Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Serious Sex Offenders (Detention and Supervision)
Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes and outline 1
2 Commencement 3
3 Definitions 3
4 Who is an eligible offender? 8
5 Offender still serving a sentence when on parole 9
6 Functions and powers of Adult Parole Board 10
PART 2--SUPERVISION ORDERS 11
Division 1--Application for supervision order 11
7 Secretary may apply for a supervision order 11
8 Form of application 12
Division 2--Supervision order 12
9 When may a court make a supervision order? 12
10 Supervision order 14
11 Commencement of supervision order 14
12 Period of supervision order 15
13 Effect of new supervision order on existing supervision order 15
14 Copy of order to go to Adult Parole Board 16
Division 3--Conditions of supervision order 16
15 Conditions of supervision order 16
16 Core conditions of supervision order 17
17 Suggested conditions 18
18 Conditions relating to where an offender is to reside 20
19 Other discretionary conditions 20
20 Condition authorising Adult Parole Board to give directions 20
21 Submissions relating to conditions 21
22 Certificate of available resources 22
23 Court to consider victim submissions 22
24 Temporary conditions 22
561196B.I-11/11/2009 i BILL LA INTRODUCTION 11/11/2009
Clause Page
Division 4--Expiry of supervision order 23
25 Expiry of supervision order 23
26 Notices in relation to indefinite sentence 23
27 Effect of expiry of supervision order 23
Division 5--Renewal of supervision order 24
28 Renewal of supervision order 24
29 Renewed supervision order 24
30 Commencement of renewed supervision order 25
31 Effect of renewed order 25
32 Copy of renewed order to go to Adult Parole Board 26
PART 3--DETENTION ORDERS 27
Division 1--Application for detention order 27
33 Director of Public Prosecutions may apply for a detention
order 27
34 Form of application 28
Division 2--Detention order 28
35 Court must first be satisfied that there is an unacceptable risk 28
36 Decision to make order 29
37 Evidence to be of sufficient weight to justify decision 30
38 Detention order 30
39 Commencement of detention order 31
40 Period of detention order 31
41 Effect of new detention order on existing detention order 32
42 Effect of detention order 32
43 Copy of detention order to go to Adult Parole Board 32
Division 3--Expiry of detention order 33
44 Expiry of detention order 33
Division 4--Renewal of detention order 33
45 Renewal of detention order 33
46 Renewed detention order 34
47 Commencement of renewed order 34
48 Effect of renewed order 35
49 Copy of renewed order to go to Adult Parole Board 35
561196B.I-11/11/2009 ii BILL LA INTRODUCTION 11/11/2009
Clause Page
PART 4--INTERIM ORDERS 36
Division 1--Application for interim order 36
50 Secretary may apply for interim supervision order 36
51 Director of Public Prosecutions may apply for interim
detention order 37
52 When court may determine application if offender is no
longer serving custodial sentence 37
Division 2--Interim order 38
53 When may a court make an interim supervision order? 38
54 When may a court make an interim detention order? 39
55 Interim order 41
56 Commencement of interim order 42
57 Period of interim order 42
58 Conditions of interim supervision order 43
59 Application of Act to interim order 43
60 Copy of interim order to go to Adult Parole Board 43
Division 3--Expiry of interim order 43
61 Expiry of interim order 43
62 Effect of expiry of interim supervision order 44
Division 4--Extension of interim order 44
63 Extension of interim order 44
64 Order extending interim order 45
PART 5--REVIEW OF ORDERS AND CONDITIONS 47
Division 1--Review of orders 47
65 Periodic reviews of supervision orders 47
66 Periodic reviews of detention orders 47
67 Offender serving custodial sentence at time of review 47
68 Leave for review 48
69 To which court is an application for review to be made? 48
70 Form of application 49
71 Purpose of review 49
72 What is the court to consider? 49
73 Decision on supervision order--general 50
74 Application for review of detention order 51
75 Effect of custodial order on time for review 52
Division 2--Review of conditions of supervision order 52
76 Application of Division 52
77 Application for review of condition of supervision order 53
78 Power of court on review 53
561196B.I-11/11/2009 iii BILL LA INTRODUCTION 11/11/2009
Clause Page
PART 6--PROCEEDINGS RELATING TO ORDERS 55
Division 1--Applications for orders 55
79 Nature of proceeding 55
80 Service of application and other documents 55
81 Exclusion of evidence from disclosure 56
Division 2--Procedure for hearings 56
82 Hearing of application 56
83 Directions hearings 57
84 Court may order offender to attend for examination 58
85 Attendance of offender at hearings 58
86 Adjournment of hearing 59
87 Legal representation 59
88 Admissibility of evidence 60
89 Matters to which court may have regard 60
90 Reasons for decisions 61
Division 3--Arrest of offender to attend hearing 61
91 Power to issue arrest warrant 61
92 Execution of arrest warrant 62
93 Arrested offender to be brought before court 62
Division 4--Victim submissions 63
94 Victim submission 63
95 Victim submission not to be released to offender without
consent 64
PART 7--APPEALS 66
Division 1--Appeals relating to supervision, detention and interim
orders 66
96 Appeals by offenders 66
97 Appeals by the Secretary 66
98 Appeals by the Director of Public Prosecutions 67
99 Procedure for appeals 67
100 Powers to consider new evidence 68
101 Powers of Court of Appeal 68
102 Court of Appeal may make interim order 70
Division 2--Appeals relating to publication of information 71
103 Appeal relating to publication of information 71
561196B.I-11/11/2009 iv BILL LA INTRODUCTION 11/11/2009
Clause Page
PART 8--ASSESSMENT OF ELIGIBLE OFFENDERS 72
Division 1--Assessment 72
104 Secretary to consider whether order should be made in respect
of eligible offender 72
105 Referral to Director of Public Prosecutions 72
106 Who can make an assessment report? 73
107 Secretary may direct offender to attend for examination 74
108 Additional assessments 74
109 What is an assessment report? 75
Division 2--Progress reports 77
110 Progress report to be prepared 77
111 Application of Division 1 77
112 Progress report 77
Division 3--Disputed reports 78
113 Disputing reports 78
PART 9--MANAGEMENT OF OFFENDERS ON DETENTION
ORDERS 79
114 Function of Adult Parole Board in relation to detention orders 79
115 Status of offender on detention orders or interim detention
orders 79
116 Relationship to Corrections Act 1986 80
PART 10--MANAGEMENT OF OFFENDERS ON
SUPERVISION ORDERS 81
Division 1--Introductory 81
117 Definition 81
Division 2--Functions and powers of Adult Parole Board 81
118 Functions of Adult Parole Board 81
119 Directions by Adult Parole Board 82
120 Emergency power of direction 82
121 Instructions 83
122 Notice of directions or instructions 83
123 Offender may make submissions 83
124 Attendance of offender at meetings of Adult Parole Board 83
125 Decision of Adult Parole Board on submissions 84
126 Reasons for directions 84
127 Offender may inspect documents with permission of the
Adult Parole Board 85
128 Adult Parole Board must notify Secretary of certain matters 86
561196B.I-11/11/2009 v BILL LA INTRODUCTION 11/11/2009
Clause Page
129 Victim submissions 86
130 How victim submissions are dealt with by the Adult Parole
Board 87
131 Urgent review of conditions of supervision order 89
132 Report to the court 89
Division 3--Management of offenders at residential facilities 89
133 Appointment of residential facilities 89
134 Management of residential facility 90
135 Persons working at residential facility to be subject to
direction 91
136 Duties of supervision officers 91
137 Supervision officer may give instructions 92
138 Offender entitled to enter and leave residential facility 93
139 Visitors 93
140 Exclusion of visitors for safety reasons 93
141 Visitors to give certain information 94
142 Search 95
143 Seizure 97
144 Register of seized things 98
145 Photographing 98
146 Supervision officers may use force to enforce instructions in
certain circumstances 99
147 Access to residential facility 99
Division 4--Management of offenders at other locations 100
148 Application of Division 100
149 Management of offender 100
150 Community corrections officers to be subject to direction 100
151 Community corrections officer may give instructions 101
152 Search 101
153 Seizure 102
154 Register of seized things 102
Division 5--Alcohol and drug testing of offenders 103
155 Application of Division 103
156 Offender to submit to testing 103
157 Secretary to approve test procedures 104
158 Taking of samples of drugs and alcohol 104
PART 11--BREACH OF SUPERVISION ORDER 106
Division 1--Introductory 106
159 Definition 106
561196B.I-11/11/2009 vi BILL LA INTRODUCTION 11/11/2009
Clause Page
Division 2--Breach of order 106
160 Offence to breach order 106
161 Adult Parole Board may inquire into breach 106
162 Seriousness of breach 107
163 Action by Adult Parole Board in respect of breach 108
Division 3--Holding power 108
164 Criteria for exercise of powers 108
165 Detention power 108
166 Search of person 109
167 Procedural requirements for offender apprehended and
detained 109
168 Duration of holding powers 111
169 Notice to Secretary 111
170 No questioning during holding period 111
Division 4--Enforcement of offence 111
171 Powers of arrest 111
172 Proceedings for offence 112
PART 12--CHANGE OF NAME 114
173 Application of Part 114
174 Definitions 114
175 Applications for change of name by or on behalf of an
offender 114
176 Approval by Adult Parole Board 115
177 Approval to be notified in writing 115
178 Registration of change of name 116
179 Registrar may correct Register 116
180 Information-sharing between the Secretary and the Victorian
Registrar 117
181 Notice to Secretary 117
PART 13--RESTRICTION AND SHARING OF
INFORMATION 118
Division 1--Suppression of publication 118
182 Offence to publish certain information 118
183 Publication order 119
184 Restriction on identification of offender 119
185 Matters to which court must have regard 119
186 Offence to publish information 120
561196B.I-11/11/2009 vii BILL LA INTRODUCTION 11/11/2009
Clause Page
Division 2--Recording and sharing of information 120
187 Record of eligible offenders 120
188 Additional information to be obtained by Secretary 120
189 Sharing of information 121
190 Guidelines for disclosure 123
191 Disclosure of information to responsible persons 124
192 Sharing information with healthcare providers 124
PART 14--GENERAL 125
193 Service of documents 125
194 Costs 125
195 Certificate of available resources 126
196 Delegation by Secretary 126
197 Delegation by Commissioner 126
198 Regulations 126
199 Transitional provisions 127
PART 15--REPEAL AND CONSEQUENTIAL AMENDMENT
OF OTHER ACTS 128
Division 1--Repeal of Serious Sex Offenders Monitoring Act 2005 128
200 Repeal of Serious Sex Offenders Monitoring Act 2005 128
Division 2--Amendments to Corrections Act 1986 128
201 Offender in legal custody of Secretary 128
202 Information for victims 129
203 Inclusion on victims register 130
204 Release of information to family members 131
205 Membership of Adult Parole Board 131
206 Divisions of Adult Parole Board 131
207 New section 64A inserted 131
64A Detention and Supervision Order division 131
208 Meetings of Adult Parole Board 132
209 Functions of Board 133
210 Secretary to provide assistance to Board 133
211 Reports 133
212 Officers subject to Board's directions 135
213 Secretary may direct offender to work 135
214 Definitions 136
215 Substitution of section 104F 136
104F Application of this Division 136
216 Photographing 137
217 Substitution of section 104L 137
104L Application of this Division 137
218 Regional Manager to ensure that officers have access to
certain information 138
561196B.I-11/11/2009 viii BILL LA INTRODUCTION 11/11/2009
Clause Page
Division 3--Amendment of other Acts 138
219 Consequential amendments 138
__________________
SCHEDULES 139
SCHEDULE 1--Relevant Offences 139
SCHEDULE 2--Transitional Provisions 144
1 Definitions 144
2 Interpretation of Legislation Act 1984 not affected 144
3 Old Act to continue in relation to orders under old Act 144
4 Review of extended supervision order 145
5 Renewal of extended supervision order 145
6 Appeals 145
7 Application for an order 146
8 Eligible offender 146
9 Victims submissions 147
10 Change of name 147
11 Management of offenders 147
12 Information sharing 147
13 Transitional regulations 148
SCHEDULE 3--Consequential Amendments 149
1 Disability Act 2006 149
2 Sentencing Act 1991 150
3 Sex Offenders Registration Act 2004 151
70J Registrable offender who is also subject to a
supervision or detention order or extended
supervision order 151
4 Surveillance Devices Act 1999 152
5 Transport Act 1983 152
6 Victims' Charter Act 2006 152
7 Working with Children Act 2005 153
ENDNOTES 155
561196B.I-11/11/2009 ix BILL LA INTRODUCTION 11/11/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Serious Sex Offenders (Detention and
Supervision) Bill 2009
A Bill for an Act to enhance the protection of the community by
requiring offenders who have served custodial sentences for certain
sexual offences and who present an unacceptable risk of harm to the
community to be subject to ongoing detention or supervision, to
amend the Corrections Act 1986 and other Acts and to repeal the
Serious Sex Offenders Monitoring Act 2005 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes and outline
(1) The main purpose of this Act is to enhance the
protection of the community by requiring
5 offenders who have served custodial sentences for
certain sexual offences and who present an
unacceptable risk of harm to the community to be
subject to ongoing detention or supervision.
561196B.I-11/11/2009 1 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 1--Preliminary
s. 1
(2) The secondary purpose of this Act is to facilitate
the treatment and rehabilitation of such offenders.
(3) In outline, this Act--
(a) defines the class of offender to whom it
5 applies; and
(b) empowers the Supreme Court to make a
detention order of up to 3 years, or an
interim detention order, in respect of an
eligible offender on the application of the
10 Director of Public Prosecutions; and
(c) empowers the Supreme Court or the County
Court to make a supervision order of up to
15 years, or an interim supervision order, in
respect of an eligible offender on the
15 application of the Secretary to the
Department of Justice; and
(d) provides for appeals by offenders, the
Director of Public Prosecutions or the
Secretary to the Department of Justice; and
20 (e) provides for the review, renewal, expiry and
revival of detention orders and supervision
orders and interim orders; and
(f) provides for the review of conditions of
supervision orders and interim supervision
25 orders; and
(g) confers functions on the Adult Parole Board;
and
(h) provides for the management of offenders on
supervision orders and detention orders and
30 interim orders.
561196B.I-11/11/2009 2 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act comes into operation on a day to be
proclaimed.
(2) If this Act does not come into operation before
5 1 January 2011, it comes into operation on that
day.
3 Definitions
In this Act--
Adult Parole Board means the Adult Parole
10 Board established under the Corrections Act
1986;
approved mental health service has the same
meaning as it has in the Mental Health Act
1986;
15 assessment report means a report of a kind that
complies with section 109;
certificate of available resources means a
certificate prepared by the Secretary under
section 195;
20 Commissioner has the same meaning as it has in
the Corrections Act 1986;
community-based disposition means the
following orders under the Sentencing Act
1991--
25 (a) a community-based order;
(b) an intensive corrections order;
(c) that part of a combined custody and
treatment order that is served in the
community;
30 community corrections officer has the same
meaning as it has in the Corrections Act
1986;
561196B.I-11/11/2009 3 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 1--Preliminary
s. 3
custodial sentence means--
(a) an order made by a court sentencing an
offender to be imprisoned or detained
in a prison or police gaol in respect of
5 an offence; or
(b) that part of a combined custody and
treatment order within the meaning of
the Sentencing Act 1991 that the
offender serves in a prison; or
10 (c) any part of an order made by a court
sentencing an offender to be detained in
a youth justice centre in respect of an
offence that the offender serves in a
prison or police gaol; or
15 (d) an order made under section 18M of the
Sentencing Act 1991; or
(e) an order made under section 31(5)(a)
or 31(5)(b) of the Sentencing Act
1991; or
20 (f) a hospital security order--
but does not include--
(g) a suspended sentence of imprisonment
except as provided in paragraph (e); or
(h) an order made under section 18ZT
25 or 19 of the Sentencing Act 1991; or
(i) an order made under section 59 of the
Corrections Act 1986; or
(j) an order referred to in paragraph (c) in
respect of any part of the sentence
30 served in a prison or police gaol solely
on a temporary basis pending the
offender's return to a youth justice
centre;
561196B.I-11/11/2009 4 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 1--Preliminary
s. 3
Department means Department of Justice;
detention order means--
(a) a detention order made by the Supreme
Court under section 36 or section 74; or
5 (b) a renewed detention order made under
Division 4 of Part 3; or
(c) a detention order revived by the Court
of Appeal under section 101(1)(f);
Director of Public Prosecutions means the
10 Director of Public Prosecutions appointed
under section 87AB of the Constitution Act
1975;
DSO division means the Detention and
Supervision Order division of the Adult
15 Parole Board;
eligible offender has the meaning set out in
section 4;
health service provider has the same meaning as
provider has in the Health Services
20 (Conciliation and Review) Act 1987;
hospital security order means an order made
under section 93A of the Sentencing Act
1991;
indefinite sentence has the same meaning as it has
25 in the Sentencing Act 1991;
interim detention order means--
(a) an order made by the Supreme Court on
an application under section 51; or
(b) an interim detention order revived
30 by the Court of Appeal under
section 101(1)(f);
interim order means an interim supervision order
or an interim detention order;
561196B.I-11/11/2009 5 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 1--Preliminary
s. 3
interim supervision order means--
(a) an order made by the Supreme Court or
the County Court on an application
under section 50; or
5 (b) an interim supervision order revived
by the Court of Appeal under
section 101(1)(f);
medical expert means a psychiatrist, psychologist
or other health service provider of a
10 prescribed kind;
parole order means an order under section 74 of
the Corrections Act 1986;
physical examination means an examination of a
person's body that involves touching of the
15 person or removal of the person's clothing;
police gaol has the same meaning as it has in the
Corrections Act 1986;
prison has the same meaning as it has in the
Corrections Act 1986;
20 progress report means a report under Division 2
of Part 8;
psychologist means--
(a) a psychologist registered under the
Health Professions Registration Act
25 2005; or
(b) a person who is qualified to be
registered as a psychologist under the
Health Professions Registration Act
2005; or
30 (c) a person who is qualified or registered
to practise psychology in a place
outside Victoria;
561196B.I-11/11/2009 6 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 1--Preliminary
s. 3
relevant offence means an offence listed in
Schedule 1;
residential facility means premises appointed
under section 133 to be a residential facility;
5 Secretary means the Secretary to the Department;
supervision officer means--
(a) a community corrections officer within
the meaning of the Corrections Act
1986; or
10 (b) an employee in the public service who
is working at a residential facility and
engaged in the supervision of offenders
or the day to day management of the
facility;
15 supervision order means--
(a) an order made by the Supreme Court or
the County Court on an application
under Division 1 of Part 2; or
(b) a supervision order made by the
20 Supreme Court under Division 2 of
Part 3 or confirmed under section 73; or
(c) a supervision order that is renewed
under Division 5 of Part 2; or
(d) a supervision order revived by the
25 Court of Appeal under section
101(1)(f);
working day--
(a) in relation to a court, means a day on
which the offices of the court are open;
30 and
(b) in relation to the Secretary, means a day
on which the principal office of the
Department is open.
561196B.I-11/11/2009 7 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 1--Preliminary
s. 4
4 Who is an eligible offender?
(1) A person is an eligible offender if--
(a) the person is of or over the age of 18 years;
and
5 (b) a court has at any time (whether before, on
or after the commencement of this Act)
imposed a custodial sentence on the person
in respect of a relevant offence; and
(c) at the time at which an application is made
10 under Division 1 of Part 2 for a supervision
order, or under Division 1 of Part 3 for a
detention order, in respect of the person, he
or she is serving in Victoria--
(i) a custodial sentence for a relevant
15 offence (a relevant sentence); or
(ii) another custodial sentence served
concurrently with the relevant sentence
or cumulatively on the relevant
sentence or on another sentence that
20 was uncompleted at the time of
completion of the relevant sentence,
whether that other sentence was, or
those sentences were, imposed before,
at the same time or after the relevant
25 sentence.
(2) A person is an eligible offender if at the time at
which an application is made under Division 1 of
Part 2 for a supervision order, or under Division 1
of Part 3 for a detention order--
30 (a) the person is remanded in custody, or is
serving a custodial sentence, in a prison in
respect of an offence; and
(b) the person--
(i) is subject to a supervision order or a
35 detention order or an interim order; or
561196B.I-11/11/2009 8 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 1--Preliminary
s. 5
(ii) was subject to a supervision order or a
detention order or an interim order at
the time that the person was remanded
or commenced serving a sentence of
5 imprisonment for the offence; or
(iii) was an eligible offender who was the
subject of an application for a
supervision order or a detention order at
the time the person was remanded or
10 commenced serving a sentence of
imprisonment for the offence.
(3) A person is an eligible offender in relation to an
application for a detention order if the person is
subject to a supervision order or an interim order.
15 (4) A person is an eligible offender in relation to an
application for a supervision order if the person is
subject to a detention order or an interim order.
(5) Despite any other provision of this section a
person is not an eligible offender if--
20 (a) the conviction or finding of guilt in respect
of the only relevant offence that makes him
or her an eligible offender is set aside by a
court; or
(b) his or her sentence in respect of that offence
25 is altered so that he or she would not have
been an eligible offender had the amended
sentence been the original sentence.
5 Offender still serving a sentence when on parole
(1) For the purposes of this Act, an offender is
30 serving a custodial sentence even if he or she is
released on parole in respect of that sentence from
the prison, police gaol or approved mental health
service in which he or she has been serving that
sentence.
561196B.I-11/11/2009 9 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 1--Preliminary
s. 6
(2) For the purposes of this Act, a person is on parole
if there is in force a parole order relating to the
person and the person is serving the sentence of
imprisonment to which the parole order relates but
5 is not detained in a prison, police gaol or approved
mental health service.
