SERIOUS OFFENDERS ACT 2018
Table of Provisions
PART 1--PRELIMINARY
1 Purposes 2 Commencement 3 Definitions 4 Offender still serving sentence when on parole 5 Safety and protection of community paramount in any decision under this Act 6 Nature of proceeding 7 Operation of supervision order or interim supervision order
PART 2--ASSESSMENT OF ELIGIBLE OFFENDERS
8 Eligible offender 9 Secretary may decide to proceed with application for order 10 Referral to DPP 11 When DPP decides not to apply for detention order
PART 3--SUPERVISION ORDERS
Division 1--Court in which to commence application
12 Court in which to commence application
Division 2--Making of supervision order
13 Application for supervision order 14 Determination of application for supervision order 15 Conditions of supervision order 16 Content of supervision order 17 Copy of supervision order 18 Commencement of supervision order 19 Period of supervision order 20 Suspension of conditions of supervision order 21 Expiry of supervision order 22 Application for renewal of supervision order 23 Progress report may be prepared 24 Determination of application for renewal of supervision order 25 Renewed supervision order 26 Notices in relation to indefinite sentence
Division 3--Conditions of supervision order
27 Purposes of conditions of supervision order 28 Submissions relating to conditions 29 Consideration of certificate of available resources 30 Court may consider other orders 31 Core conditions of supervision order 32 Intensive treatment and supervision condition 33 Court must consider imposing conditions under sections 34 and 35 34 Other conditions relating to residence 35 Suggested conditions 36 Condition authorising Authority to give directions 37 Condition as to firearms and weapons 38 Discretion to impose any other condition 39 Cancellation of firearms authority etc.
Division 4--Restrictive conditions and temporary conditions
40 Application for declaration that condition is a restrictive condition 41 Court may declare condition to be a restrictive condition 42 Temporary conditions
Division 5--Extension of intensive treatment and supervision condition
43 Application to extend intensive treatment and supervision condition 44 Determination of application to extend intensive treatment and supervision condition
PART 4--INTERIM SUPERVISION ORDERS
45 Definition 46 Application for interim supervision order 47 Determination of application for interim supervision order 48 Content of interim supervision order 49 Conditions of interim supervision order 50 Condition as to firearms and weapons 51 Suspension of firearms authority etc. 52 Copy of interim supervision order 53 Commencement of interim supervision order 54 Period of interim supervision order 55 Suspension of conditions of interim supervision order 56 Expiry of interim supervision order 57 Application to extend interim supervision order 58 Determination of application to extend interim supervision order 59 Content of order extending interim supervision order 60 Copy of order on application to extend interim supervision order
PART 5--DETENTION ORDERS
61 Application for detention order 62 Determination of application for detention order 63 Finding of unacceptable risk 64 Detention order only option 65 Content of detention order 66 Effect of detention order 67 Copy of detention order 68 Commencement of detention order 69 Period of detention order 70 Expiry of detention order 71 Application for renewal of detention order 72 Progress report may be prepared 73 Determination of application for renewal of detention order 74 Renewed detention order
PART 6--INTERIM DETENTION ORDERS
75 Application for interim detention order 76 Determination of application for interim detention order 77 Content of interim detention order 78 Effect of interim detention order 79 Copy of interim detention order 80 Commencement of interim detention order 81 Period of interim detention order 82 Expiry of interim detention order 83 Application to extend interim detention order 84 Determination of application to extend interim detention order 85 Content of order extending interim detention order 86 Copy of order on application to extend interim detention order
PART 7--EMERGENCY DETENTION ORDERS
87 Application for emergency detention order 88 Application may be heard and determined in absence of offender 89 Determination of application for emergency detention order 90 Content of emergency detention order 91 Copy of emergency detention order 92 Commencement of emergency detention order 93 Period of emergency detention order 94 Effect of emergency detention order 95 Warrant to detain 96 Directions in, and authority of, warrant to detain
PART 8--REVIEW OF ORDERS AND CONDITIONS
97 Applications under this Part 98 Progress report must be prepared
Division 1--of Part 18 sets out requirements for a progress report.
