SENTENCING ACT 1991
Table of Provisions
PART 1--PRELIMINARY
PART 2--GOVERNING PRINCIPLES
- 5 Sentencing guidelines
- 5AA Court not to have regard to previous good character or lack of previous findings of guilt or convictions in certain circumstances
- 5A Standard sentence scheme
- 5B Sentencing for a standard sentence offence
- 6 Factors to be considered in determining offender's character
- 6AAA Sentence discount for guilty plea
PART 2AA--GUIDELINE JUDGMENTS
- 6AA Definition
- 6AB Power of Court of Appeal to give or review guideline judgments
- 6ABA Guideline judgments on application of Attorney‑General
- 6AC Content of guideline judgment
- 6AD Procedural requirements
- 6AE Matters to which Court of Appeal must have regard
- 6AF Use of evidence in giving or reviewing guideline judgment
- 6AG Relationship between guideline judgments and other sentencing matters
PART 2A--SERIOUS OFFENDERS
- 6A Application of Part
- 6B Definitions for purposes of this Part
- 6C Factors relevant to consideration of whether offender is a serious offender
- 6D Factors relevant to length of prison sentence
- 6E Sentences to be served cumulatively
- 6F Serious offender status to be noted on record
PART 2B--CONTINUING CRIMINAL ENTERPRISE OFFENDERS
- 6G Application of Part
- 6H Definitions for purposes of this Part
- 6I Increased maximum penalty for CCE offences
- 6J CCE offender status to be noted on record
PART 3--SENTENCES
Division 1--General
Division 1A--Pre-sentence reports
- 8A Court may order pre-sentence report
- 8B Contents of pre-sentence report
- 8C Distribution of pre-sentence report
- 8D Disputed pre-sentence report
Division 1B--Drug and alcohol reports
- 8E Drug and alcohol assessment report
- 8F Distribution of drug and alcohol assessment report
- 8G Disputed drug and alcohol assessment report
- 8H Drug and alcohol pre-release report
- 8I Approved drug and alcohol assessment agencies
Division 1C--Victim impact statements
- 8J Definitions
- 8K Victim may make victim impact statement
- 8L Contents of victim impact statement
- 8M Medical report
- 8N Distribution of written statement
- 8O Examination of victim
- 8P Witnesses
- 8Q Reading aloud of victim impact statement
- 8R Alternative arrangements for reading aloud of victim impact statement
- 8S Alternative arrangements for examination
Division 2--Custodial orders
- 9 Aggregate sentence of imprisonment[3]
- 9A Notice of intention to seek statutory minimum sentence for manslaughter
- 9B Custodial sentence must be imposed for manslaughter in circumstances of gross violence
- 9C Custodial sentence must be imposed for manslaughter by single punch or strike
- 10 Custodial sentence must be imposed for causing serious injury in circumstances of gross violence
- 10AA Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty
- 10AB Custodial sentence for offence of contravening supervision order or interim supervision order under Serious Offenders Act 2018
- 10AC Custodial sentence must be imposed for offence of aggravated home invasion
- 10AD Custodial sentence must be imposed for offence of aggravated carjacking
- 10AE Custodial sentence must be imposed for offences against sections 317AC and 317AD in certain circumstances
- 10A Special reasons relevant to imposing minimum non-parole periods
- 11 Fixing of non-parole period by sentencing court
- 11A Fixing of non-parole period for standard sentence offence
- 12 References to non-parole period
- 13 Fixing of non-parole period otherwise than by sentencing court
- 14 Fixing of new non-parole period in respect of multiple sentences
- 15 Order of service of sentences
- 16 Sentences—whether concurrent or cumulative[5]
- 16A Person may consent to imprisonment in respect of unpaid fines
- 17 Commencement of sentences[11]
- 18 Time held in custody before trial etc. to be deducted from sentence[12]
- 18A Indefinite sentence
- 18B When court may impose indefinite sentence in respect of serious offence
- 18C Application for indefinite sentence
- 18D Adjournment of sentencing
- 18E Court Secure Treatment Orders
- 18F Sentencing hearing
- 18G Reasons for indefinite sentence
- 18H Review of indefinite sentence
- 18I Court may order reports
- 18J Distribution of reports
