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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Offender still serving sentence when on parole  
   5.      Safety and protection of community paramount in any decision under this Act  
   6.      Nature of proceeding  
   7.      Operation of supervision order or interim supervision order  

   PART 2--ASSESSMENT OF ELIGIBLE OFFENDERS

   8.      Eligible offender  
   9.      Secretary may decide to proceed with application for order  
   10.     Referral to DPP  
   11.     When DPP decides not to apply for detention order  

   PART 3--SUPERVISION ORDERS

   12.     Court in which to commence application  
   13.     Application for supervision order  
   14.     Determination of application for supervision order  
   15.     Conditions of supervision order  
   16.     Content of supervision order  
   17.     Copy of supervision order  
   18.     Commencement of supervision order  
   19.     Period of supervision order  
   20.     Suspension of conditions of supervision order  
   21.     Expiry of supervision order  
   22.     Application for renewal of supervision order  
   23.     Progress report may be prepared  
   24.     Determination of application for renewal of supervision order  
   25.     Renewed supervision order  
   26.     Notices in relation to indefinite sentence  
   27.     Purposes of conditions of supervision order  
   28.     Submissions relating to conditions  
   29.     Consideration of certificate of available resources  
   30.     Court may consider other orders  
   31.     Core conditions of supervision order  
   32.     Intensive treatment and supervision condition  
   33.     Court must consider imposing conditions under sections 34 and 35  
   34.     Other conditions relating to residence  
   35.     Suggested conditions  
   36.     Condition authorising Authority to give directions  
   37.     Condition as to firearms and weapons  
   38.     Discretion to impose any other condition  
   39.     Cancellation of firearms authority etc.  
   40.     Application for declaration that condition is a restrictive condition  
   41.     Court may declare condition to be a restrictive condition  
   42.     Temporary conditions  
   43.     Application to extend intensive treatment and supervision condition  
   44.     Determination of application to extend intensive treatment and supervision condition  

   PART 4--INTERIM SUPERVISION ORDERS

   45.     Definition  
   46.     Application for interim supervision order  
   47.     Determination of application for interim supervision order  
   48.     Content of interim supervision order  
   49.     Conditions of interim supervision order  
   50.     Condition as to firearms and weapons  
   51.     Suspension of firearms authority etc.  
   52.     Copy of interim supervision order  
   53.     Commencement of interim supervision order  
   54.     Period of interim supervision order  
   55.     Suspension of conditions of interim supervision order  
   56.     Expiry of interim supervision order  
   57.     Application to extend interim supervision order  
   58.     Determination of application to extend interim supervision order  
   59.     Content of order extending interim supervision order  
   60.     Copy of order on application to extend interim supervision order  

   PART 5--DETENTION ORDERS

   61.     Application for detention order  
   62.     Determination of application for detention order  
   63.     Finding of unacceptable risk  
   64.     Detention order only option  
   65.     Content of detention order  
   66.     Effect of detention order  
   67.     Copy of detention order  
   68.     Commencement of detention order  
   69.     Period of detention order  
   70.     Expiry of detention order  
   71.     Application for renewal of detention order  
   72.     Progress report may be prepared  
   73.     Determination of application for renewal of detention order  
   74.     Renewed detention order  

   PART 6--INTERIM DETENTION ORDERS

   75.     Application for interim detention order  
   76.     Determination of application for interim detention order  
   77.     Content of interim detention order  
   78.     Effect of interim detention order  
   79.     Copy of interim detention order  
   80.     Commencement of interim detention order  
   81.     Period of interim detention order  
   82.     Expiry of interim detention order  
   83.     Application to extend interim detention order  
   84.     Determination of application to extend interim detention order  
   85.     Content of order extending interim detention order  
   86.     Copy of order on application to extend interim detention order  

   PART 7--EMERGENCY DETENTION ORDERS

   87.     Application for emergency detention order  
   88.     Application may be heard and determined in absence of offender  
   89.     Determination of application for emergency detention order  
   90.     Content of emergency detention order  
   91.     Copy of emergency detention order  
   92.     Commencement of emergency detention order  
   93.     Period of emergency detention order  
   94.     Effect of emergency detention order  
   95.     Warrant to detain  
   96.     Directions in, and authority of, warrant to detain  

   PART 8--REVIEW OF ORDERS AND CONDITIONS

   97.     Applications under this Part  
   98.     Progress report must be prepared  
   99.     Periodic review of supervision order  
   100.    Periodic review of detention order  
   101.    Offender serving custodial sentence or in custody on remand at time of review  
   102.    Leave for review  
   103.    Form of application  
   104.    Purpose of review  
   105.    Matters to be considered by the court  
   106.    Decision on supervision order—general  
   107.    Application for detention order and interim detention order during review of supervision order  
   108.    Application for review of detention order  
   109.    Effect of custodial order on time for review  
   110.    Application for review of condition of supervision order or interim supervision order  
   111.    Power of court on review of conditions  
   112.    Leave not required in certain circumstances for review of core conditions  
   113.    Application for review of intensive treatment and supervision condition  
   114.    Determination of application for review of intensive treatment and supervision condition  

   PART 9--APPEALS

   115.    Appeal by offender  
   116.    Appeal by the Secretary  
   117.    Appeal by the DPP  
   118.    How appeal is commenced  
   119.    Conduct of appeal and powers to consider new evidence  
   120.    Determination of appeal against decision not to make emergency detention order  
   121.    Powers of Court of Appeal  
   122.    Court of Appeal may make interim supervision order or interim detention order  
   123.    Appeal relating to publication of information  

   PART 10--PROCEDURE RELATING TO APPLICATIONS

   124.    Exclusion of evidence from disclosure  
   125.    Hearing of application  
   126.    Directions hearings  
   127.    Court may order offender to attend for personal examination  
   128.    Attendance of offender at hearings  
   129.    Adjournment of hearing  
   130.    Legal representation  
   131.    Admissibility of evidence  
   132.    Matters to which court may have regard  
   133.    Reasons for determination  
   134.    Victim submission  
   135.    Victim submission not to be released to offender without consent  
   136.    Power to issue arrest warrant  
   137.    Execution of warrant to arrest  
   138.    Arrested offender to be brought before court  

   PART 11--AUTHORITY MAY GIVE DIRECTIONS OR INSTRUCTIONS TO OFFENDERS ON SUPERVISION ORDERS OR INTERIM SUPERVISION ORDERS

   139.    Directions by Authority  
   140.    Directions by Authority authorised by condition of supervision order or interim supervision order  
   141.    Electronic monitoring directions by Authority  
   142.    Emergency power of direction  
   143.    Urgent review of conditions of supervision order or interim supervision order  
   144.    Report to the court  
   145.    Instructions  
   146.    Notice of directions or instructions  
   147.    Offender may make submissions  
   148.    Attendance of offender at meetings of Authority  
   149.    Decision of Authority on submissions  
   150.    Reasons for directions  
   151.    Offender may inspect documents with permission of the Authority  
   152.    Authority must notify Secretary of certain matters  
   153.    Victim submissions  
   154.    How victim submissions are dealt with by the Authority  

   PART 12--CONTRAVENTION OF SUPERVISION ORDER OR INTERIM SUPERVISION ORDER

   155.    Police officer may apprehend and detain offender subject to supervision order or interim supervision order  
   156.    Search of detained offender  
   157.    Use of reasonable force  
   158.    Procedural requirements after apprehension  
   159.    Duration of detention  
   160.    No questioning during detention  
   161.    Secretary to be notified of apprehension and detention  
   162.    Police officer may arrest without warrant  
   163.    Entry and search of premises in order to arrest offender  
   164.    Announcement before entry  
   165.    Warning that search or seizure is to occur and that reasonable force may be used  
   166.    Reporting of use of force  
   167.    Reporting of use of power of entry  
   168.    Power to arrest offender in residential treatment facility suspected of contravening supervision order or interim supervision order  
   169.    Offence to contravene supervision order or interim supervision order  
   170.    Authority may inquire into contravention  
   171.    Procedure on inquiry  
   172.    Serious contravention  
   173.    Commencement of criminal proceeding for offence against section 169  
   174.    Supreme Court or County Court may conduct summary hearing  
   175.    Transfer of proceeding for related summary offence  
   176.    Hearing and determination of related summary offence by Supreme Court or County Court  
   177.    Failure to attend  

   PART 13--MANAGEMENT OF OFFENDERS

   178.    Appointment of residential facility  
   179.    Purpose of residential facility  
   180.    Management of residential facility  
   181.    Persons working at residential facility to be subject to direction  
   182.    Duties of supervision officers and specified officers  
   183.    Officers may give instructions  
   184.    Officers may use force to enforce instructions in certain circumstances  
   185.    Offender entitled to enter and leave residential facility  
   186.    Access to residential facility  
   187.    Visitors  
   188.    Exclusion of visitors for safety reasons  
   189.    Visitors to give certain information  
   190.    Offences relating to operation or possession of remotely-piloted aircraft or helicopter  
   191.    Officer in charge may give authorisation for operation of remotely-piloted aircraft or helicopter  
   192.    Arrest of person for offence relating to operation or possession of remotely-piloted aircraft or helicopter  
   193.    Photographing  
   194.    Reporting of use of force or application of authorised instrument of restraint  
   195.    Appointment of residential treatment facility  
   196.    Purpose of residential treatment facility  
   197.    Application of Division 1  
   198.    Offender movement in residential treatment facility  
   199.    Offender must not enter and leave residential treatment facility other than in accordance with supervision order, treatment and supervision plan, etc.  
   200.    Offenders' rights  
   201.    Certain letters may be inspected  
   202.    Letter register  
   203.    Visits by Judges or independent prison visitors  
   204.    Visit by independent prison visitor  
   205.    Exclusion of visitors and termination of visits for safety and security reasons  
   206.    Application of Division  
   207.    Management of offender  
   208.    Officers to be subject to direction  
   209.    Officer may give instructions  
   210.    Reporting of use of force  
   211.    Definitions  
   212.    Application of Division  
   213.    Testing of offenders by officers  
   214.    Secretary to approve test procedures  
   215.    Taking of samples of drugs and alcohol  
   216.    Testing of offenders by police officers  

   PART 14--ENTRY, SEARCH AND SEIZURE

   217.    Definitions  
   218.    Search powers  
   219.    Seizure and examination powers  
   220.    Warning that search or seizure is to occur and that reasonable force may be used  
   221.    Reporting of use of force  
   222.    Definition  
   223.    Search outside premises  
   224.    Search inside premises  
   225.    Seizure and examination at premises  
   226.    Application of Division  
   227.    Search of offenders residing at places other than residential facilities or residential treatment facilities  
   228.    Seizure and examination of offenders at other places  
   229.    Powers of entry and search by police officer  
   230.    Announcement before entry  
   231.    Report to Authority  
   232.    Definitions  
   233.    Offender to comply with direction  
   234.    Entry and search if offender fails to comply  
   235.    Seizure and examination if offender fails to comply  
   236.    Officer may direct offender to provide assistance—computers and other devices  
   237.    Register of things seized by police officers  
   238.    Register of things seized by officers other than police officers  
   239.    Things seized by officers must be photographed or otherwise recorded  
   240.    Officer must provide receipt for seized things  
   241.    Retention by Chief Commissioner of Police or Commissioner of seized things  
   242.    Return of seized things if grounds for seizure no longer applies  
   243.    Return of seized things—retrieval notices  
   244.    Return of seized property—application to Magistrates' Court  
   245.    Chief Commissioner of Police or Commissioner may apply to Magistrates' Court for disposal or destruction order  
   246.    Proceeds of sale or disposal to be paid into Consolidated Fund  
   247.    Destruction or disposal of seized things with owner's consent  
   248.    No liability for use of force in accordance with certain provisions  

   PART 15--REMOVAL OF ELECTRONIC MONITORING DEVICES AND EQUIPMENT

   249.    Application  
   250.    Definition  
   251.    Who may remove electronic monitoring devices and equipment  
   252.    Removal of electronic monitoring devices and equipment  
   253.    Commissioner may authorise employee to exercise powers of officer  

   PART 16--MANAGEMENT OF OFFENDERS SUBJECT TO DETENTION ORDERS, INTERIM DETENTION ORDERS OR EMERGENCY DETENTION ORDERS

   254.    Application  
   255.    Status of offender on detention order, interim detention order or emergency detention order  
   256.    Function of Authority in relation to detention orders, interim detention orders and emergency detention orders  

   PART 17--CHANGE OF NAME

   257.    Application of Part  
   258.    Definitions  
   259.    Applications for change of name by or on behalf of an offender  
   260.    Approval by Authority  
   261.    Approval to be notified in writing  
   262.    Registration of change of name  
   263.    Registrar may correct Register  
   264.    Information sharing between the Secretary and the Victorian Registrar  
   265.    Notice to Secretary  

   PART 18--REPORTS AND PLANS

   266.    Secretary may direct eligible offender to attend examination or assessment  
   267.    Assessment report or progress report to be prepared by medical expert  
   268.    Additional assessment  
   269.    Content of assessment report  
   270.    Content of progress report  
   271.    Notice of intention to dispute report  
   272.    Disputed report—application for interim order or emergency detention order  
   273.    Disputed report—application for any other order  
   274.    Treatment and supervision plan  
   275.    Provision of treatment and supervision plan to Authority and responsible agencies  

