Serious Offenders Act 2018

Authorised by the Chief Parliamentary Counsel Authorised Version i Serious Offenders Act 2018 No. 27 of 2018 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 4 Offender still serving sentence when on parole 9 5 Safety and protection of community paramount in any decision under this Act 9 6 Nature of proceeding 10 7 Operation of supervision order or interim supervision order 10 Part 2—Assessment of eligible offenders 11 8 Eligible offender 11 9 Secretary may decide to proceed with application for order 12 10 Referral to DPP 13 11 When DPP decides not to apply for detention order 14 Part 3—Supervision orders 15 Division 1—Court in which to commence application 15 12 Court in which to commence application 15 Division 2—Making of supervision order 16 13 Application for supervision order 16 14 Determination of application for supervision order 17 15 Conditions of supervision order 19 16 Content of supervision order 19 17 Copy of supervision order 20 18 Commencement of supervision order 21 19 Period of supervision order 21 20 Suspension of conditions of supervision order 22 21 Expiry of supervision order 22 22 Application for renewal of supervision order 23 23 Progress report may be prepared 24 24 Determination of application for renewal of supervision order 24 25 Renewed supervision order 25 26 Notices in relation to indefinite sentence 25 -- 1 of 326 -- Section Page ii Authorised by the Chief Parliamentary Counsel Division 3—Conditions of supervision order 25 27 Purposes of conditions of supervision order 25 28 Submissions relating to conditions 26 29 Consideration of certificate of available resources 27 30 Court may consider other orders 27 31 Core conditions of supervision order 29 32 Intensive treatment and supervision condition 31 33 Court must consider imposing conditions under sections 34 and 35 33 34 Other conditions relating to residence 33 35 Suggested conditions 34 36 Condition authorising Authority to give directions 36 37 Condition as to firearms and weapons 38 38 Discretion to impose any other condition 39 39 Cancellation of firearms authority etc. 39 Division 4—Restrictive conditions and temporary conditions 40 40 Application for declaration that condition is a restrictive condition 40 41 Court may declare condition to be a restrictive condition 41 42 Temporary conditions 42 Division 5—Extension of intensive treatment and supervision condition 43 43 Application to extend intensive treatment and supervision condition 43 44 Determination of application to extend intensive treatment and supervision condition 44 Part 4—Interim supervision orders 46 45 Definition 46 46 Application for interim supervision order 46 47 Determination of application for interim supervision order 47 48 Content of interim supervision order 49 49 Conditions of interim supervision order 49 50 Condition as to firearms and weapons 49 51 Suspension of firearms authority etc. 50 52 Copy of interim supervision order 50 53 Commencement of interim supervision order 51 54 Period of interim supervision order 51 55 Suspension of conditions of interim supervision order 52 56 Expiry of interim supervision order 53 57 Application to extend interim supervision order 53 58 Determination of application to extend interim supervision order 54 59 Content of order extending interim supervision order 55 -- 2 of 326 -- Section Page iii Authorised by the Chief Parliamentary Counsel 60 Copy of order on application to extend interim supervision order 56 Part 5—Detention orders 57 61 Application for detention order 57 62 Determination of application for detention order 58 63 Finding of unacceptable risk 59 64 Detention order only option 60 65 Content of detention order 61 66 Effect of detention order 62 67 Copy of detention order 62 68 Commencement of detention order 63 69 Period of detention order 63 70 Expiry of detention order 64 71 Application for renewal of detention order 64 72 Progress report may be prepared 66 73 Determination of application for renewal of detention order 66 74 Renewed detention order 67 Part 6—Interim detention orders 68 75 Application for interim detention order 68 76 Determination of application for interim detention order 69 77 Content of interim detention order 71 78 Effect of interim detention order 71 79 Copy of interim detention order 71 80 Commencement of interim detention order 72 81 Period of interim detention order 73 82 Expiry of interim detention order 73 83 Application to extend interim detention order 74 84 Determination of application to extend interim detention order 75 85 Content of order extending interim detention order 75 86 Copy of order on application to extend interim detention order 76 Part 7—Emergency detention orders 77 87 Application for emergency detention order 77 88 Application may be heard and determined in absence of offender 78 89 Determination of application for emergency detention order 78 90 Content of emergency detention order 79 91 Copy of emergency detention order 80 92 Commencement of emergency detention order 80 93 Period of emergency detention order 81 94 Effect of emergency detention order 81 95 Warrant to detain 81 96 Directions in, and authority of, warrant to detain 82 -- 3 of 326 -- Section Page iv Authorised by the Chief Parliamentary Counsel Part 8—Review of orders and conditions 83 97 Applications under this Part 83 98 Progress report must be prepared 83 99 Periodic review of supervision order 84 100 Periodic review of detention order 85 101 Offender serving custodial sentence or in custody on remand at time of review 85 102 Leave for review 85 103 Form of application 86 104 Purpose of review 86 105 Matters to be considered by the court 87 106 Decision on supervision order—general 87 107 Application for detention order and interim detention order during review of supervision order 88 108 Application for review of detention order 89 109 Effect of custodial order on time for review 90 110 Application for review of condition of supervision order or interim supervision order 91 111 Power of court on review of conditions 92 112 Leave not required in certain circumstances for review of core conditions 92 113 Application for review of intensive treatment and supervision condition 93 114 Determination of application for review of intensive treatment and supervision condition 94 Part 9—Appeals 96 Division 1—Appeals relating to orders made under Part 3, 4, 5, 6, 7 or 8 96 115 Appeal by offender 96 116 Appeal by the Secretary 97 117 Appeal by the DPP 98 118 How appeal is commenced 98 119 Conduct of appeal and powers to consider new evidence 99 120 Determination of appeal against decision not to make emergency detention order 99 121 Powers of Court of Appeal 100 122 Court of Appeal may make interim supervision order or interim detention order 102 Division 2—Appeals relating to publication of information 103 123 Appeal relating to publication of information 103 Part 10—Procedure relating to applications 104 124 Exclusion of evidence from disclosure 104 125 Hearing of application 104 -- 4 of 326 -- Section Page v Authorised by the Chief Parliamentary Counsel 126 Directions hearings 106 127 Court may order offender to attend for personal examination 106 128 Attendance of offender at hearings 107 129 Adjournment of hearing 107 130 Legal representation 108 131 Admissibility of evidence 108 132 Matters to which court may have regard 109 133 Reasons for determination 109 134 Victim submission 110 135 Victim submission not to be released to offender without consent 111 136 Power to issue arrest warrant 112 137 Execution of warrant to arrest 113 138 Arrested offender to be brought before court 113 Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders 116 139 Directions by Authority 116 140 Directions by Authority authorised by condition of supervision order or interim supervision order 116 141 Electronic monitoring directions by Authority 116 142 Emergency power of direction 117 143 Urgent review of conditions of supervision order or interim supervision order 118 144 Report to the court 118 145 Instructions 119 146 Notice of directions or instructions 119 147 Offender may make submissions 119 148 Attendance of offender at meetings of Authority 120 149 Decision of Authority on submissions 121 150 Reasons for directions 121 151 Offender may inspect documents with permission of the Authority 122 152 Authority must notify Secretary of certain matters 123 153 Victim submissions 123 154 How victim submissions are dealt with by the Authority 124 Part 12—Contravention of supervision order or interim supervision order 126 Division 1—Holding power if imminent risk of contravention 126 155 Police officer may apprehend and detain offender subject to supervision order or interim supervision order 126 156 Search of detained offender 126 157 Use of reasonable force 127 158 Procedural requirements after apprehension 127 159 Duration of detention 128 -- 5 of 326 -- Section Page vi Authorised by the Chief Parliamentary Counsel 160 No questioning during detention 128 161 Secretary to be notified of apprehension and detention 129 Division 2—Power of arrest 129 162 Police officer may arrest without warrant 129 163 Entry and search of premises in order to arrest offender 129 164 Announcement before entry 132 165 Warning that search or seizure is to occur and that reasonable force may be used 133 166 Reporting of use of force 133 167 Reporting of use of power of entry 133 168 Power to arrest offender in residential treatment facility suspected of contravening supervision order or interim supervision order 134 Division 3—Contravention of supervision order or interim supervision order 135 169 Offence to contravene supervision order or interim supervision order 135 170 Authority may inquire into contravention 135 171 Procedure on inquiry 136 172 Serious contravention 137 173 Commencement of criminal proceeding for offence against section 169 138 174 Supreme Court or County Court may conduct summary hearing 139 175 Transfer of proceeding for related summary offence 140 176 Hearing and determination of related summary offence by Supreme Court or County Court 140 177 Failure to attend 141 Part 13—Management of offenders 143 Division 1—Management of offenders at residential facilities 143 178 Appointment of residential facility 143 179 Purpose of residential facility 143 180 Management of residential facility 144 181 Persons working at residential facility to be subject to direction 144 182 Duties of supervision officers and specified officers 144 183 Officers may give instructions 146 184 Officers may use force to enforce instructions in certain circumstances 146 185 Offender entitled to enter and leave residential facility 147 186 Access to residential facility 147 187 Visitors 148 188 Exclusion of visitors for safety reasons 149 -- 6 of 326 -- Section Page vii Authorised by the Chief Parliamentary Counsel 189 Visitors to give certain information 149 190 Offences relating to operation or possession of remotely- piloted aircraft or helicopter 150 191 Officer in charge may give authorisation for operation of remotely-piloted aircraft or helicopter 151 192 Arrest of person for offence relating to operation or possession of remotely-piloted aircraft or helicopter 152 193 Photographing 152 194 Reporting of use of force or application of authorised instrument of restraint 152 Division 2—Management of offenders at residential treatment facilities 153 195 Appointment of residential treatment facility 153 196 Purpose of residential treatment facility 154 197 Application of Division 1 154 198 Offender movement in residential treatment facility 154 199 Offender must not enter and leave residential treatment facility other than in accordance with supervision order, treatment and supervision plan, etc. 155 200 Offenders' rights 155 201 Certain letters may be inspected 159 202 Letter register 159 203 Visits by Judges or independent prison visitors 160 204 Visit by independent prison visitor 160 205 Exclusion of visitors and termination of visits for safety and security reasons 161 Division 3—Management of offenders at other places 162 206 Application of Division 162 207 Management of offender 162 208 Officers to be subject to direction 162 209 Officer may give instructions 163 210 Reporting of use of force 164 Division 4—Alcohol and drug testing of offenders 164 211 Definitions 164 212 Application of Division 165 213 Testing of offenders by officers 165 214 Secretary to approve test procedures 165 215 Taking of samples of drugs and alcohol 165 216 Testing of offenders by police officers 166 Part 14—Entry, search and seizure 167 Division 1—Definitions 167 217 Definitions 167 -- 7 of 326 -- Section Page viii Authorised by the Chief Parliamentary Counsel Division 2—General search and seizure powers 167 218 Search powers 167 219 Seizure and examination powers 168 220 Warning that search or seizure is to occur and that reasonable force may be used 169 221 Reporting of use of force 169 Division 3—Search and seizure in respect of offenders residing at residential facilities or residential treatment facilities 170 222 Definition 170 223 Search outside premises 171 224 Search inside premises 172 225 Seizure and examination at premises 175 Division 4—Search and seizure in respect of offenders residing at places other than residential facilities or residential treatment facilities 176 226 Application of Division 176 227 Search of offenders residing at places other than residential facilities or residential treatment facilities 176 228 Seizure and examination of offenders at other places 177 229 Powers of entry and search by police officer 178 230 Announcement before entry 180 231 Report to Authority 180 Division 5—Computers and other devices 181 232 Definitions 181 233 Offender to comply with direction 182 234 Entry and search if offender fails to comply 182 235 Seizure and examination if offender fails to comply 183 236 Officer may direct offender to provide assistance—computers and other devices 184 Division 6—General provisions relating to seized things 186 237 Register of things seized by police officers 186 238 Register of things seized by officers other than police officers 186 239 Things seized by officers must be photographed or otherwise recorded 187 240 Officer must provide receipt for seized things 187 241 Retention by Chief Commissioner of Police or Commissioner of seized things 188 242 Return of seized things if grounds for seizure no longer applies 190 243 Return of seized things—retrieval notices 190 244 Return of seized property—application to Magistrates' Court 192 245 Chief Commissioner of Police or Commissioner may apply to Magistrates' Court for disposal or destruction order 192 -- 8 of 326 -- Section Page ix Authorised by the Chief Parliamentary Counsel 246 Proceeds of sale or disposal to be paid into Consolidated Fund 194 247 Destruction or disposal of seized things with owner's consent 194 248 No liability for use of force in accordance with certain provisions 194 Part 15—Removal of electronic monitoring devices and equipment 196 249 Application 196 250 Definition 197 251 Who may remove electronic monitoring devices and equipment 197 252 Removal of electronic monitoring devices and equipment 198 253 Commissioner may authorise employee to exercise powers of officer 198 Part 16—Management of offenders subject to detention orders, interim detention orders or emergency detention orders 199 254 Application 199 255 Status of offender on detention order, interim detention order or emergency detention order 199 256 Function of Authority in relation to detention orders, interim detention orders and emergency detention orders 200 Part 17—Change of name 201 257 Application of Part 201 258 Definitions 201 259 Applications for change of name by or on behalf of an offender 201 260 Approval by Authority 202 261 Approval to be notified in writing 202 262 Registration of change of name 202 263 Registrar may correct Register 203 264 Information sharing between the Secretary and the Victorian Registrar 203 265 Notice to Secretary 204 Part 18—Reports and plans 205 Division 1—Preparation of assessment reports and progress reports 205 266 Secretary may direct eligible offender to attend examination or assessment 205 267 Assessment report or progress report to be prepared by medical expert 206 268 Additional assessment 206 269 Content of assessment report 206 270 Content of progress report 208 -- 9 of 326 -- Section Page x Authorised by the Chief Parliamentary Counsel Division 2—Disputed reports 209 271 Notice of intention to dispute report 209 272 Disputed report—application for interim order or emergency detention order 209 273 Disputed report—application for any other order 210 Division 3—Preparation of treatment and supervision plans 210 274 Treatment and supervision plan 210 275 Provision of treatment and supervision plan to Authority and responsible agencies 211 Part 19—Restriction and sharing of information 212 Division 1—Publication 212 276 Definition 212 277 Offence to publish certain information 212 278 Order authorising publication 213 279 Order restricting publication of offender's identity 214 280 Matters to which court must have regard 214 281 Offence to publish information 215 Division 2—Recording and sharing of information 215 282 Record of eligible offenders 215 283 Additional information to be obtained by Secretary 215 284 Sharing of information 216 285 Guidelines for disclosure 223 286 Sharing information with responsible person 223 287 Sharing information with health care providers 223 288 Disclosure of certain information is not contravention of section 4 of Judicial Proceedings Reports Act 1958 224 289 Exemption from Freedom of Information Act 1982 224 Part 20—Post Sentence Authority 227 Division 1—Continuation of Authority 227 290 Continuation of Post Sentence Authority 227 291 Functions of Authority 227 292 Powers of Authority 229 293 Membership of Authority 229 294 Chairperson and deputy chairperson of Authority 230 295 Acting appointments 231 296 Terms and conditions of office 232 297 Chairing of meetings 233 298 Meetings 233 299 Validity of acts or decisions of Authority 234 300 Vacancies, resignations and removal from office 234 301 Employees and contractors 235 -- 10 of 326 -- Section Page xi Authorised by the Chief Parliamentary Counsel 302 Member may act on behalf of Authority 236 Division 2—Notices to produce or attend 236 303 Power of Authority to compel production of documents and other things or attendance of witnesses 236 304 Person may dispute notice to produce or notice to attend 237 305 Variation or revocation of notice to produce or notice to attend 238 306 Service of notice to produce or notice to attend 238 307 Powers in relation to documents and other things produced 240 308 Power to compel attendance or production does not affect power of Authority to direct or instruct offenders 240 309 Appearance by audio visual link 241 310 Notice to attend served on person serving custodial sentence or in custody on remand 242 311 Power to take evidence on oath or by affirmation 242 312 Offence to fail to comply with a notice to produce or attend 243 313 Offence to fail to take oath, make affirmation or answer question 243 Division 3—Miscellaneous matters 244 314 Protection of participants at Authority meeting 244 315 Immunity of member of Authority 245 316 Annual report 245 317 Other reports 249 318 Information to be provided to Authority 249 Division 4—Security at Authority premises 250 319 Functions of security officers 250 320 Search and seizure powers of security officers 250 321 Warning that search or seizure is to occur and that reasonable force may be used 251 322 Security officer may give directions 251 323 Security officer may arrest without warrant 252 324 Seizure of things—reporting and recording 253 325 Reporting of use of force or application of instrument of restraint 253 326 Seized things 253 327 No liability 253 Part 21—Cooperation and coordination between responsible agencies 254 328 Application of Part 254 329 Responsible agency must act in accordance with principle of shared responsibility 254 330 Responsible agencies must establish panel 254 331 Responsible agencies to agree on coordinated services plan for each offender 254 -- 11 of 326 -- Section Page xii Authorised by the Chief Parliamentary Counsel 332 Content of coordinated services plan 255 333 Responsible agencies to give copy of plan to Authority 256 334 Authority to review coordinated services plans 256 335 Responsible agencies to review and report on coordinated services plan 256 336 Expiry of plan 257 337 Responsible agency may seek services or advice 258 338 Delegation 258 339 Legal rights not affected 258 Part 22—General 259 340 Persons authorised to act as specified officers 259 341 Sex offender registration order under Sex Offenders Registration Act 2004 259 342 Service of documents 260 343 Costs 261 344 Certificate of available resources 261 345 Delegation by Secretary 261 346 Delegation by Commissioner 262 347 Grants by Minister 262 348 Review of Act 262 349 Regulations 262 Part 23—Repeal and transitional provisions 265 350 Repeal 265 351 Savings and transitional provisions 265 Part 24—Consequential amendment of other Acts 266 352 Bail Act 1977 266 353 Civil Procedure Act 2010 266 354 Corrections Act 1986—new Division 2 inserted in Part 1A 266 355 Corrections Act 1986—other consequential amendments 269 356 Criminal Organisations Control Act 2012 276 357 Criminal Procedure Act 2009 277 358 Disability Act 2006 277 359 Firearms Act 1996 277 360 Health Records Act 2001 279 361 Open Courts Act 2013 279 362 Privacy and Data Protection Act 2014 280 363 Public Prosecutions Act 1994 280 364 Sentencing Act 1991 280 365 Sex Offenders Registration Act 2004 281 366 Surveillance Devices Act 1999 283 367 Supreme Court Act 1986 283 368 Transport (Compliance and Miscellaneous) Act 1983 283 369 Working with Children Act 2005 284 370 Wrongs Act 1958 286 -- 12 of 326 -- Section Page xiii Authorised by the Chief Parliamentary Counsel 371 Victims' Charter Act 2006 286 372 Repeal of amending Part 287 Schedule 1—Serious sex offences 288 Schedule 2—Serious violence offences 296 Schedule 3—Additional offences not to be committed as core conditions of supervision order 298 Schedule 4—Savings and transitional provisions 301 ═════════════ Endnotes 313 1 General information 313 -- 13 of 326 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Serious Offenders Act 2018† No. 27 of 2018 [Assented to 26 June 2018] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) primarily, to provide for enhanced protection of the community by requiring offenders who have served custodial sentences for certain serious sex offences or certain serious violence offences and who present an unacceptable risk of harm to the community to be subject to ongoing detention or supervision; and Victoria -- 14 of 326 -- Part 1—Preliminary Serious Offenders Act 2018 No. 27 of 2018 2 Authorised by the Chief Parliamentary Counsel (b) secondly, to facilitate the treatment and rehabilitation of those offenders; and (c) to repeal the Serious Sex Offenders (Detention and Supervision) Act 2009 and consequentially amend other Acts. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 25 March 2019, it comes into operation on that day. 3 Definitions In this Act— Adult Parole Board means the Adult Parole Board established under the Corrections Act 1986; assessment report means a report referred to in section 269; authorised instrument of restraint means an instrument, or a type of instrument, that is approved under section 55D of the Corrections Act 1986 and is used in the manner determined by the Secretary under that section; Authority means the Post Sentence Authority continued in existence under section 290; certificate of available resources means a certificate referred to in section 344; Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013; -- 15 of 326 -- Part 1—Preliminary Serious Offenders Act 2018 No. 27 of 2018 3 Authorised by the Chief Parliamentary Counsel Commissioner means the person employed as Commissioner under section 8A of the Corrections Act 1986; community corrections officer has the same meaning as in the Corrections Act 1986; coordinated services plan means a plan referred to in section 332; core conditions, in relation to a supervision order or an interim supervision order, means the conditions set out in section 31; custodial sentence means— (a) a sentence imposed by a court that an offender serve a term of imprisonment; or (b) that part of an old combined custody and treatment order (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991) which an offender serves in a prison; or (c) that part of a sentence imposed by a court that an offender be detained in a youth justice centre which an offender serves in a prison or police gaol (excluding any period in a prison or police gaol solely on a temporary basis pending transfer to or from a youth justice centre); or (d) an order made under section 18M of the Sentencing Act 1991; or (e) an order made under section 31(5)(a) or (b) of the Sentencing Act 1991 (as in force before its repeal); or -- 16 of 326 -- Part 1—Preliminary Serious Offenders Act 2018 No. 27 of 2018 4 Authorised by the Chief Parliamentary Counsel (f) an order made under section 83AR(1)(a) or (b) of the Sentencing Act 1991 (as in force before its repeal); or (g) a court secure treatment order made under section 94B of the Sentencing Act 1991 or an order taken to be a court secure treatment order by section 94G of that Act— but does not include— (h) a suspended sentence of imprisonment except as provided in paragraph (e) or (f); or (i) a drug treatment order referred to in section 18ZT of the Sentencing Act 1991; or (j) an intensive correction order made under section 19 of the Sentencing Act 1991 (as in force before its repeal); or (k) a community correction order made under Part 3A of the Sentencing Act 1991; or (l) an order made under section 59 of the Corrections Act 1986 (as in force before its repeal); designated mental health service has the same meaning as in the Mental Health Act 2014; detention order means an order made under section 62 or 73 and includes any extension of the order; DPP means the Director of Public Prosecutions for Victoria; -- 17 of 326 -- Part 1—Preliminary Serious Offenders Act 2018 No. 27 of 2018 5 Authorised by the Chief Parliamentary Counsel eligible offender has the meaning set out in section 8; emergency detention order means an order made under section 89 or 120; firearms authority means a licence, permit or other authority under the Firearms Act 1996 to possess, carry or use firearms; garment search means a search of any article of clothing worn by a person or in the person's possession, where the article of clothing is touched or removed from the person's body; immigration detention has the same meaning as in section 5 of the Migration Act 1958 of the Commonwealth; indefinite sentence has the same meaning as in the Sentencing Act 1991; intensive treatment and supervision condition means a condition on a supervision order imposed under section 32; interim detention order means an order made under section 76 or 122; interim supervision order means an order made under section 47 or 122; law enforcement agency means— (a) Victoria Police; or (b) the Australian Federal Police; legal practitioner means an Australian legal practitioner; medical expert means— (a) a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the -- 18 of 326 -- Part 1—Preliminary Serious Offenders Act 2018 No. 27 of 2018 6 Authorised by the Chief Parliamentary Counsel speciality of psychiatry (other than as a student); or (b) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or (c) a person who is qualified or registered to practise psychology in a place outside Australia; or (d) any other health service provider (within the meaning of the Health Complaints Act 2016) of a prescribed kind; notice to attend means a notice served under section 303 requiring a person to attend a meeting of the Authority; notice to produce means a notice served under section 303 requiring a person to produce a specified document or other thing to the Authority; officer in charge means— (a) in the case of a residential facility, the officer in charge of the residential facility; or (b) in the case of a residential treatment facility, the officer in charge of the residential treatment facility; or (c) in the case of any other place where an offender resides, the Commissioner; pat-down search means a search of a person where the person's clothed body is touched; physical examination means an examination of a person's body that involves touching of the person or removal of the person's clothing; -- 19 of 326 -- Part 1—Preliminary Serious Offenders Act 2018 No. 27 of 2018 7 Authorised by the Chief Parliamentary Counsel police gaol has the same meaning as in the Corrections Act 1986; prison has the same meaning as in the Corrections Act 1986; prison officer has the same meaning as in the Corrections Act 1986; progress report means a report referred to in section 270; registered dentist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dentist (other than as a student); and (b) in the dentists division of that profession; registered nurse means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and (b) in the registered nurses division of that profession; remotely-piloted aircraft includes the controls for the aircraft; residential facility means premises appointed under section 178 to be a residential facility; residential treatment facility means premises appointed under section 195 to be a residential treatment facility; -- 20 of 326 -- Part 1—Preliminary Serious Offenders Act 2018 No. 27 of 2018 8 Authorised by the Chief Parliamentary Counsel responsible agency means— (a) the Secretary; or (b) the Secretary to the Department of Health and Human Services; or (c) the Chief Commissioner of Police; or (d) a prescribed person or body, if any; restrictive condition means— (a) a core condition referred to in section 31(2), (3), (4), (5), (7) or (9); or (b) a condition declared under section 41 to be a restrictive condition; scanning search means a search of a person, or of the property of a person, using an electronic or other device, during which the person is not touched; Secretary means the Secretary to the Department of Justice and Regulation; security officer has the same meaning as in the Corrections Act 1986; serious sex offence means an offence referred to in Schedule 1; serious violence offence means an offence referred to in Schedule 2; specified officer means a person authorised to act as a specified officer under section 340; supervision officer means— (a) a community corrections officer; or (b) an employee in the public service who is working at a residential facility or a residential treatment facility and is engaged in the supervision of offenders -- 21 of 326 -- Part 1—Preliminary Serious Offenders Act 2018 No. 27 of 2018 9 Authorised by the Chief Parliamentary Counsel or the day to day management of the facility; supervision order means an order made under section 14, 24 or 62 and includes any extension of the order; treatment and supervision plan means a plan referred to in section 274; weapons approval means an approval under section 8C of the Control of Weapons Act 1990; weapons exemption means an exemption granted under section 8B of the Control of Weapons Act 1990; working day— (a) in relation to a court, means a day on which the offices of the court are open; and (b) in relation to the Secretary, means a day on which the principal office of the Department of Justice and Regulation is open. 4 Offender still serving sentence when on parole For the purposes of this Act, an offender is serving a custodial sentence even if the offender is released on parole under the Corrections Act 1986 in respect of the sentence. 5 Safety and protection of community paramount in any decision under this Act In making any decision under this Act, a person or body must give paramount consideration to the safety and protection of the community. -- 22 of 326 -- Part 1—Preliminary Serious Offenders Act 2018 No. 27 of 2018 10 Authorised by the Chief Parliamentary Counsel 6 Nature of proceeding (1) A proceeding under this Act in a court is civil in nature, unless otherwise provided by this Act . (2) A proceeding referred to in subsection (1) is not a civil proceeding to which the rules regulating the practice and procedure of a court in a civil proceeding apply. Note Section 4(2)(j) of the Civil Procedure Act 2010 provides that that Act does not apply to proceedings under the Serious Offenders Act 2018. 7 Operation of supervision order or interim supervision order For the avoidance of doubt, it is intended that a supervision order or an interim supervision order operates to the extent that it can validly do so. -- 23 of 326 -- Part 2—Assessment of eligible offenders Serious Offenders Act 2018 No. 27 of 2018 11 Authorised by the Chief Parliamentary Counsel Part 2—Assessment of eligible offenders 8 Eligible offender (1) A person is an eligible offender if the person is of or over the age of 18 years and— (a) the Supreme Court or the County Court or an equivalent court of another State or a Territory has at any time (whether before, on or after the commencement of this Act) imposed on the person, whether at first instance or on appeal from the Supreme Court or the County Court, a custodial sentence for a serious sex offence or a serious violence offence; and (b) the person is serving in Victoria— (i) the custodial sentence referred to in paragraph (a), whether or not the sentence is being served concurrently with or cumulatively on a custodial sentence for another offence; or (ii) a custodial sentence for another offence that is being served cumulatively on the custodial sentence referred to in paragraph (a) that has been served, irrespective of when the sentence was imposed; or (iii) a custodial sentence for another offence that is being served cumulatively on the custodial sentence referred to in subparagraph (ii) that has been served, irrespective of when the sentence was imposed. (2) A person is an eligible offender if— (a) the person is remanded in custody or is serving a custodial sentence for any offence; and -- 24 of 326 -- Part 2—Assessment of eligible offenders Serious Offenders Act 2018 No. 27 of 2018 12 Authorised by the Chief Parliamentary Counsel (b) at the time when the person was remanded in custody or began to serve the custodial sentence, the person— (i) was the subject of an application for a supervision order, a detention order or an emergency detention order; or (ii) was subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order. (3) A person is an eligible offender if the person is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order, whether or not the person is remanded in custody or is serving a custodial sentence. (4) Despite any other provision of this section, a person is not an eligible offender if on appeal— (a) the conviction or finding of guilt in respect of the serious sex offence or serious violence offence by reason of which the person is an eligible offender is set aside; or (b) the custodial sentence is varied and a different sentence is imposed such that the person is not an eligible offender. 9 Secretary may decide to proceed with application for order (1) The Secretary may decide— (a) to apply under section 13 for a supervision order in respect of an eligible offender; or (b) not to proceed under paragraph (a). (2) If the Secretary considers that an application for a detention order should be made, the Secretary must refer to the DPP the question of whether or -- 25 of 326 -- Part 2—Assessment of eligible offenders Serious Offenders Act 2018 No. 27 of 2018 13 Authorised by the Chief Parliamentary Counsel not to apply under section 61 for a detention order in respect of an eligible offender. (3) For the purposes of subsections (1)(a) and (2), the Secretary— (a) must have regard to an assessment report in respect of the eligible offender; and (b) may have regard to any other report, information or matter that the Secretary considers relevant. (4) For the purposes of subsection (1)(b), the Secretary may have regard to— (a) an assessment report in respect of the eligible offender; and (b) any other report, information or matter that the Secretary considers relevant. (5) If the Secretary refers a question to the DPP under subsection (2), the Secretary must give to the DPP— (a) a copy of the assessment report to which the Secretary had regard under subsection (3); and (b) any other report or information requested by the DPP. (6) Nothing in this section requires the Secretary to apply for a supervision order in respect of an eligible offender. Note Part 18 sets out requirements for an assessment report. 10 Referral to DPP (1) On a referral under section 9(2), the DPP must decide whether or not to apply under section 61 for a detention order in respect of the eligible offender. -- 26 of 326 -- Part 2—Assessment of eligible offenders Serious Offenders Act 2018 No. 27 of 2018 14 Authorised by the Chief Parliamentary Counsel (2) For the purposes of subsection (1), the DPP— (a) must have regard to the assessment report in respect of the eligible offender; and (b) may have regard to any other report, information or matter that the DPP considers relevant. (3) Nothing in this section requires the DPP to apply for a detention order in respect of an eligible offender. (4) If the DPP decides not to apply for a detention order, the DPP may refer the matter back to the Secretary. 11 When DPP decides not to apply for detention order If the DPP decides not to apply for a detention order, whether or not the DPP refers the matter back to the Secretary, the Secretary may decide— (a) to apply under section 13 for a supervision order in respect of the eligible offender; or (b) not to proceed under paragraph (a). -- 27 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 15 Authorised by the Chief Parliamentary Counsel Part 3—Supervision orders Division 1—Court in which to commence application 12 Court in which to commence application (1) Unless the context otherwise requires, the court in which an application under this Part is to be commenced is the Supreme Court or the County Court, being the court referred to in section 8(1)(a) that sentenced the offender to the custodial sentence. (2) If an offender was sentenced by an equivalent court of another State or a Territory and is an eligible offender, the court in which an application under this Part is to be commenced is the Supreme Court or the County Court, being the equivalent court to the court that sentenced the offender. (3) If, on appeal from the Supreme Court or the County Court, a custodial sentence is imposed on an offender, an application under this Part is to be commenced in the court from which the appeal was brought. (4) If an offender is subject to a detention order or an interim detention order, the court in which an application under this Part is to be commenced is— (a) the court referred to in subsection (1); or (b) the Supreme Court. -- 28 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 16 Authorised by the Chief Parliamentary Counsel Division 2—Making of supervision order 13 Application for supervision order (1) The Secretary may apply to the court referred to in section 12 for a supervision order in respect of a person who is an eligible offender at the time when the application is commenced. (2) An application under subsection (1) is commenced by filing— (a) a notice of application in accordance with the rules of court, if any; and (b) at least one assessment report in respect of the eligible offender; and (c) if the Secretary intends to request the imposition of an intensive treatment and supervision condition, a treatment and supervision plan. (3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender— (a) a copy of the notice of application; and (b) a copy of each document filed with the application; and (c) a notice (in the prescribed form, if any) setting out— (i) the rights of an eligible offender in relation to the application, including rights of appeal; and (ii) the procedure for the hearing and determination of the application; and (iii) the nature of a supervision order. -- 29 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 17 Authorised by the Chief Parliamentary Counsel (4) An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4). Notes 1 See section 342 for service of documents. 2 See section 124 for exclusion of evidence from disclosure to an offender. 3 See Part 10 for the procedure relating to an application. 14 Determination of application for supervision order (1) On an application under section 13, the court may make a supervision order in respect of an eligible offender if, and only if, the court is satisfied that— (a) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious sex offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a supervision order is not made and the offender is in the community; or (b) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious violence offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a supervision order is not made and the offender is in the community. -- 30 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 18 Authorised by the Chief Parliamentary Counsel (2) In determining whether an offender poses or will pose an unacceptable risk under subsection (1)— (a) the court must have regard to— (i) subject to section 273, any assessment report or progress report filed in relation to the application, whether by the Secretary or the offender; and (ii) any other report filed, tendered or made, or evidence given, in relation to the application; and (iii) any other matter the court considers appropriate; and (b) the court must not have regard to— (i) the means of managing the risk; or (ii) the likely impact of a supervision order on the offender. (3) For the purposes of subsection (1), the court must be satisfied by acceptable, cogent evidence to a high degree of probability that the offender poses or will pose an unacceptable risk. (4) The court may determine that an offender poses or will pose an unacceptable risk under subsection (1) even if the likelihood that the offender will commit a serious sex offence or a serious violence offence or both is less than more likely than not. (5) The Secretary has the burden of proving that an offender poses or will pose an unacceptable risk under subsection (1). (6) If the court is satisfied as required by subsection (1), the court may— (a) make a supervision order; or (b) make no order. -- 31 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 19 Authorised by the Chief Parliamentary Counsel (7) The court may hear and determine an application under section 13 even if the offender has ceased to be an eligible offender because— (a) the custodial sentence has been served or has expired; or (b) the offender is no longer subject to a detention order. (8) The court may hear and determine an application under section 13 even if the offender is remanded in custody or is serving a custodial sentence. 15 Conditions of supervision order A supervision order is subject to the core conditions set out in section 31 and any other conditions that the court imposes under Division 3. 16 Content of supervision order (1) A supervision order must state that the court is satisfied that the offender poses an unacceptable risk of committing— (a) a serious sex offence; or (b) a serious violence offence; or (c) both a serious sex offence and a serious violence offence— if a supervision order is not made and the offender is in the community. (2) A supervision order must specify— (a) the name of the offender in respect of whom the order is made; and (b) the date on which the order is made; and (c) the date on which the order commences under section 18; and (d) the period of the order under section 19; and -- 32 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 20 Authorised by the Chief Parliamentary Counsel (e) the conditions of the order under section 15; and (f) if the order is subject to an intensive treatment and supervision condition— (i) the period of the condition; and (ii) the latest date by which an application for the first review of the condition must be made under section 113; and (g) the latest date by which an application for the first review of the order must be made under Part 8 and the maximum intervals between subsequent reviews. (3) A supervision order must be signed by the judge constituting the court that made it and include the name of the judge. 17 Copy of supervision order (1) As soon as practicable after the making of a supervision order, the Secretary must give a copy of the order to— (a) the Authority; and (b) the Adult Parole Board if the offender is serving a custodial sentence when the order is made. (2) If the offender commences serving a custodial sentence before the expiry or revocation of the supervision order, the Secretary must give as soon as practicable a copy of the order to the Adult Parole Board. -- 33 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 21 Authorised by the Chief Parliamentary Counsel 18 Commencement of supervision order (1) Subject to subsection (2), a supervision order commences— (a) if the offender is serving a custodial sentence when the supervision order is made, on the day on which the offender completes the custodial sentence or any consecutive or concurrent custodial sentence, whichever is later; or (b) if the offender is remanded in custody when the supervision order is made, on the day on which the offender is released from custody; or (c) if the offender is in immigration detention when the supervision order is made, on the day on which the offender is released from immigration detention; or (d) in any other case, on the date specified in the supervision order. (2) A supervision order that has been renewed commences on the date specified in the renewed supervision order. 19 Period of supervision order (1) Unless sooner revoked, the period of a supervision order is a period not exceeding 15 years specified by the court in the order. (2) Any time spent in custody on remand or serving a custodial sentence during the period of a supervision order that has commenced counts in calculating the period of the supervision order. (3) Any time spent in detention subject to an emergency detention order during the period of a supervision order that has commenced counts in calculating the period of the supervision order. -- 34 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 22 Authorised by the Chief Parliamentary Counsel (4) Any time spent in immigration detention during the period of a supervision order that has commenced does not count in calculating the period of the supervision order. (5) If an offender is subject to a supervision order and is sentenced to a community correction order (within the meaning of the Sentencing Act 1991), the community correction order is to be served concurrently with the supervision order. 20 Suspension of conditions of supervision order (1) Subject to subsection (2), the conditions of a supervision order are suspended during any time spent in custody on remand, serving a custodial sentence, in detention subject to an emergency detention order or in immigration detention during the period of the supervision order. (2) The conditions of a supervision order are not suspended during a period when the offender is released on parole. 21 Expiry of supervision order A supervision order expires on the first of the following to occur— (a) at the end of its period of operation; (b) on its revocation by a court under this Act; (c) on the commencement of another supervision order or a detention order or interim detention order replacing it; (d) on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; (e) on the death of the offender. Note On the expiry of a supervision order, any directions given by the Authority under the order no longer apply. -- 35 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 23 Authorised by the Chief Parliamentary Counsel 22 Application for renewal of supervision order (1) At any time before the expiry of a supervision order in respect of an eligible offender, the Secretary may apply to the court that made the supervision order for the renewal of the order. (2) An application under subsection (1) is commenced by filing— (a) a notice of application in accordance with the rules of court, if any; and (b) at least one assessment report or the latest progress report in respect of the offender. (3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender— (a) a copy of the notice of application; and (b) a copy of the assessment report or progress report filed with the application; and (c) a notice (in the prescribed form, if any) setting out— (i) the rights of an offender in relation to the application, including rights of appeal; and (ii) the procedure for the hearing and determination of the application; and (iii) the nature of a supervision order. (4) An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4). (5) An application for the renewal of a supervision order may be made more than once. -- 36 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 24 Authorised by the Chief Parliamentary Counsel (6) An application for the renewal of a supervision order may be made even if the offender is remanded in custody or is serving a custodial sentence. Notes 1 See section 342 for service of documents. 2 See section 124 for exclusion of evidence from disclosure to an offender. 3 See Part 10 for the procedure relating to an application. 23 Progress report may be prepared The Secretary may cause a progress report to be prepared in respect of an eligible offender for the purposes of an application for the renewal of a supervision order. Note Part 18 sets out requirements for a progress report. 24 Determination of application for renewal of supervision order (1) On an application under section 22, the court may— (a) renew the supervision order; or (b) revoke the supervision order; or (c) make no order under paragraph (a) or (b). (2) An application for the renewal of a supervision order may be heard and determined despite the expiry of the supervision order sought to be renewed. (3) Subject to this section, section 14 applies to the determination of an application under section 22 as if a reference to an application under section 13 were a reference to an application under section 22. -- 37 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 25 Authorised by the Chief Parliamentary Counsel (4) If the court renews a supervision order, it may— (a) vary, add or remove any condition of the order; or (b) vary the maximum intervals between applications for review of the order. (5) If the court renews a supervision order, the existing supervision order, if any, is revoked on the commencement of the supervision order that is renewed. (6) The period of a supervision order that is renewed is the period specified under section 19(1). 25 Renewed supervision order (1) This Act applies to a supervision order that is renewed in the same way as it applies to any other supervision order. (2) The expiry of a supervision order sought to be renewed does not prevent the renewal of the order. 26 Notices in relation to indefinite sentence (1) The DPP must notify the Secretary as soon as practicable after an indefinite sentence is imposed on an offender who is subject to a supervision order. (2) As soon as practicable after being notified under subsection (1), the Secretary must give notice of the indefinite sentence and of its effect on the supervision order to the Authority. Division 3—Conditions of supervision order 27 Purposes of conditions of supervision order (1) The primary purpose of the conditions of a supervision order is to reduce the risk of the offender re-offending by committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3. -- 38 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 26 Authorised by the Chief Parliamentary Counsel (2) The secondary purpose of the conditions of a supervision order is to provide for the reasonable concerns of the victim or victims of the offender in relation to their own safety and welfare. (3) In order to reduce the risk of the offender re-offending, the conditions may— (a) promote the rehabilitation and treatment of the offender; and (b) address types of behaviour that may increase the risk of the offender— (i) committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or (ii) engaging in any behaviour or conduct that threatens the safety of any person (including the offender). (4) The court must ensure that any conditions of a supervision order (other than the core conditions)— (a) constitute the minimum interference with the offender's liberty, privacy or freedom of movement that is necessary in the circumstances to ensure the purposes of the conditions; and (b) are reasonably related to the gravity of the risk of the offender re-offending. 