- 18K Disputed report
- 18L Review hearing
- 18M Outcome of review
- 18N Re-integration program
- 18O Appeal[13]
- 18P Offender to be present during hearings
- 18X Purposes of drug and alcohol treatment order
- 18Y Order only available at Drug Court
- 18Z When drug and alcohol treatment order can be made
- 18ZA Order can cover multiple offences
- 18ZB Effect of Drug Court declining to make an order
- 18ZC The parts of a drug and alcohol treatment order
- 18ZD Sentence of imprisonment must be imposed
- 18ZE Activation of custodial part of an order
- 18ZF Core conditions
- 18ZG Program conditions
- 18ZH Variation on assessing offender's progress
- 18ZI Case conferences
- 18ZJ Rewards for complying with conditions
- 18ZK Cancellation as a reward
- 18ZL Failure to comply with conditions
- 18ZM Service in a secure custody facility
- 18ZN Commission of certain offences
- 18ZO Drug Court may hear and determine certain offences
- 18ZP Cancellation
- 18ZQ Drug and alcohol treatment order assessment reports
- 18ZR Appeals from Magistrates' Court
- 18ZS Immunity from prosecution for certain offences
- 18ZT Order made by Court of Appeal
- 32 Youth justice centre or youth residential centre order[14]
- 32A Aggregate sentence of detention
- 33 Sentences to be concurrent unless otherwise directed[15]
- 34 Commencement of sentences[16]
- 35 Time held in custody before trial etc. to be deducted from sentence[17], [18]
PART 3A--SENTENCES--COMMUNITY CORRECTION ORDERS
Division 1--Preliminary
- 36 Purpose of an order
Division 2--General
- 37 Community correction order
- 38 Period and commencement of a community correction order
- 39 Intensive compliance period
- 40 Community correction order may cover multiple offences
- 41 Presumption of concurrency
- 41A Maximum cumulative community correction orders
- 42 Concurrent unpaid community work where there are several orders
- 43 Fine and a community correction order
- 44 Imprisonment and a community correction order
- 44A Mandatory treatment and monitoring order
Division 3--Making a community correction order
- 45 Terms of a community correction order
- 46 Power of the Secretary to give written directions
- 47 Court may attach conditions
- 48 Residual condition
- 48A Matters to be considered when attaching conditions
Division 4--Conditions
- 48B Definitions
- 48C Unpaid community work condition
- 48CA Order with conditions under sections 48C and 48D
- 48D Treatment and rehabilitation condition
- 48E Supervision condition
- 48F Non-association condition
- 48G Residence restriction or exclusion condition
- 48H Place or area exclusion condition
- 48I Curfew condition
- 48J Alcohol exclusion condition
- 48JA Bond condition
- 48K Judicial monitoring condition
- 48L Power of court on review under a judicial monitoring condition
- 48LA Electronic monitoring of offender
- 48LB Confidentiality of personal information
Division 5--Variation etc. of order
- 48M Variation etc. of community correction order
- 48N Application for variation etc. of a community correction order
- 48O Suspension by Secretary
Division 6--Miscellaneous matters
PART 3B--SENTENCES--FINES
Division 1--Fines
- 49 Power to fine
- 50 Maximum fine
- 51 Aggregate fines
- 52 Financial circumstances of offender
- 53 Court to take forfeiture, compensation and restitution orders into account
- 54 Other matters court may have regard to in fixing amount of fine
- 55 Liability of director if body corporate unable to pay fine
Division 2--Instalment orders andtime to pay orders
- 56 Instalment order
- 57 Application for instalment order
- 58 Order to pay operates subject to instalment order
- 59 Time to pay order
- 60 Application for time to pay order
- 61 Application for variation or cancellation of order
- 62 Notice of application
- 63 Variation or cancellation of order
Division 3--Fine conversion order
- 64 Fine conversion order
- 65 Application for order under section 64
- 67 Variation etc. of fine conversion order
- 68 Application for variation etc. of a fine conversion order
Division 4--Fine default by natural person--warrant to arrest
- 69 Issue of warrant to arrest person in default
- 69A Warrant to arrest may be issued other than in paper form
- 69B Who may execute warrant?
