Serious Sex Offenders Monitoring Regulations 2005

i Serious Sex Offenders Monitoring Regulations 2005 S.R. No. 37/2005 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Definition 1 5. Notice in relation to an application for an extended supervision order 2 6. Notice in relation to an application to review an extended supervision order 2 7. Notice in relation to an application to renew an extended supervision order 2 8. Notice in relation to an appeal relating to an extended supervision order 2 __________________ FORMS 3 Form 1—Notice to Offender of Application for an Extended Supervision Order 3 Form 2—Notice to Offender of Application to Review an Extended Supervision Order 9 Form 3—Notice to Offender of Application to Renew an Extended Supervision Order 13 Form 4—Notice to Offender of Rights Relating to an Appeal 19 ═══════════════ -- 1 of 21 -- 1 STATUTORY RULES 2005 S.R. No. 37/2005 Serious Sex Offenders Monitoring Act 2005 Serious Sex Offenders Monitoring Regulations 2005 The Governor in Council makes the following Regulations: Dated: 24 May 2005 Responsible Minister: TIM HOLDING Minister for Corrections RUTH LEACH Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe forms for the purposes of 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 26 May 2005. 4. Definition In these Regulations— "the Act" means the Serious Sex Offenders Monitoring Act 2005. -- 2 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 2 5. Notice in relation to an application for an extended supervision order For the purpose of section 9(c) of the Act, the prescribed form of notice with respect to an application for an extended supervision order is the form set out in Form 1. 6. Notice in relation to an application to review an extended supervision order For the purposes of sections 9(c) and 22(1) of the Act, the prescribed form of notice with respect to an application to review an extended supervision order is the form set out in Form 2. 7. Notice in relation to an application to renew an extended supervision order For the purposes of sections 9(c) and 24(3) of the Act, the prescribed form of notice with respect to an application to renew an extended supervision order is the form set out in Form 3. 8. Notice in relation to an appeal relating to an extended supervision order For the purpose of section 38(3) of the Act, the prescribed form of notice with respect to an appeal is the form set out in Form 4. __________________ r. 5 -- 3 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 3 FORMS FORM 1 Regulation 5 NOTICE TO OFFENDER OF APPLICATION FOR AN EXTENDED SUPERVISION ORDER Serious Sex Offenders Monitoring Act 2005 Section 9(c) 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 an 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 EXTENDED SUPERVISION ORDER The Secretary has applied to the *Supreme Court/*County Court for an extended supervision order because you have— • committed a relevant offence; • been sentenced to imprisonment for a relevant offence; and • at least one psychologist or psychiatrist has assessed you and formed an opinion about any risk that you will commit another relevant offence if you are released in the community without being subject to an extended supervision order. A copy of the following written assessment reports are with this notice— [state name of report provider and date of report] Form 1 -- 4 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 4 EFFECT OF EXTENDED SUPERVISION ORDER A person subject to an extended supervision order lives in the community and not in prison. If you are subject to an 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 extended supervision order, the court may find you guilty of an offence and impose a penalty of a maximum of 5 years imprisonment. The purposes of an extended supervision order are to— • monitor the person subject to the order so that the community is protected adequately against that person; and • promote the rehabilitation, care and treatment of the person subject to the order. Period and duration of Order An order starts either— • when a person's sentence of imprisonment finishes; or • if the sentence of imprisonment has already finished, the court will set the date on which the order will start. The court will decide the duration of the order. The maximum duration of an order is 15 years. Conditions If you are subject to an extended supervision order you will be monitored and must comply with the conditions of the order. Conditions that the court must impose In addition to other matters, the 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; Form 1 -- 5 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 5 • 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; • 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 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 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. Form 1 -- 6 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 6 HEARING AND DETERMINATION OF APPLICATION FOR AN EXTENDED SUPERVISION ORDER Before the hearing— Documents The Secretary must give you— • a copy of the application; and • a copy of any assessment report that accompanied 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). Assessment Report An assessment report is prepared by a psychologist or psychiatrist who has assessed you and formed an opinion about any risk that you will commit another relevant offence if you are in the community without being subject to an extended supervision order. Timing of the hearing The court will not start hearing the application until at least 25 working days after the application has been made. Legal representation You have the right to be legally represented at the hearing. The hearing of the application