Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act 2015
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Serious Sex Offenders (Detention and Supervision)
and Other Acts Amendment Act 2015
No. 52 of 2015
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2—Amendment of Serious Sex Offenders (Detention and
Supervision) Act 2009 3
Division 1—Management of offenders and police officer powers 3
3 Definitions 3
4 New Divisions 6, 7 and 8 of Part 10 inserted 3
5 New sections 171A to 171C inserted 7
6 Core conditions of supervision order 8
7 Suggested conditions 8
8 Condition authorising Adult Parole Board to give directions 9
9 Decision on supervision order—general 11
10 Power of court on review 12
11 Duties of supervision officers 12
12 Supervision officer may give instructions 12
13 Visitors 12
14 Visitors to give certain information 13
15 Search 13
16 Seizure 13
17 Register of seized things 14
18 Supervision officers may use force to enforce instructions in
certain circumstances 14
19 Community corrections officers to be subject to direction 15
20 Community corrections officer may give instructions 16
21 Search 16
22 Seizure 16
23 Register of seized things 16
24 Heading to Division 5 of Part 10 amended 17
25 Definition 17
26 New section 199A inserted 17
27 New Schedule 3 inserted 17
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Division 2—General 18
28 Purposes and outline 18
29 Definitions 18
30 When may a court make a supervision order? 19
31 Effect of custodial sentence on time for review 19
32 Functions of Adult Parole Board 19
33 Proceedings for offence 19
34 Sharing of information 20
35 Guidelines for disclosure 22
36 Disclosure of information to responsible persons 22
37 Delegation by Secretary 22
38 Delegation by Commissioner 22
39 Schedule 1 23
Part 3—Amendment of Bail Act 1977 26
40 Accused held in custody entitled to bail 26
41 Transitional provisions 26
Part 4—Amendment of other Acts 27
Division 1—Corrections Act 1986 27
42 Reports 27
43 Release on parole after service of non-parole period 27
44 Definitions—Part 9B 27
45 Officers may use force to enforce directions in certain
circumstances 27
Division 2—Sentencing Act 1991 29
46 Monitoring of offender 29
Division 3—Sex Offenders Registration Act 2004 29
47 Schedule 2 29
48 Schedule 4 29
Part 5—Repeal of amending Act 30
49 Repeal of amending Act 30
═══════════════
Endnotes 31
1 General information 31
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Serious Sex Offenders (Detention and
Supervision) and Other Acts
Amendment Act 2015 †
No. 52 of 2015
[Assented to 13 October 2015]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to amend the Serious Sex Offenders
(Detention and Supervision) Act 2009—
(i) to provide for new police powers in
relation to offenders; and
Victoria
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Part 1—Preliminary
Serious Sex Offenders (Detention and Supervision) and Other Acts
Amendment Act 2015
No. 52 of 2015
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(ii) to further provide for the management
of offenders; and
(iii) to generally improve the operation and
enforcement of that Act; and
(b) to amend the Bail Act 1977 to require, in
proceedings with respect to bail, certain
accused persons to show cause why their
detention in custody is not justified; and
(c) to amend the Corrections Act 1986 and the
Sentencing Act 1991 to further provide for
the management of prisoners and offenders;
and
(d) to clarify certain class 2 and class 4 offences
under the Sex Offenders Registration
Act 2004.
2 Commencement
(1) This Act, other than Division 1 of Part 2 and
sections 42, 44 and 45, comes into operation on
the day after the day on which it receives the
Royal Assent.
(2) Division 1 of Part 2 and sections 42, 44 and 45
come into operation on a day to be proclaimed.
(3) If Division 1 of Part 2 and sections 42, 44 and 45
do not come into operation before 1 September
2016, Division 1 of Part 2 and sections 42, 44
and 45 come into operation on that day.
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Amendment Act 2015
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Part 2—Amendment of Serious Sex
Offenders (Detention and Supervision)
Act 2009
Division 1—Management of offenders and police
officer powers
3 Definitions
In section 3 of the Serious Sex Offenders
(Detention and Supervision) Act 2009 insert the
following definitions—
"authorised instrument of restraint means an
instrument, or a type of instrument, that is
approved under section 55D of the
Corrections Act 1986;
prison officer has the same meaning as it has in
the Corrections Act 1986;
specified officer means a prison officer, or a
prison officer in a class of prison officers,
directed by the Secretary under section 158F
to act as a specified officer;".