28 Submissions relating to conditions (1) The Secretary and the offender may make submissions to the court in relation to the conditions of a supervision order. Note A victim of the offender may also make a submission—see sections 134 and 135. -- 39 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 27 Authorised by the Chief Parliamentary Counsel (2) Before imposing any condition (other than a core condition) on a supervision order, the court— (a) must consider any victim submission it receives under section 134 in relation to the matter; and (b) may give the submission the weight that the court thinks fit. 29 Consideration of certificate of available resources (1) In considering the conditions (other than the core conditions) to impose on a supervision order, the court must consider any certificate of available resources provided by the Secretary. (2) The court must not impose a condition on a supervision order that is inconsistent with a certificate of available resources provided to the court. Note Section 344 provides for certificates of available resources. 30 Court may consider other orders (1) In considering the conditions (other than the core conditions) to impose on a supervision order, the court must have regard to the conditions of any of the following orders to which the offender is subject— (a) an interim accommodation order or a family preservation order within the meaning of the Children, Youth and Families Act 2005; (b) a family violence intervention order or a recognised DVO within the meaning of the Family Violence Protection Act 2008; (c) a personal safety intervention order within the meaning of the Personal Safety Intervention Orders Act 2010; -- 40 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 28 Authorised by the Chief Parliamentary Counsel (d) any of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal— (i) an intervention order made on grounds referred to in section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act; (ii) an interim intervention order made on grounds referred to in section 8 of that Act; (e) an intervention order within the meaning of the Stalking Intervention Orders Act 2008 (as in force before its repeal); (f) an order made under section 4 of the Crimes (Family Violence) Act 1987 of a kind referred to in section 21A(5) of the Crimes Act 1958, both as in force before their repeal. (2) The court must not impose a condition (other than a core condition) on a supervision order that is inconsistent with a condition of an order referred to in subsection (1) unless the court considers that it is necessary— (a) to reduce the risk of the offender re offending by— (i) committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or (ii) engaging in any behaviour or conduct that threatens the safety of any person (including the offender); or (b) to provide for the reasonable concern of a victim of the offender in relation to the safety and welfare of the victim. -- 41 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 29 Authorised by the Chief Parliamentary Counsel 31 Core conditions of supervision order (1) This section sets out the core conditions of a supervision order that apply to the offender during the period of the order, irrespective of when the order is made. (2) The offender must not commit a serious sex offence in Victoria or elsewhere. (3) The offender must not commit a serious violence offence in Victoria or elsewhere. (4) The offender must not commit an offence referred to in Schedule 3 in Victoria or elsewhere. (5) If the court requires an offender to reside at a residential facility or the Authority directs an offender to reside at a residential facility, the offender must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility. (6) If the court requires an offender to reside at a residential facility or the Authority directs an offender to reside at a residential facility, the offender must obey all instructions given by a supervision officer or a specified officer under section 183. (7) If the court requires an offender to reside at a residential treatment facility, the offender must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility. (8) If the court requires an offender to reside at a residential treatment facility, the offender must obey all instructions given by a supervision officer or a specified officer under section 183. -- 42 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 30 Authorised by the Chief Parliamentary Counsel (9) The offender must not engage in any behaviour or conduct that threatens the safety of any person (including the offender). (10) The offender must attend at any place directed by the Authority for the purpose of administering the conditions of the order. (11) The offender must attend at any place directed by the Authority for the purpose of making assessments required by the court, the Secretary or the DPP for the purposes of this Act (including a personal examination by a medical expert for the purpose of providing the court with a report to assist the court in determining the need for or the form of any condition of the order). (12) The offender must report to, and receive visits from, the Secretary or any person nominated by the Secretary for the purposes of this subsection. (13) The offender must notify the Authority of any change of employment or new employment (whether paid or unpaid) at least 2 clear days before commencing the changed or new employment. (14) The offender must not leave Victoria except with the permission of the Authority granted either generally or in relation to a particular case. (15) The offender must comply with a direction given by the Authority under the emergency power in section 142. (16) The offender must obey all instructions given by a community corrections officer or a specified officer under section 209. -- 43 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 31 Authorised by the Chief Parliamentary Counsel 32 Intensive treatment and supervision condition (1) The court may impose a condition on a supervision order requiring an offender to reside at a residential treatment facility if the court is satisfied that— (a) the condition is necessary to reduce the risk of the offender committing a serious sex offence or a serious violence offence or both; and (b) less restrictive means of managing the risk referred to in paragraph (a) have been tried or considered. (2) Despite section 14(2)(b), in determining whether to impose an intensive treatment and supervision condition, the court may have regard to— (a) the means of managing the offender's risk; and (b) the likely impact of the supervision order on the offender. (3) Before imposing a condition under subsection (1) the court must consider— (a) a treatment and supervision plan filed by the Secretary; and (b) any other matter the court considers appropriate. Note See section 274 for the preparation and content of a treatment and supervision plan. (4) If the court imposes a condition under subsection (1), the court must also impose the following conditions on the supervision order— -- 44 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 32 Authorised by the Chief Parliamentary Counsel (a) the offender must attend and participate in the treatment or rehabilitation programs or activities set out in the treatment and supervision plan; (b) the offender must not leave the residential treatment facility other than— (i) with the permission of the Authority; or (ii) in accordance with the treatment and supervision plan in respect of the offender; or (iii) in accordance with an instruction given by a supervision officer or a specified officer under section 183; (c) if the offender leaves the residential treatment facility, the offender must, unless otherwise directed by the Authority— (i) be accompanied by a community corrections officer or a person approved by the Commissioner; and (ii) submit to electronic monitoring; (d) the offender must submit to electronic monitoring within the residential treatment facility; (e) the offender must comply with any direction given by the Authority relating to the electronic monitoring; (f) the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the offender at the direction of the Authority; (g) the offender must ensure that the electronic monitoring device fitted to the offender remains operational (including being charged) at all times; -- 45 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 33 Authorised by the Chief Parliamentary Counsel (h) the offender must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring; (i) the offender must accept any visit by the Secretary to the residential treatment facility, at any reasonable time and for any purpose, including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring. (5) An intensive treatment and supervision condition remains in force for a period not exceeding 2 years specified by the court. Note Section 113 requires that an intensive treatment and supervision condition be reviewed by the court each year. 33 Court must consider imposing conditions under sections 34 and 35 When making a supervision order, the court must consider imposing conditions referred to in sections 34 and 35. 34 Other conditions relating to residence (1) Subject to subsection (2) and section 36(3), the court may impose a condition on a supervision order in relation to any of the following— (a) the place where the offender is to reside (including whether the offender is to reside at a residential facility); (b) the times at which the offender must be present at the place of residence; -- 46 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 34 Authorised by the Chief Parliamentary Counsel (c) the circumstances under which the offender may leave the place of residence. Example A condition that the offender must be at home between the hours of 7 a.m. and 10 a.m. Monday to Friday. (2) A condition requiring an offender to reside at a residential facility may be imposed on a supervision order only if a court referred to in section 8(1)(a) has imposed on the offender a custodial sentence for a serious sex offence. (3) In considering whether to impose a condition requiring an offender to reside at a residential facility, the court must— (a) consider whether or not the offender should reside at a residential facility; and (b) be satisfied that no other suitable accommodation is available. Note See section 36(2), (3) and (4) as to conditions authorising the Authority to give directions relating to residence. 35 Suggested conditions (1) The court may impose a condition on a supervision order in relation to any of the following— (a) the places or areas that the offender must not visit or may visit only at specified times; (b) the treatment or rehabilitation programs or activities in which the offender must attend and participate; (c) a requirement that the offender must not consume alcohol; (d) a requirement that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind; -- 47 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 35 Authorised by the Chief Parliamentary Counsel (e) a requirement that the offender must submit, as required by the order, to breath testing, urinalysis or other test procedures (other than blood tests) approved by the Secretary or the Chief Commissioner of Police for detecting alcohol or drug use; (f) the types of employment in which the offender must not engage; (g) the types of behaviour or conduct that the offender must not engage in, if that behaviour or conduct— (i) was preparatory to the offender's prior serious sex offence or serious violence offence; or (ii) may increase the risk of the offender committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or (iii) threatens the safety of any person; (h) the community activities in which the offender must not engage; (i) the persons or classes of persons with whom the offender must not have contact; Examples 1 Persons under 18 years of age. 2 Victims of the offender and their families. (j) the forms of monitoring (including electronic monitoring) of compliance with the supervision order to which the offender must submit; (k) personal examinations by a medical expert which the offender must attend for the purpose of providing a report to the Authority to assist it in determining the -- 48 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 36 Authorised by the Chief Parliamentary Counsel need for, or form of, a direction it is permitted to give to the offender under the supervision order. (2) If the court imposes a condition of a kind referred to in subsection (1)(j) requiring the offender to submit to electronic monitoring, the court must also impose the following conditions on the supervision order— (a) the offender must comply with any direction given by the Authority relating to the electronic monitoring; (b) the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the offender at the direction of the Authority; (c) the offender must ensure that the electronic monitoring device fitted to the offender remains operational (including being charged) at all times; (d) the offender must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring; (e) the offender must accept any visit by the Secretary to the place where the offender resides, at any reasonable time and for any purpose, including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring. 36 Condition authorising Authority to give directions (1) Subject to subsection (5), the court may impose a condition on a supervision order authorising the Authority to give directions to an offender in relation to the operation of any condition of a supervision order. -- 49 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 37 Authorised by the Chief Parliamentary Counsel (2) Without limiting subsection (1), a condition imposed under that subsection may include— (a) subject to subsection (3), a condition authorising the Authority to direct that an offender is to reside at a residential facility; or (b) a condition prohibiting the Authority from giving a direction referred to in paragraph (a). (3) A condition referred to in subsection (2)(a) may be imposed on a supervision order only if a court referred to in section 8(1)(a) has imposed on the offender a custodial sentence for a serious sex offence. (4) If the court imposes a condition referred to in subsection (2)(a), the court may impose a condition authorising the Authority to give directions relating to any of the following— (a) the times at which the offender must be at the residential facility; (b) the circumstances under which the offender may leave the residential facility; (c) the monitoring (including electronic monitoring) of the offender's compliance with a direction that the offender reside at the residential facility. (5) The court may not authorise the Authority to direct that an offender reside at a residential treatment facility. (6) Subsection (5) does not limit the court in otherwise imposing a condition authorising the Authority to give directions. -- 50 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 38 Authorised by the Chief Parliamentary Counsel (7) It is a condition of a supervision order that the offender comply with any direction given under an authorisation referred to in this section. Examples 1 A condition requiring the offender to comply with the directions of the Authority in relation to appropriate Internet access. 2 A condition requiring the offender to comply with the directions of the Authority in relation to drug or alcohol use. 3 A condition requiring the offender to comply with the directions of the Authority in relation to computers and other devices (within the meaning of section 232) in the possession of or under the control of the offender for the purpose of auditing by a supervision officer, a specified officer or a police officer. 4 A condition that the offender comply with all reasonable directions of the Authority in relation to the times at which the offender must be at the nominated place of residence in order to reduce any risk of contact with children. 5 A direction that the offender remain at the nominated place of residence between the hours of 7 a.m. and 10 a.m., Monday to Friday, unless otherwise directed by the Authority. Note See Part 11 in relation to directions by the Authority. 37 Condition as to firearms and weapons (1) When making a supervision order, the court must consider imposing a condition referred to in subsection (2). (2) The court may impose a condition on a supervision order that the offender must not contravene the Firearms Act 1996 or the Control of Weapons Act 1990. -- 51 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 39 Authorised by the Chief Parliamentary Counsel 38 Discretion to impose any other condition The court may impose any other condition on a supervision order that it considers appropriate, having regard to the purposes referred to in section 27. Examples 1 A condition prohibiting Internet access. 2 A condition requiring the offender to undergo treatment, or rehabilitation, or programs relating to violent behavior, anger management, conflict resolution or the improvement of interpersonal relationships or interpersonal skills. 39 Cancellation of firearms authority etc. (1) Subject to subsection (2), in a supervision order, the court may— (a) cancel an offender's firearms authority; or (b) revoke— (i) a weapons approval held by an offender; or (ii) the application of a weapons exemption to an offender. Notes 1 An offender who is subject to a supervision order is a prohibited person within the meaning of section 3(1) of the Firearms Act 1996. 2 Section 151(1) of the Firearms Act 1996 provides that a court may order the forfeiture to the Crown of any firearm, cartridge ammunition, silencer or prescribed item in the possession of or used or carried by a prohibited person within the meaning of section 3(1) of that Act. (2) If a supervision order expires or is revoked or cancelled— (a) any cancellation of a firearm's authority on the order ceases to have effect; -- 52 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 40 Authorised by the Chief Parliamentary Counsel (b) any revocation of a weapons approval or application of a weapons exemption on the order ceases to have effect. (3) If the court makes an order under subsection (1)— (a) no appeal lies against the decision under the Firearms Act 1996 or the Control of Weapons Act 1990; and (b) the offender may not apply for a declaration under section 189 of the Firearms Act 1996. Division 4—Restrictive conditions and temporary conditions 40 Application for declaration that condition is a restrictive condition (1) On the making or renewal of a supervision order, or on a review of the order or a condition of the order, the Secretary may apply to the court referred to in section 12 for a declaration under section 41. (2) An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any. (3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender— (a) a copy of the notice of application; and (b) a notice (in the prescribed form, if any) setting out— (i) the rights of an eligible offender in relation to the application, including rights of appeal; and (ii) the procedure for the hearing and determination of the application; and -- 53 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 41 Authorised by the Chief Parliamentary Counsel (iii) the implications of a declaration, if made. Notes 1 See section 342 for service of documents. 2 See section 124 for exclusion of evidence from disclosure to an offender. 3 See Part 10 for the procedure in respect of the application. 41 Court may declare condition to be a restrictive condition (1) On an application under section 40, the court may declare that any of the following conditions of the supervision order is a restrictive condition— (a) that the offender must not consume alcohol; (b) that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind; (c) that the offender must reside at a specified place (including a residential facility or a residential treatment facility); (d) that the offender must be present at the offender's place of residence between specified times; (e) that the offender may only leave the offender's place of residence in accordance with specified conditions; (f) that the offender must not visit a specified place or area or may visit the place or area only at specified times; (g) that the offender must not have contact with a specified person or class of persons; (h) that the offender must not contravene the Firearms Act 1996 or the Control of Weapons Act 1990. -- 54 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 42 Authorised by the Chief Parliamentary Counsel (2) A core condition referred to in section 31(2), (3), (4), (5), (7) or (9) must not be declared to be a restrictive condition under this section. Note Core conditions under section 31(2), (3), (4), (5), (7) and (9) are restrictive conditions by operation of this Act—see paragraph (a) of the definition of restrictive condition in section 3. (3) The court may make a declaration under subsection (1) if the court is satisfied on reasonable grounds that the declaration is necessary to address the risk of the offender committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3. (4) In considering whether to make a declaration under subsection (1), the court must have regard to the antecedents of the offender, including any previous contraventions of a supervision order. Note It is an offence against section 169(1) to fail to comply with a condition of a supervision order or an interim supervision order without a reasonable excuse. See the notes to that section for the relevance of a restrictive condition. (5) Whether or not the court makes a declaration under subsection (1), the court must ensure that the core conditions on the order are in accordance with the requirements of section 31 and make any variations and additions to the conditions that are necessary for this purpose. 42 Temporary conditions (1) On making a supervision order, the court may declare that a condition of the order (other than a core condition) is a temporary condition that applies for a period not exceeding 6 months specified by the court in the order. -- 55 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 43 Authorised by the Chief Parliamentary Counsel (2) Before the end of the specified period, the court may require the parties to attend before the court for a hearing to determine the final conditions to be imposed on the supervision order. (3) At a hearing referred to in subsection (2)— (a) the Secretary may provide a further certificate of available resources; and (b) the parties may make further submissions in relation to any final conditions proposed to be imposed on the supervision order. (4) Part 10 applies to a hearing referred to in subsection (2). Division 5—Extension of intensive treatment and supervision condition 43 Application to extend intensive treatment and supervision condition (1) At any time while an intensive treatment and supervision condition is in force in respect of an offender, the Secretary may apply to the court that imposed the condition for an extension of the condition. (2) An application under subsection (1) is commenced by filing— (a) a notice of application in accordance with the rules of court, if any; and (b) a treatment and supervision plan; and (c) at least one assessment report or the latest progress report in respect of the offender. (3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the offender— (a) a copy of the notice of application; and -- 56 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 44 Authorised by the Chief Parliamentary Counsel (b) a copy of any reports or other documents filed with the application; and (c) a notice (in the prescribed form, if any) setting out— (i) the rights of an offender in relation to the application, including rights of appeal; and (ii) the procedure for the hearing and determination of the application. Notes 1 See section 342 for service of documents. 2 See section 124 for exclusion of evidence from disclosure to an offender. 3 See Part 10 for the procedure relating to an application. 44 Determination of application to extend intensive treatment and supervision condition (1) On an application under section 43 for a first extension, the court may extend an intensive treatment and supervision condition for a period not exceeding 12 months if the court is satisfied that— (a) the condition is necessary to reduce the risk of the offender committing a serious sex offence or a serious violence offence or both; and (b) the risk cannot be reduced using less restrictive means of supervision. (2) On an application for a second or subsequent extension, the court may extend an intensive treatment and supervision condition for a period not exceeding 12 months if the court is satisfied that exceptional circumstances exist. -- 57 of 326 -- Part 3—Supervision orders Serious Offenders Act 2018 No. 27 of 2018 45 Authorised by the Chief Parliamentary Counsel (3) The court may make no order in respect of an application referred to in subsection (1) or (2) even if the court is satisfied as required by this section. -- 58 of 326 -- Part 4—Interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 46 Authorised by the Chief Parliamentary Counsel Part 4—Interim supervision orders 45 Definition In this Part— court means the court in which an application for a supervision order or the renewal of a supervision order in respect of an eligible offender has been commenced but not determined. 46 Application for interim supervision order (1) The Secretary may apply to the court for an interim supervision order in respect of an eligible offender who is the subject of an application under section 13 or 22. (2) An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any. (3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender— (a) a copy of the notice of application; and (b) a notice (in the prescribed form, if any) setting out— (i) the rights of an eligible offender in relation to the application, including rights of appeal; and (ii) the procedure for the hearing and determination of the application; and (iii) the nature of an interim supervision order. (4) An application under subsection (1) may be commenced at the same time as an application under section 13 or 22 or at any later time before -- 59 of 326 -- Part 4—Interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 47 Authorised by the Chief Parliamentary Counsel the application under section 13 or 22 is determined. (5) An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4). (6) An application for an interim supervision order may be made more than once in respect of an eligible offender. Notes 1 See section 342 for service of documents. 2 See section 124 for exclusion of evidence from disclosure to an offender. 3 See Part 10 for the procedure relating to an application. 47 Determination of application for interim supervision order (1) On an application under section 46, the court may make an interim supervision order in respect of an eligible offender if— (a) the court is satisfied that— (i) an application under section 13 or 22 in respect of the offender has been commenced but not determined; and (ii) either— (A) the offender is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 13 is determined; or (B) the previous supervision order has expired or will have expired before the application under section 22 is determined; and -- 60 of 326 -- Part 4—Interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 48 Authorised by the Chief Parliamentary Counsel (b) it appears to the court that the documents in support of the application under section 13 or 22 would, if proved, justify the making or renewal of a supervision order; and (c) the court is satisfied that it is in the public interest to make an interim supervision order. (2) For the purposes of subsection (1)(c), the court must have regard to— (a) the reason why the application under section 13 or 22 was not, or will not be, determined before the offender is released from custody or before the expiry of the previous supervision order, as the case requires; and (b) any other matter the court considers appropriate. (3) If the court is satisfied as required by subsection (1), the court may— (a) make an interim supervision order; or (b) make no order. (4) The court may hear and determine an application under section 46 even if the offender has ceased to be an eligible offender because— (a) the custodial sentence has been served or has expired; or (b) the offender is no longer subject to a supervision order. Note See also section 76(2) for the power of the court to make an interim supervision order when an interim detention order is not justified. -- 61 of 326 -- Part 4—Interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 49 Authorised by the Chief Parliamentary Counsel 48 Content of interim supervision order (1) An interim supervision order must state that the court is satisfied that— (a) the making of the order is justified; and (b) it is in the public interest to make the order. (2) An interim supervision order must specify— (a) the name of the offender in respect of whom the order is made; and (b) the date on which the order is made; and (c) the date on which the order commences under section 53; and (d) the period of the order under section 54; and (e) the conditions of the order under section 49. (3) An interim supervision order must be signed by the judge constituting the court that made it and include the name of the judge. 49 Conditions of interim supervision order Section 14 and Division 3 of Part 3 (other than sections 37 and 39) apply to the making of an interim supervision order as if a reference to a supervision order were a reference to an interim supervision order. 50 Condition as to firearms and weapons (1) When making an interim supervision order, the court must consider imposing a condition referred to in subsection (2). (2) The court may impose a condition on an interim supervision order that the offender must not contravene the Firearms Act 1996 or the Control of Weapons Act 1990. -- 62 of 326 -- Part 4—Interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 50 Authorised by the Chief Parliamentary Counsel 51 Suspension of firearms authority etc. (1) Subject to subsection (2), in an interim supervision order, the court may— (a) suspend an offender's firearms authority; or (b) suspend— (i) a weapons approval held by an offender; or (ii) the application of a weapons exemption to an offender. (2) If an interim supervision order expires or is revoked or cancelled, any suspension of a firearm's authority, weapons approval or application of a weapons exemption on the order ceases to have effect. (3) If the court makes an order under subsection (1)— (a) no appeal lies against the decision under the Firearms Act 1996 or the Control of Weapons Act 1990; and (b) the offender may not apply for a declaration under section 189 of the Firearms Act 1996. 52 Copy of interim supervision order (1) As soon as practicable after the making of an interim supervision order, the Secretary must give a copy of the order to— (a) the Authority; and (b) the Adult Parole Board if the offender is serving a custodial sentence when the order is made. (2) If the offender commences serving a custodial sentence before the expiry or revocation of the interim supervision order, the Secretary must give as soon as practicable a copy of the order to the Adult Parole Board. -- 63 of 326 -- Part 4—Interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 51 Authorised by the Chief Parliamentary Counsel 53 Commencement of interim supervision order (1) Subject to subsection (2), an interim supervision order commences— (a) if the offender is serving a custodial sentence when the interim supervision order is made, on the day on which the offender completes the custodial sentence or any consecutive or concurrent custodial sentence, whichever is the later; or (b) if the offender is remanded in custody when the interim supervision order is made, on the day on which the offender is released from custody; or (c) if the offender is in immigration detention when the interim supervision order is made, on the day on which the offender is released from immigration detention; or (d) in any other case, on the date specified in the interim supervision order. (2) If an offender is the subject of an application for the renewal of a supervision order, an interim supervision order commences— (a) on the expiry of the previous supervision order, if still in force; or (b) on the date specified in the interim supervision order. 54 Period of interim supervision order (1) Subject to subsection (2), the period of an interim supervision order is a period not exceeding 4 months specified by the court in the order. (2) The maximum period of an interim supervision order, including any extensions, must not exceed 4 months unless the court making or extending the -- 64 of 326 -- Part 4—Interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 52 Authorised by the Chief Parliamentary Counsel interim supervision order is satisfied that exceptional circumstances exist. (3) Any time spent in custody on remand or serving a custodial sentence during the period of an interim supervision order that has commenced counts in calculating the period of the interim supervision order. (4) Any time spent in detention subject to an emergency detention order during the period of an interim supervision order that has commenced counts in calculating the period of the interim supervision order. (5) Any time spent in immigration detention during the period of an interim supervision order that has commenced does not count in calculating the period of the interim supervision order. (6) If an offender subject to an interim supervision order is sentenced to a community correction order (within the meaning of the Sentencing Act 1991), the community correction order is to be served concurrently with the interim supervision order. 55 Suspension of conditions of interim supervision order (1) Subject to subsection (2), the conditions of an interim supervision order are suspended during any time spent in custody on remand, serving a custodial sentence, in detention subject to an emergency detention order or in immigration detention during the period of the interim supervision order. (2) The conditions of an interim supervision order are not suspended during a period when the offender is released on parole. -- 65 of 326 -- Part 4—Interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 53 Authorised by the Chief Parliamentary Counsel 56 Expiry of interim supervision order An interim supervision order expires on the first of the following to occur— (a) at the end of its period of operation, including any extension of that period; (b) on the determination of the application for a supervision order or the renewal of a supervision order in relation to which the interim supervision order was made; (c) on the determination of an application for a detention order or an interim detention order in respect of the offender; (d) on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; (e) on the death of the offender. Note On the expiry of an interim supervision order, any directions given by the Authority under the order no longer apply. 57 Application to extend interim supervision order (1) At any time before the expiry of an interim supervision order, the Secretary may apply to the court to extend the order. (2) An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any. (3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender— (a) a copy of the notice of application; and -- 66 of 326 -- Part 4—Interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 54 Authorised by the Chief Parliamentary Counsel (b) a notice (in the prescribed form, if any) setting out— (i) the rights of an eligible offender in relation to the application, including rights of appeal; and (ii) the procedure for the hearing and determination of the application; and (iii) the nature of an interim supervision order. (4) Service under subsection (3) may be by post. (5) Despite subsections (2), (3) and (4), an application under subsection (1) may be made by oral submission at a directions hearing under section 126. (6) An application under subsection (1) must be discontinued if— (a) the interim supervision order has expired; or (b) the offender has ceased to be an eligible offender by reason of section 8(4). (7) An application for the extension of an interim supervision order may be made more than once in respect of an eligible offender. Notes 1 See section 342 for service of documents. 2 See section 124 for exclusion of evidence from disclosure to an offender. 3 See Part 10 for the procedure in respect of the application. 58 Determination of application to extend interim supervision order (1) On an application under section 57, the court may— (a) subject to section 54(2), extend the interim supervision order for a specified period; or -- 67 of 326 -- Part 4—Interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 55 Authorised by the Chief Parliamentary Counsel (b) revoke the interim supervision order; or (c) make no order. (2) Section 47 applies to an application to extend an interim supervision order as if— (a) a reference to an application under section 46 were a reference to an application under section 57; and (b) a reference to making an interim supervision order were a reference to extending an interim supervision order. (3) If the court extends an interim supervision order, the court may vary, add or remove any conditions of the interim supervision order. (4) Division 3 of Part 3 applies to any variation or addition of a condition of an interim supervision order under subsection (3). 59 Content of order extending interim supervision order (1) An order extending an interim supervision order must state that the court is satisfied that— (a) the extension is justified; and (b) it is in the public interest to grant the extension. (2) An order extending an interim supervision order must specify— (a) the name of the offender in respect of whom the extension order is made; and (b) the date on which the extension order is made; and (c) the period specified by the court for which the interim supervision order is extended; and -- 68 of 326 -- Part 4—Interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 56 Authorised by the Chief Parliamentary Counsel (d) any change made to the conditions of the interim supervision order. (3) An order extending an interim supervision order must be signed by the judge constituting the court that made it and include the name of the judge. 60 Copy of order on application to extend interim supervision order (1) As soon as practicable after the making of an order under section 58, the Secretary must give a copy of the order to— (a) the Authority; and (b) the Adult Parole Board if the offender is serving a custodial sentence when the order is made. (2) If the offender commences serving a custodial sentence before the expiry or revocation of the interim supervision order as extended by an order under section 58, the Secretary must give as soon as practicable a copy of the order under section 58 to the Adult Parole Board. -- 69 of 326 -- Part 5—Detention orders Serious Offenders Act 2018 No. 27 of 2018 57 Authorised by the Chief Parliamentary Counsel Part 5—Detention orders 61 Application for detention order (1) The DPP may apply to the Supreme Court for a detention order in respect of a person who is an eligible offender at the time when the application is commenced. (2) An application under subsection (1) is commenced by filing— (a) a notice of application in accordance with the rules of court, if any; and (b) an assessment report in respect of the eligible offender or, if the eligible offender is subject to a supervision order or an emergency detention order, a progress report and the most recent assessment report in respect of the eligible offender. (3) As soon as practicable after an application under subsection (1) is commenced, the DPP must serve on the eligible offender— (a) a copy of the notice of application; and (b) a copy of the assessment report and the progress report (if any) filed with the application; and (c) a notice (in the prescribed form, if any) setting out— (i) the rights of an eligible offender in relation to the application, including rights of appeal; and (ii) the procedure for the hearing and determination of the application; and (iii) the nature of a detention order and a supervision order. -- 70 of 326 -- Part 5—Detention orders Serious Offenders Act 2018 No. 27 of 2018 58 Authorised by the Chief Parliamentary Counsel (4) An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 7(4). Notes 1 See section 342 for service of documents. 2 See section 124 for exclusion of evidence from disclosure to an offender. 3 See Part 10 for the procedure in respect of the application. 62 Determination of application for detention order (1) On an application under section 61, the Supreme Court may make a detention order in respect of an eligible offender if, and only if, the court is satisfied under section 63(1) and is satisfied under section 64(1). (2) For the purposes of sections 63 and 64, the Supreme Court must be satisfied by acceptable, cogent evidence to a high degree of probability that the offender poses or will pose an unacceptable risk. (3) If the Supreme Court is not satisfied that the risk referred to in section 64(1) would be unacceptable unless a detention order were made, the court may make a supervision order in respect of the offender. (4) Divisions 2 (other than section 13), 3 and 4 of Part 3 apply, with any necessary modifications, to the making of a supervision order under subsection (3) as if it were a supervision order made under Part 3. (5) The Supreme Court may make no order in circumstances where it is empowered to make a detention order or supervision order under this section. -- 71 of 326 -- Part 5—Detention orders Serious Offenders Act 2018 No. 27 of 2018 59 Authorised by the Chief Parliamentary Counsel (6) The Supreme Court may hear and determine an application for a detention order even if the offender has ceased to be an eligible offender because— (a) the custodial sentence has been served or has expired; or (b) the offender is no longer subject to a supervision order. (7) The Supreme Court may hear and determine an application under section 61 even if the offender is remanded in custody or is serving a custodial sentence. 63 Finding of unacceptable risk (1) For the purposes of section 62, the Supreme Court must be satisfied that— (a) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious sex offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a detention order or a supervision order is not made and the offender is in the community; or (b) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious violence offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a detention order or a supervision order is not made and the offender is in the community. (2) In determining whether an offender poses or will pose an unacceptable risk under subsection (1), the Supreme Court must have regard to— -- 72 of 326 -- Part 5—Detention orders Serious Offenders Act 2018 No. 27 of 2018 60 Authorised by the Chief Parliamentary Counsel (a) subject to section 273, any assessment report or progress report filed in relation to the application, whether by the Secretary or the offender; and (b) any other report filed, tendered or made, or evidence given, in relation to the application; and (c) any other matter the court considers appropriate. (3) In determining whether an offender poses or will pose an unacceptable risk under subsection (1), the Supreme Court must not have regard to— (a) the means of managing the risk; or (b) the likely impact of a detention order or a supervision order on the offender. (4) The Supreme Court may determine that an offender poses or will pose an unacceptable risk under subsection (1) even if the likelihood that the offender will commit a serious sex offence or a serious violence offence or both is less than more likely than not. (5) The DPP has the burden of proving that an offender poses or will pose an unacceptable risk under subsection (1). 64 Detention order only option (1) If the Supreme Court is satisfied as required by section 63(1), the Supreme Court must be satisfied that— (a) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious sex offence, the risk of the offender committing, or after release from custody committing, a serious sex offence or a serious violence offence or -- 73 of 326 -- Part 5—Detention orders Serious Offenders Act 2018 No. 27 of 2018 61 Authorised by the Chief Parliamentary Counsel both would be unacceptable unless a detention order were made; or (b) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious violence offence, the risk of the offender committing, or after release from custody committing, a serious sex offence or a serious violence offence or both would be unacceptable unless a detention order were made. (2) The Supreme Court may determine that an offender poses or will pose an unacceptable risk under subsection (1) even if the likelihood that the offender will commit a serious sex offence or a serious violence offence or both is less than more likely than not. (3) In determining whether an offender poses or will pose an unacceptable risk under subsection (1), the Supreme Court may have regard to— (a) the means of managing the risk; and (b) the likely impact of a detention order on the offender. 65 Content of detention order (1) A detention order must state that the Supreme Court is satisfied that the offender poses or will pose an unacceptable risk of committing— (a) a serious sex offence; or (b) a serious violence offence; or (c) both a serious sex offence and a serious violence offence— if a detention order is not made and the offender is in the community. -- 74 of 326 -- Part 5—Detention orders Serious Offenders Act 2018 No. 27 of 2018 62 Authorised by the Chief Parliamentary Counsel (2) A detention order must specify— (a) the name of the offender in respect of whom the order is made; and (b) the date on which the order is made; and (c) the date on which the order commences under section 68; and (d) the period of the order under section 69; and (e) the latest date by which an application for the first review of the order must be made under Part 8 and the maximum intervals between subsequent reviews. (3) A detention order must be signed by the judge who made it and include the name of the judge. 66 Effect of detention order The effect of a detention order is to commit the offender to detention in a prison for the period of the order. Note See Part 16 in relation to the management of an offender subject to a detention order. 67 Copy of detention order (1) As soon as practicable after the making of a detention order, the DPP must give a copy of the order to— (a) the Secretary; and (b) the Authority; and (c) the Adult Parole Board if the offender is serving a custodial sentence when the order is made. -- 75 of 326 -- Part 5—Detention orders Serious Offenders Act 2018 No. 27 of 2018 63 Authorised by the Chief Parliamentary Counsel (2) If the offender commences serving a custodial sentence before the expiry or revocation of the detention order, the DPP must give as soon as practicable a copy of the order to the Adult Parole Board. 68 Commencement of detention order (1) Subject to subsection (2), a detention order commences— (a) if the offender is serving a custodial sentence when the detention order is made, on the day on which the offender completes the custodial sentence or any consecutive or concurrent custodial sentence, whichever is later; or (b) if the offender is remanded in custody when the detention order is made, on the day on which the offender is released from custody; or (c) if the offender is in immigration detention when the detention order is made, on the day on which the offender is released from immigration detention; or (d) in any other case, on the date specified in the detention order. (2) A detention order that has been renewed commences on the date specified in the renewed detention order. 69 Period of detention order (1) Unless sooner revoked, the period of a detention order is the period not exceeding 3 years specified by the Supreme Court in the order. (2) Any time spent in custody on remand or serving a custodial sentence during the period of a detention order that has commenced counts in calculating the period of the detention order. -- 76 of 326 -- Part 5—Detention orders Serious Offenders Act 2018 No. 27 of 2018 64 Authorised by the Chief Parliamentary Counsel (3) Any time spent in immigration detention during the period of a detention order that has commenced does not count in calculating the period of the detention order. (4) If an offender is subject to a detention order and is sentenced to a community correction order (within the meaning of the Sentencing Act 1991), the community correction order commences on the expiry of the detention order. 70 Expiry of detention order A detention order expires on the first of the following to occur— (a) at the end of its period of operation; (b) on its revocation by a court under this Act; (c) on the commencement of another detention order or a supervision order replacing it; (d) on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; (e) on the death of the offender. 71 Application for renewal of detention order (1) At any time before the expiry of a detention order in respect of an eligible offender, the DPP may apply to the Supreme Court for the renewal of the order. (2) An application under subsection (1) is commenced by filing— (a) a notice of application in accordance with the rules of court, if any; and (b) an assessment report or a progress report in respect of the eligible offender. -- 77 of 326 -- Part 5—Detention orders Serious Offenders Act 2018 No. 27 of 2018 65 Authorised by the Chief Parliamentary Counsel (3) As soon as practicable after an application under subsection (1) is commenced, the DPP must serve on the eligible offender— (a) a copy of the notice of application; and (b) a copy of the assessment report or progress report filed with the application; and (c) a notice (in the prescribed form, if any) setting out— (i) the rights of an eligible offender in relation to the application, including rights of appeal; and (ii) the procedure for hearing and determining the application; and (iii) the nature of a detention order and a supervision order. (4) An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4). (5) An application for the renewal of a detention order may be made more than once. (6) An application for the renewal of a detention order may be made even if the offender is remanded in custody or is serving a custodial sentence. Notes 1 See section 342 for service of documents. 2 See section 124 for exclusion of evidence from disclosure to an offender. 3 See Part 10 for the procedure relating to an application. -- 78 of 326 -- Part 5—Detention orders Serious Offenders Act 2018 No. 27 of 2018 66 Authorised by the Chief Parliamentary Counsel 72 Progress report may be prepared The DPP may cause a progress report to be prepared in respect of an eligible offender for the purposes of an application under section 71. Note Part 18 sets out requirements for a progress report. 73 Determination of application for renewal of detention order (1) On an application under section 71 to renew a detention order, the Supreme Court may— (a) renew the detention order; or (b) revoke the detention order; or (c) make a supervision order, an interim supervision order or an interim detention order; or (d) make no order under paragraph (a), (b) or (c). (2) The Supreme Court may hear and determine an application under section 71 despite the expiry of the detention order sought to be renewed. (3) Sections 62, 63 and 64 apply to the determination of an application under section 71 as if a reference to an application under section 61 were a reference to an application under section 71. (4) If the Supreme Court renews a detention order, the existing detention order, if any, is revoked on the commencement of the renewed detention order. (5) The period of a renewed detention order is the period specified under section 69(1). -- 79 of 326 -- Part 5—Detention orders Serious Offenders Act 2018 No. 27 of 2018 67 Authorised by the Chief Parliamentary Counsel 74 Renewed detention order (1) This Act applies to a detention order that is renewed in the same way as it applies to any other detention order. (2) The expiry of a detention order sought to be renewed does not prevent the renewal of the order. -- 80 of 326 -- Part 6—Interim detention orders Serious Offenders Act 2018 No. 27 of 2018 68 Authorised by the Chief Parliamentary Counsel Part 6—Interim detention orders 75 Application for interim detention order (1) The DPP may apply to the Supreme Court for an interim detention order in respect of an eligible offender who is the subject of— (a) an application under section 61 for a detention order; or (b) an application under section 71 for the renewal of a detention order. (2) An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any. (3) As soon as practicable after an application under subsection (1) is commenced, the DPP must serve on the offender— (a) a copy of the notice of application; and (b) a notice (in the prescribed form, if any) setting out— (i) the rights of an offender in relation to the application, including rights of appeal; and (ii) the procedure for the hearing and determination of the application; and (iii) the nature of an interim detention order. (4) An application under subsection (1) may be commenced at the same time as an application under section 61 or 71 or at any later time before the application under section 61 or 71 is determined. (5) An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4). -- 81 of 326 -- Part 6—Interim detention orders Serious Offenders Act 2018 No. 27 of 2018 69 Authorised by the Chief Parliamentary Counsel (6) An application for an interim detention order may be made more than once in respect of an eligible offender. Notes 1 See section 342 for service of documents. 