Supreme Court (Chapter VI Amendment No. 5) Rules 2010

i Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 PART 2—AMENDMENTS RELATING TO THE SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) ACT 2009 2 5 Order 12 substituted 2 ORDER 12—SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) RULES 2 12.01 Definition 2 12.02 Application of Order 2 12.03 Forms of application for supervision order and renewal of supervision order 2 12.04 Form of supervision order 2 12.05 Forms of application for detention order and renewal of detention order 3 12.06 Form of detention order 3 12.07 Forms of application for interim supervision order and extension of interim supervision order 3 12.08 Forms of application for interim detention order and extension of interim detention order 3 12.09 Forms of interim order and order extending interim order 3 12.10 Application for review of orders 4 12.11 Applications for leave to review orders 4 12.12 Review of conditions of supervision order or interim supervision order 5 12.13 Order for a person to attend for examination 5 12.14 Forms of notice of appeal 5 -- 1 of 61 -- Rule Page ii 12.15 Notice of intention to dispute reports under section 113 of the Act 6 12.16 Filing of documents 6 6 Order 12 Forms substituted 7 Form 6–12A—Application for Supervision Order 7 Form 6–12B—Application for Renewal of Supervision Order 9 Form 6–12C—Supervision Order 11 Form 6–12D—Application for Detention Order 13 Form 6–12E—Application for Renewal of Detention Order 15 Form 6–12F—Detention Order 17 Form 6–12G—Application for Interim Supervision Order 19 Form 6–12H—Application for Extension of Interim Supervision Order 21 Form 6–12I—Application for Interim Detention Order 23 Form 6–12J—Application for Extension of Interim Detention Order 25 Form 6–12K—Interim Supervision Order 27 Form 6–12L—Order Extending Interim Supervision Order 29 Form 6–12M—Interim Detention Order 30 Form 6–12N—Order Extending Interim Detention Order 31 Form 6–12O—Application by Secretary for Review of Supervision Order 32 Form 6–12P—Application By DPP for Review of Detention Order 33 Form 6–12Q—Application for Leave to Apply for Review of Supervision Order 34 Form 6–12R—Application for Leave To Apply For Review of Detention Order 36 Form 6–12S—Application for Leave to Apply for Review of Conditions of Supervision Order or Interim Supervision Order 38 Form 6–12T—Order to Attend for Examination 40 Form 6–12U—Notice of Appeal by Offender 41 Form 6–12V—Notice of Appeal by Secretary to the Department of Justice 44 -- 2 of 61 -- Rule Page iii Form 6–12W—Notice of Appeal by Director of Public Prosecutions 46 Form 6–12X—Notice of Appeal Relating to Publication of Information 48 Form 6–12Y—Notice of Intention to Dispute Assessment Report, Progress Report or Other Report to Court 49 PART 3—AMENDMENTS RELATING TO THE SEX OFFENDERS REGISTRATION ACT 2004 ARISING FROM THE JUSTICE LEGISLATION FURTHER AMENDMENT ACT 2009 51 7 New Order 12A inserted 51 ORDER 12A—SEX OFFENDERS REGISTRATION RULES 51 12A.01 Definition 51 12A.02 Forms of application for exemption from reporting requirements 51 12A.03 Forms of application by Chief Commissioner of Police 51 12A.04 Filing of documents 52 8 New Forms 6–12AA to 6–12AD 52 Form 6–12AA—Application for Suspension of Registrable Offender's Reporting Obligations 52 Form 6–12AB—Application For New Order Suspending Registrable Offender's Reporting Obligations 54 Form 6–12AC—Application by Chief Commissioner of Police for Suspension of Registrable Offender's Reporting Obligations 55 Form 6–12AD—Application bY Chief Commissioner of Police for Revocation of Order Suspending Registrable Offender's Reporting Obligations 56 ═══════════════ ENDNOTES 58 -- 3 of 61 -- 1 STATUTORY RULES 2010 S.R. No. 54/2010 Supreme Court Act 1986 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 The Judges of the Supreme Court make the following Rules: PART 1—PRELIMINARY 1 Object The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court as a consequence of— (a) the enactment of the Serious Sex Offenders (Detention and Supervision) Act 2009; and (b) the amendment of the Sex Offenders Registration Act 2004 by the Justice Legislation Further Amendment Act 2009. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3 Commencement These Rules come into operation on 1 July 2010. 4 Principal Rules In these Rules, the Supreme Court (Criminal Procedure) Rules 2008 1 are called the Principal Rules. __________________ -- 4 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 2 PART 2—AMENDMENTS RELATING TO THE SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) ACT 2009 5 Order 12 substituted For Order 12 of the Principal Rules substitute— "ORDER 12—SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) RULES 12.01 Definition In this Order, the Act means the Serious Sex Offenders (Detention and Supervision) Act 2009. 12.02 Application of Order This Order applies to— (a) a proceeding in the Court under Part 2, 3, 4 or 5 of the Act; and (b) appeals under Part 7 of the Act. Note See also Part 6 of the Act for procedure in respect of applications. 12.03 Forms of application for supervision order and renewal of supervision order (1) An application to the Court under section 7 of the Act for a supervision order may be in Form 6–12A. (2) An application to the Court under section 28 of the Act for renewal of a supervision order may be in Form 6–12B. 12.04 Form of supervision order A supervision order may be in Form 6–12C. r. 5 -- 5 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 3 12.05 Forms of application for detention order and renewal of detention order (1) An application to the Court under section 33 of the Act for a detention order may be in Form 6–12D. (2) An application to the Court under section 45 of the Act for renewal of a detention order may be in Form 6–12E. 12.06 Form of detention order A detention order may be in Form 6–12F. 12.07 Forms of application for interim supervision order and extension of interim supervision order (1) An application to the Court by the Secretary under section 50 of the Act for an interim supervision order may be in Form 6–12G. (2) An application to the Court under section 63(1) of the Act for extension of an interim supervision order may be in Form 6–12H. 12.08 Forms of application for interim detention order and extension of interim detention order (1) An application to the Court by the Director of Public Prosecutions under section 51 of the Act for an interim detention order may be in Form 6–12I. (2) An application to the Court by the Director of Public Prosecutions under section 63(2) of the Act for extension of an interim detention order may be in Form 6–12J. 12.09 Forms of interim order and order extending interim order (1) An interim supervision order may be in Form 6–12K. r. 5 -- 6 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 4 (2) An order under section 64 of the Act extending an interim supervision order may be in Form 6–12L. (3) An interim detention order may be in Form 6–12M. (4) An order under section 64 of the Act extending an interim detention order may be in Form 6–12N. 12.10 Application for review of orders (1) An application to the Court by the Secretary under section 65(1) of the Act for review of a supervision order may be in Form 6–12O. (2) An application to the Court by the Director of Public Prosecutions under section 66 of the Act for review of a detention order may be in Form 6–12P. 12.11 Applications for leave to review orders (1) An application under section 68(1) of the Act for leave to apply for a review of a supervision order— (a) may be made at the same time as an application by the Secretary under section 65(1) of the Act for a review of a supervision order; and (b) may be in Form 6–12Q. Note Section 68(1) of the Act provides that an application for leave to review may be made by the Secretary, the DPP or the offender who is subject to the supervision order. r. 5 -- 7 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 5 (2) An application under section 68(2) of the Act for leave to apply for a review of a detention order— (a) may be made at the same time as an application under section 66 of the Act for a review of a detention order; and (b) may be in Form 6–12R. Note Section 68(2) of the Act provides that an application for leave to review may be made by the DPP or the offender who is subject to the detention order. 