day means the day on which section 64A of the Corrections Act 1986 is repealed;

DSO division means the Detention and Supervision Order division of the Adult Parole Board established under section 64A of the Corrections Act 1986 as in force immediately before its repeal.

2General transitional provisions

(1)Unless the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

(2)If a repealed or amended provision of this Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision—

(a)any other repealed or amended provisions necessary to give effect to that continued provision; and

(b)any regulations made for the purposes of that continued provision.

3Decisions of DSO division and Adult Parole Board under this Act

(1)On and from the commencement day, a decision made at a meeting of the DSO division before the commencement day is taken to be a decision made at a meeting of the Authority.

(2)Without limiting subclause (1), on and from the commencement day, a decision made at a meeting of the Adult Parole Board exercising its functions under this Act before the commencement day is taken to be a decision made at a meeting of the Authority.

4Functions and powers of DSO division

On and from the commencement day, an exercise of the Adult Parole Board's functions and powers by the DSO division under this Act or the Corrections Act 1986 or by the Board under this Act before the commencement day is taken to be an exercise of the functions and powers of the Authority.

5Directions given by DSO division

On and from the commencement day, a direction given by the DSO division or the Adult Parole Board under section 119 or 120 before the commencement day is taken to be a direction given by the Authority under the relevant section.

6Instructions given by DSO division

On and from the commencement day, an instruction given by the DSO division or the Adult Parole Board under section 121 before the commencement day is taken to be an instruction given by the Authority under that section.

7References to DSO division

(1)A reference in any Act (other than this Act), subordinate instrument, agreement, instrument, deed or other document to the DSO division (by whatever name described), the DSO Division of the Adult Parole Board or the Adult Parole Board exercising its functions under this Act is be construed as a reference to the Authority—

(a)so far as the reference relates to any period on and from the commencement day; and

(b)if not inconsistent with the subject matter.

(2)A reference in an order made by a court under this Act to the DSO division (by whatever name described), the DSO Division of the Adult Parole Board or the Adult Parole Board exercising its functions under this Act is to be construed as a reference to the Authority—

(a)so far as the reference relates to any period on and from the commencement day; and

(b)if not inconsistent with the subject matter.

8Transitional provisions relating to the Adult Parole Board functions under this Act

On and from the commencement day—

(a)all rights, assets, debts, liabilities and obligations of the Adult Parole Board existing immediately before the commencement day in relation to the functions of the DSO division under this Act or the Adult Parole Board under this Act become the rights, assets, liabilities and obligations of the Authority; and

(b)the Authority is substituted for the Adult Parole Board as a party in any proceeding, contract, agreement, arrangement, lease, licence or permit commenced or made by, against or in relation to the Board in relation to the functions of the DSO division under this Act or the Adult Parole Board under this Act; and

(c)the Authority may continue and complete any other continuing matter or thing commenced by, against or in relation to the Adult Parole Board in relation to the functions of the DSO division under this Act or the Adult Parole Board under this Act.

9Transfer of records, information and documents

All information, documents, reports and records in the possession or control of the Adult Parole Board immediately before the commencement day, whether held under this Act, any other Act or otherwise, in relation to the functions of the DSO division or the Adult Parole Board under this Act—

(a)are transferred to the custody of the Authority on the commencement day; and

(b)are taken to be information, documents, reports and records in the possession or control of the Authority on and from the commencement day.

10Actions not determined

If the Adult Parole Board has received a request or is required to take an action under any provision of this Act, but, on the commencement day, has not determined or finalised the request or action, on and from the commencement day, the Authority may determine or finalise the request or action.

═══════════════

Endnotes

1   General information

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

Minister's second reading speech—

Legislative Assembly: 12 November 2009

Legislative Council: 27 November 2009

The long title for the Bill for this Act was "A Bill for an Act to enhance the protection of the community by requiring offenders who have served custodial sentences for certain sexual offences and who present an unacceptable risk of harm to the community to be subject to ongoing detention or supervision, to amend the Corrections Act 1986 and other Acts and to repeal the Serious Sex Offenders Monitoring Act 2005 and for other purposes."

The Serious Sex Offenders (Detention and Supervision) Act 2009 was assented to on 15 December 2009 and came into operation on 1 January 2010: Government Gazette 24 December 2009 page 3397.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

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

References to ILA s. 39B

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

Interpretation

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

•     Headings

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

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

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

•     Location of "legislative items"

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

•     Other material

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

2   Table of Amendments

This publication incorporates amendments made to the Serious Sex Offenders (Detention and Supervision) Act 2009 by Acts and subordinate instruments.