2 See section 124 for exclusion of evidence from disclosure to an offender. 3 See Part 10 for the procedure relating to an application. 76 Determination of application for interim detention order (1) On an application under section 75, the Supreme Court may make an interim detention order in respect of an eligible offender if— (a) the court is satisfied that— (i) an application under section 61 or 71 in respect of the offender has been commenced but not determined; and (ii) either— (A) the offender is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 61 is determined; or (B) the previous detention order has expired or will have expired before the application under section 71 is determined; and (b) it appears to the court that the documents in support of the application under section 61 or 71 would, if proved, justify the making or renewal of a detention order; and (c) the court is satisfied that it is in the public interest to make an interim detention order. -- 82 of 326 -- Part 6—Interim detention orders Serious Offenders Act 2018 No. 27 of 2018 70 Authorised by the Chief Parliamentary Counsel (2) On an application under section 75, the Supreme Court may make an interim supervision order if— (a) the court is satisfied that an application under section 61 or 71 in respect of the offender has been commenced but not determined; and (b) the court considers that an interim detention order is not justified; and (c) it appears to the court that the documents in support of the application under section 75 would, if proved, justify the making of an interim supervision order; and (d) the court is satisfied that it is in the public interest to make an interim supervision order. (3) For the purposes of subsections (1)(c) and (2)(d), the Supreme Court must have regard to— (a) the reason why the application under section 61 or 71 was not, or will not be, determined before the offender is released from custody or before the expiry of the previous detention order, as the case requires; and (b) any other matter that the court considers appropriate. (4) The Supreme Court may make no order in circumstances where it is empowered to make an interim detention order or an interim supervision order under this section. (5) The Supreme Court may determine an application under section 75 even if— (a) the offender has ceased to be an eligible offender because the custodial sentence has been served or has expired; or -- 83 of 326 -- Part 6—Interim detention orders Serious Offenders Act 2018 No. 27 of 2018 71 Authorised by the Chief Parliamentary Counsel (b) the offender is no longer subject to a supervision order or a detention order. 77 Content of interim detention order (1) An interim detention order must state that the Supreme Court is satisfied that— (a) the making of the order is justified; and (b) it is in the public interest to make the order. (2) An interim detention order must specify— (a) the name of the offender in respect of whom the order is made; and (b) the date on which the order is made; and (c) the date on which the order commences under section 80; and (d) the period of the order under section 81. (3) An interim detention order must be signed by the judge constituting the court that made it and include the name of the judge. 78 Effect of interim detention order The effect of an interim detention order is to commit the offender to detention in a prison for the period of the order. Note See Part 16 in relation to the management of an offender subject to an interim detention order. 79 Copy of interim detention order (1) As soon as practicable after the making of an interim detention order, the DPP must give a copy of the order to— (a) the Secretary; and (b) the Authority; and -- 84 of 326 -- Part 6—Interim detention orders Serious Offenders Act 2018 No. 27 of 2018 72 Authorised by the Chief Parliamentary Counsel (c) the Adult Parole Board if the offender is serving a custodial sentence when the order is made. (2) If the offender commences serving a custodial sentence before the expiry or revocation of the interim detention order, the DPP must give as soon as practicable a copy of the order to the Adult Parole Board. 80 Commencement of interim detention order (1) Subject to subsection (2), an interim detention order commences— (a) if the offender is serving a custodial sentence when the interim detention order is made, on the day on which the offender completes the custodial sentence or any consecutive or concurrent custodial sentence, whichever is the later; or (b) if the offender is remanded in custody when the interim detention order is made, on the day on which the offender is released from custody; or (c) if the offender is in immigration detention when the interim detention order is made, on the day on which the offender is released from immigration detention; or (d) in any other case, on the date specified in the interim detention order. (2) If an offender is the subject of an application for the renewal of a detention order, an interim detention order commences— (a) on the expiry of the previous detention order, if still in force; or (b) on the date specified in the interim detention order. -- 85 of 326 -- Part 6—Interim detention orders Serious Offenders Act 2018 No. 27 of 2018 73 Authorised by the Chief Parliamentary Counsel 81 Period of interim detention order (1) Subject to subsection (2), the period of an interim detention order is a period not exceeding 4 months specified by the Supreme Court in the order. (2) The maximum period of an interim detention order, including any extensions, must not exceed 4 months unless the Supreme Court making or extending the interim detention order is satisfied that exceptional circumstances exist. (3) Any time spent in custody on remand or serving a custodial sentence during the period of an interim detention order that has commenced counts in calculating the period of the interim detention order. (4) Any time spent in immigration detention during the period of an interim detention order that has commenced does not count in calculating the period of the interim detention order. 82 Expiry of interim detention order An interim detention order expires on the first of the following to occur— (a) at the end of its period of operation, including any extension of that period; (b) on the determination of the application for a detention order or the renewal of a detention order in relation to which the interim detention order was made; (c) on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; (d) on the death of the offender. -- 86 of 326 -- Part 6—Interim detention orders Serious Offenders Act 2018 No. 27 of 2018 74 Authorised by the Chief Parliamentary Counsel 83 Application to extend interim detention order (1) At any time before the expiry of an interim detention order, the DPP may apply to the Supreme Court to extend the order. (2) An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any. (3) As soon as practicable after an application under subsection (1) is commenced, the DPP must serve on the eligible offender— (a) a copy of the notice of application; and (b) a notice (in the prescribed form, if any) setting out— (i) the rights of an eligible offender in relation to the application, including rights of appeal; and (ii) the procedure for the hearing and determination of the application; and (iii) the nature of an interim detention order. (4) Service under subsection (3) may be by post. Note See Part 10 for the procedure in respect of the application. (5) Despite subsections (2), (3) and (4), an application under subsection (1) may be made by oral submission at a directions hearing under section 126. (6) An application under subsection (1) must be discontinued if— (a) the interim detention order has expired; or (b) the offender has ceased to be an eligible offender by reason of section 8(4). -- 87 of 326 -- Part 6—Interim detention orders Serious Offenders Act 2018 No. 27 of 2018 75 Authorised by the Chief Parliamentary Counsel (7) An application for the extension of an interim detention order may be made more than once in respect of an eligible offender. Notes 1 See section 342 for service of documents. 2 See section 124 for exclusion of evidence from disclosure to an offender. 3 See Part 10 for the procedure in respect of the application. 84 Determination of application to extend interim detention order (1) On an application under section 83, the Supreme Court may— (a) subject to section 81(2), extend the interim detention order for a specified period; or (b) revoke the interim detention order; or (c) make no order under paragraph (a) or (b). (2) Section 76 applies to an application to extend an interim detention order as if— (a) a reference to an application under section 75 were a reference to an application under section 83; and (b) a reference to making an interim detention order were a reference to extending an interim detention order. 85 Content of order extending interim detention order (1) An order extending an interim detention order must state that the Supreme Court is satisfied that— (a) the extension is justified; and (b) it is in the public interest to grant the extension. -- 88 of 326 -- Part 6—Interim detention orders Serious Offenders Act 2018 No. 27 of 2018 76 Authorised by the Chief Parliamentary Counsel (2) An order extending an interim detention order must specify— (a) the name of the offender in respect of whom the extension order is made; and (b) the date on which the extension order is made; and (c) the period for which the interim detention order is extended. (3) An order extending an interim detention order must be signed by the judge constituting the court that made it and include the name of the judge. 86 Copy of order on application to extend interim detention order (1) As soon as practicable after the making of an order under section 84, the DPP must give a copy of the order to— (a) the Secretary; and (b) the Authority; and (c) the Adult Parole Board if the offender is serving a custodial sentence when the order is made. (2) If the offender commences serving a custodial sentence before the expiry or revocation of the interim detention order, the DPP must give as soon as practicable a copy of the order to the Adult Parole Board. -- 89 of 326 -- Part 7—Emergency detention orders Serious Offenders Act 2018 No. 27 of 2018 77 Authorised by the Chief Parliamentary Counsel Part 7—Emergency detention orders 87 Application for emergency detention order (1) The Secretary may apply to the Supreme Court for an emergency detention order in respect of an offender who is subject to a supervision order or an interim supervision order. (2) An application under subsection (1) is commenced by filing— (a) a notice of application in accordance with the rules of court, if any, setting out— (i) the altered circumstances that constitute the grounds of the application; and (ii) the reason why, because of altered circumstances, the offender poses an imminent risk of committing a serious sex offence or a serious violence offence or both if an emergency detention order is not made; and (iii) the reason why there are no practicable and available means other than an emergency detention order to ensure that the offender does not pose an imminent risk of committing a serious sex offence or a serious violence offence or both; and (b) an assessment report or the latest progress report in respect of the offender. (3) Subject to subsection (4), as soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the offender— (a) a copy of the notice of application; and (b) a copy of each document filed with the application; and -- 90 of 326 -- Part 7—Emergency detention orders Serious Offenders Act 2018 No. 27 of 2018 78 Authorised by the Chief Parliamentary Counsel (c) a notice (in the prescribed form, if any) setting out— (i) the rights of an offender in relation to the application, including rights of appeal; and (ii) the procedure for the hearing and determination of the application; and (iii) the nature of an emergency detention order. (4) An application under subsection (1) need not be served on the offender if the Supreme Court orders under section 88 that the application be heard and determined in the absence of the offender. Notes 1 See section 342 for service of documents. 2 See section 124 for exclusion of evidence from disclosure to an offender. 3 See Part 10 for the procedure in respect of the application. 88 Application may be heard and determined in absence of offender The Supreme Court may order that an application for an emergency detention order be heard and determined in the absence of the offender. Note See section 5 as to the requirement to give paramount consideration to the safety and protection of the community. 89 Determination of application for emergency detention order (1) On an application under section 87, the Supreme Court may make an emergency detention order in respect of an offender if it appears to the court that the matters alleged in support of the application would, if proved, establish that because of altered -- 91 of 326 -- Part 7—Emergency detention orders Serious Offenders Act 2018 No. 27 of 2018 79 Authorised by the Chief Parliamentary Counsel circumstances the offender poses an imminent risk of committing a serious sex offence or a serious violence offence or both if the emergency detention order is not made. (2) In determining whether or not to make an emergency detention order, the Supreme Court must have regard to— (a) any assessment report or progress report filed in relation to the application; and (b) any other report made, or evidence given, in relation to the application; and (c) any other matter the court considers appropriate. (3) In determining whether or not to make an emergency detention order, the Supreme Court may have regard to— (a) the means of managing the imminent risk referred to in subsection (1); and (b) the likely impact of an emergency detention order on the offender. (4) The Supreme Court may make no order in circumstances where it is empowered to make an emergency detention order under this section. (5) The Supreme Court cannot make more than one emergency detention order in respect of the same occasion of change in circumstances. 90 Content of emergency detention order (1) An emergency detention order must state that it appears to the Supreme Court that the matters alleged in support of the application would, if proved, establish that because of altered circumstances the offender poses an imminent risk of committing a serious sex offence or a -- 92 of 326 -- Part 7—Emergency detention orders Serious Offenders Act 2018 No. 27 of 2018 80 Authorised by the Chief Parliamentary Counsel serious violence offence or both if an emergency detention order is not made. (2) An emergency detention order must specify— (a) the name of the offender in respect of whom the order is made; and (b) the date on which the order is made; and (c) the date on which the order commences under section 92; and (d) the period of the order under section 93. (3) An emergency detention order must be signed by the judge constituting the court that made it and include the name of the judge. 91 Copy of emergency detention order (1) If an emergency detention order is made in the absence of the offender, the Secretary must as soon as practicable serve on the offender— (a) a copy of the order; and (b) a copy of the record of reasons for the making of the order; and (c) a statement (in the prescribed form, if any) of the offender's rights of appeal or review. (2) Subsection (1) applies despite the making of an order under section 279. (3) As soon as practicable after the making of an emergency detention order, the Secretary must give a copy of the order to the Authority. 92 Commencement of emergency detention order An emergency detention order commences on the making of the order or on the date, if any, specified in the order. -- 93 of 326 -- Part 7—Emergency detention orders Serious Offenders Act 2018 No. 27 of 2018 81 Authorised by the Chief Parliamentary Counsel 93 Period of emergency detention order (1) The period of an emergency detention order is a period not exceeding 168 hours specified by the Supreme Court in the order. (2) The period specified under subsection (1) must be the time that the Supreme Court believes is reasonably required to enable any one or more of the following actions to be taken under this Act— (a) action to ensure that the offender is adequately supervised under the supervision order or interim supervision order to which the offender is subject; (b) the making of an application for a detention order and an interim detention order; (c) any other action under this Act. 94 Effect of emergency detention order The effect of an emergency detention order is to commit the offender to detention in a prison for the period of the order. Note See Part 16 in relation to the management of an offender subject to an emergency detention order. 95 Warrant to detain (1) For the purpose of giving effect to an emergency detention order, a judge of the Supreme Court may issue a warrant to detain in prison an offender subject to an emergency detention order who— (a) was not present at the hearing of the application for the order; or (b) is not in custody. (2) A warrant to detain may be directed to— (a) a named police officer; or (b) generally all police officers; or -- 94 of 326 -- Part 7—Emergency detention orders Serious Offenders Act 2018 No. 27 of 2018 82 Authorised by the Chief Parliamentary Counsel (c) generally all prison officers. (3) A warrant to detain directed to a named police officer may be executed by any police officer. (4) A warrant to detain directed to a named police officer or to all police officers may be executed by any prison officer. 96 Directions in, and authority of, warrant to detain A warrant to detain— (a) authorises the person to whom it is directed to break, enter and search any place where the person named in the warrant is suspected to be; and (b) directs and authorises the person to whom it is directed to take and safely convey the person named in the warrant to a prison and there to deliver the person to the officer in charge of the prison; and (c) directs and authorises the Secretary or any other person into whose custody the person named in the warrant is transferred to receive that person into custody and safely keep that person— (i) for the period specified, or in the circumstances described, in the warrant; or (ii) until that person is otherwise removed or discharged from custody by due course of law. -- 95 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 83 Authorised by the Chief Parliamentary Counsel Part 8—Review of orders and conditions 97 Applications under this Part (1) An application under this Part is commenced by filing— (a) a notice of application in accordance with the rules of court, if any; and (b) the documents specified by the relevant section in this Part in respect of the application. (2) As soon as practicable after an application under subsection (1) is commenced, the Secretary or the DPP (as the case requires) must serve on the offender— (a) a copy of the notice of application; and (b) a copy of any reports or other documents filed with the application; and (c) a notice (in the prescribed form, if any) setting out— (i) the rights of an offender in relation to the application, including rights of appeal; and (ii) the procedure for the hearing and determination of the application. Notes 1 See section 342 for service of documents. 2 See section 124 for exclusion of evidence from disclosure to an offender. 3 See Part 10 for the procedure relating to an application. 98 Progress report must be prepared The Secretary, in the case of a supervision order, or the DPP, in the case of a detention order, must cause a progress report to be prepared in respect -- 96 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 84 Authorised by the Chief Parliamentary Counsel of an eligible offender for the purposes of an application under this Part. Note Division 1 of Part 18 sets out requirements for a progress report. 99 Periodic review of supervision order (1) The Secretary must apply to the court that made a supervision order for review of that order— (a) not later than 3 years after it was first made or any earlier first review date specified in the order; and (b) subsequently, at intervals of not more than 3 years or any shorter intervals specified in the order. (2) An application is not required to be made under this section if a detention order has subsequently been made in respect of the offender. (3) An application is not required to be made under this section if, at the time for review of the supervision order— (a) an application has been made under section 22 to renew the supervision order; and (b) the application under section 22 has not been withdrawn. (4) When the court reviews a supervision order under this Part, the court must at the same time review any order made under section 279 in respect of the offender to determine whether that order should continue, having regard to the matters specified in section 280. -- 97 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 85 Authorised by the Chief Parliamentary Counsel 100 Periodic review of detention order (1) The DPP must apply to the Supreme Court for review of a detention order— (a) not later than one year after it was first made or any earlier first review date specified in the order; and (b) after that, at intervals of not more than one year or any shorter intervals specified in the order. (2) An application is not required to be made under subsection (1) if, at the time for review of the detention order— (a) an application has been made under section 71 to renew the detention order; and (b) the application under section 71 has not been withdrawn. 101 Offender serving custodial sentence or in custody on remand at time of review Sections 99 and 100 do not apply if the time for review of the supervision order or detention order occurs while the offender is remanded in custody or is serving a custodial sentence. Note See also section 109. 102 Leave for review (1) At any time (including time when the offender is remanded in custody or is serving a custodial sentence), any of the following persons may apply to the court that made a supervision order for leave to apply for a review of that order— (a) the Secretary, on the Secretary's own motion or on the recommendation of the Authority; (b) the DPP; -- 98 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 86 Authorised by the Chief Parliamentary Counsel (c) the offender who is subject to the order. (2) Either of the following persons may apply to the Supreme Court for leave to apply for a review of a detention order— (a) the DPP; (b) the offender who is subject to the order. (3) The court may grant the leave sought if the court is satisfied that— (a) there are new facts or circumstances which would justify a review of the order; or (b) it would be in the interests of justice to review the order, having regard to the purposes of the order and the manner and effect of its implementation. 103 Form of application An application for review of a supervision order or a detention order must— (a) set out the nature of the order sought; and (b) be accompanied by a progress report in respect of the offender. 104 Purpose of review The purpose of a review is to determine— (a) whether a supervision order or a detention order should remain in operation or be revoked; and (b) if a supervision order is revoked, whether the order should be replaced with a different supervision order or a detention order; and (c) if a detention order is revoked, whether it should be replaced with a supervision order. Note Part 10 provides for the procedure on a review. -- 99 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 87 Authorised by the Chief Parliamentary Counsel 105 Matters to be considered by the court (1) In reviewing a detention order or supervision order, the court must consider— (a) a progress report relating to the offender; and (b) any other report made, or evidence given, by a medical expert; and (c) any report made by the Secretary, the DPP or the Authority; and (d) any submissions made by the parties to the review. (2) In reviewing a detention order or supervision order, the court may also consider— (a) any previous assessment report or progress report filed with the court in relation to the offender; and (b) anything else that the court considers appropriate. 106 Decision on supervision order—general (1) Subject to section 107, on a review of a supervision order, the court must revoke the supervision order unless it is satisfied that the offender still poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a supervision order is not in effect and the offender is in the community. (2) The court may make an order under this section even if the offender is remanded in custody or is serving a custodial sentence. (3) Section 14(2)(b), (3), (4) and (5) (with any necessary modifications) apply to the review of a supervision order. -- 100 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 88 Authorised by the Chief Parliamentary Counsel (4) Subject to subsections (5) and (6), the court must confirm the supervision order unless— (a) the court has revoked the supervision order; or (b) an application for a detention order has been made under section 107. (5) If the court confirms a supervision order, it may— (a) vary, add or remove any condition of the order; or (b) vary the maximum intervals between applications for review. (6) If the court exercises a power under subsection (5) in respect of a supervision order, the court must ensure that the conditions on the order are in accordance with the requirements of section 14 and Division 3 of Part 3 and make any variations or additions to the conditions that are necessary for this purpose. (7) Divisions 3 and 4 of Part 3 apply to any variation or addition of a condition of a supervision order under subsections (5) and (6). 107 Application for detention order and interim detention order during review of supervision order (1) If, on a review of a supervision order, the court or the DPP considers that a detention order should be made in respect of the offender, the DPP may apply to the Supreme Court for a detention order. (2) Sections 62, 63, 64, 65, 66 and 67 apply in respect of an application for a detention order under subsection (1) as if a reference to an application under section 61 were a reference to an application under subsection (1). -- 101 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 89 Authorised by the Chief Parliamentary Counsel (3) The DPP may apply to the Supreme Court for an interim detention order in respect of an offender who is the subject of an application under subsection (1). (4) Sections 76, 77, 78 and 79 apply to an application for an interim detention order under subsection (3) as if a reference to an application under section 75 were a reference to an application under subsection (3). (5) If the Supreme Court makes a detention order on an application under subsection (1), it must revoke the supervision order. (6) If an application is made under subsection (1) and the Supreme Court does not make a detention order, it may confirm (subject to section 106(5) and (6)) or revoke the supervision order. (7) The supervision order remains in force until the Supreme Court determines the application under subsection (1). 108 Application for review of detention order (1) On a review of a detention order, the Supreme Court must revoke the order unless it is satisfied that the offender still poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a detention order is not in effect and the offender is in the community. (2) The Supreme Court may make an order under this section even if the offender is remanded in custody or is serving a custodial sentence. (3) Sections 62, 63 and 64 (with any necessary modifications) apply to the review of a detention order. -- 102 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 90 Authorised by the Chief Parliamentary Counsel (4) If the Supreme Court is not satisfied that the risk would be unacceptable unless a detention order were made, the court may revoke the detention order and make a supervision order. (5) Part 3 (with any necessary modifications) applies to the making of a supervision order under this section. 109 Effect of custodial order on time for review (1) This section applies if an offender is in prison, a police gaol or a designated mental health service serving a custodial sentence or on remand while subject to a supervision order or detention order. (2) If the time for a review of a supervision order or detention order occurs while the offender is in custody serving a custodial sentence, the application for review of the order under this Part may be made— (a) at any time before the release of the offender on parole or from remand; or (b) as soon as practicable after the offender is released on parole or from remand. (3) If parole is not granted or the offender is ordered to serve a custodial sentence, and a supervision order or detention order applies to an offender at the end of the custodial sentence, the application for review of the order under this Part may be made— (a) at any time before the end of the custodial sentence; or (b) as soon as practicable after the end of the custodial sentence. -- 103 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 91 Authorised by the Chief Parliamentary Counsel (4) If the order will expire during the period that an offender is remanded in custody or serving a custodial sentence, no review is required. Notes 1 An application may be made to renew the order before it expires. 2 See also section 101. 110 Application for review of condition of supervision order or interim supervision order (1) The Secretary or the offender may at any time (including time during which the offender is remanded in custody or is serving a custodial sentence), with the leave of the court that made the order, apply to the court to review any condition of the supervision order or interim supervision order other than a core condition. (2) An application may be accompanied by a certificate of available resources or a progress report or both. (3) The court may grant leave under this section if the court is satisfied that— (a) new facts or circumstances have arisen since the conditions were made that would justify the review; or (b) it would generally be in the interests of justice, having regard to the purposes of the conditions and the manner or effect of their implementation, to review the conditions. (4) Before determining whether to grant leave, the court may request a further certificate of available resources from the Secretary. (5) The court must have regard to a certificate of available resources in considering the matters under subsection (3). -- 104 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 92 Authorised by the Chief Parliamentary Counsel 111 Power of court on review of conditions (1) If the court grants leave for an application under section 110, the court must grant the offender, the Authority and the Secretary the opportunity to be heard in respect of the application. (2) The court must consider any submissions made under subsection (1) and any certificate of available resources. (3) The court may— (a) vary, add or remove any conditions of the supervision order; or (b) confirm the conditions of the supervision order; or (c) review the supervision order in accordance with this Part. (4) If the court exercises a power under subsection (3) in respect of a supervision order, the court must ensure that the conditions of the order are in accordance with the requirements of section 14 and Division 3 of Part 3 and make any variations or additions to the conditions that are necessary for this purpose. (5) Divisions 3 and 4 of Part 3 (with any necessary modifications) apply to the addition or variation of a condition under this section. 112 Leave not required in certain circumstances for review of core conditions (1) Despite anything to the contrary in section 102, an application under section 102(1) for review of a supervision order may be made to the court without obtaining leave under that section if the application for review is on the ground that amendments to section 31 which amend the core conditions to which the supervision order is subject have come into operation since -- 105 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 93 Authorised by the Chief Parliamentary Counsel the supervision order was made or last renewed or reviewed. (2) On an application under subsection (1)— (a) the court must make any variation or addition to the core conditions of a supervision order that are necessary to ensure that the core conditions accord with section 31; and (b) the court may deal with any other matter that could be the subject of an application under section 102 if satisfied that— (i) there are new facts or circumstances which would justify the review of the order; or (ii) it would be in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation, to review the order. Note See also sections 106(6) and 111(4). 113 Application for review of intensive treatment and supervision condition (1) Not later than 12 months after an intensive supervision and treatment condition is imposed on a supervision order and thereafter at 12 monthly intervals during the period of the condition, the Secretary must apply to the court that made the supervision order for a review of the condition. (2) An application under subsection (1) must be accompanied by— (a) the treatment and supervision plan in respect of the offender; and (b) an assessment report or the latest progress report, if any, in respect of the offender. -- 106 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 94 Authorised by the Chief Parliamentary Counsel (3) This section does not limit section 102. (4) An application is not required to be made under this section if, at the time for review of an intensive treatment and supervision condition— (a) the Secretary has applied under section 43 to extend the intensive treatment and supervision condition; or (b) the Secretary has applied under section 99 to review the supervision order on which the intensive treatment and supervision condition has been imposed; or (c) the Secretary has applied under section 110 to review the conditions of the relevant supervision order. 114 Determination of application for review of intensive treatment and supervision condition (1) On an application under section 113, the court must revoke the intensive treatment and supervision condition unless the court is satisfied that— (a) the condition is necessary to reduce the risk of the offender committing a serious sex offence or a serious violence offence or both; and (b) the risk cannot be reduced using a less restrictive means of supervision. (2) In making a determination under subsection (1), the court must have regard to— (a) whether the treatment and services referred to in the treatment and supervision plan were offered to the offender; and (b) the offender's engagement with or participation in the treatment and services; and -- 107 of 326 -- Part 8—Review of orders and conditions Serious Offenders Act 2018 No. 27 of 2018 95 Authorised by the Chief Parliamentary Counsel (c) whether any changes are required to the treatment and supervision plan. (3) If the court is satisfied as required by subsection (1), the court may— (a) confirm the intensive treatment and supervision condition; or (b) if the court is satisfied that exceptional circumstances exist, extend the condition for a period not exceeding 12 months specified by the court. -- 108 of 326 -- Part 9—Appeals Serious Offenders Act 2018 No. 27 of 2018 96 Authorised by the Chief Parliamentary Counsel Part 9—Appeals Division 1—Appeals relating to orders made under Part 3, 4, 5, 6, 7 or 8 115 Appeal by offender (1) An offender who is subject to a supervision order, an interim supervision order, a detention order or an interim detention order may appeal to the Court of Appeal against a decision made by a court— (a) to make the order; or (b) to renew or extend the order; or (c) to impose conditions (other than core conditions) on the order; or (d) to declare a condition on a supervision order or an interim supervision order to be a restrictive condition under section 41; or (e) to extend an intensive treatment and supervision condition imposed on the order; or (f) to cancel or suspend the offender's firearms authority; or (g) to revoke or suspend— (i) a weapons approval held by the offender; or (ii) the application of a weapons exemption to the offender; or (h) to specify a particular period of operation of the order; or (i) not to revoke the order on a review under Part 8; or (j) to revoke the order and make a new supervision order or detention order. -- 109 of 326 -- Part 9—Appeals Serious Offenders Act 2018 No. 27 of 2018 97 Authorised by the Chief Parliamentary Counsel (2) An offender who is subject to an emergency detention order may appeal to the Court of Appeal against a decision made by the Supreme Court— (a) to make the order; or (b) to specify a particular period of operation of the order. 116 Appeal by the Secretary If the Secretary considers that it is in the public interest to do so, the Secretary may appeal to the Court of Appeal against any of the following decisions made by a court— (a) not to make a supervision order or an interim supervision order; (b) not to renew a supervision order; (c) not to extend an interim supervision order; (d) to revoke a supervision order on a review under Part 8; (e) to specify a particular period of operation of a supervision order or an interim supervision order; (f) not to make an emergency detention order; (g) to specify a particular period of operation of an emergency detention order; (h) to impose or not to impose conditions (other than core conditions) on a supervision order or an interim supervision order; (i) to declare or not to declare a condition on a supervision order to be a restrictive condition under section 41; (j) not to extend an intensive treatment and supervision condition on a supervision order; -- 110 of 326 -- Part 9—Appeals Serious Offenders Act 2018 No. 27 of 2018 98 Authorised by the Chief Parliamentary Counsel (k) not to cancel or suspend an offender's firearms authority; or (l) not to revoke or suspend— (i) a weapons approval held by an offender; or (ii) the application of a weapons exemption to an offender. 117 Appeal by the DPP If the DPP considers that it is in the public interest to do so, the DPP may appeal to the Court of Appeal against a decision made by the Supreme Court— (a) not to make a detention order or an interim detention order; or (b) not to renew a detention order; or (c) not to extend an interim detention order; or (d) to revoke a detention order on a review under Part 8; or (e) to specify a particular period of operation of a detention order or an interim detention order. 118 How appeal is commenced (1) An appeal under this Division is commenced by filing with the Court of Appeal, in accordance with the rules of court, if any, a notice of appeal setting out the grounds of the appeal within— (a) 28 days after the day on which the decision appealed from was made; or (b) any extension of that period granted under subsection (2). -- 111 of 326 -- Part 9—Appeals Serious Offenders Act 2018 No. 27 of 2018 99 Authorised by the Chief Parliamentary Counsel (2) The Court of Appeal at any time may extend the time within which a notice of appeal may be filed under subsection (1) if the Court considers that it is in the interests of justice to do so. (3) As soon as practicable after filing a notice of appeal under subsection (1), the appellant must serve a copy of the notice on the respondent to the appeal. (4) If the Secretary or the DPP is the appellant, the document served under subsection (3) must be accompanied by a notice (in the prescribed form, if any) setting out the offender's rights in relation to the appeal and the procedure for the hearing and determination of the appeal. (5) The filing of a notice of appeal under subsection (1) does not operate as a stay of the decision appealed unless the court that made the decision or the Court of Appeal otherwise orders. 119 Conduct of appeal and powers to consider new evidence (1) Sections 125, 126, 127, 128, 129, 130, 131, 132 and 133 (with any necessary modifications) apply to the hearing of an appeal under this Division. (2) In considering an appeal under this Part, the Court of Appeal may— (a) consider new evidence that is relevant to the application; and (b) direct the Secretary to provide a new assessment report or progress report in respect of the offender. 120 Determination of appeal against decision not to make emergency detention order (1) On an appeal under section 116(f), the Court of Appeal must allow the appeal if the appellant satisfies the court that— -- 112 of 326 -- Part 9—Appeals Serious Offenders Act 2018 No. 27 of 2018 100 Authorised by the Chief Parliamentary Counsel (a) there is an error in the decision not to make an emergency detention order; and (b) an emergency detention order should have been made. (2) In any other case, the Court of Appeal must dismiss an appeal under section 116(f). (3) If the Court of Appeal allows an appeal under section 116(f), it may— (a) make an emergency detention order and any other order it considers appropriate in respect of the offender even if the offender has ceased to be an eligible offender because the relevant supervision order or interim supervision order has expired; or (b) remit the matter to the Supreme Court under section 121(1)(l). 121 Powers of Court of Appeal (1) Subject to section 120, on an appeal under this Division, the Court of Appeal may make any order that the court considers appropriate, including an order— (a) confirming the decision; or (b) revoking the supervision order or the renewed supervision order; or (c) revoking the detention order or the renewed detention order; or (d) revoking the emergency detention order; or (e) revoking the interim supervision order, interim detention order, extended interim supervision order or extended interim detention order; or -- 113 of 326 -- Part 9—Appeals Serious Offenders Act 2018 No. 27 of 2018 101 Authorised by the Chief Parliamentary Counsel (f) revoking an extension of an intensive treatment and supervision condition on a supervision order; or (g) if the decision was to vary or add a condition to a supervision order or an interim supervision order, revoking the variation or revoking or varying the condition; or (h) if the decision was to cancel or suspend a firearms authority or to revoke or suspend a weapons approval or the application of a weapons exemption, revoking the order; or (i) if the decision was to specify a particular period of operation of an order, varying the period of operation of the order; or (j) if the decision was to revoke an order made under this Act, reviving the order; or (k) if the decision was to revoke a supervision order and make a detention order, revoking the detention order and restoring the supervision order; or (l) setting aside the decision and remitting the matter to the court which made that decision, with or without any directions. (2) If the Court of Appeal sets aside a decision and remits a matter to a court under subsection (1)(l), the court to which the matter is remitted may, subject to subsection (3), make or renew a supervision order or detention order or make or extend an interim supervision order or interim detention order in respect of the offender even if— (a) the offender has ceased to be an eligible offender because the custodial sentence has been served or has expired; or -- 114 of 326 -- Part 9—Appeals Serious Offenders Act 2018 No. 27 of 2018 102 Authorised by the Chief Parliamentary Counsel (b) the order to be renewed or extended has expired. (3) Subsection (2) does not apply to— (a) a decision to make or not to make an emergency detention order; or (b) an offender who has ceased to be an eligible offender by reason of section 8(4). (4) A direction under subsection (1)(l) may include a direction as to whether or not the court to which the matter is remitted should be constituted by the judge who made the decision appealed. (5) If the Court of Appeal sets aside a decision to make or not to make an emergency detention order and remits a matter to the Supreme Court under subsection (1)(l), the Supreme Court may make the emergency detention order in respect of the offender even if the offender has ceased to be an eligible offender because the relevant supervision order or interim supervision order has expired. 122 Court of Appeal may make interim supervision order or interim detention order (1) On setting aside a decision and remitting a matter to a court under section 121(1)(l), the Court of Appeal may, subject to subsection (2), make an interim supervision order or an interim detention order (as the case requires) in respect of the offender if the Court of Appeal is satisfied that— (a) the making of the order is justified; and (b) it is in the public interest to make the order. (2) Subsection (1) does not apply to a decision to make or not to make an emergency detention order. -- 115 of 326 -- Part 9—Appeals Serious Offenders Act 2018 No. 27 of 2018 103 Authorised by the Chief Parliamentary Counsel (3) Subject to this section, this Act applies to an interim supervision order or interim detention order made by the Court of Appeal in the same way as it applies to any other like interim order. (4) The period of an interim supervision order or interim detention order made by the Court of Appeal is the period commencing on the making of the order and ending at the time when the matter has been determined by the court to which the matter has been remitted. Division 2—Appeals relating to publication of information 123 Appeal relating to publication of information (1) Any person affected by a decision of the court under Division 1 of Part 19 may appeal to the Court of Appeal against that decision. (2) On an appeal under subsection (1), the Court of Appeal may make any order that a court may make under Division 1 of Part 19. -- 116 of 326 -- Part 10—Procedure relating to applications Serious Offenders Act 2018 No. 27 of 2018 104 Authorised by the Chief Parliamentary Counsel Part 10—Procedure relating to applications 124 Exclusion of evidence from disclosure A court in which an application under this Act (other than Part 12) is commenced may by order exclude evidence from disclosure to an offender if the court is satisfied that— (a) it is in the public interest not to disclose it to the offender; and (b) the material cannot be suitably redacted or communicated to the offender in a way that would not prejudice the public interest; and (c) the making of the order would not lead to significant unfairness to the offender. 125 Hearing of application (1) A court in which an application under Part 3, 5 or 8 is commenced must not begin to hear the application until— (a) at least 25 working days have passed since it was commenced or, if satisfied that it is in the interests of justice to do so, any shorter period; and (b) the court is satisfied that the offender has had a reasonable opportunity to obtain an independent report of any kind. (2) Subsection (1) does not apply to a directions hearing under section 126. (3) The Supreme Court may begin to hear an application under Part 7 if the court is satisfied that— (a) it is in the interests of justice to do so; and -- 117 of 326 -- Part 10—Procedure relating to applications Serious Offenders Act 2018 No. 27 of 2018 105 Authorised by the Chief Parliamentary Counsel (b) the offender has had a reasonable opportunity to obtain— (i) an independent report of any kind; and (ii) legal representation. (4) Subsection (3)(b) does not apply to an application under Part 7 if the Supreme Court has made an order under section 88 that the application is to be heard and determined in the absence of the offender. (5) A court may adjourn the hearing of an application under Part 3, 5, 7 or 8 to give the offender the opportunity to obtain legal representation or an independent report of any kind or both. (6) An offender who obtains an independent report on which the offender intends to rely must as soon as practicable after obtaining it— (a) file a copy in court; and (b) serve a copy on the Secretary or the DPP (as the case requires). (7) An offender may obtain more than one independent report. (8) A court may resume a hearing that was adjourned under subsection (5) even if the offender is not legally represented or has not obtained an independent report if the court is satisfied that the offender has had a reasonable opportunity to do so. (9) In order to assist it in determining an application, a court may direct the Secretary or the DPP (as the case requires) or the offender to obtain and file in court, within a period specified by the court, a report of any kind. -- 118 of 326 -- Part 10—Procedure relating to applications Serious Offenders Act 2018 No. 27 of 2018 106 Authorised by the Chief Parliamentary Counsel (10) A copy of a report filed in court in accordance with a direction under subsection (9) must, subject to any order under section 124, be served on the other party as soon as practicable after it is filed. 126 Directions hearings (1) A court in which an application under Part 3, 4, 5, 6 or 7 is commenced may fix a date for a directions hearing to be conducted in relation to the hearing of the application. (2) At a directions hearing the court may give any direction that it considers necessary concerning the hearing of the application. (3) Subject to subsection (4), an offender is entitled to be present at a directions hearing. Note An offender may be present before the court by audio visual link or audio link in accordance with Part IIA of the Evidence (Miscellaneous Provisions) Act 1958. (4) Subsection (3) does not apply to a directions hearing in relation to an application for an emergency detention order if the Supreme Court has ordered under section 88 that the application is to be heard and determined in the absence of the offender. 127 Court may order offender to attend for personal examination (1) A court in which an application under Part 3, 4, 5, 6, 7 or 8 is commenced may at any time order the offender to whom the application relates to attend for a personal examination by a medical expert or any other person for the purpose of enabling that expert or other person to make a report, or give evidence, to the court. -- 119 of 326 -- Part 10—Procedure relating to applications Serious Offenders Act 2018 No. 27 of 2018 107 Authorised by the Chief Parliamentary Counsel (2) Nothing in this section empowers the making of an order that would require an offender to submit to a physical examination or in any way actively cooperate in the carrying out of a personal examination. 128 Attendance of offender at hearings (1) Subject to this section and section 88, an offender must be present during the hearing of an application under Part 3, 4, 5, 6, 7 or 8 in relation to the offender. Note An offender may be present before the court by audio visual link or audio link in accordance with Part IIA of the Evidence (Miscellaneous Provisions) Act 1958. (2) If an offender acts in a way that makes the hearing in the offender's presence impracticable, the court may order that the offender be removed and the hearing continue in the absence of the offender. (3) If an offender is unable to be present at the hearing of an application under Part 3, 4, 5, 6, 7 or 8 because of illness or for any other reason, the court may proceed with the hearing of the application in the absence of the offender if the court is satisfied that— (a) doing so will not prejudice the interests of the offender; and (b) the interests of justice require that the hearing should proceed in the absence of the offender. 129 Adjournment of hearing (1) A court hearing an application under Part 3, 4, 5, 6, 7 or 8 may adjourn the hearing of the proceeding— (a) to any time and place; and -- 120 of 326 -- Part 10—Procedure relating to applications Serious Offenders Act 2018 No. 27 of 2018 108 Authorised by the Chief Parliamentary Counsel (b) for any purpose; and (c) on any terms as to costs or otherwise— that it considers necessary or just in the circumstances. (2) On an adjournment, the Bail Act 1977 applies, with any necessary modifications, to and in respect of an offender who is being held in custody under section 138 as if the offender were accused of an offence and were being held in custody in relation to that offence. 130 Legal representation The offender is entitled to a reasonable opportunity to obtain legal representation for the hearing of an application under Part 3, 4, 5, 6, 7 or 8. 