4 New Divisions 6, 7 and 8 of Part 10 inserted
After Division 5 of Part 10 of the Serious Sex
Offenders (Detention and Supervision) Act
2009 insert—
"Division 6—Alcohol and drug testing of
offenders by police officers
158A Application of Division
This Division applies if a supervision order
contains—
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(a) a condition requiring an offender to
submit to breath testing, urinalysis or
other test procedures for detecting
alcohol or drug use; and
(b) a condition directing the offender to
reside at a location other than a
residential facility.
158B Offender to submit to testing
(1) At the direction of a police officer, the
offender must submit to breath testing,
urinalysis or other test procedures approved
by the Chief Commissioner of Police for
detecting alcohol or drug use.
(2) The police officer may only give a direction
under this section if the police officer has
reasonable grounds to suspect that the
offender has breached a condition of the
supervision order by consuming alcohol or
drugs.
Division 7—Powers of entry by police
officers to monitor compliance
158C Powers of entry by police officer to
monitor compliance
(1) A police officer may enter any premises
where an offender is residing if—
(a) the police officer reasonably suspects
that the offender is present at the
premises; and
(b) the entry is reasonably necessary to
monitor the offender's compliance with
a supervision order or interim
supervision order.
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(2) If necessary, a police officer may use
reasonable force to enter premises under
subsection (1).
158D Announcement before entry
(1) Subject to subsection (2), a police officer
exercising a power of entry under
section 158C—
(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.
158E Report to DSO division of Adult Parole
Board
(1) The Chief Commissioner of Police must
advise the Secretary in writing of the
exercise of any power of entry under
section 158C.
(2) The Secretary must report to the DSO
division of the Adult Parole Board any
exercise of a power of entry under
section 158C.
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Division 8—Specified officers
158F Specified officers
(1) The Secretary may direct a prison officer
who is a community corrections officer to act
as a specified officer.
(2) The Secretary may direct a prison officer in a
class of prison officers who are community
corrections officers to act as a specified
officer.
(3) In performing a function under Division 4
or 5 of this Part, a specified officer may—
(a) direct an offender to do or not to do
anything that the specified officer
believes on reasonable grounds is
necessary for the safety of—
(i) the specified officer; or
(ii) the offender; or
(iii) any other person; and
(b) use reasonable force to compel an
offender to obey a direction if the
specified officer believes on reasonable
grounds that the use of force is
necessary to prevent the specified
officer, the offender or any other person
being killed or seriously injured; and
(c) apply an authorised instrument of
restraint to an offender if the specified
officer believes on reasonable grounds
that the application of the instrument of
restraint is necessary to prevent the
offender or another person being killed
or seriously injured.".
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5 New sections 171A to 171C inserted
After section 171 of the Serious Sex Offenders
(Detention and Supervision) Act 2009 insert—
"171A Powers of entry and search by police
officer to arrest offender
(1) For the purpose of arresting an offender
under section 171, 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.
(2) If necessary, a police officer may use
reasonable force to enter premises under
subsection (1).
171B Announcement before entry
(1) Subject to subsection (2), a police officer
exercising a power of entry under
section 171A—
(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 prevention of a continuation
of the breach of a condition of a
supervision order or interim supervision
order is not frustrated; or
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(c) that the arrest in relation to the breach
of a condition of a supervision order or
interim supervision order is not
frustrated.
171C Report to DSO division of Adult Parole
Board
(1) The Chief Commissioner of Police must
advise the Secretary in writing of the
exercise of any power of entry under
section 171A.
(2) The Secretary must report to the DSO
division of the Adult Parole Board any
exercise of a power of entry under
section 171A.".
6 Core conditions of supervision order
For section 16(2)(g) of the Serious Sex Offenders
(Detention and Supervision) Act 2009
substitute—
"(g) if the court requires an offender to reside at a
residential facility, obey all instructions
given by a supervision officer or a specified
officer under section 137;".
7 Suggested conditions
(1) In section 17(1)(h) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"approved by the Secretary" insert "or the Chief
Commissioner of Police".