will not begin until the court is satisfied that you have had a reasonable opportunity to obtain legal representation. Independent assessment report You have the right to obtain one or more independent assessment reports. If you obtain an independent assessment report you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The hearing will not begin until the court is satisfied that you have had a reasonable opportunity to obtain an independent assessment report. The court may direct you and/or the Secretary to obtain other assessment reports or reports of another kind. Form 1 -- 7 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 7 THE HEARING You must be present during the hearing of the 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 you 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. At the hearing the Secretary will argue that you should be subject to an extended supervision order. You have the right to argue that you should not be subject to an extended supervision order. The court may only make you subject to an extended supervision order if it is satisfied, to a high degree of probability, that you are likely to commit a relevant offence if you are released in the community at the end of your sentence without being subject to an order. When deciding whether or not to make an extended supervision order, the court must take into account any assessment reports filed with the court, any other reports made by or evidence given by a medical expert and it may have regard to anything else that it considers appropriate. You or the Secretary may dispute the whole or any part of an assessment report or report by a medical expert by filing with the court a notice of intention to dispute. This means that once a notice has been filed the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters and have had the opportunity to cross-examine the author of the report. THE COURT'S DECISION The court will decide whether or not you should be subject to an extended supervision order. The court must state the reasons for its decision. The court must cause a copy of any order to be given to you. Form 1 -- 8 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 8 YOUR RIGHTS You have the following rights in relation to an application for an extended supervision order— • to have the application heard and determined by the *Supreme Court/ *County Court; • to be legally represented at the hearing of the application; • to obtain one or more independent assessment reports. If the court makes you subject to an extended supervision order, you have the right— • to appeal against the making of the extended supervision order; and • to seek the permission of the court for it to review the extended supervision order. *Delete if inapplicable __________________ Form 1 -- 9 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 9 FORM 2 Regulation 6 NOTICE TO OFFENDER OF APPLICATION TO REVIEW AN EXTENDED SUPERVISION ORDER Serious Sex Offenders Monitoring Act 2005 Section 22(1) GENERAL INFORMATION To—[Name of offender] This Notice has been served on you because you are subject to an extended supervision order made by the *Supreme Court/*County Court under the Serious Sex Offenders Monitoring Act 2005 and an application has been made to the court for it to review the order to determine whether it should remain in force or whether it should be revoked. 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. REASONS FOR APPLICATION FOR REVIEW OF AN EXTENDED SUPERVISION ORDER Automatic review by the court The court must review an extended supervision order— • at least every 3 years after the order was made; or • within any earlier review date set by the court. Application by the Secretary for review of an Extended Supervision Order The Secretary to the Department of Justice ("the Secretary") may apply at any time to the court for a review of the extended supervision order. The Court is reviewing the extended supervision order because— • an automatic review must be conducted; or • the Secretary has applied for a review. Form 2 -- 10 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 10 HEARING AND DETERMINATION OF APPLICATION FOR REVIEW OF AN EXTENDED SUPERVISION ORDER Before the hearing Documents The Secretary must give you— • a copy of the application; and • a copy of any assessment report that accompanied 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). Assessment Report An assessment report is prepared by a psychologist or psychiatrist who has assessed you and formed an opinion about any risk that you will commit another relevant offence if you are in the community without being subject to an extended supervision order. Timing of the hearing The court will not start hearing the application until at least 25 working days after the application has been made. Legal representation You have the right to be legally represented at the hearing. The hearing will not begin until the court is satisfied that you have had a reasonable opportunity to obtain legal representation. Independent assessment report You have the right to obtain one or more independent assessment reports. If you obtain an independent assessment report you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The hearing will not begin until the court is satisfied that you have had a reasonable opportunity to obtain an independent assessment report. The court may direct you and/or the Secretary to obtain other assessment reports or reports of another kind. Form 2 -- 11 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 11 THE HEARING You must be present during the hearing of the 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 you 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 take 