6 Functions and powers of Adult Parole Board
The functions and powers of the Adult Parole
Board under this Act are to be carried out or
10 exercised by the DSO division.
__________________
561196B.I-11/11/2009 10 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 7
PART 2--SUPERVISION ORDERS
Division 1--Application for supervision order
7 Secretary may apply for a supervision order
(1) This section applies if the Secretary has
5 determined under Part 8 that an application should
be made for a supervision order in respect of an
eligible offender.
(2) The Secretary may apply to a court for a
supervision order in respect of a person who is an
10 eligible offender.
(3) The court to which an application may be made
is--
(a) the court that sentenced the offender for the
relevant offence, if that court was the
15 Supreme Court or the County Court; or
(b) the County Court, if the Magistrates' Court
sentenced the offender for the relevant
offence.
(4) A court must discontinue an application if since it
20 was made the offender has ceased to be an eligible
offender because--
(a) the relevant conviction has been set aside on
appeal; or
(b) his or her sentence in respect of that offence
25 is altered so that he or she would not have
been an eligible offender had the amended
sentence been the original sentence.
(5) A court may continue to deal with and determine
an application even if since it was made the
30 offender has ceased to be an eligible offender
because the custodial sentence has been served or
has expired.
561196B.I-11/11/2009 11 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 8
(6) For the purposes of this section, a custodial
sentence imposed on an offender on appeal in
substitution for a sentence imposed by the court
against the sentence of which the appeal was
5 brought (the lower court) must be taken to have
been imposed by the lower court.
8 Form of application
An application under section 7--
(a) must state that a supervision order is sought;
10 and
(b) must be accompanied by at least one
assessment report in respect of the eligible
offender.
Note
15 See Part 6 for the procedure in respect of the application.
Division 2--Supervision order
9 When may a court make a supervision order?
(1) The court may make a supervision order in respect
of an eligible offender only if the court is satisfied
20 that the offender poses an unacceptable risk of
committing a relevant offence if a supervision
order is not made and the offender is in the
community.
(2) On hearing the application, the court may decide
25 that it is satisfied as required by subsection (1)
only if it is satisfied--
(a) by acceptable, cogent evidence; and
(b) to a high degree of probability--
that the evidence is of sufficient weight to justify
30 the decision.
561196B.I-11/11/2009 12 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 9
(3) Subject to this Division, in determining whether
or not the eligible offender poses an unacceptable
risk as set out in subsection (1), the court must
take into account--
5 (a) subject to section 113, any assessment report
or progress report filed in court, whether by
or on behalf of the Secretary or the offender;
and
(b) any other report made, or evidence given, in
10 relation to the application; and
(c) anything else the court considers appropriate.
(4) In determining whether or not the offender poses
an unacceptable risk as set out in subsection (1),
the court must not consider the means of
15 managing the risk or the likely impact of a
supervision order on the offender.
(5) For the avoidance of doubt the court may
determine under subsection (1) that an offender
poses an unacceptable risk of committing a
20 relevant offence even if the likelihood that the
offender will commit a relevant offence is less
than a likelihood of more likely than not.
(6) The Secretary has the burden of proving that the
offender poses an unacceptable risk of committing
25 a relevant offence.
(7) If the court is satisfied as required by subsection
(1), the court may--
(a) make a supervision order; or
(b) make no order.
561196B.I-11/11/2009 13 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 10
10 Supervision order
(1) A supervision order must state that the court is
satisfied that the offender poses an unacceptable
risk of committing a relevant offence if a
5 supervision order is not made and the offender is
in the community.
(2) A supervision order must specify--
(a) the name of the offender in respect of whom
the order is made; and
10 (b) the date on which the order is made; and
(c) the date on which the order commences as
provided by section 11; and
(d) the period of the order as provided by
section 12; and
15 (e) the conditions of the order as provided under
Division 3; and
(f) the latest date by which the application for
the first review of the order must be made
under Part 5 and the maximum intervals
20 between subsequent reviews.
(3) A supervision order must be signed by the judge
comprising the court that made it and include his
or her name.
11 Commencement of supervision order
25 (1) If at the time of the making of a supervision order
the offender is serving a custodial sentence, the
order commences on the day on which he or she
completes the custodial sentence or any
consecutive custodial sentence.
30 (2) If at the time of the making of a supervision order
the offender is not serving a custodial sentence,
the order commences on the commencement date
specified in the order.
561196B.I-11/11/2009 14 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 12
12 Period of supervision order
(1) Unless sooner revoked, the period of a supervision
order is the period (not exceeding 15 years)
determined by the court and specified in the order.
5 (2) If an offender who is subject to a supervision
order commences to serve a custodial sentence or
is taken into custody on remand after the
commencement of the order, the time spent in
serving that sentence or in custody on remand is to
10 be taken into account in calculating the remaining
period of the order.
(3) However the offender is not subject to the
conditions of the order while the offender is
serving that sentence or is in custody on remand.
15 (4) The offender becomes subject to the conditions of
the supervision order again on the offender's
release on parole or at the end of the custodial
sentence, whichever is earlier.
(5) If an offender is subject to a supervision order and
20 is sentenced to a community-based disposition,
the community-based disposition is to be served
concurrently with the operation of the supervision
order.
13 Effect of new supervision order on existing
25 supervision order
(1) If a supervision order (the new order) is made in
respect of an offender who is already subject to a
supervision order (the old order), the old order is
revoked on the commencement of the new order.
30 (2) The period of the new order is, unless the new
order is sooner revoked, the period determined by
the court under section 12, irrespective of how
much of the old order remained unexpired at the
time it was revoked.
561196B.I-11/11/2009 15 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 14
14 Copy of order to go to Adult Parole Board
If the court makes a supervision order, the
Secretary must cause a copy of the order to be
given as soon as practicable to the Adult Parole
5 Board.
Division 3--Conditions of supervision order
15 Conditions of supervision order
(1) A supervision order is subject to conditions
imposed by the court.
10 (2) The conditions are--
(a) core conditions imposed under section 16;
and
(b) any other conditions imposed under this
Division.
15 (3) The primary purpose of the conditions is to reduce
the risk of re-offending by the offender.
(4) The secondary purpose of the conditions is to
provide for the reasonable concerns of the victim
or victims of the offender in relation to their own
20 safety and welfare.
(5) In order to reduce the risk of re-offending by the
offender, the conditions may promote the
rehabilitation and treatment of the offender.
(6) The court must ensure that any conditions of a
25 supervision order (other than the core
conditions)--
(a) constitute the minimum interference with the
offender's liberty, privacy or freedom of
movement that is necessary in the
30 circumstances to ensure the purposes of the
conditions; and
561196B.I-11/11/2009 16 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 16
(b) are reasonably related to the gravity of the
risk of the offender re-offending.
16 Core conditions of supervision order
(1) A supervision order must be made subject to all
5 the conditions set out in subsection (2).
(2) The core conditions of a supervision order are that
during the period of the order the offender must--
(a) not commit a relevant offence in Victoria or
elsewhere;
10 (b) attend at any place as directed by the Adult
Parole Board for the purpose of
administering the conditions of the order;
(c) attend at any place directed by the Adult
Parole Board for the purpose of making
15 assessments required by the court, the
Secretary or the Director of Public
Prosecutions for the purposes of this Act
(including a personal examination by a
medical expert for the purpose of providing
20 the court with a report to assist it to
determine the need for, or form of, any of the
conditions of the order);
(d) report to, and receive visits from, the
Secretary or any person nominated by the
25 Secretary for the purposes of this paragraph;
(e) notify the Adult Parole Board of any change
of employment or new employment (whether
paid or unpaid) at least 2 clear days before
the date of commencing the new or changed
30 employment;
(f) not leave Victoria except with the permission
of the Adult Parole Board granted either
generally or in relation to the particular case;
561196B.I-11/11/2009 17 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 17
(g) if the court requires an offender to reside at a
residential facility, obey all reasonable
instructions given by a supervision officer
that are necessary to ensure the good order of
5 the residential facility or the safety and
welfare of offenders or staff or visitors to the
facility;
(h) comply with any directions given by the
Adult Parole Board under the emergency
10 power in section 120.
17 Suggested conditions
(1) In addition to the core conditions, the court must
consider imposing conditions relating to--
(a) where the offender may reside (including
15 whether he or she may reside at a residential
facility);
(b) times at which the offender must be at his or
her place of residence;
Example
20 A condition that the offender must be at home
between the hours of 7 a.m. and 10 a.m. Monday to
Friday.
(c) the conditions under which the offender may
leave his or her place of residence;
25 (d) places or areas that the offender must not
visit or may only visit at specified times;
(e) treatment or rehabilitation programs or
activities that the offender must attend and
participate in;
30 (f) requiring that the offender must not consume
alcohol;
(g) requiring that the offender must not use
prohibited drugs, obtain drugs unlawfully or
abuse drugs of any kind;
561196B.I-11/11/2009 18 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 17
(h) requiring that the offender must submit, as
required by the order, to breath testing,
urinalysis or other test procedures (other than
blood tests) approved by the Secretary for
5 detecting alcohol or drug use;
(i) the types of employment in which the
offender must not engage;
(j) types of behaviour that the offender must not
engage in, where that behaviour--
10 (i) was preparatory to the offender's prior
relevant offences; or
(ii) may increase the risk of the offender
committing a relevant offence;
(k) community activities in which the offender
15 must not engage;
(l) persons or classes of person with whom the
offender must not have contact;
Examples
1 Persons under 18 years of age.
20 2 Victims of the offender and their families.
(m) forms of monitoring (including electronic
monitoring) of compliance with the
supervision order to which the offender must
submit;
25 (n) personal examinations by a medical expert
which the offender must attend for the
purpose of providing a report to the Adult
Parole Board to assist it in determining the
need for, or form of, any direction it is
30 permitted to give to the offender under the
order.
(2) Subject to sections 15(3) and (4), the court may
impose any condition it considers appropriate
under this section.
561196B.I-11/11/2009 19 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 18
18 Conditions relating to where an offender is to reside
(1) In considering imposing a condition under section
17(1)(a) as to where an offender is to reside, the
court must consider whether or not the offender
5 should reside in a residential facility.
(2) The court may impose a condition under
section 17 that an offender is to reside in a
residential facility if no other suitable
accommodation is available.
10 19 Other discretionary conditions
The court may also impose any other conditions
that it considers appropriate--
(a) to reduce the risk of re-offending by the
offender, including by promoting the
15 rehabilitation, and treatment, of the offender;
or
(b) to provide for the reasonable concerns of the
victim or victims of the offender in relation
to their own safety and welfare.
20 Examples
1 A condition requiring the offender to comply with the
directions of the Adult Parole Board in relation to appropriate
Internet access.
2 A condition prohibiting Internet access.
25 3 A condition requiring the offender to comply with the
directions of the Adult Parole Board in relation to drug or
alcohol use.
20 Condition authorising Adult Parole Board to give
directions
30 (1) The power of the court to impose conditions under
this Division includes--
(a) a power to impose a condition authorising
the Adult Parole Board to give directions to
an offender in relation to the operation of
35 any condition; and
561196B.I-11/11/2009 20 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 21
(b) a power to impose a condition authorising
the Adult Parole Board to give a direction
that an offender is to reside at a residential
facility or prohibiting the Board from giving
5 such a direction.
Examples
1 A condition that the offender comply with all
reasonable directions of the Adult Parole Board in
relation to the times at which the offender must be at
10 his or her nominated place of residence in order to
reduce any risk of contact with children.
2 A direction that the offender remain at his or her
nominated place of residence between the hours of
7 a.m. and 10 a.m., Monday to Friday, unless otherwise
15 directed by the Adult Parole Board.
(2) The Adult Parole Board should aim to ensure that
any directions it gives--
(a) constitute the minimum interference with the
offender's liberty, privacy or freedom of
20 movement that is necessary in the
circumstances to ensure the purposes of the
conditions; and
(b) are reasonably related to the gravity of the
risk of the offender re-offending.
25 (3) It is a condition of a supervision order that the
offender comply with any direction given under
an authorisation referred to in subsection (1).
21 Submissions relating to conditions
The Secretary and the offender may make
30 submissions to the court in relation to the
conditions of a supervision order.
Note
A victim of the offender may also make a submission, see
Division 4 of Part 6.
561196B.I-11/11/2009 21 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 22
22 Certificate of available resources
(1) The Secretary may provide the court with a
certificate of available resources.
(2) The court must consider any certificate of
5 available resources provided by the Secretary.
(3) The court may require the Secretary to give
evidence or to provide the court with a further
certificate to clarify or expand on the matters dealt
with in the certificate of available resources.
10 (4) The court must not impose a condition on a
supervision order that is inconsistent with the
certificate of available resources.
23 Court to consider victim submissions
Before imposing any condition (other than a core
15 condition) on a supervision order, the court--
(a) must consider any victim submission it
receives in relation to the matter under
Division 4 of Part 6; and
(b) may, in its absolute discretion, give the
20 submission the weight that the court sees fit
in determining whether to impose the
condition on the supervision order.
24 Temporary conditions
(1) The court may, in a particular case, impose a
25 temporary condition (other than a core condition)
on a supervision order to apply for a specified
period not exceeding 6 months.
(2) The court may require the parties to the
application for the supervision order to attend the
30 court before the end of that specified period for a
hearing for the purpose of imposing final
conditions on the supervision order.
561196B.I-11/11/2009 22 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 25
(3) At the hearing--
(a) the Secretary may provide a new certificate
of available resources; and
(b) the parties may make further submissions in
5 relation to the proposed final conditions.
(4) Division 2 of Part 6 applies to a hearing under
subsection (2).
Division 4--Expiry of supervision order
25 Expiry of supervision order
10 A supervision order expires on the first of the
following to occur--
(a) at the end of its period of operation; or
(b) on its revocation by a court on a review
under Part 5 or on appeal under Part 7; or
15 (c) on it being replaced by another supervision
order or a detention order.
26 Notices in relation to indefinite sentence
(1) The Director of Public Prosecutions must ensure
that the Secretary is notified as soon as practicable
20 if an indefinite sentence is imposed on an offender
who is subject to a supervision order.
(2) As soon as practicable after being notified under
subsection (1), the Secretary must cause notice of
the indefinite sentence and of its effect on the
25 supervision order to be given to the Adult Parole
Board.
27 Effect of expiry of supervision order
On the expiry of a supervision order, the offender
ceases to be subject to the conditions of the order
30 and to any directions given by the Adult Parole
Board under the order.
561196B.I-11/11/2009 23 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 28
Division 5--Renewal of supervision order
28 Renewal of supervision order
(1) The Secretary may, at any time while a
supervision order is in force, apply to the court
5 that made the order for it to be renewed.
(2) An application may continue to be dealt with and
determined by the court even if since it was made
the supervision order sought to be renewed has
expired.
10 (3) Subject to this Division, this Act (with any
necessary modifications) applies to an application
under subsection (1) in the same way as it applies
to an application under section 7.
(4) An application for renewal of a supervision order
15 may be accompanied by a progress report in
respect of the offender instead of an assessment
report.
(5) More than one application may be made under
subsection (1) for the renewal of a supervision
20 order in respect of an offender.
(6) The expiry of the supervision order sought to be
renewed before it is renewed does not prevent the
order being made renewing the supervision order
or it having effect as a renewed supervision order.
25 (7) An application can be made for renewal of a
supervision order even if the offender is serving a
custodial sentence or is remanded in custody.
29 Renewed supervision order
(1) A renewed supervision order must state that the
30 court making it is satisfied that the offender poses
an unacceptable risk of committing a relevant
offence if a supervision order is not made and the
offender is in the community.
561196B.I-11/11/2009 24 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 30
(2) A renewed supervision order must specify--
(a) the name of the offender in respect of whom
the order is made; and
(b) the date on which the order is made; and
5 (c) the date on which the order commences as
provided by section 30; and
(d) the period of the order as provided by
section 12; and
(e) the conditions of the order as provided by
10 Division 3; and
(f) the latest date by which the application for
the first review of the order must be made
under Part 5 and the maximum intervals
between subsequent reviews.
15 (3) A renewed supervision order must be signed by
the judge comprising the court that made it and
include his or her name.
30 Commencement of renewed supervision order
A renewed supervision order commences on the
20 date specified in the order whether or not the
previous order has expired.
31 Effect of renewed order
(1) This Act applies to a renewed supervision order in
the same way that it applies to any other
25 supervision order.
(2) On the making of a renewed supervision order any
requirement to seek a review of the previous
supervision order ceases.
561196B.I-11/11/2009 25 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 2--Supervision Orders
s. 32
32 Copy of renewed order to go to Adult Parole Board
If the court makes an order renewing a
supervision order, the Secretary must cause a copy
of the renewing order to be given as soon as
5 practicable to the Adult Parole Board.
__________________
561196B.I-11/11/2009 26 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 3--Detention Orders
s. 33
PART 3--DETENTION ORDERS
Division 1--Application for detention order
33 Director of Public Prosecutions may apply for a
detention order
5 (1) This section applies if the Director of Public
Prosecutions has determined under Part 8 to apply
for a detention order in respect of an eligible
offender.
(2) The Director of Public Prosecutions may apply to
10 the Supreme Court to make a detention order in
respect of a person who is an eligible offender.
(3) The Supreme Court must discontinue an
application if since it was made the offender has
ceased to be an eligible offender because--
15 (a) the relevant conviction has been set aside on
appeal; or
(b) his or her sentence in respect of that offence
is altered so that he or she would not have
been an eligible offender had the amended
20 sentence been the original sentence.
(4) The Supreme Court may determine an application
even if, since the application was made, the
offender has ceased to be an eligible offender
because--
25 (a) the custodial sentence has been served or has
expired; or
(b) the eligible offender is no longer subject to a
supervision order.
561196B.I-11/11/2009 27 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 3--Detention Orders
s. 34
34 Form of application
An application under section 33 must--
(a) state that a detention order is sought; and
(b) be accompanied by--
5 (i) at least one assessment report in respect
of the eligible offender; or
(ii) if the eligible offender is subject to a
supervision order, a progress report and
the last assessment report in respect of
10 the offender.
Note
See Part 6 for the procedure in respect of the application.
Division 2--Detention order
35 Court must first be satisfied that there is an
15 unacceptable risk
(1) On an application under section 33, the Supreme
Court may make an order in respect of an eligible
offender only if the Court is satisfied that the
offender poses an unacceptable risk of committing
20 a relevant offence if a detention order or
supervision order is not made and the offender is
in the community.
(2) In determining whether the offender is likely to
commit a relevant offence in the circumstances
25 described in subsection (1), the Supreme Court
must, subject to this Division, have regard to--
(a) any assessment report or progress report
filed in the Court, whether by or on behalf of
the Director of Public Prosecutions or the
30 offender; and
(b) any other report made, or evidence given, in
relation to the application; and
561196B.I-11/11/2009 28 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 3--Detention Orders
s. 36
(c) anything else the Court considers
appropriate.
(3) In determining whether or not the offender poses
an unacceptable risk as set out in subsection (1),
5 the Supreme Court must not consider the means of
managing the risk or the likely impact of a
detention order or supervision order on the
offender.
(4) For the avoidance of doubt the Supreme Court
10 may determine under subsection (1) that an
offender poses an unacceptable risk of committing
a relevant offence even if the likelihood that the
offender will commit a relevant offence is less
than a likelihood of more likely than not.
15 (5) The Director of Public Prosecutions has the
burden of proving that the offender poses an
unacceptable risk as set out in subsection (1).
36 Decision to make order
(1) If the Supreme Court is satisfied that the
20 unacceptable risk set out in section 35(1) exists,
the Court before making a detention order must be
satisfied that the risk of the offender committing a
relevant offence would be unacceptable unless a
detention order were made.
25 (2) For the avoidance of doubt the Supreme Court
may determine under subsection (1) that an
offender poses an unacceptable risk of committing
a relevant offence even if the likelihood that the
offender will commit a relevant offence is less
30 than a likelihood of more likely than not.
(3) If the Supreme Court is satisfied that the risk
would be unacceptable unless a detention order
were made, it may make a detention order in
respect of the offender.
561196B.I-11/11/2009 29 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 3--Detention Orders
s. 37
(4) If it is not satisfied that the risk would be
unacceptable unless a detention order were made,
the Supreme Court may make a supervision order
in respect of the offender.
5 (5) The Supreme Court may make no order in
circumstances where it is empowered to make a
detention order or supervision order under this
section.
(6) Divisions 2 to 4 of Part 2 (with any necessary
10 modifications) apply to the making of a
supervision order under this section as if it were a
supervision order made under that Part.
37 Evidence to be of sufficient weight to justify decision
The Supreme Court may decide that it is satisfied
15 as required by section 35(1) or 36(1) only if it is
satisfied--
(a) by acceptable, cogent evidence; and
(b) to a high degree of probability--
that the evidence is of sufficient weight to justify
20 the decision.
38 Detention order
(1) A detention order must state that the Supreme
Court is satisfied that the offender poses an
unacceptable risk of committing a relevant
25 offence if the detention order is not made and the
offender is in the community.
(2) A detention order must also specify--
(a) the name of the offender in respect of whom
the order is made; and
30 (b) the date on which the order is made; and
(c) the date on which the order commences as
provided by section 39; and
561196B.I-11/11/2009 30 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 3--Detention Orders
s. 39
(d) the period of the order as provided by
section 40; and
(e) the latest date by which an application for
the first review of the order must be made
5 under Part 5 and the maximum intervals
between subsequent reviews.
(3) A detention order must be signed by the judge
who made it and include his or her name.