(2) After section 17(1) of the Serious Sex Offenders
(Detention and Supervision) Act 2009 insert—
"(1A) If the court imposes a condition of a kind
referred to in subsection (1)(m) requiring the
offender to submit to electronic monitoring
of the offender's compliance with the
supervision order, the court must also impose
the following conditions—
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(a) the offender must comply with any
direction given by the Board 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 Board;
(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 place where the
offender resides, 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 supervision
order.".
(3) In section 17(2) of the Serious Sex
Offenders (Detention and Supervision)
Act 2009, after "Subject to" insert
"subsection (1A) and".
8 Condition authorising Adult Parole Board to give
directions
(1) For section 20(1)(c) of the Serious Sex Offenders
(Detention and Supervision) Act 2009
substitute—
"(c) if the court has imposed a condition under
paragraph (b) authorising the Adult Parole
Board to give a direction that an offender is
to reside at a residential facility, a power to
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impose a condition authorising the Board to
give directions relating to any of the
following—
(i) the times at which the offender must be
at the residential facility;
(ii) the conditions under which the offender
may leave the residential facility;
(iii) the monitoring (including electronic
monitoring) of the offender's
compliance with a direction that the
offender reside at the residential
facility.".
(2) After section 20(1) of the Serious Sex Offenders
(Detention and Supervision) Act 2009 insert—
"(1A) If the Adult Parole Board gives a direction
authorised by a condition of a kind referred
to in subsection (1)(c)(iii) relating to
electronic monitoring, the Board must also
give the following directions—
(a) the offender must comply with any
direction given by the Board 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 Board;
(c) the offender must not tamper with,
damage, disable or remove any
electronic monitoring device or
equipment used for the electronic
monitoring;
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(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.".
9 Decision on supervision order—general
(1) In section 73(6) and (8) of the Serious Sex
Offenders (Detention and Supervision) Act
2009, for "subsection (9)" substitute
"subsections (9) and (9A)".
(2) For section 73(9) of the Serious Sex Offenders
(Detention and Supervision) Act 2009
substitute—
"(9) The court may—
(a) vary, add or remove any conditions of a
supervision order; or
(b) direct a different period for the period
between applications for review.
(9A) If the court confirms the supervision order,
the court must ensure that the conditions on
the order are in accordance with the
requirements of sections 16 and 17 as in
force at the time at which the order is
confirmed and make any variations and
additions to the conditions that are necessary
for this purpose.".
(3) In section 73(10) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, for
"subsection (9)" substitute "subsections (9)
and (9A)".
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10 Power of court on review
After section 78(3) of the Serious Sex Offenders
(Detention and Supervision) Act 2009 insert—
"(3A) If the court confirms a condition of a
supervision order, the court must ensure that
the conditions of the order are in accordance
with the requirements of sections 16 and 17
as in force at the time the court confirms the
condition and make any variations and
additions to the conditions that are necessary
for this purpose.".
11 Duties of supervision officers
(1) In the heading to section 136 of the Serious Sex
Offenders (Detention and Supervision)
Act 2009, after "supervision officers" insert
"and specified officers".
(2) In section 136(1) and (3) of the Serious Sex
Offenders (Detention and Supervision)
Act 2009, after "supervision officer" insert
"or a specified officer".
12 Supervision officer may give instructions
(1) In the heading to section 137 of the Serious Sex
Offenders (Detention and Supervision)
Act 2009 for "Supervision officer" substitute
"Officers".
(2) In section 137(1) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"supervision officer" insert "or a specified officer
(as the case requires)".
13 Visitors
In section 139(2) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"supervision officer" insert "or specified officer".
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14 Visitors to give certain information
(1) In section 141(1) of the Serious Sex Offenders
(Detention and Supervision) Act 2009—
(a) after "A supervision officer" insert
"or specified officer";
(b) for "the supervision officer" substitute
"the officer".
(2) In section 141(2), (4) and (5) of the Serious Sex
Offenders (Detention and Supervision) Act
2009, after "supervision officer" (wherever
occurring) insert "or specified officer".
15 Search
(1) In section 142(2) of the Serious Sex Offenders
(Detention and Supervision) Act 2009—
(a) after "order a supervision officer" insert
"or a specified officer";
(b) in paragraph (b), after "supervision officer,"
insert "a specified officer,".
(2) In section 142(6) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, for
"supervision officer or" substitute "supervision
officer, a specified officer or".
(3) In section 142(7) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"supervision officer" insert "or a specified
officer".
