VersionNo. 011
Serious Sex Offenders (Detention and Supervision) Regulations2009
S.R. No. 187/2009
Version incorporating amendments as at
1 February 2018
table of provisions
RegulationPage
1
RegulationPage
1Objectives
2Authorising provision
3Commencement
4Definition
5Notice in relation to an application for a supervision order
6Notice in relation to an application to renew a supervision order
7Notice in relation to an application for a detention order
8Notice in relation to an application to renew a detention order
9Notice in relation to an interim supervision order
10Notice in relation to an interim detention order
11Notice in relation to an application to review a supervision order
12Notice in relation to an application to review a detention order
13Notice in relation to an application to review supervision order conditions
14Notice in relation to an application to review interim supervision order conditions
15Notice to offender of rights relating to an appeal relating to a supervision order
16Notice to offender of rights relating to an appeal relating to an interim supervision order
17Notice to offender of rights relating to an appeal relating to a detention order
18Notice to offender of rights relating to an appeal relating to an interim detention order
18ATransfer of a proceeding
19Information to be given about offender's rights and responsibilities when holding power exercised
20Register of things seized by police officers
21Receipt for seized things
22Retrieval notice
23Prescribed persons allowed to operate remotely piloted aircraft or helicopter
Forms
Form 1—Notice to Offender of Application for a Supervision Order
Form 2—Notice to Offender of Application to Renew a Supervision Order
Form 3—Notice to Offender of Application for a Detention Order
Form 4—Notice to Offender of Application to Renew a Detention Order
Form 5—Notice to Offender of Application for an Interim Supervision Order
Form 6—Notice to Offender of Application for an Interim Detention Order
Form 7—Notice to Offender of Application to Review a Supervision Order
Form 8—Notice to Offender of Application to Review a Detention Order
Form 9—Notice to Offender of Application for Review of Supervision Order Conditions
Form 10—Notice to Offender of Application for Review of Interim Supervision Order Conditions
Form 11—Notice to Offender of Rights Relating to an Appeal Relating to a Supervision Order
Form 12—Notice to Offender of Rights Relating to an Appeal Relating to an Interim Supervision Order
Form 13—Notice to Offender of Rights Relating to an Appeal Relating to a Detention Order
Form 14—Notice to Offender of Rights Relating to an Appeal Relating to an Interim Detention Order
Form 14A—Order for the Transfer of Proceedings for Breach of Supervision Order
Form 15—Notice to be Given about Offender's Rights and Responsibilities when Holding Power Exercised
Form 16—Retrieval Notice
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 011
Serious Sex Offenders (Detention and Supervision) Regulations2009
S.R. No. 187/2009
Version incorporating amendments as at
1 February 2018
1
Serious Sex Offenders (Detention and Supervision) Regulations2009
S.R. No. 187/2009
Reg.1 substitutedby S.R. No. 128/2016 reg.5.
1Objectives
The objectives of these Regulations are to prescribe—
(a)forms for the purposes of the SeriousSex Offenders (Detention andSupervision) Act2009; and
(b)matters in relation to the seizure ofthingsunder the Serious Sex Offenders (Detention and Supervision) Act 2009;
and
(c)any other matter required or necessaryunder the Serious Sex Offenders (Detention and Supervision) Act2009.
2Authorising provision
These Regulations are made under section 198 of the Serious Sex Offenders (Detention and Supervision) Act 2009.
3Commencement
These Regulations come into operation on 1January 2010.
4Definition
In these Regulations—
the Act means the Serious Sex Offenders (Detention and Supervision) Act 2009.
5Notice in relation to an application for a supervision order
For the purpose of section 80(2) of the Act, the prescribed form of notice in relation to an application for a supervision order under Part 2 of the Act is the form set out in Form 1.
6Notice in relation to an application to renew a supervision order
For the purpose of section 80(2) of the Act, the prescribed form of notice in relation to an application to renew a supervision order under Part 2 of the Act is the form set out in Form 2.