131 Admissibility of evidence (1) Subject to subsection (2) and sections 134 and 135, the rules of evidence apply to evidence adduced in the hearing of an application under Part 3, 4, 5, 6, 7 or 8. (2) In hearing an application under Part 3, 4, 5, 6, 7 or 8, a court may receive in evidence— (a) the offender's antecedents and criminal history; and (b) any material relied on in an assessment report or progress report relating to the offender; and (c) anything relevant to the issue contained in any medical, psychiatric, psychological or other report tendered in any proceeding against the offender for a serious sex offence or a serious violence offence. -- 121 of 326 -- Part 10—Procedure relating to applications Serious Offenders Act 2018 No. 27 of 2018 109 Authorised by the Chief Parliamentary Counsel 132 Matters to which court may have regard Without limiting any other provision of this Act, a court hearing an application under Part 3, 4, 5, 6, 7 or 8 may have regard to— (a) whether the offender cooperated, or cooperated fully, in the preparation of an assessment report or progress report, including any examination for the purposes of an additional assessment under Part 18; and (b) if the offender did not cooperate, or did not cooperate fully, in the preparation of an assessment report or progress report, the reasons of the offender for not doing so; and (c) whether an assessment report or progress report was made without a personal examination of the offender. 133 Reasons for determination A court that determines an application under Part 3, 4, 5, 6, 7 or 8 must— (a) state the reasons for its determination; and (b) cause those reasons to be entered in the records of the court; and (c) cause a copy of any order made by it to be provided to— (i) the Secretary; and (ii) the DPP if the DPP is an applicant or a respondent to the application; and (iii) the offender. -- 122 of 326 -- Part 10—Procedure relating to applications Serious Offenders Act 2018 No. 27 of 2018 110 Authorised by the Chief Parliamentary Counsel 134 Victim submission (1) This section does not apply to an application for an emergency detention order. (2) A person who is a victim of the offender may make a submission to the court for consideration by the court in relation to an application under Part 3, 4, 5, 6 or 8. (3) The Secretary or the DPP (as the case requires) must give notice of an application under Part 3, 4, 5, 6 or 8 to each person included on the victims register who is a victim of the eligible offender. (4) A notice under subsection (3) must specify— (a) the nature of the application; and (b) the period within which the victim submission can be made in relation to the application. (5) A person who is given notice under subsection (3) and wishes to make a victim submission must do so within the period specified in the notice. (6) A victim submission must— (a) be in writing; and (b) address matters relating to the person's views about any conditions to which a supervision order or interim supervision order should be subject; and (c) include the prescribed matters, if any. (7) In this section— victim has the same meaning as in section 30A of the Corrections Act 1986; victims register has the same meaning as in the Corrections Act 1986. -- 123 of 326 -- Part 10—Procedure relating to applications Serious Offenders Act 2018 No. 27 of 2018 111 Authorised by the Chief Parliamentary Counsel 135 Victim submission not to be released to offender without consent (1) A court must not release a victim submission to an offender in respect of whom an order is being made unless— (a) in the opinion of the court, the release of the submission is essential in the interests of fairness and justice; and (b) before releasing the victim submission, the court has asked the person who made the victim submission whether the person— (i) consents to the submission being released to the offender; or (ii) wishes to amend the submission so that it can be released to the offender; or (iii) wishes to withdraw the submission. (2) If a person who made a victim submission does not— (a) consent to the submission being released to the offender; or (b) amend the submission so that it can be released to the offender; or (c) withdraw the submission— when asked by the court under subsection (1)(b), the court— (d) must not release the victim submission to the offender; and (e) in considering the victim submission when determining to impose a condition on the supervision order, may reduce the weight it would otherwise have given to the submission if the person who made it -- 124 of 326 -- Part 10—Procedure relating to applications Serious Offenders Act 2018 No. 27 of 2018 112 Authorised by the Chief Parliamentary Counsel had consented as provided for in subsection (1)(b). (3) Despite subsections (1) and (2), the court may take reasonable steps to disclose to the offender, or the offender's legal representative, the substance of the victim submission if the court is satisfied that those steps would not reasonably lead to the identification of the victim who made the submission. 136 Power to issue arrest warrant (1) The Secretary or the DPP may apply to a judge of the Supreme Court or a judge of the County Court before which an application in respect of an offender is being heard for the issue of a warrant to arrest under subsection (2) or (3). (2) Subject to subsection (4), a judge referred to in subsection (1) may issue in accordance with the Magistrates' Court Act 1989 a warrant to arrest an offender who fails to attend a hearing before the court under Part 3, 4, 5, 6, 7, 8 or 9 if satisfied that— (a) notice of the hearing was served on the offender; or (b) there are reasonable grounds to believe that the offender is evading service of the notice of the hearing. (3) Subject to subsection (4), a judge referred to in subsection (1) may issue in accordance with the Magistrates' Court Act 1989 a warrant to arrest an offender who is the subject of an application to the court under Part 3, 4, 5, 6, 7, 8 or 9 if satisfied that the offender has absconded or is unlikely to attend a hearing held under that Part. (4) A judge of the Supreme Court must not issue a warrant under subsection (2) or (3) if the Supreme Court has ordered under section 88 that -- 125 of 326 -- Part 10—Procedure relating to applications Serious Offenders Act 2018 No. 27 of 2018 113 Authorised by the Chief Parliamentary Counsel an application for an emergency detention order is to be heard and determined in the absence of the offender. (5) Except as provided by this Act, the rules to be observed with respect to warrants to arrest under the Magistrates' Court Act 1989 (except sections 62 and 64(2)) extend and apply to warrants issued under this section. 137 Execution of warrant to arrest (1) A warrant to arrest issued under section 136 may be executed by any police officer. (2) A person executing a warrant to arrest issued under section 136 may use any reasonable force that is necessary to enter any premises, vessel, aircraft or vehicle for the purpose of executing the warrant. (3) A person executing a warrant to arrest issued under section 136 may use only the reasonable force that is necessary for the execution of the warrant. (4) A person executing a warrant is not liable for injury or damage caused by the use of force in accordance with this section. (5) A person who uses force to execute a warrant to arrest issued under section 136 must report the fact as soon as possible to the Chief Commissioner of Police. (6) The Chief Commissioner of Police must report to the Secretary as soon as possible any use of force by a person that has been reported to the Chief Commissioner of Police under this section. 138 Arrested offender to be brought before court (1) An offender arrested under a warrant issued under section 136 must be brought as soon as practicable before the court referred to in section 136(1). -- 126 of 326 -- Part 10—Procedure relating to applications Serious Offenders Act 2018 No. 27 of 2018 114 Authorised by the Chief Parliamentary Counsel (2) If an arrested offender is brought before the court in accordance with subsection (1) or (3), the court may— (a) grant the offender bail, with any security that the court thinks fit, on any conditions that the court thinks fit, for the purpose of ensuring the attendance of the offender before the court at the hearing of the application under Part 3, 4, 5, 6, 7, 8 or 9; or (b) order the continued detention of the offender in police custody for the purpose of ensuring the attendance of the offender at the hearing of the application under Part 3, 4, 5, 6, 7, 8 or 9 until the conclusion of the hearing; or (c) if the court is satisfied that there are reasonable grounds to believe that it is necessary to prevent the offender from escaping from police custody, order the detention of the offender in a prison or a police gaol for the purpose of ensuring the attendance of the offender at the hearing of the application under Part 3, 4, 5, 6, 7, 8 or 9 until the conclusion of the hearing; or (d) order the release of the offender. (3) An offender who is detained under this section must be brought before the court within 14 days, or any other period fixed by the court, after the last appearance of the offender before the court. (4) If an offender, other than an offender detained in accordance with an order made under subsection (2)(c), is to be detained overnight under this section, the Chief Commissioner of Police must arrange for the offender to be provided with accommodation and meals to a standard comparable to that generally provided to jurors kept together overnight. -- 127 of 326 -- Part 10—Procedure relating to applications Serious Offenders Act 2018 No. 27 of 2018 115 Authorised by the Chief Parliamentary Counsel (5) If an offender is detained in a prison in accordance with an order made under subsection (2)(c), the court may order that the offender be delivered into the custody of a police officer to bring the offender before the court on the hearing of an application under Part 3, 4, 5, 6, 7, 8 or 9. -- 128 of 326 -- Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 116 Authorised by the Chief Parliamentary Counsel Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders 139 Directions by Authority The Authority should aim to ensure that any directions it gives to an offender— (a) constitute the minimum interference with the offender's liberty, privacy or freedom of movement that is necessary in the circumstances to ensure the purposes of the conditions; and (b) are reasonably related to the gravity of the risk of the offender re-offending, whether by committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3 or by engaging in any behaviour or conduct that threatens the safety of any person (including the offender). 140 Directions by Authority authorised by condition of supervision order or interim supervision order If the conditions of a supervision order or interim supervision order authorise the Authority to give directions to an offender, the Authority may give directions to an offender in accordance with that authorisation. 141 Electronic monitoring directions by Authority If the Authority gives a direction authorised by a condition referred to in section 36(4)(c), the Authority must also give the following directions— (a) the offender must comply with any direction given by the Authority relating to the electronic monitoring; -- 129 of 326 -- Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 117 Authorised by the Chief Parliamentary Counsel (b) the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the offender at the direction of the Authority; (c) the offender must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring; (d) the offender must accept any visit by the Secretary to the residential facility, at any time that it is reasonably necessary and for any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring of the offender's compliance with the direction that the offender reside at the residential facility. 142 Emergency power of direction (1) The emergency power of the Authority is the power to give directions to an offender to manage the offender in a way that is inconsistent with, or not provided for by the conditions of the supervision order or interim supervision order. (2) The Authority may exercise its emergency power to give a direction to the offender if— (a) there is an imminent risk of harm to the offender or to the community; or (b) accommodation specified by the court as a condition of the order becomes unavailable— and the Authority believes on reasonable grounds that because of the urgency of the situation it is not practicable for an application to be made to the court for a variation of the conditions of the supervision order or interim supervision order. -- 130 of 326 -- Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 118 Authorised by the Chief Parliamentary Counsel (3) The Authority may not exercise its emergency power to give a direction to reside at a residential facility to an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious violence offence. (4) The Authority may not exercise its emergency power to give a direction to an offender to reside at a residential treatment facility. (5) An emergency direction ceases to have effect 72 hours after it is given. (6) If the Authority gives a direction under this section, it must notify the Secretary of that direction before it ceases to have effect. 143 Urgent review of conditions of supervision order or interim supervision order (1) This section applies if the Authority gives a direction under its emergency power and believes that the management of the offender under that direction should continue for more than 72 hours. (2) The Authority may recommend to the Secretary that an urgent application be made to the court under Part 8 for a review of the conditions of the supervision order or interim supervision order. 144 Report to the court (1) This section applies if the Authority exercises its emergency power in relation to an offender. (2) The Secretary must, within 5 working days after the Authority initiates the use of the emergency power, report to the court that made the supervision order or interim supervision order in respect of the offender. (3) The report must set out— (a) details of the emergency situation; and -- 131 of 326 -- Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 119 Authorised by the Chief Parliamentary Counsel (b) an explanation as to why the offender could not be managed during the emergency situation consistently with the conditions of the supervision order or interim supervision order; and (c) how the emergency power was exercised; and (d) how the emergency situation was resolved. 145 Instructions In addition to its powers to give directions authorised under a supervision order or interim supervision order, the Authority may give any instructions to an offender that are necessary to give effect to the conditions of or directions under a supervision order or interim supervision order and are consistent with that order. 146 Notice of directions or instructions The Authority must notify the offender of any directions or instructions it gives in relation to the offender. 147 Offender may make submissions (1) The offender is entitled to make written submissions to the Authority about a direction relating to the offender. (2) The submissions must be made within 21 days after the notice of the direction is given to the offender. (3) In the submissions, the offender may specify that the offender wishes to attend a meeting of the Authority to be heard in relation to the submissions. -- 132 of 326 -- Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 120 Authorised by the Chief Parliamentary Counsel 148 Attendance of offender at meetings of Authority (1) If required by the Authority, an offender must attend a meeting of the Authority for a purpose relating to the giving of a direction or instruction by the Authority. (2) An offender who has specified under section 147 that the offender wishes to attend a meeting of the Authority to be heard in relation to the submissions is entitled to be present at the part of a meeting of the Authority at which the Authority considers the submissions. (3) At the meeting the offender— (a) must be given the opportunity to be heard in relation to the direction; and (b) may ask the reasons for the direction; and (c) may give a response to those reasons. (4) For the purposes of this section, an offender may be present before the Authority by audio visual link or audio link. (5) For the purposes of subsection (4), the Authority must be satisfied that both the place where the meeting of the Authority is to be held and the place where the offender is are equipped with facilities that— (a) if the offender is present by audio visual link— (i) enable all the members of the Authority attending the meeting to see and hear the offender; and (ii) enable the offender to see and hear all the members of the Authority attending the meeting; or -- 133 of 326 -- Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 121 Authorised by the Chief Parliamentary Counsel (b) if the offender is present by audio link— (i) enable all the members of the Authority attending the meeting to hear the offender; and (ii) enable the offender to hear all the members of the Authority attending the meeting. (6) The Authority may hold a meeting of a kind referred to in subsection (2) in the absence of the offender if the Authority is satisfied that the offender does not wish to be present at the meeting. (7) In this section— audio link means facilities (including telephone) that enable audio communication between persons at different places; audio visual link means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places. 149 Decision of Authority on submissions The Authority must consider the offender's written submissions under section 147 and any response by the offender at a meeting under section 148 and confirm or vary the direction as soon as practicable. 150 Reasons for directions (1) The Authority must give the offender a statement of reasons for its decision under section 149 as soon as practicable after making the decision. (2) At the written request of the offender, the Authority must give the offender a statement of reasons for any other decision made by the Authority in relation to the offender. -- 134 of 326 -- Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 122 Authorised by the Chief Parliamentary Counsel (3) The request under subsection (2) must be made within 28 days after the decision is made. (4) The Authority must give the statement of reasons under subsection (2) as soon as practicable, and in any event within 15 working days, after the request is received. (5) The statement of reasons must set out— (a) the reasons for the decision; and (b) the findings on material questions of fact that formed the basis of the decision, referring to the evidence or other material on which those findings were based. (6) A statement of reasons need not be given under this section if the Authority has already given a written statement containing the matters referred to in subsection (5) to the offender (whether as part of the decision or separately). (7) The Authority is not required to give a statement of reasons to an offender if the chairperson considers that it is not in the public interest to do so, having regard to the nature of the evidence or information that would be disclosed by the giving of the statement. 151 Offender may inspect documents with permission of the Authority (1) An offender, with the permission of the Authority, may inspect any document that contains any evidence on which the Authority has relied or intends to rely in making a decision to give a direction or instruction to the offender. (2) The Authority may refuse permission under subsection (1) if the chairperson considers that it is not in the public interest to permit the inspection of the documents, having regard to the -- 135 of 326 -- Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 123 Authorised by the Chief Parliamentary Counsel nature of the evidence or information that would be disclosed by the inspection. (3) An offender may not make a copy of any document inspected by the offender under subsection (1) and must return the document to the Authority within the time specified by the Authority. 152 Authority must notify Secretary of certain matters If the Authority grants permission under section 151 to an offender, the Authority, within 7 working days after granting the permission, must notify the Secretary setting out details of the permission granted. 153 Victim submissions (1) A person who is a victim (within the meaning of section 30A of the Corrections Act 1986) of the offender may make a submission to the Authority for consideration by the Authority in determining any direction it may give to an offender under the conditions of a supervision order or interim supervision order. (2) The Authority must give notice of a proposed direction to each person included on the victims register established under the Corrections Act 1986 who is a victim (within the meaning of section 30A of that Act) of the offender. (3) The notice must specify— (a) the nature of the direction; and (b) the period within which the victim submission can be made in relation to the direction. (4) A person wishing to make a victim submission must do so within the period specified in a notice served on the person under subsection (2). -- 136 of 326 -- Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 124 Authorised by the Chief Parliamentary Counsel (5) A victim submission must— (a) be in writing; and (b) address matters relating to the person's views about any directions to which the offender should be subject; and (c) include any other prescribed matters. 154 How victim submissions are dealt with by the Authority (1) Before giving an offender any direction under a supervision order or interim supervision order, the Authority— (a) must consider whether it is appropriate for it to consider victim submissions in relation to the matter to be determined, having regard to the conditions of the supervision order or interim supervision order; and (b) if it considers it appropriate— (i) must consider any victim submission it receives in relation to the matter being determined; and (ii) may, in its absolute discretion, give that submission the weight that the Authority sees fit in determining whether to give a direction. (2) The Authority must not release a victim submission to the offender in relation to whom the direction is being determined unless— (a) the release of the submission is, in the opinion of the Authority, essential in the interests of fairness and justice; and -- 137 of 326 -- Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders Serious Offenders Act 2018 No. 27 of 2018 125 Authorised by the Chief Parliamentary Counsel (b) before releasing the victim submission, the Authority has asked the person who made the victim submission whether the person— (i) consents to the submission being released to the offender; or (ii) wishes to amend the submission so that it can be released to the offender; or (iii) wishes to withdraw the submission. (3) If a person who made a victim submission does not— (a) consent to the submission being released to the offender; or (b) amend the submission so that it can be released to the offender; or (c) withdraw the submission— when the person is asked whether the person wishes to do so by the Authority under subsection (2)(b), the Authority— (d) must not release the victim submission to the offender; and (e) in considering the victim submission when determining to give a direction, may reduce the weight it would otherwise have given to the submission if the person who made it had complied with subsection (2)(b). (4) Despite subsections (2) and (3), the Authority may take reasonable steps to disclose to the offender, or the offender's legal representative, the substance of the victim submission if the Authority is satisfied that those steps would not reasonably lead to the identification of the victim who made the submission. -- 138 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 126 Authorised by the Chief Parliamentary Counsel Part 12—Contravention of supervision order or interim supervision order Division 1—Holding power if imminent risk of contravention 155 Police officer may apprehend and detain offender subject to supervision order or interim supervision order (1) If there are reasonable grounds to suspect that there is an imminent risk that an offender who is subject to a supervision order or an interim supervision order will contravene a condition of the order, a police officer may apprehend and detain the offender. (2) An offender apprehended by a police officer under subsection (1) may be detained— (a) in a police station; or (b) in a police gaol if the police officer considers it necessary— (i) to protect any person or property; or (ii) to prevent the offender from escaping from detention. Note Section 49E of the Summary Offences Act 1966 sets out an offence of escaping from lawful custody. (3) Section 479C of the Crimes Act 1958 does not apply to an offender apprehended and detained under this section. 156 Search of detained offender (1) If a police officer suspects on reasonable grounds that an offender who is detained under section 155 is in possession of an object that may cause injury -- 139 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 127 Authorised by the Chief Parliamentary Counsel or damage or may be used to escape from detention, the police officer may search— (a) the offender; and (b) any vehicle, package or thing in the possession of the offender. (2) For the purposes of subsection (1), a suspicion that conducting a search under subsection (1) would provide evidence that an offence has been or is being committed is not sufficient grounds for conducting a search. 157 Use of reasonable force (1) A police officer may use reasonable force— (a) to apprehend and detain an offender under section 155; and (b) to conduct a search under section 156. (2) A police officer who uses force to apprehend and detain an offender under section 155 or to conduct a search under section 156 must report that fact to the Chief Commissioner of Police as soon as practicable. (3) The Chief Commissioner of Police must notify the Secretary as soon as practicable after any use of force by a police officer under section 155 or 156 that has been reported to the Chief Commissioner of Police. 158 Procedural requirements after apprehension (1) As soon as practicable after the apprehension of an offender under section 155, a police officer— (a) must inform the offender that the offender— (i) may communicate, or attempt to communicate, with a friend or relative to inform that person of the whereabouts of the offender; and -- 140 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 128 Authorised by the Chief Parliamentary Counsel (ii) may communicate, or attempt to communicate, with a legal practitioner; and (b) must give the offender a notice containing the prescribed information concerning the detention and the rights of the offender under this Division. (2) If an offender wishes to communicate with a friend, relative or legal practitioner, a police officer— (a) must afford the offender reasonable facilities as soon as practicable to enable the offender to do so; and (b) must allow the offender's legal practitioner or a clerk of the legal practitioner to communicate with the offender in circumstances in which, as far as practicable, the communication will not be overheard. (3) If an offender does not have sufficient knowledge of the English language to enable the offender to understand why the offender is subject to detention, a police officer must arrange for the offender to have access to a competent interpreter. 159 Duration of detention The maximum period for which an offender may be detained under this Division is a continuous period of 72 hours commencing on detention. 160 No questioning during detention If an offender is detained under this Division, a police officer must not question the offender in relation to— (a) an offence; or (b) an alleged offence; or -- 141 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 129 Authorised by the Chief Parliamentary Counsel (c) an alleged contravention of a condition of a supervision order or an interim supervision order. 161 Secretary to be notified of apprehension and detention (1) A police officer must notify the Secretary immediately if an offender is apprehended and detained under section 155. (2) The Secretary must notify the Authority as soon as practicable of the apprehension and detention of an offender under section 155. Division 2—Power of arrest 162 Police officer may arrest without warrant (1) A police officer may arrest without warrant an offender if the police officer reasonably suspects that the offender has committed an offence against section 169. (2) An offender who is arrested under this section must, as soon as practicable, be remanded in custody or released on bail in accordance with the Bail Act 1977. (3) In addition to the requirements of the Bail Act 1977, any period that an offender has been detained under Division 1 must be taken into account in determining whether the offender should be released on bail. 163 Entry and search of premises in order to arrest offender (1) For the purpose of arresting an offender under section 162, a police officer may enter and search any premises (including any residence or vehicle) where the police officer reasonably suspects the offender to be present. -- 142 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 130 Authorised by the Chief Parliamentary Counsel (2) If necessary, a police officer may use reasonable force to enter premises under subsection (1). (3) In conducting a search under subsection (1), a police officer may— (a) search that part of the premises that is occupied by the offender, and any thing (including any vehicle) belonging to, or in the possession of or under the control of, the offender at the premises; and (b) search (by a garment search or a pat-down search or both) and examine the offender at the premises. (4) To the extent practicable, a pat-down search must be conducted by a person of the same sex as the offender being searched. (5) In conducting a search under subsection (1), a police officer may seize or take a sample of any thing belonging to, or in the possession of or under the control of, the offender if the police officer suspects on reasonable grounds that— (a) the thing will afford evidence of the commission of any indictable offence; and (b) it is necessary to seize or take a sample of that thing in order to prevent— (i) its concealment, loss or destruction; or (ii) its use in the commission of any indictable offence. (6) In conducting a search under subsection (1), a police officer may seize any thing belonging to, or in the possession of or under the control of, the offender which the police officer reasonably suspects— -- 143 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 131 Authorised by the Chief Parliamentary Counsel (a) will compromise— (i) the welfare or safety of a member of the public; or (ii) the offender's compliance with the supervision order or interim supervision order; or (b) relates to behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of the supervision order or interim supervision order. (7) A police officer may examine any thing or operate any electronic equipment seized under subsection (6) for the purpose of investigating— (a) whether the offender has complied with a supervision order or interim supervision order; or (b) whether the offender has re-offended or has contravened the conditions of a supervision order or interim supervision order. (8) Section 236 applies with any necessary modifications to a police officer conducting a search or seizure under this section. (9) If necessary, a police officer may use reasonable force to conduct a search or a seizure under this section. (10) A search under this section may continue only for as long as required to achieve the purpose of the search. (11) A police officer exercising a power of seizure under this section may direct any of the following persons accompanying the police officer to exercise those powers subject to the police officer's direction— -- 144 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 132 Authorised by the Chief Parliamentary Counsel (a) a Victoria Police employee within the meaning of the Victoria Police Act 2013; (b) any person who delivers services or advice on behalf of Victoria Police. (12) The Chief Commissioner of Police must include in the register maintained under section 237 things seized by a police officer under this section. (13) Sections 239, 240, 241(1), 242, 243, 244, 245, 246 and 247 apply with any necessary modifications to things seized under this section. 164 Announcement before entry (1) Subject to subsection (2), a police officer exercising a power of entry under section 163— (a) must announce that the police officer is authorised by law to enter the premises; and (b) if the police officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises. (2) A police officer need not comply with subsection (1) if the police officer reasonably suspects that immediate entry to the premises is required to ensure— (a) the safety of any person; or (b) that an offence against section 169 does not continue; or (c) that the arrest of an offender in relation to an offence against section 169 is not frustrated. -- 145 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 133 Authorised by the Chief Parliamentary Counsel 165 Warning that search or seizure is to occur and that reasonable force may be used Immediately before a search or a seizure under section 163 is carried out, a police officer must inform the offender that— (a) the search or seizure (as the case requires) is to occur; and (b) reasonable force may be used to assist in the conduct of the search or seizure. 166 Reporting of use of force (1) A police officer must report as soon as practicable to the Chief Commissioner of Police the use of force— (a) to carry out a search or a seizure under section 163; or (b) to enter premises under section 163. (2) The Chief Commissioner of Police must notify the Secretary as soon as practicable after any use of force by a police officer under section 163 that has been reported to the Chief Commissioner of Police. 167 Reporting of use of power of entry (1) The Chief Commissioner of Police must notify the Secretary in writing of the exercise of a power of entry under section 163. (2) The Secretary must report to the Authority any exercise of a power of entry under section 163 that has been reported to the Secretary. -- 146 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 134 Authorised by the Chief Parliamentary Counsel 168 Power to arrest offender in residential treatment facility suspected of contravening supervision order or interim supervision order (1) A supervision officer or a specified officer may without warrant arrest an offender in a residential treatment facility if the officer believes on reasonable grounds that the offender has contravened the conditions of the supervision order or interim supervision order to which the offender is subject, by— (a) committing a serious sex offence; or (b) committing a serious violence offence; or (c) committing an offence referred to in Schedule 3; or (d) engaging in conduct that poses a risk to the good order of the facility; or (e) engaging in conduct that poses a risk to the safety or welfare of— (i) offenders or staff at the facility; or (ii) visitors to the facility. (2) If necessary, a supervision officer or a specified officer may use reasonable force to arrest an offender under subsection (1). (3) A supervision officer or a specified officer who has arrested an offender under subsection (1)— (a) must deliver the offender into the custody of a police officer as soon as practicable after the arrest to be dealt with according to law; and (b) may detain the offender in a suitable place in the residential treatment facility until the offender is delivered into the custody of a police officer under paragraph (a). -- 147 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 135 Authorised by the Chief Parliamentary Counsel Division 3—Contravention of supervision order or interim supervision order 169 Offence to contravene supervision order or interim supervision order (1) An offender who is subject to a supervision order or an interim supervision order must not, without reasonable excuse, contravene a condition of the order. Penalty: Level 6 imprisonment (5 years maximum). (2) Subsection (1) does not apply to a contravention by the offender of— (a) a condition relating to medical treatment; or (b) a condition by engaging in conduct that threatens the safety of the offender or that causes harm to the offender. Notes 1 In the case of intentional or reckless contravention of a restrictive condition of a supervision order or an interim supervision order, section 10AB of the Sentencing Act 1991 requires that a term of imprisonment of not less than 12 months be imposed for an offence against this section unless the court finds under section 10A of that Act that a special reason exists. 2 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10AB of that Act do not apply and the court has full sentencing discretion. 170 Authority may inquire into contravention (1) The Authority may inquire into an alleged contravention of a condition of a supervision order or an interim supervision order by an offender. -- 148 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 136 Authorised by the Chief Parliamentary Counsel (2) After conducting an inquiry under subsection (1) the Authority, having regard to the seriousness of the alleged contravention, may do one or more of the following— (a) take no action; (b) give a formal warning to the offender; (c) vary a direction that the Authority has given to the offender under a condition of the supervision order or the interim supervision order; (d) recommend that the Secretary apply under Part 8 for a review of the conditions of the supervision order or the interim supervision order; (e) recommend that the Secretary refer the matter to the DPP to consider whether an application for a detention order should be made in respect of the offender; (f) recommend that the Secretary commence a criminal proceeding against the offender in respect of the alleged contravention. 171 Procedure on inquiry (1) For the purposes of an inquiry under section 170, the Authority may require the offender to attend before the Authority. (2) Subject to subsection (3), the Authority must give to the offender any report or other information on which the Authority intends to rely at the inquiry. (3) The Authority need not give to the offender a report or other information if the chairperson of the Authority considers that it is not in the public interest to do so. -- 149 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 137 Authorised by the Chief Parliamentary Counsel (4) Subject to subsection (5), the Authority must give the offender an opportunity to respond to a report or information given under subsection (2). (5) The Authority may complete its inquiry without hearing the offender if— (a) the offender refuses to attend before the Authority when required to do so; or (b) the Authority considers that it must complete its inquiry as soon as practicable; or (c) the Authority considers it appropriate to do so. 172 Serious contravention (1) The Authority may consider that conduct of an offender constitutes a serious contravention of a condition of a supervision order or an interim supervision order if the conduct— (a) creates a risk to the safety of the community; or (b) is a repeated contravention of a condition; or (c) may increase the risk that the offender may commit a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or (d) is preparatory to the commission of a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or (e) threatens the safety of any person; or (f) seriously compromises the rehabilitation or treatment of the offender. -- 150 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 138 Authorised by the Chief Parliamentary Counsel (2) Nothing in subsection (1) limits the circumstances in which conduct of an offender may be considered to constitute a serious contravention of a condition of a supervision order or an interim supervision order. (3) This section does not apply to a contravention by the offender of— (a) a condition relating to medical treatment; or (b) a condition by engaging in conduct that threatens the safety of the offender or that causes harm to the offender. 173 Commencement of criminal proceeding for offence against section 169 (1) A criminal proceeding for an offence against section 169 may be commenced by the Secretary or a police officer. (2) Subject to subsection (3), a criminal proceeding for an offence against section 169 is to be heard and determined by the Supreme Court or the County Court, being the court that made the supervision order or interim supervision order that is the subject of the charge. (3) A criminal proceeding for an offence against section 169 in relation to an interim supervision order made by the Court of Appeal under section 122 is to be heard in the court to which the matter has been remitted under section 121(1)(k). (4) A summons to answer to a charge against section 169 issued under section 12 of the Criminal Procedure Act 2009 must direct that the accused attend before the Supreme Court or the County Court (as the case requires) to answer to the charge. -- 151 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 139 Authorised by the Chief Parliamentary Counsel (5) Despite section 64(2)(a) of the Magistrates' Court Act 1989, a warrant to arrest an accused charged with an offence against section 169 authorises the person to whom it is directed to bring the accused before a bail justice or the Supreme Court or the County Court (as the case requires) within a reasonable time after being arrested to be dealt with according to law. (6) The Magistrates' Court, by order, is to transfer a criminal proceeding for an offence against section 169 to the Supreme Court or the County Court (as the case requires). (7) For the purposes of subsection (6), the Magistrates' Court may be constituted by a proper officer of the court prescribed by rules of the court. 174 Supreme Court or County Court may conduct summary hearing (1) The Supreme Court or the County Court may hear and determine summarily a charge for an offence against section 169. (2) Sections 28 and 29 of the Criminal Procedure Act 2009 apply as if a reference to the Magistrates' Court were a reference to the Supreme Court or the County Court. (3) If the Supreme Court or the County Court grants a summary hearing, the hearing and determination of the charge must be conducted in accordance with Part 3.3 of the Criminal Procedure Act 2009 as far as practicable. (4) The court may impose any sentence in respect of an offence against section 169 that is heard and determined summarily that could be imposed by the Magistrates' Court. -- 152 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 140 Authorised by the Chief Parliamentary Counsel (5) This section applies despite anything to the contrary in any Act or rule of law (other than the Charter of Human Rights and Responsibilities Act 2006). 175 Transfer of proceeding for related summary offence (1) In this section, related offence has the same meaning as in the Criminal Procedure Act 2009. (2) Subject to subsection (3), if the Magistrates' Court transfers a proceeding under section 173, it must, by order, transfer to the same court all proceedings in respect of charges against the offender for summary offences that are related offences. (3) The Magistrates' Court may order that a proceeding for a summary offence referred to in subsection (2) is not transferred under this section if the offender and the prosecutor in the proceeding for the offence against section 169 agree. (4) For the purposes of this section, the Magistrates' Court may be constituted by a proper officer of the court prescribed by rules of the court. 176 Hearing and determination of related summary offence by Supreme Court or County Court (1) If an offender is before the Supreme Court or the County Court for an offence against section 169, the court may hear and determine a charge for a summary offence transferred under section 175 before sentencing or otherwise dealing with the offender. (2) If all charges for an offence against section 169 against an offender before the Supreme Court or the County Court have been discontinued, the court may hear and determine a charge for a summary offence transferred under section 175. -- 153 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 141 Authorised by the Chief Parliamentary Counsel (3) The court must hear and determine a charge for a summary offence without a jury and in accordance with Part 3.3 of the Criminal Procedure Act 2009 as far as practicable. (4) Without affecting the admissibility of any evidence which might be given apart from this subsection, on the hearing of a charge against an offender for a summary offence transferred under section 175, the court may admit as evidence in relation to the charge evidence given during a trial or summary hearing of the charge against the offender for an offence against section 169. (5) A party may adduce further evidence only with the leave of the court. (6) If the court considers it appropriate to do so, the court may transfer a proceeding for a summary offence transferred under section 175 back to the Magistrates' Court for hearing and determination. (7) The court may impose any sentence in respect of a summary offence transferred under section 175 that could be imposed by the Magistrates' Court. Note Rights of appeal in relation to summary offences heard and determined under section 176 are found in the Criminal Procedure Act 2009 by virtue of the definition of original jurisdiction in that Act. 177 Failure to attend If a proceeding is transferred under section 173 or 175, the Supreme Court or the County Court, as the case requires, may issue a warrant to arrest an offender if the offender does not attend before the court— (a) in answer to a summons to answer to a charge that has been served in accordance with the Criminal Procedure Act 2009; or -- 154 of 326 -- Part 12—Contravention of supervision order or interim supervision order Serious Offenders Act 2018 No. 27 of 2018 142 Authorised by the Chief Parliamentary Counsel (b) in accordance with the offender's conditions of bail. Note Section 330 of the Criminal Procedure Act 2009 provides for the issue of a warrant to arrest a person who has been remanded in custody or granted bail to attend a hearing but fails to attend. Section 411 of the Criminal Procedure Act 2009 provides for the issue of a warrant to arrest. -- 155 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 143 Authorised by the Chief Parliamentary Counsel Part 13—Management of offenders Division 1—Management of offenders at residential facilities 178 Appointment of residential facility (1) The Governor in Council, by order published in the Government Gazette, may appoint any premises (including part of any building or place) other than a prison, police gaol or residential treatment facility to be a residential facility for the purposes of this Act. (2) The maximum number of persons to reside at a residential facility is the number (if any) stated in the order. (3) The Governor in Council, by order published in the Government Gazette, may revoke the appointment of any premises as a residential facility. (4) An order under subsection (1) or (3) comes into operation on its making or on a later date stated in the order. 179 Purpose of residential facility The purpose of a residential facility is to provide for one or more of the following— (a) the supervision and case management of offenders on supervision orders or interim supervision orders; (b) the safe accommodation of offenders on supervision orders or interim supervision orders; (c) the protection of the community from offenders on supervision orders or interim supervision orders; -- 156 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 144 Authorised by the Chief Parliamentary Counsel (d) the provision of support to offenders to assist them in complying with the conditions of supervision orders or interim supervision orders. 180 Management of residential facility (1) The Commissioner is responsible for the management and good order of a residential facility. (2) In managing an offender at a residential facility the Commissioner must give effect to— (a) each condition of the supervision order or interim supervision order; and (b) each direction given by the Authority in accordance with the supervision order or interim supervision order. 181 Persons working at residential facility to be subject to direction A person working at a residential facility— (a) as a registered dentist, registered medical practitioner, registered nurse or health worker is subject to the directions of the Commissioner relating to the good order of the facility; or (b) in any other capacity, is subject to the directions of the Commissioner. 182 Duties of supervision officers and specified officers (1) When required by the Commissioner, a supervision officer or a specified officer working at or in connection with a residential facility must— (a) make reports, returns and keep records; and -- 157 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 145 Authorised by the Chief Parliamentary Counsel (b) give those reports, returns and records to the Commissioner or to any person or body stated in the requirement. (2) When required by the Commissioner, a supervision officer must— (a) report to a court concerning an offender; and (b) report to the Authority concerning an offender. (3) A supervision officer or a specified officer working at a residential facility— (a) must not jeopardise the good order of the facility; and (b) must report immediately to the officer in charge of the residential facility anything which might reasonably be thought to jeopardise the good order of the facility. (4) In relation to a supervision officer working at a residential facility as a registered dentist, registered medical practitioner, registered nurse or health worker, subsections (1) and (2) apply as if they referred to reports, returns and records concerning the good order of a residential facility only. (5) In this section, supervision officer includes a person working at or in connection with a residential facility as— (a) a registered dentist; or (b) a registered medical practitioner; or (c) a registered nurse; or (d) a health worker within the meaning of section 181; or (e) an employee in the teaching service; or -- 158 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 146 Authorised by the Chief Parliamentary Counsel (f) a member of staff of a dual sector university within the meaning of the Education and Training Reform Act 2006; or (g) a member of staff of a TAFE institute within the meaning of the Education and Training Reform Act 2006. 183 Officers may give instructions (1) In accordance with the supervision order or interim supervision order applying to an offender residing at a residential facility, a supervision officer or a specified officer (as the case requires) may give to the offender any reasonable instruction that is necessary to ensure— (a) the good order of the residential facility; or (b) the safety and welfare of offenders or staff at the facility or visitors to the facility; or (c) compliance with the conditions of the supervision order or interim supervision order; or (d) compliance with any directions given by the Authority to the offender in accordance with the supervision order or interim supervision order. (2) The power to give instructions under subsection (1) includes the power to give instructions to an offender outside the residential facility that are necessary to give effect to the conditions of the supervision order or interim supervision order. 184 Officers may use force to enforce instructions in certain circumstances (1) A supervision officer or a specified officer may use reasonable force to compel an offender residing at a residential facility (whether the offender is inside or outside the facility) to obey -- 159 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 147 Authorised by the Chief Parliamentary Counsel an instruction if the supervision officer or specified officer believes on reasonable grounds that the use of force is necessary— (a) to prevent the offender or another person being killed or seriously injured; or (b) to prevent serious damage to property. (2) In compelling an offender under subsection (1) to obey an instruction, a specified officer may apply an authorised instrument of restraint to the offender if the specified officer believes on reasonable grounds that this is necessary to prevent the offender or another person being killed or seriously injured. 185 Offender entitled to enter and leave residential facility An offender directed to reside at a residential facility is entitled to enter and leave the residential facility at any time subject to— (a) the conditions of the supervision order or interim supervision order; and (b) the directions of the Authority; and (c) any instructions given under section 183; and (d) this Division. 