99 Periodic review of supervision order 100 Periodic review of detention order 101 Offender serving custodial sentence or in custody on remand at time of review 102 Leave for review 103 Form of application 104 Purpose of review 105 Matters to be considered by the court 106 Decision on supervision order—general 107 Application for detention order and interim detention order during review of supervision order 108 Decision on detention order—general 109 Effect of custodial order on time for review 110 Application for review of condition of supervision order or interim supervision order 111 Power of court on review of conditions 112 Leave not required in certain circumstances for review of core conditions 113 Application for review of intensive treatment and supervision condition 114 Determination of application for review of intensive treatment and supervision condition
PART 9--APPEALS
Division 1--Appeals relating to orders made under Part 3, 4, 5, 6, 7 or 8
115 Appeal by offender 116 Appeal by the Secretary 117 Appeal by the DPP 118 How appeal is commenced 119 Conduct of appeal and powers to consider new evidence 120 Determination of appeal against decision not to make emergency detention order 121 Powers of Court of Appeal 122 Court of Appeal may make interim supervision order or interim detention order
Division 2--Appeals relating topublication of information
123 Appeal relating to publication of information
PART 10--PROCEDURE RELATING TO APPLICATIONS
124 Exclusion of evidence from disclosure 125 Hearing of application 126 Directions hearings 127 Court may order offender to attend for personal examination 128 Attendance of offender at hearings 129 Adjournment of hearing 130 Legal representation 131 Admissibility of evidence 132 Matters to which court may have regard 133 Reasons for determination 134 Victim submission 135 Victim submission not to be released to offender without consent 136 Power to issue arrest warrant 137 Execution of warrant to arrest 138 Arrested offender to be brought before court
PART 11--AUTHORITY MAY GIVE DIRECTIONS OR INSTRUCTIONS TO OFFENDERS ON SUPERVISION ORDERS OR INTERIM SUPERVISION ORDERS
139 Directions by Authority 140 Directions by Authority authorised by condition of supervision order or interim supervision order 141 Electronic monitoring directions by Authority 142 Emergency power of direction 143 Urgent review of conditions of supervision order or interim supervision order 144 Report to the court 145 Instructions 146 Notice of directions or instructions 147 Offender may make submissions 148 Attendance of offender at meetings of Authority 149 Decision of Authority on submissions 150 Reasons for directions 151 Offender may inspect documents with permission of the Authority 152 Authority must notify Secretary of certain matters 153 Victim submissions 154 How victim submissions are dealt with by the Authority
PART 12--CONTRAVENTION OF SUPERVISION ORDER OR INTERIM SUPERVISION ORDER
Division 1--Holding power if imminent risk of contravention
155 Police officer may apprehend and detain offender subject to supervision order or interim supervision order 156 Search of detained offender 157 Use of reasonable force 158 Procedural requirements after apprehension 159 Duration of detention 160 No questioning during detention 161 Secretary to be notified of apprehension and detention
Division 2--Power of arrest
162 Police officer may arrest without warrant 163 Entry and search of premises in order to arrest offender 164 Announcement before entry 165 Warning that search or seizure is to occur and that reasonable force may be used 166 Reporting of use of force 167 Reporting of use of power of entry 168 Power to arrest offender in residential treatment facility suspected of contravening supervision order or interim supervision order
Division 3--Contravention of supervision order or interim supervision order
169 Offence to contravene supervision order or interim supervision order 170 Authority may inquire into contravention 171 Procedure on inquiry 172 Serious contravention 173 Commencement of criminal proceeding for offence against section 169 174 Supreme Court or County Court may conduct summary hearing 175 Transfer of proceeding for related summary offence 176 Hearing and determination of related summary offence by Supreme Court or County Court 177 Failure to attend
PART 13--MANAGEMENT OF OFFENDERS
Division 1--Management of offenders at residential facilities
178 Appointment of residential facility 179 Purpose of residential facility 180 Management of residential facility 181 Persons working at residential facility to be subject to direction 182 Duties of supervision officers and specified officers 183 Officers may give instructions 184 Officers may use force to enforce instructions in certain circumstances 185 Offender entitled to enter and leave residential facility 186 Access to residential facility 187 Visitors 188 Exclusion of visitors for safety reasons 189 Visitors to give certain information 190 Offences relating to operation or possession of remotely-piloted aircraft or helicopter 191 Officer in charge may give authorisation for operation of remotely-piloted aircraft or helicopter 192 Arrest of person for offence relating to operation or possession of remotely-piloted aircraft or helicopter 193 Photographing 194 Reporting of use of force or application of authorised instrument of restraint
Division 2--Management of offenders at residential treatment facilities
195 Appointment of residential treatment facility 196 Purpose of residential treatment facility 197 Application of Division 1
Division 1--(except sections 178 , 179 , 185 and 188 ) applies to a residential treatment facility as if a reference to a residential facility were a reference to a residential treatment facility.
