Untitled document
Supreme Court (Chapter VI Amendment No. 8) Rules 2005
S.R. No. 95/2005
TABLE OF PROVISIONS
Rule Page
PART 1—PRELIMINARY
1.Object
2.Authorising provisions
3.Commencement
4.Principal Rules
PART 2—SURVEILLANCE DEVICES RULES
5.Rule 7.03 substituted
7.03Forms of application to the Court
6.Form of warrants
7.Revocation of Rule 7.06
8.Rule 7.08 substituted
7.08Reports under section 30K
9.Forms 6–7A and 6–7B substituted
Form 6–7A—Application for Warrant
Form 6–7B—Application for Retrieval Warrant
10.Forms 6–7D and 6–7E substituted
Form 6–7D—Warrant
Form 6–7E—Retrieval Warrant
PART 3—SERIOUS SEX OFFENDERS MONITORING ACT RULES AND MAJOR CRIME (INVESTIGATIVE POWERS) ACT RULES
11.New Orders 12 and 13
ORDER 12—SERIOUS SEX OFFENDERS MONITORING RULES
12.01Definition
12.02Application of Order
12.03Form of application for extended supervision order and renewal of extended supervision order
12.04Form of order
12.05Application for review of order
12.06Notice of intention to dispute report
12.07Order for a person to attend for examination
12.08Filing of documents
ORDER 13—MAJOR CRIME (INVESTIGATIVE POWERS) RULES
13.01Definition
13.02Application of Order
13.03Applications made under this Order
13.04Form of application for coercive powers order or extension or variation of order
13.05Form of order
13.06Form of application for witness summons
13.07Form of application for order to bring person in custody before Chief Examiner
13.08Filing of documents
12.New Forms inserted
Form 6–12A—Application for Extended Supervision Order
Form 6–12B—Extended Supervision Order
Form 6–12C—Application for Review of Extended Supervision Order
Form 6–12D—Notice of Intention to Dispute Assessment Report or Other Report to Court of Medical Expert
Form 6–12E—Order to Attend for Examination
Form 6–13A—Application for Coercive Powers Order
Form 6–13B—Coercive Powers Order
Form 6–13C—Application for Issue of Witness Summons
Form 6–13D—Application for Order under section 18(2) of the Major Crimes (Investigative Powers) Act 2004
═══════════════
ENDNOTES
STATUTORY RULES 2005
S.R. No. 95/2005
Supreme Court Act 1986
Supreme Court (Chapter VI Amendment No. 8) Rules 2005
The Judges of the Supreme Court make the following Rules:
PART 1—PRELIMINARY
1.Object
The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court—
(a)to make further provision for applications for, and the issue of, warrants and assistance orders under the Surveillance Devices Act 1999 as a result of amendments made by the Surveillance Devices (Amendment) Act 2004;
(b)to provide for applications for, and the issue of, extended supervision orders and related matters under the Serious Sex Offenders Monitoring Act 2005;
(c)to provide for applications for coercive powers orders and witness summonses and the issue of coercive powers orders under Part 2 of the Major Crime (Investigative Powers) Act 2004.
2.Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986, section 50 of the Interpretation of Legislation Act 1984 and all other enabling powers.
3.Commencement
(1)These Rules, except for Part 2, come into operation on 1 August 2005.
(2)Part 2 comes into operation on the day on which section 9 of the Surveillance Devices (Amendment) Act 2004 comes into operation.
4.Principal Rules
In these Rules, the Supreme Court (Criminal Procedure) Rules 1998[1] are called the Principal Rules.
__________________
PART 2—SURVEILLANCE DEVICES RULES
5.Rule 7.03 substituted
For Rule 7.03 of the Principal Rules substitute—
"7.03Forms of application to the Court
(1)An application under section 15(1) of the Act for the issue of a surveillance device warrant may be in Form 6–7A.
(2)An application under section 20C of the Act for the issue of a retrieval warrant may be in Form 6–7B.
(3)An application under section 21(1) of the Act for an assistance order may be in Form 6–7C.".
6.Form of warrants
For Rule 7.05(1) of the Principal Rules substitute—
"(1)A surveillance device warrant may be in Form 6–7D.".