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

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 50) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Equal Opportunity Act 2010, No. 16/2010

Assent Date:	27.4.10
Commencement Date:	S. 209(Sch. item 7) on 1.8.11: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010

Assent Date:	28.9.10
Commencement Date:	S. 81(Sch. item 11) on 1.11.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Justice Legislation Further Amendment Act 2010, No. 64/2010

Assent Date:	28.9.10
Commencement Date:	S. 27 on 28.10.10: Government Gazette 28.10.10 p. 2583
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011 (as amended by No. 43/2012)

Assent Date:	22.11.11
Commencement Date:	S. 107(Sch. item 11) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Serious Sex Offenders (Detention and Supervision) Amendment Act 2011, No. 83/2011

Assent Date:	21.12.11
Commencement Date:	Ss 4–16 on 1.3.12: Special Gazette (No. 45) 21.2.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Serious Sex Offenders (Detention and Supervision) Amendment Act 2012, No. 65/2012

Assent Date:	7.11.12
Commencement Date:	Ss 4–14 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013

Assent Date:	4.6.13
Commencement Date:	S. 59 on 1.9.14: s. 2(5)
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 50) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013

Assent Date:	17.12.13
Commencement Date:	S. 25 on 1.1.14: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Corrections Legislation Amendment Act 2014, No. 12/2014

Assent Date:	18.3.14
Commencement Date:	Ss 27–34 on 8.4.14: Special Gazette (No. 112) 8.4.14 p. 1; ss 26, 35 on 1.5.14: Special Gazette (No. 112) 8.4.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014, No. 25/2014

Assent Date:	8.4.14
Commencement Date:	S. 16 on 9.4.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 26) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Crimes Amendment (Protection of Children) Act 2014, No. 36/2014

Assent Date:	3.6.14
Commencement Date:	S. 6(4) on 27.10.14: Special Gazette (No. 350) 7.10.14 p. 1
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 152) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 42) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Crimes Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014

Assent Date:	21.10.14
Commencement Date:	S. 32 on 1.7.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 48) on 1.8.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Crimes Amendment (Child Pornography and Other Matters) Act 2015, No. 42/2015

Assent Date:	22.9.2015
Commencement Date:	S. 27 on 1.12.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act 2015, No. 52/2015

Assent Date:	13.10.15
Commencement Date:	Ss 28–39 on 14.10.15: s. 2(1); ss 3–27 on 1.12.15: Special Gazette (No. 363) 24.11.15 p. 1
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	S. 100 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	Ss 245, 246 on 1.2.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016, No. 32/2016

Assent Date:	31.5.16
Commencement Date:	Ss 4–18, 30–39 on 1.6.16: s. 2(1); ss 19–29 on 31.10.16: Special Gazette (No. 319) 18.10.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016

Assent Date:	6.9.16
Commencement Date:	S. 42 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

National Domestic Violence Order Scheme Act 2016, No. 53/2016

Assent Date:	18.10.16
Commencement Date:	S. 125 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Police and Justice Legislation Amendment (Miscellaneous) Act 2016, No. 54/2016

Assent Date:	18.10.16
Commencement Date:	S. 37 on 19.10.16: s. 2(1)
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 16) on 1.9.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Sex Offenders Registration Amendment (Miscellaneous) Act 2017, No. 25/2017

Assent Date:	20.6.17
Commencement Date:	S. 57 on 1.3.18: s. 2(4)
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Corrections Legislation Miscellaneous Amendment Act 2017, No. 31/2017

Assent Date:	15.8.17
Commencement Date:	Ss 15–22, 24–38, 40, 47, 61, 63 on 16.8.17: s. 2(1); ss 23, 39, 41, 43(3), 46, 48–60 on 1.11.17: Special Gazette (No. 367) 31.10.17 p. 1; ss 42, 43(1)(2), 44, 45, 62 on 1.2.18: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Crimes Legislation Amendment (Public Order) Act 2017, No. 32/2017

Assent Date:	15.8.17
Commencement Date:	S. 11 on 13.9.17: Special Gazette (No. 303) 12.9.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017

Assent Date:	8.11.17
Commencement Date:	Ss 4‒44 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

Justice Legislation Amendment (Victims) Act 2018, No. 5/2018

Assent Date:	27.2.18
Commencement Date:	S. 36 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 2
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

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3   Amendments Not in Operation

This publication does not include amendments made to the Serious Sex Offenders (Detention and Supervision) Act 2009 by the following Act/s.

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Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 116) not yet proclaimed
Current State:	This information relates only to the provision/s amending the Serious Sex Offenders (Detention and Supervision) Act 2009

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At the date of this publication, the following provisions amending the Serious Sex Offenders (Detention and Supervision) Act 2009 were Not in Operation:

Amending Act/s:

Oaths and Affirmations Act 2018, No. 6/2018

Schedule 2—Further consequential amendments

116Serious Sex Offenders (Detention and Supervision) Act 2009

116.1In sections 91(1) and 193(2), after "oath" insert "or by affirmation".

4   Explanatory details

No entries at date of publication.