198 Offender movement in residential treatment facility 199 Offender must not enter and leave residential treatment facility other than in accordance with supervision order, treatment and supervision plan, etc. 200 Offenders' rights 201 Certain letters may be inspected 202 Letter register 203 Visits by Judges or independent prison visitors 204 Visit by independent prison visitor 205 Exclusion of visitors and termination of visits for safety and security reasons
Division 3--Management of offenders at other places
206 Application of Division 207 Management of offender 208 Officers to be subject to direction 209 Officer may give instructions 210 Reporting of use of force
Division 4--Alcohol and drug testing of offenders
211 Definitions 212 Application of Division 213 Testing of offenders by officers 214 Secretary to approve test procedures 215 Taking of samples of drugs and alcohol 216 Testing of offenders by police officers
PART 14--ENTRY, SEARCH AND SEIZURE
Division 1--Definitions
Division 2--General search and seizure powers
218 Search powers 219 Seizure and examination powers 220 Warning that search or seizure is to occur and that reasonable force may be used 221 Reporting of use of force
Division 3--Search and seizure in respect of offenders residing at residential facilities or residential treatment facilities
222 Definition 223 Search outside premises 224 Search inside premises 225 Seizure and examination at premises
Division 4--Search and seizure in respect of offenders residing at places other than residential facilities or residential treatment facilities
226 Application of Division 227 Search of offenders residing at places other than residential facilities or residential treatment facilities 228 Seizure and examination of offenders at other places 229 Powers of entry and search by police officer 230 Announcement before entry 231 Report to Authority
Division 5--Computers and other devices
232 Definitions 233 Offender to comply with direction 234 Entry and search if offender fails to comply 235 Seizure and examination if offender fails to comply 236 Officer may direct offender to provide assistance—computers and other devices
Division 6--General provisions relating to seized things
237 Register of things seized by police officers 238 Register of things seized by officers other than police officers 239 Things seized by officers must be photographed or otherwise recorded 240 Officer must provide receipt for seized things 241 Retention by Chief Commissioner of Police or Commissioner of seized things 242 Return of seized things if grounds for seizure no longer apply 243 Return of seized things—retrieval notices 244 Return of seized property—application to Magistrates' Court 245 Chief Commissioner of Police or Commissioner may apply to Magistrates' Court for disposal or destruction order 246 Proceeds of sale or disposal to be paid into Consolidated Fund 247 Destruction or disposal of seized things with owner's consent 248 No liability for use of force in accordance with certain provisions
PART 15--REMOVAL OF ELECTRONIC MONITORING DEVICES AND EQUIPMENT
249 Application 250 Definition 251 Who may remove electronic monitoring devices and equipment 252 Removal of electronic monitoring devices and equipment 253 Commissioner may authorise employee to exercise powers of officer
PART 16--MANAGEMENT OF OFFENDERS SUBJECT TO DETENTION ORDERS, INTERIM DETENTION ORDERS OR EMERGENCY DETENTION ORDERS
254 Application 255 Status of offender on detention order, interim detention order or emergency detention order 256 Function of Authority in relation to detention orders, interim detention orders and emergency detention orders
PART 17--CHANGE OF NAME
257 Application of Part 258 Definitions 259 Applications for change of name by or on behalf of an offender 260 Approval by Authority 261 Approval to be notified in writing 262 Registration of change of name 263 Registrar may correct Register 264 Information sharing between the Secretary and the Victorian Registrar 265 Notice to Secretary
PART 17A--APPROVAL OF MAKING OF ACKNOWLEDGEMENT OF SEX APPLICATIONS--OFFENDERS
