Serious Sex Offenders (Detention and Supervision) Amendment Regulations 2016

S.R. No. 84/2016

TABLE OF PROVISIONSRegulation Page

1 Objective 12 Authorising provision 13 Principal Regulations 14 References to the Department of Justice 25 Form 1 amended 26 Form 2 amended 47 Form 3 amended 78 Form 4 amended 89 Form 5 amended 810 Form 6 amended 1111 Form 7 amended 1112 Form 8 amended 1213 Form 9 amended 1214 Form 10 amended 1315 Form 11 amended 1416 Form 12 amended 1417 Form 13 amended 1518 Form 14 amended 1519 Form 15 amended 15

═══════════════

Endnotes 16

1

STATUTORY RULES 2016

S.R. No. 84/2016

Serious Sex Offenders (Detention and Supervision) Act 2009

Serious Sex Offenders (Detention and Supervision) Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 5 July 2016

Responsible Minister:

STEVE HERBERTMinister for Corrections

ANDREW ROBINSONClerk of the Executive Council

1 Objective

The objective of these Regulations is to amend the Serious Sex Offenders (Detention and Supervision) Regulations 2009 to update certain prescribed forms to reflect amendments made to the Serious Sex Offenders (Detention and Supervision) Act 2009.

2 Authorising provision

These Regulations are made under section 198 of the Serious Sex Offenders (Detention and Supervision) Act 2009.

3 Principal Regulations

In these Regulations, the Serious Sex Offenders (Detention and Supervision) Regulations 20091 are called the Principal Regulations.

1

4 References to the Department of Justice

In Forms 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 and 12 of the Principal Regulations, after "Department of Justice" insert "and Regulation".

5 Form 1 amended

(1) In Form 1 of the Principal Regulations, under the heading "Core conditions of order"—

(a) after the first dot point insert—' not commit a "violent offence" in Victoria or

elsewhere;

if residing at a residential facility, not engage in conduct that poses a risk to the good order of the residential facility or the safety and welfare of offenders or staff at the residential facility or visitors to the residential facility;

not engage in conduct that threatens the safety of any person, including yourself;';

(b) in the seventh dot point, after "supervision officer" insert "or a specified officer";

(c) in the eighth dot point, for "becomes unavailable." substitute "becomes unavailable;";

(d) after the eighth dot point insert—

" obey all reasonable instructions given by a community corrections officer or a specified officer that are necessary to ensure your compliance with any rehabilitation or treatment plan or your compliance with any directions given by the Adult Parole Board.".

(2) In Form 1 of the Principal Regulations, under the heading "Possible other conditions of supervision order"—

(a)in the tenth dot point, after

2

"a relevant offence" insert "or a violent offence or engaging in violent conduct";

(b) in the fifteenth dot point, after "re-offending" insert "whether by committing a relevant offence or a violent offence or by engaging in violent conduct".

(3) In Form 1 of the Principal Regulations, before the heading "CHANGE OF NAME" insert—

'Restrictive conditions

If you are subject to a supervision order, the following core conditions of the supervision order are restrictive conditions—

you must not commit a "relevant offence" in Victoria or elsewhere;

you must not commit a "violent offence" in Victoria or elsewhere;

if residing at a residential facility, you must not engage in conduct that poses a risk to the good order of the residential facility or the safety and welfare of offenders or staff at the residential facility or visitors to the residential facility;

you must not engage in conduct that threatens the safety of any person including yourself.

In addition to the above core conditions, the Secretary may apply to the court for a declaration that any of the following conditions of the supervision order is a "restrictive condition"—

that you must not consume alcohol;

that you must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;

that you must reside at a specified place (including whether you are to reside at a residential facility);

that you must be at your place of residence between specified times;

that you may only leave your place of residence in accordance with specified conditions;

that you must not visit a specified place or area or may only visit the place or area at specified times;

that you must not have contact with a specified person or class of person.'.