186 Access to residential facility (1) The Commissioner may authorise any person to enter a residential facility. (2) An authority under subsection (1) is subject to the conditions determined by the Commissioner and stated in the authority. (3) The Commissioner may order a person authorised under subsection (1) to leave the residential facility if the person, while in the facility— (a) contravenes this Act or the regulations; or -- 160 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 148 Authorised by the Chief Parliamentary Counsel (b) contravenes a direction given by the Commissioner; or (c) contravenes a condition to which the authority to enter is subject; or (d) does anything which, in the Commissioner's opinion, threatens the good order of the facility. (4) A person ordered by the Commissioner to leave the residential facility under subsection (3) must leave the facility immediately. 187 Visitors (1) A visitor may enter a residential facility at any time subject to— (a) the conditions of the supervision order or interim supervision order that apply to the offender being visited; and (b) the conditions of any other supervision order or interim supervision order that may be relevant; and (c) the directions of the Authority; and (d) any reasonable requirements of the Commissioner relating to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility; and (e) this Division. (2) A supervision officer or a specified officer may give to a visitor to a residential facility any instruction that is necessary for— (a) the management and good order of the facility; or (b) the safety and welfare of offenders or staff at the facility or visitors to the facility. -- 161 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 149 Authorised by the Chief Parliamentary Counsel 188 Exclusion of visitors for safety reasons The officer in charge of a residential facility may by order prohibit a person from visiting the facility if the officer in charge believes on reasonable grounds that the person's entry into the facility might endanger the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility. 189 Visitors to give certain information (1) A supervision officer or a specified officer may require any person who wishes to enter, or who has entered, a residential facility as a visitor to give the officer the following information— (a) the purpose of the visit or intended visit; (b) the person's identity, address, occupation and age; (c) the person's relationship (if any) to any offender the person wishes to visit. (2) If a person does not give the required information to a supervision officer or a specified officer, or gives information to a supervision officer or a specified officer that is false or misleading, the supervision officer or specified officer may— (a) by order prohibit the person from entering the facility, if the person has not entered the facility; or (b) by order require the person to leave the facility immediately, if the person has entered the facility. (3) A person ordered to leave a residential facility under this section may only re-enter the facility with the Commissioner's permission. -- 162 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 150 Authorised by the Chief Parliamentary Counsel (4) If a person disobeys an order to leave a residential facility, a supervision officer or a specified officer may, if necessary, use reasonable force to compel the person to leave the facility. (5) A supervision officer or a specified officer is not liable for injury or damage caused by the use of force in accordance with this section. 190 Offences relating to operation or possession of remotely-piloted aircraft or helicopter (1) Without reasonable excuse, a person must not intentionally or recklessly operate, or attempt to operate, a remotely-piloted aircraft or a helicopter— (a) in the airspace above a residential facility at or below 400 feet above ground level; or (b) in or at a residential facility; or (c) outside but near a residential facility— in a manner that threatens or is likely to threaten the good order or security of the facility or any person in the facility. Penalty: 2 years imprisonment. (2) Without reasonable excuse, a person must not possess a remotely-piloted aircraft— (a) in or at a residential facility; or (b) outside but near a residential facility. Penalty: 2 years imprisonment. (3) A person does not contravene subsection (1) or (2) if— (a) the person is a prescribed person or a person belonging to a prescribed class of persons; or -- 163 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 151 Authorised by the Chief Parliamentary Counsel (b) the person operates or attempts to operate a remotely-piloted aircraft or a helicopter or is in possession of a remotely-piloted aircraft— (i) in accordance with this Act or the regulations; or (ii) in accordance with an authorisation given by the officer in charge under section 191; or (iii) in accordance with a law of the Commonwealth; or (iv) for the purposes of law enforcement by a law enforcement agency; or (v) for the purposes of responding to an emergency or recovering from an emergency under the Emergency Management Act 2013. (4) If a supervision officer or a specified officer believes on reasonable grounds that a person is committing or has committed an offence against subsection (1) or (2), the officer may order the person to leave the neighbourhood of the residential facility. (5) Before ordering a person to leave in accordance with subsection (4), a supervision officer or a specified officer must advise the person of the reason why that person is being ordered to leave. (6) A person must comply with an order to leave given under subsection (4). Penalty: 5 penalty units. 191 Officer in charge may give authorisation for operation of remotely-piloted aircraft or helicopter The officer in charge of a residential facility may, by instrument, authorise a person, or persons belonging to a class of persons, to operate or -- 164 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 152 Authorised by the Chief Parliamentary Counsel attempt to operate a remotely-piloted aircraft or a helicopter or to possess a remotely-piloted aircraft in, at or outside but near the residential facility. 192 Arrest of person for offence relating to operation or possession of remotely-piloted aircraft or helicopter (1) If a supervision officer or a specified officer believes on reasonable grounds that a person has committed an offence against section 190(1) or (2), the officer may arrest the person without warrant. (2) A supervision officer or a specified officer who has arrested a person in accordance with subsection (1) must deliver the person as soon as practicable into the custody of a police officer to be dealt with according to law. (3) The Crimes Act 1958 (except section 458(1) and 458(2)) applies to the arrest of a person under this section as if the person were found committing an offence referred to in section 458(1)(a) of that Act. 193 Photographing (1) A supervision officer may at any time take photographs of an offender residing at a residential facility for the purposes of identifying the offender or of completing records concerning the offender. (2) A supervision officer may give to the offender all necessary instructions to ensure the taking of accurate photographs. 194 Reporting of use of force or application of authorised instrument of restraint (1) If an officer uses force or applies an authorised instrument of restraint under section 184, the officer must report that fact to the officer in -- 165 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 153 Authorised by the Chief Parliamentary Counsel charge of the residential facility as soon as practicable. (2) The officer in charge of a residential facility must report to the Commissioner as soon as practicable any use of force or application of an authorised instrument of restraint reported to the officer in charge under this section. (3) The Commissioner must report to the Secretary as soon as practicable any use of force or application of an authorised instrument of restraint reported to the Commissioner under this section. (4) In this section, officer means a specified officer or a supervision officer, as the case requires. Division 2—Management of offenders at residential treatment facilities 195 Appointment of residential treatment facility (1) The Governor in Council, by order published in the Government Gazette, may appoint any premises (including part of any building or place) other than a prison, police gaol or residential facility to be a residential treatment facility for the purposes of this Act. (2) The maximum number of persons to reside at a residential treatment facility is the number (if any) stated in the order. (3) The Governor in Council, by order published in the Government Gazette, may revoke the appointment of any premises as a residential treatment facility. (4) An order under subsection (1) or (3) comes into operation on its making or on a later date stated in the order. -- 166 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 154 Authorised by the Chief Parliamentary Counsel 196 Purpose of residential treatment facility The purpose of a residential treatment facility is to provide for one or more of the following— (a) the protection of the community from offenders on supervision orders or interim supervision orders; (b) the intensive treatment and supervision of offenders on supervision orders or interim supervision orders to reduce the risk of those offenders committing a serious sex offence or a serious violence offence; (c) the transition of offenders on supervision orders or interim supervision orders from the facility to the community; (d) the provision of intensive support and case management to offenders (in a therapeutic environment) to assist them in complying with the conditions of supervision orders or interim supervision orders; (e) the short-term and safe accommodation of offenders on supervision orders or interim supervision orders. 197 Application of Division 1 Division 1 (except sections 178, 179, 185 and 188) applies to a residential treatment facility as if a reference to a residential facility were a reference to a residential treatment facility. 198 Offender movement in residential treatment facility An offender is entitled to move within a residential treatment facility at any time subject to restrictions imposed under— (a) the conditions of the supervision order or interim supervision order; and -- 167 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 155 Authorised by the Chief Parliamentary Counsel (b) the terms of the treatment and supervision plan; and (c) any directions of the Authority; and (d) any instructions under section 183; and (e) this Division. 199 Offender must not enter and leave residential treatment facility other than in accordance with supervision order, treatment and supervision plan, etc. An offender who is subject to an intensive treatment and supervision condition on a supervision order must not enter and leave the residential treatment facility other than in accordance with— (a) the conditions of the supervision order; and (b) the terms of the treatment and supervision plan; and (c) the directions of the Authority; and (d) any instructions given under section 183; and (e) this Division. 200 Offenders' rights (1) An offender residing in a residential treatment facility has the following rights— (a) the right to have access to medical care and treatment necessary for the preservation of health delivered by a registered health practitioner; (b) with the approval of the Commissioner, the right to have access to medical care and treatment delivered, at the offender's expense, by a registered health practitioner chosen by the offender; -- 168 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 156 Authorised by the Chief Parliamentary Counsel (c) if the offender has an intellectual disability or mental illness, the right to have reasonable access within the facility or, with the approval of the Commissioner, outside the facility to any special care and treatment that is necessary or desirable in the circumstances; (d) the right to have access to educational programs that can be undertaken in the facility at the expense of the offender; (e) subject to this Act, the right to receive at least one visit which is to last at least half an hour in each week, excluding visits from a registered health practitioner, lawyer or independent prison visitor; (f) the right to make complaints concerning the management of the facility to any of the following— (i) the officer in charge of the facility; (ii) the Authority; (iii) the Minister; (iv) any other member of Parliament; (v) the Secretary; (vi) the Commissioner; (vii) an independent prison visitor; (viii) the Ombudsman; (ix) the Human Rights Commissioner appointed under section 8B of the Australian Human Rights Commission Act 1986 of the Commonwealth; -- 169 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 157 Authorised by the Chief Parliamentary Counsel (x) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010; (xi) the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011; (xii) the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011; (g) subject to section 201, the right to send letters to, and receive letters from, any of the following without those letters being opened by the Commissioner, the officer in charge or a person working at a residential treatment facility— (i) a person or body referred to in paragraph (f); (ii) the Health Complaints Commissioner; (iii) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014; (iv) the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014; (v) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982; -- 170 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 158 Authorised by the Chief Parliamentary Counsel (vi) a lawyer representing the offender or from whom the offender is seeking legal advice; (h) subject to this Act, the right to send and receive other letters; (i) the right to be provided with information, in a format that is easily understood and as soon as practicable after being received at a residential treatment facility, concerning— (i) the offender's rights and responsibilities; and (ii) the rules, routines and procedures of the facility; and (iii) the processes for making complaints; (j) the right to access food that is adequate to maintain the health and wellbeing of the offender, including any special dietary food; (k) the right to be provided with food where the Commissioner is satisfied that the food is necessary for medical reasons or to deal with an emergency; (l) the right to wear suitable clothing owned by the offender; (m) the right to practise a religion of the offender's choice and, if consistent with the good order of the facility or the safety and welfare of offenders, staff or visitors, to join with other offenders in practising that religion and to possess any articles that are necessary for the practise of that religion. (2) An offender's rights under this section are additional to, and do not affect, any other rights which an offender has under any other Act or at common law. -- 171 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 159 Authorised by the Chief Parliamentary Counsel (3) An offender's rights under this section are subject to— (a) the conditions of the supervision order or interim supervision order; and (b) any directions of the Authority. (4) In this section— registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law. 201 Certain letters may be inspected (1) If the Commissioner reasonably believes that a letter to or from an offender, including a letter to or from a person referred to in section 200(1)(e), contains any article or substance that poses a risk to the safety of any person, the Commissioner may open and inspect the letter— (a) in the presence of the offender and the correspondent or a representative of the correspondent; or (b) in accordance with any alternative arrangement agreed with the correspondent. (2) In opening or inspecting a letter under this section, the Commissioner— (a) may inspect the envelope, and any associated packet, parcel, container or wrapper; but (b) must not read or censor the letter. (3) This section does not affect section 224(3). 202 Letter register The Commissioner must establish and maintain a register containing— (a) details of every letter opened under section 201; and -- 172 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 160 Authorised by the Chief Parliamentary Counsel (b) the reasons for opening a letter referred to in paragraph (a); and (c) details of any article or substance found in conducting an inspection in relation to a letter; and (d) details of any other action taken in relation to a letter or any thing found in or with a letter. 203 Visits by Judges or independent prison visitors (1) A Judge of the Supreme Court or the County Court may visit any residential treatment facility at any time. (2) An independent prison visitor appointed under section 35 of the Corrections Act 1986 may visit a residential treatment facility in accordance with the terms and conditions of the independent prison visitor's appointment. (3) A person who visits a residential treatment facility under this section may report on the visit to the Minister. (4) A person's report under this section to the Minister may include recommendations as to the action to be taken concerning any matters mentioned in the report. (5) Section 188 does not apply to a person conducting a visit under this section. 204 Visit by independent prison visitor (1) An officer in charge of a residential treatment facility must ensure that offenders residing in the facility and officers are informed of the time and date of an independent prison visitor's visit to the facility as soon as practicable after the officer in charge is notified of the independent prison visitor's intention to visit the facility. -- 173 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 161 Authorised by the Chief Parliamentary Counsel (2) The officer in charge of a residential treatment facility must— (a) bring to the attention of the independent prison visitor the names of officers and offenders who have requested to see the independent prison visitor; and (b) make the necessary arrangements for the independent prison visitor to meet and speak with those officers and offenders. (3) An independent prison visitor may— (a) speak with an officer in private; and (b) subject to a direction of the officer in charge made in the interest of the security of the facility, speak with an offender out of the hearing, but in the sight, of a supervision officer or a specified officer. 205 Exclusion of visitors and termination of visits for safety and security reasons (1) The officer in charge of a residential treatment facility may by order prohibit a person (other than a Judge of the Supreme Court or the County Court or an independent prison visitor) from visiting the facility if the officer in charge believes on reasonable grounds that the person's entry into the facility might endanger the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility. (2) If the officer in charge of a residential treatment facility reasonably suspects that the security of the facility or the safety of a visitor is threatened, the officer may order the visitor to leave the facility immediately. -- 174 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 162 Authorised by the Chief Parliamentary Counsel (3) In this section— independent prison visitor means a person appointed under section 35 of the Corrections Act 1986. Division 3—Management of offenders at other places 206 Application of Division This Division applies if an offender is directed or instructed under a supervision order or an interim supervision order to reside at a place other than a residential facility or a residential treatment facility. 207 Management of offender (1) The Commissioner is responsible for the management of the offender. (2) In managing an offender the Commissioner must give effect to any conditions of the supervision order or interim supervision order and any directions given by the Authority in accordance with the supervision order or interim supervision order. (3) The Commissioner may direct a community corrections officer to be responsible for the day to day management of the offender. 208 Officers to be subject to direction (1) A community corrections officer who manages the offender is subject to the direction of the Commissioner. (2) A specified officer who assists in the management of the offender is subject to the direction of the Commissioner. -- 175 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 163 Authorised by the Chief Parliamentary Counsel 209 Officer may give instructions (1) In accordance with the supervision order or interim supervision order applying to the offender, a community corrections officer or a specified officer may give to the offender any reasonable instruction that is necessary to ensure— (a) the safety and welfare of an offender or any other person; or (b) compliance with any conditions of the supervision order or interim supervision order; or (c) compliance with any rehabilitation or treatment plan for the offender; or (d) compliance with any directions given by the Authority to the offender in accordance with the supervision order or interim supervision order. (2) A specified officer may use reasonable force to compel an offender to obey an instruction if the specified officer believes on reasonable grounds that the use of force is necessary— (a) to prevent the offender or another person being killed or seriously injured; or (b) to prevent serious damage to property. (3) In compelling an offender under subsection (2) to obey an instruction, a specified officer may apply an authorised instrument of restraint to the offender if the specified officer believes on reasonable grounds that this is necessary to prevent the offender or another person being killed or seriously injured. -- 176 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 164 Authorised by the Chief Parliamentary Counsel 210 Reporting of use of force (1) If a specified officer uses force to compel an offender to obey an instruction under section 209(2), the specified officer must report that fact to the Commissioner as soon as practicable. (2) If a specified officer applies an authorised instrument of restraint to compel an offender to obey an instruction under section 209(3), the specified officer must report that fact to the Commissioner as soon as practicable. (3) The Commissioner must report to the Secretary as soon as practicable any use of force or application of an authorised instrument of restraint reported to the Commissioner under this section. Division 4—Alcohol and drug testing of offenders 211 Definitions In this Division— drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981; officer means— (a) in the case of an offender directed to reside at a residential facility, a supervision officer; or (b) in the case of an offender directed to reside at a residential treatment facility, a supervision officer; or (c) in the case of an offender directed to reside at any other place, a community corrections officer or a specified officer who has the day to day management of the offender. -- 177 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 165 Authorised by the Chief Parliamentary Counsel 212 Application of Division This Division applies in relation to an offender who is subject to a supervision order or interim supervision order that contains— (a) a condition requiring the offender to submit to breath testing, urinalysis or other test procedures approved by the Secretary for detecting alcohol or drug use; and (b) a condition directing the offender to reside at— (i) a residential facility; or (ii) a residential treatment facility; or (iii) any other place. 213 Testing of offenders by officers (1) At the direction of an officer, the offender must submit to breath testing, urinalysis or other test procedures approved by the Secretary for detecting alcohol or drug use. (2) An officer may give a direction under this section if the officer has reasonable grounds to suspect that the offender has contravened a condition of the supervision order or interim supervision order by consuming alcohol or drugs. 214 Secretary to approve test procedures (1) The Secretary may approve test procedures for the purposes of this Division. (2) The Secretary must publish a notice of the approved test procedures in the Government Gazette. 215 Taking of samples of drugs and alcohol (1) An officer may take for analysis a sample of a substance found in the possession of the offender that the officer believes to be a drug of -- 178 of 326 -- Part 13—Management of offenders Serious Offenders Act 2018 No. 27 of 2018 166 Authorised by the Chief Parliamentary Counsel dependence or alcohol and to be not lawfully in the possession of the offender. (2) An officer who takes a sample of a substance referred to in subsection (1) must advise the officer in charge of that fact as soon as practicable. (3) The officer in charge must ensure that the sample of the substance taken— (a) is sealed and labelled in accordance with the approved test procedures; and (b) is delivered to an appropriate testing agency for analysis in accordance with the approved test procedures. (4) The officer in charge must maintain a register in accordance with the approved test procedures that records the carrying out of each test in respect of offenders who reside at the facility or place. 216 Testing of offenders by police officers (1) This section applies to an offender who is subject to a supervision order or an interim supervision order containing a condition directing the offender to reside at a place other than a residential facility or a residential treatment facility. (2) At the direction of a police officer, the offender must submit to a breath test, urinalysis or other test procedure approved by the Chief Commissioner of Police for detecting alcohol or drug use. (3) The police officer may give a direction under this section if the police officer has reasonable grounds to suspect that the offender has contravened a condition of the supervision order or interim supervision order by consuming alcohol or drugs. -- 179 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 167 Authorised by the Chief Parliamentary Counsel Part 14—Entry, search and seizure Division 1—Definitions 217 Definitions In this Part— officer means— (a) in relation to an offender who resides at a residential facility or a residential treatment facility— (i) a supervision officer; or (ii) a specified officer; or (iii) a police officer; (b) in relation to an offender who resides at a place other than a residential facility or a residential treatment facility— (i) a community corrections officer; or (ii) a specified officer; or (iii) a police officer; search, in relation to a search of an offender, an officer or any other person, means either or both of the following— (a) a garment search; (b) a pat-down search. Division 2—General search and seizure powers 218 Search powers (1) An officer who is ordered, directed or otherwise authorised under this Part to conduct a search may search and examine an offender and any thing belonging to, found in the possession of, or under the control of, the offender. -- 180 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 168 Authorised by the Chief Parliamentary Counsel (2) To the extent practicable, a pat-down search must be conducted by a person of the same sex as the offender being searched. (3) A search may continue only for as long as required to achieve the purpose of the search. (4) An officer may, if necessary, use reasonable force to carry out a search under this Part. 219 Seizure and examination powers (1) An officer at a residential facility or a residential treatment facility may seize or take a sample of any thing in the facility (other than a thing in the possession or control of a Judge of the Supreme Court or the County Court or a magistrate), if the officer suspects on reasonable grounds that— (a) the thing will afford evidence of the commission of any indictable offence; and (b) it is necessary to seize or take a sample of the thing in order to prevent— (i) its concealment, loss or destruction; or (ii) its use in the commission of any indictable offence. (2) An officer at a location other than a residential facility or a residential treatment facility may seize or take a sample of any thing belonging to, or in the possession or control of, an offender, if the officer suspects on reasonable grounds that— (a) the thing will afford evidence of the commission of any indictable offence; and (b) it is necessary to seize or take a sample of the thing in order to prevent— (i) its concealment, loss or destruction; or (ii) its use in the commission of any indictable offence. -- 181 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 169 Authorised by the Chief Parliamentary Counsel (3) A police officer exercising a power of seizure or examination, or a power to operate equipment, under this Part may direct the following persons accompanying the officer to exercise those powers subject to the officer's direction— (a) a Victoria Police employee within the meaning of the Victoria Police Act 2013; (b) any person who delivers services or advice on behalf of Victoria Police. (4) An officer may, if necessary, use reasonable force to carry out a seizure under this Part. 220 Warning that search or seizure is to occur and that reasonable force may be used Immediately before a search or a seizure under this Part is carried out, an officer must inform the offender that— (a) the search or seizure (as the case requires) is to occur; and (b) reasonable force may be used to assist in the conduct of the search or seizure. 221 Reporting of use of force (1) An officer (other than a police officer) must report as soon as practicable— (a) to the officer in charge of the relevant premises the use of force— (i) to carry out a search or a seizure under this Division or Division 3; and (ii) to compel a person to leave premises under Division 3; and (b) to the Commissioner the use of force to carry out a search or a seizure under this Part (other than Division 3). -- 182 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 170 Authorised by the Chief Parliamentary Counsel (2) An officer in charge of premises must report to the Commissioner as soon as practicable any use of force by an officer (except a police officer) under this Division or Division 3 reported to the officer in charge. (3) The Commissioner must report to the Secretary as soon as practicable any use of force by an officer (other than a police officer) under this Part reported to the Commissioner. (4) A police officer must report as soon as practicable to the Chief Commissioner of Police the use of force— (a) to carry out a search or a seizure under this Part; or (b) to compel a person to leave premises under Division 3; or (c) to enter premises under section 229(2). (5) The Chief Commissioner of Police must notify the Secretary as soon as practicable after any use of force by a police officer under this Part that has been reported to the Chief Commissioner of Police. Division 3—Search and seizure in respect of offenders residing at residential facilities or residential treatment facilities 222 Definition In this Division— premises means— (a) a residential facility; or (b) a residential treatment facility. -- 183 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 171 Authorised by the Chief Parliamentary Counsel 223 Search outside premises (1) The officer in charge of premises may order a supervision officer or a specified officer to conduct a search outside but near the premises, if the officer in charge believes on reasonable grounds that a person is committing, or has committed, an offence against section 190(1) or (2). (2) A supervision officer or a specified officer may conduct a search outside but near premises if— (a) the supervision officer or specified officer is ordered to conduct the search under subsection (1); or (b) the supervision officer or specified officer believes on reasonable grounds that a person is committing or has committed an offence against section 190(1) or (2). (3) A supervision officer or a specified officer conducting a search under this section may— (a) search and examine a person who is reasonably believed to have committed the offence against section 190(1) or (2) including any thing belonging to, in the possession of or under the control of, the person (including the person's vehicle); and (b) search the location at which the offence is reasonably believed to have been committed; and (c) require a person outside but near premises to submit to a search if the officer reasonably believes that a thing on the person or in the person's possession will afford evidence of the commission of the offence; and -- 184 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 172 Authorised by the Chief Parliamentary Counsel (d) search and examine any thing outside but near premises, including a place where offenders are, if the officer reasonably believes that the thing will afford evidence of the commission of the offence. 224 Search inside premises (1) The officer in charge of premises may order a supervision officer or a specified officer, or request or permit a police officer, to conduct a search at any time under subsection (2) if the officer in charge reasonably suspects that a search is necessary— (a) for the good order of the premises; or (b) for the safety and welfare of offenders, staff of the facility or visitors to premises; or (c) to monitor an offender's compliance with a supervision order or an interim supervision order; or (d) to monitor the risk of the offender re- offending or engaging in behaviour or conduct associated with an increased risk of re-offending. (2) An officer who is ordered, requested or permitted to conduct a search under subsection (1) may— (a) search any part of, or any thing in, the premises; or (b) search and examine another officer (other than a police officer), an offender or any other person in the premises (other than a Judge of the Supreme Court or the County Court or a magistrate); or (c) search and examine a person (other than a Judge of the Supreme Court or the County Court, a magistrate or a police officer) wishing to enter the premises. -- 185 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 173 Authorised by the Chief Parliamentary Counsel (3) For the purposes of subsection (2)(c), an officer may require the person to submit to the search and examination. (4) If an officer conducts a search under this section and finds correspondence in an offender's possession, the officer may read the correspondence if it— (a) is not sealed in an envelope or a container, unless the envelope or container has already been opened and resealed after the offender received it; or (b) is not addressed to or from any of the following— (i) the Minister; (ii) the Secretary; (iii) the Post Sentence Authority; (iv) the Commissioner; (v) a member of Parliament; (vi) the officer in charge; (vii) a lawyer representing the offender, or from whom the offender is seeking legal advice; (viii) the Commissioner of the Victorian Equal Opportunity and Human Rights Commission appointed under section 170 of the Equal Opportunity Act 2010; (ix) the Health Complaints Commissioner appointed under section 111 of the Health Complaints Act 2016; -- 186 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 174 Authorised by the Chief Parliamentary Counsel (x) the Human Rights Commissioner appointed under section 8B of the Australian Human Rights Commission Act 1986 of the Commonwealth; (xi) the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011; (xii) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982; (xiii) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014; (xiv) the Ombudsman appointed under section 3 of the Ombudsman Act 1973; (xv) the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011; (xvi) the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014; (xvii) any person authorised to act on behalf of a person listed in subparagraphs (vi) to (x); (xviii) an independent visitor. -- 187 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 175 Authorised by the Chief Parliamentary Counsel (5) If a person (other than a supervision officer, a specified officer or an offender) refuses to submit to a search under this section, the officer in charge may order the person to leave the premises immediately. (6) An officer may, if necessary, use reasonable force to compel a person to obey an order to leave premises. 225 Seizure and examination at premises (1) In carrying out a search under section 223, an officer may seize any thing found outside but near premises (whether or not in a person's possession), which the officer believes on reasonable grounds will afford evidence of the commission of an offence against section 190(1) or (2). (2) In carrying out a search under section 224, an officer may seize any thing found in premises (whether or not in a person's possession), which the officer believes on reasonable grounds— (a) will compromise— (i) the good order of the premises; or (ii) the safety and welfare of offenders, staff of the premises or visitors to the premises; or (iii) the safety or welfare of a member of the public; or (iv) the offender's compliance with the supervision order or interim supervision order; or (b) relates to behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of the supervision order or interim supervision order. -- 188 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 176 Authorised by the Chief Parliamentary Counsel (3) An officer may examine any thing, or operate any electronic equipment, seized under this section for the purpose of investigating— (a) whether the offender has complied with the supervision order or interim supervision order, including the conditions of the supervision order or interim supervision order; or (b) whether the offender has re-offended or has breached the conditions of the supervision order. Division 4—Search and seizure in respect of offenders residing at places other than residential facilities or residential treatment facilities 226 Application of Division This Division applies if an offender is directed or instructed under a supervision order or an interim supervision order to reside at a place or premises other than a residential facility or residential treatment facility. 227 Search of offenders residing at places other than residential facilities or residential treatment facilities (1) Subject to subsection (2), the Commissioner may at any time direct an officer (other than a police officer) to— (a) search and examine the offender at the place or premises; and (b) search that part of the place or premises that is occupied by the offender, and any thing (including any vehicle) belonging to or in the possession of, or under the control of, the offender at the place or premises. -- 189 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 177 Authorised by the Chief Parliamentary Counsel (2) The Commissioner may give a direction under this section if the Commissioner— (a) reasonably suspects that the search is necessary to monitor an offender's compliance with a supervision order or an interim supervision order; or (b) reasonably suspects an offender of behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of a supervision order or an interim supervision order. 228 Seizure and examination of offenders at other places (1) In carrying out a search under this Division, an officer may seize any thing found in the possession or under the control of the offender, which the officer reasonably suspects— (a) will compromise— (i) the safety or welfare of a member of the public; or (ii) the offender's compliance with the supervision order or interim supervision order; or (b) relates to behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of the supervision order or interim supervision order. (2) An officer may examine any thing, or operate any electronic equipment, seized under subsection (1) for the purpose of investigating— (a) whether the offender has complied with the supervision order or interim supervision order; or -- 190 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 178 Authorised by the Chief Parliamentary Counsel (b) whether the offender has re-offended or has contravened the conditions of the supervision order or interim supervision order. 229 Powers of entry and search by police officer (1) Subject to subsection (2), a police officer may— (a) enter any part of the place or premises occupied by an offender; and (b) conduct a search of— (i) that part of the place or premises that is occupied by the offender; and (ii) any thing (including any vehicle) belonging to or in the possession of, or under the control of, the offender at the place or premises. (2) A police officer exercising a power of entry or search under subsection (1) must reasonably suspect— (a) that the entry and search are necessary to monitor the offender's compliance with a supervision order or an interim supervision order; or (b) the offender of behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of a supervision order or an interim supervision order. (3) A police officer may enter any place or premises where an offender is residing if— (a) the police officer reasonably suspects that the offender is present at the place or premises; and (b) the entry is reasonably necessary to monitor the offender's compliance with a supervision order or an interim supervision order. -- 191 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 179 Authorised by the Chief Parliamentary Counsel (4) Subject to subsection (5), a police officer exercising a power of entry under subsection (3) may— (a) search that part of the place or premises that is occupied by the offender, and any thing (including any vehicle) belonging to or in the possession of, or under the control of, the offender at the place or premises; (b) search and examine the offender at the premises. (5) A police officer exercising a power of search under subsection (4) must reasonably suspect— (a) that the search is necessary to monitor an offender's compliance with a supervision order or an interim supervision order; or (b) the offender of behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of a supervision order or an interim supervision order. (6) A police officer exercising a power of entry under this section may direct any of the following persons accompanying the police officer to exercise the power subject to the direction of the police officer— (a) a Victoria Police employee within the meaning of the Victoria Police Act 2013; (b) any person who delivers services or advice on behalf of Victoria Police. -- 192 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 180 Authorised by the Chief Parliamentary Counsel (7) A police officer may use reasonable force— (a) to enter any part of the place or premises occupied by the offender under subsection (1); and (b) to enter any place or premises where the offender is residing under subsection (3). 230 Announcement before entry (1) Subject to subsection (2), a police officer exercising a power of entry under section 229— (a) must announce that the police officer is authorised by law to enter the premises; and (b) if the police officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises. (2) A police officer need not comply with subsection (1) if the police officer reasonably suspects that immediate entry to the premises is required to ensure— (a) the safety of any person; or (b) that the effective monitoring of the offender's compliance with the supervision order or interim supervision order is not frustrated. 231 Report to Authority (1) The Chief Commissioner of Police must notify the Secretary as soon as practicable of the exercise of a power of entry under section 229. (2) The Secretary must report to the Authority as soon as practicable any exercise of a power of entry under section 229. -- 193 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 181 Authorised by the Chief Parliamentary Counsel Division 5—Computers and other devices 232 Definitions In this Division— access, in relation to data held in a computer or device, means— (a) the display of the data by the computer or device or any other output of the data from the computer or device; or (b) the copying or moving of the data to any other place in the computer or to a device; or (c) in the case of a program, the execution of the program; data includes— (a) information in any form; and (b) any program or part of a program; data held in a computer or device includes— (a) data entered or copied into the computer or device; and (b) data held in any removable data storage device for the time being in the computer; and (c) data held in a data storage device on a computer network of which the computer or device forms part; data storage device means any thing containing or designed to contain data for use by a computer; Example A USB storage device or a file server. -- 194 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 182 Authorised by the Chief Parliamentary Counsel device includes a data storage device, a smartphone, any other type of telephone capable of storing data and a SIM card; relevant knowledge means information or other assistance that would enable the officer— (a) to access data held in, or accessible from, a computer or device that belongs to, or is in the possession or under the control of, the offender or other person at the place or premises being searched; or (b) to copy to a data storage device data held in, or accessible from, a computer or device referred to in paragraph (a); or (c) to convert into documentary or another intelligible form— (i) data held in, or accessible from, a computer or device referred to in paragraph (a); or (ii) data held in a data storage device to which the data was copied as described in paragraph (b). 233 Offender to comply with direction An offender must comply with a direction of the Authority to produce to an officer a computer or device in the offender's possession or under the offender's control. 234 Entry and search if offender fails to comply (1) This section applies if a supervision order or an interim supervision order contains a condition requiring an offender to comply with a direction of the Authority in relation to computers and other devices in the possession or control of the -- 195 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 183 Authorised by the Chief Parliamentary Counsel offender for the purposes of auditing by an officer for any image, program or other material that— (a) may constitute a contravention of the conditions of the supervision order or interim supervision order; or (b) may increase the risk that the offender may commit an offence. (2) If an offender fails to comply with a direction referred to in section 233, an officer— (a) may enter any part of the place or premises at which the offender resides; and (b) may search and examine the offender; and (c) may search that part of a place or premises that is occupied by the offender, and any thing (including any vehicle) belonging to, or in the possession of or under the control of, the offender at the place or premises. 235 Seizure and examination if offender fails to comply (1) In carrying out a search under section 234, an officer may seize or operate any computer or other device for the purpose of auditing for any image, program or other material that— (a) may constitute a contravention of the conditions of the supervision order or interim supervision order; or (b) may increase the risk that the offender may commit an offence. (2) A police officer exercising a power to seize or operate any computer or other device under subsection (1) may direct the following persons accompanying the officer to exercise those powers subject to the officer's direction— -- 196 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 184 Authorised by the Chief Parliamentary Counsel (a) a Victoria Police employee within the meaning of the Victoria Police Act 2013; (b) any person who delivers services or advice on behalf of Victoria Police. 236 Officer may direct offender to provide assistance— computers and other devices (1) This section applies in relation to a computer or device that belongs to, or is in the possession or under the control of— (a) the offender— (i) at the place or premises being searched under this Part; or (ii) that has been seized under this Part; or (b) an officer, an offender or any other person (other than a Judge of the Supreme Court or the County Court, a magistrate or a police officer) in the case of a search under section 223 or 224 or a seizure under section 225; or (c) an officer or a person referred to in subsection (4), in the case of a search under section 234 or a seizure under section 235. (2) For the purposes of exercising a search power or seizure power referred to in subsection (1), an officer may direct the offender or other person to provide information or other assistance that is reasonably necessary to enable the officer or a person assisting the officer— (a) to access data held in, or accessible from, the computer or device; or -- 197 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 185 Authorised by the Chief Parliamentary Counsel (b) to copy to a data storage device data held in, or accessible from, the computer or device; or (c) to convert into documentary or another intelligible form— (i) data held in, or accessible from, the computer or device; or (ii) data held in a data storage device to which the data was copied as described in paragraph (b); or (d) to delete data held in the computer or other device. (3) Before giving a direction under subsection (2), the officer must warn the offender or other person that the offender or other person may commit an offence if the offender or other person— (a) has relevant knowledge of— (i) the computer or device or a computer network of which the computer or device forms or formed a part; or (ii) measures applied to protect data held in, or accessible from, the computer or device; and (b) without reasonable excuse, fails to comply with the direction. (4) An offender or other person who has relevant knowledge and who has been given a warning under subsection (3) must not, without reasonable excuse, fail to comply with a direction given under subsection (2). Penalty: Level 6 imprisonment (5 years maximum). -- 198 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 186 Authorised by the Chief Parliamentary Counsel Division 6—General provisions relating to seized things 237 Register of things seized by police officers (1) The Chief Commissioner of Police must establish and maintain a register of things seized by a police officer under this Part. (2) The register of things seized must set out in respect of each thing seized— (a) the time, date and place of the seizure; and (b) the name of the police officer who seized the thing; and (c) a description of the thing seized; and (d) a photograph, if taken, of the thing seized; and (e) the name and address of the person from whom the thing was seized; and (f) if known, the name and address of the owner of the thing; and (g) any other prescribed matter. 238 Register of things seized by officers other than police officers (1) The Commissioner must establish and maintain a register of things seized by— (a) an officer (other than a police officer) under this Part; or (b) a security officer under Division 4 of Part 20. (2) The register of things seized must contain for each thing seized— (a) a description of the thing; and (b) the name of the person from whom the thing was seized; and -- 199 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 187 Authorised by the Chief Parliamentary Counsel (c) the name and address of the owner of the thing (if known); and (d) the time and place of the seizure; and (e) the name and signature of the supervision officer or specified officer who seized the thing. (3) As soon as practicable after seizing a thing under Division 3, an officer must inform the officer in charge of the residential facility or residential treatment facility (as the case requires) of the seizure and record the details of the seizure in the register. (4) As soon as practicable after seizing a thing under Division 4 or 5, an officer (except for a police officer) must inform the Commissioner of the seizure and record the details of the seizure in the register. 239 Things seized by officers must be photographed or otherwise recorded All things seized under this Act by an officer must be photographed or otherwise recorded. 240 Officer must provide receipt for seized things (1) As soon as practicable after seizing a thing under this Part, an officer— (a) must give the offender or person from whom the thing was seized a receipt for the thing; or (b) if the offender or person from whom the thing was seized refuses to accept the receipt, must leave the receipt in a conspicuous place at the place or premises being searched. -- 200 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 188 Authorised by the Chief Parliamentary Counsel (2) A receipt under subsection (1) must— (a) contain the prescribed information; and (b) be signed in accordance with the regulations. 