Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18ZZB

Core conditions governing home detention

18ZZB. Core conditions governing home detention

The core conditions of a home detention order are-

   (a)  that the offender must be of good behaviour and must not commit any
        offence during the period of the order;

   (b)  that the offender must advise the Secretary to the Department of
        Justice as soon as possible if arrested or detained by a member of the
        police force;

   (c)  that the offender must reside only at premises approved by the
        Secretary to the Department of Justice;

   (d)  that the offender must remain at the approved residence at all times
        other than-

   (i)  when the absence is authorised by the Secretary to the Department of
        Justice; or

   (ii) when it is unsafe to remain there due to immediate danger (such as
        fire or medical emergency); or

   (iii) when a person residing at the approved residence has withdrawn his or
        her consent under section 18ZZE;

   (e)  that during authorised absences from the approved residence the
        offender must adhere to a specified activity plan that-

   (i)  sets out the activities that the offender must carry out in accordance
        with the other core conditions; and

   (ii) is approved or arranged by the Secretary to the Department of Justice;

   (f)  that the offender must advise the Secretary to the Department of
        Justice as soon as practicable after departure from the approved
        residence because-

   (i)  it was unsafe to remain there due to immediate danger; or

   (ii) a person residing at the approved residence has withdrawn his or her
        consent under section 18ZZE;

   (g)  that the offender must accept any visit to the approved residence by
        the Secretary to the Department of Justice at any time;

   (h)  that the offender must submit to searches of places or things under
        the immediate control of the offender, as required by the Secretary to
        the Department of Justice;

        (i)    that the offender must submit to electronic monitoring
               (including voice recording) of compliance with the home
               detention order and comply with all instructions given by the
               Secretary to the Department of Justice in relation to the
               operation of monitoring systems;

   (j)  that the offender must not tamper with, damage or disable monitoring
        equipment;



   (k)  that the offender must comply with any reasonable direction of the
        Secretary to the Department of Justice in relation to association with
        specified persons;

   (l)  that the offender must not consume alcohol;

   (m)  that the offender must not use prohibited drugs, obtain drugs
        unlawfully or abuse drugs of any kind;

   (n)  that the offender must submit, as required by the Secretary to the
        Department of Justice, to breath testing, urinalysis or other test
        procedures approved by the Secretary for detecting alcohol or drug
        use;

   (o)  that the offender must accept any reasonable direction of the
        Secretary to the Department of Justice in relation to the maintenance
        of or obtaining of employment;

   (p)  that the offender must inform any employer of the home detention order
        and, if directed by the Secretary to the Department of Justice, of the
        nature of the offence that occasioned it;

   (q)  that the offender must authorise and make reasonable attempts to
        facilitate contact between any employer of the offender and the
        Secretary to the Department of Justice;

   (r)  that the offender must engage in personal development activities or in
        counselling or treatment programs, as directed by the Secretary to the
        Department of Justice;

   (s)  that the offender must undertake unpaid community work (not exceeding
        20 hours per week) as directed by the Secretary to the Department of
        Justice when not otherwise employed;

   (t)  that the offender must not possess or have in his or her control-

   (i)  any firearm; or

   (ii) any prohibited weapon within the meaning of the
        Control of Weapons Act 1990; or

   (iii) any controlled weapon or dangerous article within the meaning of the
        Control of Weapons Act 1990 in contravention of that Act;

   (u)  that the offender must comply with any order made under section 84 or
        86(1) (whether before or after the making of the home detention order)
        in relation to the offence for which the home detention order is made;

        (v)    that the offender must comply with all reasonable directions
               made by the Secretary to the Department of Justice.