7.Revocation of Rule 7.06
Rule 7.06 of the Principal Rules is revoked.
8.Rule 7.08 substituted
For Rule 7.08 of the Principal Rules substitute—
'7.08Reports under section 30K
(1)A person who is required to furnish a report under section 30K of the Act shall file the report with the Associate to the Judge.
(2)A copy of the warrant to which the report relates shall be filed with the report.
(3)Subject to any direction of the Judge, the Associate shall—
(a)place the report, together with the copy of the warrant, in an envelope;
(b)write on the envelope the number of the warrant to which the report relates, the name of the Judge who issued the warrant, the section of the Act under which the report is furnished and the date the report was filed;
(c)seal the envelope in a way that prevents the envelope from being opened again without detection;
(d)write or stamp "Not to be opened except by order of a Judge" on the front and back of the envelope;
(e)deliver the envelope to the Prothonotary who shall ensure that it is stored securely and that the contents are not seen by any person except on the order of a Judge.'.
9.Forms 6–7A and 6–7B substituted
For Forms 6–7A and 6–7B of the Principal Rules substitute—
| "Rule 7.03(1) | FORM 6–7A |
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Surveillance Devices Act 1999
and
IN THE MATTER of an application for a warrant to use a surveillance device
APPLICATION FOR WARRANT
I, *[name of law enforcement officer], [rank/position of officer] of [organisation to which officer belongs] at [name of station/address of premises at which officer works]/*[name of applicant] being a person acting on behalf of a law enforcement officer [insert name and rank of law enforcement officer on whose behalf this application is made and name of station/address of premises at which the law enforcement officer works] apply for the issue of a warrant authorising the use of—
*a listening device;
*an optical surveillance device;
*a data surveillance device;
*a tracking device.
THE MAKING OF THIS APPLICATION has been approved by:
*a senior officer of the law enforcement agency for which *the applicant works/*the law enforcement officer on whose behalf the application is made works [specify name and rank of senior officer and name of law enforcement agency]
OR
*an authorised police officer as defined in the Act. [specify name and rank of police officer authorised by the Chief Commissioner under section 3(2) of the Act.]
I *SUSPECT/*BELIEVE that—
(a)the following offence [insert details of offence]
*has been/*is being/*is about to be/*is likely to be committed; and
(b)that for the purpose of—
* an investigation into that offence;
* enabling evidence or information to be obtained of the commission of that offence;
* enabling evidence or information to be obtained of the identity or location of the offender—
the use of the surveillance device(s) is or will be necessary.
*THIS APPLICATION is made in reliance upon the acts, facts, matters and circumstances set out and deposed to in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application.
OR
*I BELIEVE THAT the immediate use of the surveillance device(s) is necessary for a purpose referred to in paragraph (b). It was impracticable for an affidavit to be prepared or sworn before this application was made for the following reasons: [insert reasons]. I undertake to send an affidavit to the Judge constituting the Court not later than the day following the making of this application, whether or not a warrant has been issued.
*The surveillance device does not have more than one kind of function.
OR
*The surveillance device has the following kinds of functions:
Date:
[Applicant's signature]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable
__________________
Rule 7.03(2) | FORM 6–7B |
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Surveillance Devices Act 1999
and
IN THE MATTER of an application for a retrieval warrant
APPLICATION FOR RETRIEVAL WARRANT
I, *[name of law enforcement officer], [rank/position of officer] of [organisation to which officer belongs] at [name of station/address of premises at which officer works]/*[name of applicant] being a person acting on behalf of a law enforcement officer [insert name and rank of law enforcement officer on whose behalf this application is made and name of station/address of premises at which the law enforcement officer works]—
*SUSPECTING/*BELIEVING that a surveillance device, namely a [describe type of surveillance device], that was lawfully installed on premises at [insert address or other description of premises] or in or on an object [insert location or other description of object], is still on those premises or in or on that object.
APPLY under section 20C of the Surveillance Devices Act 1999 for the issue of a warrant authorising the retrieval of the device.
THE MAKING OF THIS APPLICATION has been approved by:
*a senior officer of the law enforcement agency for which *the applicant works/*the law enforcement officer on whose behalf the application is made works [specify name and rank of senior officer and name of law enforcement agency]
OR
*an authorised police officer as defined in the Act. [specify name and rank of police officer authorised by the Chief Commissioner under section 3(2) of the Act.]
