Serious Sex Offenders Monitoring (Amendment) Regulations 2008

Serious Sex Offenders Monitoring (Amendment) Regulations 2008 S.R. No. 51/2008 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 Notice in relation to an application for an interim extended supervision order 2 9 Notice in relation to an interim extended supervision order 2 6 Notice to offender of application for an interim extended supervision order 2 FORM 5—Notice to Offender of Application for an Interim Extended Supervision Order 2 ═══════════════ ENDNOTES 9 i -- 1 of 10 -- STATUTORY RULES 2008 S.R. No. 51/2008 Serious Sex Offenders Monitoring Act 2005 Serious Sex Offenders Monitoring (Amendment) Regulations 2008 The Governor in Council makes the following Regulations: Dated: 3 June 2008 Responsible Minister: BOB CAMERON Minister for Corrections RYAN HEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Serious Sex Offenders Monitoring Regulations 2005 to prescribe a form of notice with respect to an application for an interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005. 2 Authorising provision These Regulations are made under section 46 of the Serious Sex Offenders Monitoring Act 2005. 3 Commencement These Regulations come into operation on the day on which section 17 of the Justice Legislation Amendment Act 2008 comes into operation. 1 -- 2 of 10 -- S.R. No. 51/2008 Serious Sex Offenders Monitoring (Amendment) Regulations 2008 r. 4 4 Principal Regulations In these Regulations, the Serious Sex Offenders Monitoring Regulations 2005 are called the Principal Regulations1. 5 Notice in relation to an application for an interim extended supervision order After regulation 8 of the Principal Regulations insert— "9 Notice in relation to an interim extended supervision order For the purpose of section 25B(b) of the Act, the prescribed form of notice with respect to an application for an interim extended supervision order is the form set out in Form 5.". 6 Notice to offender of application for an interim extended supervision order After Form 4 in the Principal Regulations insert— "__________________ FORM 5 Regulation 9 NOTICE TO OFFENDER OF APPLICATION FOR AN INTERIM EXTENDED SUPERVISION ORDER Serious Sex Offenders Monitoring Act 2005 Section 25B(b) GENERAL INFORMATION To—[Name of offender] This Notice has been served on you because the Secretary to the Department of Justice ("the Secretary") has applied to the *Supreme Court/*County Court to make you subject to 2 -- 3 of 10 -- S.R. No. 51/2008 Serious Sex Offenders Monitoring (Amendment) Regulations 2008 r. 6 an interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005. This Notice provides information about the procedure for hearing and determining the application and your rights in relation to its hearing and determination. If you have any questions about this information or your rights you should seek legal advice. REASON FOR APPLICATION FOR AN INTERIM EXTENDED SUPERVISION ORDER The Secretary has applied to the *Supreme Court/*County Court for an interim extended supervision order because— • *you are currently the subject of an application for an extended supervision order and either you are no longer serving a custodial sentence, or will no longer be serving a custodial sentence when the application is determined; or • *you are currently the subject of an application for renewal of an extended supervision and the extended supervision order to which you are currently subject will have expired before the application can be determined. EFFECT OF INTERIM EXTENDED SUPERVISION ORDER A person subject to an interim extended supervision order lives in the community and not in prison. If you are subject to an interim extended supervision order you must— • comply with the conditions set out in the order; and • comply with any instruction or direction given to you by the Adult Parole Board and the Secretary. If you do not comply with the requirements of an interim extended supervision order, the court may find you guilty of an offence and impose a penalty of a maximum of 5 years imprisonment. The purpose of an interim extended supervision order is to monitor the person subject to the order before the application for the extended supervision order, or renewal of an extended supervision order, is determined so that the community is protected adequately against that person. 3 -- 4 of 10 -- S.R. No. 51/2008 Serious Sex Offenders Monitoring (Amendment) Regulations 2008 r. 6 Period and duration of interim order An interim order starts either— • when a person's sentence of imprisonment finishes; or • if the sentence of imprisonment has already finished, on the date specified in the interim order; or • immediately on the expiry of an existing extended supervision order; or • if the previous extended supervision order has already expired, on the date specified in the interim order. The court will decide the duration of the interim order. The maximum duration of an interim order is 4 months, unless the court considers that exceptional circumstances exist that require a longer period. Conditions If you are subject to an interim extended supervision order you will be monitored and must comply with the conditions of the interim order. Conditions that the court must impose In addition to other matters, the interim order will specify that— • you must not commit a relevant offence outside or inside Victoria; • you must follow any direction given to you by the Secretary or the Adult Parole Board to go to any place for the purpose of supervision, assessment or monitoring; • you must report to and receive visits from the Secretary or a person nominated by the Secretary; • you must notify the Secretary of any change to your name or employment at least 2 clear working days before any change; • you must not move to a new address without the prior written consent of the Secretary; • you must not leave Victoria without the permission of the Secretary; 4 -- 5 of 