- 69C When may warrant be executed?
Division 5--Fine default by natural person--orders of court
- 69D Court may make fine default unpaid community work order on application
- 69E Orders of court in relation to fine default on arrest
- 69F Order of court in absence of offender
- 69FA Orders of court in relation to fine defaulter on arrest—Fines Reform Act 2014
- 69FB Order of court in absence of fine defaulter—Fines Reform Act 2014
- 69G Order of court if material change in circumstances of offender
- 69H Other orders of court
- 69I Variation etc. of fine default unpaid community work order
- 69J Application for variation etc. of a fine default unpaid community work order
- 69K Limit on fine for which unpaid community work can be ordered
- 69L Costs
- 69M Warrant to seize property returned unsatisfied
Division 6--Calculation of period of imprisonment or unpaid community work
- 69N Term of imprisonment
- 69O Term of unpaid community work
- 69P Determining amount of unpaid fine or instalment
- 69Q Period of unpaid community work to be performed
- 69R Cumulative unpaid community work if there are several orders
Division 7--Terms and operation offines work orders
- 69S Period of a fines work order
- 69T When does a fines work order expire?
- 69U Part payment of fine to reduce unpaid community work
- 69V Terms of a fines work order
- 69W Suspension by Secretary
- 69X Secretary may direct offender to report at another place or to another person
Division 8--Enforcement of fines against bodies corporate
Division 9--General
- 69Z Notice of orders to be given
- 69ZA Oath or affirmation
- 69ZB Application of fines etc.
- 69ZC Penalty payable to body corporate
- 69ZD Recovery of penalties
- 69ZE Order made by Court of Appeal
- 69ZF Rules of court
- 69ZG Application to infringement enforcement procedure
PART 3BA--SENTENCES--OTHER ORDERS
Division 1--Dismissals, discharges and adjournments
- 70 Purpose of orders under this Division
- 71 Abolition of common law bonds
- 71A Limitation on making of orders under this Division
- 72 Release on adjournment following conviction
- 73 Unconditional discharge
- 74 Compensation or restitution
- 75 Release on adjournment without conviction
- 76 Unconditional dismissal
- 77 Compensation or restitution
- 78 Variation of order for release on adjournment
Division 2--Intellectually disabled offenders
- 80 Justice plan condition
- 81 Review of justice plan by Secretary
- 82 Review of justice plan condition by sentencing court
- 82AA Residential treatment order
- 82A Review of residential treatment order by sentencing court
- 83 Notice of application
Division 3--Deferral of sentencing in the Magistrates' Court or County Court
- 83A Deferral of sentencing
PART 3C--SENTENCES--CONTRAVENTION OF SENTENCE
Division 1--Offences
- 83AC Contravention of order for release on adjournment
- 83AD Contravention of community correction order
- 83ADA Contravention of fine conversion order
- 83ADB Contravention of fine default unpaid community work order
- 83AE Particular contraventions of directions of Secretary
- 83AF Offence to fail to obey a written direction of Secretary
Division 2--Procedure for contravention offence
- 83AG Commencement of a proceeding
- 83AH Time for commencing a proceeding
- 83AI Issue of summons or warrant to arrest
- 83AJ Transfer of a proceeding
- 83AK Issue of warrant to arrest on failure to comply with bail or summons
- 83AL Process where offender before higher court, orders of that court
- 83AM Process where offender before higher court, orders of Magistrates' Court
- 83AS Powers of the court on finding of guilt for contravention of community correction order
- 83ASA Powers of court on finding of guilt for contravention of fines work order
- 83AT Powers of the court on finding of guilt for contravention of order for release on adjournment
Division 3--Direction of certain conditions on failure to comply
- 83AU Direction of unpaid community work condition on failure to comply