39 Commencement of detention order
10 (1) If at the time of the making of a detention order
the offender is serving a custodial sentence, the
order commences on the day on which he or she
completes the service of the custodial sentence or
any consecutive custodial sentence.
15 (2) If at the time of the making of a detention order
the offender is not serving a custodial sentence,
the order commences on the commencement date
specified in the order.
40 Period of detention order
20 (1) Unless sooner revoked, the period of a detention
order is the period (not exceeding 3 years)
determined by the Supreme Court and specified in
the order.
(2) If an offender who is subject to a detention order
25 commences serving a custodial sentence or is
taken into custody on remand after the
commencement of the order, the time spent in
serving that sentence or in custody on remand is to
be taken into account in calculating the remaining
30 period of the order.
(3) However section 115 does not apply to the
offender while the offender is serving that
sentence.
561196B.I-11/11/2009 31 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 3--Detention Orders
s. 41
(4) Subsection (3) ceases to apply on the offender's
release on parole.
(5) If an offender is subject to a detention order and is
sentenced to a community-based disposition, the
5 community-based disposition commences on the
expiry of the detention order.
41 Effect of new detention order on existing detention
order
(1) If a detention order (the new order) is made in
10 respect of an offender who is already subject to a
detention order (the old order), the new order
replaces the old order and the old order is revoked
on the commencement of the new order.
(2) The period of the new order is, unless the new
15 order is sooner revoked, the period determined by
the Supreme Court under section 40, irrespective
of the period of the old order that remained
unexpired at the time it was revoked.
42 Effect of detention order
20 The effect of a detention order is to commit the
offender to detention in a prison for the period of
the order.
Note
See Part 9 in relation to the management of an offender on a
25 detention order.
43 Copy of detention order to go to Adult Parole Board
If the Supreme Court makes a detention order, the
Director of Public Prosecutions must cause a copy
of the order to be given as soon as practicable to
30 the Secretary and the Adult Parole Board.
561196B.I-11/11/2009 32 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 3--Detention Orders
s. 44
Division 3--Expiry of detention order
44 Expiry of detention order
A detention order expires on the first of the
following to occur--
5 (a) at the end of its period of operation; or
(b) on its revocation by a court on a review
under Part 5 or on appeal under Part 7; or
(c) on it being replaced by another detention
order or a supervision order.
10 Division 4--Renewal of detention order
45 Renewal of detention order
(1) The Director of Public Prosecutions may, at any
time while a detention order is in force, apply to
the Supreme Court for the order to be renewed.
15 (2) An application may continue to be dealt with and
determined by the Supreme Court even if since it
was made the detention order sought to be
renewed has expired.
(3) Subject to this Division, this Act (with any
20 necessary modifications) applies to an application
under subsection (1) in the same way as it applies
to an application under section 33.
(4) An application for renewal of a detention order
may be accompanied by a progress report in
25 respect of the offender instead of an assessment
report.
(5) More than one application may be made under
subsection (1) for the renewal of a detention order
in respect of an offender.
561196B.I-11/11/2009 33 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 3--Detention Orders
s. 46
(6) The expiry of the detention order sought to be
renewed before it is renewed does not prevent the
order being made renewing the detention order or
it having effect as a renewed detention order.
5 (7) An application can be made for renewal of a
detention order even if the offender is serving a
custodial sentence or is remanded in custody.
46 Renewed detention order
(1) A renewed detention order must state that the
10 Supreme Court is satisfied that the offender poses
an unacceptable risk of committing a relevant
offence if the detention order is not made and the
offender is in the community.
(2) A renewed detention order must specify--
15 (a) the name of the offender in respect of whom
the order is made; and
(b) the date on which the order is made; and
(c) the date on which the order commences as
provided by section 47; and
20 (d) the period of the order as provided by
section 40; and
(e) the latest date by which an application for
the first review of the order must be made
under Part 5 and the maximum intervals
25 between subsequent reviews.
(3) A renewed detention order must be signed by the
judge who made it and include his or her name.
47 Commencement of renewed order
A renewed detention order commences on the date
30 specified in the order whether or not the previous
order has expired.
561196B.I-11/11/2009 34 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 3--Detention Orders
s. 48
48 Effect of renewed order
(1) This Act applies to a renewed detention order in
the same way as it applies to any other detention
order.
5 (2) On the making of a renewed detention order, any
requirement to seek a review of the previous order
ceases.
49 Copy of renewed order to go to Adult Parole Board
If the court makes an order renewing a detention
10 order, the Director of Public Prosecutions must
cause a copy of the renewing order to be given as
soon as practicable to the Secretary and the Adult
Parole Board.
__________________
561196B.I-11/11/2009 35 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 4--Interim Orders
s. 50
PART 4--INTERIM ORDERS
Division 1--Application for interim order
50 Secretary may apply for interim supervision order
(1) The Secretary may apply to a court for an interim
5 supervision order in respect of an offender who is
the subject of--
(a) an application under section 7 for a
supervision order; or
(b) an application under section 28 for renewal
10 of a supervision order.
Note
See Part 6 for the procedure in respect of the application.
(2) An application under this section may be made at
the time of making the application referred to in
15 subsection (1)(a) or (1)(b) or at any subsequent
time before that application is determined,
whether or not--
(a) in the case of an application referred to in
subsection (1)(a), the offender has ceased to
20 be an eligible offender because he or she is
no longer serving a custodial sentence as
required by section 4; or
(b) in the case of an application referred to in
subsection (1)(b), the supervision order has
25 expired.
(3) An application under this section must be made to
the same court as that to which the application
referred to in subsection (1)(a) or (1)(b) was
made.
30 (4) More than one application may be made under
this section for an interim supervision order in
respect of an offender.
561196B.I-11/11/2009 36 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 4--Interim Orders
s. 51
51 Director of Public Prosecutions may apply for
interim detention order
(1) The Director of Public Prosecutions may apply to
the Supreme Court for an interim detention order
5 in respect of an offender who is the subject of--
(a) an application under section 33 for a
detention order; or
(b) an application under section 45 for renewal
of a detention order.
10 Note
See Part 6 for the procedure in respect of the application.
(2) An application under this section may be made at
the time of making the application referred to in
subsection (1)(a) or (1)(b) or at any subsequent
15 time before that application is determined,
whether or not--
(a) in the case of an application referred to in
subsection (1)(a), the offender has ceased to
be an eligible offender because he or she is
20 no longer serving a custodial sentence as
required by section 4; or
(b) in the case of an application referred to in
subsection (1)(b), the detention order has
expired.
25 (3) More than one application may be made under
this section for an interim detention order in
respect of an offender.
52 When court may determine application if offender is
no longer serving custodial sentence
30 (1) A court must not continue to deal with an
application under section 50 or 51 if since it was
made the offender has ceased to be an eligible
offender because--
561196B.I-11/11/2009 37 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 4--Interim Orders
s. 53
(a) the relevant conviction has been set aside on
appeal; or
(b) his or her sentence in respect of that offence
is altered so that he or she would not have
5 been an eligible offender had the amended
sentence been the original sentence.
(2) A court may continue to deal with and determine
an application under section 50 even if since it
was made the offender has ceased to be an eligible
10 offender because the custodial sentence has been
served or has expired.
(3) The Supreme Court may continue to deal with and
determine an application under section 51 even if,
since the application was made, the offender has
15 ceased to be an eligible offender because--
(a) the custodial sentence has been served or has
expired; or
(b) the eligible offender is no longer subject to a
supervision order or detention order.
20 Division 2--Interim order
53 When may a court make an interim supervision
order?
A court may only make an interim supervision
order in respect of an offender if--
25 (a) the court is satisfied that--
(i) the Secretary has applied for a
supervision order or renewal of a
supervision order in respect of the
offender; and
30 (ii) in the case of an application for a
supervision order, the offender is no
longer serving a custodial sentence as
required by section 4 or will no longer
561196B.I-11/11/2009 38 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 4--Interim Orders
s. 54
be serving that sentence when that
application is determined; and
(iii) in the case of an application for renewal
of a supervision order, the supervision
5 order has expired or will have expired
before that application can be
determined; and
(b) it appears to the court that the documentation
supporting the application for the supervision
10 order would, if proved, justify the making of
a supervision order; and
(c) the court is satisfied that it is in the public
interest to make an interim supervision order,
having regard to--
15 (i) the reasons why the application referred
to in paragraph (a) was not, or will not
be, determined before the expiry of the
sentence referred to in section 4 or the
expiry of the supervision order (as the
20 case requires); and
(ii) any other matters that the court
considers appropriate.
Note
See also section 54(2) for the power of the court to make an
25 interim supervision order when an interim detention order is not
justified.
54 When may a court make an interim detention
order?
(1) The Supreme Court may only make an interim
30 detention order in respect of an offender if--
(a) the Court is satisfied that--
(i) the Director of Public Prosecutions has
applied for a detention order or renewal
of a detention order in respect of the
35 offender; and
561196B.I-11/11/2009 39 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 4--Interim Orders
s. 54
(ii) in the case of an application for a
detention order, the offender is no
longer serving a custodial sentence as
required by section 4 or will no longer
5 be serving that sentence when that
application is determined; and
(iii) in the case of an application for renewal
of a detention order, the detention order
has expired or will have expired before
10 that application can be determined; and
(b) it appears to the Court that the
documentation supporting the application for
the detention order would, if proved, justify
the making of a detention order; and
15 (c) the Court is satisfied that it is in the public
interest to make an interim detention order,
having regard to--
(i) the reasons why the application referred
to in paragraph (a) was not, or will not
20 be, determined before the expiry of the
sentence referred to in section 4 or the
expiry of the detention order (as the
case requires); and
(ii) any other matters that the Court
25 considers appropriate.
(2) The Supreme Court may make an interim
supervision order if--
(a) the court is satisfied that the Director of
Public Prosecutions has applied for a
30 detention order or renewal of a detention
order in respect of the offender; and
(b) the Court considers that an interim detention
order is not justified; and
561196B.I-11/11/2009 40 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 4--Interim Orders
s. 55
(c) it appears to the Court that the
documentation supporting the application for
the interim detention order would, if proved,
justify the making of an interim supervision
5 order; and
(d) the Court is satisfied that it is in the public
interest to make an interim supervision order,
having regard to--
(i) the reasons why the application referred
10 to in paragraph (a) was not, or will not
be, determined before the expiry of the
sentence referred to in section 4 or the
expiry of the detention order (as the
case requires); and
15 (ii) any other matters that the Court
considers appropriate.
55 Interim order
(1) An interim order must state that the court making
it is satisfied that the making of the order is
20 justified and that it is in the public interest to
make the order.
(2) An interim order must also specify--
(a) the name of the offender in respect of whom
the order is made; and
25 (b) the date on which the order is made; and
(c) the date on which the order commences as
provided by section 56; and
(d) the period of the order as provided by
section 57; and
30 (e) the conditions of the order as provided by
section 58.
(3) An interim order must be signed by the judge
comprising the court that made it and include his
or her name.
561196B.I-11/11/2009 41 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 4--Interim Orders
s. 56
56 Commencement of interim order
(1) In the case of an interim order made in relation to
an application referred to in section 50(1)(a) or
51(1)(a), the order commences--
5 (a) if at the time of the making of the order the
offender is serving a custodial sentence, on
the day on which he or she completes the
service of any custodial sentence or any
consecutive custodial sentence; or
10 (b) if at the time of the making of the order the
offender is not serving a custodial sentence,
on the commencement date specified in it.
(2) In the case of an interim order made in relation to
an application referred to in section 50(1)(b) or
15 51(1)(b), the order commences--
(a) immediately on the expiry of the previous
detention order or supervision order, if that
order is still in force at the time the interim
order is made; or
20 (b) on the commencement date specified in the
interim order if the previous order has
expired by the time the interim order is
made.
57 Period of interim order
25 (1) Subject to subsection (2) and section 61, the
period of an interim order is the period determined
by the court and specified in the order.
(2) The total period for which the offender may be
made subject to an interim order pending the
30 determination of any one application referred to in
section 50(1)(a) or (b) or 51(1)(a) or (b) cannot
exceed 4 months, unless the court making or
extending the order considers that exceptional
circumstances exist.
561196B.I-11/11/2009 42 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 4--Interim Orders
s. 58
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
5 an interim supervision order.
59 Application of Act to interim order
(1) Part 10 applies to an offender who is subject to an
interim supervision order as if it were a
supervision order.
10 (2) Part 9 applies to an offender who is subject to an
interim detention order as if it were a detention
order.
60 Copy of interim order to go to Adult Parole Board
(1) If a court makes an interim supervision order, the
15 Secretary must cause a copy of the order to be
given as soon as practicable to the Adult Parole
Board.
(2) If the Supreme Court makes an interim detention
order, the Director of Public Prosecutions must
20 cause a copy of the order to be given as soon as
practicable to the Secretary and the Adult Parole
Board.
Division 3--Expiry of interim order
61 Expiry of interim order
25 An interim order expires on the first of the
following to occur--
(a) at the end of its period of operation or that
period as extended under Division 4; or
(b) on the determination of the application
30 referred to in section 50(1)(a) or (b) or
51(1)(a) or (b) in relation to which the
interim order was made.
561196B.I-11/11/2009 43 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 4--Interim Orders
s. 62
62 Effect of expiry of interim supervision order
On the expiry of an interim supervision order, the
offender ceases to be subject to the conditions of
the order and to any instructions or directions
5 given by the Adult Parole Board in relation to it
under the order.
Division 4--Extension of interim order
63 Extension of interim order
(1) At any time while an interim supervision order is
10 in force, the Secretary may apply to the court that
made the order to extend the order.
Note
See Part 6 for the procedure in respect of the application.
(2) At any time while an interim detention order is in
15 force, the Director of Public Prosecutions may
apply to the Supreme Court to extend the order.
Note
See Part 6 for the procedure in respect of the application.
(3) Without limiting subsection (1) or (2), an
20 application under either subsection may be made
by oral submission at a directions hearing under
section 83.
(4) Section 53 or 54 (as the case requires and with
any necessary modifications) applies to an
25 application to extend an interim order in the same
way as it applies to an application under
section 50 or 51 for an interim order.
(5) An order extending an interim order cannot be
made if--
30 (a) the interim order has expired; or
561196B.I-11/11/2009 44 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 4--Interim Orders
s. 64
(b) the offender has ceased to be an eligible
offender because--
(i) the relevant conviction has been set
aside on appeal; or
5 (ii) his or her sentence in respect of that
offence is altered so that he or she
would not have been an eligible
offender had the amended sentence
been the original sentence.
10 (6) An order extending an interim order may be made
whether or not--
(a) if the interim supervision order is in relation
to an application referred to in section
50(1)(a) or 51(1)(a), the offender has ceased
15 to be an eligible offender because he or she
is no longer serving a custodial sentence; or
(b) if the interim order is in relation to an
application referred to in section 50(1)(b) or
51(1)(b), the supervision order or detention
20 order has expired.
(7) Subject to sections 57(2) and 61, an interim order
may be extended for the period determined by the
court and specified in the order extending the
interim order.
25 (8) An interim order in respect of an offender may be
extended under this section more than once.
Note
Section 57(2) imposes a maximum period of 4 months for
an interim supervision order, unless exceptional
30 circumstances exist.
64 Order extending interim order
(1) An order extending an interim order must state
that the court making it is satisfied that extending
the interim order is justified and that it is in the
35 public interest to do so.
561196B.I-11/11/2009 45 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 4--Interim Orders
s. 64
(2) An order extending an interim order must also
specify--
(a) the name of the offender in respect of whom
the order is made; and
5 (b) the date on which the order is made; and
(c) the period for which the interim order is
extended.
(3) An order extending an interim order must be
signed by the judge comprising the court that
10 made it and include his or her name.
__________________
561196B.I-11/11/2009 46 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 5--Review of Orders and Conditions
s. 65
PART 5--REVIEW OF ORDERS AND CONDITIONS
Division 1--Review of orders
65 Periodic reviews of supervision orders
(1) The Secretary must apply to the court that made a
5 supervision order for review of that order--
(a) no later than 3 years after it was first made or
any earlier first review date specified in the
order; and
(b) after that, at intervals of no more than
10 3 years or any shorter intervals specified in
the order.
(2) An application is not required to be made under
this section if a detention order has subsequently
been made in respect of the offender.
15 66 Periodic reviews of detention orders
The Director of Public Prosecutions must apply to
the Supreme Court for review of a detention
order--
(a) no later than 1 year after it was first made or
20 any earlier first review date specified in the
order; and
(b) after that, at intervals of no more than 1 year
or any shorter intervals specified in the
order.
25 67 Offender serving custodial sentence at time of
review
Sections 65 and 66 do not apply to require a
review if the time for review of the supervision
order or detention order occurs while the offender
30 is serving a custodial sentence.
561196B.I-11/11/2009 47 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 5--Review of Orders and Conditions
s. 68
68 Leave for review
(1) Any of the following persons may apply to the
court that made a supervision order for leave to
apply for a review of that order--
5 (a) the Secretary, on his or her own initiative or
on the recommendation of the Adult Parole
Board;
(b) the Director of Public Prosecutions;
(c) the offender who is subject to the order.
10 (2) Either of the following persons may apply to the
Supreme Court for leave to apply for a review of a
detention order--
(a) the Director of Public Prosecutions;
(b) the offender who is subject to the order.
15 (3) The court may grant the leave sought if the court
is satisfied that--
(a) there are new facts or circumstances which
would justify a review of the order; or
(b) it would be in the interests of justice, having
20 regard to the purposes of the order and the
manner and effect of its implementation, to
review the order.
69 To which court is an application for review to be
made?
25 An application for review of a supervision order
or detention order must be made to the court that
made the order.
561196B.I-11/11/2009 48 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 5--Review of Orders and Conditions
s. 70
70 Form of application
An application for review of a supervision order
or a detention order must--
(a) set out the nature of the order sought; and
5 (b) be accompanied by a progress report in
respect of the offender.
71 Purpose of review
The purpose of a review is to determine--
(a) whether a supervision order or a detention
10 order should remain in operation or be
revoked; and
(b) if a supervision order is revoked, whether the
order should be replaced with a different
supervision order or a detention order; and
15 (c) if a detention order is revoked, whether it
should be replaced with a supervision order.
Note
Part 6 provides for the procedure on a review.
72 What is the court to consider?
20 (1) In reviewing a detention order or supervision
order, the court must consider--
(a) a progress report relating to the offender;
(b) any other report made, or evidence given, by
a medical expert;
25 (c) any report made by the Secretary, the
Director of Public Prosecutions or the Adult
Parole Board;
(d) any submissions made by the parties to the
review.
561196B.I-11/11/2009 49 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 5--Review of Orders and Conditions
s. 73
(2) In reviewing a detention order or supervision
order, the court may also consider--
(a) any previous assessment report or progress
report or reports filed with the court in
5 relation to the offender; and
(b) anything else that the court considers
appropriate.
73 Decision on supervision order--general
(1) Subject to subsection (3), on a review of a
10 supervision order, the court must revoke the
supervision order unless it is satisfied that the
offender still poses an unacceptable risk of
committing a relevant offence if a supervision
order is not in effect and the offender is in the
15 community.
(2) Sections 9(2), (4), (5) and (6) (with any necessary
modifications) apply to the review of a
supervision order.
(3) If on a review of a supervision order, the court or
20 the Director of Public Prosecutions considers that
a detention order should be made in respect of the
offender, the Director may apply to the Supreme
Court for the detention order.
(4) Division 2 of Part 3 applies in respect of an
25 application for a detention order under
subsection (3).
(5) If the Supreme Court makes a detention order on
an application under subsection (3), it must revoke
the supervision order.
30 (6) If an application is made under subsection (3) and
the Supreme Court does not make the detention
order, it may confirm (subject to subsection (9)),
or revoke, the supervision order.
561196B.I-11/11/2009 50 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 5--Review of Orders and Conditions
s. 74
(7) The supervision order remains in force until the
Supreme Court determines the application under
subsection (3).
(8) Subject to subsection (9), the court must confirm
5 the supervision order unless--
(a) the court has revoked the supervision order;
or
(b) an application for a detention order has been
made under subsection (3).
10 (9) The court may vary, add to or remove any
conditions of a supervision order or direct a
different period for the period between
applications for review.
(10) Division 3 of Part 2 applies to any variation or
15 addition of a condition of a supervision order
under subsection (9).
74 Application for review of detention order
(1) On a review of a detention order, the Supreme
Court must revoke the order unless it is satisfied
20 that the offender still poses an unacceptable risk
of committing a relevant offence if a detention
order is not in effect and the offender is in the
community.
Note
25 See Part 6 for the procedure in respect of the application.
(2) Sections 36(2), (3), (4) and (5) and 37 (with any
necessary modifications) apply to the review of a
detention order.
(3) If the Supreme Court is not satisfied that the risk
30 would be unacceptable unless a detention order
were made, the Court may revoke the detention
order and make a supervision order.
561196B.I-11/11/2009 51 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 5--Review of Orders and Conditions
s. 75
(4) Part 2 (with any necessary modifications) applies
to the making of a supervision order under this
section.
75 Effect of custodial order on time for review
5 (1) This section applies if an offender is in prison, a
police gaol or an approved mental health service
serving a custodial sentence or on remand while
subject to a supervision order or detention order.
(2) If the time for a review of the supervision order or
10 detention order occurs while the offender is in
custody, the application for review of the order
under this Part must be made--
(a) before the end of the non-parole period for
that offender; or
15 (b) if a non-parole period is not fixed, before the
end of the custodial sentence.
(3) If parole is not granted and a supervision order or
detention order applies to an offender at the end of
the custodial sentence, the application for review
20 of the order under this Part must be made before
the end of the sentence.