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. At the hearing of the application the Secretary may argue that you should be subject to an extended supervision order. You have the right to argue that you should not be subject to an extended supervision order. The court must revoke the extended supervision order unless it is satisfied to a high degree of probability that you are likely to commit a relevant offence if you are in the community and are not subject to an extended supervision order. When deciding whether or not to make an extended supervision order the court must take into account any assessment reports filed with the court, any other reports made by or evidence given by a medical expert and it may have regard to anything else it considers appropriate. You or the Secretary may dispute the whole or any part of an assessment report or report by a medical expert by filing with the court a notice of intention to dispute. This means that once a notice has been filed the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters and have had the opportunity to cross-examine the author of the report. THE COURT'S DECISION The court that reviews an extended supervision order must state the reasons for its decision. The court must cause a copy of any order to be given to you. Form 2 -- 12 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 12 YOUR RIGHTS You have the right— • to have the application for the review of your extended supervision order heard and determined by the *Supreme Court/*County Court; • to be legally represented at the review of the extended supervision order. *Delete if inapplicable __________________ Form 2 -- 13 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 13 FORM 3 Regulation 7 NOTICE TO OFFENDER OF APPLICATION TO RENEW AN EXTENDED SUPERVISION ORDER Serious Sex Offenders Monitoring Act 2005 Section 24(3) 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 under the Serious Sex Offenders Monitoring Act 2005 to the *Supreme Court/*County Court to renew the extended supervision order that you are subject to. 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 TO RENEW AN EXTENDED SUPERVISION ORDER The Secretary has applied to the *Supreme Court/*County Court asking it to renew the extended supervision order because— • the order will expire soon; and • at least one psychologist or psychiatrist has assessed you and formed an opinion about any risk that you will commit another relevant offence if you are in the community without being subject to an extended supervision order. A copy of the following written assessment reports are with this notice— [state name of report provider and date of report] Form 3 -- 14 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 14 EFFECT OF EXTENDED SUPERVISION ORDER A person subject to an extended supervision order lives in the community and not in prison. If you are subject to an extended supervision order you must— • comply with 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 extended supervision order, the court may find you guilty of an offence and impose a penalty of a maximum of 5 years imprisonment. The purposes of an extended supervision order are to— • monitor the person subject to the order so that the community is protected adequately against that person; and • promote the rehabilitation, care and treatment of the person subject to the order. Period and duration of order An order renewing an extended supervision order starts either— • immediately on the expiry of an existing extended supervision order; or • if the previous order has already expired, the court will set the date on which the order will start. The court will decide the duration of the order. The maximum duration of an order is 15 years. Conditions of an extended supervision order If you are subject to an extended supervision order you will be monitored and must comply with the conditions of the order. Conditions that the court must impose In addition to other matters the 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; Form 3 -- 15 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 15 • 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; • 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 given by the Adult Parole Board If you are subject to an 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 instructions and directions. 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 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. Form 3 -- 16 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 16 HEARING AND DETERMINATION OF APPLICATION TO RENEW AN EXTENDED SUPERVISION ORDER Before the hearing Documents The Secretary must give you— • a copy of the application; and • a copy of any assessment report that accompanied 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). Assessment Report An assessment report is prepared by a psychologist or psychiatrist who has assessed you and formed an opinion about any risk that you will commit another relevant offence if you are in the community without being subject to an extended supervision order. Timing of the hearing The court will not start hearing the application until at least 25 working days after the application has been made. Legal representation You have the right to be legally represented at the hearing. The hearing of the application will not begin until the court is satisfied that you have had a reasonable opportunity to obtain legal representation. Independent assessment report You have the right to obtain one or more independent assessment reports. If you obtain an independent assessment report you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The hearing will not begin until the court is satisfied that you have had a reasonable opportunity