Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18ZU

Order not to be made if other residents object

18ZU. Order not to be made if other residents object



(1) A court must not make a home detention order unless the court is satisfied
that all persons of or over the age of 18 years who will be residing with the
offender-

   (a)  have been consulted by the Secretary to the Department of Justice or a
        person authorised by that Secretary, without the offender being
        present, about the making of the home detention order; and

   (b)  have acknowledged in writing that they understand the requirements of
        the home detention order and are prepared to live in conformity with
        them; and

   (c)  subject to subsection (3), have consented in writing to the offender
        residing with them under a home detention order.

(2) The court must not make a home detention order unless the court is
satisfied that-

   (a)  so far as practicable the wishes and feelings of any person under the
        age of 18 years who will be residing with the offender under a home
        detention order have been ascertained; and

   (b)  due consideration has been given to them, having regard to the age and
        understanding of the person.

(3) The court may dispense with the consent of a person under subsection (1),
if the court is satisfied that the person lacks the capacity to give that
consent.

(4) If the court dispenses with the consent of a person, the court must not
make the order unless the court is satisfied that-

   (a)  so far as practicable the wishes and feelings of the person have been
        ascertained; and

   (b)  due consideration has been given to them, having regard to the
        understanding of the person.