Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 3

Definitions

In this Act—

"Adult Parole Board" means the Adult Parole Board established under the Corrections Act 1986 ;

"assessment report "means a report referred to in section 269;

"authorised instrument of restraint" means an instrument, or a type of instrument, that is approved under section 55D of the Corrections Act 1986 and is used in the manner determined by the Secretary under that section;

"Authority" means the Post Sentence Authority continued in existence under section 290;

"certificate of available resources "means a certificate referred to in section 344;

"Chief Commissioner of Police" means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013 ;

"Commissioner" means the person employed as Commissioner under section 8A of the Corrections Act 1986 ;

"community corrections officer" has the same meaning as in the Corrections Act 1986 ;

"coordinated services plan" means a plan referred to in section 332 ;

"core conditions", in relation to a supervision order or an interim supervision order, means the conditions set out in section 31;

"custodial sentence" means—

        (a)     a sentence imposed by a court that an offender serve a term of imprisonment; or

        (b)     that part of an old combined custody and treatment order (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ) which an offender serves in a prison; or

        (c)     that part of a sentence imposed by a court that an offender be detained in a youth justice centre which an offender serves in a prison or police gaol (excluding any period in a prison or police gaol solely on a temporary basis pending transfer to or from a youth justice centre); or

        (d)     an order made under section 18M of the Sentencing Act 1991 ; or

        (e)     an order made under section 31(5)(a) or (b) of the Sentencing Act 1991 (as in force before its repeal); or

        (f)     an order made under section 83AR(1)(a) or (b) of the Sentencing Act 1991 (as in force before its repeal); or

        (g)     a court secure treatment order made under section 94B of the Sentencing Act 1991 or an order taken to be a court secure treatment order by section 94G of that Act—

but does not include—

        (h)     a suspended sentence of imprisonment except as provided in paragraph (e) or (f); or

              (i)     a drug treatment order referred to in section 18ZT of the Sentencing Act 1991 ; or

        (j)     an intensive correction order made under section 19 of the Sentencing Act 1991 (as in force before its repeal); or

        (k)     a community correction order made under Part 3A of the Sentencing Act 1991 ; or

        (l)     an order made under section 59 of the Corrections Act 1986 (as in force before its repeal);

"designated mental health service" has the same meaning as in the Mental Health Act 2014 ;

"detention order" means an order made under section 62 or 73 and includes any extension of the order;

"DPP" means the Director of Public Prosecutions for Victoria;

eligible offender has the meaning set out in section 8;

"emergency detention order "means an order made under section 89 or 120;

"firearms authority" means a licence, permit or other authority under the Firearms Act 1996 to possess, carry or use firearms;

"garment search" means a search of any article of clothing worn by a person or in the person's possession, where the article of clothing is touched or removed from the person's body;

"immigration detention "has the same meaning as in section 5 of the Migration Act 1958 of the Commonwealth;

"indefinite sentence "has the same meaning as in the Sentencing Act 1991 ;

"intensive treatment and supervision condition" means a condition on a supervision order imposed under section 32;

"interim detention order" means an order made under section 76 or 122;

"interim supervision order" means an order made under section 47 or 122;

"law enforcement agency" means—

        (a)     Victoria Police; or

        (b)     the Australian Federal Police;

"legal practitioner" means an Australian legal practitioner;

"medical expert" means—

        (a)     a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the speciality of psychiatry (other than as a student); or

        (b)     a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or

        (c)     a person who is qualified or registered to practise psychology in a place outside Australia; or

        (d)         any other health service provider (within the meaning of the Health Complaints Act 2016 ) of a prescribed kind;

"notice to attend" means a notice served under section 303 requiring a person to attend a meeting of the Authority;

"notice to produce" means a notice served under section 303 requiring a person to produce a specified document or other thing to the Authority;

"officer in charge" means—

        (a)     in the case of a residential facility, the officer in charge of the residential facility; or

        (b)     in the case of a residential treatment facility, the officer in charge of the residential treatment facility; or

        (c)     in the case of any other place where an offender resides, the Commissioner;

"pat-down search" means a search of a person where the person's clothed body is touched;

"physical examination" means an examination of a person's body that involves touching of the person or removal of the person's clothing;

"police gaol" has the same meaning as in the Corrections Act 1986 ;

"prison" has the same meaning as in the Corrections Act 1986 ;

"prison officer" has the same meaning as in the Corrections Act 1986 ;

"progress report" means a report referred to in section 270 ;

"registered dentist" means a person registered under the Health Practitioner Regulation National Law—

        (a)     to practise in the dental profession as a dentist (other than as a student); and

        (b)     in the dentists division of that profession;

"registered nurse" means a person registered under the Health Practitioner Regulation National Law—

        (a)     to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and

        (b)     in the registered nurses division of that profession;

"remotely-piloted aircraft "includes the controls for the aircraft;

"residential facility "means premises appointed under section 178 to be a residential facility;

"residential treatment facility "means premises appointed under section 195 to be a residential treatment facility;

"responsible agency" means—

        (a)     the Secretary; or

        (b)     the Secretary to the Department of Health and Human Services; or

        (c)     the Chief Commissioner of Police; or

        (d)     a prescribed person or body, if any;

"restrictive condition" means—

        (a)     a core condition referred to in section 31(2), (3), (4), (5), (7) or (9); or

        (b)     a condition declared under section 41 to be a restrictive condition;

"scanning search" means a search of a person, or of the property of a person, using an electronic or other device, during which the person is not touched;

"Secretary" means the Secretary to the Department of Justice and Regulation;

"security officer" has the same meaning as in the Corrections Act 1986 ;

"serious sex offence" means an offence referred to in Schedule 1;

"serious violence offence" means an offence referred to in Schedule 2;

"specified officer "means a person authorised to act as a specified officer under section 340;

"supervision officer" means—

        (a)     a community corrections officer; or

        (b)     an employee in the public service who is working at a residential facility or a residential treatment facility and is engaged in the supervision of offenders or the day to day management of the facility;

"supervision order" means an order made under section 14, 24 or 62 and includes any extension of the order;

"treatment and supervision plan" means a plan referred to in section 274;

"weapons approval" means an approval under section 8C of the Control of Weapons Act 1990 ;

"weapons exemption" means an exemption granted under section 8B of the Control of Weapons Act 1990 ;

"working day"—

        (a)     in relation to a court, means a day on which the offices of the court are open; and

        (b)     in relation to the Secretary, means a day on which the principal office of the Department of Justice and Regulation is open.



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