Victorian Numbered Acts

SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) ACT 2009 (NO. 91 OF 2009)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes and outline  
   2.      Commencement  
   3.      Definitions  
   4.      Who is an eligible offender?  
   5.      Offender still serving a sentence when on parole  
   6.      Functions and powers of Adult Parole Board  

   PART 2--SUPERVISION ORDERS

           Division 1--Application for supervision order

   7.      Secretary may apply for a supervision order  
   8.      Form of application  

           Division 2--Supervision order

   9.      When may a court make a supervision order?  
   10.     Supervision order  
   11.     Commencement of supervision order  
   12.     Period of supervision order  
   13.     Effect of new supervision order on existing supervision order  
   14.     Copy of order to go to Adult Parole Board  

           Division 3--Conditions of supervision order

   15.     Conditions of supervision order  
   16.     Core conditions of supervision order  
   17.     Suggested conditions  
   18.     Conditions relating to where an offender is to reside  
   19.     Other discretionary conditions  
   20.     Condition authorising Adult Parole Board to give directions  
   21.     Submissions relating to conditions  
   22.     Certificate of available resources  
   23.     Court to consider victim submissions  
   24.     Temporary conditions  

           Division 4--Expiry of supervision order

   25.     Expiry of supervision order  
   26.     Notices in relation to indefinite sentence  
   27.     Effect of expiry of supervision order  

           Division 5--Renewal of supervision order

   28.     Renewal of supervision order  
   29.     Renewed supervision order  
   30.     Commencement of renewed supervision order  
   31.     Effect of renewed order  
   32.     Copy of renewed order to go to Adult Parole Board  

   PART 3--DETENTION ORDERS

           Division 1--Application for detention order

   33.     Director of Public Prosecutions may apply for a detention order  
   34.     Form of application  

           Division 2--Detention order

   35.     Court must first be satisfied that there is an unacceptable risk  
   36.     Decision to make order  
   37.     Evidence to be of sufficient weight to justify decision  
   38.     Detention order  
   39.     Commencement of detention order  
   40.     Period of detention order  
   41.     Effect of new detention order on existing detention order  
   42.     Effect of detention order  
   43.     Copy of detention order to go to Adult Parole Board  

           Division 3--Expiry of detention order

   44.     Expiry of detention order  

           Division 4--Renewal of detention order

   45.     Renewal of detention order  
   46.     Renewed detention order  
   47.     Commencement of renewed order  
   48.     Effect of renewed order  
   49.     Copy of renewed order to go to Adult Parole Board  

   PART 4--INTERIM ORDERS

           Division 1--Application for interim order

   50.     Secretary may apply for interim supervision order  
   51.     Director of Public Prosecutions may apply for interim detention order  
   52.     When court may determine application if offender is no longer serving custodial sentence  

           Division 2--Interim order

   53.     When may a court make an interim supervision order?  
   54.     When may a court make an interim detention order?  
   55.     Interim order  
   56.     Commencement of interim order  
   57.     Period of interim order  
   58.     Conditions of interim supervision order  

           Division 3--of Part 2 applies with respect to an interim supervision order as if a reference in that Division to a supervision order were a reference to an interim supervision order.

   59.     Application of Act to interim order  
   60.     Copy of interim order to go to Adult Parole Board  

           Division 3--Expiry of interim order

   61.     Expiry of interim order  
   62.     Effect of expiry of interim supervision order  

           Division 4--Extension of interim order

   63.     Extension of interim order  
   64.     Order extending interim order  

   PART 5--REVIEW OF ORDERS AND CONDITIONS

           Division 1--Review of orders

   65.     Periodic reviews of supervision orders  
   66.     Periodic reviews of detention orders  
   67.     Offender serving custodial sentence at time of review  
   68.     Leave for review  
   69.     To which court is an application for review to be made?  
   70.     Form of application  
   71.     Purpose of review  
   72.     What is the court to consider?  
   73.     Decision on supervision order—general  
   74.     Application for review of detention order  
   75.     Effect of custodial order on time for review  

           Division 2--Review of conditions of supervision order

   76.     Application of Division  
   77.     Application for review of condition of supervision order  
   78.     Power of court on review  

   PART 6--PROCEEDINGS RELATING TO ORDERS

           Division 1--Applications for orders

   79.     Nature of proceeding  
   80.     Service of application and other documents  
   81.     Exclusion of evidence from disclosure  

           Division 2--Procedure for hearings

   82.     Hearing of application  
   83.     Directions hearings  
   84.     Court may order offender to attend for examination  
   85.     Attendance of offender at hearings  
   86.     Adjournment of hearing  
   87.     Legal representation  
   88.     Admissibility of evidence  
   89.     Matters to which court may have regard  
   90.     Reasons for decisions  

           Division 3--Arrest of offender to attend hearing

   91.     Power to issue arrest warrant  
   92.     Execution of arrest warrant  
   93.     Arrested offender to be brought before court  

           Division 4--Victim submissions

   94.     Victim submission  
   95.     Victim submission not to be released to offender without consent  

   PART 7--APPEALS

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

   96.     Appeals by offenders  
   97.     Appeals by the Secretary  
   98.     Appeals by the Director of Public Prosecutions  
   99.     Procedure for appeals  
   100.    Powers to consider new evidence  
   101.    Powers of Court of Appeal  
   102.    Court of Appeal may make interim order  

           Division 2--Appeals relating to publication of information

   103.    Appeal relating to publication of information  

   PART 8--ASSESSMENT OF ELIGIBLE OFFENDERS

           Division 1--Assessment

   104.    Secretary to consider whether order should be made in respect of eligible offender  
   105.    Referral to Director of Public Prosecutions  
   106.    Who can make an assessment report?  
   107.    Secretary may direct offender to attend for examination  
   108.    Additional assessments  
   109.    What is an assessment report?  