241 Retention by Chief Commissioner of Police or Commissioner of seized things (1) The Chief Commissioner of Police may retain any thing seized by a police officer under this Part for as long as— (a) one of the following conditions are met— (i) the police officer suspects on reasonable grounds that the thing will compromise the safety or welfare of a member of the public or the offender's compliance with a supervision order or an interim supervision order; (ii) the police officer suspects on reasonable grounds that the thing relates to behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of a supervision order or an interim supervision order; (iii) the thing is reasonably required for the purposes of an investigation of, or a proceeding for, an offence against this Act or any other offence; and (b) the thing is not subject to forfeiture, destruction or disposal under this Act or any other Act or law. (2) The Commissioner may retain any thing seized by an officer (other than a police officer) under this Part for as long as— -- 201 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 189 Authorised by the Chief Parliamentary Counsel (a) one of the following conditions is met— (i) the officer suspects on reasonable grounds that the thing will compromise the safety or welfare of a member of the public or the offender's compliance with a supervision order or an interim supervision order; (ii) the officer suspects on reasonable grounds that the thing relates to behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of a supervision order or an interim supervision order; (iii) in the case of a thing seized under section 225, the officer suspects on reasonable grounds that the thing will compromise— (A) the good order or management of the residential treatment facility or the residential facility; or (B) the safety and welfare of offenders of staff of the facility or of visitors to the facility; (iv) the thing is reasonably required for the purposes of an investigation of, or a proceeding for, an offence against this Act or any other offence; and (b) the thing is not subject to forfeiture, destruction or disposal under this Act or any other Act or law. -- 202 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 190 Authorised by the Chief Parliamentary Counsel 242 Return of seized things if grounds for seizure no longer applies (1) This section applies in relation to the return of any thing seized under this Part if the grounds for its seizure set out in the applicable section under which it was seized no longer apply. (2) Any thing seized by an officer under this Part must be returned— (a) to the offender or to any other person from whom it was seized; or (b) if subsection (3) applies, to its lawful owner, if it is reasonably practicable to do so. Note This subsection does not preclude the possibility that things may be retained indefinitely, disposed of or destroyed. (3) If the officer who seized the thing believes that the offender is not the owner of the thing and is not entitled at law to possess it, the thing may be returned to another person who the officer reasonably believes to be the owner of the seized thing. (4) Despite subsection (2), if an offender from whom any thing was seized resides at a residential facility or residential treatment facility, the thing returned to the offender under this section may be stored at the residential facility or residential treatment facility as part of the property of the offender and not given directly to the offender. 243 Return of seized things—retrieval notices (1) This section applies to things seized at a place or premises other than a residential facility or residential treatment facility. -- 203 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 191 Authorised by the Chief Parliamentary Counsel (2) If the Chief Commissioner of Police or the Commissioner is no longer authorised to retain a thing seized under this Part, the Chief Commissioner of Police or the Commissioner (as the case requires) must make reasonable efforts to serve a written retrieval notice on— (a) the offender; or (b) if the Chief Commissioner of Police or the Commissioner reasonably believes that the offender is not the owner of the thing, another person who the Chief Commissioner of Police or the Commissioner (as the case requires) believes to be the owner of the seized thing. (3) A retrieval notice under subsection (2) must be given in accordance with the regulations and include any prescribed information. (4) A seized thing is to be dealt with under Division 3 of Part 4 of the Victoria Police Act 2013 as if it were unclaimed property if— (a) the Chief Commissioner of Police has made reasonable efforts to notify a person in accordance with this section and the regulations; and (b) the thing has not been retrieved. (5) The seized thing is taken to be forfeited to the Crown and the Minister may direct that the seized thing forfeited to the Crown under this section be disposed of in any manner that the Minister thinks fit, including destruction, if— (a) the Commissioner has made reasonable efforts to notify a person in accordance with this section and the regulations; and (b) the seized thing has not been retrieved. -- 204 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 192 Authorised by the Chief Parliamentary Counsel 244 Return of seized property—application to Magistrates' Court (1) The following persons may apply to the Magistrates' Court for the return of a thing seized under this Part— (a) the offender from whom the thing was seized; (b) a person claiming to be the lawful owner of the thing seized. (2) The applicant must serve a copy of the application as soon as practicable on— (a) the Chief Commissioner of Police or the Commissioner, as the case requires; and (b) any other person who the applicant has reason to believe is the owner of the seized thing. (3) The Magistrates' Court may order the seized thing be returned to the applicant if satisfied that— (a) the Chief Commissioner of Police or the Commissioner, as the case requires, is not authorised to retain the thing under section 241; and (b) the thing is not subject to forfeiture, destruction or disposal under this Act or any other Act or law. (4) The Magistrates' Court may refuse to make an order under subsection (3) if the Court is satisfied that the applicant is not the owner of the thing. 245 Chief Commissioner of Police or Commissioner may apply to Magistrates' Court for disposal or destruction order (1) The Chief Commissioner of Police or the Commissioner, as the case requires, may apply to the Magistrates' Court for an order that a thing -- 205 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 193 Authorised by the Chief Parliamentary Counsel seized under this Part may be destroyed or disposed of. (2) A copy of an application under subsection (1) must be served on the following persons as soon as practicable— (a) the offender from whom the thing was seized; (b) if the Chief Commissioner of Police or the Commissioner believes that the offender is not the owner of the thing, any other person who the Chief Commissioner of Police or the Commissioner, as the case requires, believes to be the owner of the seized thing. (3) On an application under this section, the Magistrates' Court may order— (a) that the seized thing be forfeited to the Crown and destroyed or disposed of in accordance with the order; or (b) that the thing be returned to the owner. (4) The Magistrates' Court may order that the seized thing be forfeited to the Crown and destroyed or disposed of in accordance with the order if satisfied that— (a) the grounds on which the thing was seized are still satisfied; and (b) the thing is no longer reasonably required to be retained for the purposes of an investigation of, or a proceeding for, an offence against this Act or any other offence. (5) If the Magistrates' Court orders that the seized thing be disposed of by sale, the Court may order that the proceeds of the sale be paid to the owner of the thing. -- 206 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 194 Authorised by the Chief Parliamentary Counsel (6) The Magistrates' Court may order that the seized thing be returned to the owner if satisfied that— (a) the Chief Commissioner of Police or the Commissioner, as the case requires, is not authorised to retain the thing under section 241; and (b) the thing is not subject to forfeiture, destruction or disposal under this Act or any other Act or law. (7) An order under this section does not take effect until— (a) the day that is 30 days after the day on which the order was made; or (b) if an appeal is made before the expiry of the period referred to in paragraph (a), the appeal is determined. 246 Proceeds of sale or disposal to be paid into Consolidated Fund Subject to an order to the contrary under section 245, any amount received from the sale or disposal of seized things under this Part must be paid into the Consolidated Fund. 247 Destruction or disposal of seized things with owner's consent The Chief Commissioner of Police or the Commissioner may destroy or dispose of a seized thing with the consent of the owner. 248 No liability for use of force in accordance with certain provisions (1) A supervision officer or a specified officer is not liable for injury or damage caused by the use of force in accordance with— (a) section 168; or -- 207 of 326 -- Part 14—Entry, search and seizure Serious Offenders Act 2018 No. 27 of 2018 195 Authorised by the Chief Parliamentary Counsel (b) section 184; or (c) section 224 or 225. (2) A community corrections officer or a specified officer is not liable for injury or damage caused by the use of force in accordance with section 227 or 228. (3) A specified officer is not liable for injury or damage caused by the use of force in accordance with section 209. (4) A police officer is not liable for injury or damage caused by the use of force in accordance with— (a) section 157; or (b) section 163; or (c) section 224 or 225; or (d) section 228; or (e) section 229. (5) An officer is not liable for injury or damage caused by the use of force in accordance with section 218 or 219. -- 208 of 326 -- Part 15—Removal of electronic monitoring devices and equipment Serious Offenders Act 2018 No. 27 of 2018 196 Authorised by the Chief Parliamentary Counsel Part 15—Removal of electronic monitoring devices and equipment 249 Application (1) This Part applies to an offender in respect of whom a supervision order or an interim supervision order is made and the order is subject to a condition requiring an offender to submit to electronic monitoring or authorising the Authority to give directions relating to electronic monitoring of an offender and— (a) the condition is— (i) varied to remove the requirement; or (ii) revoked; or (b) the directions of the Authority cease to have effect; or (c) the offender is under arrest on suspicion of having committed an offence; or (d) the supervision order or interim supervision order is revoked or expires; or (e) the offender is subject to an emergency detention order and the condition does not apply while the offender is subject to that order. (2) This Part does not affect the power to remove an electronic monitoring device and equipment used for the electronic monitoring of the offender to monitor compliance with conditions imposed under section 35(2) or 141 or for a purpose referred to in section 35(2) or 141. -- 209 of 326 -- Part 15—Removal of electronic monitoring devices and equipment Serious Offenders Act 2018 No. 27 of 2018 197 Authorised by the Chief Parliamentary Counsel 250 Definition In this Part, officer means any of the following— (a) a police officer; (b) a police custody officer within the meaning of the Victoria Police Act 2013; (c) a prison officer; (d) an escort officer employed under Part 4 of the Corrections Act 1986; (e) a security officer; (f) a specified officer; (g) a supervision officer. 251 Who may remove electronic monitoring devices and equipment (1) Subject to subsection (2), an officer may remove— (a) an electronic monitoring device worn by an offender in accordance with a condition of the supervision order or interim supervision order as soon as practicable after the condition is varied, revoked, ceases to have effect, expires or is suspended during an emergency detention order; or (b) any equipment used for the electronic monitoring at the place where the offender resides or that is in the possession of, or on the person of, the offender. (2) An officer (other than a police officer or police custody officer) may take action under subsection (1) only on a direction given by the Commissioner. -- 210 of 326 -- Part 15—Removal of electronic monitoring devices and equipment Serious Offenders Act 2018 No. 27 of 2018 198 Authorised by the Chief Parliamentary Counsel (3) A police officer may remove, for any purpose, an electronic monitoring device worn by an offender who is under arrest on suspicion of having committed an offence. 252 Removal of electronic monitoring devices and equipment (1) If practicable, before removing an electronic monitoring device or equipment used for the electronic monitoring, an officer must inform the offender that— (a) the removal is to occur; and (b) the offender may consent to the removal; and (c) if consent is not given, reasonable force may be used— (i) to remove the device or equipment; or (ii) if the case requires, to enter a place where the offender resides in order to remove the device or equipment. (2) If an offender does not consent to the removal of an electronic monitoring device or equipment used for the electronic monitoring, an officer may use reasonable force— (a) to remove the device or equipment from the offender; and (b) to enter a place where the offender resides in order to remove the device or equipment. 253 Commissioner may authorise employee to exercise powers of officer The Commissioner may, by instrument, authorise a specified employee of the Department of Justice and Regulation, or an employee holding a specified position in the Department of Justice and Regulation, to exercise the powers of an officer (other than a police officer) under this Part. -- 211 of 326 -- Part 16—Management of offenders subject to detention orders, interim detention orders or emergency detention orders Serious Offenders Act 2018 No. 27 of 2018 199 Authorised by the Chief Parliamentary Counsel Part 16—Management of offenders subject to detention orders, interim detention orders or emergency detention orders 254 Application (1) This Part applies to an offender in custody in a prison who is subject to— (a) a detention order; or (b) an interim detention order; or (c) an emergency detention order. (2) An offender referred to in subsection (1) is to be managed under the Corrections Act 1986 subject to this Part. 255 Status of offender on detention order, interim detention order or emergency detention order (1) An offender referred to in section 254 must be treated in a way that is appropriate to the offender's status as an unconvicted prisoner, subject to any reasonable requirements necessary to maintain— (a) the management, security and good order of the prison; and (b) the safe custody and welfare of the offender or persons serving custodial sentences. (2) Except as provided in subsection (3), an offender referred to in section 254 must not be accommodated or detained in the same area or unit of the prison as persons serving custodial sentences. (3) An offender referred to in section 254 may be accommodated or detained in the same area or unit of the prison as persons serving custodial sentences if— -- 212 of 326 -- Part 16—Management of offenders subject to detention orders, interim detention orders or emergency detention orders Serious Offenders Act 2018 No. 27 of 2018 200 Authorised by the Chief Parliamentary Counsel (a) it is reasonably necessary for the purposes of rehabilitation, treatment, work, education and general socialisation and for related purposes; or (b) it is necessary for the safe custody or welfare of the offender or persons serving custodial sentences or the security or good order of the prison; or (c) the offender has elected to be so accommodated or detained. (4) This section does not apply to an offender referred to in section 254 while in custody on remand or while serving a custodial sentence (other than release on parole) during the period of a detention order, interim detention order or emergency detention order that has commenced. 256 Function of Authority in relation to detention orders, interim detention orders and emergency detention orders The Authority is responsible for reviewing and monitoring the progress of offenders referred to in section 254. -- 213 of 326 -- Part 17—Change of name Serious Offenders Act 2018 No. 27 of 2018 201 Authorised by the Chief Parliamentary Counsel Part 17—Change of name 257 Application of Part This Part applies despite anything to the contrary in the Births, Deaths and Marriages Registration Act 1996. 258 Definitions In this Part— change of name application means an application by or on behalf of an offender for registration of a change of the offender's name; offender means an offender who is subject to a supervision order or an interim supervision order; Victorian Registrar means the Registrar of Births, Deaths and Marriages within the meaning of the Births, Deaths and Marriages Registration Act 1996. 259 Applications for change of name by or on behalf of an offender (1) In this section, Registrar means— (a) the Victorian Registrar; or (b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages. (2) An offender must not make a change of name application to a Registrar without having first obtained the written approval of the Authority. Penalty: 5 penalty units. -- 214 of 326 -- Part 17—Change of name Serious Offenders Act 2018 No. 27 of 2018 202 Authorised by the Chief Parliamentary Counsel (3) A person must not make a change of name application to a Registrar on behalf of an offender unless the written approval of the Authority is first obtained. Penalty: 5 penalty units. 260 Approval by Authority (1) Subject to subsection (2), the Authority may only approve a change of name application if the Authority is satisfied that the change of name is in all the circumstances necessary or reasonable. (2) The Authority must not approve a change of name application if the Authority is satisfied that the change of name would, if registered, be reasonably likely— (a) to be regarded as offensive by a victim of crime or an appreciable sector of the community; or (b) to be used to evade or hinder supervision of the offender during the period of the supervision order or interim supervision order. 261 Approval to be notified in writing If the Authority approves a change of name application, the Authority must— (a) as soon as practicable, give written notice of the approval to the person who made the application; and (b) if the offender consents, give a copy of the written notice of approval to the Victorian Registrar. 262 Registration of change of name (1) The Victorian Registrar must not register a change of name under the Births, Deaths and Marriages Registration Act 1996 if— -- 215 of 326 -- Part 17—Change of name Serious Offenders Act 2018 No. 27 of 2018 203 Authorised by the Chief Parliamentary Counsel (a) the Victorian Registrar knows that— (i) the application for the change of name is made by or on behalf of an offender; and (ii) the change of name relates to the name of the offender; and (b) the Victorian Registrar has not received a copy of the notice of approval of the Authority to the application under section 260. (2) If the Victorian Registrar does not register a change of name because of the operation of subsection (1), the Victorian Registrar must give written notice of the change of name application to the chairperson of the Authority. 263 Registrar may correct Register Without limiting section 43 of the Births, Deaths and Marriages Registration Act 1996, the Victorian Registrar may correct the Register under that section if— (a) the name of an offender on the Register was changed because of a change of name application; and (b) the Authority has not approved that change of name application under section 260. 264 Information sharing between the Secretary and the Victorian Registrar Despite an order made under section 279 or any other law to the contrary— (a) the Secretary must notify the Victorian Registrar of the name (including any other name by which the offender is or has previously been known), date of birth and residential address or addresses of any -- 216 of 326 -- Part 17—Change of name Serious Offenders Act 2018 No. 27 of 2018 204 Authorised by the Chief Parliamentary Counsel offender who is subject to a supervision order, interim supervision order, detention order or interim detention order; and (b) if the Secretary has given notification under paragraph (a) in respect of an offender, the Secretary must notify the Victorian Registrar as soon as practicable of the expiry of that offender's supervision order, interim supervision order, detention order or interim detention order. 265 Notice to Secretary The Authority must give written notice to the Secretary about any change of name application it receives and of any approval it gives under this Part. -- 217 of 326 -- Part 18—Reports and plans Serious Offenders Act 2018 No. 27 of 2018 205 Authorised by the Chief Parliamentary Counsel Part 18—Reports and plans Division 1—Preparation of assessment reports and progress reports 266 Secretary may direct eligible offender to attend examination or assessment (1) The Secretary, by written notice served on an eligible offender, may direct the eligible offender to attend a specified medical expert at a place, on a date and at a time specified in the notice for— (a) a personal examination; or (b) an additional assessment in accordance with section 268. (2) The Secretary, by written notice served on an eligible offender, may vary or revoke a direction given to the eligible offender under this section. (3) An eligible offender must comply with a direction under subsection (1) or a direction as varied under subsection (2) unless the eligible offender has a reasonable excuse for not doing so. Penalty: Level 7 imprisonment (2 years maximum). (4) Nothing in this section empowers the Secretary to give a direction that requires an eligible offender— (a) to submit to a physical examination; or (b) to cooperate actively in the conduct of a personal examination. -- 218 of 326 -- Part 18—Reports and plans Serious Offenders Act 2018 No. 27 of 2018 206 Authorised by the Chief Parliamentary Counsel 267 Assessment report or progress report to be prepared by medical expert (1) A medical expert may prepare an assessment report or a progress report in respect of an eligible offender after conducting a personal examination of the eligible offender. (2) Despite subsection (1), a medical expert may prepare an assessment report or a progress report even if an eligible offender— (a) does not cooperate, or cooperate fully, in the personal examination; or (b) does not comply with a direction given under section 266. 268 Additional assessment (1) If a medical expert considers it necessary for the purposes of preparing an assessment report or a progress report in respect of an eligible offender, the medical expert may seek an assessment of the eligible offender from another medical expert. (2) A medical expert may make an additional assessment of an eligible offender regardless of whether the eligible offender complies with a direction given under section 266. 269 Content of assessment report (1) An assessment report must set out the following matters in relation to an eligible offender— (a) whether or not the offender has a propensity to commit a serious sex offence or a serious violence offence or both in the future; (b) the pattern or progression to date of sexual or violent offending behaviour, or both, of the eligible offender and an indication of the nature of any likely future sexual or violent -- 219 of 326 -- Part 18—Reports and plans Serious Offenders Act 2018 No. 27 of 2018 207 Authorised by the Chief Parliamentary Counsel offending behaviour, or both, of the eligible offender; (c) any efforts made to date by the eligible offender to address the causes of the sexual or violent offending behaviour, or both, including whether the eligible offender has actively participated in any rehabilitation or treatment programs; (d) if the eligible offender has participated in any rehabilitation or treatment programs, whether the participation has had a positive effect on the eligible offender; (e) the relevant background of the eligible offender, including developmental and social factors and other offending behaviour; (f) factors that might increase or decrease any identified risks; (g) if an additional assessment of the eligible offender has been obtained under section 256, the results of that assessment; (h) any other relevant matters. (2) An assessment report must state— (a) the medical expert's assessment of the risk that the eligible offender will commit another serious sex offence or serious violence offence or both if the eligible offender is released into the community and is not subject to a detention order or a supervision order; and (b) the reasons for that assessment. (3) In stating an assessment and the reasons for the assessment under subsection (2), a medical expert may have regard to any additional assessment obtained under section 268 in respect of the eligible offender. -- 220 of 326 -- Part 18—Reports and plans Serious Offenders Act 2018 No. 27 of 2018 208 Authorised by the Chief Parliamentary Counsel 270 Content of progress report (1) A progress report must set out the following matters in relation to an eligible offender— (a) whether or not the eligible offender has a propensity to commit a serious sex offence or a serious violence offence or both in the future; (b) any efforts made by the eligible offender in the previous 12 months or since the last review to address the causes of the sexual or violent offending behaviour, or both, including whether the eligible offender has actively participated in any rehabilitation or treatment programs; (c) if the eligible offender has participated in any rehabilitation or treatment programs, whether the participation has had a positive effect on the eligible offender; (d) the factors that might increase or decrease any identified risks; (e) if an additional assessment of the eligible offender was obtained under section 268, the results of that assessment; (f) any other relevant matters. (2) A progress report must state— (a) the medical expert's assessment of the risk that the eligible offender will commit another serious sex offence or serious violence offence or both if the eligible offender is released into the community and is not subject to a detention order or a supervision order; and (b) the reasons for that assessment. -- 221 of 326 -- Part 18—Reports and plans Serious Offenders Act 2018 No. 27 of 2018 209 Authorised by the Chief Parliamentary Counsel (3) In stating an assessment and the reasons for the assessment under subsection (2), a medical expert may have regard to any additional assessment obtained under section 268 in respect of the eligible offender. Division 2—Disputed reports 271 Notice of intention to dispute report At any time before the determination of an application under this Act, the Secretary, the DPP or an eligible offender may file a notice of intention to dispute the whole, or a specified part, of any of the following reports, if the report was filed with or given to the court on the hearing of the application— (a) an assessment report; (b) a progress report; (c) any other report. 272 Disputed report—application for interim order or emergency detention order (1) If a notice of intention under section 271 is filed on an application for an interim supervision order, an interim detention order or an emergency detention order, the court— (a) may take the disputed report, or the disputed part of the report, into consideration in determining the application; and (b) if it considers it appropriate, may give the party that filed the notice an opportunity— (i) to lead evidence on the matters in dispute; and (ii) to cross-examine the author of the report on the report's contents. -- 222 of 326 -- Part 18—Reports and plans Serious Offenders Act 2018 No. 27 of 2018 210 Authorised by the Chief Parliamentary Counsel (2) If no notice of intention under section 271 is filed on an application for an interim supervision order, an interim detention order or an emergency detention order, the court— (a) must take the report into consideration in determining the application; and (b) is not required to give any party an opportunity— (i) to lead evidence relating to the report; or (ii) to cross-examine the author of the report on the report's contents. 273 Disputed report—application for any other order If a notice of intention is filed under section 271, the whole or part of the report in dispute (as the case requires) must not be taken into consideration by a court in determining an application for an order under this Act (other than an application referred to in section 272), unless the party that filed the notice is given the opportunity— (a) to lead evidence on the disputed matters; and (b) to cross-examine the author of the report on its contents. Division 3—Preparation of treatment and supervision plans 274 Treatment and supervision plan (1) On the order of a court or a court's request, the Secretary must cause to be prepared a treatment and supervision plan in respect of an eligible offender. -- 223 of 326 -- Part 18—Reports and plans Serious Offenders Act 2018 No. 27 of 2018 211 Authorised by the Chief Parliamentary Counsel (2) A treatment and supervision plan must set out— (a) the treatment and services that will be offered to the offender in a residential treatment facility during the period of an intensive treatment and supervision condition on a supervision order; and (b) why the treatment and services are required to help reduce the risk of the offender committing a serious sex offence or a serious violence offence or both; and (c) whether less restrictive residence options for the delivery of treatment and services to the offender have been tried or considered; and (d) the benefits of delivering the treatment and services in the residential treatment facility; and (e) a proposed process for the offender to transition from the residential treatment facility to a residential facility or another location in the community; and (f) any other relevant matters. 275 Provision of treatment and supervision plan to Authority and responsible agencies If the court imposes an intensive treatment and supervision condition on a supervision order, the Secretary must give a copy of each treatment and supervision plan filed with the court to— (a) the Authority; and (b) all responsible agencies. -- 224 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 212 Authorised by the Chief Parliamentary Counsel Part 19—Restriction and sharing of information Division 1—Publication 276 Definition In this Division— publish means to disseminate or provide access to the public or a section of the public by any means, including by— (a) publication in a book, newspaper, magazine or other written publication; or (b) broadcast by radio or television; or (c) public exhibition; or (d) broadcast or electronic communication. 277 Offence to publish certain information (1) Unless authorised to do so by the court under section 278, a person must not publish or cause to be published— (a) any evidence given in a proceeding before a court under this Act; or (b) the content of any report or other document put before a court in a proceeding under this Act; or (c) any information that is submitted under this Act to a court that might enable a person (other than the offender) who has attended or given evidence in a proceeding to be identified; or (d) any information submitted under this Act to a court that might enable a victim of a serious sex offence or a serious violence -- 225 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 213 Authorised by the Chief Parliamentary Counsel offence committed by the offender to be identified. Penalty: 600 penalty units in the case of a body corporate; 120 penalty units or imprisonment for 1 year or both in any other case. (2) Despite subsection (1), a police officer may publish the identity and location of an offender— (a) to the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth, for entry on the Australian National Child Offender Register; or (b) in the course of law enforcement functions; or (c) in the execution of a warrant referred to in section 173 or the arrest or apprehension of an offender under section 155 or 173. (3) Despite subsection (1), a person or body that engages in journalism may publish the identity and location of an offender if the information is published— (a) at the request of a police officer who disclosed that information; and (b) for the purposes of subsection (2)(b) or (2)(c). 278 Order authorising publication (1) In any proceedings before a court under this Act, the court, if satisfied that exceptional circumstances exist, may make an order authorising the publication of any material referred to in section 277. -- 226 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 214 Authorised by the Chief Parliamentary Counsel (2) Nothing in section 277 prevents the court from publishing the reasons for a decision under this section. 279 Order restricting publication of offender's identity (1) In any proceedings before a court under this Act, the court, if satisfied that it is in the public interest to do so, may order that any information that might enable an offender or the offender's location to be identified not be published except in the manner and to the extent (if any) specified in the order. (2) An order under this section may be made on the application of the offender or on the court's own initiative. Note Section 99(4) requires that an order under this section in respect of an offender who is subject to a supervision order must be reviewed when that supervision order is reviewed. 280 Matters to which court must have regard In making an order under section 278 or 279, the court must have regard to the following— (a) whether the publication would endanger the safety of any person; (b) the interests of any victims of the offender; (c) the protection of children, families and the community; (d) the offender's compliance with any order made under this Act; (e) the location of the residential address of the offender. -- 227 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 215 Authorised by the Chief Parliamentary Counsel 281 Offence to publish information A person must not publish, or cause to be published, any material in contravention of an order under this Division. Penalty: 600 penalty units in the case of a body corporate; 120 penalty units or imprisonment for 1 year or both in any other case. Division 2—Recording and sharing of information 282 Record of eligible offenders (1) The Secretary may establish and maintain records of eligible offenders. (2) Information in the record in respect of each eligible offender may include information relating to the following— (a) the name and location of the offender; (b) any unique identifying numbers allocated to the offender in the criminal justice system; (c) the sentence currently being served by the offender and any previous offences and sentences, and the ages of any victims of the offender; (d) any assessments provided to the Secretary as to the offender's risk of re-offending. 283 Additional information to be obtained by Secretary (1) The Secretary may request any information (including medical information) kept in relation to an offender from the following— (a) the Governor of a prison within the meaning of the Corrections Act 1986; (b) the Commissioner; -- 228 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 216 Authorised by the Chief Parliamentary Counsel (c) the DPP; (d) a Regional Manager within the meaning of the Corrections Act 1986; (e) an officer within the meaning of Part 9 of the Corrections Act 1986. (2) The request must be made for one or more of the following purposes— (a) the preparation of any of the following documents in relation to the offender— (i) an assessment report; (ii) a progress report; (iii) a coordinated services plan; (iv) a treatment and supervision plan; (v) any other report requested by a court for the purposes of this Act; (b) the carrying out of any of the Secretary's functions or duties under this Act. (3) The person to whom a request is made under subsection (1) must provide the information to the Secretary. (4) The Secretary may make the information available for the use of a person preparing a report in accordance with subsection (2). 284 Sharing of information (1) A relevant person may use, or disclose to another relevant person, any information obtained by the first-mentioned relevant person in carrying out a function under this Act or any other Act if— (a) the first-mentioned relevant person believes on reasonable grounds that it is necessary to use or disclose the information to enable that relevant person or the other relevant person -- 229 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 217 Authorised by the Chief Parliamentary Counsel to carry out a function under this Act or a relevant Act, including the following— (i) preparing assessment reports, progress reports, treatment and supervision plans or any other reports or documents required by this Act; (ii) making or responding to an application under this Act; (iii) preparing and reviewing coordinated services plans; (iv) delivering services or providing for the delivery of services in accordance with coordinated services plans; (v) managing an offender under— (A) this Act; or (B) the Corrections Act 1986; or (C) the Sentencing Act 1991; or (b) the use or disclosure is specifically authorised or required by or under this Act or another Act; or (c) the use or disclosure is authorised by the person to whom the information relates; or (d) the first-mentioned relevant person believes on reasonable grounds that it is necessary to use or disclose the information— (i) to reduce the risk of an offender committing a serious sex offence or a serious violence offence or both, or an offence referred to in Schedule 3, or engaging in any behaviour or conduct that threatens the safety of any person (including the offender); or -- 230 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 218 Authorised by the Chief Parliamentary Counsel (ii) to lessen or prevent a threat to the life, health, safety or welfare of any person. (2) A person who is or has been a relevant person must not use or disclose any information obtained by the person in carrying out a function under this Act unless the use or disclosure is authorised by subsection (1) or (3). Penalty: 120 penalty units. (3) A relevant person may use or disclose information given to the Authority that is not disclosed in a decision of the Authority or in any reasons given by the Authority for a decision of the Authority if— (a) the relevant person believes on reasonable grounds that it is necessary to use or disclose the information for the administration of this Act; or (b) the relevant person believes on reasonable grounds that it is necessary to use or disclose the information for the preparation for, conduct of or participation in— (i) a proceeding in any court; or (ii) a proceeding before a tribunal; or (iii) an inquest or investigation held by a coroner; or (c) the relevant person believes on reasonable grounds that it is necessary to use or disclose the information— (i) to reduce the risk of an offender committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or (ii) to lessen or prevent a threat to the life, health, safety or welfare of any person. -- 231 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 219 Authorised by the Chief Parliamentary Counsel (4) Section 277 does not apply to the disclosure of information under this section. (5) Nothing in this section limits or affects any requirement imposed by any other provision of this Act for the Secretary to notify the Authority or the Adult Parole Board of any matter. (6) In this section— relevant Act means— (a) the Bail Act 1977; or (b) the Children, Youth and Families Act 2005; or (c) the Control of Weapons Act 1990; or (d) the Corrections Act 1986; or (e) the Crimes Act 1958; or (f) the Disability Act 2006; or (g) the Family Violence Protection Act 2008; or (h) the Firearms Act 1996; or (i) the Housing Act 1983; or (j) the National Domestic Violence Order Scheme Act 2016; or (k) the Mental Health Act 2014; or (l) the Personal Safety Intervention Orders Act 2010; or (m) the Sentencing Act 1991; or (n) the Sex Offenders Registration Act 2004; or (o) the Summary Offences Act 1966; or (p) the Working with Children Act 2005; or -- 232 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 220 Authorised by the Chief Parliamentary Counsel (q) the Crimes Act 1914 of the Commonwealth; or (r) the Criminal Code Act 1995 of the Commonwealth; or (s) the Migration Act 1958 of the Commonwealth; relevant person means— (a) any member, or the secretary, of the Adult Parole Board; or (b) the Secretary; or (c) an independent prison visitor appointed under section 35 of the Corrections Act 1986; or (d) any person employed in the Department of Justice and Regulation; or (e) any person who delivers services or advice to, or on behalf of, the Department of Justice and Regulation, whether paid or unpaid; or (f) the Secretary to the Department of Health and Human Services; or (g) any person employed in the Department of Health and Human Services; or (h) any person who delivers services or advice on behalf of the Department of Health and Human Services; or (i) any member of the Authority or any employee assisting the Authority under section 301 to perform its functions; or (j) any person who delivers services or advice to, or on behalf of, the Authority, whether paid or unpaid; or -- 233 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 221 Authorised by the Chief Parliamentary Counsel (k) a person or body from which a responsible agency seeks or obtains advice; or (l) a person or body prescribed as a responsible agency under paragraph (d) of the definition of responsible agency; or (m) the Chief Commissioner of Police; or (n) a police officer; or (o) any Victoria Police employee within the meaning of the Victoria Police Act 2013; or (p) any person who delivers services or advice on behalf of Victoria Police; or (q) an Australian lawyer engaged for the purpose of obtaining legal advice or representation in relation to the administration or operation of this Act; or (r) the Secretary to the Department of Home Affairs of the Commonwealth; or (s) any person employed in the Department of Home Affairs of the Commonwealth; or (t) any person who delivers services or advice on behalf of the Department of Home Affairs of the Commonwealth; or (u) the Secretary to the Attorney-General's Department of the Commonwealth; or (v) any person employed in the Attorney-General's Department of the Commonwealth; or -- 234 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 222 Authorised by the Chief Parliamentary Counsel (w) any person who delivers services or advice on behalf of the Attorney- General's Department of the Commonwealth; or (x) the Commissioner of the Australian Federal Police; or (y) a member or a special member of the Australian Federal Police; or (z) the Commonwealth Director of Public Prosecutions; or (za) any person employed in the Office of the Commonwealth Director of Public Prosecutions; or (zb) any person who delivers services or advice on behalf of the Office of the Commonwealth Director of Public Prosecutions; or (zc) the DPP; or (zd) the Chief Crown Prosecutor within the meaning of the Public Prosecutions Act 1994; or (ze) any Crown Prosecutor or Associate Crown Prosecutor within the meaning of the Public Prosecutions Act 1994; or (zf) the Solicitor for Public Prosecutions appointed under the Public Prosecutions Act 1994; or (zg) any person employed in the Office of Public Prosecutions for Victoria; or (zh) any person who delivers services or advice on behalf of the Office of Public Prosecutions for Victoria; or (zi) a prescribed person or body. -- 235 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 223 Authorised by the Chief Parliamentary Counsel 285 Guidelines for disclosure (1) A relevant person must develop guidelines in relation to the accessing of information under section 284 that attempt to ensure that access to the information is restricted to the greatest extent that is possible without interfering with the purpose of this Act or a relevant Act referred to in that section. (2) In this section, relevant person means— (a) the Chairperson of the Adult Parole Board; or (b) the chairperson of the Authority; or (c) the Secretary; or (d) the Secretary to the Department of Health and Human Services; or (e) the Chief Commissioner of Police; or (f) the DPP. 286 Sharing information with responsible person The Secretary may disclose to a responsible person who is a guardian of an offender or who is otherwise legally responsible for the care of an offender any information in respect of the offender obtained by the Secretary in carrying out a function under this Act. 287 Sharing information with health care providers (1) The Secretary may disclose to a person providing health care to an offender any condition of a supervision order or an interim supervision order that may be relevant to the provision of health care to the offender. -- 236 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 224 Authorised by the Chief Parliamentary Counsel (2) In this section, health care includes care provided by— (a) a public hospital, denominational hospital, multi purpose service or registered community health service, all within the meaning of the Health Services Act 1988; or (b) a rehabilitation centre; or (c) an aged care facility; or (d) a disability service within the meaning of the Disability Act 2006; or (e) a designated mental health service within the meaning of the Mental Health Act 2014. 288 Disclosure of certain information is not contravention of section 4 of Judicial Proceedings Reports Act 1958 Section 4 of the Judicial Proceedings Reports Act 1958 does not prevent a disclosure of information, including the identity of a victim, that is made for the purposes of the administration of this Act or of an order made under this Act or an order or sentence made or imposed by a court under the Sentencing Act 1991, or for the purposes of an application for an order under this Act or the Sentencing Act 1991. 289 Exemption from Freedom of Information Act 1982 (1) The Freedom of Information Act 1982 does not apply to a document of the Authority to the extent to which the document discloses information that relates to— (a) a victim of an offender, including any victim submission made under this Act; or -- 237 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 225 Authorised by the Chief Parliamentary Counsel (b) a person in relation to the person being, or having been, an eligible offender or subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order; or (c) a proceeding under this Act that is or was before a court; or (d) a decision of the Authority; or (e) the decision-making processes of the Authority in relation to a particular matter; or (f) a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order in respect of an offender and, in the case of a supervision order or an interim supervision order, any condition to which the order is subject; or (g) any directions or instructions given under this Act to an offender; or (h) the location, operation or administration of a residential facility or the management of offenders at a residential facility; or (i) the location, operation or administration of a residential treatment facility or the management of offenders at a residential treatment facility; or (j) the management under the Corrections Act 1986 of an offender subject to a detention order, an interim detention order or an emergency detention order; or (k) the management of an offender subject to a supervision order or an interim supervision order; or -- 238 of 326 -- Part 19—Restriction and sharing of information Serious Offenders Act 2018 No. 27 of 2018 226 Authorised by the Chief Parliamentary Counsel (l) any other information prohibited from disclosure under this Part, unless that information is permitted to be disclosed by a publication order made by a court under section 278. (2) Nothing in this section limits or affects the operation of Part IV of the Freedom of Information Act 1982 in relation to documents of the Authority to which that Act applies. (3) In this section— document has the same meaning as in the Freedom of Information Act 1982; document of the Authority has the same meaning as document of an agency or document of the agency in the Freedom of Information Act 1982. -- 239 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 227 Authorised by the Chief Parliamentary Counsel Part 20—Post Sentence Authority Division 1—Continuation of Authority 290 Continuation of Post Sentence Authority (1) The Post Sentence Authority established under section 192C of the Serious Sex Offenders (Detention and Supervision) Act 2009 (as in force immediately before the commencement of this section) continues in existence. (2) The Authority— (a) is a body corporate with perpetual succession; and (b) must have an official seal; and (c) may sue and be sued in its corporate name; and (d) may acquire, hold and dispose of real and personal property; and (e) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The official seal of the Authority must be kept as directed by the Authority and must not be used except as authorised by the Authority. (4) All courts must take judicial notice of the seal of the Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed. 291 Functions of Authority (1) The Authority has the following functions— (a) to monitor compliance with and administer the conditions of supervision orders and interim supervision orders; -- 240 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 228 Authorised by the Chief Parliamentary Counsel (b) to give directions and instructions to an offender in accordance with any authorisation given to the Authority under a supervision order or an interim supervision order; (c) to make decisions to ensure the carrying into effect of the conditions of supervision orders and interim supervision orders; (d) to make recommendations to the Secretary in relation to applying to a court to review the conditions of supervision orders and interim supervision orders; (e) to review and monitor the progress of offenders on detention orders and interim detention orders; (f) to review and monitor the progress of offenders on emergency detention orders; (g) to review coordinated services plans for eligible offenders who are the subject of an application for a supervision order or a detention order; (h) to review coordinated services plans for offenders who are subject to a supervision order or an interim supervision order; (i) to review and monitor the progress of offenders on supervision orders and interim supervision orders; (j) to approve or disapprove change of name applications under section 260; (k) to report on the performance of functions and powers under this Act in its annual report under section 316; -- 241 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 229 Authorised by the Chief Parliamentary Counsel (l) any other function conferred on the Authority by or under this Act or any other Act. Example In relation to paragraph (b), a supervision order may authorise the Authority to give directions relating to electronic monitoring. (2) The Authority— (a) may inform itself in any manner it thinks fit; and (b) is not bound by the rules of evidence. (3) The Authority is not bound by the rules of natural justice. 292 Powers of Authority The Authority has all the powers necessary to perform its functions, including any power conferred on it by or under this Act or any other Act. 293 Membership of Authority (1) The Authority consists of not more than 10 persons appointed by the Governor in Council, on the recommendation of the Minister, being— (a) a chairperson (who may be either a full-time or sessional member); and (b) a deputy chairperson (who may be either a full-time or sessional member); and (c) not more than 3 members (in addition to the chairperson and deputy chairperson) who are full-time members; and (d) not more than 5 members (in addition to the chairperson and deputy chairperson) who are sessional members. -- 242 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 230 Authorised by the Chief Parliamentary Counsel (2) A member appointed to the Authority must be a person who— (a) has been a Judge of— (i) the High Court; or (ii) the Supreme Court or the equivalent court of another State or a Territory; or (iii) the Federal Court; or (iv) the Family Court; or (v) the County Court or the equivalent court of another State or a Territory; or (b) has been a magistrate of the Magistrates' Court or the equivalent court of another State or a Territory; or (c) is an Australian lawyer of at least 10 years' experience; or (d) is an Australian lawyer of at least 5 years' experience; or (e) is a community representative who has expertise and experience relevant to the functions of the Authority. 