Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 3

Definitions

3. Definitions



(1) In this Act-

Adult Parole Board means Adult Parole Board established by section 61 of the
Corrections Act 1986; approved mental health service has the same meaning as
in the Mental Health Act 1986; assessment report means a report of a kind
referred to in section 8; child means a person who is under the age of 18
years; custodial sentence means-

   (a)  an order made by a court sentencing an offender to be imprisoned or
        detained in a prison or police gaol in respect of an offence; or

   (b)  an order made under section 93A of the Sentencing Act 1991; custodial
        supervision order has the same meaning as in the Crimes (Mental
        Impairment and Unfitness to be Tried) Act 1997; Department means
        Department of Justice; eligible offender has the meaning set out in
        section 4;

extended supervision order means an order made by a court on an application
under Division 1 of Part 2 and includes a renewed extended supervision order
made under Division 4 of Part 2; forensic patient has the same meaning as in
the Mental Health Act 1986; forensic resident has the same meaning as in the
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
health service provider has the same meaning as "provider" has in the
Health Services (Conciliation and Review) Act 1987;

* * * * *

hospital security order means an order made under section 93A of the
Sentencing Act 1991;

hospital transfer order has the same meaning as in the Mental Health Act 1986;
indefinite sentence has the same meaning as in the Sentencing Act 1991;
interim extended supervision order means an order made by a court on an
application under section 25A or by the Court of Appeal under section 39A;

involuntary patient has the same meaning as in the Mental Health Act 1986;
medical expert means a psychologist, psychiatrist or other health service
provider of a kind prescribed for the purposes of section 7; parole order
means an order under section 74 of the Corrections Act 1986; physical
examination means an examination of a person's body that involves touching of
the person or removal of the person's clothing;

police gaol has the same meaning as in the Corrections Act 1986; prison has
the same meaning as in the Corrections Act 1986;

psychologist means-

   (a)  a psychologist registered under section 6 of the
        Health Professions Registration Act 2005; or

   (b)  a person who is qualified in accordance with section 5 of the
        Health Professions Registration Act 2005 to be registered as a
        psychologist under section 6 of that Act; or

   (c)  a person who practises psychology in a place out of Victoria; relevant
        offence means an offence listed in the Schedule; restricted hospital
        transfer order has the same meaning as in the Mental Health Act 1986;
        restricted involuntary treatment order means an order made under
        section 93 of the Sentencing Act 1991;

Secretary means Secretary to the Department; security patient has the same
meaning as in the Mental Health Act 1986; working day-

   (a)  in relation to a court, means a day on which the offices of the court
        are open; and

   (b)  in relation to the Secretary, means a day on which the principal
        office of the Department is open.

(2) For the purposes of this Act an offender is serving a sentence even if he
or she is released on parole in respect of that sentence from the prison,
police gaol or approved mental health service in which he or she has been
serving that sentence.

(3) For the purposes of this Act a person is on parole if there is in force a
parole order relating to the person and the person is serving a sentence of
imprisonment but is not detained in a prison, police gaol or approved mental
health service.

(4) If under the Public Administration Act 2004 the name of the Department of
Justice is changed, the reference in the definition of "Department" to that
Department must, from the date when the name is changed, be treated as a
reference to the Department by its new name.