Serious Sex Offenders Monitoring Regulations 2005

Version No. 004

Serious Sex Offenders Monitoring Regulations 2005

S.R. No. 37/2005

Version incorporating amendments as at 3 June 2008

table of provisions

RegulationPage

1Objective

2Authorising provision

3Commencement

4Definition

5Notice in relation to an application for an extended supervision order

6Notice in relation to an application to review an extended supervision order

7Notice in relation to an application to renew an extended supervision order

8Notice in relation to an appeal relating to an extended supervisionorder

9Notice in relation to an interim extended supervision order

FORMS

Form 1—Notice to Offender of Application for an Extended
Supervision Order

Form 2—Notice to Offender of Application to Review an Extended Supervision Order

Form 3—Notice to Offender of Application to Renew an Extended Supervision Order

Form 4—Notice to Offender of Rights Relating to an Appeal

Form 5—Notice to Offender of Application for an Interim Extended Supervision Order

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 004

Serious Sex Offenders Monitoring Regulations 2005

S.R. No. 37/2005

Version incorporating amendments as at 3 June 2008

S.R. No. 37/2005

Serious Sex Offenders Monitoring Regulations 2005

1Objective

The objective of these Regulations is to prescribe forms for the purposes of the Serious Sex Offenders Monitoring Act 2005.

2Authorising provision

These Regulations are made under section 46 of the Serious Sex Offenders Monitoring Act 2005.

3Commencement

These Regulations come into operation on 26 May 2005.

4Definition

In these Regulations—

the Act means the Serious Sex Offenders Monitoring Act 2005.

5Notice in relation to an application for an extended supervision order

For the purpose of section 9(c) of the Act, the prescribed form of notice with respect to an application for an extended supervision order is the form set out in Form 1.

6Notice in relation to an application to review an extended supervision order

r. 6

For the purposes of sections 9(c) and 22(1) of the Act,the prescribed form of notice with respect to an application to review an extended supervision order is the form set out in Form 2.

7Notice in relation to an application to renew an extended supervision order

For the purposes of sections 9(c) and 24(3) of the Act, the prescribed form of notice with respect to an application to renew an extended supervision order is the form set out in Form 3.

8Notice in relation to an appeal relating to an extended supervisionorder

For the purpose of section 38(3) of the Act, the prescribed form of notice with respect to an appeal is the form set out in Form 4.

Reg.9 inserted by S.R.No. 51/2008 reg.5.

9Notice in relation to an interim extended supervision order

For the purpose of section 25B(b) of the Act, the prescribed form of notice with respect to an application for an interim extended supervision order is the form set out in Form5.

______

FORMS

Form 1 amended by S.R. No. 133/2006 reg.4.

Form 1

Regulation 5

Notice to Offender of Application for an Extended Supervision Order

Serious Sex Offenders Monitoring Act 2005

Section 9(c)

GENERAL INFORMATION

To—[Name of offender]

This Notice has been served on you because the Secretary to the Department of Justice ("the Secretary") has applied to the *Supreme Court/*County Court to make you subject to an extended supervision order under the Serious Sex Offenders Monitoring Act 2005.

This Notice provides information about the procedure for hearing and determining the application and your rights in relation to its hearing and determination.

If you have any questions about this information or your rights you should seek legal advice.

REASON FOR APPLICATION FOR AN EXTENDED SUPERVISION ORDER

The Secretary has applied to the *Supreme Court/*County Court for an extended supervision order because you have—

committed a relevant offence;
been sentenced to imprisonment for a relevant offence; and
at least one psychologist or psychiatrist has assessed you and formed an opinion about any risk that you will commit another relevant offence if you are released in the community without being subject to an extended supervision order. A copy of the following written assessment reports are with this notice—

[state name of report provider and date of report]

EFFECT OF EXTENDED SUPERVISION ORDER

A person subject to an extended supervision order lives in the community and not in prison.

Form 1

If you are subject to an extended supervision order you must—

comply with the conditions set out in the order; and
comply with any instruction or direction given to you by the Adult Parole Board and the Secretary.

If you do not comply with the requirements of an extended supervision order, the court may find you guilty of an offence and impose a penalty of a maximum of 5 years imprisonment.