294 Chairperson and deputy chairperson of Authority (1) On the recommendation of the Minister, the Governor in Council must appoint one of the members referred to in section 293(2)(a), (b) or (c) to be chairperson of the Authority. (2) On the recommendation of the Minister, the Governor in Council must appoint one of the members referred to in section 293(2)(a), (b) or (c) to be deputy chairperson of the Authority. (3) If the chairperson is unable to perform the duties of office or is absent or the office of the chairperson is vacant, the deputy chairperson— -- 243 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 231 Authorised by the Chief Parliamentary Counsel (a) must act as the chairperson; and (b) while acting has the functions, powers and duties of the chairperson. 295 Acting appointments (1) On the recommendation of the Minister, the Governor in Council may appoint a member of the Authority referred to in section 293(2)(a), (b) or (c) or a person who is qualified to be a member under those provisions to be acting chairperson of the Authority (on a full-time or sessional basis) if— (a) the chairperson and the deputy chairperson are unable to perform the duties of the chairperson; or (b) the chairperson and the deputy chairperson are absent; or (c) the office of the chairperson and the deputy chairperson are vacant. (2) On the recommendation of the Minister, the Governor in Council may appoint a member of the Authority referred to in section 293(2)(a), (b) or (c) or a person who is qualified to be a member under those provisions to be acting deputy chairperson (on a full-time or sessional basis) of the Authority if— (a) the deputy chairperson is unable to perform the duties of the deputy chairperson; or (b) the deputy chairperson is absent; or (c) the office of the deputy chairperson is vacant. (3) On the recommendation of the Minister, the Governor in Council may appoint a member of the Authority referred to in section 293(2) (including a sessional member) or a person who is qualified -- 244 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 232 Authorised by the Chief Parliamentary Counsel to be a member under that section to be an acting member of the Authority (on a full-time or sessional basis) if— (a) a member is unable to perform the duties of a member; or (b) a member is absent; or (c) an office of member is vacant. (4) A person appointed under this section to act has the functions, powers and duties of the chairperson, deputy chairperson or member, as the case requires, while acting. 296 Terms and conditions of office (1) A member of the Authority holds office— (a) subject to subsections (3) and (4), for a term not exceeding 5 years specified in the member's instrument of appointment; and (b) subject to this Act, on the terms and conditions specified in the member's instrument of appointment. (2) Subject to this Act, a member is entitled to be paid remuneration, allowances and expenses determined by the Governor in Council and specified in the member's instrument of appointment. (3) A member is eligible for reappointment. (4) A member may hold office for a maximum of 9 years, whether appointed for one or more terms and whether or not those terms are consecutive. (5) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Authority in respect of the office of member. -- 245 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 233 Authorised by the Chief Parliamentary Counsel (6) If a person was, immediately before becoming a member of the Authority, an officer within the meaning of the State Superannuation Act 1988, the member continues, subject to that Act, to be an officer within the meaning of that Act. 297 Chairing of meetings (1) The chairperson is to preside at meetings of the Authority at which the chairperson is present. (2) In the absence of the chairperson, the deputy chairperson is to preside at meetings of the Authority at which the deputy chairperson is present. (3) In the absence of the chairperson and the deputy chairperson, the member appointed as acting chairperson or acting deputy chairperson is to preside at meetings of the Authority at which that member is present. 298 Meetings (1) The Authority is to meet at the times and places that are fixed by the chairperson. (2) The following questions which may arise before the Authority are to be decided by the person presiding at a meeting of the Authority— (a) whether a question is a question of fact or of law; (b) any question determined to be a question of law. (3) A question is not to be decided at a meeting of the Authority unless— (a) at least one of the following is present— (i) the chairperson or acting chairperson; (ii) the deputy chairperson or acting deputy chairperson; and -- 246 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 234 Authorised by the Chief Parliamentary Counsel (b) at least 2 other members of the Authority are present. (4) The decision of a majority of the members present at a meeting of the Authority on a question arising at the meeting (other than a question which under subsection (2) is to be decided by the person presiding at the meeting alone) is the decision of the Authority on that matter. (5) If there is an equality of votes on a question arising at a meeting of the Authority, the person presiding at the meeting has a second or casting vote. 299 Validity of acts or decisions of Authority An act or a decision of the Authority is not invalid merely because of— (a) a vacancy in the office of a member; or (b) a defect or irregularity in the appointment of a member. 300 Vacancies, resignations and removal from office (1) The office of a member of the Authority becomes vacant if— (a) the member's term expires; or (b) the member is removed from office under subsection (2); or (c) the member resigns by written notice of resignation delivered to the Minister or the Governor in Council. (2) Subject to subsection (3), on the recommendation of the Minister, the Governor in Council may remove a member from office. (3) The Minister must not make a recommendation under subsection (2) unless the Minister is of the opinion that the member— -- 247 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 235 Authorised by the Chief Parliamentary Counsel (a) is an insolvent under administration; or (b) has ceased to be eligible for appointment; or (c) is convicted of an offence, the commission of which makes the person unsuitable to be a member; or (d) has failed to disclose a conflict of interest; or (e) is unable to perform the functions and duties of the office for any reason; or (f) is or has been engaging in improper conduct; or (g) has neglected the member's duty as a member; or (h) is otherwise unfit to hold office. (4) A vacancy in the office of a member may be filled by appointment in accordance with this Part. 301 Employees and contractors (1) The Authority may enter into agreements or arrangements for the use of the services of any employee of a public entity within the meaning of the Public Administration Act 2004 or a public service body within the meaning of that Act to assist the Authority to perform its functions. (2) The Secretary must provide any employees of the Department of Justice and Regulation and any other assistance to the Authority that is necessary to assist the Authority to perform its functions. (3) An employee provided under this section to assist the Authority to perform its functions is subject to the directions of the Authority in performing those functions. (4) The Authority may engage contractors and agents to assist the Authority to perform its functions. -- 248 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 236 Authorised by the Chief Parliamentary Counsel 302 Member may act on behalf of Authority (1) If the Authority has heard and determined a matter, a member of the Authority may sign and issue all necessary orders and documents relating to that matter on behalf of the Authority. (2) An order or a document signed under subsection (1) has effect as if it were signed by all the members of the Authority. Division 2—Notices to produce or attend 303 Power of Authority to compel production of documents and other things or attendance of witnesses (1) For the purposes of performing its functions in relation to managing offenders who are subject to an order under this Act, the Authority may serve written notice on a person requiring the person— (a) to produce a specified document or other thing to the Authority before a specified time and in the specified manner; or (b) to attend a meeting of the Authority at a specified time and place to produce a specified document or other thing; or (c) to attend a meeting of the Authority at a specified time and place, and from then on from day to day until excused, to give evidence; or (d) to attend a meeting of the Authority at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing. (2) A notice under subsection (1)— (a) must be in the prescribed form, if any; and -- 249 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 237 Authorised by the Chief Parliamentary Counsel (b) must contain the following information— (i) a statement outlining the requirements of section 312; (ii) examples of what may constitute a reasonable excuse for failing to comply with the notice; (iii) how the person may object to the notice; (iv) any other prescribed information; and (c) must be served in accordance with section 306. 304 Person may dispute notice to produce or notice to attend (1) A person on whom a notice to produce or a notice to attend is served may make a claim to the Authority that— (a) the person has or will have a reasonable excuse for failing to comply with the notice; or (b) in the case of a notice under section 303(1)(a), (b) or (d), that a document or other thing specified in the notice is not relevant to the subject matter of the meeting. (2) Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to the Authority if the information— (a) in the case of a natural person, might tend to incriminate the person or make the person liable to a penalty; or (b) is the subject of parliamentary privilege; or -- 250 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 238 Authorised by the Chief Parliamentary Counsel (c) is the subject of legal professional privilege or client legal privilege; or (d) is the subject of public interest immunity; or (e) is prohibited from disclosure by a court order; or (f) is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to the Authority. 305 Variation or revocation of notice to produce or notice to attend (1) By further notice served on a person, the Authority may vary or revoke a notice served on that person under section 303— (a) on the Authority's own initiative; or (b) if the Authority is satisfied that the person's claim under section 304 is made out. (2) A notice varying or revoking a notice to produce or a notice to attend must be served in accordance with section 306. 306 Service of notice to produce or notice to attend (1) Subject to subsection (2), a notice to produce or notice to attend, or a notice varying or revoking a notice to produce or notice to attend, must be served within a reasonable time, being not less than 7 days before the date on which the person is required to attend or otherwise comply with the notice. (2) The Authority may serve a notice to attend requiring immediate attendance by a person if— (a) the Authority considers on reasonable grounds that a delay in the person's attendance is likely to result in— -- 251 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 239 Authorised by the Chief Parliamentary Counsel (i) evidence being lost or destroyed; or (ii) the commission of an offence, the continuation of a commission of an offence or an attempt to commit an offence; or (iii) the person on whom the notice is served absconding or otherwise evading attendance; or (iv) serious prejudice to the conduct of the meeting to which the notice relates; or (b) the person on whom the notice is served consents to immediate attendance. (3) A notice to produce or notice to attend may be served— (a) by serving a copy of the notice on the person personally; or (b) by sending a copy of the notice by prepaid ordinary post addressed to the person at the person's last known residential address; or (c) if the person— (i) has facilities for the reception of documents in a document exchange; and (ii) consents to accepting personal service of documents by delivery to those facilities in the document exchange— by delivering a copy of the notice addressed to the person to those facilities; or (d) if the person consents to documents being served electronically, by sending the notice by means of electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000. -- 252 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 240 Authorised by the Chief Parliamentary Counsel 307 Powers in relation to documents and other things produced (1) The Authority, a member of the Authority or an employee assisting the Authority under section 301 to perform its functions authorised by the Authority may— (a) inspect any document or other thing produced to the Authority under a notice to produce; and (b) retain the document or other thing for as long as is reasonably necessary for the purposes of this Act; and (c) copy any document or other thing produced to the Authority necessary for the purposes of this Act. (2) If the retention of a document or other thing under subsection (1) ceases to be reasonably necessary for the purposes of this Act, the Authority, at the request of a person who appears to be entitled to the document or other thing, must cause the document or other thing to be returned to the person unless it has been given to another person or body under this Act. 308 Power to compel attendance or production does not affect power of Authority to direct or instruct offenders The power of the Authority under section 303 to issue a notice to produce or a notice to attend does not affect or limit the power of the Authority— (a) to give to an offender who is subject to a supervision order a direction under section 139, 140 or 142(2) or an instruction under section 145; or (b) to require an offender to attend a meeting under section 148; or -- 253 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 241 Authorised by the Chief Parliamentary Counsel (c) to require an offender to attend before the Authority under section 171(1) for the purposes of an inquiry under section 170(1) into an alleged contravention of a supervision order under section 169; or (d) to require information under section 318; or (e) to require a responsible agency to provide further information to the Authority in relation to a coordinated services plan under section 334. 309 Appearance by audio visual link (1) If the Authority requires a person to attend a meeting of the Authority, the Authority, on its own initiative or at the request of the person, may direct the person to appear before the meeting by audio visual link from a place (the remote point) other than the place where the meeting is to be held. (2) The Authority must not make a direction under subsection (1) unless it is satisfied that both the place where the meeting of the Authority is to be held and the remote point are equipped with facilities that— (a) enable all the members of the Authority attending the meeting to see and hear the person required to attend; and (b) enable the person required to attend to see and hear all the members of the Authority attending the meeting. (3) The Authority, at any time in the course of a meeting, may vary or revoke a direction given under subsection (1), either on its own initiative or at the request of the person required to attend the meeting. -- 254 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 242 Authorised by the Chief Parliamentary Counsel (4) A person who, in accordance with a direction given under subsection (1), appears before a meeting of the Authority by audio visual link is taken to have attended the meeting of the Authority. 310 Notice to attend served on person serving custodial sentence or in custody on remand (1) If a notice to attend a meeting of the Authority is served on a person who is in prison or a police gaol, the Authority may give a written direction to the Governor of the prison or the officer in charge of the gaol (as the case may be) that, as required by the notice— (a) the person be brought to a place equipped with facilities to enable the person to appear before the Authority by audio visual link; or (b) the person be brought before the Authority. (2) A direction under subsection (1) must be in the prescribed form, if any. 311 Power to take evidence on oath or by affirmation (1) The Authority may require a person attending a meeting of the Authority in accordance with a notice to attend to give evidence or answer questions on oath or by affirmation. (2) For the purposes of subsection (1) and subject to subsection (3), an oath or affirmation must be administered to a person by— (a) a member of the Authority; or (b) an employee who is— (i) assisting the Authority under section 301 to perform its functions; and (ii) authorised to administer the oath or affirmation by the Authority. -- 255 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 243 Authorised by the Chief Parliamentary Counsel (3) In the case of an oath to be sworn or an affirmation to be made by a person who is appearing before the Authority by audio visual link, the oath or affirmation may be administered— (a) by means of the audio visual link, in nearly as practicable the same way as if the person were physically attending the meeting of the Authority; or (b) at the direction of, and on behalf of, the Authority at the remote point by a person authorised by the Authority. Note See section 309 in relation to the definition of the remote point. 312 Offence to fail to comply with a notice to produce or attend A person who is duly served with a notice to produce or a notice to attend must not, without reasonable excuse, refuse or fail to comply with the notice. Penalty: 30 penalty units or imprisonment for 3 months. 313 Offence to fail to take oath, make affirmation or answer question (1) A person who is duly served with a notice to attend a meeting of the Authority under section 303(1)(b), (c) or (d) must not, without reasonable excuse— (a) refuse or fail to take an oath or make an affirmation when required to do so; or -- 256 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 244 Authorised by the Chief Parliamentary Counsel (b) refuse or fail to answer a question that the person is required to answer by the Authority. Penalty: 30 penalty units or imprisonment for 3 months. (2) A person does not commit an offence against subsection (1) unless, before the person is required to take the oath or make the affirmation or answer the question, the Authority informs the person that refusal or failure to do so without reasonable excuse is an offence. Division 3—Miscellaneous matters 314 Protection of participants at Authority meeting (1) A member of the Authority has, in respect of the performance of the member's functions as member at a meeting of the Authority, the same protection and immunity as a Judge of the Supreme Court has in the performance of the Judge's duties as Judge. (2) An employee assisting the Authority under section 301 to perform its functions or a contractor or an agent engaged by the Authority under that section has, in the performance of the employee's or agent's functions at a meeting of the Authority, the same protection and immunity as a Judge of the Supreme Court has in the performance of the Judge's duties as Judge. (3) A person legally representing another person at a meeting of the Authority has the same protection and immunity as an Australian legal practitioner has in representing a party in a proceeding in the Supreme Court. (4) A person who gives information or evidence, or produces a document or other thing, at a meeting of the Authority has the same protection and -- 257 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 245 Authorised by the Chief Parliamentary Counsel immunity as a witness has in a proceeding in the Supreme Court. 315 Immunity of member of Authority (1) A member of the Authority is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the performance of a function under this Act or the regulations; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act or the regulations. (2) Any liability resulting from an act or omission that would, but for subsection (1), attach to the member of the Authority attaches instead to the Authority. 316 Annual report (1) Before 30 September in each year the Authority must give to the Minister a report relating to the 12 months ending on 30 June in that year and concerning the operation of this Act during that period, including— (a) details of the number of eligible offenders serving a custodial sentence during the period; and (b) details of the number of applications made for a detention order, an interim detention order and the renewal of a detention order during the period; and (c) details of the number of applications made for an emergency detention order during the period; and -- 258 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 246 Authorised by the Chief Parliamentary Counsel (d) details of the number of applications made for a supervision order, an interim supervision order and the renewal of a supervision order during the period; and (e) details of the number of applications made for the imposition of an intensive treatment and supervision condition on a supervision order or an interim supervision order during the period; and (f) details of the number of offenders in respect of whom a supervision order or an interim supervision order was made that was subject to an intensive treatment and supervision condition that has been revoked during the period; and (g) details of the number of offenders in respect of whom a detention order or an interim detention order was made during the period; and (h) details of the number of offenders in respect of whom an emergency detention order was made during the period; and (i) details of the number of offenders in respect of whom a supervision order or an interim supervision order was made during the period; and (j) details of the number of offenders subject to a detention order or an interim detention order who were found guilty or convicted of a serious sex offence or a serious violence offence during the period; and (k) details of the number of offenders subject to a supervision order or an interim supervision order who were found guilty or convicted of a serious sex offence, a serious violence -- 259 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 247 Authorised by the Chief Parliamentary Counsel offence or an offence against section 169 during the period; and (l) details of any contraventions of conditions of a supervision order or an interim supervision order by offenders and the actions taken by the Authority in respect of those contraventions during the period; and (m) the number of prosecutions commenced by the Secretary, the DPP or Victoria Police for an offence against section 169 during the period; and (n) details of the number of offenders directed to reside at a residential facility including the number of offenders directed to reside at a residential facility— (i) as a condition of an order imposed by the court under section 34(1) during the period; and (ii) by the Authority under section 36(4) during the period; and (o) details of the number of offenders in respect of whom an emergency power was exercised under Part 11 during the period; and (p) details of the number of offenders who were required to comply with electronic monitoring under a supervision order or an interim supervision order during the period; and (q) details of the exercise of powers of entry under sections 163 and 229 reported to the Authority during the period; and (r) details of the exercise of powers under Division 1 of Part 12 reported to the Authority during the period; and -- 260 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 248 Authorised by the Chief Parliamentary Counsel (s) details of the number of detention orders, supervision orders, interim supervision orders and interim detention orders completed or revoked during the period; and (t) the activities of the Authority during the period; and (u) in relation to the activities of responsible agencies, the following details— (i) the number of coordinated services plans developed and agreed to for eligible offenders in respect of whom an application for an order is made under section 13 or 61; (ii) the number of coordinated services plans developed and agreed to for offenders subject to a supervision order or an interim supervision order; (iii) the number of reviews conducted of coordinated services plans; (iv) the number of notices issued to responsible agencies in relation to coordinated services plans under section 334 and the number of responses provided; and (v) any other prescribed matter. (2) The Minister must cause the Authority's annual report to be laid before the Legislative Council and the Legislative Assembly before the end of the fourteenth sitting day of the Legislative Council or the Legislative Assembly after the annual report has been received by the Minister. -- 261 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 249 Authorised by the Chief Parliamentary Counsel 317 Other reports (1) When required by the Minister, the Authority must give to the Minister a report and recommendations concerning a person who, at the time of the report, is subject to one of the following orders— (a) a detention order; (b) an interim detention order; (c) an emergency detention order; (d) a supervision order; (e) an interim supervision order. (2) When required by the Minister, the Authority must give to the Minister a report on a matter stated in the requirement and relating to the activities of the Authority or the operation of this Act. 318 Information to be provided to Authority (1) For the purposes of preparing its annual report under section 316, the Authority may require any information specified in the requirement to be provided to it by— (a) a responsible agency; and (b) the DPP; and (c) other relevant Departments or agencies. (2) An entity referred to in subsection (1)(a), (b) or (c) must provide to the Authority information specified in a requirement under subsection (1). -- 262 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 250 Authorised by the Chief Parliamentary Counsel Division 4—Security at Authority premises 319 Functions of security officers The functions of a security officer under this Act are— (a) to provide security at premises where— (i) the Authority meets; or (ii) employees referred to in section 301 who are assisting the Authority under that section to perform its functions are located; and (b) if required, to assist a police officer in the performance of the police officer's duties at premises where the Authority meets. 320 Search and seizure powers of security officers (1) In performing the functions of a security officer under this Act, a security officer may carry out a garment search, a pat-down search or a scanning search of an offender if the security officer suspects on reasonable grounds— (a) that the search is necessary— (i) for the safety of any person; or (ii) to monitor the offender's compliance with a supervision order or an interim supervision order; or (b) the offender of behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of the supervision order or interim supervision order. (2) To the extent practicable, a pat-down search must be carried out by a person of the same sex as the offender being searched. -- 263 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 251 Authorised by the Chief Parliamentary Counsel (3) A search under subsection (1) may continue only for as long as required to achieve the purpose of the search. (4) If necessary, a security officer may use reasonable force to carry out a search under subsection (1). (5) In carrying out a search under subsection (1), a security officer may seize any thing found in the possession or under the control of the offender if the security officer suspects on reasonable grounds that— (a) the seizure is necessary for the safety of any person; or (b) the thing relates to behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of the supervision order or interim supervision order. 321 Warning that search or seizure is to occur and that reasonable force may be used Immediately before a search or a seizure under section 320 is carried out, a security officer must inform the offender that— (a) the search or seizure (as the case requires) is to occur; and (b) reasonable force may be used to assist in the carrying out of the search or seizure. 322 Security officer may give directions (1) In performing the functions of a security officer under this Act, a security officer may direct an offender to do or not do anything that the security officer believes on reasonable grounds is necessary for the safety of any person. -- 264 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 252 Authorised by the Chief Parliamentary Counsel (2) A security officer may use reasonable force to compel an offender to obey a direction given under subsection (1) if the security officer believes on reasonable grounds that the use of force is necessary— (a) to prevent the offender or another person being killed or seriously injured; or (b) to prevent serious damage to property. (3) For the purposes of subsection (2), a security officer may use any weapon (other than a firearm) in accordance with an exemption granted under section 8B of the Control of Weapons Act 1990. (4) In compelling an offender under subsection (2) to obey a direction, a security officer may apply an authorised instrument of restraint to the offender if the security officer believes on reasonable grounds that this is necessary— (a) to prevent the offender or another person being killed or seriously injured; or (b) to prevent serious damage to property. 323 Security officer may arrest without warrant (1) In performing the functions of a security officer under this Act, a security officer may arrest without warrant an offender if the security officer believes on reasonable grounds that the offender has committed an indictable offence. (2) A security officer who has arrested an offender under subsection (1)— (a) must deliver the offender into the custody of a police officer as soon as practicable after the arrest to be dealt with according to law; and -- 265 of 326 -- Part 20—Post Sentence Authority Serious Offenders Act 2018 No. 27 of 2018 253 Authorised by the Chief Parliamentary Counsel (b) may detain the offender in a suitable place until the offender is delivered into the custody of a police officer under paragraph (a). 324 Seizure of things—reporting and recording (1) A security officer who seizes any thing under this Division must as soon as practicable report the seizure to the Commissioner. (2) The Commissioner must record details of the seizure reported under subsection (1) in the register referred to in section 238. 325 Reporting of use of force or application of instrument of restraint (1) This section applies if a security officer— (a) uses force against an offender under this Division; or (b) applies an instrument of restraint to an offender under this Division. (2) A security officer referred to in subsection (1) must report as soon as practicable to the Commissioner the use of force or the application of the instrument of restraint, as the case requires. 326 Seized things Division 6 of Part 14, with any necessary modifications, applies to a thing seized under this Division. 327 No liability A security officer is not liable for injury or damage caused by— (a) the use of force in accordance with this Division; or (b) the application of an instrument of restraint in accordance with this Division. -- 266 of 326 -- Part 21—Cooperation and coordination between responsible agencies Serious Offenders Act 2018 No. 27 of 2018 254 Authorised by the Chief Parliamentary Counsel Part 21—Cooperation and coordination between responsible agencies 328 Application of Part This Part applies in addition to any other function or power of a responsible agency under this Act. 329 Responsible agency must act in accordance with principle of shared responsibility In the delivery of services to— (a) an eligible offender who is the subject of an application for a supervision order or a detention order; or (b) an offender who is subject to a supervision order or an interim supervision order— a responsible agency must— (c) provide reasonable assistance and support to another responsible agency; and (d) share information, including for the purposes of reporting, in accordance with this Act; and (e) identify and take steps to resolve any issues, including systemic issues, relating to the delivery of those services. 330 Responsible agencies must establish panel For the purpose of performing their functions under this Part, responsible agencies must jointly establish one, or more than one, panel. 331 Responsible agencies to agree on coordinated services plan for each offender Responsible agencies must develop and agree to a coordinated services plan in respect of— (a) an eligible offender who is the subject of an application for a supervision order or a detention order; and -- 267 of 326 -- Part 21—Cooperation and coordination between responsible agencies Serious Offenders Act 2018 No. 27 of 2018 255 Authorised by the Chief Parliamentary Counsel (b) an offender who is subject to a supervision order or an interim supervision order. 332 Content of coordinated services plan (1) A coordinated services plan in relation to an eligible offender who is the subject of an application for a supervision order or a detention order must set out the services that will be made available to the offender if a supervision order or an interim supervision order is made. (2) A coordinated services plan in respect of an offender who is subject to a supervision order or an interim supervision order must set out— (a) the matters referred to in section 16(2); and (b) identified risk factors relevant to the offender; and (c) a description of the services that will be made available to the offender in order to address the factors referred to in paragraph (b); and (d) agreement by the responsible agencies to deliver, or provide for the delivery of, the services referred to in paragraph (c); and (e) the prescribed matters, if any. (3) A coordinated services plan in respect of an offender who is subject to a supervision order or an interim supervision order that has an intensive treatment and supervision condition must set out— (a) the matters referred to in subsection (2); and (b) the treatment and services to be provided to the offender to assist the offender to transition from the residential treatment facility to the community. -- 268 of 326 -- Part 21—Cooperation and coordination between responsible agencies Serious Offenders Act 2018 No. 27 of 2018 256 Authorised by the Chief Parliamentary Counsel 333 Responsible agencies to give copy of plan to Authority Responsible agencies must give to the Authority a copy of a coordinated services plan— (a) in relation to an eligible offender, as soon as practicable after an application for a supervision order or a detention order is made; and (b) in relation to an offender who is subject to a supervision order or an interim supervision order, as soon as practicable after the order has been made. 334 Authority to review coordinated services plans (1) The Authority must review a coordinated services plan received under section 333 or 335. (2) The Authority may serve written notice on a responsible agency requesting information in relation to a coordinated services plan. (3) A responsible agency must comply with a notice served on it under subsection (2). (4) This section does not limit the power of the Authority to serve a notice under section 303. 335 Responsible agencies to review and report on coordinated services plan (1) Responsible agencies must review each coordinated services plan not later than 6 months after the plan was agreed to or last reviewed (whichever is the later) and— (a) confirm the plan; or (b) revise the plan; or -- 269 of 326 -- Part 21—Cooperation and coordination between responsible agencies Serious Offenders Act 2018 No. 27 of 2018 257 Authorised by the Chief Parliamentary Counsel (c) revoke the plan if the offender is no longer subject to a supervision order or an interim supervision order. (2) If responsible agencies consider it appropriate to do so, responsible agencies may review a coordinated services plan and confirm or revise the plan in respect of an offender who— (a) becomes subject to an emergency detention order or ceases to be subject to an emergency detention order; or (b) is subject to a supervision order or an interim supervision order and either— (i) an intensive treatment and supervision condition is imposed on the order or is revoked; or (ii) an intensive treatment and supervision condition on the order is due to expire. (3) As soon as practicable after each review conducted under this section, responsible agencies must give to the Authority— (a) if the coordinated services plan was confirmed or revised, a copy of the confirmed or revised plan; or (b) notice that the coordinated services plan has been revoked. 336 Expiry of plan A coordinated services plan expires on the earlier of— (a) in the case of an eligible offender who is the subject of an application for a supervision order or a detention order, the determination of the application; or (b) its revocation under section 335. -- 270 of 326 -- Part 21—Cooperation and coordination between responsible agencies Serious Offenders Act 2018 No. 27 of 2018 258 Authorised by the Chief Parliamentary Counsel 337 Responsible agency may seek services or advice In performing its functions under this Part, a responsible agency may seek the services or advice of any person or body. 338 Delegation (1) In the performance of its functions under this Part, a responsible agency may, by instrument, delegate any function or power of the responsible agency under this Part, other than this power of delegation, to— (a) an employee, or class of employees, in the office or body of which the responsible agency is or has the functions of a public service body Head (within the meaning of the Public Administration Act 2004); or (b) in the case of a responsible agency that is prescribed under paragraph (d) of the definition of responsible agency in section 3, an employee, or class of employees, of the responsible agency. (2) This section does not limit section 345. 339 Legal rights not affected The Parliament does not intend by this Part— (a) to create in any person any legal right or give rise to any civil cause of action; or (b) to affect in any way the interpretation of any Act or law in force in Victoria. -- 271 of 326 -- Part 22—General Serious Offenders Act 2018 No. 27 of 2018 259 Authorised by the Chief Parliamentary Counsel Part 22—General 340 Persons authorised to act as specified officers The following persons are authorised to act as specified officers— (a) a prison officer who is a community corrections officer referred to in section 12(4) of the Corrections Act 1986; (b) a prison officer belonging to a class of prison officers who are community corrections officers referred to in section 12(4) of the Corrections Act 1986; (c) a member of a class of prison officers who are community corrections officers referred to in section 12(4) of the Corrections Act 1986. 341 Sex offender registration order under Sex Offenders Registration Act 2004 (1) This section applies to an offender on whom a custodial sentence has been imposed for a serious sex offence. (2) The Supreme Court or the County Court must make a sex offender registration order under the Sex Offenders Registration Act 2004 in respect of an offender, if the offender is not already subject to that Act, on— (a) the making or confirmation of a supervision order or a detention order under this Act; or (b) the varying of a supervision order; or (c) the adding or removing of a condition of a supervision order; or (d) the confirmation of a condition of a supervision order or an interim supervision order on a review under Part 8. -- 272 of 326 -- Part 22—General Serious Offenders Act 2018 No. 27 of 2018 260 Authorised by the Chief Parliamentary Counsel 342 Service of documents (1) Subject to section 306, a document required or permitted by or under this Act to be served may be served— (a) in the case of service on an offender, by delivering it personally to the offender; or (b) in the case of service on the Secretary, by sending it by post addressed to the Secretary at the principal office of the Department of Justice and Regulation; or (c) in the case of the Adult Parole Board, by sending it by post to the secretary of the Adult Parole Board; or (d) in the case of the Authority, by sending it by post to the chairperson of the Authority; or (e) in the case of the DPP, by sending it by post addressed to the DPP. (2) If it appears to the court to which an application under Part 3, 4, 5, 6, 7 or 8 is made, by evidence on oath or by affirmation, whether orally or by affidavit, that personal service on the offender cannot be or is unlikely to be effected promptly, the court may make an order for substituted service. (3) A document that is not required to be served personally on an offender under this Act may be given to the offender by posting the document to the offender or by delivering it to the offender's legal representative by post, document exchange, facsimile transmission or, with the consent of the recipient, email. -- 273 of 326 -- Part 22—General Serious Offenders Act 2018 No. 27 of 2018 261 Authorised by the Chief Parliamentary Counsel 343 Costs Except where the court considers that exceptional circumstances exist, the parties to any proceedings on an application under this Act must each bear their own costs. 344 Certificate of available resources (1) The Secretary may prepare a certificate of available resources in respect of an offender for the purposes of this Act. (2) The certificate of available resources must— (a) state whether or not there are facilities or services available for the accommodation, care, monitoring, rehabilitation or treatment of the offender; and (b) if there are, give an outline of those facilities or services. (3) If there are no facilities or services available, the certificate of available resources may contain any other options the Secretary considers it appropriate for the court to consider in making the proposed order or in refusing to make any order. (4) The court may require the Secretary to give evidence, or to provide the court with a further certificate of available resources, to clarify or expand on the matters dealt with in a certificate of available resources. 345 Delegation by Secretary The Secretary may, by instrument, delegate to any employee of the Department of Justice and Regulation any of the Secretary's powers and functions under this Act other than this power of delegation. -- 274 of 326 -- Part 22—General Serious Offenders Act 2018 No. 27 of 2018 262 Authorised by the Chief Parliamentary Counsel 346 Delegation by Commissioner The Commissioner may, by instrument, delegate to any employee of the Department of Justice and Regulation any of the Commissioner's powers and functions under this Act other than this power of delegation. 347 Grants by Minister Out of money made available for the purpose, the Minister may make grants to organisations which, in the Minister's opinion— (a) promote the welfare of offenders subject to an order under this Act; or (b) provide treatment or help of any other kind for offenders subject to an order under this Act. 348 Review of Act (1) The Minister must cause a review to be undertaken of the operation and effectiveness of this Act within 5 years after the commencement of all of the provisions of this Act. (2) The Minister must cause a copy of a report of the review to be laid before the Legislative Council and the Legislative Assembly before the end of the fourteenth sitting day of the Legislative Council or the Legislative Assembly after the annual report has been received by the Minister. 349 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. -- 275 of 326 -- Part 22—General Serious Offenders Act 2018 No. 27 of 2018 263 Authorised by the Chief Parliamentary Counsel (2) Without limiting subsection (1), the regulations may make provision for or with respect to any matters in respect of or incidental to seizure of things under Part 14, including but not limited to the following— (a) the form of, and information to be included in, receipts and registers; (b) processes for returning seized things. (3) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and (d) may require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of person; or (iii) as specified in both subparagraphs (i) and (ii); and (e) may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations— (i) whether unconditionally or on specified conditions; and (ii) either wholly or to any extent that is specified; and -- 276 of 326 -- Part 22—General Serious Offenders Act 2018 No. 27 of 2018 264 Authorised by the Chief Parliamentary Counsel (f) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations. -- 277 of 326 -- Part 23—Repeal and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 265 Authorised by the Chief Parliamentary Counsel Part 23—Repeal and transitional provisions 350 Repeal The Serious Sex Offenders (Detention and Supervision) Act 2009 is repealed. 351 Savings and transitional provisions Schedule 4 has effect. -- 278 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 266 Authorised by the Chief Parliamentary Counsel Part 24—Consequential amendment of other Acts 352 Bail Act 1977 In clauses 28 and 29 of Schedule 2 to the Bail Act 1977, for "Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "Serious Offenders Act 2018". 353 Civil Procedure Act 2010 For section 4(2)(j) of the Civil Procedure Act 2010 substitute— "(j) the Serious Offenders Act 2018;". 354 Corrections Act 1986—new Division 2 inserted in Part 1A After section 6F of the Corrections Act 1986 insert— "Division 2—Custody of the Commissioner 6G When is a person in the legal custody of the Commissioner? (1) A person is deemed to enter the legal custody of the Commissioner when— (a) a supervision order with an intensive treatment and supervision condition (within the meaning of the Serious Offenders Act 2018) is made in relation to the person; and (b) either of the following events occurs— (i) a person acting under lawful authority on behalf of the Commissioner takes physical custody of the person; or -- 279 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 267 Authorised by the Chief Parliamentary Counsel (ii) a person at a residential treatment facility (within the meaning of the Serious Offenders Act 2018) acting under lawful authority on behalf of the Commissioner receives the person into the facility. (2) A person who enters the legal custody of the Commissioner under subsection (1) is deemed to remain in that custody until that custody ceases under this Part. (3) Subject to section 6H, a person deemed to enter the legal custody of the Commissioner under subsection (1) who is authorised to be absent from a residential treatment facility continues to be in the legal custody of the Commissioner. 6H When does legal custody of the Commissioner cease? (1) A person ceases to be in the legal custody of the Commissioner— (a) on the expiration or revocation of— (i) the intensive treatment and supervision condition imposed on the supervision order (within the meaning of the Serious Offenders Act 2018) to which the person is subject; or (ii) a supervision order (within the meaning of the Serious Offenders Act 2018) to which the person is subject, if a treatment and supervision condition has been imposed on the supervision order; or -- 280 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 268 Authorised by the Chief Parliamentary Counsel (b) if legal custody is lawfully transferred from the Commissioner to another person, including— (i) the Secretary under this Act; and (ii) the Chief Commissioner of Police under this Act, the Serious Offenders Act 2018 or any other Act or law; or (c) if the person absconds from a residential treatment facility (within the meaning of the Serious Offenders Act 2018); or (d) if the person is in the physical custody of a person acting under lawful authority on behalf of the Commissioner, when the person— (i) absconds from that physical custody; or (ii) wilfully ceases to be in that physical custody; or (e) if the person is authorised to be in the community but is still in the legal custody of the Commissioner, when the person does not return to the residential treatment facility in accordance with that authorisation. (2) For the purposes of subsection (1)(e), authorised means a person who is authorised— (a) under a condition of the supervision order to which the person is subject; or (b) by a direction or instruction of the Post Sentence Authority; or -- 281 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 269 Authorised by the Chief Parliamentary Counsel (c) by a supervision officer or a specified officer within the meaning of the Serious Offenders Act 2018. 6I Powers of court or tribunal not affected (1) Every person in the legal custody of the Commissioner under this Part who is brought before a court or tribunal remains in the legal custody of the Commissioner, subject to any lawful order or direction of the court or tribunal. (2) The fact that a person appearing before a court or tribunal is in the legal custody of the Commissioner does not affect any power or authority of the court or tribunal to make orders or directions in relation to the person in respect of the proceedings before the court or tribunal.". 