THIS APPLICATION is made in reliance upon the acts, facts, matters and circumstances set out and deposed to in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application.
OR
*I believe that the immediate retrieval of the surveillance device(s) is necessary. It was impracticable for an affidavit to be prepared or sworn before this application was made for the following reasons: [insert reasons]. I undertake to send an affidavit to the Judge constituting the Court not later than the day following the making of this application, whether or not a warrant has been issued.
Date:
[Applicant's signature]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable
__________________".
10.Forms 6–7D and 6–7E substituted
For Forms 6–7D and 6–7E of the Principal Rules substitute—
| 'Rule 7.05(1) | FORM 6–7D |
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Surveillance Devices Act 1999
and
IN THE MATTER of an application for a warrant to use a surveillance device
WARRANT
THIS WARRANT, which is issued by the Supreme Court of Victoria to *[name of law enforcement officer making the application for the warrant], [rank/position of officer], of [organisation to which officer belongs] at [name of station/address of premises at which officer works]/*[name of applicant] being a person acting on behalf of a law enforcement officer ("the applicant"), authorises the use of the following surveillance device under the Surveillance Devices Act 1999 ("the Act") for the purpose of an investigation into the alleged offence of [specify alleged offence] or of enabling evidence to be obtained of the commission of that offence or the identity or location of the offender:
*a data surveillance device;
*a listening device;
*an optical surveillance device;
*a tracking device.
*THE APPLICATION was supported by the following affidavit or affidavits setting out the grounds on which the warrant was sought: [insert name of deponent and date of the affidavit or each affidavit relied upon].
THE COURT IS SATISFIED—
(a)that there are reasonable grounds for the applicant's suspecting or believing—
(i) that the offence specified above *has been/*is being/*is about to be/*is likely to be committed; and
(ii) that the use of the surveillance device is or will be necessary for the purpose of an investigation into that offence or of enabling evidence or information to be obtained of the commission of that offence or of the identity or location of the offender; and
*(b)(in the case of an application referred to in section 15(5) of the Act) that it would have been impracticable for an affidavit to have been made before the application was made; and
*(c)(in the case of an application referred to in section 16 of the Act) that it would have been impracticable for the applicant to have applied in person for the warrant.
IN DETERMINING THAT the warrant should be issued the Court had regard to (among other things) the several matters listed in section 17(2) of the Act.
MATTERS SPECIFIED FOR THE PURPOSES OF SECTIONS 18 AND 19
ALLEGED OFFENCE
The alleged offence in respect of which this warrant is issued is specified above.
*PERSONS TO BE OVERHEARD OR MONITORED
The person(s) whose private conversations or private activities may be overheard, recorded, monitored or listened to is/are [insert name(s) if known or, if not known, state that fact and give such description of the person(s) as can be given, either by place, time or circumstance].
*PERSON(S) AND/OR OBJECT(S) TO BE TRACKED
The person(s) whose geographical location it is sought to determine is [insert name(s) if known or, if not known, state that fact and give such description of the person(s) as can be given, either by place, time or circumstance].
PERIOD OF WARRANT
The period for which this warrant is in force begins on [insert date (and time, if applicable)] and ends on [insert date (and time, if applicable)], both inclusive.
OFFICER PRIMARILY RESPONSIBLE FOR EXECUTION OF WARRANT
The name of the law enforcement officer primarily responsible for executing this warrant is [insert the name of law enforcement officer primarily responsible for executing this warrant].
LOCATION OF DEVICE
* The device is to be installed on premises at [identify premises, if known] or is to be used at [insert description of place, if known].
* The device is to be used in or on the following object or class of object, that is to say [insert description of object or class of object].
*CONDITIONS ATTACHED
This warrant is subject to the following conditions: [insert any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant].
TIME FOR REPORT TO COURT
The applicant must report to the Court under section 30K of the Act before [insert date and time].
OTHER PREMISES SPECIFIED UNDER SECTION 19(2)(a)(ii)
*For the purposes of section 19(2)(a)(ii) of the Act, the following other premises are specified: [insert details of premises adjoining, or providing access to, premises specified under section 18(1)(b) of the Act].