The purposes of an extended supervision order are to—

monitor the person subject to the order so that the community is protected adequately against that person; and
promote the rehabilitation, care and treatment of the person subject to the order.

Period and duration of Order

An order starts either—

when a person's sentence of imprisonment finishes; or
if the sentence of imprisonment has already finished, the court will set the date on which the order will start. The court will decide the duration of the order. The maximum duration of an order is 15 years.

Conditions

If you are subject to an extended supervision order you will be monitored and must comply with the conditions of the order.

Conditions that the court must impose

In addition to other matters, the order will specify that—

you must not commit a relevant offence outside or inside Victoria;
you must follow any direction given to you by the Secretary or the Adult Parole Board to go to any place for the purpose of supervision, assessment or monitoring;
you must report to and receive visits from the Secretary or a person nominated by the Secretary;
you must notify the Secretary of any change to your name or employment at least 2 clear working days before any change;
you must not move to a new address without the prior written consent of the Secretary;
you must not leave Victoria without the permission of the Secretary;
you must obey all lawful instructions and directions given to you by the Secretary;

you must obey all lawful instructions and directions given to you by the Adult Parole Board.

Instructions and directions of the Adult Parole Board

If you are subject to an extended supervision order, the Adult Parole Board can give you an instruction or direction about a wide range of matters including—

where you may live;
times when you must be at home;
places or areas which you must not visit or may visit only at specified times;
treatment or rehabilitation programs or activities that you must attend and in which you must participate;
types of employment in which you must not engage;
community activities in which you must not engage;
persons or classes of person with whom you must not have contact;
forms of monitoring compliance with the order, including electronic monitoring, to which you must submit;
personal examinations by a medical expert for which you must attend so that the Adult Parole Board can be assisted in determining the need for any instruction or direction.

The Adult Parole Board must give any instruction or direction to you in writing as soon as practicable after giving the instruction or direction. TheAdult Parole Board can vary any instruction or direction. The Adult Parole Board must give you written notice of any variation of any instruction or direction as soon as practicable.

Instructions and directions of the Secretary

If you are subject to an extended supervision order the Secretary can give you any instruction or direction necessary to ensure the effective and efficient implementation and administration of the conditions of the order.

HEARING AND DETERMINATION OF APPLICATION FOR AN EXTENDED SUPERVISION ORDER

Form 1

Before the hearing—

Documents

The Secretary must give you—

a copy of the application; and
a copy of any assessment report that accompanied the application; and
a notice setting out your rights in relation to the hearing and the procedure for the hearing and determination of the application (thisnotice).

Assessment Report

An assessment report is prepared by a psychologist or psychiatrist who has assessed you and formed an opinion about any risk that you will commit another relevant offence if you are in the community without being subject to an extended supervision order.

Timing of the hearing

The court will not start hearing the application until at least 25 working days after the application has been madeor, if the court is satisfied that it is in the interests of justice to do so, any shorter period.

Legal representation

You have the right to be legally represented at the hearing. The hearing of the application will not begin until the court is satisfied that you have had a reasonable opportunity to obtain legal representation.

Independent assessment report

You have the right to obtain one or more independent assessment reports. Ifyou obtain an independent assessment report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. Thehearing will not begin until the court is satisfied that you have had areasonable opportunity to obtain an independent assessment report. Thecourt may direct you and/or the Secretary to obtain other assessment reports or reports of another kind.

THE HEARING

You must be present during the hearing of the application unless—

your actions at the hearing make this impracticable. If this happens the court can order that you be removed and continue to hear the application in you absence; or
you are unable to be present and the court is satisfied that conducting the hearing will not prejudice your interests and the interests of justice require that the hearing takes place in your absence.

You may make an application to the court for a suppression order limiting or prohibiting the publication of any evidence given during the proceeding, the contents of any report or document put before the court during the hearing or any information that might enable you or another person who has given evidence in the proceeding to be identified.

Form 1

At the hearing the Secretary will argue that you should be subject to an extended supervision order. You have the right to argue that you should not be subject to an extended supervision order.

The court may only make you subject to an extended supervision order if it issatisfied, to a high degree of probability, that you are likely to commit a relevant offence if you are released in the community at the end of your sentence without being subject to an order.

When deciding whether or not to make an extended supervision order, the court must take into account any assessment reports filed with the court, any other reports made by or evidence given by a medical expert and it may have regard to anything else that it considers appropriate.