(4) If the order will expire during the period that an
offender is remanded in custody or serving a
sentence of imprisonment no review is required.
25 Note
An application can be made to renew the order before it
expires.
Division 2--Review of conditions of supervision order
76 Application of Division
30 This Division applies if a court makes a
supervision order or an interim supervision order
in relation to an offender.
561196B.I-11/11/2009 52 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 5--Review of Orders and Conditions
s. 77
77 Application for review of condition of supervision
order
(1) The Secretary or the offender may at any time,
with the leave of the court that made the order,
5 apply to the court to review any condition of the
supervision order or interim supervision order
other than a core condition.
(2) An application may be accompanied by a
certificate of available resources or a progress
10 report or both.
(3) The court may grant leave under this section if the
court is satisfied that--
(a) new facts and circumstances have arisen
since the conditions were made that would
15 justify the review; or
(b) it would generally be in the interests of
justice, having regard to the purposes of the
conditions and the manner or effect of their
implementation, to review the conditions.
20 (4) Before determining whether to grant leave, the
court may request a supplementary certificate of
available resources from the Secretary.
(5) The court must have regard to any certificate of
available resources in considering the matters
25 under subsection (3).
78 Power of court on review
(1) If the court grants leave for an application under
this Division, the court must grant the offender,
the Adult Parole Board and the Secretary the
30 opportunity to be heard in respect of the
application.
(2) The court must consider any submissions made
under subsection (1) and any certificate of
available resources.
561196B.I-11/11/2009 53 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 5--Review of Orders and Conditions
s. 78
(3) The court may--
(a) vary, add or remove any conditions of the
supervision order; or
(b) confirm the conditions of the supervision
5 order; or
(c) review the supervision order in accordance
with this Part.
(4) Division 3 of Part 2 (with any necessary
modifications) applies to the addition or variation
10 of a condition under this section.
__________________
561196B.I-11/11/2009 54 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 6--Proceedings Relating to Orders
s. 79
PART 6--PROCEEDINGS RELATING TO ORDERS
Division 1--Applications for orders
79 Nature of proceeding
(1) Any proceeding on an application under Part 2, 3,
5 4 or 5 and any appeal relating to an application
under Part 7 are civil in nature.
(2) Despite subsection (1), the rules regulating the
practice and procedure of a court in civil
proceedings do not apply to a proceeding on an
10 application under Part 2, 3, 4 or 5 or an appeal
under Part 7.
80 Service of application and other documents
(1) As soon as practicable after an application is made
under Part 2, 3, 4 or 5 the applicant must cause the
15 following to be served on any other party to the
application--
(a) a copy of the application;
(b) a copy of any assessment report or progress
report that accompanied the application.
20 (2) As soon as practicable after an application is made
under Part 2, 3, 4 or 5, the Secretary or the
Director of Public Prosecutions (as the case
requires) must cause to be served on the offender
a notice in the prescribed form setting out--
25 (a) the offender's rights in relation to the
application; and
(b) the procedure for hearing and determining
the application; and
(c) the nature of the order for which the
30 application is made.
561196B.I-11/11/2009 55 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 6--Proceedings Relating to Orders
s. 81
(3) The documents to be served in relation to an
application under section 63(1) may be served by
post.
81 Exclusion of evidence from disclosure
5 The court may by order exclude evidence from
disclosure under this Part if the court is satisfied
that--
(a) it is in the public interest not to disclose it to
the offender; and
10 (b) the material cannot be suitably redacted or
communicated to the offender in a way that
would not prejudice the public interest; and
(c) the making of the order in the circumstances
would not lead to significant unfairness to
15 the offender.
Division 2--Procedure for hearings
82 Hearing of application
(1) The court to which an application is made under
Part 2, 3 or 5 may only begin to hear the
20 application--
(a) after at least 25 working days have passed
since it was made or, if satisfied that it is in
the interests of justice to do so, any shorter
period; and
25 (b) if the court is satisfied that the offender has
had a reasonable opportunity to obtain an
independent report of any kind.
(2) A court may adjourn the hearing of an application
under Part 2, 3 or 5 to give the offender the
30 opportunity to obtain legal representation or an
independent report of any kind or both.
561196B.I-11/11/2009 56 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 6--Proceedings Relating to Orders
s. 83
(3) An offender who obtains an independent report on
which the offender intends to rely must cause--
(a) a copy to be filed in court; and
(b) a copy to be served on the Secretary or the
5 Director of Public Prosecutions (as the case
requires)--
as soon as practicable after obtaining it.
(4) An offender may obtain more than one
independent report.
10 (5) A court may resume a hearing that was adjourned
by it in accordance with subsection (2) even
though the offender is not legally represented or
has not obtained an independent report if satisfied
that he or she has had a reasonable opportunity to
15 do so.
(6) The court may direct--
(a) the Secretary or the Director of Public
Prosecutions (as the case requires) to obtain,
within the period specified by the court,
20 another assessment report or a report of any
other kind; or
(b) the offender to obtain, within the period
specified by the court, another report of any
kind--
25 to assist it in determining the application.
(7) A copy of a report obtained under subsection (6)
must be filed in the court and, subject to any order
under section 81, served on the other party as soon
as practicable after it is obtained.
30 83 Directions hearings
(1) The court to which an application is made under
Part 2, 3, 4 or 5 may fix a date for a directions
hearing to be conducted in relation to the hearing
of the application.
561196B.I-11/11/2009 57 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 6--Proceedings Relating to Orders
s. 84
(2) At a directions hearing the court may give such
directions as it thinks necessary about the hearing
of the application.
(3) An offender is entitled to be present at any
5 directions hearing.
(4) For the purposes of subsection (3), an offender
may be present before the court by audio visual
link or audio link in accordance with Part IIA of
the Evidence (Miscellaneous Provisions) Act
10 1958.
84 Court may order offender to attend for examination
(1) The court to which an application is made under
Part 2, 3, 4 or 5 may at any time order the
offender to whom the application relates to attend
15 for a personal examination by a medical expert or
any other person for the purpose of enabling that
expert or other person to make a report, or give
evidence, to the court.
(2) Nothing in this section empowers the making of
20 an order that would require an offender to submit
to a physical examination or in any way actively
to cooperate in the carrying out of a personal
examination.
85 Attendance of offender at hearings
25 (1) Subject to this section, the offender must be
present during the hearing of any application
under Part 2, 3, 4 or 5.
(2) If the offender acts in a way that makes the
hearing in the offender's presence impracticable,
30 the court may order that the offender be removed
and the hearing continue in his or her absence.
(3) If the offender is unable to be present at a hearing
because of illness or for any other reason, the
court may proceed with the hearing in his or her
35 absence if it is satisfied that--
561196B.I-11/11/2009 58 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 6--Proceedings Relating to Orders
s. 86
(a) doing so will not prejudice the offender's
interests; and
(b) the interests of justice require that the
hearing should proceed even in the absence
5 of the offender.
(4) For the purposes of subsection (1), an offender
may be present before the court by audio visual
link or audio link in accordance with Part IIA of
the Evidence (Miscellaneous Provisions) Act
10 1958.
86 Adjournment of hearing
(1) The court hearing an application under Part 2, 3, 4
or 5 may, on the application of a party to the
proceeding or without any such application,
15 adjourn the hearing of the proceeding--
(a) to any time and place; and
(b) for any purposes; and
(c) on any terms as to costs or otherwise--
that it considers necessary or just in the
20 circumstances.
(2) On an adjournment, the Bail Act 1977 applies,
with any necessary modifications, to and in
respect of an offender who is being held in
custody under Division 3 as if the offender were
25 accused of an offence and were being held in
custody in relation to that offence.
87 Legal representation
The offender is entitled to a reasonable
opportunity to obtain legal representation for the
30 hearing of any application under Part 2, 3, 4 or 5.
561196B.I-11/11/2009 59 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 6--Proceedings Relating to Orders
s. 88
88 Admissibility of evidence
(1) Subject to subsection (2) and Division 4, the
ordinary rules of evidence apply to evidence given
or called at the hearing under Part 2, 3, 4 or 5.
5 (2) In making its decision the court may receive in
evidence--
(a) the offender's antecedents and criminal
history;
(b) any material relied on in an assessment
10 report or progress report relating to the
offender;
(c) anything relevant to the issue contained in
any medical, psychiatric, psychological or
other report tendered in any proceeding
15 against the offender for a relevant offence.
89 Matters to which court may have regard
Without limiting any other provision of this Act,
the court hearing and determining an application
under Part 2, 3, 4 or 5 may have regard to--
20 (a) whether the offender cooperated, or
cooperated fully, in the preparation of an
assessment report or progress
report, including in any examination for the
purposes of an additional assessment under
25 Part 8; and
(b) if the offender did not cooperate, or did not
cooperate fully, in the preparation of an
assessment report or progress report, his or
her reasons for this; and
30 (c) whether an assessment report or progress
report was made without a personal
examination of the offender.
561196B.I-11/11/2009 60 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 6--Proceedings Relating to Orders
s. 90
90 Reasons for decisions
A court that determines an application under
Part 2, 3, 4 or 5 must--
(a) state the reasons for its decision; and
5 (b) cause those reasons to be entered in the
records of the court; and
(c) cause a copy of any order made by it to be
provided to--
(i) the Secretary; and
10 (ii) the Director of Public Prosecutions if
the Director is an applicant or a
respondent to an application; and
(iii) the offender.
Division 3--Arrest of offender to attend hearing
15 91 Power to issue arrest warrant
(1) If the offender fails to attend at a hearing under
Part 2, 3, 4, 5 or 7, the court may, on application
by the Secretary or the Director of Public
Prosecutions, issue a warrant for the arrest of the
20 offender if satisfied by evidence on oath or by
affidavit--
(a) that notice of the hearing was served on the
offender; or
(b) that there are reasonable grounds to believe
25 that the offender is evading service of notice
of the hearing.
(2) A court may also issue an arrest warrant if
satisfied that an offender who is the subject of an
application made to it under Part 2, 3, 4, 5 or 7 has
30 absconded or is unlikely to attend a hearing held
under that Part.
561196B.I-11/11/2009 61 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 6--Proceedings Relating to Orders
s. 92
92 Execution of arrest warrant
(1) A warrant issued under section 91 may be
executed by any member of the police force and
the person executing it may use any reasonable
5 force that is necessary to enter any premises,
vessel, aircraft or vehicle for the purpose of
executing it.
(2) The warrant may be executed even if the warrant
is not at the time in the possession of the person
10 executing it.
(3) A person executing the warrant may only use the
reasonable force that is necessary for the
execution of the warrant.
93 Arrested offender to be brought before court
15 (1) If the offender is arrested under the warrant, he or
she must be brought, as soon as practicable,
before the court which issued the warrant which
may--
(a) admit him or her to bail, with any security
20 that the court thinks fit, on any conditions
that the court thinks necessary to ensure his
or her attendance at the hearing under Part 2,
3, 4, 5 or 7; or
(b) order his or her continued detention in police
25 custody for the purpose of ensuring his or
her attendance at the hearing under Part 2, 3,
4, 5 or 7 until the conclusion of the hearing;
or
(c) if the court is satisfied that there are
30 reasonable grounds to believe that it is
necessary to prevent the offender from
escaping from police custody, order the
detention of the offender in a prison or a
police gaol for the purpose of ensuring his
35 or her attendance at the hearing under Part 2,
561196B.I-11/11/2009 62 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 6--Proceedings Relating to Orders
s. 94
3, 4, 5 or 7 until the conclusion of the
hearing; or
(d) order the release of the offender.
(2) If an offender is detained under this section, he or
5 she must, within 14 days after he or she was
brought, or last brought, before the court in
accordance with this section, or within such
shorter or longer time as the court has fixed on his
or her last attendance before the court under this
10 section, be again brought before the court which
may then exercise any of the powers of the court
under subsection (1).
(3) If an offender detained in police custody under
this section, other than an offender detained in
15 accordance with an order made under subsection
(1)(c), is required to be detained overnight, the
Chief Commissioner of Police must arrange for
the offender to be provided with accommodation
and meals to a standard comparable to that
20 generally provided to jurors kept together
overnight.
(4) If an offender is detained in a prison in accordance
with an order made under subsection (1)(c), the
court may make an order for the offender to be
25 delivered into the custody of a member of the
police force for the purpose of bringing him or her
before the court on the hearing of any application
under Part 2, 3, 4, 5 or 7.
Division 4--Victim submissions
30 94 Victim submission
(1) A person who is a victim (within the meaning of
section 30A of the Corrections Act 1986) of the
offender may make a submission to the court for
consideration by the court in relation to any
35 application under Part 2, 3, 4 or 5.
561196B.I-11/11/2009 63 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 6--Proceedings Relating to Orders
s. 95
(2) The Secretary or the Director of Public
Prosecutions (as the case requires) must give
notice of an application under Part 2, 3, 4 or 5 to
each person included on the victims register
5 established under the Corrections Act 1986 who
is a victim (within the meaning of section 30A of
that Act) of the eligible offender.
(3) The notice must specify--
(a) the nature of the application; and
10 (b) the period within which the victim
submission can be made in relation to the
application.
(4) A person who is notified under subsection (2) who
wishes to make a victim submission must do so
15 within the period specified in the notice served on
the person under subsection (2).
(5) A victim submission--
(a) must be in writing; and
(b) must address matters relating to the person's
20 views about any conditions to which a
supervision order should be subject; and
(c) must include any other prescribed matters.
95 Victim submission not to be released to offender
without consent
25 (1) The court must not release a victim submission to
the offender in relation to whom the order is being
made unless--
(a) the release of the submission is, in the
opinion of the court, essential in the interests
30 of fairness and justice; and
(b) before releasing the victim submission, the
court has asked the person who made the
victim submission whether he or she--
561196B.I-11/11/2009 64 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 6--Proceedings Relating to Orders
s. 95
(i) consents to the submission being
released to the offender; or
(ii) wishes to amend the submission so that
it can be released to the offender; or
5 (iii) wishes to withdraw the submission.
(2) If a person who made a victim submission does
not consent to the submission being released to
the offender, amend the submission so that it can
be released to the offender or withdraw the
10 submission when asked whether or not to do so by
the court under subsection (1)(b), the court--
(a) must not release the victim submission to the
offender; and
(b) in considering the victim submission when
15 determining to impose a condition on the
supervision order, may reduce the weight it
would otherwise have given to the
submission if the person who made it had
consented as provided for in
20 subsection (1)(b).
(3) Despite subsections (1) and (2), the court may
take reasonable steps to disclose to the offender,
or the offender's legal representative, the
substance of the victim submission if the court is
25 satisfied that those steps would not reasonably
lead to the identification of the victim who made
the submission.
__________________
561196B.I-11/11/2009 65 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 7--Appeals
s. 96
PART 7--APPEALS
Division 1--Appeals relating to supervision, detention and
interim orders
96 Appeals by offenders
5 An offender who is subject to a supervision order,
a detention order or an interim order may appeal
to the Court of Appeal against a decision made by
a court--
(a) to make the order; or
10 (b) to renew or extend the order; or
(c) to impose conditions (other than core
conditions) on the order; or
(d) to impose a particular period of operation of
the order; or
15 (e) not to revoke the order on a review under
Part 5; or
(f) to revoke the order and make a new
supervision order or detention order.
97 Appeals by the Secretary
20 The Secretary, if he or she considers that it is in
the public interest to do so, may appeal to the
Court of Appeal against a decision made by a
court--
(a) not to make a supervision order or an interim
25 supervision order; or
(b) not to renew a supervision order; or
(c) not to extend an interim supervision order; or
(d) to revoke a supervision order on a review; or
561196B.I-11/11/2009 66 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 7--Appeals
s. 98
(e) to impose a particular period of operation of
a supervision order or an interim supervision
order; or
(f) to impose or not to impose conditions (other
5 than core conditions) on a supervision order
or an interim supervision order.
98 Appeals by the Director of Public Prosecutions
The Director of Public Prosecutions, if he or she
considers that it is in the public interest to do so,
10 may appeal to the Court of Appeal against a
decision made by the Supreme Court--
(a) not to make a detention order or an interim
detention order; or
(b) not to renew a detention order; or
15 (c) not to extend an interim detention order; or
(d) to revoke a detention order on a review; or
(e) to impose a particular period of operation of
a detention order or an interim detention
order.
20 99 Procedure for appeals
(1) If the offender or the Secretary or the Director of
Public Prosecutions proposes to appeal under this
Division, he or she must, in accordance with rules
of court, file with the Court of Appeal a notice of
25 appeal setting out the grounds of the appeal
within--
(a) 28 days after the day on which the decision
appealed from was made; or
(b) any extension of that period granted under
30 subsection (2).
561196B.I-11/11/2009 67 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 7--Appeals
s. 100
(2) The Court of Appeal may at any time extend the
time within which a notice of appeal may be filed
under this Division if the Court considers that it is
in the interests of justice to do so.
5 (3) As soon as practicable after giving notice
of appeal to the Court of Appeal under
subsection (1), the appellant must cause a copy of
the notice to be served on the respondent to the
appeal.
10 (4) If the Secretary or the Director of Public
Prosecutions is the appellant, the document served
under subsection (3) must be accompanied by a
notice in the prescribed form setting out the
offender's rights in relation to, and the procedure
15 for the hearing and determination of, the appeal.
(5) The filing of a notice of appeal with the Court of
Appeal does not, unless the court that made the
decision or the Court of Appeal otherwise orders,
stay the operation of the decision.
20 (6) Section 84 and Division 2 of Part 6 (with any
modifications) apply to the hearing of an appeal
under this Part.
100 Powers to consider new evidence
In considering an appeal under this Part, the Court
25 of Appeal may--
(a) consider new evidence that is relevant to the
application; and
(b) direct the Secretary to provide a new
assessment report or progress report in
30 respect of the offender.
101 Powers of Court of Appeal
(1) On an appeal under this Division, the Court of
Appeal may make any order the Court considers
appropriate including an order to--
561196B.I-11/11/2009 68 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 7--Appeals
s. 101
(a) confirm the decision; or
(b) revoke the supervision order or the renewed
supervision order; or
(c) revoke the detention order or renewed
5 detention order; or
(d) revoke the interim order or extended interim
order; or
(e) if the relevant decision was to vary or add a
condition to a supervision order, revoke the
10 variation or revoke or vary the condition; or
(f) if the decision was to revoke a supervision
order or detention order or an interim order,
make an order reviving the order; or
(g) if the decision was to revoke a supervision
15 order and make a detention order, revoke the
detention order and restore the supervision
order; or
(h) set aside the decision and remit the matter to
the court which made that decision, with or
20 without any directions.
(2) If the Court of Appeal remits a matter to a court
under subsection (1)(h), that court may make or
renew a supervision order or detention order or
make or extend an interim order in respect of the
25 offender even if--
(a) the offender is not then an eligible offender
because he or she is no longer serving a
custodial sentence, except where--
(i) the relevant conviction has been set
30 aside on appeal; or
(ii) his or her sentence in respect of that
offence is altered so that he or she
would not have been an eligible
561196B.I-11/11/2009 69 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 7--Appeals
s. 102
offender had the amended sentence
been the original sentence; or
(b) the order to be renewed or extended has
expired--
5 as the case requires.
(3) A direction under subsection (1)(h) may include
directions as to whether or not the court to which
the matter is remitted should be constituted by the
judge who made the decision appealed from.
10 102 Court of Appeal may make interim order
(1) If the Court of Appeal remits a matter to a court
under section 101(1)(h), the Court of Appeal may
make an interim supervision order or an interim
detention order (as the case requires) in respect of
15 the offender, if the Court of Appeal is satisfied
that--
(a) the making of the order is justified; and
(b) it is in the public interest to make the order.
(2) Subject to this section, this Act applies to an
20 interim order made by the Court of Appeal in the
same way as it applies to any other like interim
order.
(3) The period of an interim order made by the Court
of Appeal is the period beginning on the making
25 of the order and ending at the time that the matter
has been determined by the court to which the
matter has been remitted.
(4) A charge for an offence against section 160 in
relation to an interim order made by the Court of
30 Appeal is to be heard in the court to which the
matter has been remitted and for that purpose any
reference in Part 11 to the court that made the
interim order is taken to be a reference to the court
to which the matter has been remitted.
561196B.I-11/11/2009 70 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 7--Appeals
s. 103
Division 2--Appeals relating to publication of information
103 Appeal relating to publication of information
(1) Any person affected by a decision of the court
under Division 1 of Part 13 may appeal to the
5 Court of Appeal against that decision.
(2) On an appeal under subsection (1), the Court of
Appeal may make any order that a court can make
under Division 1 of Part 13.
__________________
561196B.I-11/11/2009 71 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 8--Assessment of Eligible Offenders
s. 104
PART 8--ASSESSMENT OF ELIGIBLE OFFENDERS
Division 1--Assessment
104 Secretary to consider whether order should be made
in respect of eligible offender
5 (1) The Secretary may determine whether or not--
(a) an application should be made for a
supervision order under Part 2 in respect of
an eligible offender;
(b) a matter should be referred to the Director of
10 Public Prosecutions for determination as to
whether an application should be made under
Part 3 for a detention order in respect of an
eligible offender.
(2) In considering a matter under subsection (1), the
15 Secretary--
(a) must have regard to an assessment report in
respect of the eligible offender; and
(b) may have regard to any other report,
information or matter the Secretary considers
20 relevant.
(3) Nothing in this Part requires the Secretary to
apply for a supervision order in respect of a
particular eligible offender.
105 Referral to Director of Public Prosecutions
25 (1) If the Secretary considers that an application
should be made for a detention order, the
Secretary must refer the matter to the Director of
Public Prosecutions for consideration.