Date:
[signature of Judge]
[name of Judge]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable
__________________
| Rule 7.05(2) | FORM 6–7E |
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Surveillance Devices Act 1999
and
IN THE MATTER of an application for a retrieval warrant
RETRIEVAL WARRANT
THIS WARRANT, which is issued under the Surveillance Devices Act 1999 ("the Act") by the Supreme Court of Victoria upon the application of *[name of law enforcement officer making the application for the warrant], [rank/position of officer], of [organisation to which officer belongs] at [name of station/address of premises at which officer works]/ /*[name of applicant] being a person acting on behalf of a law enforcement officer ("the applicant").
AUTHORISES THE RETRIEVAL of [insert description of surveillance device to be retrieved] ("the device") from [insert address, description or location of premises or object at which the device is suspected or believed to be].
*THE APPLICATION was supported by the following affidavit or affidavits setting out the grounds on which the warrant was sought: [insert name of deponent and date of each affidavit relied upon by the applicant]
THE COURT IS SATISFIED—
(a)that there are reasonable grounds for the applicant's suspecting or believing that a surveillance device that was lawfully installed on premises, or in or on an object, under a surveillance device warrant is still on those premises or in or on that object or on other premises or in or an another object; and
*(b)(in the case of an application referred to in section 20C(5) of the Act) that it would have been impracticable for an affidavit to have been made before the application was made; and
*(c)(in the case of an application referred to in section 20D of the Act) that it would have been impracticable for the applicant to have applied in person for the warrant.
IN DETERMINING that this warrant should be issued, the Court had regard to (among other things) the several matters listed in section 20E(2) of the Act.
PERIOD OF WARRANT (NOT EXCEEDING 90 DAYS)
The period for which this warrant is in force begins on [insert date (and time if applicable)] and ends on [insert date (and time if applicable)], both inclusive.
OFFICER PRIMARILY RESPONSIBLE FOR EXECUTION OF WARRANT
The name of the law enforcement officer primarily responsible for executing this warrant is [insert the name of law enforcement officer primarily responsible for executing this warrant].
CONDITIONS ATTACHED
This warrant is subject to the following conditions: [insert any conditions subject to which the premises may be entered under the warrant].
TIME FOR REPORT TO COURT
The person to whom this warrant is issued must report to the Court under section 30K of the Act before [insert date and time].
POWERS CONFERRED BY THIS WARRANT
This warrant authorises—
(a)the retrieval of the device and any enhancement equipment in relation to the device; and
(b)the entry, by force if necessary, onto the premises where the surveillance device is reasonably believed to be, or other premises adjoining or providing access to those premises, for the purpose of retrieving the device and equipment; and
(c)the breaking open of any thing for the purpose of the retrieval of the device and equipment; and
(d)if the device or equipment is installed on or in an object, the temporary removal of the object from any place where it is situated for the purpose of the retrieval of the device and equipment and the return of the object to that place; and
(e)the provision of assistance or technical expertise to the law enforcement officer primarily responsible for executing the warrant in the retrieval of the device or equipment.
Date:
[signature of Judge]
[name of Judge]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if not applicable
__________________'.
__________________
PART 3—SERIOUS SEX OFFENDERS MONITORING ACT RULES AND MAJOR CRIME (INVESTIGATIVE POWERS) ACT RULES
11.New Orders 12 and 13
After Order 11 of the Principal Rules insert—
'ORDER 12—SERIOUS SEX OFFENDERS MONITORING RULES
12.01Definition
In this Order—
"the Act" means the Serious Sex Offenders Monitoring Act 2005.
12.02Application of Order
This Order applies to a proceeding in the Court under Part 2 of the Act.
12.03Form of application for extended supervision order and renewal of extended supervision order
(1)An application to the Court under section 5 of the Act for an extended supervision order may be in Form 6–12A.
(2)An application to the Court under section 24 of the Act for renewal of an extended supervision order may be in Form 6–12A, with any necessary modification.
12.04Form of order
An extended supervision order may be in Form 6–12B.
12.05Application for review of order
(1)An application to the Court under section 21 of the Act for review of an extended supervision order may be in Form 6–12C.