265A Definition 265B Offence to make acknowledgement of sex application without approval 265C Application by offender or other person for approval of Authority 265D Approval by Authority of the making of acknowledgement of sex application 265E Copy of approval or refusal of Authority
PART 18--REPORTS AND PLANS
Division 1--Preparation of assessment reports and progress reports
266 Secretary may direct eligible offender to attend examination or assessment 267 Assessment report or progress report to be prepared by medical expert 268 Additional assessment 269 Content of assessment report 270 Content of progress report
Division 2--Disputed reports
271 Notice of intention to dispute report 272 Disputed report—application for interim order or emergency detention order 273 Disputed report—application for any other order
Division 3--Preparation of treatment and supervision plans
274 Treatment and supervision plan 275 Provision of treatment and supervision plan to Authority and responsible agencies
PART 19--RESTRICTION AND SHARING OF INFORMATION
Division 1--Publication
276 Definition 277 Offence to publish certain information 278 Order authorising publication 279 Order restricting publication of offender's identity 280 Matters to which court must have regard 281 Offence to publish information
Division 2--Recording and sharing of information
PART 20--POST SENTENCE AUTHORITY
Division 1--Continuation of Authority
290 Continuation of Post Sentence Authority 291 Functions of Authority 292 Powers of Authority 293 Membership of Authority 294 Chairperson and deputy chairperson of Authority 295 Acting appointments 296 Terms and conditions of office 297 Chairing of meetings 298 Meetings 299 Validity of acts or decisions of Authority 300 Vacancies, resignations and removal from office 301 Employees and contractors 302 Member may act on behalf of Authority
Division 2--Notices to produce or attend
303 Power of Authority to compel production of documents and other things or attendance of witnesses 304 Person may dispute notice to produce or notice to attend 305 Variation or revocation of notice to produce or notice to attend 306 Service of notice to produce or notice to attend 307 Powers in relation to documents and other things produced 308 Power to compel attendance or production does not affect power of Authority to direct or instruct offenders 309 Appearance by audio visual link 310 Notice to attend served on person serving custodial sentence or in custody on remand 311 Power to take evidence on oath or by affirmation 312 Offence to fail to comply with a notice to produce or attend 313 Offence to fail to take oath, make affirmation or answer question
Division 3--Miscellaneous matters
314 Protection of participants at Authority meeting 315 Immunity of member of Authority 316 Annual report 317 Other reports 318 Information to be provided to Authority
Division 4--Security at Authority premises
319 Functions of security officers 320 Search and seizure powers of security officers 321 Warning that search or seizure is to occur and that reasonable force may be used 322 Security officer may give directions 323 Security officer may arrest without warrant 324 Seizure of things—reporting and recording 325 Reporting of use of force or application of instrument of restraint 326 Seized things
Division 6--of Part 14, with any necessary modifications, applies to a thing seized under this Division.
PART 21--COOPERATION AND COORDINATION BETWEEN RESPONSIBLE AGENCIES
328 Application of Part 329 Responsible agency must act in accordance with principle of shared responsibility 330 Responsible agencies must establish panel 331 Responsible agencies to agree on coordinated services plan for each offender 332 Content of coordinated services plan 333 Responsible agencies to give copy of plan to Authority 334 Authority to review coordinated services plans 335 Responsible agencies to review and report on coordinated services plan 336 Expiry of plan 337 Responsible agency may seek services or advice 338 Delegation 339 Legal rights not affected
PART 22--GENERAL
PART 23--REPEAL AND TRANSITIONAL PROVISIONS
350 Repeal 351 Savings and transitional provisions
http://www.austlii.edu.au/au/legis/vic/consol_act/soa2018203/