16 Seizure
In section 143 of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"supervision officer" (wherever occurring) insert
"or specified officer".
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17 Register of seized things
(1) In section 144(2)(e) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"supervision officer" insert "or specified officer".
(2) In section 144(3) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"supervision officer" insert "or a specified
officer".
18 Supervision officers may use force to enforce
instructions in certain circumstances
(1) In the heading to section 146 of the Serious Sex
Offenders (Detention and Supervision)
Act 2009, for "Supervision officers" substitute
"Officers".
(2) In section 146(1) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"supervision officer" insert "or a specified
officer".
(3) After section 146(1) of the Serious Sex
Offenders (Detention and Supervision) Act
2009 insert—
"(1A) 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 the application of the
instrument of restraint is necessary to
prevent the offender or another person being
killed or seriously injured.".
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(4) In section 146(2) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"supervision officer" insert "or a specified
officer".
(5) After section 146(2) of the Serious Sex
Offenders (Detention and Supervision) Act
2009 insert—
"(2A) If a specified officer applies an authorised
instrument of restraint to compel an offender
to obey an instruction, the specified officer
must report that fact to the officer in charge
of the residential facility as soon as
possible.".
(6) In section 146(3) of the Serious Sex Offenders
(Detention and Supervision) Act 2009—
(a) after "use of force" insert "or application of
an authorised instrument of restraint";
(b) after "supervision officer" insert "or a
specified officer".
19 Community corrections officers to be subject to
direction
(1) In the heading to section 150 of the Serious Sex
Offenders (Detention and Supervision) Act
2009, for "Community corrections officers"
substitute "Officers".
(2) At the end of section 150 of the Serious Sex
Offenders (Detention and Supervision)
Act 2009 insert—
"(2) A specified officer who assists in the
management of the offender is subject to the
direction of the Commissioner.".
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20 Community corrections officer may give
instructions
(1) In the heading to section 151 of the Serious Sex
Offenders (Detention and Supervision) Act
2009, for "Community corrections officer"
substitute "Officer".
(2) In section 151 of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"a community corrections officer" insert
"or a specified officer".
21 Search
In section 152(2) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"community corrections officer" insert
"or a specified officer".
22 Seizure
In section 153 of the Serious Sex Offenders
(Detention and Supervision) Act 2009—
(a) after "a community corrections officer"
insert "or a specified officer (as the case
requires)";
(b) for "which the community corrections
officer" substitute "which the officer".
23 Register of seized things
(1) In section 154(2)(e) of the Serious Sex
Offenders (Detention and Supervision) Act
2009, after "community corrections officer"
insert "or specified officer".
(2) In section 154(3) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"community corrections officer" insert
"or specified officer".
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24 Heading to Division 5 of Part 10 amended
For the heading to Division 5 of Part 10 of the
Serious Sex Offenders (Detention and
Supervision) Act 2009 substitute—
"Division 5—Alcohol and drug testing of
offenders by supervision officers,
community corrections officers or
specified officers".
25 Definition
In section 154A of the Serious Sex Offenders
(Detention and Supervision) Act 2009, in
paragraph (b) of the definition of relevant officer,
after "a community corrections officer" insert
"or a specified officer".
26 New section 199A inserted
After section 199 of the Serious Sex Offenders
(Detention and Supervision) Act 2009 insert—
"199A Further transitional provisions
Schedule 3 has effect.".
27 New Schedule 3 inserted
After Schedule 2 to the Serious Sex Offenders
(Detention and Supervision) Act 2009 insert—
"Schedule 3—Further transitional
provisions
1 Serious Sex Offenders (Detention and
Supervision) and Other Acts Amendment
Act 2015
(1) This Act, as amended by Division 1 of Part 2
of the Serious Sex Offenders (Detention
and Supervision) and Other Acts
Amendment Act 2015, applies to a
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supervision order or interim supervision
order in force immediately before the
commencement of that Division if, after that
commencement—
(a) the order is renewed; or
(b) the order is reviewed; or
(c) a condition to which the order is subject
is reviewed.
(2) On and after the day on which Division 1 of
Part 2 of the Serious Sex Offenders
(Detention and Supervision) and Other
Acts Amendment Act 2015 comes into
operation, a direction given by the Adult
Parole Board that is authorised by a
condition of a kind referred to in
section 20(1)(c) relating to electronic
monitoring that is in effect immediately
before that day is taken to include the
directions set out in section 20(1A).".