3

(4) In Form 1 of the Principal Regulations, under the heading "CONSEQUENCES OF BREACH OF SUPERVISION ORDER"—

(a) for "If you do not comply with all of the requirements of a supervision order, then after investigating your conduct, the Adult Parole Board may—" substitute—

'If you do not comply with all of the requirements of a supervision order, you may be charged by the Secretary or a police officer with breaching the order.

The penalty for this offence is up to 5 years imprisonment. If it is a breach of a "restrictive condition", the court must impose a penalty of not less than 12 months imprisonment, unless a special reason exists.

If you do not comply with all of the requirements of a supervision order, the Adult Parole Board may also investigate your conduct and may—';

(b) in the fifth dot point omit "If the court finds you guilty of this offence it may impose a penalty on you of up to 5 years imprisonment.".

(5) In Form 1 of the Principal Regulations, under the heading "YOUR RIGHTS", after the sixth dot point insert—" to appeal against a declaration that a condition of the

supervision order is a restrictive condition;".

6 Form 2 amended

(1) In Form 2 of the Principal Regulations, under the heading "Core conditions of supervision order"—

4

(a) after the first dot point insert—' not commit a "violent offence" in Victoria or

elsewhere;

if residing at a residential facility, not engage in conduct that poses a risk to the good order of the residential facility or the safety and welfare of offenders or staff at the residential facility or visitors to the residential facility;

not engage in conduct that threatens the safety of any person, including yourself;';

(b) in the seventh dot point, after "supervision officer" insert "or a specified officer";

(c) in the eighth dot point, for "becomes unavailable." substitute "becomes unavailable;";

(d) after the eighth dot point insert—" obey all reasonable instructions given by a

community corrections officer or a specified officer that are necessary to ensure your compliance with any rehabilitation or treatment plan or your compliance with any directions given by the Adult Parole Board.".

(2) In Form 2 of the Principal Regulations, under the heading "Possible other conditions of supervision order"—

(a) in the tenth dot point, after "a relevant offence" insert "or a violent offence or engaging in violent conduct";

(b) in the fifteenth dot point, after "re-offending" insert "whether by committing a relevant offence or a violent offence or by engaging in violent conduct".

(3) In Form 2 of the Principal Regulations, before the heading "CHANGE OF NAME" insert—

5

'Restrictive conditions

If you are subject to a supervision order, the following core conditions of the supervision order are restrictive conditions—

you must not commit a "relevant offence" in Victoria or elsewhere;

you must not commit a "violent offence" in Victoria or elsewhere;

if residing at a residential facility, you must not engage in conduct that poses a risk to the good order of the residential facility or the safety and welfare of offenders or staff at the residential facility or visitors to the residential facility;

you must not engage in conduct that threatens the safety of any person including yourself.

In addition to the above core conditions, the Secretary may apply to the court for a declaration that any of the following conditions of the supervision order is a "restrictive condition"—

that you must not consume alcohol;

that you must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;

that you must reside at a specified place (including whether you are to reside at a residential facility);

that you must be at your place of residence between specified times;

that you may only leave your place of residence in accordance with specified conditions;

that you must not visit a specified place or area or may only visit the place or area at specified times;

that you must not have contact with a specified person or class of person.'.

(4) In Form 2 of the Principal Regulations, under the heading "CONSEQUENCES OF BREACH OF SUPERVISION ORDER"—

(a) for "If you do not comply with all of the requirements of a supervision order, then

6

after investigating your conduct, the Adult Parole Board may—" substitute—

'If you do not comply with all of the requirements of a supervision order, you may be charged by the Secretary or a police officer with breaching the order.

The penalty for this offence is up to 5 years imprisonment. If it is a breach of a "restrictive condition", the court must impose a penalty of not less than 12 months imprisonment, unless a special reason exists.

If you do not comply with all of the requirements of a supervision order, the Adult Parole Board may also investigate your conduct and may—';

(b) in the fifth dot point omit "If the court finds you guilty of this offence it may impose a penalty on you of up to 5 years imprisonment.".