12.12 Review of conditions of supervision order or interim supervision order An application under section 77 of the Act for leave to apply for a review of any condition of a supervision order or an interim supervision order may be in Form 6–12S. 12.13 Order for a person to attend for examination An order under section 84 of the Act may be in Form 6–12T. 12.14 Forms of notice of appeal (1) A notice of appeal by an offender under section 96 of the Act may be in Form 6–12U. (2) A notice of appeal by the Secretary under section 97 of the Act may be in Form 6–12V. (3) A notice of appeal by the Director of Public Prosecutions under section 98 of the Act may be in Form 6–12W. Note See also Part 7 of the Act for procedure on appeals. r. 5 -- 8 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 6 (4) An appeal under section 103 of the Act by a person affected by a decision of the Court under Division 1 of Part 13 of the Act is commenced by filing in the Court a notice of appeal in Form 6–12X. 12.15 Notice of intention to dispute reports under section 113 of the Act (1) A notice of intention to dispute the whole or any part of an assessment report, progress report or other report made to the Court or filed with an application under the Act must be served on the other party— (a) in accordance with section 193 of the Act; and (b) as soon as practicable and not less than 10 days before the day for the hearing of the application. (2) A notice of intention to dispute the whole or any part of an assessment report, progress report or other report made to the Court under the Act may be in Form 6–12Y. 12.16 Filing of documents Unless the Court otherwise orders, an application and any accompanying assessment report, progress report or other report shall— (a) be filed before the application is made with the Associate to the Judge of the Court from whom the order is sought; and (b) not be available for inspection by any person. __________________". r. 5 -- 9 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 7 6 Order 12 Forms substituted For Forms 6–12A to 6–12G of the Principal Rules substitute— "Rule 12.03(1) FORM 6–12A IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009 and IN THE MATTER of an application under section 7 of that Act for a supervision order. BETWEEN The Secretary to the Department of Justice Applicant and C.D. Respondent APPLICATION FOR SUPERVISION ORDER The Secretary to the Department of Justice applies under section 7 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for a supervision order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act. THIS APPLICATION is made upon the grounds that C.D. poses an unacceptable risk of committing a relevant offence if a supervision order is not made and C.D. is in the community. THE PARTICULARS of the relevant offence as defined in the Act in respect of which a custodial sentence as defined in the Act was imposed on C.D. are: [insert particulars]. THE PARTICULARS of the custodial sentence as defined in the Act which was imposed on C.D. and which *he/*she *is currently/*was serving are: [insert particulars]. *C.D. is currently remanded in custody, or is serving a custodial sentence, in a prison in respect of an offence and: *is subject to a supervision order, a detention order or an interim order; or r. 6 -- 10 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 8 *was subject to a supervision order or a detention order or an interim order at the time that C.D. was remanded or commenced serving a sentence of imprisonment for the offence; or *was an eligible offender who was the subject of an application for a supervision order or a detention order at the time C.D. was remanded or commenced serving a sentence of imprisonment for the offence. *C.D. is currently subject to a detention order or an interim order: [insert details] THE GROUNDS on which it is contended that C.D. poses an unacceptable risk of committing a relevant offence if a supervision order is not made and C.D. is in the community are: [specify grounds] THE PERIOD sought for the duration of the supervision order is: [insert period, not exceeding 15 years] *THE CONDITIONS sought in respect of the supervision order, in addition to the core conditions set out in section 16 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 2 of the Act] THE FOLLOWING are attached: *assessment report [identify report] *progress report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] *certificate of available resources Date: [Signed] for and on behalf of the Secretary to the Department of Justice ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 6 -- 11 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 9 Rule 12.03(2) FORM 6–12B IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009 and IN THE MATTER of an application under section 28 of that Act for renewal of a supervision order. BETWEEN The Secretary to the Department of Justice Applicant and C.D. Respondent APPLICATION FOR RENEWAL OF SUPERVISION ORDER The Secretary to the Department of Justice applies under section 28 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for the renewal of the supervision order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act. THIS APPLICATION is made upon the grounds that C.D. poses an unacceptable risk of committing a relevant offence if a renewed supervision order is not made and C.D. is in the community. THE PARTICULARS of the relevant offence as defined in the Act in respect of which a custodial sentence as defined in the Act was imposed on C.D. are: [insert particulars]. THE PARTICULARS of the custodial sentence as defined in the Act which was imposed on C.D. and which *he/*she *is currently/*was serving are: [insert particulars]. C.D. is currently subject to a supervision order and that order is still in force: [insert details] THE GROUNDS on which it is contended that C.D. poses an unacceptable risk of committing a relevant offence if a renewed supervision order is not made and C.D. is in the community are: [specify grounds] THE PERIOD sought for the duration of the renewed supervision order is: [insert period, not exceeding 15 years] r. 6 -- 12 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 10 *THE CONDITIONS sought in respect of the renewed supervision order, in addition to the core conditions set out in section 16 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 2 of the Act] THE FOLLOWING are attached: *assessment report [identify report] *progress report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] *certificate of available resources Date: [Signed] for and on behalf of the Secretary to the Department of Justice ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 6 -- 13 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 11 Rule 12.04 FORM 6–12C [heading as in Form 6–12A] SUPERVISION ORDER JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner] OTHER MATTERS: THE COURT IS SATISFIED that the eligible offender C.D. [name of offender] poses an unacceptable risk of committing a relevant offence as defined in the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") if a supervision order is not made and C.D. is in the community. THE COURT ORDERS THAT: 1. C.D. [name of offender] be subject to a supervision order under the Serious Sex Offenders (Detention and Supervision) Act 2009. 2. THIS ORDER commences on: [insert details in accordance with section 11 of the Act] 3. THE PERIOD for which this order remains in force is: [insert period, not exceeding 15 years] 4. THE LATEST DATE by which the first review of this order under Part 5 of the Act must be undertaken is: [insert period, being not later than 3 years after order is first made] 5. THE INTERVAL(S) between subsequent reviews of this order *is/*are: [insert period, being no more than intervals of 3 years] r. 6 -- 14 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 12 6. CORE CONDITIONS: Pursuant to section 16 of the Act, the core conditions of this order are that, during the period of the order, C.D. must— 1. not commit a relevant offence in Victoria or elsewhere; 2. attend at any place as directed by the Adult Parole Board for the purpose of administering the conditions of the order; 3. attend at any place directed by the Adult Parole Board for the purpose of making assessments required by the Court, the Secretary to the Department of Justice or the Director of Public Prosecutions for the purposes of the Act (including a personal examination by a medical expert for the purpose of providing the Court with a report to assist it to determine the need for, or form of, any of the conditions of the order); 4. report to, and receive visits from, the Secretary to the Department of Justice or any person nominated by the Secretary to the Department of Justice for the purposes of section 16(2)(d) of the Act; 5. 