(2) The Secretary must provide the Director of Public
30 Prosecutions with a copy of the assessment report
and any other report or information requested by
the Director.
561196B.I-11/11/2009 72 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 8--Assessment of Eligible Offenders
s. 106
(3) The Director of Public Prosecutions must
determine whether or not to make an application
for a detention order in respect of an eligible
offender.
5 (4) In determining the matter, the Director of Public
Prosecutions--
(a) must have regard to the assessment report
relating to the eligible offender; and
(b) may have regard to any other report,
10 information or matter the Director considers
relevant.
(5) Nothing in this Part requires the Director of Public
Prosecutions to apply for a detention order in
respect of a particular eligible offender.
15 (6) If the Director of Public Prosecutions determines
not to apply for a detention order in respect of a
particular eligible offender, the Director may refer
the matter back to the Secretary.
(7) On the referral of a matter to the Secretary under
20 subsection (6), or on the determination of the
Director of Public Prosecutions not to apply for a
detention order, the Secretary may determine that
an application should be made for a supervision
order or not to proceed with the matter.
25 106 Who can make an assessment report?
(1) An assessment report can only be made by a
medical expert following a personal examination
of an offender.
(2) A medical expert may still make an assessment
30 report even if the offender does not cooperate, or
does not cooperate fully, in the examination by the
expert.
561196B.I-11/11/2009 73 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 8--Assessment of Eligible Offenders
s. 107
107 Secretary may direct offender to attend for
examination
(1) For the purposes of section 106, the Secretary, by
written notice served on an offender, may direct
5 the offender to attend a specified medical expert at
a place and on a date and time specified in the
direction for a personal examination.
(2) The Secretary, by written notice served on an
offender, may vary or revoke a direction given to
10 the offender under this section.
(3) An offender must not fail, without reasonable
excuse, to comply with--
(a) a direction given to the offender under
subsection (1); or
15 (b) that direction as varied under subsection (2).
Penalty: Level 7 imprisonment (2 years
maximum).
(4) Despite section 106(1), a medical expert may still
make an assessment report if the offender does not
20 comply with a direction given under this section.
(5) Nothing in this section empowers the giving of a
direction that would require an offender to submit
to a physical examination or in any way actively
to cooperate in the carrying out of a personal
25 examination.
108 Additional assessments
(1) If a medical expert considers it necessary to do so
for the purposes of making an assessment report,
the medical expert may seek an assessment of the
30 offender from another medical expert
(an additional assessment).
561196B.I-11/11/2009 74 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 8--Assessment of Eligible Offenders
s. 109
(2) For the purposes of an additional assessment, the
Secretary, by written notice served on an offender,
may direct the offender to attend a specified
medical expert at a place and on a date and time
5 specified in the direction for a personal
examination.
(3) The Secretary, by written notice served on an
offender, may vary or revoke a direction given to
the offender under this section.
10 (4) An offender must not fail, without reasonable
excuse, to comply with--
(a) a direction given to the offender under
subsection (2); or
(b) that direction as varied under subsection (3).
15 Penalty: Level 7 imprisonment (2 years
maximum).
(5) A medical expert may still make an additional
assessment if the offender does not comply with a
direction given under this section.
20 (6) Nothing in this section empowers the giving of a
direction that would require an offender to submit
to a physical examination or in any way actively
to cooperate in the carrying out of a personal
examination.
25 109 What is an assessment report?
(1) An assessment report must address the following
matters in relation to the offender--
(a) whether or not the offender has a propensity
to commit relevant offences in the future;
30 (b) the pattern or progression to date of sexual
offending behaviour on the part of the
offender and an indication of the nature of
any likely future sexual offending behaviour
on his or her part;
561196B.I-11/11/2009 75 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 8--Assessment of Eligible Offenders
s. 109
(c) efforts made to date by the offender to
address the causes of his or her sexual
offending behaviour, including whether he or
she has actively participated in any
5 rehabilitation or treatment programs;
(d) if the offender has participated in any
rehabilitation or treatment programs, whether
or not this participation has had a positive
effect on him or her;
10 (e) relevant background of the offender,
including developmental and social factors
and other offending behaviour;
(f) factors that might increase or decrease any
identified risks;
15 (g) if an additional assessment of the offender
has been obtained under section 108, the
results of that assessment;
(h) any other relevant matters.
(2) An assessment report must state--
20 (a) the medical expert's assessment of the risk
that the offender will commit another
relevant offence if released in the community
and not made subject to a detention order or
supervision order; and
25 (b) reasons for that assessment.
(3) In stating an assessment and the reasons for it
under subsection (2), the medical expert may have
regard to any additional assessment obtained
under section 108 in respect of the offender.
561196B.I-11/11/2009 76 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 8--Assessment of Eligible Offenders
s. 110
Division 2--Progress reports
110 Progress report to be prepared
The Secretary or the Director of Public
Prosecutions (as the case requires)--
5 (a) must cause a progress report to be prepared
in relation to an offender for the purposes of
any application under Part 5; and
(b) may cause a progress report to be prepared in
relation to an offender for the purposes of an
10 application for renewal of an order under
Part 2 or 3.
111 Application of Division 1
Sections 106 to 108 apply (with any necessary
modifications) to the preparation of a progress
15 report as if it were an assessment report.
112 Progress report
(1) A progress report must address the following
matters in relation to an offender--
(a) whether or not the offender has a propensity
20 to commit relevant offences in the future;
(b) efforts made by the offender in the previous
12 months or since the last review to address
the causes of the offender's sexual offending
behaviour, including whether or not the
25 offender participated in any rehabilitation or
treatment programs; and
(c) if the offender has participated in any
rehabilitation or treatment programs, whether
or not this participation has had a positive
30 effect on him or her;
(d) factors that might increase or decrease any
identified risks;
561196B.I-11/11/2009 77 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 8--Assessment of Eligible Offenders
s. 113
(e) if an additional assessment of the offender
has been obtained under section 108, the
results of that assessment;
(f) any other relevant matters.
5 (2) A progress report must state--
(a) the medical expert's assessment of the risk
that the offender will commit another
relevant offence if released in the community
and not made subject to a detention order or
10 supervision order; and
(b) reasons for that assessment.
(3) In stating an assessment and the reasons for it
under subsection (2), the medical expert may have
regard to any additional assessment obtained
15 under section 108 in respect of the offender.
Division 3--Disputed reports
113 Disputing reports
(1) The Secretary, the Director of Public Prosecutions
or the offender may file with the court a notice of
20 intention to dispute the whole or any part of any
assessment report, progress report or other report
made to the court or filed with an application
under this Act.
(2) If a notice is filed under subsection (1) before the
25 application is determined, the court must not take
the report or the part in dispute (as the case
requires) into consideration in determining the
application unless the party that filed the notice
has been given the opportunity--
30 (a) to lead evidence on the disputed matters; and
(b) to cross-examine the author of the report on
its contents.
__________________
561196B.I-11/11/2009 78 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 9--Management of Offenders on Detention Orders
s. 114
PART 9--MANAGEMENT OF OFFENDERS ON DETENTION
ORDERS
114 Function of Adult Parole Board in relation to
detention orders
5 The Adult Parole Board is responsible for
reviewing and monitoring the progress of
offenders on detention orders and interim
detention orders.
115 Status of offender on detention orders or interim
10 detention orders
(1) An offender in custody in a prison under a
detention order or interim detention order must be
treated in a way that is appropriate to his or her
status as an unconvicted prisoner subject to any
15 reasonable requirements necessary to maintain--
(a) the management, security and good order of
the prison; and
(b) the safe custody and welfare of the offender
or any other prisoners.
20 (2) Except as provided in subsection (3), an offender
in custody in a prison under a detention order or
interim detention order must not be
accommodated or detained in the same area or
unit of the prison as persons who are in prison for
25 the purpose of serving custodial sentences.
(3) An offender may be accommodated or detained in
the same area or unit of the prison as persons who
are in prison for the purpose of serving custodial
sentences--
30 (a) if it is reasonably necessary for the purposes
of rehabilitation, treatment, work, education,
general socialisation and other group
activities of this kind; or
561196B.I-11/11/2009 79 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 9--Management of Offenders on Detention Orders
s. 116
(b) if it is necessary for the safe custody or
welfare of the offender or prisoners or the
security or good order of the prison; or
(c) if the offender has elected to be so
5 accommodated or detained.
116 Relationship to Corrections Act 1986
An offender on a detention order is to be managed
under the Corrections Act 1986 subject to this
Part.
__________________
561196B.I-11/11/2009 80 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 117
PART 10--MANAGEMENT OF OFFENDERS ON
SUPERVISION ORDERS
Division 1--Introductory
117 Definition
5 In this Part, supervision order includes interim
supervision order.
Division 2--Functions and powers of Adult Parole Board
118 Functions of Adult Parole Board
The Adult Parole Board has the following
10 functions under this Act--
(a) to monitor compliance with and administer
the conditions of a supervision order;
(b) to give directions and instructions to an
offender in accordance with any
15 authorisation given to the Adult Parole
Board under a supervision order;
(c) to make decisions to ensure the carrying into
effect of the conditions of supervision
orders;
20 (d) to make recommendations to the Secretary in
relation to applying to a court to review the
conditions of supervision orders;
(e) to review and monitor the progress of
offenders on supervision orders;
25 (f) any other function conferred on the Adult
Parole Board by or under this Act.
561196B.I-11/11/2009 81 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 119
119 Directions by Adult Parole Board
If the conditions of a supervision order authorise
the Adult Parole Board to give directions to an
offender, the Adult Parole Board may give
5 directions to an offender in accordance with that
authorisation.
120 Emergency power of direction
(1) The emergency power of the Adult Parole Board
is the power to give directions to an offender to
10 manage the offender in a way that is inconsistent
with, or not provided for by the conditions of the
supervision order.
(2) The Adult Parole Board may exercise its
emergency power to give a direction to the
15 offender if--
(a) there is an imminent risk of harm to the
offender or to the community; or
(b) accommodation specified by the court as a
condition of the order becomes
20 unavailable--
and the Adult Parole Board believes on reasonable
grounds that because of the urgency of the
situation it is not practicable for an application to
be made to the court for a variation of the
25 conditions of the supervision order.
(3) An emergency direction ceases to have effect
72 hours after it is given.
(4) If the Adult Parole Board gives a direction under
this section, it must notify the Secretary of that
30 direction before it ceases to have effect.
561196B.I-11/11/2009 82 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 121
121 Instructions
In addition to its powers to give directions
authorised under a supervision order, the Adult
Parole Board may give any instructions to an
5 offender that are necessary to give effect to the
conditions of or directions under a supervision
order and are consistent with that order.
122 Notice of directions or instructions
The Adult Parole Board must notify the offender
10 of any directions or instructions it gives in relation
to the offender.
123 Offender may make submissions
(1) The offender is entitled to make written
submissions to the Adult Parole Board about a
15 direction relating to the offender.
(2) The submissions must be made within 21 days
after the notice of the direction is given to the
offender.
(3) In the submissions the offender may specify that
20 he or she wishes to attend a meeting of the Adult
Parole Board to be heard in relation to the
submissions.
124 Attendance of offender at meetings of Adult Parole
Board
25 (1) If required by the Adult Parole Board, an offender
must attend a meeting of the Board for a purpose
relating to the giving of a direction or instruction
by the Board.
(2) An offender who has specified under section 123
30 that he or she wishes to attend a meeting of the
Adult Parole Board to be heard in relation to the
submissions is entitled to be present at the part of
a meeting of Adult Parole Board at which the
Adult Parole Board considers the submissions.
561196B.I-11/11/2009 83 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 125
(3) At the meeting the offender--
(a) must be given the opportunity to be heard in
relation to the direction; and
(b) may ask the reasons for the direction; and
5 (c) may give a response to those reasons.
(4) For the purposes of this section, an offender may
be present before the Adult Parole Board by audio
visual link or audio link.
(5) The Adult Parole Board may hold a meeting of a
10 kind referred to in subsection (2) in the absence of
the offender if the Adult Parole Board is satisfied
that the offender does not wish to be present at the
meeting.
(6) In this section--
15 audio link means facilities (including telephone)
that enable audio communication between
persons at different places;
audio visual link means facilities (including
closed-circuit television) that enable audio
20 and visual communication between persons
at different places.
125 Decision of Adult Parole Board on submissions
The Adult Parole Board must consider the
offender's written submissions under section 123
25 and any response by the offender at a meeting
under section 124 and confirm or vary the
direction as soon as practicable.
126 Reasons for directions
(1) The Adult Parole Board must give the offender a
30 statement of reasons for its decision under
section 125 as soon as practicable after making
the decision.
561196B.I-11/11/2009 84 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 127
(2) At the written request of the offender, the Adult
Parole Board must give the offender a statement
of reasons for any other decision made by the
Adult Parole Board in relation to the offender.
5 (3) The request under subsection (2) must be made
within 28 days after the decision is made.
(4) The Adult Parole Board must give the statement
of reasons under subsection (2) as soon as
practicable, and in any event within 15 working
10 days, after the request is received.
(5) The statement of reasons must set out--
(a) the reasons for the decision; and
(b) the findings on material questions of fact that
formed the basis of the decision, referring to
15 the evidence or other material on which
those findings were based.
(6) A statement of reasons need not be given under
this section if the Adult Parole Board has already
given a written statement containing the matters
20 referred to in subsection (5) to the offender
(whether as part of the decision or separately).
(7) The Adult Parole Board is not required to give a
statement of reasons to an offender if the
chairperson considers that it is not in the public
25 interest to do so having regard to the nature of the
evidence or information that would be disclosed
by the giving of the statement.
127 Offender may inspect documents with permission of
the Adult Parole Board
30 (1) An offender, with the permission of the Adult
Parole Board, may inspect any document that
contains any evidence on which the Adult Parole
Board has relied or intends to rely in making a
decision to give a direction or instruction to the
35 offender.
561196B.I-11/11/2009 85 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 128
(2) The Adult Parole Board may refuse permission
under subsection (1) if the chairperson considers
that it is not in the public interest to permit the
inspection of the documents, having regard to the
5 nature of the evidence or information that would
be disclosed by the inspection.
(3) An offender may not make a copy of any
document inspected by him or her under
subsection (1) and must return the document to
10 the Adult Parole Board within the time specified
by the Adult Parole Board.
128 Adult Parole Board must notify Secretary of certain
matters
If the Adult Parole Board grants permission under
15 section 127 to an offender, the Adult Parole
Board, within 7 working days after granting the
permission, must notify the Secretary setting out
details of the permission granted.
129 Victim submissions
20 (1) A person who is a victim (within the meaning of
section 30A of the Corrections Act 1986) of the
offender may make a submission to the Adult
Parole Board for consideration by the Adult
Parole Board in determining any direction it may
25 give to an offender under the conditions of a
supervision order.
(2) The Adult Parole Board must give notice of a
proposed direction to each person included on the
victims register established under the Corrections
30 Act 1986 who is a victim (within the meaning of
section 30A of that Act) of the offender.
561196B.I-11/11/2009 86 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 130
(3) The notice must specify--
(a) the nature of the direction; and
(b) the period within which the victim
submission can be made in relation to the
5 direction.
(4) A person wishing to make a victim submission
must do so within the period specified in a notice
served on the person under subsection (2).
(5) A victim submission--
10 (a) must be in writing; and
(b) must address matters relating to the person's
views about any directions to which the
offender should be subject; and
(c) must include any other prescribed matters.
15 130 How victim submissions are dealt with by the Adult
Parole Board
(1) Before giving an offender any direction under a
supervision order, the Adult Parole Board--
(a) must consider whether it is appropriate for it
20 to consider victim submissions in relation to
the matter to be determined having regard to
the conditions of the supervision order; and
(b) if it considers it appropriate--
(i) must consider any victim submission it
25 receives in relation to the matter being
determined; and
(ii) may, in its absolute discretion, give that
submission the weight that the Adult
Parole Board sees fit in determining
30 whether to give a direction.
(2) The Adult Parole Board must not release a victim
submission to the offender in relation to whom the
direction is being determined unless--
561196B.I-11/11/2009 87 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 130
(a) the release of the submission is, in the
opinion of the Adult Parole Board, essential
in the interests of fairness and justice; and
(b) before releasing the victim submission, the
5 Adult Parole Board has asked the person
who made the victim submission whether he
or she--
(i) consents to the submission being
released to the offender; or
10 (ii) wishes to amend the submission so that
it can be released to the offender; or
(iii) wishes to withdraw the submission.
(3) If a person who made a victim submission does
not consent to the submission being released to
15 the offender, amend the submission so that it can
be released to the offender or withdraw the
submission when he or she is asked whether he or
she wishes to do so by the Adult Parole Board
under subsection (2)(b), the Adult Parole Board--
20 (a) must not release the victim submission to the
offender; and
(b) in considering the victim submission when
determining to give a direction, may reduce
the weight it would otherwise have given to
25 the submission if the person who made it had
complied with subsection (2)(b).
(4) Despite subsections (2) and (3), the Adult Parole
Board may take reasonable steps to disclose to the
offender, or the offender's legal representative, the
30 substance of the victim submission if the Adult
Parole Board is satisfied that those steps would
not reasonably lead to the identification of the
victim who made the submission.
561196B.I-11/11/2009 88 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 131
131 Urgent review of conditions of supervision order
(1) This section applies if the Adult Parole Board
gives a direction under its emergency power and
believes that the management of the offender
5 under that direction should continue for more than
72 hours.
(2) The Adult Parole Board may recommend to the
Secretary that an urgent application be made to
the court under Part 5 for a review of the
10 conditions of the supervision order.
132 Report to the court
(1) This section applies if the Adult Parole Board
exercises its emergency power in relation to an
offender.
15 (2) The Secretary must, within 5 working days after
the Adult Parole Board initiates the use of the
emergency power, report to the court that made
the supervision order in relation to the offender.
(3) The report must set out--
20 (a) details of the emergency situation; and
(b) an explanation as to why the offender could
not be managed during the emergency
situation consistently with the conditions of
the supervision order; and
25 (c) how the emergency power was exercised;
and
(d) how the emergency situation was resolved.
Division 3--Management of offenders at residential facilities
133 Appointment of residential facilities
30 (1) The Governor in Council, by order published in
the Government Gazette, may appoint any
premises (including part of any building or place)
561196B.I-11/11/2009 89 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 134
other than a prison or police gaol to be a
residential facility for the purposes of this Act.
(2) The maximum number of persons to reside in a
residential facility is the number (if any) stated in
5 the order.
(3) The Governor in Council, by order published in
the Government Gazette, may revoke the
appointment of any premises as a residential
facility.
10 (4) An order under subsection (1) or (3) comes into
operation on its making or on a later date stated in
the order.
(5) The purpose of a residential facility is to provide
for one or more of the following--
15 (a) the supervision and case management of
offenders on supervision orders;
(b) the safe accommodation of offenders on
supervision orders;
(c) the protection of the community from
20 offenders on supervision orders;
(d) the provision of support to offenders to assist
them in complying with the conditions of
supervision orders.
134 Management of residential facility
25 (1) The Commissioner is responsible for the
management and good order of a residential
facility.
(2) In managing an offender at a residential facility
the Commissioner must give effect to any
30 conditions of the supervision order and any
directions given by the Adult Parole Board in
accordance with that order.
561196B.I-11/11/2009 90 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 135
135 Persons working at residential facility to be subject
to direction
A person working at a residential facility--
(a) as a psychiatrist, registered medical
5 practitioner, dentist, nurse or health worker,
is subject to the directions of the
Commissioner relating to the good order of
the facility; or
(b) in any other capacity, is subject to the
10 directions of the Commissioner.
136 Duties of supervision officers
(1) A supervision officer must, when required by the
Commissioner, make reports and returns and keep
records and give those reports, returns and records
15 to the Commissioner or to any person or body
stated in the requirement.
(2) A supervision officer must, when required by the
Commissioner--
(a) report to a court concerning an offender or a
20 person who comes before the court for
sentencing; and
(b) report to the Adult Parole Board concerning
an offender.
(3) A supervision officer working at a residential
25 facility--
(a) must not jeopardize the good order of the
facility; and
(b) must report immediately to the officer in
charge of the residential facility anything
30 which might reasonably be thought to
jeopardize the good order of the facility.
561196B.I-11/11/2009 91 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 137
(4) In relation to a supervision officer working at a
residential facility as a psychiatrist, registered
medical practitioner, dentist, nurse or health
worker, subsections (1) and (2) apply as if they
5 referred to reports, returns and records concerning
the good order of a residential facility only.
(5) In this section supervision officer includes--
(a) a person who works at a residential facility
as a psychiatrist, registered medical
10 practitioner, dentist, nurse or health worker;
or
(b) an employee in the teaching service or a
member of staff of a TAFE Institute who is
working at a residential facility.
15 137 Supervision officer may give instructions
(1) In accordance with the supervision order applying
to an offender residing at a residential facility, a
supervision officer may give to the offender such
reasonable instructions as are necessary to
20 ensure--
(a) the good order of the residential facility; or
(b) the safety and welfare of offenders or of staff
of the facility or visitors to the facility; or
(c) compliance with the conditions of the
25 supervision order; or
(d) compliance with any directions given by the
Adult Parole Board to the offender in
accordance with the supervision order.
(2) A power to give instructions under subsection (1)
30 includes the power to give instructions to an
offender outside the residential facility that are
necessary to give effect to the conditions of the
supervision order.
561196B.I-11/11/2009 92 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 138
138 Offender entitled to enter and leave residential
facility
An offender directed to reside at a residential
facility is entitled to enter and leave the residential
5 facility at any time subject to--
(a) the conditions of the supervision order; and
(b) the directions of the Adult Parole Board; and
(c) any instructions under section 137; and
(d) this Division.
