Untitled document
Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act 2015
No. 52 of 2015
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Serious Sex Offenders (Detention and Supervision) Act 2009
Division 1—Management of offenders and police officer powers
3Definitions
4New Divisions 6, 7 and 8 of Part 10 inserted
5New sections 171A to 171C inserted
6Core conditions of supervision order
7Suggested conditions
8Condition authorising Adult Parole Board to give directions
9Decision on supervision order—general
10Power of court on review
11Duties of supervision officers
12Supervision officer may give instructions
13Visitors
14Visitors to give certain information
15Search
16Seizure
17Register of seized things
18Supervision officers may use force to enforce instructions in certain circumstances
19Community corrections officers to be subject to direction
20Community corrections officer may give instructions
21Search
22Seizure
23Register of seized things
24Heading to Division 5 of Part 10 amended
25Definition
26New section 199A inserted
27New Schedule 3 inserted
Division 2—General
28Purposes and outline
29Definitions
30When may a court make a supervision order?
31Effect of custodial sentence on time for review
32Functions of Adult Parole Board
33Proceedings for offence
34Sharing of information
35Guidelines for disclosure
36Disclosure of information to responsible persons
37Delegation by Secretary
38Delegation by Commissioner
39Schedule 1
Part 3—Amendment of Bail Act 1977
40Accused held in custody entitled to bail
41Transitional provisions
Part 4—Amendment of other Acts
Division 1—Corrections Act 1986
42Reports
43Release on parole after service of non-parole period
44Definitions—Part 9B
45Officers may use force to enforce directions in certain circumstances
Division 2—Sentencing Act 1991
46Monitoring of offender
Division 3—Sex Offenders Registration Act 2004
47Schedule 2
48Schedule 4
Part 5—Repeal of amending Act
49Repeal of amending Act
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Endnotes
1 General information
Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act 2015
No. 52 of 2015
[Assented to 13 October 2015]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Serious Sex Offenders (Detention and Supervision) Act 2009—
(i)to provide for new police powers in relation to offenders; and
(ii)to further provide for the management of offenders; and
(iii)to generally improve the operation and enforcement of that Act; and
(b)to amend the Bail Act 1977 to require, in proceedings with respect to bail, certain accused persons to show cause why their detention in custody is not justified; and
(c)to amend the Corrections Act 1986 and the Sentencing Act 1991 to further provide for the management of prisoners and offenders; and
(d)to clarify certain class 2 and class 4 offences under the Sex Offenders Registration Act 2004.
2Commencement
(1)This Act, other than Division 1 of Part 2 and sections 42, 44 and 45, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Division 1 of Part 2 and sections 42, 44 and 45 come into operation on a day to be proclaimed.
(3)If Division 1 of Part 2 and sections 42, 44 and 45 do not come into operation before 1 September 2016, Division 1 of Part 2 and sections 42, 44 and 45 come into operation on that day.
Part 2—Amendment of Serious Sex Offenders (Detention and Supervision) Act 2009
Division 1—Management of offenders and police officer powers
3Definitions
In section 3 of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert the following definitions—
"authorised instrument of restraint means an instrument, or a type of instrument, that is approved under section 55D of the Corrections Act 1986;
prison officer has the same meaning as it has in the Corrections Act 1986;
specified officer means a prison officer, or a prison officer in a class of prison officers, directed by the Secretary under section 158F to act as a specified officer;".
4New Divisions 6, 7 and 8 of Part 10 inserted
After Division 5 of Part 10 of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"Division 6—Alcohol and drug testing of offenders by police officers
158AApplication of Division
This Division applies if a supervision order contains—
(a)a condition requiring an offender to submit to breath testing, urinalysis or other test procedures for detecting alcohol or drug use; and
(b)a condition directing the offender to reside at a location other than a residential facility.
158BOffender to submit to testing
(1)At the direction of a police officer, the offender must submit to breath testing, urinalysis or other test procedures approved by the Chief Commissioner of Police for detecting alcohol or drug use.
