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SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) ACT 2009


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes and outline  
   2.      Commencement  
   3.      Definitions  
   4.      Who is an eligible offender?  
   5.      Offender still serving a sentence when on parole  
   6.      Functions and powers of Adult Parole Board  
   6A.     Safety and protection of the community paramount in any decision under this Act  
   6B.     Sex offender registration order under Sex Offenders Registration Act 2004  

   PART 2--SUPERVISION ORDERS

   7.      Secretary may apply for a supervision order  
   8.      Form of application  
   9.      When may a court make a supervision order?  
   10.     Supervision order  
   11.     Commencement of supervision order  
   12.     Period of supervision order  
   13.     Effect of new supervision order on existing supervision order  
   14.     Copy of order to go to Adult Parole Board  
   15.     Conditions of supervision order  
   16.     Core conditions of supervision order  
   17.     Suggested conditions  
   18.     Conditions relating to where an offender is to reside  
   19.     Other discretionary conditions  
   20.     Condition authorising Adult Parole Board to give directions  
   21.     Submissions relating to conditions  
   22.     Certificate of available resources  
   23.     Court to consider victim submissions  
   24.     Temporary conditions  
   24A.    Court may declare a condition to be a restrictive condition  
   25.     Expiry of supervision order  
   26.     Notices in relation to indefinite sentence  
   27.     Effect of expiry of supervision order  
   28.     Renewal of supervision order  
   28A.    Determination of application to renew supervision order  
   29.     Renewed supervision order  
   30.     Commencement of renewed supervision order  
   31.     Effect of renewed order  
   32.     Copy of renewed order to go to Adult Parole Board  

   PART 3--DETENTION ORDERS

   33.     Director of Public Prosecutions may apply for a detention order  
   34.     Form of application  
   35.     Court must first be satisfied that there is an unacceptable risk  
   36.     Decision to make order  
   37.     Evidence to be of sufficient weight to justify decision  
   38.     Detention order  
   39.     Commencement of detention order  
   40.     Period of detention order  
   41.     Effect of new detention order on existing detention order  
   42.     Effect of detention order  
   43.     Copy of detention order to go to Adult Parole Board  
   44.     Expiry of detention order  
   45.     Renewal of detention order  
   45A.    Determination of application to renew detention order  
   46.     Renewed detention order  
   47.     Commencement of renewed order  
   48.     Effect of renewed order  
   49.     Copy of renewed order to go to Adult Parole Board  

   PART 4--INTERIM ORDERS

   50.     Secretary may apply for interim supervision order  
   51.     Director of Public Prosecutions may apply for interim detention order  
   52.     When court may determine application if offender is no longer serving custodial sentence  
   53.     When may a court make an interim supervision order?  
   54.     When may a court make an interim detention order?  
   55.     Interim order  
   56.     Commencement of interim order  
   57.     Period of interim order  
   58.     Conditions of interim supervision order  
   58A.    Provisions affecting interim supervision order  
   59.     Application of Act to interim order  
   60.     Copy of interim order to go to Adult Parole Board  
   61.     Expiry of interim order  
   62.     Effect of expiry of interim supervision order  
   63.     Extension of interim order  
   63A.    Determination of application to extend interim supervision order  
   63B.    Determination of application to extend interim detention order  
   64.     Order extending interim order  

   PART 5--REVIEW OF ORDERS AND CONDITIONS

   65.     Periodic reviews of supervision orders  
   66.     Periodic reviews of detention orders  
   67.     Offender serving custodial sentence or in custody on remand at time of review  
   68.     Leave for review  
   69.     To which court is an application for review to be made?  
   70.     Form of application  
   71.     Purpose of review  
   72.     What is the court to consider?  
   73.     Decision on supervision order—general  
   74.     Application for review of detention order  
   75.     Effect of custodial order on time for review  
   76.     Application of Division  
   77.     Application for review of condition of supervision order  
   78.     Power of court on review  
   78A.    Leave not required in certain circumstances for review of core conditions  

   PART 6--PROCEEDINGS RELATING TO ORDERS

   79.     Nature of proceeding  
   80.     Service of application and other documents  
   81.     Exclusion of evidence from disclosure  
   82.     Hearing of application  
   83.     Directions hearings  
   84.     Court may order offender to attend for examination  
   85.     Attendance of offender at hearings  
   86.     Adjournment of hearing  
   87.     Legal representation  
   88.     Admissibility of evidence  
   89.     Matters to which court may have regard  
   90.     Reasons for decisions  
   91.     Power to issue arrest warrant  
   92.     Execution of arrest warrant  
   93.     Arrested offender to be brought before court  
   94.     Victim submission  
   95.     Victim submission not to be released to offender without consent  

   PART 7--APPEALS

   96.     Appeals by offenders  
   97.     Appeals by the Secretary  
   98.     Appeals by the Director of Public Prosecutions  
   99.     Procedure for appeals  
   100.    Powers to consider new evidence  
   101.    Powers of Court of Appeal  
   102.    Court of Appeal may make interim order  
   103.    Appeal relating to publication of information  

   PART 8--ASSESSMENT OF ELIGIBLE OFFENDERS

   104.    Secretary to consider whether order should be made in respect of eligible offender  
   105.    Referral to Director of Public Prosecutions  
   106.    Who can make an assessment report?  
   107.    Secretary may direct offender to attend for examination  
   108.    Additional assessments  
   109.    What is an assessment report?  
   110.    Progress report to be prepared  
   111.    Application of Division 1  
   112.    Progress report  
   113.    Disputing reports  
   113A.   Disputing reports filed with applications for interim orders  