(5) In Form 2 of the Principal Regulations, under the heading "YOUR RIGHTS", after the sixth dot point insert—" to appeal

against a declaration that a condition of the supervision order is a restrictive condition;".

7 Form 3 amended

In Form 3 of the Principal Regulations, under the heading "YOUR RIGHTS", after the ninth dot point insert—" to appeal against a declaration that a condition of the

supervision order is a restrictive condition;".

8 Form 4 amended

7

In Form 4 of the Principal Regulations, under the heading "YOUR RIGHTS", after the sixth dot point insert—" to appeal

against a declaration that a condition of the supervision order is a restrictive condition;".

9 Form 5 amended

(1) In Form 5 of the Principal Regulations, under the heading "Core conditions of interim supervision order"—

(a) after the first dot point insert—' not commit a "violent offence" in Victoria or

elsewhere;

if residing at a residential facility, not engage in conduct that poses a risk to the good order of the residential facility or the safety and welfare of offenders or staff at the residential facility or visitors to the residential facility;

not engage in conduct that threatens the safety of any person, including yourself;';

(b) in the seventh dot point, after "supervision officer" insert "or a specified officer";

(c) in the eighth dot point, for "becomes unavailable." substitute "becomes unavailable;";

(d) after the eighth dot point insert—" obey all reasonable instructions given by a

community corrections officer or a specified officer that are necessary to ensure your compliance with any rehabilitation or treatment plan or your compliance with any directions given by the Adult Parole Board.".

8

(2) In Form 5 of the Principal Regulations, under the heading "Possible other conditions of interim supervision order", in the tenth dot point, after "a relevant offence" insert "or a violent offence or engaging in violent conduct".

(3) In Form 5 of the Principal Regulations, before the heading "CONSEQUENCES OF BREACH OF INTERIM SUPERVISION ORDER" insert—

'Restrictive conditions

If you are subject to an interim supervision order, the following core conditions of the interim supervision order are restrictive conditions—

you must not commit a "relevant offence" in Victoria or elsewhere;

you must not commit a "violent offence" in Victoria or elsewhere;

if residing at a residential facility, you must not engage in conduct that poses a risk to the good order of the residential facility or the safety and welfare of offenders or staff at the residential facility or visitors to the residential facility;

you must not engage in conduct that threatens the safety of any person including yourself.

In addition to the above core conditions, the Secretary may apply to the court for a declaration that any of the following conditions of the interim supervision order is a "restrictive condition"—

that you must not consume alcohol;

that you must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;

that you must reside at a specified place (including whether you are to reside at a residential facility);

that you must be at your place of residence between specified times;

that you may only leave your place of residence in accordance with specified conditions;

that you must not visit a specified place or area or may only visit the place or area at specified times;

that you must not have contact with a specified person or class of person.'.

9

(4) In Form 5 of the Principal Regulations, under the heading "CONSEQUENCES OF BREACH OF INTERIM SUPERVISION ORDER"—

(a) for "If you do not comply with all of the requirements of an interim supervision order, then after investigating your conduct, the Adult Parole Board may—" substitute—

'If you do not comply with all of the requirements of an interim supervision order, you may be charged by the Secretary or a police officer with breaching the order.

The penalty for this offence is up to 5 years imprisonment. If it is a breach of a "restrictive condition", the court must impose a penalty of not less than 12 months imprisonment, unless a special reason exists.

If you do not comply with all of the requirements of an interim supervision order, the Adult Parole Board may also investigate your conduct and may—';

(b) in the fifth dot point omit "If the court finds you guilty of this offence it may impose a penalty on you of up to 5 years imprisonment.".

(5) In Form 5 of the Principal Regulations, under the heading "YOUR RIGHTS", for the 5 dot points substitute—" to have the application heard and determined by the

*Supreme Court/*County Court;

to have a reasonable opportunity to obtain legal representation.