7Notice in relation to an application for a detention order
For the purpose of section 80(2) of the Act, the prescribed form of notice in relation to an application for a detention order under Part 3 of the Act is the form set out in Form 3.
8Notice in relation to an application to renew a detention order
For the purpose of section 80(2) of the Act, the prescribed form of notice in relation to an application to renew adetention order under Part3 of the Act is the form set out in Form 4.
9Notice in relation to an interim supervision order
For the purpose of section 80(2) of the Act, the prescribed form of notice in relation to an application for an interim supervision order under Part 4 of the Act is the form set out in Form5.
10Notice in relation to an interim detention order
For the purpose of section 80(2) of the Act, the prescribed form of notice in relation to an application for an interim detention order under Part 4 of the Act is the form set out in Form6.
11Notice in relation to an application to review a supervision order
For the purpose of section 80(2) of the Act,the prescribed form of notice in relation to an application to review a supervision order under Part 5 of the Act is the form set out in Form 7.
12Notice in relation to an application to review a detention order
For the purpose of section 80(2) of the Act,the prescribed form of notice in relation to an application to review a detention order under Part5 of the Act is the form set out in Form 8.
13Notice in relation to an application to review supervision order conditions
For the purpose of section 80(2) of the Act, the prescribed form of notice in relation to an application to review the conditions of a supervision order under Part 5 of the Act is the form set out in Form9.
14Notice in relation to an application to review interim supervision order conditions
For the purpose of section 80(2) of the Act, the prescribed form of notice in relation to an application to review the conditions of an interim supervision order under Part 5 of the Act is the form set out in Form10.
15Notice to offender of rights relating to an appeal relating to a supervision order
For the purpose of section 99(4) of the Act, the prescribed form of notice with respect to an appeal concerning a supervision orderunder Part7 of the Act is the form set out in Form 11.
16Notice to offender of rights relating to an appeal relating to an interim supervision order
For the purpose of section 99(4) of the Act, the prescribed form of notice with respect to an appeal concerning an interim supervision orderunder Part 7 of the Act is the form set out in Form12.
17Notice to offender of rights relating to an appeal relating to a detention order
For the purpose of section 99(4) of the Act, the prescribed form of notice in relation to an appeal concerning a detention order under Part 7 of the Act is the form set out in Form 13.
18Notice to offender of rights relating to an appeal relating to an interim detention order
For the purpose of section 99(4) of the Act, the prescribed form of notice in relation to an appeal concerning an interim detention order under Part 7 of the Act is the form set out in Form 14.
Reg. 18A inserted by S.R. No. 21/2014 reg. 5.
18ATransfer of a proceeding
For the purposes of section 172A(3) of the Act, the prescribed form for an order made by the Magistrates' Court to transfer a proceeding is the form set out in Form14A.
19Information to be given about offender's rights and responsibilities when holding power exercised
For the purpose of section 167(2)(b) of the Act, the prescribedinformation about the offender's rights and responsibilitiesunder Division 3 of Part11 of the Act is the information in the form set out in Form15.
Reg.20 insertedby S.R. No. 128/2016 reg.6.
20Register of things seized by police officers
For the purposes of section 158I(2) of the Act, the prescribed details are—
(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)the name and address of the person from whom the thing was seized; and
(e)if the person from whom the thing was seized is not the owner of the thing, the nameand address of the owner of the thing(if known); and
(f)a photograph taken of the thing (if any).
Reg.21 insertedby S.R. No. 128/2016 reg.6.
21Receipt for seized things
(1)For the purposes of section 158K(3)(a) of the Act, the prescribed information is—
(a)the time, date and place of the seizure; and
(b)the name of the police officer, community corrections officer, supervision officer or specified officer(as the case requires) who—
(i)seized the thing; or
(ii)is responsible for recording the details of the seized thing; and
(c)a description of the thing seized; and
(d)the name of the person from whom the thing was seized; and
(e)if the person from whom the thing was seized is not the owner of the thing, the nameand address of the owner of the thing(if known); and
(f)information regarding the person's right under section 158O of the Act to apply to theMagistrates' Court for the return of the seized thing.
