Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 11

When may a court make an extended supervision order?

11. When may a court make an extended supervision order?



(1) A court may only make an extended supervision order in respect of an
offender if it is satisfied, to a high degree of probability, that the
offender is likely to commit a relevant offence if released in the community
on completion of the service of any custodial sentence that he or she is
serving, or was serving at the time at which the application was made, and not
made subject to an extended supervision order.

(2) The Secretary has the onus of proving the existence of the likelihood
referred to in subsection (1).

(2A) For the purposes of subsection (1), an offender is likely to commit a
relevant offence if there is a risk of the offender committing a relevant
offence and that risk is both real and ongoing and cannot sensibly be ignored
having regard to the nature and gravity of the possible offending.

(2B) For the avoidance of doubt, subsection (1) permits a determination that
an offender is likely to commit a relevant offence on the basis of a lower
threshold than a threshold of more likely than not.

(3) In determining whether the offender is likely to commit a relevant offence
in the circumstances described in subsection (1), the court must, subject to
subsection (5), have regard to-

   (a)  any assessment report filed in court, whether by or on behalf of the
        Secretary or the offender; and

   (b)  any other report made, or evidence given, by a medical expert-

and may have regard to anything else that it considers appropriate.

(4) The Secretary or the offender may file with the court a notice of
intention to dispute the whole or any part of an assessment report or other
report made to the court by a medical expert.

(5) If a notice is filed under subsection (4) before the application is
determined, the court must not take the report or the part in dispute (as the
case requires) into consideration in determining the application unless the
party that filed the notice has been given the opportunity-

   (a)  to lead evidence on the disputed matters; and

   (b)  to cross-examine the author of the report on its contents.

(6) If the court makes an extended supervision order, the Secretary must cause
a copy of the order to be given as soon as practicable to the Adult Parole
Board.

Division 2-Extended supervision orders