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 employment; 6. not leave Victoria except with the permission of the Adult Parole Board granted either generally or in relation to the particular case; 7. if the Court requires C.D. to reside at a residential facility, obey all reasonable instructions given by a supervision officer that are necessary to ensure the good order of the residential facility or the safety and welfare of offenders or staff or visitors to the facility; 8. comply with any directions given by the Adult Parole Board under the emergency power in section 120 of the Act. 7. ADDITIONAL CONDITIONS UNDER SECTION 17 OF THE ACT: [insert any additional conditions] 8. OTHER ADDITIONAL CONDITIONS UNDER DIVISION 3 OF PART 2 OF THE ACT: [insert any additional conditions] [Signature of Judge] [Name of Judge] * Delete if not applicable __________________ r. 6 -- 15 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 13 Rule 12.05(1) FORM 6–12D IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009 and IN THE MATTER of an application under section 33 of that Act for a detention order. BETWEEN The Director of Public Prosecutions Applicant and C.D. Respondent APPLICATION FOR DETENTION ORDER The Director of Public Prosecutions applies under section 33 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for a detention order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act. THIS APPLICATION is made upon the grounds that C.D. poses an unacceptable risk of committing a relevant offence if a detention order is not made and C.D. is in the community. THE PARTICULARS of the relevant offence as defined in the Act in respect of which a custodial sentence as defined in the Act was imposed on C.D. are: [insert particulars]. THE PARTICULARS of the custodial sentence as defined in the Act which was imposed on C.D. and which *he/*she *is currently/*was serving are: [insert particulars]. *C.D. is currently remanded in custody, or is serving a custodial sentence, in a prison in respect of an offence and *was subject to a supervision order or a detention order or an interim order at the time that C.D. was remanded or commenced serving a sentence of imprisonment for the offence; or r. 6 -- 16 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 14 *was an eligible offender who was the subject of an application for a supervision order or a detention order at the time C.D. was remanded or commenced serving a sentence of imprisonment for the offence. *C.D. is currently subject to a supervision order or an interim order. [insert details] THE GROUNDS on which it is contended that C.D. poses an unacceptable risk of committing a relevant offence if a detention order is not made and C.D. is in the community are: [specify grounds] THE PERIOD sought for the duration of the detention order is: [insert period, not exceeding 3 years] THE FOLLOWING REPORTS are attached: *assessment report [identify report] *progress report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] Date: [Signed] for and on behalf of the Director of Public Prosecutions ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 6 -- 17 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 15 Rule 12.05(2) FORM 6–12E IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009 and IN THE MATTER of an application under section 45 of that Act for renewal of a detention order. BETWEEN The Director of Public Prosecutions Applicant and C.D. Respondent APPLICATION FOR RENEWAL OF DETENTION ORDER The Director of Public Prosecutions applies under section 45 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for renewal of the detention order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act. THIS APPLICATION is made upon the grounds that C.D. poses an unacceptable risk of committing a relevant offence if a renewed detention order is not made and C.D. is in the community. THE PARTICULARS of the relevant offence as defined in the Act in respect of which a custodial sentence as defined in the Act was imposed on C.D. are: [insert particulars]. THE PARTICULARS of the custodial sentence as defined in the Act which was imposed on C.D. and which *he/*she *is currently/*was serving are: [insert particulars]. *C.D. is currently remanded in custody, or is serving a custodial sentence, in a prison in respect of an offence. C.D. is currently subject to a detention order and that order is still in force: [insert details] THE GROUNDS on which it is contended that C.D. poses an unacceptable risk of committing a relevant offence if a renewed detention order is not made and C.D. is in the community are: [specify grounds] r. 6 -- 18 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 16 THE PERIOD sought for the duration of the renewed detention order is: [insert period, not exceeding 3 years] THE FOLLOWING REPORTS are attached: *assessment report [identify report] *progress report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] Date: [Signed] for and on behalf of the Director of Public Prosecutions ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 6 -- 19 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 17 Rule 12.06 FORM 6–12F [heading as in Form 6–12C] DETENTION ORDER JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner] OTHER MATTERS: THE COURT IS SATISFIED that the eligible offender C.D.[name of offender] poses an unacceptable risk of committing a relevant offence as defined in the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") if a detention order is not made and C.D. is in the community. THE EFFECT OF THIS ORDER is that, in accordance with section 42 of the Act, C.D. is committed to detention in a prison for the period specified in this order. THE COURT ORDERS THAT: 1. C.D. [name of offender] be subject to a detention order under the Serious Sex Offenders (Detention and Supervision) Act 2009. 2. THIS ORDER commences on: [insert details in accordance with section 39 of the Act] 3. THE PERIOD of this order is: [insert period, not exceeding 3 years] 4. THE LATEST DATE by which the first review of this order under Part 5 of the Act must be undertaken is: [insert period, being not later than 3 years after order is first made] r. 6 -- 20 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 18 5. THE INTERVAL(S) between subsequent reviews of this order *is/*are: [insert period, being no more than intervals of 3 years] [Signature of Judge] [Name of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 6 -- 21 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 19 Rule 12.07(1) FORM 6–12G IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009 and IN THE MATTER of an application under section 50 of that Act for an interim supervision order. BETWEEN The Secretary to the Department of Justice Applicant and C.D. Respondent APPLICATION FOR INTERIM SUPERVISION ORDER The Secretary to the Department of Justice applies under section 50 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for an interim supervision order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act. C.D. is the subject of: *an application under section 7 of the Act for a supervision order; or *an application under section 28 of the Act for renewal of a supervision order. THIS APPLICATION is made upon the following grounds: [specify grounds of application] *an application for a supervision order has been made but C.D. *is no longer serving a custodial sentence as required by section 4 of the Act or *will no longer be serving that sentence when that application is determined; *an application for renewal of a supervision order has been made but the supervision order *has expired or *will have expired before that application can be determined. The making of a supervision order would be justified on the following grounds: [specify] r. 6 -- 22 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 20 It is in the public interest to make an interim supervision order, having regard to— the following reasons why the application for the supervision order or renewal was not, or will not be, determined before the expiry of the sentence referred to in section 4 of the Act or the expiry of the supervision order (as the case requires): [specify reasons] [specify any other relevant matters] THE PERIOD sought for the duration of the interim supervision order is: [insert period in accordance with section 57 of the Act] *THE CONDITIONS sought in respect of the interim supervision order, in addition to the core conditions set out in section 16 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 2 of the Act] THE FOLLOWING are attached: *assessment report [identify report] *progress report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] *certificate of available resources Date: [Signed] for and on behalf of the Secretary to the