- 83AV Direction of curfew condition on failure to comply
- 83AW Reasonable excuse for a failure to comply
- 83AX Notice of direction to be given in writing
- 83AY Review by the sentencing court
- 83AZ Powers of a sentencing court on review
PART 3D--SUPERANNUATION ORDERS
- 83B Purpose of Part
- 83C Application of Part
- 83D Definitions
- 83E Application for a superannuation order
- 83F Court may make a superannuation order
- 83G Effect of superannuation order
- 83H Provisions applying to a superannuation order
- 83I Powers of an authorised person to require information
- 83J Protection of administrators providing information
- 83K Disclosure of information
PART 4--ORDERS IN ADDITION TO SENTENCE
Division 1--Restitution
Division 2--Compensation
- 85A Definitions
- 85B Compensation order
- 85C Application for compensation order
- 85D Extension of time for making application
- 85E Proceeding on an application
- 85F Court must not refuse to hear and determine application except in certain circumstances
- 85G Evidence
- 85H Court may take financial circumstances of offender into account
- 85I Court must reduce compensation by amount of any award under Victims of Crime Assistance Act 1996
- 85J Court to give reasons for its decision
- 85K Costs of proceeding
- 85L Right to bring civil proceedings unaffected
- 85M Enforcement of order
- 86AA Court to ask if application for compensation order will be made
- 86 Compensation order
- 87 Enforcement of compensation order
Division 2A--Recovery of assistance paid under Victims of Crime Assistance Act 1996
- 87A Recovery of assistance paid under Victims of Crime Assistance Act 1996
- 87B Enforcement of order under section 87A
Division 2B--Recovery of costs incurred by emergency service agencies
- 87C Definitions
- 87D Cost recovery order
- 87E Application for cost recovery order
- 87F Extension of time for making application
- 87G How offender may appear on an application
- 87H Court may have regard to relevant facts
- 87I Evidence
- 87J Court may take financial circumstances of offender into account
- 87K Court to give reasons for its decision
- 87L Costs of proceeding
- 87M Right to bring civil proceedings unaffected
- 87N Enforcement of order
Division 3--Driver licences and learner permits--suspension, cancellation and driver disqualification
- 87P Definition
- 87Q Matters to be sent to the Secretary to the Department of Transport
- 88 Application of Evidence Act 2008
- 89 Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences
- 89A Suspension or cancellation of driver licence or learner permit and driver disqualification—any offence
- 89B Commencement of period of disqualification
- 89C Finding on cancellation of driver licence or learner permit or driver disqualification
- 89D Presumption in favour of concurrency
- 89DA Cancellation on disqualification
- 89DB Effect of cancellation
Division 4--Alcohol exclusion orders
- 89DC Definitions
- 89DD Alcohol exclusion order
- 89DE When an alcohol exclusion order must be made
- 89DF Offences for contravening alcohol exclusion order
- 89DG Variation of alcohol exclusion order
- 89DH Chief Commissioner to report on alcohol exclusion orders
Division 5--Serious drug offender
- 89DI Declaration by court that person is serious drug offender
PART 4A--IDENTITY CRIME CERTIFICATES
- 89E Definitions
- 89F Court may issue certificate to victim of identity crime
- 89G Contents of certificate
- 89H Process for dealing with application
PART 5--MENTALLY ILL OFFENDERS
Division 1--Court Assessment Orders
- 90 What is a Court Assessment Order?
- 91 When may the court make a Court Assessment Order?
- 92 Contents of a Court Assessment Order and notification requirements
- 93 Effect and duration of Court Assessment Order
- 94 Court powers following Court Assessment Order
Division 2--Court Secure Treatment Orders
- 94A What is a Court Secure Treatment Order?
- 94B When may the court make a Court Secure Treatment Order?