(2)An application by an offender under section 21(3) of the Act for leave to apply for a review of an extended supervision order may be made at the same time as an application under that section for a review of an extended supervision order.
12.06Notice of intention to dispute report
(1)A notice of intention to dispute the whole or any part of an assessment report or other report made to the Court by a medical expert filed by a party under section 11(4) or 23(4) of the Act must be served on the other party—
(a)in accordance with section 45 of the Act; and
(b)as soon as practicable and not less than 10 days before the day for the hearing of the application.
(2)A notice of intention to dispute the whole or any part of an assessment report or other report made to the Court by a medical expert filed by a party under section 11(4) or 23(4) of the Act may be in Form 6–12D.
12.07Order for a person to attend for examination
An order under section 28 of the Act may be in Form 6–12E.
12.08Filing of documents
Unless the Court otherwise orders, an application and any accompanying assessment report shall—
(a)be filed before the application is made with the Associate to the Judge from whom the order is sought; and
(b)not be available for inspection by any person.
ORDER 13—MAJOR CRIME (INVESTIGATIVE POWERS) RULES
13.01Definition
In this Order—
"the Act" means the Major Crime (Investigative Powers) Act 2004.
13.02Application of Order
This Order applies to a proceeding in the Court under Part 2 of the Act.
13.03Applications made under this Order
An application in a proceeding under Part 2 of the Act shall be made to a Judge in the Criminal Division, or if no Judge of the Criminal Division is available, to a Judge in the Practice Court.
13.04Form of application for coercive powers order or extension or variation of order
(1)An application to the Court under section 5(1) of the Act for a coercive powers order may be in Form 6–13A.
(2)An application to the Court under section 10 of the Act for an extension or a variation of a coercive powers order may be in
Form 6–13A with any necessary modification.
13.05Form of order
A coercive powers order may be in
Form 6–13B.
13.06Form of application for witness summons
An application to the Court under section 14(3) of the Act for the issue of a witness summons may be in Form 6–13C.
13.07Form of application for order to bring person in custody before Chief Examiner
An application to the Court under section 18(2) of the Act may be in
Form 6–13D.
13.08Filing of documents
Unless the Court otherwise orders, an application and any affidavit in support shall—
(a)subject to section 5(6) and (7) of the Act, be filed before the application is made with the Associate to the Judge from whom the order or summons is sought; and
(b)not be available for inspection by any person.'.
12.New Forms inserted
After Form 6–11B of the Principal Rules insert—
'__________________
| Rule 12.03 | FORM 6–12A |
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Serious Sex Offenders Monitoring Act 2005
and
IN THE MATTER of an application under section 5 of the Act for an extended supervision order.
BETWEEN
The Secretary to the
Department of Justice Applicantand
C.D. Respondent
APPLICATION FOR EXTENDED SUPERVISION ORDER
The Secretary to the Department of Justice applies under section 5 of the Serious Sex Offenders Monitoring Act 2005 ("the Act") for an extended supervision order in respect of C.D. who is an eligible offender within the meaning of the Act.
THIS APPLICATION is made upon the grounds that if C.D. is not made subject to an extended supervision order, there is a high degree of probability that C.D. is likely to commit a relevant offence as defined in the Act if released in the community on completion of the service of the custodial sentence that *he/*she is serving at the time at which this application is made.
THE PARTICULARS of the relevant offence as defined in the Act in respect of which a custodial sentence as defined in the Act was imposed on C.D. are: [insert particulars].
THE PARTICULARS of the custodial sentence as defined in the Act which was imposed on C.D. are: [insert particulars].
THE RELEVANT *offence/*offences which it is likely that C.D. will commit if released in the community on completion of the service of the custodial sentence that *he /*she is serving at the time at which this application is made *is/*are: [specify relevant offence or offences].
THE GROUNDS on which the likelihood is founded that there is a high degree of probability that C.D. is likely to commit a relevant offence or relevant offences if released in the community on completion of the service of the custodial sentence that *he/*she is serving at the time at which this application is made are: [specify grounds]
THE PERIOD sought for the duration of the extended supervision order is: [insert period, not exceeding 15 years]
Dated:
[Applicant's signature]
for and on behalf of the Secretary to the Department of Justice
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if inapplicable
__________________
| Rule 12.04 | FORM 6–12B |
[heading as in Form 6–12A]
EXTENDED SUPERVISION ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]
OTHER MATTERS:
THE COURT IS SATISFIED to a high degree of probability that the offender C.D. is likely to commit a relevant offence as defined in the Serious Sex Offenders Monitoring Act 2005 *if released/*having been released in the community on completion of the service of the custodial sentence that *he/*she *is serving/*was serving at the time at which the application was made, if C.D. is not made subject to an extended supervision order.