to obtain an independent assessment report. The court may direct you and/or the Secretary to obtain other assessment reports or reports of another kind. Form 3 -- 17 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 17 THE HEARING You must be present during the hearing of the 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 you 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. At the hearing the Secretary will argue that you should be subject to a renewed extended supervision order. You have the right to argue that you should not be subject to an extended supervision order. The court may only renew the extended supervision order if it is satisfied, to a high degree of probability, that you are likely to commit a relevant offence if you are in the community without being subject to an order. When the court is deciding whether or not to renew the extended supervision order it must take into account any assessment reports filed with the court, any other reports made by or evidence given by a medical expert and it may have regard to anything else it considers appropriate. You or the Secretary may dispute the whole or any part of an assessment report or report by a medical expert by filing with the court a notice of intention to dispute. This means that the court cannot take the disputed information in any of these reports into consideration unless the person you have had the opportunity to lead evidence on the disputed matters and have had the opportunity to cross-examine the author of the report. THE COURT'S DECISION The court will decide whether or not you should continue to be subject to an extended supervision order. The court must state the reasons for its decision. The court must cause a copy of any order to be given to you. Form 3 -- 18 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 18 YOUR RIGHTS You have the following rights in relation to the application to renew the extended supervision order— • to have the application heard and determined by the *Supreme Court/*County Court; • to be legally represented at the hearing of the application; • to obtain one or more independent assessment reports. If the court decides to renew the extended supervision order, you have the following rights— • to appeal to the Court of Appeal against the renewal of the extended supervision order; and • to seek the permission of the court for it to review the renewed extended supervision order. *Delete if inapplicable __________________ Form 3 -- 19 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 19 FORM 4 Regulation 8 NOTICE TO OFFENDER OF RIGHTS RELATING TO AN APPEAL Serious Sex Offenders Monitoring Act 2005 Section 38(3) To—[Insert name of offender] GENERAL INFORMATION This Notice has been served on you because the Secretary to the Department of Justice ("the Secretary") is making an appeal to the Court of Appeal from a decision of the *Supreme Court/*County Court concerning an extended supervision order under the Serious Sex Offenders Monitoring Act 2005 that involves you as the offender. This Notice provides information about the procedure for hearing and determining the appeal 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. APPEAL FROM DECISION CONCERNING AN EXTENDED SUPERVISION ORDER The Secretary has applied to the Court of Appeal concerning one of the following decisions made by the *Supreme Court/*County Court about the extended supervision order— • The Secretary applied to *Supreme Court/*County Court to make you subject to an extended supervision order and the court decided not to make you subject to an extended supervision order. The Secretary is appealing this decision. • The Secretary applied to the *Supreme Court/*County Court to renew your extended supervision order and the court decided not to renew the order. The Secretary is appealing this decision. • You applied to the *Supreme Court/*County Court to review an extended supervision order and the court decided to revoke the extended supervision order. The Secretary is appealing this decision. Form 4 -- 20 of 21 -- S.R. No. 37/2005 Serious Sex Offenders Monitoring Regulations 2005 20 HEARING AND DETERMINATION OF THE APPEAL Before the Appeal The Secretary must provide you with— • a copy of the notice of appeal; and • a notice setting out your rights in relation to the hearing and the procedure for hearing and determining the appeal (this notice). The Appeal The Court of Appeal may— • confirm the decision made by the *Supreme Court/*County Court; or • if the Court of Appeal considers that an extended supervision order should have been made or renewed it can cancel the decision of the *Supreme Court/*County Court and require that court to hear the matter again. The Court of Appeal may give the court directions about the decision it must make. If the Court of Appeal does not give the court directions the court may make any of the decisions that it was able to make at the first hearing; or • if the Court of Appeal considers that the *Supreme Court/*County Court should not have revoked the original extended supervision order it may cancel the decision to revoke the extended supervision order and revive the extended supervision order. This means that you will be subject to an extended supervision order. RIGHT TO MAKE AN APPLICATION TO THE COURT OF APPEAL You have the right to make an application to the Court of Appeal for a suppression order limiting or prohibiting the publication of any evidence given during the appeal, the contents of any report or document put before the Court of Appeal during the hearing of the appeal or any information that might enable you or another person giving evidence in the appeal to be identified. *Delete if inapplicable ═══════════════ Form 4 -- 21 of 21 --