10 139 Visitors
(1) Visitors may enter a residential facility at any time
subject to--
(a) the conditions of the supervision order; and
(b) the directions of the Adult Parole Board; and
15 (c) any reasonable requirements of the
Commissioner relating to the good order of
the facility or the safety and welfare of
offenders or staff at the facility or visitors to
the facility; and
20 (d) this Division.
(2) A supervision officer may give to a visitor to a
residential facility any instructions that are
necessary for the management and good order of
the facility or the safety and welfare of offenders
25 or staff at the facility or visitors to the facility.
140 Exclusion of visitors for safety reasons
The officer in charge of a residential facility may
by order prohibit certain persons from visiting the
facility if the officer in charge believes on
30 reasonable grounds that the person's entry into the
facility might endanger the good order of the
facility or the safety and welfare of offenders or
staff at the facility or visitors to the facility.
561196B.I-11/11/2009 93 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 141
141 Visitors to give certain information
(1) A supervision officer may require any person who
wishes to enter, or who has entered, a residential
facility as a visitor to give the supervision officer
5 information as to--
(a) the purpose of the visit or intended visit; and
(b) the person's identity, address, occupation and
age; and
(c) the person's relationship (if any) to any
10 offender the person wishes to visit.
(2) If when asked, a person does not give the required
information to a supervision officer or gives
information to a supervision officer that is false or
misleading the supervision officer may--
15 (a) if the person has not entered the facility, by
order prohibit the person from entering the
facility; or
(b) if the person has entered the facility, order
the person to leave the facility immediately.
20 (3) A person ordered to leave a residential facility
under this section may only re-enter the facility
with the Commissioner's permission.
(4) If a person disobeys an order to leave a residential
facility, a supervision officer may, if necessary,
25 use reasonable force to compel the person to leave
the facility.
(5) A supervision officer who orders a person to leave
a residential facility or uses force to compel a
person to leave a residential facility must as soon
30 as possible report the fact to the officer in charge
of the facility.
561196B.I-11/11/2009 94 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 142
142 Search
(1) The officer in charge of a residential facility may
give an order under this section only if the officer
in charge reasonably believes that the search is
5 necessary--
(a) for the good order of the residential facility;
or
(b) the safety and welfare of offenders or of staff
of the facility or of visitors to the facility; or
10 (c) to monitor an offender's compliance with a
supervision order or an interim supervision
order; or
(d) because the officer in charge reasonably
suspects the offender of behaviour or
15 conduct associated with an increased risk of
the offender re-offending.
(2) The officer in charge of a residential facility may,
at any time, order a supervision officer to--
(a) search any part of, or any thing in, the
20 residential facility; or
(b) search and examine a supervision officer, an
offender or any other person (other than a
judge of the Supreme Court or County Court
or a magistrate) in a residential facility; or
25 (c) require a person (other than a judge of the
Supreme Court or County Court or a
magistrate) wishing to enter a residential
facility to submit to a search and
examination of the person and anything in
30 the person's possession or under the person's
control.
(3) A search under subsection (2) includes the power
to read any correspondence in the possession of an
offender that is not--
561196B.I-11/11/2009 95 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 142
(a) sealed in an envelope or container unless the
envelope or container has already been
opened and resealed after the offender
received it; or
5 (b) addressed to or from--
(i) the Minister, the Secretary, the
Commissioner;
(ii) a member of Parliament;
(iii) a lawyer representing the offender, or
10 from whom the offender is seeking
legal advice;
(iv) the Ombudsman;
(v) the Privacy Commissioner;
(vi) the Equal Opportunity and Human
15 Rights Commissioner;
(vii) the Health Services Commissioner;
(viii) the Human Rights Commissioner;
(ix) any person authorised to act on behalf
of a person listed in subparagraphs (iv)
20 to (viii);
(4) For the purposes of subsection (2) a search of a
person means either or both a garment search or a
pat-down search.
(5) To the extent practicable a pat-down search must
25 be conducted by a person of the same sex as the
person being searched.
(6) If a person other than a supervision officer or an
offender refuses to submit to a search under this
section the officer in charge of the residential
30 facility may order the person to leave the
residential facility immediately.
561196B.I-11/11/2009 96 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 143
(7) A supervision officer may, if necessary, use
reasonable force to compel a person to obey an
order to leave a residential facility.
(8) In this section--
5 Equal Opportunity and Human Rights
Commissioner means the Commissioner
appointed under section 170 of the Equal
Opportunity Act 1995;
garment search means a search of any article of
10 clothing worn by a person or in the person's
possession, where the article of clothing is
touched or removed from the person's body;
Health Services Commissioner means the
Commissioner as defined in the Health
15 Services (Conciliation and Review) Act
1987;
Human Rights Commissioner means the Human
Rights Commissioner appointed under the
Human Rights and Equal Opportunity
20 Commission Act 1986 of the
Commonwealth;
pat-down search means a search of a person
where the person's clothed body is touched.
143 Seizure
25 In carrying out searches under section 142, a
supervision officer may seize any thing found in a
residential facility, whether in a person's
possession or not, which the supervision officer
reasonably suspects will compromise--
30 (a) the good order or management of the
residential facility; or
(b) the safety and welfare of offenders or of staff
of the facility or of visitors to the facility; or
561196B.I-11/11/2009 97 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 144
(c) the welfare or safety of a member of the
public; or
(d) the offender's compliance with the
supervision order--
5 or which the supervision officer reasonably
suspects relates to behaviour or conduct
associated with an increased risk of the offender
re-offending.
144 Register of seized things
10 (1) The Commissioner must establish and maintain a
register of things seized under section 143 at a
residential facility.
(2) The register for a residential facility must contain
for each thing seized--
15 (a) a description of the thing;
(b) the name of the person from whom the thing
was seized;
(c) the name and address of the owner of the
thing (if known);
20 (d) the time and place of the seizure;
(e) the name and signature of the supervision
officer who seized the thing.
(3) A supervision officer as soon as practicable after
seizing a thing under section 143 must inform the
25 officer in charge of the residential facility of the
seizure and record the details of the seizure in the
register.
145 Photographing
(1) A supervision officer may at any time take
30 photographs of an offender residing at a
residential facility for the purposes of identifying
the offender, or of completing records concerning
the offender.
561196B.I-11/11/2009 98 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 146
(2) A supervision officer may give to the offender all
necessary instructions to ensure the taking of
accurate photographs.
146 Supervision officers may use force to enforce
5 instructions in certain circumstances
(1) A supervision officer may use reasonable force to
compel an offender residing at the facility
(whether the offender is inside or outside the
facility) to obey an instruction if he or she
10 believes on reasonable grounds that the use of
force is necessary--
(a) to prevent the offender or another person
being killed or seriously injured; or
(b) to prevent serious damage to property.
15 (2) If a supervision officer uses force to compel the
person to obey an instruction, he or she must
report that fact to the officer in charge of the
residential facility as soon as possible.
(3) The officer in charge of a residential facility must
20 as soon as possible report to the Commissioner
any use of force by a supervision officer to
compel an offender to obey an instruction that has
been reported to the officer in charge.
147 Access to residential facility
25 (1) The Commissioner may authorise any person to
enter a residential facility.
(2) An authority under subsection (1) is subject to the
conditions determined by the Commissioner and
stated in the authority.
30 (3) A person who is authorised to enter a residential
facility and who, whilst at the facility--
(a) contravenes this Act, or the regulations; or
(b) contravenes a direction given by the
Commissioner; or
561196B.I-11/11/2009 99 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 148
(c) contravenes a condition to which the
authority to enter is subject; or
(d) does anything which, in the Commissioner's
opinion, threatens the good order of the
5 facility--
must, if ordered by the Commissioner, leave the
facility immediately.
Division 4--Management of offenders at other locations
148 Application of Division
10 This Division applies if an offender is directed or
instructed under a supervision order or an interim
supervision order to reside at a location other than
a residential facility.
149 Management of offender
15 (1) The Commissioner is responsible for the
management of the offender.
(2) In managing an offender the Commissioner must
give effect to any conditions of the supervision
order and any directions given by the Adult Parole
20 Board in accordance with that order.
(3) The Commissioner may direct a community
corrections officer to be responsible for the day to
day management of the offender.
150 Community corrections officers to be subject to
25 direction
A community corrections officer who manages
the offender is subject to the direction of the
Commissioner.
561196B.I-11/11/2009 100 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 151
151 Community corrections officer may give
instructions
In accordance with the supervision order applying
to the offender, a community corrections officer
5 may give to the offender such reasonable
instructions as are necessary to ensure--
(a) compliance with any rehabilitation or
treatment plan for the offender; or
(b) compliance with any directions given by the
10 Adult Parole Board to the offender in
accordance with the order.
152 Search
(1) The Commissioner may give a direction under this
section only if the Commissioner--
15 (a) reasonably believes that the search is
necessary to monitor an offender's
compliance with a supervision order or an
interim supervision order; or
(b) reasonably suspects the offender of
20 behaviour or conduct associated with an
increased risk of the offender re-offending.
(2) The Commissioner may at any time, direct a
community corrections officer to--
(a) search that part of the location that is
25 occupied by the offender, and any thing
(including any vehicle) belonging to or in the
possession of, or under the control of, the
offender, at the location; or
(b) search and examine the offender at the
30 location.
(3) For the purposes of subsection (2) a search of an
offender means either or both a garment search or
a pat-down search.
561196B.I-11/11/2009 101 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 153
(4) To the extent practicable a pat-down search must
be conducted by a person of the same sex as the
offender being searched.
(5) In this section--
5 garment search means a search of any article of
clothing worn by a person or in the person's
possession, where the article of clothing is
touched or removed from the person's body;
pat-down search means a search of a person
10 where the person's clothed body is touched.
153 Seizure
In carrying out a search under section 152, a
community corrections officer may seize any
thing found in the possession or under the control
15 of the offender, which the community corrections
officer reasonably suspects--
(a) will compromise--
(i) the welfare or safety of a member of the
public; or
20 (ii) the offender's compliance with the
supervision order; or
(b) relates to behaviour or conduct associated
with an increased risk of the offender
re-offending.
25 154 Register of seized things
(1) The Commissioner must establish and maintain a
register of things seized under this Division.
(2) The register must contain for each thing seized--
(a) a description of the thing;
30 (b) the name of the person from whom the thing
was seized;
561196B.I-11/11/2009 102 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 155
(c) the name and address of the owner of the
thing (if known);
(d) the time and place of the seizure;
(e) the name and signature of the community
5 corrections officer who seized the thing.
(3) A community corrections officer as soon as
practicable after seizing a thing under section 153
must inform the Commissioner of the seizure and
record the details of the seizure in the register.
10 Division 5--Alcohol and drug testing of offenders
155 Application of Division
This Division applies if a supervision order
contains--
(a) a condition requiring an offender to submit,
15 to breath testing, urinalysis or other test
procedures approved by the Secretary for
detecting alcohol or drug use; and
(b) a condition directing the offender to reside at
a residential facility or other location.
20 156 Offender to submit to testing
(1) At the direction of a relevant officer, the offender
must submit to breath testing, urinalysis or other
test procedures approved by the Secretary for
detecting alcohol or drug use.
25 (2) The relevant officer may only give a direction
under this section if the officer has reasonable
grounds to suspect that the offender has breached
a condition of the supervision order by consuming
alcohol or drugs.
561196B.I-11/11/2009 103 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 157
157 Secretary to approve test procedures
(1) The Secretary may approve test procedures for the
purpose of this Division.
(2) The Secretary must publish a notice of the
5 approved test procedures in the Government
Gazette.
158 Taking of samples of drugs and alcohol
(1) A relevant officer may take for analysis a sample
of a substance that the officer believes to be a
10 drug of dependence or alcohol that is found in the
possession of an offender and that was not
lawfully in the possession of the offender.
(2) The relevant officer who takes a sample of a
substance that the officer believes to be a drug of
15 dependence or alcohol must as soon as possible
advise the relevant officer in charge of that fact.
(3) The relevant officer in charge must ensure that the
sample is--
(a) sealed and labelled in accordance with the
20 approved test procedures; and
(b) delivered to an appropriate testing agency for
analysis in accordance with the approved test
procedures.
(4) The relevant officer in charge must maintain a
25 register in accordance with the approved test
procedures of each test carried out in respect of
offenders at the residential facility or other
location.
(5) In this section--
30 drug of dependence has the same meaning as it
has in the Drugs, Poisons and Controlled
Substances Act 1981;
561196B.I-11/11/2009 104 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 10--Management of Offenders on Supervision Orders
s. 158
relevant officer means--
(a) in the case of an offender directed to
reside at a residential facility, a
supervision officer; or
5 (b) in the case of an offender directed to
reside at another location, a community
corrections officer who has day to day
management of the offender;
relevant officer in charge means--
10 (a) in the case of a residential facility, the
officer in charge of the residential
facility; or
(b) in the case of any other location, the
Commissioner.
__________________
561196B.I-11/11/2009 105 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 11--Breach of Supervision Order
s. 159
PART 11--BREACH OF SUPERVISION ORDER
Division 1--Introductory
159 Definition
In this Part, supervision order includes interim
5 supervision order.
Division 2--Breach of order
160 Offence to breach order
(1) An offender must not, without reasonable excuse,
fail to comply with a condition of a supervision
10 order.
Penalty: Level 6 imprisonment (5 years
maximum).
(2) This section does not apply to a failure by the
offender to comply with a condition relating to
15 medical treatment.
Example
A requirement to take medication.
161 Adult Parole Board may inquire into breach
(1) The Adult Parole Board may make any inquiries
20 that the Board considers are appropriate and
reasonable in order to inquire into any alleged
breach of the conditions of a supervision order.
(2) For the purposes of the inquiry, the Adult Parole
Board may require the offender to attend before it
25 so that it may make inquiries into the alleged
breach.
(3) Subject to subsection (4), the Adult Parole Board
must provide to the offender any report or other
information on which the Board intends to rely in
30 making a determination.
561196B.I-11/11/2009 106 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 11--Breach of Supervision Order
s. 162
(4) The Adult Parole Board is not required to give a
report or information to an offender under this
section if the chairperson considers that it is not in
the public interest to do so having regard to the
5 nature of the information that would be disclosed
by the giving of the report or information.
(5) Subject to subsection (6), the Adult Parole Board
must give the offender the opportunity to respond
to any report or information provided under
10 subsection (3).
(6) The Adult Parole Board may complete its inquiry
without hearing the offender if--
(a) the offender refuses to attend when
requested; or
15 (b) the Board considers that it must complete its
inquiry as soon as practicable; or
(c) the Board considers it appropriate to do so in
the circumstances.
162 Seriousness of breach
20 (1) The Adult Parole Board may consider that
conduct by an offender is a serious breach of the
conditions of a supervision order if it--
(a) creates a risk to the safety of the community;
or
25 (b) is a repeated failure to comply with any
condition; or
(c) may increase the offender's risk of
committing a relevant offence or is
preparatory to a relevant offence; or
30 (d) seriously compromises the offender's
rehabilitation or treatment.
(2) Nothing in subsection (1) limits the circumstances
in which a breach of a supervision order may be
considered to be a serious breach.
561196B.I-11/11/2009 107 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 11--Breach of Supervision Order
s. 163
163 Action by Adult Parole Board in respect of breach
If after an inquiry under this Part, the Adult Parole
Board is satisfied that the offender has breached a
condition of the supervision order, the Board,
5 taking into account the seriousness of the breach,
may do one or more of the following--
(a) take no action;
(b) give a formal warning to the offender;
(c) vary any directions that it has given to the
10 offender under any condition of the order;
(d) recommend that the Secretary apply to the
court under Part 5 to review the conditions of
the supervision order;
(e) recommend to the Secretary to refer the
15 matter to the Director of Public Prosecutions
to consider whether or not to apply to the
Supreme Court for a detention order in
respect of the offender;
(f) recommend that the Secretary bring
20 proceedings in respect of the offence.
Division 3--Holding power
164 Criteria for exercise of powers
A member of the police force may exercise a
power under this Division in relation to an
25 offender only if there are reasonable grounds to
suspect that there is an imminent risk that the
offender will breach a condition of a supervision
order.
165 Detention power
30 (1) The member of the police force may, using the
force that is reasonably necessary, apprehend and
detain the offender.
561196B.I-11/11/2009 108 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 11--Breach of Supervision Order
s. 166
(2) The offender may be detained at a police station,
but may be detained in a police gaol only if the
officer considers it necessary to do so for the
protection of any person or property, or to prevent
5 the offender from escaping from detention.
Note
Section 49E of the Summary Offences Act 1966 makes it
an offence to escape or attempt to escape from a place where
a person is being lawfully detained.
10 (3) Nothing in section 479C of the Crimes Act 1958
applies to an offender who escapes or attempts to
escape from detention under this Division.
166 Search of person
(1) This section applies if a member of the police
15 force apprehends and detains an offender under
this Division.
(2) A member of the police force may search the
offender and any vehicle, package or thing in the
offender's possession if the member suspects, on
20 reasonable grounds, that the offender has in the
offender's possession any object that may cause
injury or damage or may be used to escape.
(3) To remove doubt, for the purposes of subsection
(2) a suspicion that searching the offender or any
25 vehicle, package or thing in the offender's
possession would provide evidence that an
offence has been or is being committed is not by
itself sufficient grounds for conducting the search.
167 Procedural requirements for offender apprehended
30 and detained
(1) This section applies if a member of the police
force apprehends and detains an offender under
this Division.
561196B.I-11/11/2009 109 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 11--Breach of Supervision Order
s. 167
(2) A member of the police force must--
(a) inform the offender that the offender--
(i) may communicate or attempt to
communicate with a friend or relative
5 to inform the friend or relative of the
person's whereabouts; and
(ii) may communicate or attempt to
communicate with a legal practitioner;
and
10 (b) give the offender a notice containing the
prescribed information about the offender's
rights and responsibilities under this
Division.
(3) A member of the police force must comply with
15 subsection (2) as soon as practicable after the
offender is apprehended and detained.
(4) If the offender wishes to communicate with a
friend, relative or legal practitioner, a member of
the police force must--
20 (a) afford the offender reasonable facilities as
soon as practicable to enable the person to do
so; and
(b) allow the offender's legal practitioner or a
clerk of the legal practitioner to
25 communicate with the offender in
circumstances in which, as far as practicable,
the communication will not be overheard.
(5) If the offender does not have sufficient knowledge
of the English language to enable the offender to
30 understand why the offender is subject to
detention, a member of the police force must
arrange for the offender to have access to a
competent interpreter.
561196B.I-11/11/2009 110 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 11--Breach of Supervision Order
s. 168
168 Duration of holding powers
The maximum period for which an offender may
be detained under this Division is 10 hours after
the detention begins.
5 169 Notice to Secretary
(1) A member of the police force must notify the
Secretary immediately if an offender is detained
under this Division.
(2) The Secretary must notify the Adult Parole Board
10 as soon as practicable of the detention of an
offender under this Division.
170 No questioning during holding period
While an offender is detained under this Division,
a member of the police force must not interview
15 or question the offender in relation to any offence
or alleged offence or in relation to any breach or
alleged breach of a condition of a supervision
order.
Division 4--Enforcement of offence
20 171 Powers of arrest
(1) A member of the police force may arrest an
offender if the member reasonably suspects that
the offender has breached one or more of the
conditions of a supervision order or an interim
25 supervision order.
(2) An offender who is arrested under this section
must as soon as practicable be remanded in
custody or released on bail in accordance with the
requirements of the Bail Act 1977.
30 (3) Any period that the offender was held under
Division 3 must be taken into account in
determining whether the offender should be
released on bail.
561196B.I-11/11/2009 111 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 11--Breach of Supervision Order
s. 172
172 Proceedings for offence
(1) Proceedings for an offence against section 160
may only be brought by the Secretary or a
member of the police force by the filing of a
5 charge-sheet.
(2) The person bringing the proceedings must give the
offender at least 14 days notice of his or her
intention to file a charge-sheet charging him or
her with an offence against section 160.
10 (3) The Secretary may dispense with the period of
notice required by subsection (2) if the Secretary
considers that a charge-sheet should be filed
without delay, having regard to the seriousness of
the alleged breach of the order.
15 (4) Despite anything to the contrary in the Criminal
Procedure Act 2009--
(a) on the filing of a charge-sheet referred to in
subsection (1), an application under section
12(1) of that Act for the issue of a summons
20 to answer to the charge or a warrant to arrest
may be made to the registrar at any venue of
the Magistrates' Court;
(b) a summons to answer to the charge issued on
an application referred to in paragraph (a)
25 must direct the accused to attend to answer
the charge at the court which made the
supervision order;
(c) a warrant to arrest issued on an application
referred to in paragraph (a) authorises the
30 person to whom it is directed to bring the
accused when arrested before a bail justice or
before the court which made the supervision
order to be dealt with according to law.
561196B.I-11/11/2009 112 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 11--Breach of Supervision Order
s. 172
(5) The Supreme Court or the County Court may, if it
made the supervision order or interim supervision
order, grant a summary hearing of an offence
against section 160.
5 (6) Subject to any rules of court, the practice and
procedure applicable in the Magistrates' Court to
the hearing of summary offences applies so far as
is appropriate to the hearing of the offence under
subsection (5).
10 (7) Subsections (5) and (6) apply despite anything to
the contrary in any Act or rule of law (other than
the Charter of Human Rights and
Responsibilities).