You or the Secretary may dispute the whole or any part of an assessment report or report by a medical expert by filing with the court a notice of intention to dispute. This means that once a notice has been filed the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters and have had the opportunity to cross-examine the author of the report.

THE COURT'S DECISION

The court will decide whether or not you should be subject to an extended supervision order.

The court must state the reasons for its decision.

The court must cause a copy of any order to be given to you.

YOUR RIGHTS

You have the following rights in relation to an application for an extended supervision order—

to have the application heard and determined by the *Supreme Court/ *County Court;
to be legally represented at the hearing of the application;
to obtain one or more independent assessment reports.

If the court makes you subject to an extended supervision order, you have the right—

Form 1

to appeal against the making of the extended supervision order; and
to seek the permission of the court for it to review the extended supervision order.

*Delete if inapplicable

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Form 2 amended by S.R. No. 133/2006 reg.5.

Form 2

Regulation 6

Notice to Offender of Application to Review an Extended Supervision Order

Serious Sex Offenders Monitoring Act 2005

Section 22(1)

GENERAL INFORMATION

To—[Name of offender]

This Notice has been served on you because you are subject to an extended supervision order made by the *Supreme Court/*County Court under the Serious Sex Offenders Monitoring Act 2005 and an application has been made to the court for it to review the order to determine whether it should remain in force or whether it should be revoked.

This Notice provides information about the procedure for hearing and determining the application and your rights in relation to its hearing and determination.

If you have any questions about this information or your rights you should seek legal advice.

REASONS FOR APPLICATION FOR REVIEW OF AN EXTENDED SUPERVISION ORDER

Automatic review by the court

The court must review an extended supervision order—

at least every 3 years after the order was made; or
within any earlier review date set by the court.

Application by the Secretary for review of an Extended Supervision Order

The Secretary to the Department of Justice ("the Secretary") may apply at any time to the court for a review of the extended supervision order.

The Court is reviewing the extended supervision order because—

an automatic review must be conducted; or
the Secretary has applied for a review.

HEARING AND DETERMINATION OF APPLICATION FOR REVIEW OF AN EXTENDED SUPERVISION ORDER

Form 2

Before the hearing

Documents

The Secretary must give you—

a copy of the application; and
a copy of any assessment report that accompanied the application; and
a notice setting out your rights in relation to the hearing and the procedure for the hearing and determination of the application (thisnotice).

Assessment Report

Timing of the hearing

Legal representation

You have the right to be legally represented at the hearing. The hearing will not begin until the court is satisfied that you have had a reasonable opportunity to obtain legal representation.

Independent assessment report

You have the right to obtain one or more independent assessment reports. If you obtain an independent assessment report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. Thehearing will not begin until the court is satisfied that you have had areasonable opportunity to obtain an independent assessment report. Thecourt may direct you and/or the Secretary to obtain other assessment reports or reports of another kind.

THE HEARING

Form 2

You must be present during the hearing of the application unless—

your actions at the hearing make this impracticable. If this happens the court can order that you be removed and continue to hear the application in you absence; or
you are unable to be present and the court is satisfied that conducting the hearing will not prejudice your interests and the interests of justice require that the hearing take place in your absence.

At the hearing of the application the Secretary may argue that you should be subject to an extended supervision order. You have the right to argue that you should not be subject to an extended supervision order.

The court must revoke the extended supervision order unless it is satisfied to a high degree of probability that you are likely to commit a relevant offence if you are in the community and are not subject to an extended supervision order.

When deciding whether or not to make an extended supervision order the court must take into account any assessment reports filed with the court, any other reports made by or evidence given by a medical expert and it may have regard to anything else it considers appropriate.

THE COURT'S DECISION

The court that reviews an extended supervision order must state the reasons for its decision.

The court must cause a copy of any order to be given to you.

YOUR RIGHTS

Form 2

You have the right—

to have the application for the review of your extended supervision order heard and determined by the *Supreme Court/*County Court;
to be legally represented at the review of the extended supervision order.

If the court decides not to revoke the extended supervision order, you have the following rights—

to appeal to the Court of Appeal against the decision not to revoke the extended supervision order; and
to seek the permission of the court for it to review the extended supervision order.

*Delete if inapplicable