Division 2—General
28 Purposes and outline
In section 1(3)(c) and (3)(d) of the Serious Sex
Offenders (Detention and Supervision) Act
2009, for "Department of Justice" substitute
"Department of Justice and Regulation".
29 Definitions
(1) In section 3 of the Serious Sex Offenders
(Detention and Supervision) Act 2009, for
paragraph (c) of the definition of custodial
sentence substitute—
"(c) an order made by a court sentencing an
offender to be detained in a youth justice
centre in respect of an offence, to the extent
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that the offender serves any part of that
sentence in a prison or prison gaol; or".
(2) In section 3 of the Serious Sex Offenders
(Detention and Supervision) Act 2009, in the
definition of Department, for "Department of
Justice" substitute "Department of Justice and
Regulation".
30 When may a court make a supervision order?
In section 9(3) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, for
"must take into account" substitute "must have
regard to".
31 Effect of custodial sentence on time for review
(1) In section 75(2) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, for
"the offender's release on parole" substitute
"the offender is released on parole or from
remand".
(2) In section 75(3) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
"parole is not granted" insert "or the offender is
ordered to serve a custodial sentence,".
32 Functions of Adult Parole Board
At the foot of section 118 of the Serious Sex
Offenders (Detention and Supervision) Act
2009 insert—
"Example
In relation to paragraph (b), a supervision order may
authorise the Adult Parole Board to give directions relating
to electronic monitoring.".
33 Proceedings for offence
Section 172(2) and (3) of the Serious Sex
Offenders (Detention and Supervision) Act
2009 are repealed.
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34 Sharing of information
(1) For section 189(1) of the Serious Sex Offenders
(Detention and Supervision) Act 2009
substitute—
"(1) A relevant person may use or disclose to
another relevant person any information
obtained by the person in carrying out a
function under this Act or any other Act if
the use or disclosure—
(a) is reasonably necessary to enable the
relevant person or the other relevant
person to carry out a function under this
Act or a relevant Act, including the
following—
(i) preparing assessment reports,
progress reports or any other
reports or documents required by
this Act;
(ii) making or responding to an
application under this Act;
(iii) managing an offender under—
(A) this Act; or
(B) the Corrections Act 1986;
or
(C) the Sentencing Act 1991; or
(b) is specifically authorised or required by
or under this Act or another Act; or
(c) is authorised by the person to whom the
information relates; or
(d) is reasonably necessary to lessen or
prevent a serious and imminent threat
to a person's life, health, safety or
welfare.
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Part 2—Amendment of Serious Sex Offenders (Detention and Supervision)
Act 2009
Serious Sex Offenders (Detention and Supervision) and Other Acts
Amendment Act 2015
No. 52 of 2015
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(1A) 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).
Penalty: 120 penalty units.".
(2) In section 189(4) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
paragraph (a) of the definition of relevant Act
insert—
"(ab) the Family Violence Protection Act 2008;
or".
(3) In section 189(4) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, after
paragraph (c) of the definition of relevant Act
insert—
"(caa) the Personal Safety Intervention Orders
Act 2010; or".
(4) In section 189(4) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, for
paragraph (d) of the definition of relevant person
substitute—
"(d) any person who delivers services to or on
behalf of the Department whether paid or
unpaid; or".
(5) In section 189(4) of the Serious Sex Offenders
(Detention and Supervision) Act 2009, in the
definition of relevant person—
(a) in paragraphs (e), (f) and (g), for
"Department of Health" substitute
"Department of Health and Human
Services";
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Serious Sex Offenders (Detention and Supervision) and Other Acts
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(b) paragraphs (h), (i) and (j) are repealed;
(c) in paragraphs (m), (n) and (o), for
"Department of Immigration and
Citizenship" substitute "Department of
Immigration and Border Protection".
35 Guidelines for disclosure
In section 190(2) of the Serious Sex Offenders
(Detention and Supervision) Act 2009—
(a) in paragraph (c), for "Department of Health"
substitute "Department of Health and
Human Services";
(b) paragraph (d) is repealed.
36 Disclosure of information to responsible persons
For section 191(1) of the Serious Sex Offenders
(Detention and Supervision) Act 2009
substitute—
"(1) The Secretary may disclose to a responsible
person any information in respect of an
offender obtained by the Secretary in
carrying out a function under this Act.".
