Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 16

Instructions and directions in relation to extended supervision order

16. Instructions and directions in relation to extended supervision order



(1) For the purposes of section 15(3)(g) the Secretary may give to an offender
who is subject to an extended supervision order any instruction or direction
that the Secretary considers necessary to ensure the effective and efficient
implementation and administration of the conditions of the order.

(2) For the purposes of section 15(3)(h) the Adult Parole Board may give to an
offender who is subject to an extended supervision order any instruction or
direction that the Board considers necessary to achieve the purposes of the
conditions of the order set out in section 15(2).

(3) Without limiting subsection (2), instructions or directions given by the
Adult Parole Board may include instructions or directions as to-

   (a)  where the offender may reside;

   (b)  times at which the offender must be at home;

   (c)  places or areas that the offender must not visit or may only visit at
        specified times;

   (d)  treatment or rehabilitation programs or activities that the offender
        must attend and participate in;

   (e)  the types of employment in which the offender must not engage;

   (f)  community activities in which the offender must not engage;

   (g)  persons or classes of person with whom the offender must not have
        contact;

   (h)  forms of monitoring (including electronic monitoring) of compliance
        with the extended supervision order to which the offender must submit;

        (i)    personal examinations by a medical expert for which the
               offender must attend for the purpose of the Board being given a
               report by the expert to assist it in determining the need for,
               or form of, any instruction or direction under this section.

(3A) Without limiting subsection (2) or (3)(a), an instruction or direction
given by the Adult Parole Board under subsection (2) as to where an offender
may reside may require the offender to reside at premises that are situated on
land that is within the perimeter of a prison (whether within or outside any
walls erected on prison land) but does not form part of the prison.

(3B) An offender subject to an extended supervision order who is given an
instruction or direction under subsection (2) of a kind referred to in
subsection (3A) must be taken for the purposes of this Act to have been
released in the community and to be residing in the community while residing
in accordance with that instruction or direction.

(4) The Secretary or the Adult Parole Board may at any time vary an
instruction or direction given under this section by the Secretary or the
Board, as the case requires.

(5) The Adult Parole Board must ensure that written notice of any instruction
or direction given by it under this section, or of any variation of such an
instruction or direction, is served on the offender as soon as practicable
after the instruction or direction is given or varied, as the case requires.