Victorian Numbered Regulations

SUPREME COURT (CHAPTER VI SERIOUS OFFENDERS AMENDMENT) RULES 2018 (SR NO 133 OF 2018) - REG 5

For Order 12 of the Principal Rules substitute —

" Order 12—Serious Offenders rules

        12.01     Definitions

In this Order, "the Act" means the Serious Offenders Act 2018 .

        12.02     Application of Order

This Order applies to—

        (a)     a proceeding in the Court under Part 3, 4, 5, 6, 7 or 8 of the Act; and

        (b)     appeals under Part 9 of the Act.

Note

See also Part 10 of the Act for procedure in respect of applications.

        12.03     Application for supervision order and renewal of supervision order

    (1)     A notice of application under section 13 of the Act for a supervision order shall be in Form 6–12A.

    (2)     A notice of application under section 22 of the Act for renewal of a supervision order shall be in Form 6–12B.

        12.04     Supervision order

A supervision order may be in Form 6–12C.

        12.05     Notice of application for declaration that a condition is a restrictive condition

A notice of application under section 40 of the Act for a declaration that a condition of a supervision order is a restrictive condition shall be in Form 6–12D.

        12.06     Notice of application to extend intensive treatment and supervision condition

A notice of application under section 43 of the Act for an extension of an intensive treatment and supervision condition shall be in Form 6–12E.

        12.07     Notice of application for interim supervision order and extension of interim supervision order

    (1)     A notice of application under section 46 of the Act for an interim supervision order shall be in Form 6–12F.

    (2)     Subject to section 57(5) of the Act, a notice of application under section 57 of the Act for extension of an interim supervision order shall be in Form 6–12G.

        12.08     Interim supervision order and order extending interim supervision order

    (1)     An interim supervision order under section 47 of the Act may be in Form 6–12H.

    (2)     An order under section 58 of the Act extending an interim supervision order may be in Form 6–12I.

        12.09     Notice of application for detention order and renewal of detention order

    (1)     A notice of application under section 61 of the Act for a detention order shall be in Form 6–12J.

    (2)     A notice of application under section 71 of the Act for renewal of a detention order shall be in Form 6–12K.

        12.10     Detention order

    (1)     A detention order under section 62 of the Act may be in Form 6–12L.

    (2)     A renewed detention order under section 73 of the Act may be in Form 6–12M.

        12.11     Notice of application for interim detention order and extension of interim detention order

    (1)     A notice of application under section 75 of the Act for an interim detention order shall be in Form 6–12N.

    (2)     Subject to section 83(5) of the Act, a notice of application under section 83 of the Act for extension of an interim detention order shall be in Form 6–12O.

        12.12     Interim detention order and order extending interim detention order

    (1)     An interim detention order under section 76 of the Act may be in Form 6–12P.

    (2)     An order under section 84 of the Act extending an interim detention order may be in Form 6–12Q.

        12.13     Notice of application for emergency detention order

A notice of application under section 87 of the Act for an emergency detention order shall be in Form 6–12R.

        12.14     Emergency detention order

An emergency detention order under section 89 of the Act may be in Form 6–12S.

        12.15     Warrant to detain

A warrant to detain under section 95 of the Act may be in Form 6–12T.

        12.16     Notice of application for review of orders

    (1)     A notice of application by the Secretary under section 99(1) of the Act for review of a supervision order shall be in Form 6–12U.

    (2)     A notice of application by the Director of Public Prosecutions under section 100 of the Act for review of a detention order shall be in Form 6–12V.

        12.17     Application for leave to review supervision order

    (1)     A notice of application under section 102(1) of the Act for leave to apply for a review of a supervision order shall be in Form 6–12W.

    (2)     A notice of an application under sections 102(1) and 112 of the Act for review of a supervision order on the ground of statutory amendments to the core conditions shall be in Form 6–12X.

        12.18     Application for leave to review detention order

A notice of application under section 102(2) of the Act for leave to apply for a review of a detention order shall be in Form 6–12Y.

        12.19     Notice of application for detention order and interim detention order during review of supervision order

    (1)     A notice of application under section 107(1) of the Act for a detention order shall be in Form 6–12J with any necessary modifications.

    (2)     A notice of application under section 107(3) of the Act for an interim detention order shall be in Form 6–12N with any necessary modifications.

        12.20     Notice of application for review of conditions of supervision order or interim supervision order

A notice of application under section 110 of the Act for leave to apply for a review of any condition of a supervision order or an interim supervision order (other than a core condition) shall be in Form 6–12Z.

        12.21     Notice of application for review of intensive treatment and supervision condition

A notice of application under section 113 of the Act for a review of an intensive treatment and supervision condition imposed on a supervision order shall be in Form 6–12ZA.

        12.22     Notice of appeal

    (1)     A notice of appeal by an offender under section 115 of the Act shall be in
Form 6–12ZB.

    (2)     A notice of appeal by the Secretary under section 116 of the Act shall be in
Form 6–12ZC.

    (3)     A notice of appeal by the Director of Public Prosecutions under section 117 of the Act shall be in Form 6–12ZD.

Note

See also sections 136 to 138 and Part 9 of the Act for procedure on appeals.

    (4)     An appeal under section 123 of the Act by a person affected by a decision of the Court under Division 1 of Part 19 of the Act is commenced by filing in the Court of Appeal a notice of appeal in Form 6–12ZE.

        12.23     Order for a person to attend for examination

An order under section 127 of the Act may be in Form 6–12ZF.

        12.24     Notice of intention to dispute report

A notice of intention to dispute the whole or a specified part of an assessment report, progress report or other report filed with or given to the Court on the hearing of an application under the Act—

        (a)     shall be in Form 6–12ZG; and

        (b)     must be served on the other party in accordance with section 342 of the Act.

        12.25     Filing of documents

Unless the Court otherwise orders, notice of an application and any accompanying assessment report, progress report or other report shall—

        (a)     be filed before the application is made with the Associate to the Judge of the Court from whom the order is sought; and

        (b)     not be available for inspection by any person.".