(2)The information specified in subregulation (1) may be contained in one or more receipts.
(3)Subject to subregulations (4) and (5), for the purposes of section 158K(3)(b) of the Act, a receipt must be signed by—
(a)the person from whom the thing was seized; and
(b)the police officer, community corrections officer, supervision officeror specified officer (as the caserequires) who—
(i)seized the thing; or
(ii)is responsible for recording thedetails of the seized thing.
(4)If the person from whom the thing was seized refuses to sign a receipt, a receipt may be signed by—
(a)a police officer, a community corrections officer, a supervision officer or a specified officer who is present at the time of the seizure, other than the police officer, thecommunity corrections officer, the supervision officer or the specified officer who has signed the receipt in accordance with subregulation (3)(b); or
(b)any other adult not referred to in paragraph (a) who is present at the time of the seizure.
(5)The signature by the officer present at the time of seizure is sufficient for the purposes of subregulation (3) if—
(a)the person from whom the thing was seized refuses to sign a receipt; and
(b)there is only one police officer, community corrections officer, supervision officer or specified officer present at the time of seizure; and
(c)there is no other adult present at the time of the seizure.
Reg.22 insertedby S.R. No. 128/2016 reg.6.
22Retrieval notice
For the purposes of section 158N(3) of the Act—
(a)the prescribed information is the information in the form set out in Form16; and
(b)a retrieval notice may be given by—
(i)being personally served on the serious sex offender or owner of the seized thing (as the case requires); or
(ii)being posted by ordinary or registered post to the last known address of the serious sex offender or owner of the seized thing (asthe case requires); or
(iii)if the serious sex offender or owner of the seized thing (as the case requires) has consented to receiving information by email, being sent to the email address designated by the serious sex offender or owner of the seized thing for receiving information.
Reg.23 insertedby S.R. No. 4/2018 reg.4.
23Prescribed persons allowed to operate remotely piloted aircraft or helicopter
For the purposes of section 141A(1) of the Act,aperson employed by the Department inCorrections Victoria and acting in the course oftheir employment is a prescribed person.
Forms
Form 1 amended by S.R. No. 84/2016 regs4, 5.
Form 1
Regulation 5
Notice to Offender of Application for a Supervision Order
PART 2—SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) ACT 2009
GENERAL INFORMATION
To—[Name of offender]
This notice has been served on you because the Secretary to the Department of Justice and Regulation("the Secretary") has applied to the *Supreme Court/*County Court to make you subject to a supervision order under the Serious Sex Offenders (Detention and Supervision) Act 2009.
This notice provides information about—
your rights in relation to the application; and
the procedure for hearing and determining the application; and
the nature of supervision orders.
If you have any questions about this information or your rights you should seek legal advice.
REASON FOR APPLICATION FOR A SUPERVISION ORDER
The Secretary has applied to the *Supreme Court/*County Court for a supervision order because—
you have committed a relevant offence; and
you have been sentenced to imprisonment for a relevant offence; and
at least one medical expert has assessed you and formed an opinion about any risk that you will commit another relevant offence if you are released in the community and are not subject to an order; and
the Secretary has formed the view that an application for a supervision order should be made.
A copy of the following assessment *report/*reports areincluded with this notice—
[State name of report maker and date of report]
PURPOSES OF SUPERVISION ORDER
The purposes of a supervision order are—
to protect the community, by requiring offenders who have served custodial sentences for relevant offences and who present an unacceptable risk of harm to the community to be subject to ongoing supervision; and
to facilitate the treatment and rehabilitation of these offenders.
EFFECT OF SUPERVISION ORDER
A person subject to a supervision order does not live in prison or a police gaol.The person may be directed to reside at a particular place, including in a residential facility.
A supervision order is not punishment for committing any offence.
If you are subject to a supervision order you mustcomply with the conditions set out in the order (see below) and you may also be required to comply with directions given to you by the Adult Parole Board.