Department of Justice ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 6 -- 23 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 21 Rule 12.07(2) FORM 6–12H IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009 and IN THE MATTER of an application under section 63(1) of that Act for extension of an interim supervision order. BETWEEN The Secretary to the Department of Justice Applicant and C.D. Respondent APPLICATION FOR EXTENSION OF INTERIM SUPERVISION ORDER The Secretary to the Department of Justice applies under section 63(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for the extension of an interim supervision order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act. C.D. is currently subject to an interim supervision order and that order is still in force: [insert details] C.D. has not ceased to be an eligible offender. The relevant conviction of C.D. has not been set aside on appeal and C.D.'s sentence in respect of the offence has not been altered so that he or she would not have been an eligible offender had the amended sentence been the original sentence. THIS APPLICATION is made upon the following grounds: [specify grounds of application] *an application for a supervision order has been made but C.D. *is no longer serving a custodial sentence as required by section 4 of the Act or *will no longer be serving that sentence when that application is determined; *an application for renewal of a supervision order has been made but the supervision order *has expired or *will have expired before that application can be determined. The making of a supervision order would be justified on the following grounds: [specify] r. 6 -- 24 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 22 It is in the public interest to extend the interim supervision order, having regard to— the following reasons why the application for the supervision order or renewal was not, or will not be, determined before the expiry of the sentence referred to in section 4 of the Act or the expiry of the supervision order (as the case requires): [specify reasons] [specify any other relevant matters] THE PERIOD sought for the duration of the extended interim supervision order is: [insert period in accordance with section 63(7) of the Act] *THE CONDITIONS sought in respect of the extended interim supervision order, in addition to the core conditions set out in section 16 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 2 of the Act] THE FOLLOWING REPORTS are attached: *assessment report [identify report] *progress report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] *certificate of available resources Date: [Signed] for and on behalf of the Secretary to the Department of Justice ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 6 -- 25 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 23 Rule 12.08(1) FORM 6–12I IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009 and IN THE MATTER of an application under section 51 of that Act for an interim detention order. BETWEEN The Director of Public Prosecutions Applicant and C.D. Respondent APPLICATION FOR INTERIM DETENTION ORDER The Director of Public Prosecutions applies under section 51 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for an interim detention order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act. C.D. is the subject of: *an application under section 33 of the Act for a detention order; or *an application under section 45 of the Act for renewal of a detention order. THIS APPLICATION is made upon the following grounds: [specify grounds of application] *an application for a detention order has been made but the offender *is no longer serving a custodial sentence as required by section 4 of the Act or *will no longer be serving that sentence when that application is determined; *an application for renewal of a detention order has been made but the detention order *has expired or *will have expired before that application can be determined. The making of a detention order would be justified on the following grounds: [specify] r. 6 -- 26 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 24 It is in the public interest to make an interim detention order, having regard to— the following reasons why the application for the detention order or renewal was not, or will not be, determined before the expiry of the sentence referred to in section 4 of the Act or the expiry of the detention order (as the case requires): [specify reasons] [specify any other relevant matters] THE PERIOD sought for the duration of the interim detention order is: [insert period in accordance with section 57 of the Act] THE FOLLOWING REPORTS are attached: *assessment report [identify report] *progress report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] Date: [Signed] for and on behalf of the Director of Public Prosecutions ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 6 -- 27 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 25 Rule 12.08(2) FORM 6–12J IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009 and IN THE MATTER of an application under section 63(2) of that Act for extension of an interim detention order. BETWEEN The Director of Public Prosecutions Applicant and C.D. Respondent APPLICATION FOR EXTENSION OF INTERIM DETENTION ORDER The Director of Public Prosecutions applies under section 63(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for the extension of the interim detention order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act. C.D. is currently subject to an interim detention order and that order is still in force: [insert details] C.D. has not ceased to be an eligible offender. The relevant conviction of C.D. has not been set aside on appeal and C.D.'s sentence in respect of the offence has not been altered so that he or she would not have been an eligible offender had the amended sentence been the original sentence. THIS APPLICATION is made upon the following grounds: [specify grounds of application] *an application for a detention order has been made but the offender *is no longer serving a custodial sentence as required by section 4 of the Act or *will no longer be serving that sentence when that application is determined; *an application for renewal of a detention order has been made but the detention order *has expired or *will have expired before that application can be determined. The making of a detention order would be justified on the following grounds: [specify] r. 6 -- 28 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 26 It is in the public interest to extend the interim detention order, having regard to— the following reasons why the application for the detention order or renewal was not, or will not be, determined before the expiry of the sentence referred to in section 4 of the Act or the expiry of the detention order (as the case requires): [specify reasons] [specify any other relevant matters] THE PERIOD sought for the duration of the extension of the interim detention order is: [insert period in accordance with section 63(7) of the Act] THE FOLLOWING REPORTS are attached: *assessment report [identify report] *progress report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] Date: [Signed] for and on behalf of the Director of Public Prosecutions ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 6 -- 29 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 27 Rule 12.09(1) FORM 6–12K [heading as in Form 6–12A] INTERIM SUPERVISION ORDER JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner] OTHER MATTERS: THE COURT IS SATISFIED that the making of this interim supervision order is justified and in the public interest. THE COURT ORDERS THAT: 1. C.D. [name of offender] be subject to an interim supervision order under the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act"). 2. THIS ORDER commences on: [insert details in accordance with section 56 of the Act] 3. THE PERIOD of this order is: [insert period, in accordance with section 57 of the Act] 4. CORE CONDITIONS: Pursuant to section 16 of the Act, the core conditions of this order are that, during the period of the order, C.D. must— 1. not commit a relevant offence in Victoria or elsewhere; 2. attend at any place as directed by the Adult Parole Board for the purpose of administering the conditions of the order; 3. attend at any place directed by the Adult Parole Board for the purpose of making assessments required by the Court, the Secretary to the Department of Justice or the Director of Public Prosecutions for the purposes of the Act (including a personal examination by a medical expert for the purpose of providing the r. 6 -- 30 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 28 Court with a report to assist it to determine the need for, or form of, any of the conditions of the order); 4. report to, and receive visits from, the Secretary to the Department of Justice or any person nominated by the Secretary to the Department of Justice for the purposes of section 16(2)(d) of the Act; 5. 