Victorian Numbered Acts

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 14

    (1)     On an application under section 13, the court may make a supervision order in respect of an eligible offender if, and only if, the court is satisfied that—

        (a)     in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious sex offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a supervision order is not made and the offender is in the community; or

        (b)     in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious violence offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a supervision order is not made and the offender is in the community.

    (2)     In determining whether an offender poses or will pose an unacceptable risk under subsection (1)—

        (a)     the court must have regard to—

              (i)     subject to section 273, any assessment report or progress report filed in relation to the application, whether by the Secretary or the offender; and

              (ii)     any other report filed, tendered or made, or evidence given, in relation to the application; and

              (iii)     any other matter the court considers appropriate; and

        (b)     the court must not have regard to—

              (i)     the means of managing the risk; or

              (ii)     the likely impact of a supervision order on the offender.

    (3)     For the purposes of subsection (1), the court must be satisfied by acceptable, cogent evidence to a high degree of probability that the offender poses or will pose an unacceptable risk.

    (4)     The court may determine that an offender poses or will pose an unacceptable risk under subsection (1) even if the likelihood that the offender will commit a serious sex offence or a serious violence offence or both is less than more likely than not.

    (5)     The Secretary has the burden of proving that an offender poses or will pose an unacceptable risk under subsection (1).

    (6)     If the court is satisfied as required by subsection (1), the court may—

        (a)     make a supervision order; or

        (b)     make no order.

    (7)     The court may hear and determine an application under section 13 even if the offender has ceased to be an eligible offender because—

        (a)     the custodial sentence has been served or has expired; or

        (b)     the offender is no longer subject to a detention order.

    (8)     The court may hear and determine an application under section 13 even if the offender is remanded in custody or is serving a custodial sentence.