__________________
561196B.I-11/11/2009 113 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 12--Change of Name
s. 173
PART 12--CHANGE OF NAME
173 Application of Part
This Part applies despite anything to the contrary
in the Births, Deaths and Marriages
5 Registration Act 1996.
174 Definitions
In this Part--
change of name application means an application
by or on behalf of an offender for
10 registration of a change of the offender's
name;
offender means an offender who is subject to a
supervision order or an interim supervision
order;
15 Victorian Registrar means Registrar of Births,
Deaths and Marriages under the Births,
Deaths and Marriages Registration Act
1996.
175 Applications for change of name by or on behalf of
20 an offender
(1) In this section, Registrar means--
(a) the Victorian Registrar; or
(b) an authority responsible under a law of
another State or a Territory for the
25 registration of births, deaths and marriages.
(2) An offender must not make a change of name
application to a Registrar without having first
obtained the written approval of the Adult Parole
Board.
30 Penalty: 5 penalty units.
561196B.I-11/11/2009 114 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 12--Change of Name
s. 176
(3) A person must not make a change of name
application to a Registrar on behalf of an offender
unless the written approval of the Adult Parole
Board is first obtained.
5 Penalty: 5 penalty units.
176 Approval by Adult Parole Board
(1) Subject to subsection (2), the Adult Parole Board
may only approve a change of name application if
the Adult Parole Board is satisfied that the change
10 of name is in all the circumstances necessary or
reasonable.
(2) The Adult Parole Board must not approve a
change of name application if the Adult Parole
Board is satisfied that the change of name would,
15 if registered, be reasonably likely--
(a) to be regarded as offensive by a victim of
crime or an appreciable sector of the
community; or
(b) to be used to evade or hinder supervision of
20 the offender during the period of the
supervision order or interim supervision
order.
177 Approval to be notified in writing
If the Adult Parole Board approves a change of
25 name application, the Adult Parole Board must--
(a) as soon as practicable, give written notice of
the approval to the person who made the
application; and
(b) if the offender consents, give a copy of the
30 written notice of approval to the Victorian
Registrar.
561196B.I-11/11/2009 115 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 12--Change of Name
s. 178
178 Registration of change of name
(1) The Victorian Registrar must not register a change
of name under the Births, Deaths and Marriages
Registration Act 1996 if--
5 (a) the Victorian Registrar knows that--
(i) the application for the change of name
is made by or on behalf of an offender;
and
(ii) the change of name relates to the name
10 of the offender; and
(b) the Victorian Registrar has not received a
copy of the notice of approval of the Adult
Parole Board to the application under
section 177.
15 (2) If the Victorian Registrar does not register a
change of name because of the operation of
subsection (1), the Victorian Registrar must give
written notice of the application to the secretary of
the Adult Parole Board.
20 179 Registrar may correct Register
Without limiting section 43 of the Births, Deaths
and Marriages Registration Act 1996, the
Victorian Registrar may correct the Register under
that section if--
25 (a) the name of an offender on the Register was
changed because of a change of name
application; and
(b) the Adult Parole Board has not approved that
change of name application under
30 section 176.
561196B.I-11/11/2009 116 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 12--Change of Name
s. 180
180 Information-sharing between the Secretary and the
Victorian Registrar
Despite an order made under section 184 or any
other law to the contrary--
5 (a) the Secretary may notify the Victorian
Registrar of the name (including any other
name by which he or she is or has previously
been known), date of birth and residential
address or addresses of any offender; and
10 (b) if the Secretary has given notification under
paragraph (a) in respect of an offender, the
Secretary must notify the Victorian Registrar
as soon as practicable of the expiry of that
offender's supervision order, detention order
15 or interim order.
181 Notice to Secretary
The Adult Parole Board must give written notice
to the Secretary about any application for change
of name it receives and of any approval it gives
20 under this Part.
__________________
561196B.I-11/11/2009 117 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 13--Restriction and Sharing of Information
s. 182
PART 13--RESTRICTION AND SHARING OF
INFORMATION
Division 1--Suppression of publication
182 Offence to publish certain information
5 (1) A person must not publish or cause to be
published--
(a) any evidence given in a proceeding before a
court under this Act; or
(b) the content of any report or other document
10 put before the court in the proceeding; or
(c) any information that is submitted to the court
that might enable a person (other than the
offender) who has attended or given
evidence in the proceeding to be identified;
15 or
(d) any information that might enable a victim of
a relevant offence committed by the offender
to be identified--
unless the court authorises that publication under
20 section 183.
Penalty: 600 penalty units in the case of a body
corporate;
120 penalty units or imprisonment for
1 year or both in any other case.
25 (2) A member of the police force may publish the
identity and location of an offender--
(a) to the CrimTrac Agency established as an
Executive Agency by the Governor-General
by order under section 65 of the Public
30 Service Act 1999 of the Commonwealth, for
entry on the Australian National Child
Offender Register; and
561196B.I-11/11/2009 118 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 13--Restriction and Sharing of Information
s. 183
(b) in the course of law enforcement functions;
and
(c) in the execution of a warrant referred to in
section 172 or the arrest or apprehension of
5 an offender under section 171 or 172.
183 Publication order
(1) In any proceedings before a court under this Act,
the court, if satisfied that exceptional
circumstances exist, may make an order
10 authorising the publication of any material
referred to in section 182(1).
(2) Nothing in section 182 prevents the court from
publishing the reasons for a decision under this
section.
15 184 Restriction on identification of offender
(1) In any proceedings before a court under this Act,
the court, if satisfied that it is in the public interest
to do so, may order that any information that
might enable an offender or his or her
20 whereabouts to be identified must not be
published except in the manner and to the extent
(if any) specified in the order.
(2) An order under this section may be made on the
application of the offender or on the court's own
25 initiative.
185 Matters to which court must have regard
In making a decision under section 183 or 184, the
court must have regard to the following--
(a) whether the publication would endanger the
30 safety of any person;
(b) the interests of any victims of the offender;
(c) whether the publication would enhance or
compromise the purposes of this Act.
561196B.I-11/11/2009 119 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 13--Restriction and Sharing of Information
s. 186
186 Offence to publish information
A person must not publish or cause to be
published any material in contravention of an
order under this Division.
5 Penalty: 600 penalty units in the case of a body
corporate;
120 penalty units or imprisonment for
1 year or both in any other case.
Division 2--Recording and sharing of information
10 187 Record of eligible offenders
(1) The Secretary may establish and maintain records
of eligible offenders.
(2) Information in the record in respect of each
eligible offender may include information relating
15 to--
(a) the name and location of the offender;
(b) any unique identifying numbers allocated to
the offender in the criminal justice system;
(c) the sentence currently being served by the
20 offender and any previous offences and
sentences, and the ages of any victims of the
offender;
(d) any assessments provided to the Secretary as
to the offender's risk of re-offending.
25 188 Additional information to be obtained by Secretary
(1) The Secretary may request any information
(including medical information) kept in relation to
an offender from--
(a) the Governor of a prison;
30 (b) the Commissioner;
(c) the Director of Public Prosecutions;
561196B.I-11/11/2009 120 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 13--Restriction and Sharing of Information
s. 189
(d) a Regional Manager within the meaning of
the Corrections Act 1986;
(e) an officer within the meaning of Part 9 of the
Corrections Act 1986.
5 (2) The request must be made for one or more of the
following purposes--
(a) making the information available for use in
preparing--
(i) an assessment report in relation to the
10 offender; or
(ii) a progress report in relation to the
offender; or
(iii) any other report requested by a court in
relation to the offender for the purposes
15 of this Act;
(b) the carrying out of any of the Secretary's
functions or duties under this Act.
(3) The person to whom a request is made under
subsection (1) must provide the information to the
20 Secretary.
(4) The Secretary may make the information available
for the use of a person preparing a report in
accordance with subsection (2).
189 Sharing of information
25 (1) A relevant person may divulge or communicate to
another relevant person any information obtained
by the person if the person divulging or
communicating that information believes on
reasonable grounds that to do so is necessary to
30 enable the other relevant person to carry out
functions under this Act or a relevant Act,
including--
561196B.I-11/11/2009 121 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 13--Restriction and Sharing of Information
s. 189
(a) preparing assessment reports, progress
reports or any other reports or documents
required by this Act;
(b) making or responding to an application
5 under this Act;
(c) managing an offender under this Act.
(2) Section 182 does not apply to the disclosure of
information under this section.
(3) Nothing in this section limits or affects any
10 requirement imposed by any other provision of
this Act for the Secretary to notify the Adult
Parole Board of any matter.
(4) In this section--
relevant Act means--
15 (a) the Disability Act 2006; or
(b) the Housing Act 1983; or
(c) the Mental Health Act 1986; or
(d) the Sex Offenders Registration Act
2004; or
20 (e) the Working with Children Act 2005;
relevant person means--
(a) any member, or the secretary, of the
Adult Parole Board; or
(b) the Secretary; or
25 (c) any person employed in the
Department; or
(d) any person who deliver services on
behalf of the Department; or
(e) the Secretary to the Department of
30 Health; or
561196B.I-11/11/2009 122 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 13--Restriction and Sharing of Information
s. 190
(f) any person employed in the Department
of Health; or
(g) any person who delivers services on
behalf of the Department of Health; or
5 (h) the Secretary to the Department of
Human Services; or
(i) any person employed in the Department
of Human Services; or
(j) any person who delivers services on
10 behalf of the Department of Human
Services; or
(k) the Chief Commissioner of Police; or
(l) a member of the police force.
190 Guidelines for disclosure
15 (1) A relevant person must develop guidelines in
relation to the accessing of information under
section 189 that attempt to ensure that access to
the information is restricted to the greatest extent
that is possible without interfering with the
20 purpose of this Act or a relevant Act referred to in
section 189.
(2) In this section, relevant person means--
(a) the Chairperson of the Adult Parole Board;
or
25 (b) the Secretary; or
(c) the Secretary to the Department of Health; or
(d) the Secretary to the Department of Human
Services; or
(e) the Chief Commissioner of Police.
561196B.I-11/11/2009 123 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 13--Restriction and Sharing of Information
s. 191
191 Disclosure of information to responsible persons
(1) The Secretary may disclose any information
relating to an application under this Act in respect
of an offender to a responsible person.
5 (2) In this section, responsible person means a person
who is a guardian of the offender or otherwise
legally responsible for the care of the offender.
192 Sharing information with healthcare providers
(1) The Secretary may disclose to a person providing
10 health care to an offender any condition of a
supervision order that may be relevant to the
provision of health care.
(2) In this section, health care includes care
provided--
15 (a) by a public hospital, denominational hospital
multi-purpose service or registered
community health service within the
meaning of the Health Services Act 1988;
or
20 (b) by a rehabilitation centre; or
(c) by an aged care facility; or
(d) by a disability service within the meaning of
the Disability Act 2006; or
(e) by an approved mental health service within
25 the meaning of the Mental Health Act 1986.
__________________
561196B.I-11/11/2009 124 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 14--General
s. 193
PART 14--GENERAL
193 Service of documents
(1) A document required or permitted by or under this
Act to be served may be served--
5 (a) in the case of service on an offender, by
delivering it personally to the offender; or
(b) in the case of service on the Secretary, by
sending it by post addressed to the Secretary
at the principal office of the Department; or
10 (c) in the case of the Adult Parole Board, by
sending it by post to the secretary of the
Adult Parole Board; or
(d) in the case of the Director of Public
Prosecutions, by sending it by post addressed
15 to the Director.
(2) If it appears to the court to which an application
under Part 2, 3, 4 or 5 is made, by evidence on
oath or by affidavit, that personal service on the
offender cannot be, or is unlikely to be effected
20 promptly, the court may make an order for
substituted service.
(3) A document that is not required to be served
personally on an offender under this Act may be
given to the offender by posting the document to
25 the offender or by delivering it to the offender's
legal representative by post, document exchange,
facsimile transmission or, with the consent of the
recipient, email.
194 Costs
30 Except where the court considers exceptional
circumstances exist, the parties to any proceedings
on an application under this Act must each bear
their own costs.
561196B.I-11/11/2009 125 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 14--General
s. 195
195 Certificate of available resources
(1) The Secretary may prepare a certificate of
available resources in respect of an offender for
the purposes of this Act.
5 (2) The certificate of available services must--
(a) state whether or not there are facilities or
services available for the accommodation,
care, monitoring, rehabilitation or treatment
of the offender; and
10 (b) if there are, give an outline of those facilities
or services.
(3) If there are no facilities or services available, the
certificate may contain any other options the
Secretary considers it appropriate for the court to
15 consider in making the proposed order or in
refusing to make any order.
196 Delegation by Secretary
The Secretary may by instrument delegate to any
employee of the Department of Justice any of the
20 Secretary's powers and functions under this Act
other than this power of delegation.
197 Delegation by Commissioner
The Commissioner may by instrument delegate to
any employee of the Department of Justice any of
25 the Commissioner's powers and functions under
this Act other than this power of delegation.
198 Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
30 or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
561196B.I-11/11/2009 126 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 14--General
s. 199
199 Transitional provisions
Schedule 2 has effect.
__________________
561196B.I-11/11/2009 127 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 15--Repeal and Consequential Amendment of Other Acts
s. 200
PART 15--REPEAL AND CONSEQUENTIAL AMENDMENT
OF OTHER ACTS
Division 1--Repeal of Serious Sex Offenders Monitoring
Act 2005
5 See: 200 Repeal of Serious Sex Offenders Monitoring
Act No.
1/2005. Act 2005
Reprint No. 2
as at The Serious Sex Offenders Monitoring Act
3 June 2008
and
2005 is repealed.
amending
Act No.
5/2009.
LawToday:
www.
legislation.
vic.gov.au
Division 2--Amendments to Corrections Act 1986
10 201 Offender in legal custody of Secretary
See: (1) In section 6(d) of the Corrections Act 1986, for
Act No.
117/1986. "Victoria." substitute "Victoria; or".
Reprint No. 8
as at (2) After section 6(d) of the Corrections Act 1986
2 April 2009
and
insert--
amending
15 Act No. "(e) a detention order or interim detention order
55/2009. within the meaning of the Serious Sex
LawToday:
www. Offenders (Detention and Supervision)
legislation. Act 2009.".
vic.gov.au
(3) At the end of section 6A of the Corrections Act
20 1986 insert--
"(4) A person in respect of whom a detention
order or an interim detention order within the
meaning of the Serious Sex Offenders
(Detention and Supervision) Act 2009 has
25 been made is deemed to be in the legal
custody of the Secretary following the
561196B.I-11/11/2009 128 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 15--Repeal and Consequential Amendment of Other Acts
s. 202
occurrence of either event set out in
subsection (1)(b).".
(4) In section 6B(1)(a) of the Corrections Act 1986
after "custody" insert "under a detention order or
5 an interim detention order under the Serious Sex
Offenders (Detention and Supervision) Act
2009 or".
202 Information for victims
(1) In section 30A(1) of the Corrections Act 1986--
10 (a) insert the following definitions--
"detention order means a detention order
within the meaning of the Serious Sex
Offenders (Detention and
Supervision) Act 2009 or an interim
15 detention order under that Act;
supervision order means a supervision order
within the meaning of the Serious Sex
Offenders (Detention and
Supervision) Act 2009 or an interim
20 supervision order under that Act;".
(b) in the definition of relevant offence, for
"Serious Sex Offenders Monitoring Act
2005" substitute "Serious Sex Offenders
(Detention and Supervision) Act 2009";
25 (c) in the definition of victim, in paragraph
(d)(i), after "an extended supervision order"
(wherever occurring) insert ", a supervision
order or a detention order".
(2) In section 30A(2AA) of the Corrections Act
30 1986--
(a) after "an extended supervision order"
(wherever occurring) insert ", a supervision
order or a detention order"; and
(b) in paragraph (b) omit "or renewed";
561196B.I-11/11/2009 129 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 15--Repeal and Consequential Amendment of Other Acts
s. 203
(c) after paragraph (b) insert--
"(ba) if a supervision order or detention order
is made or renewed--
(i) the date on which it commences,
5 the period of the order and any
instructions or directions, or any
variation of the instructions or
directions, given to the offender
by the Adult Parole Board under
10 section 119, 120(2) or 121 the
Serious Sex Offenders
(Detention and Supervision) Act
2009;
(ii) details of any changes affecting
15 the operation of the order;";
(d) in paragraph (c), after "supervision order"
insert ", supervision order or detention
order".
(3) After section 30A(2AB) of the Corrections Act
20 1986 insert--
"(2AC) Subsection (2AA) applies--
(a) despite an order made under
section 183 of the Serious Sex
Offenders (Detention and
25 Supervision) Act 2009; and
(b) despite sections 182 and 188 of the
Serious Sex Offenders (Detention and
Supervision) Act 2009.".
203 Inclusion on victims register
30 (1) In section 30C(3) of the Corrections Act 1986,
after "an extended supervision order" (wherever
occurring) insert ", a supervision order or a
detention order".
561196B.I-11/11/2009 130 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 15--Repeal and Consequential Amendment of Other Acts
s. 204
(2) In section 30C(4) of the Corrections Act 1986,
after "relevant extended supervision order" insert
", supervision order or detention order".
204 Release of information to family members
5 In section 30G(b) of the Corrections Act 1986,
after "an extended supervision order" (wherever
occurring) insert ", a supervision order or
detention order".
205 Membership of Adult Parole Board
10 For section 61(2)(d) of the Corrections Act 1986
substitute--
"(d) one or more persons appointed by the
Governor in Council as full-time members;
and".
15 206 Divisions of Adult Parole Board
(1) In section 64(2) of the Corrections Act 1986 for
"A division" substitute "Subject to section 64A, a
division".
(2) In section 64(3) of the Corrections Act 1986 for
20 "The chairperson" substitute "Subject to
section 64A, the chairperson".
207 New section 64A inserted
After section 64 of the Corrections Act 1986
insert--
25 "64A Detention and Supervision Order division
(1) There is to be a Detention and Supervision
Order division (DSO division) of the Adult
Parole Board.
(2) The chairperson may determine a number of
30 members of the Board (the DSO panel) who
are eligible to sit as members of the DSO
division.
561196B.I-11/11/2009 131 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 15--Repeal and Consequential Amendment of Other Acts
s. 208
(3) The Secretary is not eligible to sit as a
member of the DSO division.
(4) The chairperson may select 3 members of the
DSO panel to constitute the DSO division
5 from time to time.
(5) At least one of the members of the DSO
division must be a Judge, retired Judge,
Magistrate or retired Magistrate.
(6) The chairperson may select a member of the
10 DSO division to be the chairperson or acting
chairperson of the division.
(7) The chairperson or acting chairperson of the
DSO division may determine the times and
places that the division is to meet.
15 (8) A question is not to be decided at a meeting
of the DSO division unless the chairperson,
or acting chairperson, and 2 other members
of the division are present.
Note
20 Section 6 of the Serious Sex Offenders (Detention and
Supervision) Act 2009 provides that the DSO division is to
exercise the powers and carry out the functions of the Adult
Parole Board under that Act.".
208 Meetings of Adult Parole Board
25 (1) In section 66(1) of the Corrections Act 1986 for
"The Board" substitute "Subject to section 64A,
the Board".
(2) In section 66(5) of the Corrections Act 1986 for
"A question" substitute "Subject to section 64A, a
30 question".
561196B.I-11/11/2009 132 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 15--Repeal and Consequential Amendment of Other Acts
s. 209
209 Functions of Board
After section 69(1)(ab) of the Corrections Act
1986 insert--
"(ac) the Serious Sex Offenders (Detention and
5 Supervision) Act 2009; and".
210 Secretary to provide assistance to Board
At the end of section 70 of the Corrections Act
1986 insert--
"(2) Without limiting subsection (1), the
10 Secretary must provide such employees of
the Department of Justice and such other
assistance to the Board as is necessary to
assist the Board in carrying out its functions
under the Serious Sex Offenders (Detention
15 and Supervision) Act 2009.".
211 Reports
(1) After section 72(1)(be) of the Corrections Act
1986 insert--
"(bf) the operation of the Serious Sex Offenders
20 (Detention and Supervision) Act 2009
during that period, including--
(i) details of the number of persons in
respect of whom a detention order or
interim detention order was made
25 during that period; and
(ii) details of the number of persons in
respect of whom a supervision order or
interim supervision order was made
during that period; and
30 (iii) details of the number of persons
directed during that period to reside in a
residential facility; and
561196B.I-11/11/2009 133 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 15--Repeal and Consequential Amendment of Other Acts
s. 211
(iv) details of the number of persons in
respect of whom an emergency power
was exercised under Part 10 of that Act
during that period; and
5 (v) details of the number of offenders who
were required to comply with electronic
monitoring under a supervision order or
an interim supervision order; and
(vi) details of any breaches of conditions of
10 a supervision order or interim
supervision order by offenders and the
actions taken by the Adult Parole Board
in respect of those breaches; and
(vii) details of the number of detention
15 orders or supervision orders completed
during the period; and
(viii) the activities of the Adult Parole Board
during that period; and".
(2) After section 72(4) of the Corrections Act 1986
20 insert--
"(4A) When required by the Minister, the Board
must give to the Minister a report and
recommendations concerning a person who
at the time of the report--
25 (a) is serving a sentence of imprisonment;
or
(b) is the subject of a detention order or
interim detention order or supervision
order or interim supervision order
30 under the Serious Sex Offenders
(Detention and Supervision) Act
2009.".
561196B.I-11/11/2009 134 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 15--Repeal and Consequential Amendment of Other Acts
s. 212
(3) In section 72(5) of the Corrections Act 1986 after
"Serious Sex Offenders Monitoring Act 2005"
insert "or the Serious Sex Offenders (Detention
and Supervision) Act 2009".