   PART 9--MANAGEMENT OF OFFENDERS ON DETENTION ORDERS

   114.    Function of Adult Parole Board in relation to detention orders  
   115.    Status of offender on detention orders or interim detention orders  
   116.    Relationship to Corrections Act 1986  

   PART 10--MANAGEMENT OF OFFENDERS ON SUPERVISION ORDERS

   117.    Definition  
   118.    Functions of Adult Parole Board  
   119.    Directions by Adult Parole Board  
   120.    Emergency power of direction  
   121.    Instructions  
   122.    Notice of directions or instructions  
   123.    Offender may make submissions  
   124.    Attendance of offender at meetings of Adult Parole Board  
   125.    Decision of Adult Parole Board on submissions  
   126.    Reasons for directions  
   127.    Offender may inspect documents with permission of the Adult Parole Board  
   128.    Adult Parole Board must notify Secretary of certain matters  
   129.    Victim submissions  
   130.    How victim submissions are dealt with by the Adult Parole Board  
   131.    Urgent review of conditions of supervision order  
   132.    Report to the court  
   133.    Appointment of residential facilities  
   134.    Management of residential facility  
   135.    Persons working at residential facility to be subject to direction  
   136.    Duties of supervision officers and specified officers  
   137.    Officers may give instructions  
   138.    Offender entitled to enter and leave residential facility  
   139.    Visitors  
   140.    Exclusion of visitors for safety reasons  
   141.    Visitors to give certain information  
   142.    Search  
   143.    Seizure and examination  
   144.    Register of seized things  
   145.    Photographing  
   146.    Officers may use force to enforce instructions in certain circumstances  
   147.    Access to residential facility  
   148.    Application of Division  
   149.    Management of offender  
   150.    Officers to be subject to direction  
   151.    Officer may give instructions  
   152.    Search  
   153.    Seizure and examination  
   154.    Register of seized things  
   154A.   Definition  
   155.    Application of Division  
   156.    Offender to submit to testing  
   157.    Secretary to approve test procedures  
   158.    Taking of samples of drugs and alcohol  
   158A.   Application of Division  
   158B.   Offender to submit to testing  
   158BA.  Application of Division  
   158C.   Powers of entry by police officer to monitor compliance  
   158D.   Announcement before entry  
   158DA.  Power to search  
   158DB.  Power to seize and examine seized items  
   158E.   Report to DSO division of Adult Parole Board  
   158F.   Specified officers  
   158G.   Warning that search or seizure is to occur and that reasonable force may be used  
   158H.   Officer may direct offender to provide assistance—computers and other devices  
   158I.   Register of things seized by police officers  
   158J.   Things seized by officers must be photographed or otherwise recorded  
   158K.   Officer must provide receipt for seized things  
   158L.   Retention by Chief Commissioner of Police or Commissioner of seized things  
   158M.   Return of seized things if grounds for seizure no longer applies  
   158N.   Return of seized property—retrieval notices  
   158O.   Return of seized property—application to Magistrates' Court  
   158P.   Chief Commissioner of Police or Commissioner may apply to Magistrates' Court for disposal or destruction order  
   158Q.   Proceeds of sale or disposal to be paid into Consolidated Fund  
   158R.   Destruction or disposal of seized things with owner's consent  
   158S.   No liability  

   PART 11--BREACH OF SUPERVISION ORDER

   159.    Definition  
   160.    Offence to breach order  
   161.    Adult Parole Board may inquire into breach  
   162.    Seriousness of breach  
   163.    Action by Adult Parole Board in respect of breach  
   164.    Criteria for exercise of powers  
   165.    Detention power  
   166.    Search of person  
   167.    Procedural requirements for offender apprehended and detained  
   168.    Duration of holding powers  
   169.    Notice to Secretary  
   170.    No questioning during holding period  
   171.    Powers of arrest  
   171A.   Powers of entry and search by police officer to arrest offender  
   171B.   Announcement before entry  
   171C.   Report to DSO division of Adult Parole Board  
   172.    Proceedings for offence  
   172A.   Transfer of proceedings  
   172B.   Issue of warrant to arrest on failure to comply with bail or summons  

   PART 12--CHANGE OF NAME

   173.    Application of Part  
   174.    Definitions  
   175.    Applications for change of name by or on behalf of an offender  
   176.    Approval by Adult Parole Board  
   177.    Approval to be notified in writing  
   178.    Registration of change of name  
   179.    Registrar may correct Register  
   180.    Information-sharing between the Secretary and the Victorian Registrar  
   181.    Notice to Secretary  

   PART 13--RESTRICTION AND SHARING OF INFORMATION

   182.    Offence to publish certain information  
   183.    Publication order  
   184.    Restriction on identification of offender  
   185.    Matters to which court must have regard  
   186.    Offence to publish information  
   187.    Record of eligible offenders  
   188.    Additional information to be obtained by Secretary  
   189.    Sharing of information  
   190.    Guidelines for disclosure  
   191.    Disclosure of information to responsible persons  
   192.    Sharing information with healthcare providers  
   192A.   Disclosure of certain information is not breach of section 4 of Judicial Proceedings Reports Act 1958  

   PART 14--GENERAL

   193.    Service of documents  
   194.    Costs  
   195.    Certificate of available resources  
   196.    Delegation by Secretary  
   197.    Delegation by Commissioner  
   198.    Regulations  
   199.    Transitional provisions  

   PART 15--REPEAL AND CONSEQUENTIAL AMENDMENT OF OTHER ACTS

   200.    Repeal of Serious Sex Offenders Monitoring Act 2005  
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES


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