Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 3

Definitions

3. Definitions



(1) In this Act-



accredited agency means a person or body approved under the
Road Safety Act 1986 as an accredited agency;

Adult Parole Board means Adult Parole Board established by section 61 of the
Corrections Act 1986;

alcoholic has the same meaning as in the
Alcoholics and Drug-dependent Persons Act 1968;

approved drug and alcohol assessment agency means a person or body approved
under section 99E by the Secretary to the Department of Human Services for the
purposes of Division 2A of Part 6;

approved mental health service has the same meaning as in the
Mental Health Act 1986;



authorised psychiatrist means authorized psychiatrist within the meaning of
the Mental Health Act 1986;

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chief psychiatrist means chief psychiatrist within the meaning of the
Mental Health Act 1986;

combined custody and treatment order means an order made under Subdivision
(1B) of Division 2 of Part 3 sentencing an offender to a term of imprisonment
of not more than 12 months and specifying a part of the term to be served in
the community;

community-based order means an order under Division 3 of Part 3;

community corrections centre means community corrections centre established
under Part 9 of the Corrections Act 1986;

community corrections officer means community corrections officer appointed
under Part 4 of the Corrections Act 1986;

community service condition, in relation to a community-based order, means the
condition referred to in section 38(1)(a);

detention, in relation to an order or sentence of a court, means detention in
a youth justice centre or youth residential centre;





director, in relation to a body corporate, includes any person occupying the
position of director of the body corporate (by whatever name called) and
includes a person in accordance with whose directions or instructions the
directors of the body corporate are accustomed to act;

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driver licence has the same meaning as in the Road Safety Act 1986; Drug Court
means the Drug Court Division of the Magistrates' Court;

Drug Court officer means a person who-

   (a)  is employed under Part 3 of the Public Administration Act 2004; and

   (b)  exercises powers or performs functions in relation to the Drug Court;



drug-dependent person has the same meaning as in the
Alcoholics and Drug-dependent Persons Act 1968;

drug of addiction means a drug of dependence within the meaning of the
Drugs, Poisons and Controlled Substances Act 1981;

drug treatment order means an order under Subdivision (1C) of Division 2 of
Part 3;



escape offence means an offence against section 479C of the Crimes Act 1958;



fine means the sum of money payable by an offender under an order of a court
made on the offender being convicted or found guilty of an offence and
includes costs but does not include money payable by way of restitution or
compensation or any costs of or incidental to an application for restitution
or compensation payable by an offender under an order of a court;

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home detention order means an order made under section 18ZT that a sentence of
imprisonment be served by way of home detention;



hospital security order means-

   (a)  an order made under section 93A; or

   (b)  an order made under section 16A of the Mental Health Act 1986;

indefinite sentence means a sentence of imprisonment for an indefinite term
imposed under Subdivision (1A) of Division 2 of Part 3;

inspector has the same meaning as in the
Alcoholics and Drug-dependent Persons Act 1968;

instalment order means an order made under Division 4 of Part 3 that a fine be
paid by two or more instalments and includes such an order as varied under
that Division;

intensive correction order means an order made under section 19(1) that a term
of imprisonment be served by way of intensive correction in the community;

involuntary patient has the same meaning as in the Mental Health Act 1986;

justice plan means a statement in respect of a person prepared by the
Secretary or a person authorised on his or her behalf specifying services
which are recommended for the person having regard to the objectives and
principles specified in Part 2 of the Disability Act 2006 and which are
designed to reduce the likelihood of the person committing further offences;
lawyer means an Australian lawyer within the meaning of the
Legal Profession Act 2004;

legal practitioner means an Australian legal practitioner within the meaning
of the Legal Profession Act 2004;



licence restoration report means a report from an accredited agency on an
applicant for an order under section 89(2);



local law means local law made under Part 5 of the Local Government Act 1989;

Mental Health Review Board means Mental Health Review Board established by the
Mental Health Act 1986;

mental illness has the same meaning as in the Mental Health Act 1986;

motor vehicle has the same meaning as in the Road Safety Act 1986;

nominal sentence, in relation to an indefinite sentence, means the period
fixed in accordance with section 18A(3);

non-parole period, in relation to a sentence of imprisonment, means a period
fixed in accordance with Subdivision (1) of Division 2 of Part 3 during which
the offender is not eligible to be released on parole;

operational period, in relation to a sentence of imprisonment suspended under
section 27, means the period for which the whole or a part of the sentence is
suspended under section 27(1);

personal development condition in relation to a community-based order, means
the condition referred to in section 38(1)(c);

prescribed person means a person prescribed under the regulations;





prisoner has the same meaning as in the Corrections Act 1986;

prison offence has the same meaning as in Part 7 of the Corrections Act 1986;

proper officer, in relation to a court, means the officer or officers of that
court prescribed by rules of that court for the purpose of the provision in
which the term is used;

proper venue, in relation to the Magistrates' Court, has the same meaning as
in the Magistrates' Court Act 1989;