- 94C Effect and duration of Court Secure Treatment Order
Division 3--Taking persons subject to Court Assessment Order or Court Secure Treatment Order
- 94D Custody of persons subject to Court Assessment Order or Court Secure Treatment Order
Division 4--Transitional provisions
- 94E Definition
- 94F Assessment order and diagnosis, assessment and treatment order
- 94G Hospital security order
- 94H Restricted involuntary treatment order
- 94I Proceedings in relation to orders
PART 6--MAKING OF SENTENCING AND OTHER ORDERS
Division 1--Explanation of orders
- 95 Explanation of orders
Division 3--Taking other charges into account
- 100 Disposal of other pending charges
Division 4--Passing of sentence
- 101 Time and place of sentence
- 102 Sentence by another judge or magistrate
- 103 Sentences not invalidated by failure to comply with procedural requirements
PART 7--CORRECTION OF ERRORS
- 104 Correction of sentences by Supreme Court on judicial review
- 104A Power to correct clerical mistakes, etc.
- 104B Court may reopen proceeding to correct penalties imposed contrary to law
- 104C Effect of reopening a proceeding under section 104B
- 104D When proceedings are finally disposed of
PART 8--HISTORICAL HOMOSEXUAL CONVICTIONS
- 105 Definitions
- 105AA Application of this Part
- 105A Part to bind the Crown
- 105B Application to Secretary for convictions for historical homosexual offences to be expunged
- 105C Submission of further information etc.
- 105D Consideration of application
- 105E Response to enquiries or requests for information
- 105F Appointment of advisors
- 105G Mandatory tests
- 105H Withdrawal of application
- 105I Determination of application
- 105J Effect of expungement of conviction
- 105K Obligations in relation to official records
- 105L Jurisdiction of VCAT
- 105M Restriction on right to re-apply
- 105N Delegation
- 105O Confidentiality
- 105P Giving of notices
- 105Q Evidentiary provisions
- 105R Immunity
- 105S No entitlement to compensation
PART 9--ROYAL PREROGATIVE OF MERCY
- 106 Saving of royal prerogative of mercy
- 107 Release by Governor in exercise of royal prerogative of mercy
- 108 Penalties for offences may be remitted
PART 9A--SENTENCING ADVISORY COUNCIL
- 108A Definitions
- 108B Establishment of Sentencing Advisory Council
- 108C Functions of the Council
- 108D Powers of the Council
- 108E Delegation
- 108F Board of directors
- 108G Chairperson
- 108H Terms and conditions of office of directors
- 108I Vacancies and removal of directors from office
- 108J Travelling and other allowances
- 108K Validity of acts or decisions
- 108L Meetings of the Board
- 108M Staff
- 108N Appointment of consultants
- 108O Control on expenditure
- 108P Parliamentary requirement for information
PART 10--MISCELLANEOUS PROVISIONS
- 109 Penalty scale
- 109A Operation of penalty provisions
- 110 Meaning of penalty units
- 111 Location and effect of penalty provisions
- 112 Classification of offences as indictable or summary
- 112A Maximum fine for indictable offence heard and determined summarily
- 113 Maximum term of imprisonment for indictable offence heard and determined summarily
- 113A Maximum term of imprisonment for summary offence
- 113B Maximum cumulative term of imprisonment imposable by Magistrates' Court
- 113C Maximum term of imprisonment where none prescribed
- 113D Increased maximum fine for body corporate
- 114 Effect of alterations in penalties[19]
- 115 Old offences relevant in determining previous convictions
- 115A Effect where punishment suffered for indictable offence
- 115B Delegation
PART 11--REGULATIONS AND GENERAL MATTERS
- 115C Infringement penalties
- 115D Power to serve an infringement notice
- 115E Appointment of authorised person
- 115F Reports
- 116 Regulations
- 116A Review of amendments made by Sentencing Amendment (Emergency Worker Harm) Act 2020
PART 12--TRANSITIONALS
- 117 Transitional provisions
- 117A Transitional provisions—Sentencing (Amendment) Act 1993
- 117B Transitional provisions—Miscellaneous Acts (Omnibus Amendments) Act 1996
- 118 Transitional provisions (1997 amendments)
- 119 Transitional provisions (Sentencing (Amendment) Act 1997)
- 120 Transitional provisions (1998 amendments)
- 121 Transitional provision—Courts and Tribunals Legislation (Amendment) Act 2000