THE COURT ORDERS THAT:
1.C.D. is subject to an extended supervision order under the Serious Sex Offenders Monitoring Act 2005 ("the Act").
2.THIS ORDER commences on:
3.THE PERIOD for which this order remains in force is: [insert period, not exceeding 15 years]
4.THE LATEST DATE by the first review of this order under Division 3 of Part 2 of the Act must be undertaken is: [insert period, being not later than 3 years after order is first made]
5.THE MAXIMUM INTERVALS between subsequent reviews of this order is: [insert period, being no more than intervals of 3 years]
6.PURSUANT TO section 15(3) of the Act, the conditions of this order are that, during the period of the order, C.D. must—
1. not commit, whether in or outside Victoria, another relevant offence as defined in the Act or an offence that, if committed in Victoria, would be a relevant offence.
2. attend at any place as directed by the Secretary to the Department of Justice or the Adult Parole Board for the purpose of supervision, assessment or monitoring.
3. report to, and receive visits from, the Secretary to the Department of Justice or any person nominated by the Secretary to the Department of Justice for the purposes of section 15(3)(c) of the Act.
4. notify the Secretary to the Department of Justice of any change of name or employment at least 2 clear working days before the change.
5. not move to a new address without the prior written consent of the Secretary to the Department of Justice.
6. not leave Victoria except with the permission of the Secretary to the Department of Justice granted either generally or in relation to the particular case.
7. obey all lawful instructions and directions of the Secretary to the Department of Justice given under section 16(1) of the Act.
8. obey all lawful instructions and directions of the Adult Parole Board given under section 16(2) of the Act.
[signature of Judge]
[name of Judge]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
__________________
| Rule 12.05 | FORM 6–12C |
[heading as in Form 6–12A]
APPLICATION FOR REVIEW OF EXTENDED SUPERVISION ORDER
*The Secretary to the Department of Justice applies under section *21(2)(a)/*21(2)(b) of the Serious Sex Offenders Monitoring Act 2005 ("the Act") for a review of the extended supervision order made by the Court [insert date of order].
*I, C.D. apply under section 21(3) of the Serious Sex Offenders Monitoring Act 2005 ("the Act") for leave of the Court to apply for a review of the extended supervision order made by the Court [insert date and relevant details of order] and a review of that extended supervision order.
THIS APPLICATION is made for the purpose of determining whether *C.D./*I should remain subject to the extended supervision order made in respect of *him/*her/*me.
THE PARTICULARS of the extended supervision order to which *C.D. is/*I am subject are: [insert particulars].
*THE EXTENDED SUPERVISION ORDER should be revoked because there is *not/*no longer a high degree of probability that *C.D. is/*I am likely to commit a relevant offence or relevant offences if in the community and not subject to that extended supervision order.
*THE EXTENDED SUPERVISION ORDER should not be revoked because there is a high degree of probability that C.D. is likely to commit a relevant offence or relevant offences if in the community and not subject to that extended supervision order.
THE GROUNDS on which this application is made are: [specify grounds]
Dated:
[Applicant's signature]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if inapplicable
__________________
| Rule 12.06(2) | FORM 6–12D |
[heading as in Form 6–12A]
NOTICE OF INTENTION TO DISPUTE ASSESSMENT REPORT OR OTHER REPORT TO COURT OF MEDICAL EXPERT
To the Prothonotary
TAKE NOTICE THAT:
*The Secretary to the Department of Justice intends under *section 11(4)/*section 23(4) of the Serious Sex Offenders Monitoring Act 2005 ("the Act") to dispute the *whole of/*part of *an assessment report/*a report made to the Court by a medical expert.