355 Corrections Act 1986—other consequential amendments (1) In section 3(1) of the Corrections Act 1986— (a) for the definition of Post Sentence Authority substitute— "Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;"; (b) for the definition of sexual offence substitute— "sexual offence (except in section 56AC) means an offence referred to in Schedule 1 to the Serious Offenders Act 2018;". -- 282 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 270 Authorised by the Chief Parliamentary Counsel (2) After the heading to Part 1A of the Corrections Act 1986 insert— "Division 1—Custody of the Secretary or the Chief Commissioner of Police". (3) In section 6(e) of the Corrections Act 1986, for "Serious Sex Offenders (Detention and Supervision) Act 2009." substitute "Serious Offenders Act 2018; or". (4) After section 6(e) of the Corrections Act 1986 insert— "(f) an emergency detention order within the meaning of the Serious Offenders Act 2018.". (5) In section 6A(4) of the Corrections Act 1986, for "a detention order or an interim detention order within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "a detention order, an interim detention order or an emergency detention order within the meaning of the Serious Offenders Act 2018". (6) In section 6B(1)(a) of the Corrections Act 1986, for "a detention order or an interim detention order under the Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "a detention order, an interim detention order or an emergency detention order under the Serious Offenders Act 2018". (7) After section 6B(1)(a) of the Corrections Act 1986 insert— "(ab) on the expiration of a detention order or an interim detention order under the Serious Offenders Act 2018 if— -- 283 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 271 Authorised by the Chief Parliamentary Counsel (i) the person is not subject to any other order of imprisonment; and (ii) the person is not serving a sentence of imprisonment; or (ac) on the expiration of an emergency detention order under the Serious Offenders Act 2018 if— (i) the person is not subject to any other order of imprisonment; and (ii) the person is not serving a sentence of imprisonment; or". (8) After section 8A(2)(a) of the Corrections Act 1986 insert— "(ab) the performance of functions under the Serious Offenders Act 2018; and". (9) In the note at the foot of section 12(4) of the Corrections Act 1986, for "section 158F of the Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "section 340 of the Serious Offenders Act 2018". (10) In section 30A(1) of the Corrections Act 1986— (a) for paragraph (b) of the definition of criminal act of violence substitute— "(b) any offence referred to in Schedule 1 to the Serious Offenders Act 2018;"; (b) for the definition of detention order substitute— "detention order means a detention order or an interim detention order within the meaning of the Serious Offenders Act 2018;"; -- 284 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 272 Authorised by the Chief Parliamentary Counsel (c) insert the following definition— "emergency detention order means an emergency detention order within the meaning of the Serious Offenders Act 2018;"; (d) omit the definition of relevant offence; (e) for the definition of supervision order substitute— "supervision order means a supervision order or an interim supervision order within the meaning of the Serious Offenders Act 2018;"; (f) in paragraph (d)(i) of the definition of victim, for "supervision order or a detention order, or an application for a supervision order or a detention order;" substitute "supervision order, a detention order or an emergency detention order, or an application for a supervision order, a detention order or an emergency detention order;". (11) In section 30A(2AA) of the Corrections Act 1986, for "a relevant offence for which an offender is or was subject to a supervision order or a detention order, or an application for a supervision order or a detention order," substitute "an offence referred to in Schedule 1 or 2 to the Serious Offenders Act 2018 for which an offender is or was subject to a supervision order, a detention order or an emergency detention order, or an application for a supervision order, a detention order or an emergency detention order". -- 285 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 273 Authorised by the Chief Parliamentary Counsel (12) In section 30A(2AA) of the Corrections Act 1986 substitute— (a) for paragraph (ba) substitute— "(ba) if a supervision order, a detention order or an emergency detention order is made, varied or renewed— (i) the date on which it commences, the period of the order and any instructions or directions, or any variation of the instructions or directions, given to the offender by the Post Sentence Authority under Part 11 of the Serious Offenders Act 2018;". (b) in paragraph (c), for "if the supervision order or detention order" substitute" if the supervision order, detention order or emergency detention order". (13) For section 30A(2AC) of the Corrections Act 1986 substitute— "(2AC) Subsection (2AA) applies— (a) despite an order made under section 279 of the Serious Offenders Act 2018; and (b) despite sections 277 and 281 of the Serious Offenders Act 2018.". (14) In section 30C of the Corrections Act 1986— (a) for paragraph (a)(ii) substitute— "(ii) an offender who is or was subject to a supervision order, a detention order or an emergency detention order, or an application for a supervision order, a detention order or an emergency detention order—"; -- 286 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 274 Authorised by the Chief Parliamentary Counsel (b) for paragraph (c) substitute— "(c) can demonstrate, to the satisfaction of the Secretary, a substantial connection to an offence referred to in Schedule 1 or 2 to the Serious Offenders Act 2018 for which the offender is or was subject to a supervision order, a detention order or an emergency detention order, or an application for a supervision order, a detention order or an emergency detention order.". (15) For section 30G(b) of the Corrections Act 1986 substitute— "(b) the person against whom an offence referred to in Schedule 1 or 2 to the Serious Offenders Act 2018 was committed for which the offender is or was subject to a supervision order, a detention order or an emergency detention order, or an application for a supervision order, a detention order or an emergency detention order.". (16) In section 55K of the Corrections Act 1986— (a) in paragraph (b), for "meets." substitute "meets; and"; (b) after paragraph (b) insert— "(c) the functions referred to in section 319 of the Serious Offenders Act 2018.". (17) In section 78F of the Corrections Act 1986, in the definition of specified officer, for "Serious Sex Offenders (Detention and Supervision) Act 2009;" substitute "Serious Offenders Act 2018;". -- 287 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 275 Authorised by the Chief Parliamentary Counsel (18) In section 78G(4) of the Corrections Act 1986, for "Serious Sex Offenders (Detention and Supervision) Act 2009." substitute "Serious Offenders Act 2018.". (19) In section 79L(10)(f) of the Corrections Act 1986, for "Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "Serious Offenders Act 2018". (20) For section 84H(1)(b) of the Corrections Act 1986 substitute— "(b) a prisoner who is a person in respect of whom an emergency detention order, a detention order or an interim detention order within the meaning of the Serious Offenders Act 2018 has been made—". (21) In section 104E of the Corrections Act 1986— (a) in the definition of monitored person, for "Serious Sex Offenders (Detention and Supervision) Act 2009;" substitute "Serious Offenders Act 2018;"; (b) in the definition of specified officer, for "Serious Sex Offenders (Detention and Supervision) Act 2009." substitute "Serious Offenders Act 2018.". (22) In section 104F of the Corrections Act 1986, for "section 16(2)(b) of the Serious Sex Offenders (Detention and Supervision) Act 2009," substitute "section 28(12) of the Serious Offenders Act 2018,". (23) In section 104K(3) of the Corrections Act 1986, for "section 119 of the Serious Sex Offenders (Detention and Supervision) Act 2009." substitute "Part 11 of the Serious Offenders Act 2018.". -- 288 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 276 Authorised by the Chief Parliamentary Counsel (24) In section 104L of the Corrections Act 1986, for "section 16(2)(d) of the Serious Sex Offenders (Detention and Supervision) Act 2009," substitute "section 31(10) of the Serious Offenders Act 2018,". (25) In section 104N(1) and (2) of the Corrections Act 1986, for "Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "Serious Offenders Act 2018". (26) In section 104ZX of the Corrections Act 1986, in the definition of Corrections legislation, for paragraph (e) substitute— "(e) the Serious Offenders Act 2018;". (27) In section 104ZY(4) of the Corrections Act 1986, for the definition of sexual offence substitute— "sexual offence means an offence referred to in— (a) Schedule 1 to the Serious Offenders Act 2018; or (b) item 5 or 6 of Schedule 3 to the Serious Offenders Act 2018.". (28) In Schedule 5 to the Corrections Act 1986— (a) in item 6(2)(b), for "192N of the Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "301 of the Serious Offenders Act 2018"; (b) in item 8(5) and (6), for "Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "Serious Offenders Act 2018". 356 Criminal Organisations Control Act 2012 In section 3(1) of the Criminal Organisations Control Act 2012, for the definition of Post Sentence Authority substitute— -- 289 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 277 Authorised by the Chief Parliamentary Counsel "Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;". 357 Criminal Procedure Act 2009 In section 3 of the Criminal Procedure Act 2009, in paragraph (f) of the definition of original jurisdiction, for "section 172AC of the Serious Sex Offenders (Detention and Supervision) Act 2009;" substitute "section 176 of the Serious Offenders Act 2018;". 358 Disability Act 2006 (1) In section 3(1) of the Disability Act 2006, for the definition of Post Sentence Authority substitute— "Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;". (2) In section 152(2)(f) of the Disability Act 2006, for "Serious Sex Offenders (Detention and Supervision) Act 2009." substitute "Serious Offenders Act 2018.". 359 Firearms Act 1996 (1) In section 3(1) of the Firearms Act 1996, after paragraph (cb) of the definition of prohibited person insert— "(cc) a person who is subject to a supervision order or an interim supervision order under the Serious Offenders Act 2018 that— (i) suspends, cancels or revokes a licence, permit or authority under this Act; or -- 290 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 278 Authorised by the Chief Parliamentary Counsel (ii) does not suspend, cancel or revoke a licence, permit or authority under this Act;". (2) In section 46(1) of the Firearms Act 1996, for "paragraph (c)(i) or (c)(ib)" substitute "paragraph (c)(i), (c)(ib) or (cc)(ii)". (3) After section 53(4)(ab) of the Firearms Act 1996 insert— "(ac) if the surrender or seizure is as a consequence of the making of a supervision order or an interim supervision order under the Serious Offenders Act 2018— (i) within 3 months of the making of the order; or (ii) if an application for a declaration under section 189 has been made within 3 months of the making of the order, within 28 days of a decision not to make that declaration; or". (4) After section 189(1A) of the Firearms Act 1996 insert— "(1B) A person who is a prohibited person referred to in paragraph (cc)(ii) of the definition of prohibited person in section 3(1) may apply to the Court for a declaration that the person— (a) is deemed not to be a prohibited person by virtue of being or having been subject to a supervision order or an interim supervision order of a kind referred to in that subparagraph; or (b) is so deemed for limited purposes only.". -- 291 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 279 Authorised by the Chief Parliamentary Counsel (5) In section 189(3) of the Firearms Act 1996— (a) in paragraph (b)(ii), for "Court." substitute "Court;"; (b) after paragraph (b) insert— "(c) in the case of a person to whom subsection (1B) applies, the court that made the supervision order or the interim supervision order.". (6) After section 189(5) of the Firearms Act 1996 insert— "(6) In the case of an application under subsection (1B), the Court cannot hear the application until any appeal under the Serious Offenders Act 2018 in relation to the supervision order or the interim supervision order (as the case requires) has been determined.". 360 Health Records Act 2001 In section 3(1) of the Health Records Act 2001, in paragraph (ka) of the definition of law enforcement agency, for "established by section 192C of the Serious Sex Offenders (Detention and Supervision) Act 2009; or" substitute "continued in existence under section 290 of the Serious Offenders Act 2018; or". 361 Open Courts Act 2013 For section 8(2)(j) of the Open Courts Act 2013 substitute— "(j) Division 1 of Part 19 of the Serious Offenders Act 2018;". -- 292 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 280 Authorised by the Chief Parliamentary Counsel 362 Privacy and Data Protection Act 2014 In section 3 of the Privacy and Data Protection Act 2014, for paragraph (la) of the definition of law enforcement agency substitute— "(la) the Post Sentence Authority continued in existence by section 290 of the Serious Offenders Act 2018; or". 363 Public Prosecutions Act 1994 In section 22(1)(ab) of the Public Prosecutions Act 1994— (a) in subparagraph (iii), for "section 172AB of the Serious Sex Offenders (Detention and Supervision) Act 2009;" substitute "section 175 of the Serious Offenders Act 2018;"; (b) in subparagraph (iv), for "section 172AC of the Serious Sex Offenders (Detention and Supervision) Act 2009;" substitute "section 176 of the Serious Offenders Act 2018;". 364 Sentencing Act 1991 (1) In section 3(1) of the Sentencing Act 1991, for the definition of Post Sentence Authority substitute— "Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;". (2) In section 5(2BD)(a) of the Sentencing Act 1991— (a) for "Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "Serious Offenders Act 2018"; -- 293 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 281 Authorised by the Chief Parliamentary Counsel (b) for "the Post Sentence Authority under section 119, 120(2) or 121 of that Act;" substitute "the Authority under Part 11 of that Act;". (3) For the heading to section 10AB of the Sentencing Act 1991 substitute— "Custodial sentence for offence of contravening supervision order or interim supervision order under Serious Offenders Act 2018". (4) In section 10AB(1) of the Sentencing Act 1991, for "section 160 of the Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "section 169 of the Serious Offenders Act 2018". (5) In section 10AB(2) of the Sentencing Act 1991— (a) for "failed to comply with" substitute "contravened"; (b) after "supervision order" insert "or interim supervision order". (6) For section 10AB(3) of the Sentencing Act 1991 substitute— "(3) In this section, interim supervision order, restrictive condition and supervision order have the same meaning as in the Serious Offenders Act 2018.". 365 Sex Offenders Registration Act 2004 (1) In section 11(9) of the Sex Offenders Registration Act 2004— (a) for "section 6B of the Serious Sex Offenders (Detention and Supervision) Act 2009," substitute "section 341 of the Serious Offenders Act 2018,"; -- 294 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 282 Authorised by the Chief Parliamentary Counsel (b) for "in accordance with section 6B of that Act," substitute "in accordance with section 341 of that Act,". (2) In section 16(5) of the Sex Offenders Registration Act 2004— (a) after "residential facility" insert "or a residential treatment facility"; (b) for "a supervision order made under the Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "a supervision order or an interim supervision order under the Serious Offenders Act 2018". (3) For section 61C(3)(b) of the Sex Offenders Registration Act 2004 substitute— "(b) subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order within the meaning of the Serious Offenders Act 2018.". (4) For section 70J(1) of the Sex Offenders Registration Act 2004 substitute— "(1) This section applies to a registrable offender who is also subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order within the meaning of the Serious Offenders Act 2018.". (5) In section 70J(2) of the Sex Offenders Registration Act 2004, for "Serious Sex Offenders (Detention and Supervision) Act 2009." substitute "Serious Offenders Act 2018.". -- 295 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 283 Authorised by the Chief Parliamentary Counsel 366 Surveillance Devices Act 1999 For section 8(2)(aa) of the Surveillance Devices Act 1999 substitute— "(aa) the installation, use or maintenance of a tracking device in accordance with an order made under the Serious Offenders Act 2018; or". 367 Supreme Court Act 1986 (1) In section 11(9)(b) of the Supreme Court Act 1986, for "Serious Sex Offenders (Detention and Supervision) Act 2009." substitute "Serious Offenders Act 2018.". (2) In section 14A(2)(b) of the Supreme Court Act 1986, for "Serious Sex Offenders (Detention and Supervision) Act 2009;" substitute "Serious Offenders Act 2018;". (3) In section 14D(4)(b) of the Supreme Court Act 1986, for "Serious Sex Offenders (Detention and Supervision) Act 2009." substitute "Serious Offenders Act 2018.". 368 Transport (Compliance and Miscellaneous) Act 1983 In section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983, for paragraph (cia) of the definition of category 2 offence substitute— "(cia) an offence against the Serious Offenders Act 2018 (other than section 277 or 281); or". -- 296 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 284 Authorised by the Chief Parliamentary Counsel 369 Working with Children Act 2005 (1) In section 3(1) of the Working with Children Act 2005— (a) in the definition of detention order, for "Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "Serious Offenders Act 2018"; (b) insert the following definition— "emergency detention order means an emergency detention order within the meaning of the Serious Offenders Act 2018;"; (c) in the definition of supervision order, for "Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "Serious Offenders Act 2018". (2) After section 12(1)(c) of the Working with Children Act 2005 insert— "(ca) who is subject to an emergency detention order; or". (3) After section 20(2)(da) of the Working with Children Act 2005 insert— "(db) the person becoming subject to an emergency detention order; or". (4) For clause 6(c) of Schedule 2 to the Working with Children Act 2005 substitute— "(c) against the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182, 186 or 189(1A)); or (ca) against the Serious Offenders Act 2018 (other than section 277, 281 or 284); or". -- 297 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 285 Authorised by the Chief Parliamentary Counsel (5) For clause 6(d) of Schedule 2 to the Working with Children Act 2005 substitute— "(d) under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against— (i) section 46 or 47 of the Sex Offenders Registration Act 2004 or Part 5 of that Act (other than section 70); or (ii) the Serious Sex Offenders Monitoring Act 2005 (other than section 42(3)); or (iii) the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182, 186 or 189(1A)); or (iv) the Serious Offenders Act 2018 (other than section 277, 281 or 284).". (6) For clause 2.5(c) of Schedule 3 to the Working with Children Act 2005 substitute— "(c) against the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182, 186 or 189(1A)); or (ca) against the Serious Offenders Act 2018 (other than section 277, 281 or 284); or". (7) For clause 2.5(d) of Schedule 3 to the Working with Children Act 2005 substitute— "(d) under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against— (i) section 46 or 47 of the Sex Offenders Registration Act 2004 or Part 5 of that Act (other than section 70); or (ii) the Serious Sex Offenders Monitoring Act 2005 (other than section 42(3)); or -- 298 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 286 Authorised by the Chief Parliamentary Counsel (iii) the Serious Sex Offenders (Detention and Supervision) Act 2009 (other than section 182, 186 or 189(1A)); or (iv) the Serious Offenders Act 2018 (other than section 277, 281 or 284).". 370 Wrongs Act 1958 In section 28LAE(1) of the Wrongs Act 1958— (a) in paragraph (a)(iii), for "2009; and" substitute "2009; or"; (b) after paragraph (a)(iii) insert— "(iv) a detention order, interim detention order or an emergency detention order within the meaning of the Serious Offenders Act 2018; and". 371 Victims' Charter Act 2006 (1) In section 3(1) of the Victims' Charter Act 2006— (a) for the definition of detention order substitute— "detention order means a detention order or an interim detention order within the meaning of the Serious Offenders Act 2018;"; (b) insert the following definition— "emergency detention order means an emergency detention order within the meaning of the Serious Offenders Act 2018;"; -- 299 of 326 -- Part 24—Consequential amendment of other Acts Serious Offenders Act 2018 No. 27 of 2018 287 Authorised by the Chief Parliamentary Counsel (c) for the definition of Post Sentence Authority substitute— "Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;". (d) in the definition of supervision order, for "Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "Serious Offenders Act 2018". (2) In section 17(4) of the Victims' Charter Act 2006, for "a supervision order or a detention order." substitute "a supervision order, detention order or an emergency detention order". (3) In the note at the foot of section 17(4) of the Victims' Charter Act 2006, for "sections 129 and 130 of the Serious Sex Offenders (Detention and Supervision) Act 2009" substitute "sections 153 and 154 of the Serious Offenders Act 2018". 372 Repeal of amending Part This Part is repealed on 25 March 2020. Note The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). -- 300 of 326 -- Schedule 1—Serious sex offences Serious Offenders Act 2018 No. 27 of 2018 288 Authorised by the Chief Parliamentary Counsel Schedule 1—Serious sex offences 1 An offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958 that involves sexual penetration. 2 An offence against section 40(1) (sexual assault), or section 41(1) (sexual assault by compelling sexual touching), of the Crimes Act 1958. 3 An offence against section 42(1) (assault with intent to commit a sexual offence), or section 43(1) (threat to commit a sexual offence), of the Crimes Act 1958. 4 An offence against section 44(1) of the Crimes Act 1958 (procuring sexual act by threat). 5 An offence against section 44(3) of the Crimes Act 1958 (incest by sexual penetration of a parent, step-parent or lineal ancestor) as in force immediately before the commencement of section 16 of the Crimes Amendment (Sexual Offences) Act 2016, if the offender was convicted and sentenced to imprisonment for that offence before that commencement. 6 An offence against section 44(4) of the Crimes Act 1958 (incest by sexual penetration of a sibling or half-sibling) as in force immediately before the commencement of section 16 of the Crimes Amendment (Sexual Offences) Act 2016, if the offender was convicted and sentenced to imprisonment for that offence before that commencement. 7 An offence against section 45(1) of the Crimes Act 1958 (procuring sexual act by fraud). 8 An offence against section 46(1) of the Crimes Act 1958 (administration of an intoxicating substance for a sexual purpose). 9 An offence against section 47(1) of the Crimes Act 1958 (abduction or detention for a sexual purpose). 10 An offence against section 49D(1) of the Crimes Act 1958 (sexual assault of a child under the age of 16). -- 301 of 326 -- Schedule 1—Serious sex offences Serious Offenders Act 2018 No. 27 of 2018 289 Authorised by the Chief Parliamentary Counsel 11 An offence against section 49E(1) of the Crimes Act 1958 (sexual assault of a child aged 16 or 17 under care, supervision or authority). 12 An offence against section 49F(1) of the Crimes Act 1958 (sexual activity in the presence of a child under the age of 16). 13 An offence against section 49G(1) of the Crimes Act 1958 (sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority). 14 An offence against section 49H(1) of the Crimes Act 1958 (causing a child under the age of 16 to be present during sexual activity). 15 An offence against section 49I(1) of the Crimes Act 1958 (causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity). 16 An offence against section 49J(1) of the Crimes Act 1958 (persistent sexual abuse of a child under the age of 16). 17 An offence against section 49K(1) of the Crimes Act 1958 (encouraging a child under the age of 16 to engage in, or be involved in, sexual activity). 18 An offence against section 49L(1) of the Crimes Act 1958 (encouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity). 19 An offence against section 49M(1) of the Crimes Act 1958 (grooming for sexual conduct with a child under the age of 16). 20 An offence against section 49N(1) of the Crimes Act 1958 (loitering near schools etc. by sexual offender). 21 An offence against section 49P(1) of the Crimes Act 1958 (abduction or detention of a child under the age of 16 for a sexual purpose). -- 302 of 326 -- Schedule 1—Serious sex offences Serious Offenders Act 2018 No. 27 of 2018 290 Authorised by the Chief Parliamentary Counsel 22 An offence against section 49Q(1) of the Crimes Act 1958 (causing or allowing a sexual performance involving a child). 23 An offence against section 49R(1) of the Crimes Act 1958 (inviting or offering a sexual performance involving a child). 24 An offence against section 49S(1) of the Crimes Act 1958 (facilitating a sexual offence against a child). 25 An offence against section 51B(1) of the Crimes Act 1958 (involving a child in the production of child abuse material). 26 An offence against section 51C(1) of the Crimes Act 1958 (producing child abuse material). 27 An offence against section 51D(1) of the Crimes Act 1958 (distributing child abuse material). 28 An offence against section 51E(1) of the Crimes Act 1958 (administering a website used to deal with child abuse material). 29 An offence against section 51F(1) of the Crimes Act 1958 (encouraging use of a website to deal with child abuse material). 30 An offence against section 51G(1) of the Crimes Act 1958 (possession of child abuse material). 31 An offence against section 51H(1) of the Crimes Act 1958 (accessing child abuse material). 32 An offence against section 51I(1) of the Crimes Act 1958 (assisting a person to avoid apprehension). 33 An offence against section 52C(1) of the Crimes Act 1958 (sexual assault of a person with a cognitive impairment or mental illness). 34 An offence against section 52D(1) of the Crimes Act 1958 (sexual activity in the presence of a person with a cognitive impairment or mental illness). -- 303 of 326 -- Schedule 1—Serious sex offences Serious Offenders Act 2018 No. 27 of 2018 291 Authorised by the Chief Parliamentary Counsel 35 An offence against section 52E(1) of the Crimes Act 1958 (causing a person with a cognitive impairment or mental illness to be present during sexual activity). 36 An offence against section 53B(1) of the Crimes Act 1958 (using force, threat etc. to cause another person to provide commercial sexual services). 37 An offence against section 53C(1) of the Crimes Act 1958 (causing another person to provide commercial sexual services in circumstances involving sexual servitude). 38 An offence against section 53D(1) of the Crimes Act 1958 (conducting a business in circumstances involving sexual servitude). 39 An offence against section 53E(1) of the Crimes Act 1958 (aggravated sexual servitude). 40 An offence against section 53F(1) of the Crimes Act 1958 (deceptive recruiting for commercial sexual services). 41 An offence against section 53G(1) of the Crimes Act 1958 (aggravated deceptive recruiting for commercial sexual services). 42 An offence against section 54A(1) of the Crimes Act 1958 (bestiality). 43 An offence against section 60B(2) of the Crimes Act 1958 (loitering near schools etc.) inserted in the Crimes Act 1958 on 21 December 1993 by section 10 of the Crimes (Amendment) Act 1993 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016. 44 An offence against section 76 of the Crimes Act 1958 (burglary) where the offender entered a building or part of a building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958. -- 304 of 326 -- Schedule 1—Serious sex offences Serious Offenders Act 2018 No. 27 of 2018 292 Authorised by the Chief Parliamentary Counsel 45 An offence against section 77 of the Crimes Act 1958 (aggravated burglary) in circumstances where the offender entered a building or part of a building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958. 46 An offence against section 77A of the Crimes Act 1958 (home invasion) where the offender entered a home as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958. 47 An offence against section 77B of the Crimes Act 1958 (aggravated home invasion) where the offender entered a home as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958. 48 An offence against section 5(1) of the Sex Work Act 1994 (causing or inducing a child to take part in sex work). 49 An offence against section 6(1) of the Sex Work Act 1994 (obtaining payment for sexual services provided by a child). 50 An offence against section 7(1) of the Sex Work Act 1994 (agreement for provision of sexual services by a child). 51 An offence against section 11(1) of the Sex Work Act 1994 (allowing a child to take part in sex work). 52 An offence against a provision of an Act amended or repealed before the commencement of this Act of which the necessary elements at the time it was committed consisted of elements that constitute any of the offences referred to in items 1 to 51. 53 Without limiting item 52, an offence referred to in paragraph (ab), (ac), (b), (c), (ca), (d) or (e) of clause 1 of Schedule 1 to the Sentencing Act 1991. -- 305 of 326 -- Schedule 1—Serious sex offences Serious Offenders Act 2018 No. 27 of 2018 293 Authorised by the Chief Parliamentary Counsel 54 Without limiting item 52 or 53, an offence referred to in paragraphs (dab) to (dar) of clause 1 of Schedule 1 to the Sentencing Act 1991 that involves sexual penetration. 55 Without limiting item 52, 53 or 54, an offence referred to in paragraphs (iv) to (xviii) of clause 1(a) of Schedule 1 to the Sentencing Act 1991, as in force immediately before its substitution. 56 An offence against section 50BA, 50BB, 50DA or 50DB of the Crimes Act 1914 of the Commonwealth (offences involving sexual intercourse outside Australia with a child under the age of 16) as in force immediately before the commencement of item 1 of Part 1 of Schedule 1 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 of the Commonwealth, if the offender was convicted and sentenced for the offence before that commencement. 57 An offence against section 50BC or 50BD of the Crimes Act 1914 of the Commonwealth, as in force immediately before the commencement of item 1 of Part 1 of Schedule 1 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 of the Commonwealth, if the offender was convicted and sentenced for the offence before that commencement. 58 An offence against section 270.3, 270.5, 270.6, 270.6A or 270.7 of the Criminal Code of the Commonwealth. 59 An offence against section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section. 60 An offence against any of the following sections of the Criminal Code of the Commonwealth— (a) section 272.8(1) or (2) (sexual intercourse with child outside Australia); (b) section 272.11(1) (persistent sexual abuse of child outside Australia); -- 306 of 326 -- Schedule 1—Serious sex offences Serious Offenders Act 2018 No. 27 of 2018 294 Authorised by the Chief Parliamentary Counsel (c) section 272.12(1) or (2) (sexual intercourse with young person outside Australia—defendant in position of trust or authority); (d) section 272.13(1) or (2) (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority); (e) section 272.14(1) (procuring child to engage in sexual activity outside Australia); (f) section 272.15(1) ("grooming" child to engage in sexual activity outside Australia); (g) section 272.18(1) (benefiting from offence against this Division); (h) section 272.19(1) (encouraging offence against this Division); (i) section 272.20(1) or (2) (preparing for or planning an offence against this Division). 61 An offence against any of the following sections of the Criminal Code of the Commonwealth— (a) section 474.19(1) (using a carriage service for child pornography material); (b) section 474.20(1) (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service); (c) section 474.22(1) (using a carriage service for child abuse material); (d) section 474.23(1) (possessing, controlling, producing, supplying or obtaining child abuse material through a carriage service); (e) section 474.24A(1) (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people); -- 307 of 326 -- Schedule 1—Serious sex offences Serious Offenders Act 2018 No. 27 of 2018 295 Authorised by the Chief Parliamentary Counsel (f) section 474.25A(1) or (2) (using a carriage service for sexual activity with person under 16 years of age); (g) section 474.25B(1) (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (h) section 474.26 (using a carriage service to procure person under 16 years of age); (i) section 474.27 (using a carriage service to "groom" person under 16 years of age); (j) section 474.27A(1) (using a carriage service to transmit indecent communication to person under 16 years of age). 62 An offence against section 233BAB of the Customs Act 1901 of the Commonwealth involving items of child pornography or of child abuse material. 63 An offence that, at the time it was committed, was an offence referred to in this Schedule. 64 An offence that is a previous corresponding enactment of an offence referred to in item 55. 65 An offence an element of which is an intention to commit an offence of a kind referred to in this Schedule. 66 An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in this Schedule. 67 Any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute an offence of a kind referred to in this Schedule. -- 308 of 326 -- Schedule 2—Serious violence offences Serious Offenders Act 2018 No. 27 of 2018 296 Authorised by the Chief Parliamentary Counsel Schedule 2—Serious violence offences 1 Murder. 2 Manslaughter (except for an offence against section 318(1) of the Crimes Act 1958 (culpable driving causing death)). 3 An offence against any of the following sections of the Crimes Act 1958— (a) section 5A (child homicide); (b) section 9AD (defensive homicide), inserted by section 6 of the Crimes (Homicide) Act 2005, as in force immediately before the commencement of section 3(3) of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014, if the offender was convicted and sentenced to imprisonment for that offence before that commencement; (c) section 15A (causing serious injury intentionally in circumstances of gross violence); (d) section 15B (causing serious injury recklessly in circumstances of gross violence); (e) section 16 (causing serious injury intentionally); (f) section 17 (causing serious injury recklessly); (g) section 63A (kidnapping); (h) section 197A (arson causing death). 4 An offence at common law of kidnapping. 5 An offence that, at the time it was committed, was an offence referred to in this Schedule. 6 An offence an element of which is an intention to commit an offence of a kind referred to in this Schedule. 7 An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in this Schedule. -- 309 of 326 -- Schedule 2—Serious violence offences Serious Offenders Act 2018 No. 27 of 2018 297 Authorised by the Chief Parliamentary Counsel 8 An offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute an offence of a kind referred to in this Schedule. -- 310 of 326 -- Schedule 3—Additional offences not to be committed as core conditions of supervision order Serious Offenders Act 2018 No. 27 of 2018 298 Authorised by the Chief Parliamentary Counsel Schedule 3—Additional offences not to be committed as core conditions of supervision order 1 An offence against any of the following sections of the Crimes Act 1958— (a) section 18 (causing injury intentionally or recklessly); (b) section 19 (administering certain substances); (c) section 20 (threats to kill); (d) section 21 (threats to inflict serious injury); (e) section 21A (stalking); (f) section 22 (conduct endangering life); (g) section 23 (conduct endangering persons); (h) section 24 (negligently causing serious injury); (i) section 25 (setting traps etc. to kill); (j) section 26 (setting traps etc. to cause serious injury); (k) section 27 (extortion with threat to kill); (l) section 28 (extortion with threat to destroy property etc.); (m) section 29 (using firearm to resist arrest etc.); (n) section 30 (threatening injury to prevent arrest); (o) section 31 (assaults); (p) section 31A (use of firearms in the commission of offences); (q) section 31B (being armed with criminal intent); (r) section 32 (performing female genital mutilation); (s) section 33 (taking person from Victoria with intention of having prohibited female genital mutilation performed); -- 311 of 326 -- Schedule 3—Additional offences not to be committed as core conditions of supervision order Serious Offenders Act 2018 No. 27 of 2018 299 Authorised by the Chief Parliamentary Counsel (t) section 75 (robbery); (u) section 75A (armed robbery); (v) section 76 (burglary); (w) section 77 (aggravated burglary); (x) section 77A (home invasion); (y) section 77B (aggravated home invasion); (z) section 79 (carjacking); (za) section 79A (aggravated carjacking); (zb) section 195H (affray); (zc) section 195I (violent disorder); (zd) section 197 (destroying or damaging property); (ze) section 198 (threats to destroy or damage property); (zf) section 199 (possessing any thing with intent to destroy or damage property); (zg) section 317 (offences connected with explosive substances); (zh) section 317A (bomb hoaxes); (zi) section 318(1) (culpable driving causing death). 2 An offence at common law of false imprisonment. 3 An offence at common law of affray, riot or common assault. 4 An offence against any of the following sections of the Family Violence Protection Act 2008— (a) section 37 (contravention of family violence safety notice); (b) section 37A (contravention of family violence safety notice intending to cause harm or fear for safety); (c) section 123 (contravention of family violence intervention order); -- 312 of 326 -- Schedule 3—Additional offences not to be committed as core conditions of supervision order Serious Offenders Act 2018 No. 27 of 2018 300 Authorised by the Chief Parliamentary Counsel (d) section 123A (contravention of family violence intervention order intending to cause harm or fear for safety); (e) section 125A (persistent contravention of family violence safety notice or family violence intervention order). 5 An offence against section 41DA of the Summary Offences Act 1966 (distribution of intimate image). 6 An offence against section 41DB of the Summary Offences Act 1966 (threat to distribute intimate image). 7 An offence against section 100 (contravention of personal safety intervention order) of the Personal Safety Intervention Orders Act 2010. 8 An offence that, at the time it was committed, was an offence referred to in this Schedule. 9 An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in this Schedule. 10 An offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute an offence of a kind referred to in this Schedule. -- 313 of 326 -- Schedule 4—Savings and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 301 Authorised by the Chief Parliamentary Counsel Schedule 4—Savings and transitional provisions 1 Definitions In this Schedule— commencement day means the day on which section 350 comes into operation; superseded Act means the Serious Sex Offenders (Detention and Supervision) Act 2009 as in force immediately before its repeal. 2 General transitional provisions (1) Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984. (2) This Schedule applies despite anything to the contrary in any other provision of this Act. 3 Eligible offender Subject to clause 4, Section 8 applies irrespective of whether a supervision order, an interim supervision order, a detention order or an interim detention order was made under this Act or the superseded Act. 4 Orders made under superseded Act (1) A supervision order, a detention order or an interim order that was made by a court under the superseded Act and is in force immediately before the commencement day continues in force under the superseded Act until the first of the following to occur— (a) the end of the period of operation of the order; (b) on the revocation of the order by a court under this Act; -- 314 of 326 -- Schedule 4—Savings and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 302 Authorised by the Chief Parliamentary Counsel (c) on the commencement of another order under this Act that replaces the order; (d) on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; (e) on the death of the offender. (2) Subject to subclauses (3), (4) and (5), the superseded Act and regulations made under that Act continue to apply to an order referred to in subclause (1). (3) On and from the commencement day, a supervision order or an interim supervision order referred to in subclause (1) is subject to the core conditions set out in section 31 of this Act. (4) An application for review of an order referred to in subclause (1) or an application for the renewal of an order referred to in subclause (1) is to be made under this Act, including an application for renewal or review of an order made by a court under the superseded Act in respect of an offender who is not an eligible offender under this Act. (5) An application referred to in subclause (4) is to be determined under this Act, including an application made in respect of an offender who is not an eligible offender under this Act. (6) On an application for review or renewal of a supervision order, a detention order or an interim order referred to in subsection (1), if the court decides to confirm the order, or renew the order, as the case requires, the court must make a supervision order, a detention order, an interim supervision order or an interim detention order in respect of the offender. -- 315 of 326 -- Schedule 4—Savings and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 303 Authorised by the Chief Parliamentary Counsel 5 Applications commenced under superseded Act that have not been determined (1) Subject to subclause (2), the superseded Act and regulations made under that Act continue to apply to any of the following applications that were made under the superseded Act but not determined before the commencement day— (a) an application for a supervision order, a detention order or an interim order; (b) an application for the renewal or extension of an order referred to in paragraph (a); (c) an application for the review of an order or a condition of an order referred to in paragraph (a). (2) An order made on an application referred to in subclause (1), or on appeal in respect of such an application, is to be made under this Act. 6 Appeals (1) Subject to subclause (2), the superseded Act and regulations made under that Act continue to apply to an appeal made under Part 7 of the superseded Act but not determined before the commencement day. (2) An order made on an appeal referred to in subclause (1) is to be made under this Act. 7 Appeals—remitted matters A matter remitted by the Court of Appeal under section 101 of the superseded Act on or after the commencement day must be treated by the court to which it is remitted as if it were an application under this Act. -- 316 of 326 -- Schedule 4—Savings and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 304 Authorised by the Chief Parliamentary Counsel 8 Victim submissions A victim submission made under the superseded Act is taken to be a victim submission made under section 134. 9 Warrants On and from the commencement day, a warrant that has been validly issued in accordance with a provision of the superseded Act but has not been executed is taken to have been issued in accordance with the corresponding provision of this Act. 10 Directions and instructions A direction or instruction given by the Authority under the superseded Act that is in force immediately before the commencement day is taken to be a direction given under Part 11. 11 Holding power if imminent risk of contravention of order (1) An offender in detention under Division 3 of Part 11 of the superseded Act on the commencement day is taken to be in detention under Division 1 of Part 12 of this Act. (2) For the purposes of section 159 of this Act, detention is taken to have commenced when the offender was detained under the superseded Act. 12 Proceeding for contravention offence (1) This Act applies to a criminal proceeding for an offence against section 169 commenced on or after the commencement day, irrespective of when the offence is alleged to have been committed. (2) Subject to this Schedule, the superseded Act continues to apply to a criminal proceeding commenced under section 172 of that Act before the commencement day, for an offence against -- 317 of 326 -- Schedule 4—Savings and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 305 Authorised by the Chief Parliamentary Counsel section 160 of that Act, as if that Act had not been repealed. (3) Division 3 of Part 12 of this Act applies to a failure to comply with a condition of an order continued in force by clause 4 as if the failure to comply were a contravention of a condition of an order referred to in section 169 of this Act. 13 Appointment of residential facility An appointment of a residential facility under section 133 of the superseded Act is taken to be an appointment under section 178 of this Act and may be amended or revoked as if it were an appointment under section 178. 14 Approval of drug and alcohol test procedures An approval of test procedures under section 157 of the superseded Act is taken to be an approval under section 214 of this Act and may be amended or revoked as if it were an approval under section 214. 15 Change of name (1) A change of name application under Part 12 of the superseded Act that has not been approved before the commencement day lapses. (2) On and from the commencement day an offender who is subject to a supervision order or an interim supervision order under the superseded Act may make an application under Part 17 as if the offender were subject to a supervision order or an interim supervision order under this Act. 16 Membership of Authority (1) A member of the Authority holding office immediately before the commencement day continues to hold office after that commencement on the same terms and conditions and for the -- 318 of 326 -- Schedule 4—Savings and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 306 Authorised by the Chief Parliamentary Counsel remainder of the term specified in the instrument of appointment of the member. (2) Despite subclause (1), if immediately before the commencement day a person holds an acting appointment under section 192H of the superseded Act, the person continues on and from the commencement day to hold that office on an acting basis until the expiry of the acting appointment. 17 Notices to produce or attend On and from the commencement day, a notice to produce or a notice to attend served under Part 13A of the superseded Act is taken to be a notice to produce or a notice to attend, as the case requires, served under Division 2 of Part 20 of this Act. 18 Responsible agencies and coordinated services plans (1) On and from the commencement day, a panel established under section 192ZH of the superseded Act is taken to be a panel under section 330 of this Act. (2) A coordinated services plan agreed under Part 13B of the superseded Act that is in effect immediately before the commencement day is taken, on and from the commencement day, to be a coordinated services plan under Part 21 of this Act. 19 Corrections Act 1986—new section 130 inserted At the end of Part 11 of the Corrections Act 1986 insert— "130 Transitional provisions—Serious Offenders Act 2018 (1) Despite the amendment of the definition of sexual offence in section 3(1) by section 355 of the Serious Offenders Act 2018— -- 319 of 326 -- Schedule 4—Savings and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 307 Authorised by the Chief Parliamentary Counsel (a) the definitions of sexual offence in section 3(1) and the references to that definition in section 74AAB(2), (3), (5) and (7), as in force immediately before the commencement day, continue to apply to— (i) prisoners who, on the commencement day, are serving a sentence of imprisonment in respect of an offence referred to in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009; and (ii) prisoners who, on the commencement day, are on parole after having been released under section 74, in accordance with the requirements of section 74AAB, in respect of an offence referred to in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009. (b) the definitions of sexual offence in section 3(1) and the references to that definition in section 77(3) and (6), as in force immediately before the commencement day, continue to apply, as the case requires, to prisoners who, on the commencement day, are on parole after having been released under section 74, in accordance with the requirements of section 74AAB, in respect of an offence referred to in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009. -- 320 of 326 -- Schedule 4—Savings and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 308 Authorised by the Chief Parliamentary Counsel (2) Despite the amendment of this Act by section 355 of the Serious Offenders Act 2018— (a) a person who, before the commencement day, would have been a person who was a victim within the meaning of section 30A(1) is taken to be a victim within the meaning of section 30A(1); and (b) a person who was included on the victims register under section 30C immediately before the commencement day remains on the victims register, on and from the commencement day, as if the person was a victim within the meaning of section 30A(1). (3) In this section— commencement day means the day on which section 355 of the Serious Offenders Act 2018 comes into operation.". 20 Disability Act 2006—new Division 3 inserted in Part 10 After section 234 of the Disability Act 2006 insert— "Division 3—Transitional provisions— Serious Offenders Act 2018 235 Saving of orders continued in effect after commencement by Serious Offenders Act 2018 (1) Despite the amendment of section 152(2)(f) by section 358 of the Serious Offenders Act 2018, section 152(2)(f) has effect, on and after the commencement day, as if a reference in that section to a supervision -- 321 of 326 -- Schedule 4—Savings and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 309 Authorised by the Chief Parliamentary Counsel order or an interim supervision order within the meaning of the Serious Offenders Act 2018 included a reference to a to a supervision order or an interim supervision order that is continued in force by subclause 4(1) of Schedule 4 to the Serious Offenders Act 2018. (2) In this section— commencement day means the day on which section 358 of the Serious Offenders Act 2018 comes into operation.". 21 Sentencing Act 1991—new Schedule 3A inserted After Schedule 3 to the Sentencing Act 2006 insert— "Schedule 3A—Transitional provisions—Serious Offenders Act 2018 1 Saving of orders continued in effect after commencement by Serious Offenders Act 2018 (1) Despite the amendment of section 10AB by section 364 of the Serious Offenders Act 2018, section 10AB has effect, on and after the commencement day, as if a reference in that section to a supervision order or an interim supervision order within the meaning of the Serious Offenders Act 2018 included a reference to a to a supervision order or an interim supervision order that is continued in force by subclause 4(1) of Schedule 4 to the Serious Offenders Act 2018. (2) In this clause— commencement day means the day on which section 364 of the Serious Offenders Act 2018 comes into operation.". -- 322 of 326 -- Schedule 4—Savings and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 310 Authorised by the Chief Parliamentary Counsel 22 Sex Offenders Registration Act 2004—new section 73J inserted After section 73I of the Sex Offenders Registration Act 2004 insert— "73J Saving of orders continued in effect after commencement by Serious Offenders Act 2018 (1) Despite the amendment of section 61C(3)(b) and section 70J by section 365 of the Serious Offenders Act 2018, sections 61C(3)(b) and 70J have effect, on and after the commencement day, as if a reference in those sections to a supervision order, detention order or an interim order within the meaning of the Serious Offenders Act 2018 included a reference to a supervision order, detention order or interim order that is continued in force by subclause 4(1) of Schedule 4 to the Serious Offenders Act 2018. (2) In this section— commencement day means the day on which section 365 of the Serious Offenders Act 2018 comes into operation.". 23 Surveillance Devices Act 1999—new section inserted After section 44 of the Surveillance Devices Act 1999 insert— "44A Transtional provisions—Serious Offenders Act 2018 (1) Despite the amendment of section 8(2)(aa) by 366 of the Serious Offenders Act 2018, section 8(2)(aa) has effect, on and after the commencement day, as if a reference in that section to an order made under the Serious Offenders Act 2018 included a reference to -- 323 of 326 -- Schedule 4—Savings and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 311 Authorised by the Chief Parliamentary Counsel a supervision order, detention order or interim order that is continued in force by subclause 4(1) of Schedule 4 to the Serious Offenders Act 2018. (2) In this section— commencement day means the day on which section 366 of the Serious Offenders Act 2018 comes into operation. 24 Wrongs Act 1958—new section 94 inserted After section 93 of the Wrongs Act 1958 insert— "Part XIV—Transitional Provision 94 Saving of orders continued in effect after commencement by Serious Offenders Act 2018 (1) Despite the amendment of section 28LAE(1) by section 370 of the Serious Offenders Act 2018, section 28LAE(1)(a)(iv) has effect, on and after the commencement day, as if a reference in that section to a detention order or interim detention order within the meaning of the Serious Offenders Act 2018 included a reference to a detention order or an interim detention order that is continued in force by subclause 4(1) of Schedule 4 to the Serious Offenders Act 2018. (2) In this section— commencement day means the day on which section 370 of the Serious Offenders Act 2018 comes into operation.". -- 324 of 326 -- Schedule 4—Savings and transitional provisions Serious Offenders Act 2018 No. 27 of 2018 312 Authorised by the Chief Parliamentary Counsel 25 Transitional regulations (1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act. (2) Regulations under this clause have effect despite anything to the contrary in this Act (other than this Schedule). ═════════════ -- 325 of 326 -- Endnotes Serious Offenders Act 2018 No. 27 of 2018 313 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 9 May 2018 Legislative Council: 24 May 2018 The long title for the Bill for this Act was "A Bill for an Act to provide for enhanced protection of the community by requiring offenders who have served custodial sentences for certain serious sex offences or certain serious violence offences and who present an unacceptable risk of harm to the community to be subject to ongoing detention or supervision, to repeal the Serious Sex Offenders (Detention and Supervision) Act 2009, to consequentially amend other Acts and for other purposes." -- 326 of 326 --