- 122 Transitional provisions—Sentencing (Amendment) Act 1999
- 123 Transitional provision—Magistrates' Court (Infringements) Act 2000
- 124 Transitional provisions—Victims of Crime Assistance (Amendment) Act 2000
- 125 Transitional provisions—Sentencing (Emergency Service Costs) Act 2001
- 126 Transitional provisions—Sentencing (Amendment) Act 2002
- 126B Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002
- 127 Transitional provision—Crimes (Property Damage and Computer Offences) Act 2003
- 127A Transitional provisions—Corrections and Sentencing Acts (Home Detention) Act 2003
- 128 Transitional provision—Sentencing (Amendment) Act 2003
- 129 Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
- 130 Transitional provision—Sentencing (Further Amendment) Act 2005
- 131 Transitional provision—Sentencing and Mental Health Acts (Amendment) Act 2005
- 132 Transitional provision—Courts Legislation (Jurisdiction) Act 2006
- 133 Transitional provisions—Sentencing (Suspended Sentences) Act 2006
- 134 Transitional provision—Working with Children Act 2005
- 135 Transitional provision—Criminal Procedure Legislation Amendment Act 2008
- 136 Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008
- 137 Transitional provision—Crimes Amendment (Identity Crime) Act 2009
- 138 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
- 139 Transitional provision—Criminal Procedure Act 2009
- 140 Transitional provision—Sentencing Amendment Act 2009
- 141 Transitional provision—Justice Legislation Amendment Act 2010
- 141A Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011
- 142 Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010
- 143 Transitional provision—Sentencing Amendment Act 2010
- 144 Transitional provision—Sentencing Further Amendment Act 2011
- 145 Transitional provisions—Criminal Procedure Amendment Act 2012
- 147 Transitional provision—Sentencing Amendment (Community Correction Reform) Act 2011
- 148 Transitional provision—Road Safety and Sentencing Acts Amendment Act 2012
- 149 Transitional provision—Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012
- 149A Validation—Justice Legislation Amendment Act 2013
- 149B Transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
- 149C Further transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
- 149D Additional transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
- 150 Transitional provisions—Road Safety and Sentencing Acts Amendment Act 2013
- 151 Transitional provision—Summary Offences and Sentencing Amendment Act 2014
- 152 Transitional provisions—Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Act 2014
- 153 Transitional provision—Criminal Organisations Control and Other Acts Amendment Act 2014—alcohol exclusion orders
- 154 Transitional provisions—Sentencing Amendment (Emergency Workers) Act 2014—general
- 156 Transitional provision—Justice Legislation Amendment (Confiscation and Other Matters) Act 2014
- 156A Transitional provision—Sentencing Amendment (Correction of Sentencing Error) Act 2015
- 157 Transitional provision—Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014
- 158 Transitional provisions—Crimes Legislation Amendment Act 2016
- 159 Transitional provisions—Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016
- 160 Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016
- 161 Transitional provision—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017
- 162 Transitional provision—Sentencing (Community Correction Order) and Other Acts Amendment Act 2016
- 163 Transitional—Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016
- 164 Transitional—Fines Reform Amendment Act 2017
- 165 Transitional provision—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
- 165A Transitional provisions—Sentencing Amendment (Sentencing Standards) Act 2017
- 166 Transitional—Justice Legislation Amendment (Victims) Act 2018
- 167 Transitional provisions—Justice Legislation Miscellaneous Amendment Act 2018
- 168 Transitional provision—Victims and Other Legislation Amendment Act 2018
- 169 Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019
- 170 Transitional provision—Sentencing Amendment (Emergency Worker Harm) Act 2020
- 171 Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020