Victorian Numbered Acts

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 354

After section 6F of the Corrections Act 1986 insert —

" Division 2—Custody of the Commissioner

        6G     When is a person in the legal custody of the Commissioner?

    (1)     A person is deemed to enter the legal custody of the Commissioner when—

        (a)     a supervision order with an intensive treatment and supervision condition (within the meaning of the Serious Offenders Act 2018 ) is made in relation to the person; and

        (b)     either of the following events occurs—

              (i)     a person acting under lawful authority on behalf of the Commissioner takes physical custody of the person; or

              (ii)     a person at a residential treatment facility (within the meaning of the Serious Offenders Act 2018 ) acting under lawful authority on behalf of the Commissioner receives the person into the facility.

    (2)     A person who enters the legal custody of the Commissioner under subsection (1) is deemed to remain in that custody until that custody ceases under this Part.

    (3)     Subject to section 6H, a person deemed to enter the legal custody of the Commissioner under subsection (1) who is authorised to be absent from a residential treatment facility continues to be in the legal custody of the Commissioner.

        6H     When does legal custody of the Commissioner cease?

    (1)     A person ceases to be in the legal custody of the Commissioner—

        (a)     on the expiration or revocation of—

              (i)     the intensive treatment and supervision condition imposed on the supervision order (within the meaning of the Serious Offenders Act 2018 ) to which the person is subject; or

              (ii)     a supervision order (within the meaning of the Serious Offenders Act 2018 ) to which the person is subject, if a treatment and supervision condition has been imposed on the supervision order; or

        (b)     if legal custody is lawfully transferred from the Commissioner to another person, including—

              (i)     the Secretary under this Act; and

              (ii)     the Chief Commissioner of Police under this Act, the Serious Offenders Act 2018 or any other Act or law; or

        (c)     if the person absconds from a residential treatment facility (within the meaning of the Serious Offenders Act 2018 ); or

        (d)     if the person is in the physical custody of a person acting under lawful authority on behalf of the Commissioner, when the person—

              (i)     absconds from that physical custody; or

              (ii)     wilfully ceases to be in that physical custody; or

        (e)     if the person is authorised to be in the community but is still in the legal custody of the Commissioner, when the person does not return to the residential treatment facility in accordance with that authorisation.

    (2)     For the purposes of subsection (1)(e), authorised means a person who is authorised—

        (a)     under a condition of the supervision order to which the person is subject; or

        (b)     by a direction or instruction of the Post Sentence Authority; or

        (c)     by a supervision officer or a specified officer within the meaning of the Serious Offenders Act 2018 .

        6I     Powers of court or tribunal not affected

    (1)     Every person in the legal custody of the Commissioner under this Part who is brought before a court or tribunal remains in the legal custody of the Commissioner, subject to any lawful order or direction of the court or tribunal.

    (2)     The fact that a person appearing before a court or tribunal is in the legal custody of the Commissioner does not affect any power or authority of the court or tribunal to make orders or directions in relation to the person in respect of the proceedings before the court or tribunal.".