Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 148

Attendance of offender at meetings of Authority

    (1)     If required by the Authority, an offender must attend a meeting of the Authority for a purpose relating to the giving of a direction or instruction by the Authority.

    (2)     An offender who has specified under section 147 that the offender wishes to attend a meeting of the Authority to be heard in relation to the submissions is entitled to be present at the part of a meeting of the Authority at which the Authority considers the submissions.

    (3)     At the meeting the offender—

        (a)     must be given the opportunity to be heard in relation to the direction; and

        (b)     may ask the reasons for the direction; and

        (c)     may give a response to those reasons.

    (4)     For the purposes of this section, an offender may be present before the Authority by audio visual link or audio link.

    (5)     For the purposes of subsection (4), the Authority must be satisfied that both the place where the meeting of the Authority is to be held and the place where the offender is are equipped with facilities that—

        (a)     if the offender is present by audio visual link

              (i)     enable all the members of the Authority attending the meeting to see and hear the offender; and

              (ii)     enable the offender to see and hear all the members of the Authority attending the meeting; or

        (b)     if the offender is present by audio link

              (i)     enable all the members of the Authority attending the meeting to hear the offender; and

              (ii)     enable the offender to hear all the members of the Authority attending the meeting.

    (6)     The Authority may hold a meeting of a kind referred to in subsection (2) in the absence of the offender if the Authority is satisfied that the offender does not wish to be present at the meeting.

    (7)     In this section—

"audio link" means facilities (including telephone) that enable audio communication between persons at different places;

"audio visual link" means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places.



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