Serious Offenders Bill2018
table of provisions
ClausePage
ClausePage
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Offender still serving sentence when on parole
5Safety and protection of community paramount in any decision under this Act
6Nature of proceeding
7Operation of supervision order or interim supervision order
Part 2—Assessment of eligible offenders
8Eligible offender
9Secretary may decide to proceed with application for order
10Referral to DPP
11When DPP decides not to apply for detention order
Part 3—Supervision orders
Division 1—Court in which to commenceapplication
12Court in which to commence application
Division 2—Making of supervision order
13Application for supervision order
14Determination of application for supervision order
15Conditions of supervision order
16Content of supervision order
17Copy of supervision order
18Commencement of supervision order
19Period of supervision order
20Suspension of conditions of supervision order
21Expiry of supervision order
22Application for renewal of supervision order
23Progress report may be prepared
24Determination of application for renewal of supervision order
25Renewed supervision order
26Notices in relation to indefinite sentence
Division 3—Conditions of supervision order
27Purposes of conditions of supervision order
28Submissions relating to conditions
29Consideration of certificate of available resources
30Court may consider other orders
31Core conditions of supervision order
32Intensive treatment and supervision condition
33Court must consider imposing conditions under sections 34 and 35
34Other conditions relating to residence
35Suggested conditions
36Condition authorising Authority to give directions
37Condition as to firearms and weapons
38Discretion to impose any other condition
39Cancellation of firearms authority etc.
Division 4—Restrictive conditions and temporaryconditions
40Application for declaration that condition is a restrictive condition
41Court may declare condition to be a restrictive condition
42Temporary conditions
Division 5—Extension of intensive treatment and supervision condition
43Application to extend intensive treatment and supervision condition
44Determination of application to extend intensive treatment and supervision condition
Part 4—Interim supervision orders
45Definition
46Application for interim supervision order
47Determination of application for interim supervision order
48Content of interim supervision order
49Conditions of interim supervision order
50Condition as to firearms and weapons
51Suspension of firearms authority etc.
52Copy of interim supervision order
53Commencement of interim supervision order
54Period of interim supervision order
55Suspension of conditions of interim supervision order
56Expiry of interim supervision order
57Application to extend interim supervision order
58Determination of application to extend interim supervision order
59Content of order extending interim supervision order
60Copy of order on application to extend interim supervision order
Part 5—Detention orders
61Application for detention order
62Determination of application for detention order
63Finding of unacceptable risk
64Detention order only option
65Content of detention order
66Effect of detention order
67Copy of detention order
68Commencement of detention order
69Period of detention order
70Expiry of detention order
71Application for renewal of detention order
72Progress report may be prepared
73Determination of application for renewal of detention order
74Renewed detention order
Part 6—Interim detention orders
75Application for interim detention order
76Determination of application for interim detention order
77Content of interim detention order
78Effect of interim detention order
79Copy of interim detention order
80Commencement of interim detention order
81Period of interim detention order
82Expiry of interim detention order
83Application to extend interim detention order
84Determination of application to extend interim detention order
85Content of order extending interim detention order
86Copy of order on application to extend interim detention order
Part 7—Emergency detention orders
87Application for emergency detention order
88Application may be heard and determined in absence of offender
89Determination of application for emergency detention order
90Content of emergency detention order
91Copy of emergency detention order
92Commencement of emergency detention order
93Period of emergency detention order
94Effect of emergency detention order
95Warrant to detain
96Directions in, and authority of, warrant to detain
Part8—Review of orders and conditions
97Applications under this Part
98Progress report must be prepared
99Periodic review of supervision order
100Periodic review of detention order
101Offender serving custodial sentence or in custody on remand at time of review
102Leave for review
103Form of application
104Purpose of review
105Matters to be considered by the court
106Decision on supervision order—general
107Application for detention order and interim detention order during review of supervision order
108Application for review of detention order
109Effect of custodial order on time for review
110Application for review of condition of supervision order or interim supervision order
111Power of court on review of conditions
112Leave not required in certain circumstances for review of core conditions
113Application for review of intensive treatment and supervision condition
114Determination of application for review of intensive treatment and supervision condition
Part 9—Appeals
Division 1—Appeals relating to orders madeunderPart 3, 4, 5, 6, 7 or 8
115Appeal by offender
116Appeal by the Secretary
117Appeal by the DPP
118How appeal is commenced
119Conduct of appeal and powers to consider new evidence
120Determination of appeal against decision not to make emergency detention order