37 Delegation by Secretary
In section 196 of the Serious Sex Offenders
(Detention and Supervision) Act 2009, for
"Department of Justice" substitute
"Department of Justice and Regulation".
38 Delegation by Commissioner
In section 197 of the Serious Sex Offenders
(Detention and Supervision) Act 2009, for
"Department of Justice" substitute
"Department of Justice and Regulation".
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Part 2—Amendment of Serious Sex Offenders (Detention and Supervision)
Act 2009
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Amendment Act 2015
No. 52 of 2015
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39 Schedule 1
(1) In items 27 and 28 of Schedule 1 to the Serious
Sex Offenders (Detention and Supervision)
Act 2009, for "an offence referred to in item 1
or 2" substitute "an offence against a provision of
Subdivisions (8A) to (8EA) of Division 1 of Part I
of the Crimes Act 1958".
(2) After item 32 of Schedule 1 to the Serious Sex
Offenders (Detention and Supervision)
Act 2009 insert—
"32A An offence against section 41DA of the
Summary Offences Act 1966 (distribution
of intimate image).
32B An offence against section 41DB of
the Summary Offences Act 1966 (threat to
distribute intimate image).".
(3) In item 38 of Schedule 1 to the Serious Sex
Offenders (Detention and Supervision)
Act 2009, for "section 270.6 or 270.7" substitute
"section 270.6, 270.6A or 270.7".
(4) After item 39 of Schedule 1 to the Serious Sex
Offenders (Detention and Supervision)
Act 2009 insert—
"39A An offence against any of the following
sections of the Criminal Code of the
Commonwealth—
(i) section 272.8(1) or (2) (sexual
intercourse with child outside
Australia);
(ii) section 272.11(1) (persistent sexual
abuse of child outside Australia);
(iii) section 272.12(1) or (2) (sexual
intercourse with young person outside
Australia—defendant in position of
trust or authority);
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(iv) section 272.13(1) or (2) (sexual activity
(other than sexual intercourse) with
young person outside Australia—
defendant in position of trust or
authority);
(v) section 272.14(1) (procuring child to
engage in sexual activity outside
Australia);
(vi) section 272.15(1) ("grooming" child to
engage in sexual activity outside
Australia);
(vii) section 272.18(1) (benefiting from
offence against this Division);
(viii) section 272.19(1) (encouraging offence
against this Division);
(ix) section 272.20(1) or (2) (preparing for
or planning offence against this
Division).".
(5) After item 40(iv) of Schedule 1 to the Serious Sex
Offenders (Detention and Supervision)
Act 2009 insert—
"(iva) section 474.24A(1) (aggravated offence—
offence involving conduct on 3 or more
occasions and 2 or more people);
(ivb) section 474.25A(1) or (2) (using a carriage
service for sexual activity with person under
16 years of age);
(ivc) section 474.25B(1) (aggravated offence—
child with mental impairment or under care,
supervision or authority of defendant);".
(6) In item 40(vi) of Schedule 1 to the Serious Sex
Offenders (Detention and Supervision)
Act 2009, for "age)." substitute "age);".
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Serious Sex Offenders (Detention and Supervision) and Other Acts
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(7) After item 40(vi) of Schedule 1 to the Serious Sex
Offenders (Detention and Supervision)
Act 2009 insert—
"(vii) section 474.27A(1) (using a carriage service
to transmit indecent communication to
person under 16 years of age).".
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Part 3—Amendment of Bail Act 1977
Serious Sex Offenders (Detention and Supervision) and Other Acts
Amendment Act 2015
No. 52 of 2015
26
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Part 3—Amendment of Bail Act 1977
40 Accused held in custody entitled to bail
After section 4(4)(cc) of the Bail Act 1977
insert—
"(cd) with an indictable offence that is alleged to
have been committed while the accused is
the subject of a supervision order, or interim
supervision order, within the meaning of the
Serious Sex Offenders (Detention and
Supervision) Act 2009; or
(ce) with an indictable offence, and the accused,
at any time during the proceeding with
respect to bail, is the subject of a supervision
order, or interim supervision order, within
the meaning of the Serious Sex Offenders
(Detention and Supervision) Act 2009; or".