10 -- S.R. No. 51/2008 Serious Sex Offenders Monitoring (Amendment) Regulations 2008 r. 6 • you must obey all lawful instructions and directions given to you by the Secretary; • you must obey all lawful instructions and directions given to you by the Adult Parole Board. Instructions and directions of the Adult Parole Board If you are subject to an interim extended supervision order, the Adult Parole Board can give you an instruction or direction about a wide range of matters including— • where you may live; • times when you must be at home; • places or areas which you must not visit or may visit only at specified times; • treatment or rehabilitation programs or activities that you must attend and in which you must participate; • types of employment in which you must not engage; • community activities in which you must not engage; • persons or classes of person with whom you must not have contact; • forms of monitoring compliance with the order, including electronic monitoring, to which you must submit; • personal examinations by a medical expert for which you must attend so that the Adult Parole Board can be assisted in determining the need for any instruction or direction. The Adult Parole Board must give any instruction or direction to you in writing as soon as practicable after giving the instruction or direction. The Adult Parole Board can vary any instruction or direction. The Adult Parole Board must give you written notice of any variation of any instruction or direction as soon as practicable. Instructions and directions of the Secretary If you are subject to an interim extended supervision order, the Secretary can give you any instruction or direction necessary to ensure the effective and efficient implementation and administration of the conditions of the order. 5 -- 6 of 10 -- S.R. No. 51/2008 Serious Sex Offenders Monitoring (Amendment) Regulations 2008 r. 6 HEARING AND DETERMINATION OF APPLICATION FOR AN INTERIM EXTENDED SUPERVISION ORDER Before the hearing— Documents The Secretary must give you— • a copy of the application; and • a notice setting out your rights in relation to the hearing and the procedure for the hearing and determination of the application (this notice). Timing of the hearing Unless the court is satisfied that exceptional circumstances exist, the court will not start hearing the application until the court is satisfied that you have had a reasonable opportunity to obtain legal representation. Legal representation You have the right to be legally represented at the hearing. Unless the court is satisfied that exceptional circumstances exist, the hearing of the application will not begin until the court is satisfied that you have had a reasonable opportunity to obtain legal representation. THE HEARING You must be present during the hearing of the interim application unless— • your actions at the hearing make this impracticable. If this happens the court can order that you be removed and continue to hear the application in your absence; or • you are unable to be present and the court is satisfied that conducting the hearing will not prejudice your interests and the interests of justice require that the hearing takes place in your absence. You may make an application to the court for a suppression order limiting or prohibiting the publication of any evidence given during the proceeding, the contents of any report or document put before the court during the hearing or any information that might enable you or another person who has given evidence in the proceeding to be identified. 6 -- 7 of 10 -- S.R. No. 51/2008 Serious Sex Offenders Monitoring (Amendment) Regulations 2008 r. 6 At the hearing the Secretary will argue that you should be subject to an interim extended supervision order. You have the right to argue that you should not be subject to an interim extended supervision order. The court may make you subject to an interim extended supervision order if it is satisfied— • that the Secretary has applied for an extended supervision order, or renewal of an extended supervision order; and • that you are no longer serving a custodial sentence or will no longer be serving a custodial sentence when the application is determined or in the case of an application by the Secretary for renewal of an extended supervision order, that the extended supervision order has expired or will have expired before the application can be determined; and • that the making of the interim extended supervision order is justified having regard to any matter that the court considers appropriate; and • that it is in the public interest to make the order having regard to the need to adequately protect the community and the reasons why the application for the extended supervision order or renewal of the extended supervision order will not be determined either before the expiry of your custodial sentence or before the expiry of the extended supervision order to which you are currently subject. THE COURT'S DECISION The court will decide whether or not you should be subject to an interim extended supervision order. If the court makes an interim extended supervision order, the court must state that it is satisfied that the making of the interim order is justified and that it is in the public interest to do so. The court must cause a copy of any order to be given to you. YOUR RIGHTS You have the following rights in relation to an application for an interim extended supervision order— • to have the application heard and determined by the *Supreme Court/*County Court; 7 -- 8 of 10 -- S.R. No. 51/2008 Serious Sex Offenders Monitoring (Amendment) Regulations 2008 r. 6 • to be legally represented at the hearing of the application. *Delete if inapplicable". ═══════════════ 8 -- 9 of 10 -- S.R. No. 51/2008 Serious Sex Offenders Monitoring (Amendment) Regulations 2008 Endnotes ENDNOTES 1 Reg. 4: S.R. No. 37/2005. Subsequently amended by S.R. No. 133/2006. 9 -- 10 of 10 --