(2)The police officer may only give a direction under this section if the police officer has reasonable grounds to suspect that the offender has breached a condition of the supervision order by consuming alcohol or drugs.
Division 7—Powers of entry by police officers to monitor compliance
158CPowers of entry by police officer to monitor compliance
(1)A police officer may enter any premises where an offender is residing if—
(a)the police officer reasonably suspects that the offender is present at the premises; and
(b)the entry is reasonably necessary to monitor the offender's compliance with a supervision order or interim supervision order.
(2)If necessary, a police officer may use reasonable force to enter premises under subsection (1).
158DAnnouncement before entry
(1)Subject to subsection (2), a police officer exercising a power of entry under section 158C—
(a)must announce that the police officer is authorised by law to enter the premises; and
(b)if the police officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.
(2)A police officer need not comply with subsection (1) if the police officer reasonably suspects that immediate entry to the premises is required to ensure—
(a)the safety of any person; or
(b)that the effective monitoring of the offender's compliance with the supervision order or interim supervision order is not frustrated.
158EReport to DSO division of Adult Parole Board
(1)The Chief Commissioner of Police must advise the Secretary in writing of the exercise of any power of entry under section 158C.
(2)The Secretary must report to the DSO division of the Adult Parole Board any exercise of a power of entry under section 158C.
Division 8—Specified officers
158FSpecified officers
(1)The Secretary may direct a prison officer who is a community corrections officer to act as a specified officer.
(2)The Secretary may direct a prison officer in a class of prison officers who are community corrections officers to act as a specified officer.
(3)In performing a function under Division 4 or 5 of this Part, a specified officer may—
(a)direct an offender to do or not to do anything that the specified officer believes on reasonable grounds is necessary for the safety of—
(i)the specified officer; or
(ii)the offender; or
(iii)any other person; and
(b)use reasonable force to compel an offender to obey a direction if the specified officer believes on reasonable grounds that the use of force is necessary to prevent the specified officer, the offender or any other person being killed or seriously injured; and
(c)apply an authorised instrument of restraint to an offender if the specified officer believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the offender or another person being killed or seriously injured.".
5New sections 171A to 171C inserted
After section 171 of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"171A Powers of entry and search by police officer to arrest offender
(1)For the purpose of arresting an offender under section 171, a police officer may enter and search any premises (including any residence or vehicle) where the police officer reasonably suspects the offender to be present.
(2)If necessary, a police officer may use reasonable force to enter premises under subsection (1).
171BAnnouncement before entry
(1)Subject to subsection (2), a police officer exercising a power of entry under section 171A—
(a)must announce that the police officer is authorised by law to enter the premises; and
(b)if the police officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.
(2)A police officer need not comply with subsection (1) if the police officer reasonably suspects that immediate entry to the premises is required to ensure—
(a)the safety of any person; or
(b)that the prevention of a continuation of the breach of a condition of a supervision order or interim supervision order is not frustrated; or
(c)that the arrest in relation to the breach of a condition of a supervision order or interim supervision order is not frustrated.
171CReport to DSO division of Adult Parole Board
(1)The Chief Commissioner of Police must advise the Secretary in writing of the exercise of any power of entry under section 171A.
(2)The Secretary must report to the DSO division of the Adult Parole Board any exercise of a power of entry under section 171A.".
6Core conditions of supervision order
For section 16(2)(g) of the Serious Sex Offenders (Detention and Supervision) Act 2009 substitute—
"(g)if the court requires an offender to reside at a residential facility, obey all instructions given by a supervision officer or a specified officer under section 137;".
7Suggested conditions
(1)In section 17(1)(h) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "approved by the Secretary" insert "or the Chief Commissioner of Police".
(2)After section 17(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"(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 Board 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 Board;
(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.".
(3)In section 17(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "Subject to" insert "subsection (1A) and".