41 Transitional provisions
After section 34(12) of the Bail Act 1977
insert—
"(13) The amendments made to this Act by
section 40 of the Serious Sex Offenders
(Detention and Supervision) and Other
Acts Amendment Act 2015 apply only to a
proceeding with respect to bail that
commences on or after the commencement
of that section.".
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Part 4—Amendment of other Acts
Serious Sex Offenders (Detention and Supervision) and Other Acts
Amendment Act 2015
No. 52 of 2015
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Part 4—Amendment of other Acts
Division 1—Corrections Act 1986
42 Reports
After section 72(1)(bf)(vi) of the Corrections Act
1986 insert—
"(via) details of the exercise of powers of entry
under sections 158C and 171A of that Act
reported to the Board during the period;
and".
43 Release on parole after service of non-parole period
In section 74(5A)(c) of the Corrections Act
1986, for "damage or disable" substitute
"damage, disable or remove".
44 Definitions—Part 9B
(1) In section 104E of the Corrections Act 1986, for
the definition of officer substitute—
"officer means—
(a) an officer within the meaning of
section 85;
(b) a specified officer;".
(2) In section 104E of the Corrections Act 1986
insert the following definition—
"specified officer has the same meaning as in the
Serious Sex Offenders (Detention and
Supervision) Act 2009.".
45 Officers may use force to enforce directions in
certain circumstances
(1) In section 104I(1) of the Corrections Act 1986,
for "or a community corrections officer"
substitute ", a community corrections officer or a
specified officer".
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(2) After section 104I(1) of the Corrections Act 1986
insert—
"(1A) In compelling the monitored person under
subsection (1) to obey a direction, a specified
officer may apply an authorised instrument
of restraint to the monitored person if the
specified officer believes on reasonable
grounds that the application of the
instrument of restraint is necessary to
prevent the monitored person or another
person being killed or seriously injured.".
(3) In section 104I(2) of the Corrections Act 1986,
after "a community corrections officer" insert
"or specified officer".
(4) After section 104I(2) of the Corrections Act 1986
insert—
"(2A) If a specified officer applies an authorised
instrument of restraint to compel the person
to obey a direction, the specified officer must
report that fact to the specified officer's
Regional Manager as soon as possible.".
(5) In section 104I(3) of the Corrections Act 1986—
(a) in paragraph (b), after "a community
corrections officer" insert "or specified
officer";
(b) in paragraph (b), for "Regional Manager."
substitute "Regional Manager; and";
(c) after paragraph (b), insert—
"(c) any application of an authorised
instrument of restraint by a specified
officer to compel the monitored person
to obey a direction that has been
reported to the Regional Manager.".
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Division 2—Sentencing Act 1991
46 Monitoring of offender
In section 48LA(8)(c) of the Sentencing
Act 1991, for "damage or disable" substitute
"damage, disable or remove".
Division 3—Sex Offenders Registration Act 2004
47 Schedule 2
In items 19 and 20 of Schedule 2 to the Sex
Offenders Registration Act 2004, for
"referred to in item 1 or 1A of Schedule 1"
substitute "against a provision of Subdivisions
(8A) to (8EA) of Division 1 of Part I of the
Crimes Act 1958".
48 Schedule 4
In items 8 and 9 of Schedule 4 to the Sex
Offenders Registration Act 2004, for
"referred to in item 1 or 1A of Schedule 3"
substitute "against a provision of Subdivisions
(8A) to (8EA) of Division 1 of Part I of the
Crimes Act 1958".
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Part 5—Repeal of amending Act
Serious Sex Offenders (Detention and Supervision) and Other Acts
Amendment Act 2015
No. 52 of 2015
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Part 5—Repeal of amending Act
49 Repeal of amending Act
This Act is repealed on 1 September 2017.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
Serious Sex Offenders (Detention and Supervision) and Other Acts
Amendment Act 2015
No. 52 of 2015
31
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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: 2 September 2015
Legislative Council: 17 September 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the
Serious Sex Offenders (Detention and Supervision) Act 2009 to
provide new police powers in relation to offenders and to further provide
for the management of offenders, and to generally improve the operation
and enforcement of that Act, to amend the Bail Act 1977 to require, in
proceedings with respect to bail, certain accused persons to show cause
why their detention in custody is not justified, to amend the Corrections
Act 1986, the Sentencing Act 1991 and the Sex Offenders Registration
Act 2004 and for other purposes."
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