*I, C.D. intend under *section 11(4)/*section 23(4) of the Serious Sex Offenders Monitoring Act 2005 ("the Act") to dispute the *whole of/*part of *an assessment report/*a report made to the Court by a medical expert.
PARTICULARS
I INTEND TO DISPUTE:
*the whole of the assessment report [identify report]
*part of the assessment report [identify report and part disputed]
*the whole of a report made to the Court by a medical expert [identify report]
*part of a report made to the Court by a medical expert [identify report and part disputed]
THE GROUNDS on which I intend to dispute *the report/*part of the report are [insert brief description of grounds].
Dated:
[Signature of party giving notice
or party's legal advisor]
NOTE
Rule 12.06(1) of Chapter VI of the Rules of the Supreme Court require this notice to be served in accordance with section 45 of the Act and that Rule on the other party to the application for an extended supervision order as soon as practicable and not less than 10 days before the hearing of the application.
* Delete if inapplicable
__________________
| Rule 12.07 | FORM 6–12E |
[heading as in Form 6–12A]
ORDER TO ATTEND FOR EXAMINATION
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]
THE COURT ORDERS THAT under section 28 of the Serious Sex Offenders Monitoring Act 2005 ("the Act") C.D. attend for personal examination by a medical expert or other person [insert name and address or other relevant details of expert or other person who is to conduct the personal examination of the offender and time and place for attendance for examination] for the purposes of enabling that expert or other person to make a report or give evidence to the Court.
[Signature of Judge]
NOTE
To C.D.:
This order requires you to attend a personal examination. Section 28(2) of the Serious Sex Offenders Monitoring Act 2005 provides that you cannot be compelled to submit to an examination or to actively cooperate in the carrying out of an examination.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
__________________
| Rule 13.04 | FORM 6–13A |
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crimes (Investigative Powers) Act 2004
and
IN THE MATTER of an application by A.B., the applicant, under section 5(1) of the Act for a coercive powers order.
APPLICATION FOR COERCIVE POWERS ORDER
I, [name], [rank/position] of the police force of Victoria of [name of station or address of premises at which member works] with the approval of *the Chief Commissioner/*delegate of the Chief Commissioner [specify name and rank of person approving the application] apply under section 5(1) of the Major Crimes (Investigative Powers) Act 2004 ("the Act") for a coercive powers order authorising the use in accordance with the Act of powers provided by the Act for the purpose of investigating an organised crime offence.
I SUSPECT on reasonable grounds that an organised crime offence *has been, *is being, or *is likely to be, committed.
THE PARTICULARS of the organised crime offence in respect of which the coercive powers order is sought are: [insert particulars].
THE NAME of each alleged offender is: [insert name or, if the name is unknown, state that the offender is unknown]
THE PERIOD sought for the duration of the coercive powers order is:
[insert period, not exceeding 12 months]
*I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application.
*THIS APPLICATION is made in circumstances where I believe that the delay caused in complying with section 5(4) of the Act may prejudice the success of the investigation into the organised crime offence in respect of which this application is made. It was impracticable for an affidavit to be prepared or sworn before this application was made for the following reasons: [insert reasons and specify grounds for making the application]
*I RELY upon my affidavit prepared but not sworn that was provided to the Court on [date].
I undertake to the Court to send a duly sworn affidavit to the Judge constituting the Court not later than the day following the making of the application, whether or not a coercive powers order is made.
Dated:
[Applicant's signature]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if inapplicable
__________________
| Rule 13.05 | FORM 6–13B |
[heading as in Form 6–13A]
COERCIVE POWERS ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]
OTHER MATTERS:
THE COURT IS SATISFIED—
(a)that there are reasonable grounds for the suspicion founding the application for the order; and
(b)that it is in the public interest to make the order, having regard to—
(i) the nature and gravity of the alleged organised crime offence in respect of which the order is sought; and
(ii) the impact of the use of coercive powers on the rights of members of the community.
THE ORGANISED CRIME OFFENCE in respect of which this order is made is: [specify organised crime offence].
THE NAME of each alleged offender is: [insert names or, if the name is unknown, state that the offender is unknown]
THE NAME AND RANK of the member of the police force of Victoria who made the application is:
THE NAME AND RANK of the person who approved the application is:
THE COURT ORDERS THAT, in accordance with the Major Crimes (Investigative Powers) Act 2004, the use of the powers provided by the Act is authorised for the purposes of investigating the organised crime offence in respect of which this order is made.