PERIOD AND DURATION OF SUPERVISION ORDER
A supervision order starts either—
when a person's custodial sentence, or any consecutive custodial sentence finishes; or
if the custodial sentence has already finished, on a date that the court will set.
The court will decide the duration of the order.The maximum duration of an order is 15 years, however a supervision order—
generally must be reviewed at least every 3 years and you can apply to the court for leave to review the supervision order at any time in certain circumstances;
can be repeatedly renewed by a court, if you continue to pose an unacceptable risk.
CONDITIONS OF SUPERVISION ORDER
Core conditions of order
If you are subject to a supervision order, then in addition to other matters, the order will specify that you must—
not commit a "relevant offence" in Victoria or elsewhere;
not commit a "violent offence" in Victoria or elsewhere;
if residing at a residential facility, not engage inconduct that poses a risk to the good order of the residential facility or the safety and welfare of offenders or staff at the residential facility or visitors to the residential facility;
not engage in conduct that threatens the safety of any person, including yourself;
attend at any place as directed by the Adult Parole Boardfor the purpose of administering the conditions of the order;
attend at any place directed by the Adult Parole Boardfor the purpose of making assessments (including a personal examination by a medical expert);
report to and receive visits from the Secretary, or any person nominated by the Secretary;
notify the Adult Parole Boardof any change of employment or new employment (paid or unpaid) at least 2 clear days before the change;
not leave Victoria without the Adult Parole Board's permission;
if residing at a residential facility, obey all reasonable instructions given by a supervision officer or a specified officerthat are necessary to ensure the security or good order of the residential facility or the safety and welfare of offenders or staff or visitors at the facility;
comply with directions given by the Adult Parole Board in the exercise of its emergency powers. These powers allow the Board to manage you differently from the way the court has ordered where it is not practicable to apply to the court for a variation of the conditions of the supervision order if there is an imminent risk of harm to you or to the community, or if the accommodation specified by the court becomes unavailable;
obey all reasonable instructions given by a community corrections officer or a specified officer that are necessary to ensure your compliance with any rehabilitation or treatment plan or your compliance with any directions given by the Adult Parole Board.
Possible other conditions of supervision order
If the court imposes on you a supervision order, then in addition to the above core conditions of the order, the court must consider whether it is appropriate to impose any of the following conditions—
where you may reside in the community (including whether you should reside at a residential facility);
times when you must be home;
the conditions under which you may leave your place of residence;
the places or areas that you must not visit or may only visit at specified times;
treatment or rehabilitation programs or activities that you must attend and participate in;
types of employment in which you must not engage;
requiring you not to consume alcohol;
requiring you to not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;
requiring you to submit to breath testing, urinalysis or other test procedures (other than blood tests) approved by the Secretary for detecting alcohol or drug use;
types of behaviour that you must not engage in, where that behaviour was preparatory to your prior relevant offences or may increase your risk of committing a relevant offenceor a violent offence or engaging in violent conduct;
community activities in which you must not engage;
persons or classes of persons with whom you must not have contact;
forms of monitoring (including electronic monitoring) of compliance with the supervision order, to which you must submit;
personal examinations by a medical expert which you must attend for the medical expert to prepare a report for the Adult Parole Boardto assist it to make directions under the order.
The court may also impose any other conditions it considers appropriate—
to reduce your risk of re-offendingwhether by committing a relevant offence or a violent offence or by engaging in violent conduct; or
to promote your rehabilitation and treatment; or
to provide for the reasonable concerns of your victims in relation to their safety and welfare.
Restrictive conditions
If you are subject to a supervision order, the following core conditions of the supervision order are restrictive conditions—
you must not commit a "relevant offence" in Victoria or elsewhere;
you must not commit a "violent offence" in Victoria or elsewhere;
if residing at a residential facility, you must not engage in conduct that poses a risk to the good order of the residential facility or the safety and welfare of offenders or staff at the residential facility or visitors to the residential facility;
you must not engage in conduct that threatens the safety of any person including yourself.