           Division 2--Progress reports

   110.    Progress report to be prepared  
   111.    Application of Division 1  
   112.    Progress report  

           Division 3--Disputed reports

   113.    Disputing reports  

   PART 9--MANAGEMENT OF OFFENDERS ON DETENTION ORDERS

   114.    Function of Adult Parole Board in relation to detention orders  
   115.    Status of offender on detention orders or interim detention orders  
   116.    Relationship to Corrections Act 1986  

   PART 10--MANAGEMENT OF OFFENDERS ON SUPERVISION ORDERS

           Division 1--Introductory

   117.    Definition  

           Division 2--Functions and powers of Adult Parole Board

   118.    Functions of Adult Parole Board  
   119.    Directions by Adult Parole Board  
   120.    Emergency power of direction  
   121.    Instructions  
   122.    Notice of directions or instructions  
   123.    Offender may make submissions  
   124.    Attendance of offender at meetings of Adult Parole Board  
   125.    Decision of Adult Parole Board on submissions  
   126.    Reasons for directions  
   127.    Offender may inspect documents with permission of the Adult Parole Board  
   128.    Adult Parole Board must notify Secretary of certain matters  
   129.    Victim submissions  
   130.    How victim submissions are dealt with by the Adult Parole Board  
   131.    Urgent review of conditions of supervision order  
   132.    Report to the court  
   133.    Appointment of residential facilities  
   134.    Management of residential facility  
   135.    Persons working at residential facility to be subject to direction  
   136.    Duties of supervision officers  
   137.    Supervision officer may give instructions  
   138.    Offender entitled to enter and leave residential facility  
   139.    Visitors  
   140.    Exclusion of visitors for safety reasons  
   141.    Visitors to give certain information  
   142.    Search  
   143.    Seizure  
   144.    Register of seized things  
   145.    Photographing  
   146.    Supervision officers may use force to enforce instructions in certain circumstances  
   147.    Access to residential facility  

           Division 4--Management of offenders at other locations

   148.    Application of Division  
   149.    Management of offender  
   150.    Community corrections officers to be subject to direction  
   151.    Community corrections officer may give instructions  
   152.    Search  
   153.    Seizure  
   154.    Register of seized things  

           Division 5--Alcohol and drug testing of offenders

   155.    Application of Division  
   156.    Offender to submit to testing  
   157.    Secretary to approve test procedures  
   158.    Taking of samples of drugs and alcohol  

   PART 11--BREACH OF SUPERVISION ORDER

           Division 1--Introductory

   159.    Definition  

           Division 2--Breach of order

   160.    Offence to breach order  
   161.    Adult Parole Board may inquire into breach  
   162.    Seriousness of breach  
   163.    Action by Adult Parole Board in respect of breach  

           Division 3--Holding power

   164.    Criteria for exercise of powers  
   165.    Detention power  
   166.    Search of person  
   167.    Procedural requirements for offender apprehended and detained  
   168.    Duration of holding powers  
   169.    Notice to Secretary  
   170.    No questioning during holding period  

           Division 4--Enforcement of offence

   171.    Powers of arrest  
   172.    Proceedings for offence  

   PART 12--CHANGE OF NAME

   173.    Application of Part  
   174.    Definitions  
   175.    Applications for change of name by or on behalf of an offender  
   176.    Approval by Adult Parole Board  
   177.    Approval to be notified in writing  
   178.    Registration of change of name  
   179.    Registrar may correct Register  
   180.    Information-sharing between the Secretary and the Victorian Registrar  
   181.    Notice to Secretary  

   PART 13--RESTRICTION AND SHARING OF INFORMATION

           Division 1--Suppression of publication

   182.    Offence to publish certain information  
   183.    Publication order  
   184.    Restriction on identification of offender  
   185.    Matters to which court must have regard  
   186.    Offence to publish information  

           Division 2--Recording and sharing of information

   187.    Record of eligible offenders  
   188.    Additional information to be obtained by Secretary  
   189.    Sharing of information  
   190.    Guidelines for disclosure  
   191.    Disclosure of information to responsible persons  
   192.    Sharing information with healthcare providers  

   PART 14--GENERAL

   193.    Service of documents  
   194.    Costs  
   195.    Certificate of available resources  
   196.    Delegation by Secretary  
   197.    Delegation by Commissioner  
   198.    Regulations  
   199.     Transitional provisions  

   PART 15--REPEAL AND CONSEQUENTIAL AMENDMENT OF OTHER ACTS

           Division 1--Repeal of Serious Sex Offenders Monitoring Act 2005

   200.    Repeal of Serious Sex Offenders Monitoring Act 2005  

           Division 2--Amendments to Corrections Act 1986

   201.    Offender in legal custody of Secretary  
   202.    Information for victims  
   203.    Inclusion on victims register  
   204.    Release of information to family members  
   205.    Membership of Adult Parole Board  
   206.    Divisions of Adult Parole Board  
   207.    New section 64A inserted  
   208.    Meetings of Adult Parole Board  
   209.    Functions of Board  
   210.    Secretary to provide assistance to Board  
   211.    Reports  
   212.    Officers subject to Board's directions  
   213.    Secretary may direct offender to work  
   214.    Definitions  
   215.    Substitution of section 104F  
   216.    Photographing  
   217.    Substitution of section 104L  
   218.    Regional Manager to ensure that officers have access to certain information  

           Division 3--Amendment of other Acts

   219.    Consequential amendments  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES