SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018)

Victorian Numbered Acts

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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

Division 1--Court in which to commence application

12. Court in which to commence application

Division 2--Making of supervision order

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

Division 3--Conditions of supervision order

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.

Division 4--Restrictive conditions and temporary conditions

40. Application for declaration that condition is a restrictive condition
41. Court may declare condition to be a restrictive condition
42. Temporary conditions

Division 5--Extension of intensive treatment and supervision condition

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

Division 1--of Part 18 sets out requirements for a progress report.

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

Division 1--Appeals relating to orders made under Part 3, 4, 5, 6, 7 or 8

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

Division 2--Appeals relating topublication of information

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

Division 1--Holding power if imminent risk of contravention

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

Division 2--Power of arrest

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

Division 3--Contravention of 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

Division 1--Management of offenders at residential facilities

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

Division 2--Management of offenders at residential treatment facilities

195. Appointment of residential treatment facility
196. Purpose of residential treatment facility
197. Application of Division 1

Division 1--(except sections 178, 179, 185 and 188) applies to a residential treatment facility as if a reference to a residential facility were a reference to a residential treatment facility.

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

Division 3--Management of offenders at other places

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

Division 4--Alcohol and drug testing of offenders

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

Division 1--Definitions

217. Definitions

Division 2--General search and seizure powers

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

Division 3--Search and seizure in respect of offenders residing at residential facilities or residential treatment facilities

222. Definition
223. Search outside premises
224. Search inside premises
225. Seizure and examination at premises

Division 4--Search and seizure in respect of offenders residing at places other than residential facilities or residential treatment facilities

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

Division 5--Computers and other devices

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

Division 6--General provisions relating to seized things

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

Division 1--Preparation of assessment reports and progress reports

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

Division 2--Disputed reports

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

Division 3--Preparation of treatment and supervision plans

274. Treatment and supervision plan
275. Provision of treatment and supervision plan to Authority and responsible agencies

PART 19--RESTRICTION AND SHARING OF INFORMATION

Division 1--Publication

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

Division 2--Recording and sharing of 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

Division 1--Continuation of 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

Division 2--Notices to produce or attend

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

Division 3--Miscellaneous matters

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

Division 4--Security at Authority premises

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

Division 6--of Part 14, with any necessary modifications, applies to a thing seized under this Division.

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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