8Condition authorising Adult Parole Board to give directions
(1)For section 20(1)(c) of the Serious Sex Offenders (Detention and Supervision) Act 2009 substitute—
"(c)if the court has imposed a condition under paragraph (b) authorising the Adult Parole Board to give a direction that an offender is to reside at a residential facility, a power to impose a condition authorising the Board 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.".
(2)After section 20(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"(1A)If the Adult Parole Board gives a direction authorised by a condition of a kind referred to in subsection (1)(c)(iii) relating to electronic monitoring, the Board must also give the following directions—
(a)the offender must comply with any direction given by the Board 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 Board;
(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.".
9Decision on supervision order—general
(1)In section 73(6) and (8) of the Serious Sex Offenders (Detention and Supervision) Act 2009, for "subsection (9)" substitute "subsections (9) and (9A)".
(2)For section 73(9) of the Serious Sex Offenders (Detention and Supervision) Act 2009 substitute—
"(9)The court may—
(a)vary, add or remove any conditions of a supervision order; or
(b)direct a different period for the period between applications for review.
(9A)If the court confirms the supervision order, the court must ensure that the conditions on the order are in accordance with the requirements of sections 16 and 17 as in force at the time at which the order is confirmed and make any variations and additions to the conditions that are necessary for this purpose.".
(3)In section 73(10) of the Serious Sex Offenders (Detention and Supervision) Act 2009, for "subsection (9)" substitute "subsections (9) and (9A)".
10Power of court on review
After section 78(3) of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"(3A)If the court confirms a condition of a supervision order, the court must ensure that the conditions of the order are in accordance with the requirements of sections 16 and 17 as in force at the time the court confirms the condition and make any variations and additions to the conditions that are necessary for this purpose.".
11Duties of supervision officers
(1)In the heading to section 136 of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "supervision officers" insert "and specified officers".
(2)In section 136(1) and (3) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "supervision officer" insert
"or a specified officer".12Supervision officer may give instructions
(1)In the heading to section 137 of the Serious Sex Offenders (Detention and Supervision) Act 2009 for "Supervision officer" substitute "Officers".
(2)In section 137(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "supervision officer" insert "or a specified officer (as the case requires)".
13Visitors
In section 139(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "supervision officer" insert "or specified officer".
14Visitors to give certain information
(1)In section 141(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009—
(a)after "A supervision officer" insert "or specified officer";
(b)for "the supervision officer" substitute "the officer".
(2)In section 141(2), (4) and (5) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "supervision officer" (wherever occurring) insert "or specified officer".
15Search
(1)In section 142(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009—
(a)after "order a supervision officer" insert "or a specified officer";
(b)in paragraph (b), after "supervision officer," insert "a specified officer,".
(2)In section 142(6) of the Serious Sex Offenders (Detention and Supervision) Act 2009, for "supervision officer or" substitute "supervision officer, a specified officer or".
(3)In section 142(7) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "supervision officer" insert "or a specified officer".
16Seizure
In section 143 of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "supervision officer" (wherever occurring) insert "or specified officer".
17Register of seized things
(1)In section 144(2)(e) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "supervision officer" insert "or specified officer".
(2)In section 144(3) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "supervision officer" insert "or a specified officer".
18Supervision officers may use force to enforce instructions in certain circumstances
(1)In the heading to section 146 of the Serious Sex Offenders (Detention and Supervision) Act 2009, for "Supervision officers" substitute "Officers".
(2)In section 146(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "supervision officer" insert "or a specified officer".
(3)After section 146(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"(1A)In compelling an offender under subsection (1) to obey an instruction, a specified officer may apply an authorised instrument of restraint to the offender if the specified officer believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the offender or another person being killed or seriously injured.".
(4)In section 146(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "supervision officer" insert "or a specified officer".
(5)After section 146(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"(2A)If a specified officer applies an authorised instrument of restraint to compel an offender to obey an instruction, the specified officer must report that fact to the officer in charge of the residential facility as soon as possible.".
