Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 23

Determination of review

23. Determination of review



(1) On a review under this Division, the court must revoke the extended
supervision order unless satisfied, to a high degree of probability, that the
offender is likely to commit a relevant offence if in the community and not
subject to the extended supervision order.

(2) The Secretary has the onus of proving the existence of the likelihood
referred to in subsection (1), whether or not the Secretary applied for the
review.

(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
        applicant or the respondent; 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) A party 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) A court on a review need not be constituted by the same judge who
constituted the court when it made the extended supervision order.

(7) If the court revokes the extended supervision order on a review, the
Secretary must cause a copy of the revoking order to be given as soon as
practicable to the Adult Parole Board.

Division 4-Renewal of extended supervision orders