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 employment; 6. not leave Victoria except with the permission of the Adult Parole Board granted either generally or in relation to the particular case; 7. if the Court requires C.D. to reside at a residential facility, obey all reasonable instructions given by a supervision officer that are necessary to ensure the good order of the residential facility or the safety and welfare of offenders or staff or visitors to the facility; 8. comply with any directions given by the Adult Parole Board under the emergency power in section 120 of the Act. 5. ADDITIONAL CONDITIONS UNDER SECTION 17 OF THE ACT: [insert any additional conditions] 6. OTHER ADDITIONAL CONDITIONS UNDER DIVISION 3 OF PART 2 OF THE ACT: [insert any additional conditions] [Signature of Judge] [Name of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– __________________ r. 6 -- 31 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 29 Rule 12.09(2) FORM 6–12L [heading as in Form 6–12A] ORDER EXTENDING INTERIM SUPERVISION ORDER JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner] OTHER MATTERS: THE COURT IS SATISFIED that the making of this order extending the interim supervision order is justified and in the public interest. THE COURT ORDERS THAT: 1. The interim supervision order under the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") made on [insert date of interim supervision order] to which C.D. [name of offender] is subject be extended. 2. THE PERIOD for which the interim supervision order is extended is: [insert period, in accordance with section 63(7) of the Act] [Signature of Judge] [Name of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– __________________ r. 6 -- 32 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 30 Rule 12.09(3) FORM 6–12M [heading as in Form 6–12D] INTERIM DETENTION ORDER JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner] OTHER MATTERS: THE COURT IS SATISFIED that the making of this interim detention order is justified and in the public interest. THE EFFECT OF THIS ORDER is that, in accordance with section 42 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act"), C.D. is committed to detention in a prison for the period specified in this order. THE COURT ORDERS THAT: 1. C.D. [name of offender] be subject to an interim detention order under the Serious Sex Offenders (Detention and Supervision) Act 2009. 2. THIS ORDER commences on: [insert details in accordance with section 56 of the Act] 3. THE PERIOD of this order is: [insert period in accordance with section 57 of the Act] [Signature of Judge] [Name of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– __________________ r. 6 -- 33 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 31 Rule 12.09(4) FORM 6–12N [heading as in Form 6–12D] ORDER EXTENDING INTERIM DETENTION ORDER JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner] OTHER MATTERS: THE COURT IS SATISFIED that the making of this order extending the interim detention order is justified and in the public interest. THE COURT ORDERS THAT: 1. The interim detention order under the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") made on [insert date of interim detention order] to which C.D. [name of offender] is subject be extended. 2. THE PERIOD for which the interim detention order is extended is: [insert period, in accordance with section 63(7) of the Act] [Signature of Judge] [Name of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– __________________ r. 6 -- 34 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 32 Rule 12.10(1) FORM 6–12O [heading as in Form 6–12A] APPLICATION BY SECRETARY FOR REVIEW OF SUPERVISION ORDER The Secretary to the Department of Justice applies under section 65(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for a review of the supervision order made by the Court on [insert date of order]. THE GROUNDS on which this application is made are: [specify grounds] THE ORDERS sought are: [specify orders sought] *that the supervision order remain in operation *that the supervision order be revoked *that the supervision order be revoked and replaced with a *different supervision order/*a detention order *that if the supervision order is revoked and replaced with a different supervision order, the conditions sought in respect of that supervision order, in addition to the core conditions set out in section 16 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 2 of the Act] THE FOLLOWING REPORTS are attached: progress report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] Date: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 6 -- 35 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 33 Rule 12.10(2) FORM 6–12P [heading as in Form 6–12D] APPLICATION BY DPP FOR REVIEW OF DETENTION ORDER The Director of Public Prosecutions applies under section 66 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for a review of the detention order made by the Court on [insert date of order]. THE GROUNDS on which this application is made are: [specify grounds] THE ORDERS sought are: [specify orders sought] *that the detention order remain in operation *that the detention order be revoked *that the detention order be revoked and replaced with a supervision order *if the detention order is revoked and replaced with a supervision order, the conditions sought in respect of that supervision order, in addition to the core conditions set out in section 16 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 2 of the Act] THE FOLLOWING REPORTS are attached: progress report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] Date: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 6 -- 36 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 34 Rule 12.11(1) FORM 6–12Q [heading as in Form 6–12A] APPLICATION FOR LEAVE TO APPLY FOR REVIEW OF SUPERVISION ORDER *The Secretary to the Department of Justice applies under section 68(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for leave of the Court to apply for a review of the supervision order made by the Court on [insert date of order] and, if leave be granted, review of that supervision order. This application is made *on the Secretary's own initiative/*on the recommendation of the Adult Parole Board. *The Director of Public Prosecutions applies under section 68(1) of the Act for leave of the Court to apply for a review of the supervision order made by the Court [insert date of order] and, if leave be granted, review of that supervision order. *I, C.D. apply under section 68(1) of the Act for leave of the Court to apply for a review of the supervision order made by the Court [insert date and relevant details of order] and, if leave be granted, review of that supervision order. THE GROUNDS on which this application is made are: [specify grounds] THE ORDERS sought are: [specify orders sought] that leave be granted for review of the supervision order AND, if leave is granted: *that the supervision order remain in operation *that the supervision order be revoked *that the supervision order be revoked and replaced with a *different supervision order/*a detention order *that if the supervision order is revoked and replaced with a different supervision order, the conditions sought in respect of that supervision order, in addition to the core conditions set out in section 16 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 2 of the Act] r. 6 -- 37 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 35 THE FOLLOWING REPORTS are attached: progress report [identify report] *assessment report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] Date: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 6 -- 38 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 36 Rule 12.11(2) FORM 6–12R [heading as in Form 6–12D] APPLICATION FOR LEAVE TO APPLY FOR REVIEW OF DETENTION ORDER *The Director of Public Prosecutions applies under section 68(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for leave of the Court to apply for a review of the detention order made by the Court on [insert date of order] and, if leave be granted, review of that detention order. *I, C.D. apply under section 68(2) of the Act for leave of the Court to apply for a review of the detention order made by the Court [insert date and relevant details of