(6)In section 146(3) of the Serious Sex Offenders (Detention and Supervision) Act 2009—
(a)after "use of force" insert "or application of an authorised instrument of restraint";
(b)after "supervision officer" insert "or a specified officer".
19Community corrections officers to be subject to direction
(1)In the heading to section 150 of the Serious Sex Offenders (Detention and Supervision) Act 2009, for "Community corrections officers" substitute "Officers".
(2)At the end of section 150 of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"(2)A specified officer who assists in the management of the offender is subject to the direction of the Commissioner.".
20Community corrections officer may give instructions
(1)In the heading to section 151 of the Serious Sex Offenders (Detention and Supervision) Act 2009, for "Community corrections officer" substitute "Officer".
(2)In section 151 of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "a community corrections officer" insert
"or a specified officer".21Search
In section 152(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "community corrections officer" insert
"or a specified officer".22Seizure
In section 153 of the Serious Sex Offenders (Detention and Supervision) Act 2009—
(a)after "a community corrections officer" insert "or a specified officer (as the case requires)";
(b)for "which the community corrections officer" substitute "which the officer".
23Register of seized things
(1)In section 154(2)(e) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "community corrections officer" insert "or specified officer".
(2)In section 154(3) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "community corrections officer" insert "or specified officer".
24Heading to Division 5 of Part 10 amended
For the heading to Division 5 of Part 10 of the Serious Sex Offenders (Detention and Supervision) Act 2009 substitute—
"Division 5—Alcohol and drug testing of offenders by supervision officers, community corrections officers or specified officers".
25Definition
In section 154A of the Serious Sex Offenders (Detention and Supervision) Act 2009, in paragraph (b) of the definition of relevant officer, after "a community corrections officer" insert "or a specified officer".
26New section 199A inserted
After section 199 of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"199A Further transitional provisions
Schedule 3 has effect.".
27New Schedule 3 inserted
After Schedule 2 to the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"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).".
Division 2—General
28Purposes and outline
In section 1(3)(c) and (3)(d) of the Serious Sex Offenders (Detention and Supervision) Act 2009, for "Department of Justice" substitute "Department of Justice and Regulation".
29Definitions
(1)In section 3 of the Serious Sex Offenders (Detention and Supervision) Act 2009, for paragraph (c) of the definition of custodial sentence substitute—
"(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 prison gaol; or".
(2)In section 3 of the Serious Sex Offenders (Detention and Supervision) Act 2009, in the definition of Department, for "Department of Justice" substitute "Department of Justice and Regulation".
30When may a court make a supervision order?
In section 9(3) of the Serious Sex Offenders (Detention and Supervision) Act 2009, for "must take into account" substitute "must have regard to".
31Effect of custodial sentence on time for review
(1)In section 75(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009, for "the offender's release on parole" substitute "the offender is released on parole or from remand".
(2)In section 75(3) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "parole is not granted" insert "or the offender is ordered to serve a custodial sentence,".
32Functions of Adult Parole Board
At the foot of section 118 of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"Example
In relation to paragraph (b), a supervision order may authorise the Adult Parole Board to give directions relating to electronic monitoring.".
33Proceedings for offence
Section 172(2) and (3) of the Serious Sex Offenders (Detention and Supervision) Act 2009 are repealed.
34Sharing of information
(1)For section 189(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009 substitute—
"(1)A relevant person may use or disclose to another relevant person any information obtained by the person in carrying out a function under this Act or any other Act if the use or disclosure—
(a)is reasonably necessary to enable the relevant person or the other relevant person to carry out a function under this Act or a relevant Act, including the following—
(i)preparing assessment reports, progress reports or any other reports or documents required by this Act;
(ii)making or responding to an application under this Act;
(iii)managing an offender under—
(A)this Act; or
(B)the Corrections Act 1986; or
(C)the Sentencing Act 1991; or
(b)is specifically authorised or required by or under this Act or another Act; or
(c)is authorised by the person to whom the information relates; or
(d)is reasonably necessary to lessen or prevent a serious and imminent threat to a person's life, health, safety or welfare.
