Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT ACT 2008 (NO. 21 OF 2008) - SECT 15

    After section 7A of the Serious Sex Offenders Monitoring Act 2005 insert —

        " 7B     Additional assessments

    (1)     If a medical expert considers it necessary to do so for the purposes of making an assessment report, the medical expert may seek an assessment of the offender from another medical expert (an additional assessment ).

    (2)     For the purposes of an additional assessment, the Secretary may, by written notice served on an offender, direct the offender to attend a specified medical expert at a place and on a date and time specified in the direction for a personal examination.

    (3)     The Secretary may, by written notice served on an offender, vary or revoke a direction given to the offender under this section.

    (4)     An offender must not fail, without reasonable excuse, to comply with—

        (a)     a direction given to the offender under subsection (2); or

        (b)     that direction as varied under subsection (3).

Penalty:     Level 7 imprisonment (2 years maximum).

    (5)     A medical expert may still make an additional assessment if the offender does not comply with a direction given under this section.

    (6)     Nothing in this section empowers the giving of a direction that would require an offender to submit to a physical examination or in any way actively to cooperate in the carrying out of a personal examination.".