Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 142

Emergency power of direction

    (1)     The emergency power of the Authority is the power to give directions to an offender to manage the offender in a way that is inconsistent with, or not provided for by the conditions of the supervision order or interim supervision order.

    (2)     The Authority may exercise its emergency power to give a direction to the offender if—

        (a)     there is an imminent risk of harm to the offender or to the community; or

        (b)     accommodation specified by the court
as a condition of the order becomes unavailable—

and the Authority believes on reasonable grounds that because of the urgency of the situation it is not practicable for an application to be made to the court for a variation of the conditions of the supervision order or interim supervision order.

    (3)     The Authority may not exercise its emergency power to give a direction to reside at a residential facility to an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious violence offence.

    (4)     The Authority may not exercise its emergency power to give a direction to an offender to reside at a residential treatment facility.

    (5)     An emergency direction ceases to have effect 72 hours after it is given.

    (6)     If the Authority gives a direction under this section, it must notify the Secretary of that direction before it ceases to have effect.



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