(1A)A person who is or has been a relevant person must not use or disclose any information obtained by the person in carrying out a function under this Act unless the use or disclosure is authorised by subsection (1).
Penalty:120 penalty units.".
(2)In section 189(4) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after paragraph (a) of the definition of relevant Act insert—
"(ab)the Family Violence Protection Act 2008; or".
(3)In section 189(4) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after paragraph (c) of the definition of relevant Act insert—
"(caa)the Personal Safety Intervention Orders Act 2010; or".
(4)In section 189(4) of the Serious Sex Offenders (Detention and Supervision) Act 2009, for paragraph (d) of the definition of relevant person substitute—
"(d)any person who delivers services to or on behalf of the Department whether paid or unpaid; or".
(5)In section 189(4) of the Serious Sex Offenders (Detention and Supervision) Act 2009, in the definition of relevant person—
(a)in paragraphs (e), (f) and (g), for "Department of Health" substitute "Department of Health and Human Services";
(b)paragraphs (h), (i) and (j) are repealed;
(c)in paragraphs (m), (n) and (o), for "Department of Immigration and Citizenship" substitute "Department of Immigration and Border Protection".
35Guidelines for disclosure
In section 190(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009—
(a)in paragraph (c), for "Department of Health" substitute "Department of Health and Human Services";
(b)paragraph (d) is repealed.
36Disclosure of information to responsible persons
For section 191(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009 substitute—
"(1)The Secretary may disclose to a responsible person any information in respect of an offender obtained by the Secretary in carrying out a function under this Act.".
37Delegation by Secretary
In section 196 of the Serious Sex Offenders (Detention and Supervision) Act 2009, for "Department of Justice" substitute "Department of Justice and Regulation".
38Delegation by Commissioner
In section 197 of the Serious Sex Offenders (Detention and Supervision) Act 2009, for "Department of Justice" substitute "Department of Justice and Regulation".
39Schedule 1
(1)In items 27 and 28 of Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009, for "an offence referred to in item 1 or 2" substitute "an offence against a provision of Subdivisions (8A) to (8EA) of Division 1 of Part I of the Crimes Act 1958".
(2)After item 32 of Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"32AAn offence against section 41DA of the Summary Offences Act 1966 (distribution of intimate image).
32BAn offence against section 41DB of the Summary Offences Act 1966 (threat to distribute intimate image).".
(3)In item 38 of Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009, for "section 270.6 or 270.7" substitute "section 270.6, 270.6A or 270.7".
(4)After item 39 of Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"39AAn offence against any of the following sections of the Criminal Code of the Commonwealth—
(i)section 272.8(1) or (2) (sexual intercourse with child outside Australia);
(ii)section 272.11(1) (persistent sexual abuse of child outside Australia);
(iii)section 272.12(1) or (2) (sexual intercourse with young person outside Australia—defendant in position of trust or authority);
(iv)section 272.13(1) or (2) (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority);
(v)section 272.14(1) (procuring child to engage in sexual activity outside Australia);
(vi)section 272.15(1) ("grooming" child to engage in sexual activity outside Australia);
(vii)section 272.18(1) (benefiting from offence against this Division);
(viii)section 272.19(1) (encouraging offence against this Division);
(ix)section 272.20(1) or (2) (preparing for or planning offence against this Division).".
(5)After item 40(iv) of Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"(iva)section 474.24A(1) (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people);
(ivb)section 474.25A(1) or (2) (using a carriage service for sexual activity with person under 16 years of age);
(ivc)section 474.25B(1) (aggravated offence—child with mental impairment or under care, supervision or authority of defendant);".
(6)In item 40(vi) of Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009, for "age)." substitute "age);".
(7)After item 40(vi) of Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"(vii)section 474.27A(1) (using a carriage service to transmit indecent communication to person under 16 years of age).".