THE PERIOD for which this order remains in force is: [insert period, not exceeding 12 months]
*THE USE OF COERCIVE POWERS under this order is subject to the following conditions—[specify conditions].
[signature of Judge]
[name of Judge]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if inapplicable
__________________
| Rule 13.06 | FORM 6–13C |
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crimes (Investigative Powers) Act 2004
and
IN THE MATTER of an application by A.B. under section 14(3) of the Act for the issue of a witness summons.
APPLICATION FOR ISSUE OF WITNESS SUMMONS
I, [name], [rank/position] of the police force of Victoria of [name of station or address of premises at which member works] apply under section 14(3) of the Major Crimes (Investigative Powers) Act 2004 ("the Act") for the issue of—
*(a)a summons to attend an examination before the Chief Examiner to give evidence;
*(b)a summons to attend at a specified time and place to produce specified documents or other things to the Chief Examiner;
*(c)a summons to attend an examination before the Chief Examiner to give evidence and produce specified documents or other things.
*THIS APPLICATION is made at the same time as an application for the making of a coercive powers order.
*A COERCIVE POWERS ORDER is in force [insert date of making of order and brief description of details of order].
THE PERSON to whom the summons is to be directed is: [insert name]
THE REASON why a summons is needed for the person to whom it is directed is: [insert reason]
THE EVIDENTIARY OR INTELLIGENCE VALUE of the information sought to be obtained from the person to whom the summons is directed is: [indicate evidentiary or intelligence value]
*I SUSPECT that the person to whom the summons is to be directed has a mental impairment.
*I *SUSPECT/*KNOW that the person to whom the summons is to be directed is under the age of 18 years. I *suspect/*know that the person's age is: [insert age].
Dated:
[Applicant's signature]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if inapplicable
__________________
| Rule 13.07 | FORM 6–13D |
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crimes (Investigative Powers) Act 2004
and
IN THE MATTER of an application by A.B. under section 18(2) of the Act.
APPLICATION FOR ORDER UNDER SECTION 18(2) OF THE MAJOR CRIMES (INVESTIGATIVE POWERS) ACT 2004
I, [name], [rank/position] of the police force of Victoria of [name of station or address of premises at which member works] apply under section 18(2) of the Major Crimes (Investigative Powers) Act 2004 ("the Act") for an order that a person held in a prison or police gaol be delivered into my custody for the purpose of bringing the person before the Chief Examiner to give evidence at an examination.
THE PERSON in respect of whom the order is sought is: [insert name and other details e.g. address of prison or police gaol where the person is held]
THE REASON why an order is needed for the person to whom it is directed is: [insert reason]
THE EVIDENTIARY OR INTELLIGENCE VALUE of the information sought to be obtained from the person to whom the order is directed is: [indicate evidentiary or intelligence value]
*I SUSPECT that the person to whom the order is to be directed has a mental impairment.
*I *SUSPECT/*KNOW that the person to whom the order is to be directed is under the age of 18 years. I *suspect/*know that the person's age is: [insert age].
Dated:
[Applicant's signature]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* Delete if inapplicable'.
Dated: 28 July 2005
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
W. F. ORMISTON, J.A.
STEPHEN CHARLES, J.A.
F. H. CALLAWAY, J.A.
PETER BUCHANAN, J.A.
F. H. R. VINCENT, J.A.
GEOFFREY NETTLE, J.A.
DAVID ASHLEY, J.A.
P. D. CUMMINS, J.
T. H. SMITH, J.
JOHN COLDREY, J.
DAVID BYRNE, J.
PHILIP MANDIE, J.
BERNARD D. BONGIORNO, J.
R. S. OSBORN, J.
JULIE DODDS-STREETON, J.
R. F. REDLICH, J.
STUART MORRIS, J.
STEPHEN KAYE, J.
SIMON P. WHELAN, J.
KEVIN H. BELL, J.
═══════════════
ENDNOTES
[1] Rule 4: S.R. No. 33/1998. Reprint No. 2 as at 1 July 2004. Subsequently amended by S.R. Nos 7/2005 and 22/2005.
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