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Regional Manager, in relation to a drug treatment order, an intensive
correction order or a community-based order, means the person appointed under
Part 4 of the Corrections Act 1986 to be the Regional Manager of the region in
which the community corrections centre specified in the order is located;
residential treatment facility has the same meaning as it has in section 3(1)
of the Disability Act 2006;

residential treatment order means an order made under section 80(2)(b);

restricted involuntary treatment order means an order made under section 93;





Secretary has the same meaning as Secretary in the
Community Services Act 1970;

secure custody facility means-

   (a)  a prison as defined in section 3 of the Corrections Act 1986; or

   (b)  a youth justice centre; or

   (c)  any other place the Minister specifies under subsection (2);

security patient has the same meaning as in the Mental Health Act 1986;
security resident has the same meaning as it has in section 3(1) of the
Disability Act 2006;

serious offence, for the purposes of Subdivision (1A) of Division 2 of Part 3
(indefinite sentences) and Subdivision (3) of that Division (suspended
sentences of imprisonment), means-

   (a)  murder; or

   (b)  manslaughter; or

   (baa) child homicide; or

   (ba) defensive homicide; or

   (c)  an offence against any of the following sections of the
        Crimes Act 1958-

   (i)  section 16 (causing serious injury intentionally);

   (ii) section 20 (threats to kill);

   (iii) section 38 (rape);

   (iv) section 40 (assault with intent to rape);

   (v)  section 44(1), (2) or (4) (incest) in circumstances other than where
        both people are aged 18 or older and each consented (as defined in
        section 36 of the Crimes Act 1958) to engage in the sexual act;

   (vi) section 45 (sexual penetration of child under the age of 16);

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   (viii) section 47A (persistent sexual abuse of child under the age of 16);

   (ix) section 55 (abduction or detention);

   (x)  section 56 (abduction of child under the age of 16);

   (xi) section 63A (kidnapping);

   (xii) section 75A (armed robbery); or

   (ca) an offence against section 45(1) (sexual penetration of child under
        the age of 10) (as amended) of the Crimes Act 1958 inserted in the
        Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual
        Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment)
        Act 2000; or

   (cb) an offence against section 46(1) (sexual penetration of child aged
        between 10 and 16) (as amended) of the Crimes Act 1958 inserted in the
        Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual
        Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment)
        Act 2000; or

   (d)  an offence against a provision of the Crimes Act 1958 which was
        repealed before the commencement of section 4(e) of the Sentencing
        (Amendment) Act 1993 and which the presiding judge is satisfied beyond
        reasonable doubt, having regard to the facts in evidence, could have
        been charged as an offence against a provision mentioned in paragraph
        (c) had it been committed while that provision was in force; or

   (da) an offence that, at the time it was committed, was a serious offence;
        or

   (e)  any of the following common law offences-

   (i)  rape;

   (ii) assault with intent to rape; or

   (f)  an offence of conspiracy to commit, incitement to commit or attempting
        to commit, an offence referred to in any of the preceding paragraphs;

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subordinate instrument has the same meaning as in the
Interpretation of Legislation Act 1984;

supervision condition, in relation to a community-based order, means the
condition referred to in section 38(1)(b);

treatment centre has the same meaning as in the
Alcoholics and Drug-dependent Persons Act 1968;

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undertaking means a written undertaking by the offender in the prescribed
form;

victim, in relation to an offence, means a person who, or body that, has
suffered injury, loss or damage (including grief, distress, trauma or other
significant adverse effect) as a direct result of the offence, whether or not
that injury, loss or damage was reasonably foreseeable by the offender;

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working day, in relation to a court, means a day on which the offices of the
court are open;



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young offender means an offender who at the time of being sentenced is under
the age of 21 years;

youth justice centre has the same meaning as in the
Children, Youth and Families Act 2005;



youth justice centre order means an order made under Subdivision (4) of
Division 2 of Part 3 directing the detention of a young offender in a youth
justice centre;

Youth Parole Board means Youth Parole Board referred to in section 442 of the
Children, Youth and Families Act 2005;



youth residential centre has the same meaning as in the
Children, Youth and Families Act 2005;





youth residential centre order means an order made under Subdivision (4) of
Division 2 of Part 3 directing the detention of a young offender in a youth
residential centre;



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(2) The Minister may, by notice published in the Government Gazette, specify a
place for the purposes of paragraph (c) of the definition of secure custody
facility in subsection (1).









(3) Section 6(b) of the Corrections Act 1986 is taken to include an order
under section 18ZL(1)(f) that a person serve a period in a place referred to
in paragraph (c) of the definition of secure custody facility in subsection
(1).