Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Regulations 2018 (Vic)
Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Regulations 2018
S.R. No. 12/2018
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5New regulation 18B inserted
6New regulations 24, 25 and 26 inserted
7Form 14A substituted
8New Forms 17, 18 and 19 inserted
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Endnotes
STATUTORY RULES 2018
S.R. No. 12/2018
Serious Sex Offenders (Detention and Supervision) Act 2009
Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Regulations 2018
The Governor in Council makes the following Regulations:
Dated: 13 February 2018
Responsible Minister:
GAYLE TIERNEY
Minister for CorrectionsANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to make consequential amendments to the Serious Sex Offenders (Detention and Supervision) Regulations 2009 as a result of the commencement of the Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017—
(a)to make minor amendments to Form 14A; and
(b)to prescribe a form for the purposes of transferring to the County Court or the Supreme Court summary offences related to an offence of breach of a supervision order; and
(c)to prescribe a notice to produce to the Post Sentence Authority; and
(d)to prescribe a notice to attend the Post Sentence Authority; and
(e)to prescribe a form to issue a direction in relation to a notice to attend the Post Sentence Authority issued to a person in custody.
2Authorising provision
These Regulations are made under section 198 of the Serious Sex Offenders (Detention and Supervision) Act 2009.
3Commencement
These Regulations come into operation on 27 February 2018.
4Principal Regulations
In these Regulations, the Serious Sex Offenders (Detention and Supervision) Regulations 2009[1] are called the Principal Regulations.
5New regulation 18B inserted
After regulation 18A of the Principal Regulations insert—
"18B Transfer of proceeding for related summary offence
For the purpose of section 172AB(5) of the Act, the prescribed form is Form 14B.".
6New regulations 24, 25 and 26 inserted
After regulation 23 of the Principal Regulations insert—
"24 Notice to produce to the Post Sentence Authority
For the purposes of section 192P(2)(a) of the Act, the prescribed form of a notice to produce is Form 17.
25Notice to attend the Post Sentence Authority
For the purposes of section 192P(2)(a) of the Act, the prescribed form of a notice to attend is Form 18.
26Direction in relation to notice to attend the Post Sentence Authority to person in custody
For the purposes of section 192W(2) of the Act, the prescribed form of direction is Form 19.".
7Form 14A substituted
For Form 14A of the Principal Regulations substitute—
"FORM 14A
Regulation 18A
ORDER FOR THE TRANSFER OF PROCEEDING FOR BREACH OF SUPERVISION ORDER
The Magistrates' Court of Victoria at
Informant:
Accused:
Date of birth:
Proceeding commenced by: *Charge and Summons/*Charge and Warrant/
*Arrest and charge
Nature of Charge: That the Accused contravened a condition of a supervision order under section 160 of the Serious Sex Offenders (Detention and Supervision) Act 2009.
THE MAGISTRATES' COURT ORDERS THAT—
Under section 172A(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009 the proceeding under that Act be transferred
to the—
*COUNTY COURT at
*SUPREME COURT at
This order takes effect *on the filing of the evidence of service of the summons in the *County Court/*Supreme Court/*on the execution of the warrant against the offender/*by signing the undertaking of bail.
Date:
[Signature of Magistrate or registrar of the Magistrates' Court]
[Insert name of Magistrate or registrar of the Magistrates' Court]
*Magistrate/*Registrar of the Magistrates' Court
*Strike out whichever is inapplicable.
FORM 14B
Regulation 18B
ORDER FOR THE TRANSFER OF PROCEEDINGS FOR SUMMARY OFFENCES RELATED TO OFFENCE OF BREACH OF SUPERVISION ORDER
The Magistrates' Court of Victoria at
Informant:
Accused:
Date of birth:
THE MAGISTRATES' COURT ORDERS THAT—
The following summary offence/*s currently before the Magistrates' Court that *is a/*are related offence/*s to the contravention of a condition of a supervision order under section 160 of the Serious Sex Offenders (Detention and Supervision) Act 2009—
[list the Magistrates' Court case number/s for the related summary offence/s and any other relevant details]
*is/*are transferred under section 172AB(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009 for hearing by the—
*COUNTY COURT at
*SUPREME COURT at
*Number of charges the proceeding relates to: (original charge sheet/*s attached)
*This order takes effect on the same day as the order made under section 172A(1) of the Serious Sex Offenders (Detention and Supervision)Act 2009. If this order is made after the order made under section 172A(1) of that Act has taken effect, the order takes effect on the day this order is made.
OR
*is/*are not transferred in accordance with section 172AB(3) of the Serious Sex Offenders (Detention and Supervision) Act 2009 because the offender and the prosecutor in the proceeding for the offence against section 160 of that Act have so agreed.
*This order takes effect on the day this order is made.
Date:
[Signature of Magistrate or registrar of the Magistrates' Court]
[Insert name of Magistrate or registrar of the Magistrates' Court]
*Magistrate/*Registrar of the Magistrates' Court
*Strike out whichever is inapplicable.".
8New Forms 17, 18 and 19 inserted
After Form 16 of the Principal Regulations insert—
"FORM 17
Regulation 24
NOTICE TO PRODUCE DOCUMENTS AND/OR THINGS TO THE POST SENTENCE AUTHORITY
TO: [insert name of person to whom notice is served]
OF: [insert address]
This notice is served under section 192P of the Serious Sex Offenders (Detention and Supervision) Act 2009.
What you must do
You must produce to the Post Sentence Authority the document, thing or documents and things specified below.