121Powers of Court of Appeal
122Court of Appeal may make interim supervision order or interim detention order
Division 2—Appeals relating to publication of information
123Appeal relating to publication of information
Part10—Procedure relating to applications
124Exclusion of evidence from disclosure
125Hearing of application
126Directions hearings
127Court may order offender to attend for personal examination
128Attendance of offender at hearings
129Adjournment of hearing
130Legal representation
131Admissibility of evidence
132Matters to which court may have regard
133Reasons for determination
134Victim submission
135Victim submission not to be released to offender without consent
136Power to issue arrest warrant
137Execution of warrant to arrest
138Arrested offender to be brought before court
Part11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders
139Directions by Authority
140Directions by Authority authorised by condition of supervision order or interim supervision order
141Electronic monitoring directions by Authority
142Emergency power of direction
143Urgent review of conditions of supervision order or interim supervision order
144Report to the court
145Instructions
146Notice of directions or instructions
147Offender may make submissions
148Attendance of offender at meetings of Authority
149Decision of Authority on submissions
150Reasons for directions
151Offender may inspect documents with permission of the Authority
152Authority must notify Secretary of certain matters
153Victim submissions
154How victim submissions are dealt with by the Authority
Part 12—Contravention of supervision order or interim supervision order
Division 1—Holding power if imminent risk ofcontravention
155Police officer may apprehend and detain offender subject to supervision order or interim supervision order
156Search of detained offender
157Use of reasonable force
158Procedural requirements after apprehension
159Duration of detention
160No questioning during detention
161Secretary to be notified of apprehension and detention
Division 2—Power of arrest
162Police officer may arrest without warrant
163Entry and search of premises in order to arrest offender
164Announcement before entry
165Warning that search or seizure is to occur and that reasonable force may be used
166Reporting of use of force
167Reporting of use of power of entry
168Power to arrest offender in residential treatment facility suspected of contravening supervision order or interim supervision order
Division3—Contravention of supervision order orinterim supervision order
169Offence to contravene supervision order or interim supervision order
170Authority may inquire into contravention
171Procedure on inquiry
172Serious contravention
173Commencement of criminal proceeding for offence against section 169
174Supreme Court or County Court may conduct summary hearing
175Transfer of proceeding for related summary offence
176Hearing and determination of related summary offence by Supreme Court or County Court
177Failure to attend
Part 13—Management of offenders
Division 1—Management of offenders at residentialfacilities
178Appointment of residential facility
179Purpose of residential facility
180Management of residential facility
181Persons working at residential facility to be subject to direction
182Duties of supervision officers and specified officers
183Officers may give instructions
184Officers may use force to enforce instructions in certain circumstances
185Offender entitled to enter and leave residential facility
186Access to residential facility
187Visitors
188Exclusion of visitors for safety reasons
189Visitors to give certain information
190Offences relating to operation or possession of remotely-piloted aircraft or helicopter
191Officer in charge may give authorisation for operation of remotely-piloted aircraft or helicopter
192Arrest of person for offence relating to operation or possession of remotely-piloted aircraft or helicopter
193Photographing
194Reporting of use of force or application of authorised instrument of restraint
Division 2—Management of offenders at residentialtreatment facilities
195Appointment of residential treatment facility
196Purpose of residential treatment facility
197Application of Division 1
198Offender movement in residential treatment facility
199Offender must not enter and leave residential treatment facility other than in accordance with supervision order, treatment and supervision plan,etc.
200Offenders' rights
201Certain letters may be inspected
202Letter register
203Visits by Judges or independent prison visitors
204Visit by independent prison visitor
205Exclusion of visitors and termination of visits for safety and security reasons
Division 3—Management of offenders at otherplaces
206Application of Division
207Management of offender
208Officers to be subject to direction
209Officer may give instructions
210Reporting of use of force
Division 4—Alcohol and drug testing of offenders
211Definitions
212Application of Division
213Testing of offenders by officers
214Secretary to approve test procedures
215Taking of samples of drugs and alcohol
216Testing of offenders by police officers
Part 14—Entry, search and seizure
Division 1—Definitions
217Definitions
Division 2—General search and seizure powers
218Search powers
219Seizure and examination powers
220Warning that search or seizure is to occur and that reasonable force may be used
221Reporting of use of force
Division 3—Search and seizure in respect of offenders residing at residential facilities or residential treatment facilities
222Definition
223Search outside premises
224Search inside premises
225Seizure and examination at premises
Division 4—Search and seizure in respect of offenders residing at places other than residential facilities or residential treatment facilities
226Application of Division
227Search of offenders residing at places other than residential facilities or residential treatment facilities