Part 3—Amendment of Bail Act 1977
40Accused held in custody entitled to bail
After section 4(4)(cc) of the Bail Act 1977 insert—
"(cd)with an indictable offence that is alleged to have been committed while the accused is the subject of a supervision order, or interim supervision order, within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009; or
(ce)with an indictable offence, and the accused, at any time during the proceeding with respect to bail, is the subject of a supervision order, or interim supervision order, within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009; or".
41Transitional provisions
After section 34(12) of the Bail Act 1977 insert—
"(13)The amendments made to this Act by section 40 of the Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act 2015 apply only to a proceeding with respect to bail that commences on or after the commencement of that section.".
Part 4—Amendment of other Acts
Division 1—Corrections Act 1986
42Reports
After section 72(1)(bf)(vi) of the Corrections Act 1986 insert—
"(via)details of the exercise of powers of entry under sections 158C and 171A of that Act reported to the Board during the period; and".
43Release on parole after service of non-parole period
In section 74(5A)(c) of the Corrections Act 1986, for "damage or disable" substitute "damage, disable or remove".
44Definitions—Part 9B
(1)In section 104E of the Corrections Act 1986, for the definition of officer substitute—
"officer means—
(a)an officer within the meaning of section 85;
(b)a specified officer;".
(2)In section 104E of the Corrections Act 1986 insert the following definition—
"specified officer has the same meaning as in the Serious Sex Offenders (Detention and Supervision) Act 2009.".
45Officers may use force to enforce directions in certain circumstances
(1)In section 104I(1) of the Corrections Act 1986, for "or a community corrections officer" substitute ", a community corrections officer or a specified officer".
(2)After section 104I(1) of the Corrections Act 1986 insert—
"(1A)In compelling the monitored person under subsection (1) to obey a direction, a specified officer may apply an authorised instrument of restraint to the monitored person if the specified officer believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the monitored person or another person being killed or seriously injured.".
(3)In section 104I(2) of the Corrections Act 1986, after "a community corrections officer" insert "or specified officer".
(4)After section 104I(2) of the Corrections Act 1986 insert—
"(2A)If a specified officer applies an authorised instrument of restraint to compel the person to obey a direction, the specified officer must report that fact to the specified officer's Regional Manager as soon as possible.".
(5)In section 104I(3) of the Corrections Act 1986—
(a)in paragraph (b), after "a community corrections officer" insert "or specified officer";
(b)in paragraph (b), for "Regional Manager." substitute "Regional Manager; and";
(c)after paragraph (b), insert—
"(c)any application of an authorised instrument of restraint by a specified officer to compel the monitored person to obey a direction that has been reported to the Regional Manager.".
Division 2—Sentencing Act 1991
46Monitoring of offender
In section 48LA(8)(c) of the Sentencing Act 1991, for "damage or disable" substitute "damage, disable or remove".
Division 3—Sex Offenders Registration Act 2004
47Schedule 2
In items 19 and 20 of Schedule 2 to the Sex Offenders Registration Act 2004, for "referred to in item 1 or 1A of Schedule 1" substitute "against a provision of Subdivisions (8A) to (8EA) of Division 1 of Part I of the Crimes Act 1958".
48Schedule 4
In items 8 and 9 of Schedule 4 to the Sex Offenders Registration Act 2004, for "referred to in item 1 or 1A of Schedule 3" substitute "against a provision of Subdivisions (8A) to (8EA) of Division 1 of Part I of the Crimes Act 1958".
Part 5—Repeal of amending Act
49Repeal of amending Act
This Act is repealed on 1 September 2017.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 2 September 2015
Legislative Council: 17 September 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the Serious Sex Offenders (Detention and Supervision) Act 2009 to provide new police powers in relation to offenders and to further provide for the management of offenders, and to generally improve the operation and enforcement of that Act, to amend the Bail Act 1977 to require, in proceedings with respect to bail, certain accused persons to show cause why their detention in custody is not justified, to amend the Corrections Act 1986, the Sentencing Act 1991 and the Sex Offenders Registration Act 2004 and for other purposes."
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