order] and, if leave be granted, review of that detention order. THE GROUNDS on which this application is made are: [specify grounds] THE ORDERS sought are: [specify orders sought] that leave be granted for review of the detention order AND, if leave is granted: *that the detention order remain in operation *that the detention order be revoked *that the detention order be revoked and replaced with a supervision order *that if the detention order is revoked and replaced with a supervision order, the conditions sought in respect of that supervision order, in addition to the core conditions set out in section 16 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 2 of the Act] THE FOLLOWING REPORTS are attached: progress report [identify report] *assessment report [identify report] r. 6 -- 39 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 37 *other report made to the Court [identify report] *other report filed with the application [identify report] Date: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _________________ r. 6 -- 40 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 38 Rule 12.12 FORM 6–12S [heading as in Form 6–12A] APPLICATION FOR LEAVE TO APPLY FOR REVIEW OF CONDITIONS OF SUPERVISION ORDER OR INTERIM SUPERVISION ORDER *The Secretary to the Department of Justice applies under section 77 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for leave of the Court to apply for a review of a condition, other than a core condition, of the *supervision order/*interim supervision order made by the Court on [insert date of order] and, if leave be granted, review of those conditions. *I, C.D. apply under section 77 of the Act for leave of the Court to apply for a review of a condition, other than a core condition, of the *supervision order/*interim supervision order made by the Court on [insert date and relevant details of order] and, if leave be granted, review of those conditions. *THE CONDITION(S) which are the subject of this application are: [specify conditions to which the application relates] THE GROUNDS on which this application is made are: [specify grounds] *the following new facts and circumstances justifying the review have arisen since the conditions were made [specify new facts and circumstances justifying review]: or *the following reasons justify the review in the interests of justice, having regard to the purposes of the condition and the manner or effect of their implementation [specify reasons the review is justified in the interests of justice]. THE ORDERS sought are: [specify orders sought] that leave be granted for review of the conditions of the *supervision order/*interim supervision order AND, if leave is granted: *that the conditions be varied as follows [specify conditions and variations sought]: *that the conditions be added to as follows [specify conditions and additions sought]: r. 6 -- 41 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 39 *that the conditions be removed as follows [specify conditions sought to be removed]: *that the conditions be confirmed *that the supervision order be reviewed in accordance with Part 5 of the Act THE FOLLOWING REPORTS are attached: *progress report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] *A CERTIFICATE OF AVAILABLE RESOURCES in respect of C.D. prepared by the Secretary under section 195 of the Act is attached. Date: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if not applicable __________________ r. 6 -- 42 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 40 Rule 12.13 FORM 6–12T [heading as in Form 6–12A] ORDER TO ATTEND FOR EXAMINATION JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] THE COURT ORDERS THAT under section 84 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") [name of offender] ("the offender") attend for personal examination by a medical expert or other person [insert name and address or other relevant details of expert or other person who is to conduct the personal examination of the offender and time and place for attendance for examination] for the purposes of enabling that expert or other person to make a report or give evidence to the Court. [Signature of Judge] [Name of Judge] NOTE To [name of offender]: This order requires you to attend a personal examination. Section 84(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009 provides that you cannot be compelled to submit to a physical examination or in any way actively to cooperate in the carrying out of a personal examination. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– __________________ r. 6 -- 43 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 41 Rule 12.14(1) FORM 6–12U IN THE SUPREME COURT OF VICTORIA AT IN THE SUPREME COURT OF VICTORIA 20 No. IN THE MATTER of an appeal under Part 7 of the Serious Sex Offenders (Detention and Supervision) Act 2009 BETWEEN A.B. Appellant and *The Secretary to the Department of Justice/*The Director of Public Prosecutions Respondent NOTICE OF APPEAL BY OFFENDER TO: the Registrar of Criminal Appeals: AND TO: the respondent 1. TAKE NOTICE that the appellant A.B. appeals to the Court of Appeal under section 96 of the Serious Sex Offenders (Detention and Supervision) Act 2009 against: *a decision made on [date] by [identify court and Judge] to make *a supervision order/*an interim supervision order/*a detention order/*an interim detention order in respect of the appellant. *a decision made on [date] by [identify court and Judge] to renew *a supervision order/*a detention order in respect of the appellant previously made on [date] by [identify court and Judge]. *a decision made on [date] by [identify court and Judge] to extend *an interim supervision order/*an interim detention order in respect of the appellant previously made on [date] by [identify court and Judge]. *a decision made on [date] by [identify court and Judge] to impose conditions other than core conditions on *a supervision order/*an interim supervision order in respect of the appellant previously made on [date] by [identify court and Judge]. r. 6 -- 44 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 42 *a decision made on [date] by [identify court and Judge] to impose a particular period of operation of *a supervision order/*an interim supervision order/*a detention order/*an interim detention order in respect of the appellant. *a decision made on [date] by [identify court and Judge] on a review under Part 5 of the Act not to revoke a *supervision order/*detention order previously made on [date] by [identify court and Judge]. *a decision made on [date] by [identify court and Judge] to revoke *a supervision order/*an interim supervision order/*a detention order/*an interim detention order in respect of the appellant and make a new supervision order or detention order in respect of the appellant. 2. THE GROUNDS of the appeal are: [state briefly the grounds of the appeal] 3. THE ORDERS sought on appeal are: [state orders sought] 4. Name and address of legal practitioner who represented appellant in the court where the decision being appealed was made: 5. Name of counsel (if any) who represented appellant in the court where the decision being appealed was made: 6. State whether you wish— (a) to be present at the hearing of this proceeding; or (b) to attend by audio visual link at the hearing of this proceeding. Date: [Signed by Appellant or legal practitioner on behalf of Appellant] *[If signed by legal practitioner] The name and address for service are as follows: [insert] * Delete if not applicable IMPORTANT NOTES 1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should complete paragraph 6 accordingly or notify the Registrar of Criminal Appeals in writing of your wish. r. 6 -- 45 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 43 2. Your attention is drawn to the procedure for appeals set out in Part 7 of the Serious Sex Offenders (Detention and Supervision) Act 2009 and the powers of the Court of Appeal under that Act. As soon as practicable after giving notice of appeal to the Court of Appeal, you must cause a copy of the notice to be served on the respondent to the appeal. 