   PART 19--RESTRICTION AND SHARING OF INFORMATION

   276.    Definition  
   277.    Offence to publish certain information  
   278.    Order authorising publication  
   279.    Order restricting publication of offender's identity  
   280.    Matters to which court must have regard  
   281.    Offence to publish information  
   282.    Record of eligible offenders  
   283.    Additional information to be obtained by Secretary  
   284.    Sharing of information  
   285.    Guidelines for disclosure  
   286.    Sharing information with responsible person  
   287.    Sharing information with health care providers  
   288.    Disclosure of certain information is not contravention of section 4 of Judicial Proceedings Reports Act 1958  
   289.    Exemption from Freedom of Information Act 1982  

   PART 20--POST SENTENCE AUTHORITY

   290.    Continuation of Post Sentence Authority  
   291.    Functions of Authority  
   292.    Powers of Authority  
   293.    Membership of Authority  
   294.    Chairperson and deputy chairperson of Authority  
   295.    Acting appointments  
   296.    Terms and conditions of office  
   297.    Chairing of meetings  
   298.    Meetings  
   299.    Validity of acts or decisions of Authority  
   300.    Vacancies, resignations and removal from office  
   301.    Employees and contractors  
   302.    Member may act on behalf of Authority  
   303.    Power of Authority to compel production of documents and other things or attendance of witnesses  
   304.    Person may dispute notice to produce or notice to attend  
   305.    Variation or revocation of notice to produce or notice to attend  
   306.    Service of notice to produce or notice to attend  
   307.    Powers in relation to documents and other things produced  
   308.    Power to compel attendance or production does not affect power of Authority to direct or instruct offenders  
   309.    Appearance by audio visual link  
   310.    Notice to attend served on person serving custodial sentence or in custody on remand  
   311.    Power to take evidence on oath or by affirmation  
   312.    Offence to fail to comply with a notice to produce or attend  
   313.    Offence to fail to take oath, make affirmation or answer question  
   314.    Protection of participants at Authority meeting  
   315.    Immunity of member of Authority  
   316.    Annual report  
   317.    Other reports  
   318.    Information to be provided to Authority  
   319.    Functions of security officers  
   320.    Search and seizure powers of security officers  
   321.    Warning that search or seizure is to occur and that reasonable force may be used  
   322.    Security officer may give directions  
   323.    Security officer may arrest without warrant  
   324.    Seizure of things—reporting and recording  
   325.    Reporting of use of force or application of instrument of restraint  
   326.    Seized things  
   327.    No liability  

   PART 21--COOPERATION AND COORDINATION BETWEEN RESPONSIBLE AGENCIES

   328.    Application of Part  
   329.    Responsible agency must act in accordance with principle of shared responsibility  
   330.    Responsible agencies must establish panel  
   331.    Responsible agencies to agree on coordinated services plan for each offender  
   332.    Content of coordinated services plan  
   333.    Responsible agencies to give copy of plan to Authority  
   334.    Authority to review coordinated services plans  
   335.    Responsible agencies to review and report on coordinated services plan  
   336.    Expiry of plan  
   337.    Responsible agency may seek services or advice  
   338.    Delegation  
   339.    Legal rights not affected  

   PART 22--GENERAL

   340.    Persons authorised to act as specified officers  
   341.    Sex offender registration order under Sex Offenders Registration Act 2004  
   342.    Service of documents  
   343.    Costs  
   344.    Certificate of available resources  
   345.    Delegation by Secretary  
   346.    Delegation by Commissioner  
   347.    Grants by Minister  
   348.    Review of Act  
   349.    Regulations  

   PART 23--REPEAL AND TRANSITIONAL PROVISIONS

   350.    Repeal  
   351.    Savings and transitional provisions  

   PART 24--CONSEQUENTIAL AMENDMENT OF OTHER ACTS

   352.    Bail Act 1977  
   353.    Civil Procedure Act 2010  
   354.    Corrections Act 1986—new Division 2 inserted in Part 1A  
   355.    Corrections Act 1986—other consequential amendments  
   356.    Criminal Organisations Control Act 2012  
   357.    Criminal Procedure Act 2009  
   358.    Disability Act 2006  
   359.    Firearms Act 1996  
   360.    Health Records Act 2001  
   361.    Open Courts Act 2013  
   362.    Privacy and Data Protection Act 2014  
   363.    Public Prosecutions Act 1994  
   364.    Sentencing Act 1991  
   365.    Sex Offenders Registration Act 2004  
   366.    Surveillance Devices Act 1999  
   367.    Supreme Court Act 1986  
   368.    Transport (Compliance and Miscellaneous) Act 1983  
   369.    Working with Children Act 2005  
   370.    Wrongs Act 1958  
   371.    Victims' Charter Act 2006  
   372.    Repeal of amending Part  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES


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