Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 22

Procedure on review application

22. Procedure on review application



(1) Sections 6 to 10 (with any necessary modifications) apply to an
application under section 21(2) by the Secretary in the same way as they apply
to an application under section 5.

(2) If the offender makes an application under section 21(3), he or she must,
as soon as practicable after making it, cause a copy of the application to be
served on the Secretary.

(3) The Secretary must, within 30 working days after the making of an
application under this section by the offender or any longer period allowed by
the court, obtain an assessment report or more than one assessment report and
must cause a copy of any such report to be-

   (a)  filed in court; and

   (b)  served on the offender-

as soon as practicable after obtaining it.

(4) The court to which an application is made under section 21(3) may only
begin to hear the application-

   (a)  after the Secretary has obtained at least one assessment report and
        has filed and served it in accordance with subsection (3); and

   (b)  if satisfied that the offender has had a reasonable opportunity to
        obtain legal representation and an independent assessment report.

(5) On an application by the offender under section 21(3)-



   (a)  sections 7, 7A, 7B and 8 apply to every assessment report, whether
        obtained by the Secretary or the offender; and

   (b)  section 10 (other than section 10(1)) applies to the hearing of the
        application in the same way as it applies to an application under
        section 5.