228Seizure and examination of offenders at other places
229Powers of entry and search by police officer
230Announcement before entry
231Report to Authority
Division 5—Computers and other devices
232Definitions
233Offender to comply with direction
234Entry and search if offender fails to comply
235Seizure and examination if offender fails to comply
236Officer may direct offender to provide assistance—computers and other devices
Division 6—General provisions relatingtoseizedthings
237Register of things seized by police officers
238Register of things seized by officers other than police officers
239Things seized by officers must be photographed or otherwise recorded
240Officer must provide receipt for seized things
241Retention by Chief Commissioner of Police or Commissioner of seized things
242Return of seized things if grounds for seizure no longer applies
243Return of seized things—retrieval notices
244Return of seized property—application to Magistrates' Court
245Chief Commissioner of Police or Commissioner mayapply to Magistrates' Court for disposal or destruction order
246Proceeds of sale or disposal to be paid into Consolidated Fund
247Destruction or disposal of seized things with owner's consent
248No liability for use of force in accordance with certain provisions
Part 15—Removal of electronic monitoring devices and equipment
249Application
250Definition
251Who may remove electronic monitoring devices and equipment
252Removal of electronic monitoring devices and equipment
253Commissioner may authorise employee to exercise powers of officer
Part 16—Management of offenders subject to detention orders, interim detention orders or emergency detention orders
254Application
255Status of offender on detention order, interim detention order or emergency detention order
256Function of Authority in relation to detention orders, interim detention orders and emergency detention orders
Part 17—Change of name
257Application of Part
258Definitions
259Applications for change of name by or on behalf of an offender
260Approval by Authority
261Approval to be notified in writing
262Registration of change of name
263Registrar may correct Register
264Information sharing between the Secretary and the Victorian Registrar
265Notice to Secretary
Part 18—Reports and plans
Division 1—Preparation of assessment reportsandprogress reports
266Secretary may direct eligible offender to attend examination or assessment
267Assessment report or progress report to be prepared by medical expert
268Additional assessment
269Content of assessment report
270Content of progress report
Division 2—Disputed reports
271Notice of intention to dispute report
272Disputed report—application for interim order or emergency detention order
273Disputed report—application for any other order
Division 3—Preparation of treatment andsupervision plans
274Treatment and supervision plan
275Provision of treatment and supervision plan to Authority and responsible agencies
Part 19—Restriction and sharing ofinformation
Division 1—Publication
276Definition
277Offence to publish certain information
278Order authorising publication
279Order restricting publication of offender's identity
280Matters to which court must have regard
281Offence to publish information
Division 2—Recording and sharing of information
282Record of eligible offenders
283Additional information to be obtained by Secretary
284Sharing of information
285Guidelines for disclosure
286Sharing information with responsible person
287Sharing information with health care providers
288Disclosure of certain information is not contravention of section4 of Judicial ProceedingsReports Act1958
289Exemption from Freedom of Information Act 1982
Part20—Post Sentence Authority
Division 1—Continuation of Authority
290Continuation of Post Sentence Authority
291Functions of Authority
292Powers of Authority
293Membership of Authority
294Chairperson and deputy chairperson of Authority
295Acting appointments
296Terms and conditions of office
297Chairing of meetings
298Meetings
299Validity of acts or decisions of Authority
300Vacancies, resignations and removal from office
301Employees and contractors
302Member may act on behalf of Authority
Division 2—Notices to produce or attend
303Power of Authority to compel production of documents and other things or attendance of witnesses
304Person may dispute notice to produce or notice to attend
305Variation or revocation of notice to produce or notice to attend
306Service of notice to produce or notice to attend
307Powers in relation to documents and other things produced
308Power to compel attendance or production does notaffect power of Authority to direct or instruct offenders
309Appearance by audio visual link
310Notice to attend served on person serving custodial sentence or in custody on remand
311Power to take evidence on oath or by affirmation
312Offence to fail to comply with a notice to produce or attend
313Offence to fail to take oath, make affirmation or answer question
Division 3—Miscellaneous matters
314Protection of participants at Authority meeting
315Immunity of member of Authority
316Annual report
317Other reports
318Information to be provided to Authority
Division 4—Security at Authority premises
319Functions of security officers
320Search and seizure powers of security officers
321Warning that search or seizure is to occur and that reasonable force may be used
322Security officer may give directions
323Security officer may arrest without warrant
324Seizure of things—reporting and recording
325Reporting of use of force or application of instrument of restraint
326Seized things
327No liability
Part21—Cooperation and coordination between responsible agencies
328Application of Part
329Responsible agency must act in accordance with principle of shared responsibility
330Responsible agencies must establish panel