3. Under section 99(5) of the Serious Sex Offenders (Detention and Supervision) Act 2009, the filing of this notice of appeal does not stay the operation of the decision being appealed, unless the court that made that decision or the Court of Appeal otherwise orders. __________________ r. 6 -- 46 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 44 Rule 12.14(2) FORM 6–12V IN THE SUPREME COURT OF VICTORIA AT IN THE SUPREME COURT OF VICTORIA 20 No. IN THE MATTER of an appeal under Part 7 of the Serious Sex Offenders (Detention and Supervision) Act 2009 BETWEEN The Secretary to the Department of Justice Appellant and A.B. Respondent NOTICE OF APPEAL BY SECRETARY TO THE DEPARTMENT OF JUSTICE TO: the Registrar of Criminal Appeals: AND TO: the respondent 1. TAKE NOTICE that the appellant, the Secretary to the Department of Justice, considering it in the public interest to do so, appeals to the Court of Appeal under section 97 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") against: *a decision made on [date] by [identify court and Judge] not to make *a supervision order/*an interim supervision order in respect of A.B. who is an eligible offender within the meaning of the Act. *a decision made on [date] by [identify court and Judge] not to renew a supervision order in respect of A.B. previously made on [date] by [identify court and Judge]. *a decision made on [date] by [identify court and Judge] not to extend an interim supervision order in respect of A.B. previously made on [date] by [identify court and Judge]. *a decision made on [date] by [identify court and Judge] on a review under Part 5 of the Act to revoke a supervision order in respect of A.B. previously made on [date] by [identify court and Judge]. r. 6 -- 47 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 45 *a decision made on [date] by [identify court and Judge] to impose a particular period of operation of *a supervision order/*an interim supervision order in respect of A.B. *a decision made on [date] by [identify court and Judge] *to impose/*to not impose conditions other than core conditions on *a supervision order/*an interim supervision order in respect of A.B. previously made on [date] by [identify court and Judge]. 2. THE GROUNDS of the appeal are: [state briefly the grounds of the appeal] 3. THE ORDERS sought on appeal are: [state orders sought] 4. As required by section 99(4) of the Serious Sex Offenders (Detention and Supervision) Act 2009, this notice of appeal is accompanied by a notice in the prescribed form as contained in the regulations made under that Act setting out the offender's rights in relation to, and the procedure for the hearing and determination of, the appeal. Date: [Signed by for and on behalf of the Secretary to the Department of Justice] * Delete if not applicable IMPORTANT NOTE To the respondent: Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should notify the Registrar of Criminal Appeals in writing of your wish. __________________ r. 6 -- 48 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 46 Rule 12.14(3) FORM 6–12W IN THE SUPREME COURT OF VICTORIA AT IN THE SUPREME COURT OF VICTORIA 20 No. IN THE MATTER of an appeal under Part 7 of the Serious Sex Offenders (Detention and Supervision) Act 2009 BETWEEN The Director of Public Prosecutions Appellant and A.B. Respondent NOTICE OF APPEAL BY DIRECTOR OF PUBLIC PROSECUTIONS TO: the Registrar of Criminal Appeals AND TO: the respondent 1. TAKE NOTICE that the appellant, the Director of Public Prosecutions, considering it in the public interest to do so, appeals to the Court of Appeal under section 98 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") against: *a decision made on [date] by [identify court and Judge] not to make *a detention order/*an interim detention order in respect of A.B. who is an eligible offender within the meaning of the Act. *a decision made on [date] by [identify court and Judge] not to renew a detention order in respect of A.B. previously made on [date] by [identify court and Judge]. *a decision made on [date] by [identify court and Judge] not to extend an interim detention order in respect of A.B. previously made on [date] by [identify court and Judge]. *a decision made on [date] by [identify court and Judge] on a review under Part 5 of the Act to revoke a detention order in respect of A.B. previously made on [date] by [identify court and Judge]. *a decision made on [date] by [identify court and Judge] to impose a particular period of operation of *a detention order/*an interim detention order in respect of A.B. r. 6 -- 49 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 47 2. THE GROUNDS of the appeal are: [state briefly the grounds of the appeal] 3. THE ORDERS sought on appeal are: [state orders sought] 4. As required by section 99(4) of the Serious Sex Offenders (Detention and Supervision) Act 2009, this notice of appeal is accompanied by a notice in the prescribed form as contained in the regulations made under that Act setting out the offender's rights in relation to, and the procedure for the hearing and determination of, the appeal. Date: [Signed by for and on behalf of the Director of Public Prosecutions] * Delete if not applicable IMPORTANT NOTE To the respondent: Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should notify the Registrar of Criminal Appeals in writing of your wish. __________________ r. 6 -- 50 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 48 Rule 12.14(4) FORM 6–12X IN THE SUPREME COURT OF VICTORIA AT IN THE SUPREME COURT OF VICTORIA 20 No. IN THE MATTER of an appeal under section 103 of the Serious Sex Offenders (Detention and Supervision) Act 2009 BETWEEN Appellant and Respondent NOTICE OF APPEAL RELATING TO PUBLICATION OF INFORMATION TO: the Registrar of Criminal Appeals: AND TO: the respondent 1. TAKE NOTICE that the appellant, being a person affected by a decision of the Court under Division 1 of Part 13 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") appeals to the Court of Appeal under section 103 of the Act against: *a decision made on [date] by [identify court and Judge] to make an order under section 183 of the Act authorising the publication of material which would otherwise be an unauthorised publication under section 182 of the Act. *a decision made on [date] by [identify court and Judge] to make an order under section 184 of the Act restricting publication of information about the identification of an offender. 2. THE GROUNDS of the appeal are: [state briefly the grounds of the appeal] 3. THE ORDERS sought on appeal are: [state orders sought] Date: [Signed by for and on behalf of the Appellant] * Delete if not applicable __________________ r. 6 -- 51 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 49 Rule 12.15 FORM 6–12Y NOTICE OF INTENTION TO DISPUTE ASSESSMENT REPORT, PROGRESS REPORT OR OTHER REPORT TO COURT To the Prothonotary: TAKE NOTICE THAT: *The Secretary to the Department of Justice intends under section 113 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") to dispute the *whole of/*part of *an assessment report/*a progress report/*a report made to the Court/*another report filed with an application under the Act. *The Director of Public Prosecutions under section 113 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") to dispute the *whole of/*part of *an assessment report/*a progress report/*a report made to the Court/*another report filed with an application under the Act. *I, C.D. intend under section 113 of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") to dispute the *whole of/*part of *an assessment report/*a progress report/*a report made to the Court/*another report filed with an application under the Act. PARTICULARS I INTEND TO DISPUTE: *the whole of the assessment report [identify report] *part of the assessment report [identify report and part disputed] *the whole of the progress report [identify report] *part of the progress report [identify report and part disputed] *the whole of a report made to the Court [identify report] *part of a report made to the Court [identify report and part disputed] *the whole of another report filed with an application under the Act [identify report] *part of another report filed with an application under the Act [identify report and part disputed] THE GROUNDS on which I intend to dispute *the report/*part of the report are: [insert brief description of grounds]. r. 6 -- 52 of 61 -- Part 2—Amendments Relating to the Serious Sex Offenders (Detention and Supervision) Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 50 Date: [Signature of party giving notice or party's legal advisor] NOTE Rule 12.15 of Chapter VI of the Rules of the Supreme Court requires this notice to be served in accordance with section 193 of the Act and that Rule on the other party to the application for an supervision order as soon as practicable and not less than 10 days before the hearing of the application. * Delete if not applicable __________________". __________________ r. 6 -- 53 of 61 -- Part 3—Amendments Relating to the Sex Offenders Registration Act 2004 Arising from the Justice Legislation Further Amendment Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 51 PART 3—AMENDMENTS RELATING TO THE SEX OFFENDERS REGISTRATION ACT 2004 ARISING FROM THE JUSTICE LEGISLATION FURTHER AMENDMENT ACT 2009 7 New Order 12A inserted Before Order 13 of the Principal Rules insert— "ORDER 12A—SEX OFFENDERS REGISTRATION RULES 12A.01 Definition In this Order, the Act means the Sex Offenders Registration Act 2004. 