Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18ZZF

Revocation of order on application by offender or Secretary

18ZZF. Revocation of order on application by offender or Secretary



(1) If there is no longer any approved residence at which an offender can
reside under a home detention order, the Secretary to the Department of
Justice may apply to the Adult Parole Board for the revocation of the home
detention order.

(2) Subject to subsection (3), the Secretary to the Department of Justice must
notify the offender of an application under subsection (1).

(3) The Secretary to the Department of Justice is not required to give the
notice under subsection (2) if the Adult Parole Board is satisfied that the
matter is urgent.

(4) An offender who is serving a sentence of imprisonment by way of home
detention may apply to the Adult Parole Board for the revocation of the home
detention order.

(5) The offender must notify the Secretary to the Department of Justice of an
application under subsection (4).

(6) The Secretary to the Department of Justice may make written submissions to
the Adult Parole Board in respect of an application under this section.

(7) The offender concerned may make written submissions to the Adult Parole
Board in respect of-

   (a)  an application under subsection (1) of which the offender is given
        notice under this section; or

   (b)  an application under subsection (4).

(8) The Adult Parole Board may, in its discretion, give an offender an
opportunity to appear before the Board to be heard in relation to an
application.

(9) On an application under this section, the Adult Parole Board after
considering any submissions may revoke the home detention order.

(10) If the Adult Parole Board revokes a home detention order under this
section, the Board may issue a warrant authorising any member of the police
force to arrest the offender and take the offender to prison.