331Responsible agencies to agree on coordinated services plan for each offender
332Content of coordinated services plan
333Responsible agencies to give copy of plan to Authority
334Authority to review coordinated services plans
335Responsible agencies to review and report on coordinated services plan
336Expiry of plan
337Responsible agency may seek services or advice
338Delegation
339Legal rights not affected
Part 22—General
340Persons authorised to act as specified officers
341Sex offender registration order under Sex Offenders Registration Act 2004
342Service of documents
343Costs
344Certificate of available resources
345Delegation by Secretary
346Delegation by Commissioner
347Grants by Minister
348Review of Act
349Regulations
Part 23—Repeal and transitional provisions
350Repeal
351Savings and transitional provisions
Part 24—Consequential amendment ofotherActs
352Bail Act 1977
353Civil Procedure Act 2010
354Corrections Act 1986—new Division 2 inserted in Part 1A
355Corrections Act 1986—other consequential amendments
356Criminal Organisations Control Act 2012
357Criminal Procedure Act 2009
358Disability Act 2006
359Firearms Act 1996
360Health Records Act 2001
361Open Courts Act 2013
362Privacy and Data Protection Act 2014
363Public Prosecutions Act 1994
364Sentencing Act 1991
365Sex Offenders Registration Act 2004
366Surveillance Devices Act 1999
367Supreme Court Act 1986
368Transport (Compliance and Miscellaneous) Act1983
369Working with Children Act2005
370Wrongs Act 1958
371Victims' Charter Act 2006
372Repeal of amending Part
Schedule 1—Serious sex offences
Schedule 2—Serious violence offences
Schedule 3—Additional offences not to becommitted as core conditions of supervision order
Schedule 4—Savings and transitional provisions
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Endnotes
1General information
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581438B.I-8/5/2018BILL LA INTRODUCTION 8/5/2018
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Introduced in the Assembly
Serious Offenders Bill2018
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581438B.I-8/5/2018BILL LA INTRODUCTION 8/5/2018
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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.
1
581438B.I-8/5/2018BILL LA INTRODUCTION 8/5/2018
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1
581438B.I-8/5/2018BILL LA INTRODUCTION 8/5/2018
Serious Offenders Bill2018
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581438B.I-8/5/2018BILL LA INTRODUCTION 8/5/2018
Serious Offenders Bill2018
The Parliament of Victoriaenacts:
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581438B.I-8/5/2018BILL LA INTRODUCTION 8/5/2018
Schedule 4—Savings and transitional provisions
Serious Offenders Bill2018
Part 1—Preliminary
1Purposes
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
(b)secondly, to facilitate the treatment and rehabilitation of those offenders; and
(c) to repeal the Serious Sex Offenders (Detention and Supervision) Act 2009 andconsequentially amend other Acts.
2Commencement
(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.
3Definitions
In this Act—
Adult Parole Board means the Adult Parole Board established under the Corrections Act1986;
assessment report means a report referred to in section269;
authorised instrument of restraint means an instrument, or a type of instrument, that isapproved under section55D of the Corrections Act1986 and is used in the manner determined by the Secretary under that section;
Authority means the Post Sentence Authority continued in existence under section290;
certificate of available resources means a certificate referred to in section344;
Chief Commissioner of Police means the Chief Commissioner of Police appointed under section17 of the Victoria Police Act2013;
Commissioner means the person employed as Commissioner under section8A of the Corrections Act1986;
community corrections officer has the same meaning as in the Corrections Act1986;
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 Schedule3 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 section18M of the Sentencing Act 1991; or
(e)an order made under section31(5)(a) or(b) of the Sentencing Act1991(asin force before its repeal); or
(f)an order made under section83AR(1)(a) or (b) of the Sentencing Act 1991(as in force before its repeal); or
(g) a court secure treatment order made under section94B of the Sentencing Act 1991 or an order taken to be a court secure treatment order by section94G 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 insection18ZT of the Sentencing Act1991; or
(j)an intensive correction order made under section19 of the Sentencing Act1991 (as in force before its repeal); or
(k)a community correction order made under Part 3A of the Sentencing Act1991; or
(l) an order made under section59 of the Corrections Act1986 (as in force before its repeal);
designated mental health service has the same meaning as in the Mental Health Act2014;
detention order means an order made under section62 or 73 and includes any extension of the order;
DPP means the Director of Public Prosecutions for Victoria;
eligible offender has the meaning set out in section8;
emergency detention ordermeans an order made under section89 or 120;
firearms authority means a licence, permit or other authority under the Firearms Act 1996to 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 section5 of the Migration Act 1958 of the Commonwealth;
indefinite sentence has the same meaning as in the Sentencing Act1991;
intensive treatment and supervision condition means a condition on a supervision order imposed under section32;
interim detention order means an order made under section76 or 122;
interim supervision order means an order made under section47 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 speciality of psychiatry (other than as a student); or