5 212 Officers subject to Board's directions
After section 73(2) of the Corrections Act 1986
insert--
"(3) The employees provided under section 70 to
assist the Adult Parole Board in carrying out
10 functions under the Serious Sex Offenders
(Detention and Supervision) Act 2009 are
subject to the directions of the Board in
carrying out those functions.".
213 Secretary may direct offender to work
15 For section 84H(1) of the Corrections Act 1986
substitute--
"(1) The Secretary may direct any prisoner or
offender other than--
(a) a prisoner on remand; or
20 (b) a prisoner who is a person in respect of
whom a detention order or an interim
detention order within the meaning of
the Serious Sex Offenders (Detention
and Supervision) Act 2009 has been
25 made--
to work in any prison industry or work
program approved by the Secretary.".
561196B.I-11/11/2009 135 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 15--Repeal and Consequential Amendment of Other Acts
s. 214
214 Definitions
In section 104E of the Corrections Act 1986, for
the definition of monitored person substitute--
"monitored person means a person who is subject
5 to--
(a) an extended supervision order or
interim extended supervision order
under the Serious Sex Offenders
Monitoring Act 2005; or
10 (b) a supervision order or interim
supervision order under the Serious
Sex Offenders (Detention and
Supervision) Act 2009;".
215 Substitution of section 104F
15 For section 104F of the Corrections Act 1986
substitute--
"104F Application of this Division
(1) This Division applies if a relevant person or
body instructs or directs a monitored person
20 to attend a community corrections centre for
the purposes of that Act.
(2) In this section, relevant person or body
means--
(a) in the case of a person who is subject to
25 an extended supervision order or
interim extended supervision order
under the Serious Sex Offenders
Monitoring Act 2005, the Secretary,
acting under section 16(1) of the
30 Serious Sex Offenders Monitoring
Act 2005; or
(b) in the case of a person who is subject to
a supervision order or interim
supervision order under the Serious
561196B.I-11/11/2009 136 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 15--Repeal and Consequential Amendment of Other Acts
s. 216
Sex Offenders (Detention and
Supervision) Act 2009, the Adult
Parole Board, acting under a condition
of that order imposed under section
5 16(2)(b) of the Serious Sex Offenders
(Detention and Supervision) Act
2009.".
216 Photographing
For section 104K(3) of the Corrections Act 1986
10 substitute--
"(3) Any direction given under subsection (2) is
deemed to be--
(a) in the case of a person who is subject to
an extended supervision order or
15 interim extended supervision order
under the Serious Sex Offenders
Monitoring Act 2005, a lawful
direction of the Secretary under section
16(1) of that Act for the purposes of
20 section 15(3) of that Act; or
(b) in the case of a person who is subject to
a supervision order or interim
supervision order under the Serious
Sex Offenders (Detention and
25 Supervision) Act 2009, a lawful
direction of the Adult Parole Board
given under section 119 of that Act.".
217 Substitution of section 104L
For section 104L of the Corrections Act 1986
30 substitute--
"104L Application of this Division
(1) This Division applies if a relevant person or
body instructs or directs a monitored person
to receive visits from an officer for the
35 purposes of that Act.
561196B.I-11/11/2009 137 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Part 15--Repeal and Consequential Amendment of Other Acts
s. 218
(2) In this section, relevant person or body
means--
(a) in the case of a person who is subject to
an extended supervision order or
5 interim extended supervision order
under the Serious Sex Offenders
Monitoring Act 2005, the Secretary,
acting under section 16(1) of the
Serious Sex Offenders Monitoring
10 Act 2005; or
(b) in the case of a person who is subject to
a supervision order or interim
supervision order under the Serious
Sex Offenders (Detention and
15 Supervision) Act 2009, the Adult
Parole Board, acting under a condition
imposed under section 16(2)(d) of the
Serious Sex Offenders (Detention and
Supervision) Act 2009.".
20 218 Regional Manager to ensure that officers have
access to certain information
(1) In section 104N(1) of the Corrections Act 1986,
after "this Act" insert ", the Serious Sex
Offenders (Detention and Supervision) Act
25 2009".
(2) In section 104N(2) of the Corrections Act 1986,
after "the regulations" insert ", the Serious Sex
Offenders (Detention and Supervision) Act
2009".
30 Division 3--Amendment of other Acts
219 Consequential amendments
On the coming into operation of an item in
Schedule 3, the Act specified in the heading to
that item is amended as set out in that item.
__________________
561196B.I-11/11/2009 138 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 1
SCHEDULES
SCHEDULE 1
Section 3
RELEVANT OFFENCES
5 1 An offence against the Crimes Act 1958 that involves
sexual penetration (within the meaning given by section
35(1) of the Crimes Act 1958).
Note
Item 1 covers any offence against the Crimes Act 1958 that involves
10 sexual penetration including rape (section 38), incest (section 44),
sexual penetration of child under 16 (section 45(1)), sexual penetration
of 16 or 17 year old (section 48(1)), sexual penetration of person with
a cognitive impairment by providers of medical or therapeutic services
(section 51(1)) and sexual penetration of person with a cognitive
15 impairment by providers of special programs (section 52(1)).
2 An offence against section 38A of the Crimes Act 1958
(compelling sexual penetration).
3 An offence against section 47A of the Crimes Act 1958
(persistent sexual abuse of child under the age of 16).
20 4 An offence against section 49A of the Crimes Act 1958
(facilitating sexual offences against children).
5 An offence against section 39 of the Crimes Act 1958
(indecent assault).
6 An offence against section 40(1) of the Crimes Act 1958
25 (assault with intent to rape).
7 An offence against section 47(1) of the Crimes Act 1958
(indecent act with child under the age of 16).
8 An offence against section 49(1) of the Crimes Act 1958
(indecent act with 16 or 17 year old child).
30 9 An offence against section 51(2) of the Crimes Act 1958
(indecent act with person with a cognitive impairment by
providers of medical or therapeutic services).
561196B.I-11/11/2009 139 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 1
10 An offence against section 52(2) of the Crimes Act 1958
(indecent act with person with a cognitive impairment by
providers of special programs).
11 An offence against section 53 of the Crimes Act 1958
5 (administration of drugs etc.).
12 An offence against section 54 of the Crimes Act 1958
(occupier etc. permitting unlawful sexual penetration).
13 An offence against section 55 of the Crimes Act 1958
(abduction or detention).
10 14 An offence against section 56 of the Crimes Act 1958
(abduction of child under the age of 16).
15 An offence against section 57 of the Crimes Act 1958
(procuring sexual penetration by threats or fraud).
16 An offence against section 58 of the Crimes Act 1958
15 (procuring sexual penetration of a child).
17 An offence against section 59 of the Crimes Act 1958
(bestiality).
18 An offence against section 60AB of the Crimes Act 1958
(sexual servitude).
20 19 An offence against section 60AC of the Crimes Act 1958
(aggravated sexual servitude).
20 An offence against section 60AD of the Crimes Act 1958
(deceptive recruiting for commercial sexual services).
21 An offence against section 60AE of the Crimes Act 1958
25 (aggravated deceptive recruiting for commercial sexual
services).
22 An offence against section 60B(2) of the Crimes Act 1958
(loitering near schools etc.).
23 An offence against section 68(1) of the Crimes Act 1958
30 (production of child pornography).
24 An offence against section 69 of the Crimes Act 1958
(procurement of minor for child pornography).
561196B.I-11/11/2009 140 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 1
25 An offence against section 70(1) of the Crimes Act 1958
(possession of child pornography).
26 An offence against section 70AC of the Crimes Act 1958
(sexual performance involving a minor).
5 27 An offence against section 76 of the Crimes Act 1958
(burglary) in circumstances where the offender entered the
building or part of the building as a trespasser with intent
to commit a sexual or indecent assault.
28 An offence against section 77 of the Crimes Act 1958
10 (aggravated burglary) in circumstances where the offender
entered the building or part of the building as a trespasser
with intent to commit a sexual or indecent assault.
29 An offence against section 5(1) of the Prostitution
Control Act 1994 (causing or inducing a child to take part
15 in prostitution).
30 An offence against section 6(1) of the Prostitution
Control Act 1994 (obtaining payment for sexual services
provided by a child).
31 An offence against section 7(1) of the Prostitution
20 Control Act 1994 (agreement for provision of sexual
services by a child).
32 An offence against section 11(1) of the Prostitution
Control Act 1994 (allowing child to take part in
prostitution).
25 33 An offence against section 57A of the Classification
(Publications, Films and Computer Games)
(Enforcement) Act 1995 (publication or transmission of
child pornography).
34 An offence against a provision of an Act amended or
30 repealed before the commencement of this Act of which
the necessary elements at the time it was committed
consisted of elements that constitute any of the offences
referred to in items 1 to 33.
561196B.I-11/11/2009 141 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 1
35 Without limiting item 34, an offence referred to in
paragraph (ab), (ac), (b), (c), (d) or (e) of clause 1 of
Schedule 1 to the Sentencing Act 1991.
36 An offence against section 50BA, 50BB, 50DA or 50DB
5 of the Crimes Act 1914 of the Commonwealth (offences
involving sexual intercourse outside Australia with child
under the age of 16).
37 An offence against section 50BC or 50BD of the Crimes
Act 1914 of the Commonwealth.
10 38 An offence against section 270.6 or 270.7 of the Criminal
Code of the Commonwealth.
39 An offence against section 271.4 (trafficking in children)
or section 271.7 (domestic trafficking in children) of the
Criminal Code of the Commonwealth in circumstances
15 where the purpose of the exploitation is to provide sexual
services within the meaning of that section.
40 An offence against any of the following sections of the
Criminal Code of the Commonwealth--
(i) section 474.19(1) (using a carriage service for child
20 pornography material);
(ii) section 474.20(1) (possessing, controlling,
producing, supplying or obtaining child pornography
material for use through a carriage service);
(iii) section 474.22(1) (using a carriage service for child
25 abuse material);
(iv) section 474.23(1) (possessing, controlling,
producing, supplying or obtaining child abuse
material through a carriage service);
(v) section 474.26 (using a carriage service to procure
30 persons under 16 years of age);
(vi) section 474.27 (using a carriage service to "groom"
persons under 16 years of age).
561196B.I-11/11/2009 142 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 1
41 An offence against section 233BAB of the Customs Act
1901 of the Commonwealth involving items of child
pornography or of child abuse material.
42 An offence that, at the time it was committed, was an
5 offence listed in this Schedule.
43 An offence an element of which is an intention to commit
an offence of a kind listed in this Schedule.
44 An offence of attempting, or of conspiracy or incitement,
to commit an offence of a kind listed in this Schedule.
10 45 Any other offence, whether committed in Victoria or
elsewhere, the necessary elements of which consist of
elements that constitute an offence of a kind listed in this
Schedule.
__________________
561196B.I-11/11/2009 143 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 2
SCHEDULE 2
Section 199
TRANSITIONAL PROVISIONS
1 Definitions
5 In this Schedule--
commencement day means the day on which this
Act comes into operation;
extended supervision order has the same meaning
as it had in the old Act;
10 interim extended supervision order has the same
meaning as it had in the old Act;
old Act means Serious Sex Offenders
Monitoring Act 2005;
new Act means Serious Sex Offenders
15 (Detention and Supervision) Act 2009.
2 Interpretation of Legislation Act 1984 not affected
This Schedule does not affect or take away from
the Interpretation of Legislation Act 1984.
3 Old Act to continue in relation to orders under old
20 Act
Despite the repeal of the old Act and subject to
this Schedule, the old Act and any regulations
under the old Act continue to apply in relation to
an extended supervision order (including a
25 suspended order) or interim extended supervision
order existing immediately before the
commencement day until--
(a) the order is revoked; or
(b) a decision to make the order is quashed or set
30 aside under section 39(1)(d) of the old Act;
or
561196B.I-11/11/2009 144 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 2
(c) a supervision order or detention order is
made in respect of the offender under the
new Act.
4 Review of extended supervision order
5 (1) Part 5 of the new Act applies to the review of an
extended supervision order as if it were a
supervision order under the new Act.
(2) On a review of an extended supervision order
under Part 5, if the court determines to confirm
10 the extended supervision order, the court must
make a supervision order under the new Act in
respect of the offender.
(3) An application for review of an extended
supervision order that has been suspended under
15 the old Act may be made by the Secretary at any
time during the period of the suspension.
(4) In this section extended supervision order
includes an extended supervision order that has
been suspended under the old Act.
20 5 Renewal of extended supervision order
Division 5 of Part 2 of the new Act applies to the
renewal of an extended supervision order as if it
were a supervision order and the court may make
a renewed supervision order under that Division in
25 respect of that order.
6 Appeals
(1) If, after the commencement day, the Court of
Appeal remits a matter to the court under section
39(1)(d) of the old Act, the court must consider
30 the matter as if it were an application by the
Secretary for a supervision order under the new
Act.
(2) If the Secretary considers that an application
should be made for a detention order in respect of
35 the offender, the Secretary may--
561196B.I-11/11/2009 145 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 2
(a) ask the court to stay the hearing of the
application; and
(b) refer the matter to the Director of Public
Prosecutions for consideration under Part 8.
5 (3) If the Director of Public Prosecutions determines
not to apply for a detention order, the Secretary
may ask the court to proceed with the matter as an
application for a supervision order under the new
Act.
10 (4) On the remittal of a matter under section 39(1)(d)
of the old Act after the commencement day, the
offender is taken to be an eligible offender for the
purpose of any application for a supervision order
or a detention order under the new Act.
15 7 Application for an order
Anything done in respect of an application for an
extended supervision order or interim extended
supervision order in respect of an offender under
the old Act that was made but not concluded
20 before the commencement day, is taken to have
been done (as far as applicable) for the purposes
of the first application for a supervision order in
respect of the offender under the new Act.
8 Eligible offender
25 Section 4 of the new Act applies as if--
(a) a reference to a supervision order includes a
reference to an extended supervision order;
and
(b) a reference to an interim order includes a
30 reference to an interim extended supervision
order.
561196B.I-11/11/2009 146 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 2
9 Victims submissions
(1) This clause applies if a supervision order is made
under the new Act in respect of an offender who
was subject to an extended supervision order or
5 interim extended supervision order immediately
before the commencement day.
(2) A victim submission made under section 16A of
the old Act in respect of an offender is taken to be
a victim submission made under section 129 of
10 the new Act in respect of the offender.
10 Change of name
(1) The old Act does not apply to an application for a
change of name by an offender that was made but
not approved under that Act before the
15 commencement day.
(2) An offender who is subject to an extended
supervision order or interim extended supervision
order may apply under Part 12 of the new Act for
a change of name as if the offender were subject
20 to a supervision order under the new Act.
11 Management of offenders
(1) This clause applies if an offender who is subject to
an extended supervision order or an interim
extended supervision order resides at a facility
25 which is a residential facility within the meaning
of the new Act.
(2) Sections 137 and 143 to 145 of the new Act apply
as if the offender were residing at the residential
facility under a supervision order or interim
30 supervision order.
12 Information sharing
Sections 189 and 190 of the new Act apply in
respect of anything done in respect of the old Act
after the commencement day as if a reference to
35 this Act included a reference to the old Act.
561196B.I-11/11/2009 147 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 2
13 Transitional regulations
The Governor in Council may make regulations
containing provisions of a savings or transitional
nature consequent on the enactment of the new
5 Act.
__________________
561196B.I-11/11/2009 148 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 3
SCHEDULE 3
Section 219
CONSEQUENTIAL AMENDMENTS
1 Disability Act 2006
5 1.1 In section 152(2)(e) for "2005." substitute
"2005;".
1.2 After section 152(2)(e) insert--
"(f) a supervision order or interim supervision
order within the meaning of the Serious Sex
10 Offenders (Detention and Supervision)
Act 2009".
1.3 In section 152(3)--
(a) for "or (2)(e)" substitute ", (2)(e) or (2)(f)";
and
15 (b) for "Adult Parole Board" substitute
"relevant person or body".
1.4 After section 152(3) insert--
"(4) In subsection (3), relevant person or body
means--
20 (a) in the case of an order specified in
subsection (2)(b) or (2)(e)--the Adult
Parole Board; and
(b) in the case of an order specified in
subsection (2)(f)--the Secretary to the
25 Department of Justice.".
1.5 In section 153(1) for "or 152(2)(e)" substitute
", 152(2)(e) or 152(2)(f)".
1.6 In section 154(1) for "or 152(2)(e)" substitute
", 152(2)(e) or 152(2)(f)".
561196B.I-11/11/2009 149 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 3
1.7 In section 154(5) for "or 152(2)(e)" substitute
", 152(2)(e) or 152(2)(f)".
1.8 In section 155(5) for "or 152(2)(e)" substitute
", 152(2)(e) or 152(2)(f)".
5 1.9 In section 156(1) for "or 152(2)(e)" substitute
", 152(2)(e) or 152(2)(f)".
1.10 In section 157(1) for "or 152(2)(e)" substitute
", 152(2)(e) or 152(2)(f)".
2 Sentencing Act 1991
10 2.1 Section 5(2BA)(b) is repealed.
2.2 After section 5(2BC) insert--
"(2BD) In sentencing an offender, a court--
(a) must not have regard to the fact that the
offender is subject to an order made
15 under the Serious Sex Offenders
(Detention and Supervision) Act 2009
but, if relevant to the conditions of any
sentence imposed by it, may have
regard to the conditions (if any)
20 imposed on that order and the terms of
any current directions or instructions
given by the Adult Parole Board under
section 119, 120(2) or 121 of that Act;
(b) must not have regard to any possibility
25 or likelihood of an application being
made under that Act for an order in
respect of the offender.
(2BE) For the purposes of subsection (2BD)(a), the
court may request the Secretary to the
30 Department of Justice to provide it with a
report setting out--
561196B.I-11/11/2009 150 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 3
(a) the conditions of the supervision order
or interim supervision order to which
the offender is subject under that Act;
and
5 (b) the terms of any current directions or
instructions given by the Adult Parole
Board under section 119, 120(2) or 121
of that Act in relation to that order.".
3 Sex Offenders Registration Act 2004
10 For section 70J substitute--
"70J Registrable offender who is also subject to
a supervision or detention order or
extended supervision order
(1) This section applies to a registrable offender
15 who is also subject to--
(a) a supervision order, detention order or
interim order within the meaning of the
Serious Sex Offenders (Detention and
Supervision) Act 2009; or
20 (b) an extended supervision order or
interim extended supervision order
within the meaning of the Serious Sex
Offenders Monitoring Act 2005; or
(2) Despite this Part, an application by or on
25 behalf of a registrable offender to whom this
section applies for registration of a change of
the offender's name must be made under and
in accordance with the Serious Sex
Offenders (Detention and Supervision)
30 Act 2009.".
561196B.I-11/11/2009 151 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 3
4 Surveillance Devices Act 1999
After section 8(2)(a) insert--
"(aa) the installation, use or maintenance of a
tracking device in accordance with a
5 detention order or supervision order or an
interim order under the Serious Sex
Offenders (Detention and Supervision)
Act 2009; or".
5 Transport Act 1983
10 In section 86(1), in the definition of category 2
offence, after paragraph (ci) insert--
"(cia) an offence against the Serious Sex
Offenders (Detention and Supervision)
Act 2009 (other than section 182 or 186);
15 or".
6 Victims' Charter Act 2006
6.1 In section 3(1) insert the following definitions--
"detention order means a detention order within
the meaning of the Serious Sex Offenders
20 (Detention and Supervision) Act 2009 or
an interim detention order under that Act;
supervision order means a supervision order
within the meaning of the Serious Sex
Offenders (Detention and Supervision)
25 Act 2009 or an interim supervision order
under that Act;".
6.2 In section 17(2), after "an extended supervision
order" insert ", a supervision order or a detention
order".
30 6.3 In section 17(4), after "an extended supervision
order" insert ", a supervision order or a detention
order".
561196B.I-11/11/2009 152 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 3
6.4 In the Note at the foot of section 17(4) after
"2005" insert "or sections 129 and 130 of the
Serious Sex Offenders (Detention and
Supervision) Act 2009".
5 7 Working with Children Act 2005
7.1 In section 3(1)--
(a) in the definition of relevant offence, after
paragraph (e) insert--
"(ea) against the Serious Sex Offenders
10 (Detention and Supervision) Act 2009
(other than section 182 or 186); or";
and
(b) insert the following definitions--
"detention order means a detention order
15 within the meaning of the Serious Sex
Offenders (Detention and
Supervision) Act 2009 or an interim
detention order under that Act;
supervision order means a supervision order
20 within the meaning of the Serious Sex
Offenders (Detention and
Supervision) Act 2009 or an interim
supervision order under that Act;".
7.2 After section 12(1)(b) insert--
25 "(ba) who is subject to a supervision order or a
detention order; or".
7.3 In section 13(1)(e), after "(other than section
42(3))" (wherever occurring) insert "or against
the Serious Sex Offenders (Detention and
30 Supervision) Act 2009 (other than section 182
or 186)".
7.4 After section 20(2)(d) insert--
"(da) the person becoming subject to a supervision
order or a detention order; or".
561196B.I-11/11/2009 153 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Sch. 3
7.5 After section 25(2)(d) insert--
"(da) the person being no longer subject to a
supervision order or detention order; or".
7.6 In section 33(2)(a)(ii), after "2005" insert "or a
5 supervision order or a detention order".
7.7 In section 33(2)(b)(ii) after "2005" insert "or a
supervision order or a detention order".
561196B.I-11/11/2009 154 BILL LA INTRODUCTION 11/11/2009
Serious Sex Offenders (Detention and Supervision) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561196B.I-11/11/2009 155 BILL LA INTRODUCTION 11/11/2009
[Index] [Search] [Download] [Related Items] [Help]