Where and when you must produce documents and/or things
[Insert details of where, when and how a person must produce the document, thing or documents and things]
What you must produce to the Post Sentence Authority
[Insert description of document, thing or documents and things to be produced]
Objecting to this notice
You may object to this notice under section 192Q of the Serious Sex Offenders (Detention and Supervision) Act 2009 if you have (or will have) a reasonable excuse for failing to comply with this notice. For example, it is a reasonable excuse to fail to produce a document, thing or documents and things if the document or thing—
·might tend to incriminate you or make you liable to a penalty; or
·is the subject of parliamentary privilege; or
·is the subject of legal professional privilege or client legal privilege; or
·is the subject of public interest immunity; or
·is prohibited from disclosure by a court order; or
·is prohibited from disclosure by a provision of another Act that specifically applies to the giving of information or the production of documents or other things to the Post Sentence Authority.
You may also object to this notice by claiming that the document, thing or documents and things specified in this notice is/are not relevant to the subject matter of the meeting of the Post Sentence Authority.
If you wish to object to this notice, you must do so in writing to [insert name and contact details] by [insert date]. Your written objection must outline your reasons for objecting and attach any relevant evidence or documents in support of your claim. If the Post Sentence Authority is satisfied that your excuse for failure to comply is reasonable, the Post Sentence Authority may vary or revoke this notice under section 192R of the Serious Sex Offenders (Detention and Supervision) Act 2009.
Failure or refusal to comply with this notice without reasonable excuse may constitute an offence. The maximum penalty for this offence is 30 penalty units or imprisonment for 3 months (section 192Y of the Serious Sex Offenders (Detention and Supervision) Act 2009).
Name: [insert name of person serving this notice]
Title: [insert title of person serving notice]
Date: [insert date]
FORM 18
Regulation 25
NOTICE TO ATTEND THE POST SENTENCE AUTHORITY
TO: [insert name of person to whom notice is served]
OF: [insert address]
This notice is served under section 192P of the Serious Sex Offenders (Detention and Supervision) Act 2009.
What you must do
You must—
·*attend a meeting of the Post Sentence Authority to produce the document, thing or documents and things specified below; or
·*attend a meeting of the Post Sentence Authority to give evidence from day to day until excused; or
·*attend a meeting of the Post Sentence Authority to give evidence from day to day until excused and produce the document, thing or documents and things specified below.
Where and when you must attend to give evidence and to produce documents and things (if applicable)
[Insert details of where and when (including date and time) a person must attend, and (if applicable) insert details of where, when and how a person must produce the document, thing or documents and things]
What you must produce to the Post Sentence Authority (if applicable)
[Insert description of the document, thing or documents and things to be produced]
Note:
You must bring this notice with you when you attend at the Post Sentence Authority at the time and place specified in this notice.
Objecting to this notice
You may object to this notice under section 192Q of the Serious Sex Offenders (Detention and Supervision) Act 2009 if you have (or will have) a reasonable excuse for failing to comply with this notice. For example, it is a reasonable excuse to fail to provide a document, thing or documents and things if the document or thing—
·might tend to incriminate you or make you liable to a penalty; or
·is the subject of parliamentary privilege; or
·is the subject of legal professional privilege or client legal privilege; or
·is the subject of public interest immunity; or
·is prohibited from disclosure by a court order; or
·is prohibited from disclosure by a provision of another Act that specifically applies to the giving of information or the production of documents or other things to the Post Sentence Authority.
You may also object to this notice by claiming that the document, thing or documents and things specified in this notice are not relevant to the subject matter of the meeting of the Post Sentence Authority.
If you wish to object to this notice, you must do so in writing to [insert name and contact details] by [insert date]. Your written objection must outline your reasons for objecting and attach any relevant evidence or documents in support of your claim. If the Post Sentence Authority is satisfied that your excuse for failure to comply is reasonable, the Post Sentence Authority may vary or revoke this notice under section 192R of the Serious Sex Offenders (Detention and Supervision) Act 2009.
Failure or refusal to comply with this notice without reasonable excuse may constitute an offence. The maximum penalty for this offence is 30 penalty units or imprisonment for 3 months (section 192Y of the Serious Sex Offenders (Detention and Supervision) Act 2009).
Name: [insert name of person serving this notice]
Title: [insert title of person serving notice]
Date: [insert date]
*Delete if not applicable
FORM 19
Regulation 26
DIRECTION IN RELATION TO A NOTICE TO ATTEND ISSUED TO PERSON IN CUSTODY
TO: [insert name and title of person in charge of the place where person is held in custody e.g. the Governor of the prison or the officer in charge of the police gaol]
AT: [insert name and address of place where person is held in custody]
In accordance with section 192W of the Serious Sex Offenders (Detention and Supervision) Act 2009, I direct that [name of person held in custody] who is detained at [insert name of place where person is held in custody]—
·*be brought to a place equipped with facilities to enable the person to appear before the Post Sentence Authority by audio visual link; or
·*be brought before the Post Sentence Authority.
LOCATION: [insert specified place to which person held in custody is to be brought]
DATE: [insert date on which person held in custody is to be brought to the specified place] *and from day to day until excused from further attendance.
TIME: [insert time when person held in custody is to be brought to the specified place]
for the purpose of [insert purpose e.g. to produce a document, thing or documents and things or to give evidence in relation to a matter before the Post Sentence Authority]
and the person is to be returned to the place from which they were removed or to a police gaol [*each day] by the direction of the Post Sentence Authority.
Name: [insert name of person giving direction]
Title: [insert position of person giving direction]
Date: [insert date the direction is made]
*Delete if not applicable".
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Endnotes
[1] Reg. 4: S.R. No. 187/2009 as amended by S.R. Nos 21/2014, 84/2016 and 128/2016.
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