Serious Offenders Bill2018

table of provisions

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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

1

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