12A.02 Forms of application for exemption from reporting requirements (1) An application to the Court under section 39 of the Act by a registrable offender for an order suspending his or her reporting obligations may be in Form 6–12AA. (2) An application to the Court under section 45 of the Act by a registrable offender for an order suspending his or her reporting obligations may be in Form 6–12AB. 12A.03 Forms of application by Chief Commissioner of Police (1) An application to the Court under section 39A of the Act by the Chief Commissioner of Police for an order suspending the reporting obligations of a registrable offender may be in Form 6–12AC. (2) An application to the Court under section 44A of the Act by the Chief Commissioner of Police for revocation of an order made under section 40(1A) of the Act suspending the reporting obligations r. 7 -- 54 of 61 -- Part 3—Amendments Relating to the Sex Offenders Registration Act 2004 Arising from the Justice Legislation Further Amendment Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 52 of a registrable offender may be in Form 6– 12AD. 12A.04 Filing of documents Unless the Court otherwise orders, an application and any affidavit in support shall— (a) be filed before the application is made with the Associate to the Judge of the Court from whom the order is sought; and (b) not be available for inspection by any person. __________________". 8 New Forms 6–12AA to 6–12AD Before Form 6–13A of the Principal Rules insert— "Rule 12A.02(1) FORM 6–12AA IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Sex Offenders Registration Act 2004 and IN THE MATTER of an application by A.B., the applicant, under section 39(2) of the Act for an order suspending the reporting obligations of a registrable offender under the Act. APPLICATION FOR SUSPENSION OF REGISTRABLE OFFENDER'S REPORTING OBLIGATIONS I, [name of applicant], of [address], being a registrable offender under the Sex Offenders Registration Act 2004 ("the Act") required to report for the remainder of my life, apply under section 39(2) of the Act for an order suspending my reporting obligations as a registrable offender under the Act. r. 8 -- 55 of 61 -- Part 3—Amendments Relating to the Sex Offenders Registration Act 2004 Arising from the Justice Legislation Further Amendment Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 53 PARTICULARS *I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application. *THIS APPLICATION is made in circumstances where I believe that the reporting obligations under the Act which are the subject of this application should be suspended for the following reasons: [insert reasons and specify grounds for making the application] Date: [Signed] * Delete if not applicable __________________ r. 8 -- 56 of 61 -- Part 3—Amendments Relating to the Sex Offenders Registration Act 2004 Arising from the Justice Legislation Further Amendment Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 54 Rule 12A.02(2) FORM 6–12AB IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Sex Offenders Registration Act 2004 and IN THE MATTER of an application by A.B., the applicant, under section 45 of the Act for a new order suspending the reporting obligations of a registrable offender under the Act. APPLICATION FOR NEW ORDER SUSPENDING REGISTRABLE OFFENDER'S REPORTING OBLIGATIONS I, [name of applicant], of [address], being a registrable offender under the Sex Offenders Registration Act 2004 ("the Act") required to report for the remainder of my life, apply under section 45 of the Act for a new order suspending my reporting obligations as a registrable offender under the Act. PARTICULARS The original order under Division 6 of Part 3 of the Act was made on [date] by [court and name of Judge] and ceased to have effect because I: *(a) was made subject to a sex offender registration order; or *(b) was found guilty of a registrable offence; or *(c) became a corresponding registrable offender who must under section 37 of the Act continue to comply with the reporting obligations imposed by Part 3 of the Act for a period. *I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application. *THIS APPLICATION is made in circumstances where I believe that the reporting obligations under the Act which are the subject of this application should be suspended for the following reasons: [insert reasons and specify grounds for making the application] Date: [Signed] * Delete if not applicable __________________ r. 8 -- 57 of 61 -- Part 3—Amendments Relating to the Sex Offenders Registration Act 2004 Arising from the Justice Legislation Further Amendment Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 55 Rule 12A.03(1) FORM 6–12AC IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Sex Offenders Registration Act 2004 and IN THE MATTER of an application by the Chief Commissioner of Police, under section 39A of the Act for an order suspending the reporting obligations of a registrable offender under the Act. APPLICATION BY CHIEF COMMISSIONER OF POLICE FOR SUSPENSION OF REGISTRABLE OFFENDER'S REPORTING OBLIGATIONS The Chief Commissioner of Police, of [address], applies under section 39A of the Sex Offenders Registration Act 2004 ("the Act") for an order suspending the reporting obligations of a registrable offender under the Act of [name and address of registrable offender]. *I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application. *THIS APPLICATION is made in circumstances where I believe that the reporting obligations under the Act which are the subject of this application should be suspended for the following reasons: [insert reasons and specify grounds for making the application]. THE PERIOD for which the reporting obligations should be suspended is [insert period of time for proposed suspension]. Date: [Signed for and on behalf of the Chief Commissioner of Police] * Delete if not applicable __________________ r. 8 -- 58 of 61 -- Part 3—Amendments Relating to the Sex Offenders Registration Act 2004 Arising from the Justice Legislation Further Amendment Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 56 Rule 12A.03(2) FORM 6–12AD IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Sex Offenders Registration Act 2004 and IN THE MATTER of an application by the Chief Commissioner of Police under section 44A of the Act for revocation of an order suspending the reporting obligations of a registrable offender under the Act. APPLICATION BY CHIEF COMMISSIONER OF POLICE FOR REVOCATION OF ORDER SUSPENDING REGISTRABLE OFFENDER'S REPORTING OBLIGATIONS The Chief Commissioner of Police, of [address], applies under section 44A of the Sex Offenders Registration Act 2004 ("the Act") for an order revoking the suspension of the reporting obligations of [name and address of registrable offender], a registrable offender under the Act. THE ORDER suspending the reporting obligations of [name and address of registrable offender], was made on [date] by [court and name of Judge]. *I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application. *THIS APPLICATION is made on the ground that there has been a material change in the circumstances in which the suspension order was sought and therefore that order should be revoked: [insert details as to grounds for making the application]. Date: [Signed for and on behalf of the Chief Commissioner of Police] * Delete if not applicable __________________". r. 8 -- 59 of 61 -- Part 3—Amendments Relating to the Sex Offenders Registration Act 2004 Arising from the Justice Legislation Further Amendment Act 2009 Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 57 Dated: 24 June 2010 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. PETER BUCHANAN, J.A. GEOFFREY NETTLE, J.A. DAVID ASHLEY, J.A. MARCIA NEAVE, J.A. PHILIP MANDIE, J.A. BERNARD D. BONGIORNO, J.A. D. L. HARPER, J.A. H. R. HANSEN, J. D. J. HABERSBERGER, J. R. S. OSBORN, J. STEPHEN KAYE, J. ELIZABETH HOLLINGWORTH, J. KEVIN H. BELL, J. ANTHONY CAVANOUGH, J. TONY PAGONE, J. JAMES JUDD, J. EMILIOS KYROU, J. DAVID F. R. BEACH, J. JENNIFER DAVIES, J. KARIN EMERTON, J. ═══════════════ r. 8 -- 60 of 61 -- Supreme Court (Chapter VI Amendment No. 5) Rules 2010 S.R. No. 54/2010 58 ENDNOTES 1 Rule 4: S.R. No. 12/2008 as amended by S.R. Nos 100/2008, 118/2008, 150/2008, 98/2009, 99/2009, 132/2009 and 146/2009. Endnotes -- 61 of 61 --