If the *Supreme Court/*County Court makes an interim supervision order, you have the following rights—

to appeal to the Court of Appeal against the decision to make the interim supervision order;

10

to appeal to the Court of Appeal against the period of the interim supervision order;

to appeal to the Court of Appeal against the conditions (other than the core conditions) of the interim supervision order.".

10 Form 6 amended

In Form 6 of the Principal Regulations, under the heading "YOUR RIGHTS", for the 7 dot points substitute—" to have the application heard and determined by the

Supreme Court;

to have a reasonable opportunity to obtain legal representation.

If the Supreme Court makes an interim detention order, you have the following rights—

to appeal to the Court of Appeal against the making of the interim detention order;

to appeal to the Court of Appeal against the period of the interim detention order.

If the Supreme Court makes an interim supervision order, you have the following rights—

to appeal to the Court of Appeal against a decision to make the interim supervision order;

to appeal to the Court of Appeal against the period of the interim supervision order;

to appeal to the Court of Appeal against the conditions (other than the core conditions) of the interim supervision order.".

11 Form 7 amended

(1) In Form 7 of the Principal Regulations, under the heading "EFFECT OF SUPERVISION ORDER" omit "(see below)".

11

(2) In Form 7 of the Principal Regulations, under the heading "THE COURT'S DECISION", after "that order." insert "The court, on the application of the Secretary, may also declare certain conditions of that order to be restrictive conditions.".

(3) In Form 7 of the Principal Regulations, under the heading "YOUR RIGHTS", after the fifth dot point insert—" to appeal to the Court of Appeal against a decision by

the court reviewing the supervision order to declare a condition to be a restrictive condition;".

12 Form 8 amended

(1) In Form 8 of the Principal Regulations, under the heading "EFFECT OF SUPERVISION ORDER" omit "(see below)".

(2) In Form 8 of the Principal Regulations, under the heading "YOUR RIGHTS" after the fifth dot point insert—" to appeal to the Court of Appeal against a declaration

that a condition of any supervision order made is a restrictive condition;".

13 Form 9 amended

(1) In Form 9 of the Principal Regulations, under the heading "THE COURT'S DECISION ON REVIEW OF THE CONDITIONS OF YOUR SUPERVISION ORDER", after the second dot point insert—" declare certain conditions of the supervision order

to be restrictive conditions (on the application of the Secretary);".

12

(2) In Form 9 of the Principal Regulations, under the heading "YOUR RIGHTS", for the 3 dot points substitute—" to have the application heard and determined by the

*Supreme Court/*County Court;

to have a reasonable opportunity to obtain legal representation.

You have the right to appeal to the Court of Appeal against the following decisions made by a court reviewing the conditions of your supervision order—

a decision to impose conditions;

a decision to declare certain conditions to be restrictive conditions.".

14 Form 10 amended

(1) In Form 10 of the Principal Regulations, under the heading "THE COURT'S DECISION ON REVIEW OF THE CONDITIONS OF YOUR INTERIM SUPERVISION ORDER", after the second dot point insert—" declare certain conditions of the interim supervision

order to be restrictive conditions (on the application of the Secretary);".

(2) In Form 10 of the Principal Regulations, under the heading "YOUR RIGHTS", for the 3 dot points substitute—" to have the application heard and determined by

the *Supreme Court/*County Court;

to have a reasonable opportunity to obtain legal representation.

You have the right to appeal to the Court of Appeal against a decision made by a court reviewing the conditions of your interim supervision order to impose conditions.".

13

15 Form 11 amended

(1) In Form 11 of the Principal Regulations, under the heading "APPEAL FROM DECISION CONCERNING A SUPERVISION ORDER", after the second dot point insert—" *The decision

not to declare a condition on a supervision order to be a restrictive condition. The Secretary is appealing this decision.

*The decision to declare a condition on a supervision order to be a restrictive condition. The Secretary is appealing this decision.".

(2) In Form 11 of the Principal Regulations, for "MAKE AN APPLICATION" substitute "APPEAL".

(3) In Form 11 of the Principal Regulations, under the heading "RIGHT TO MAKE AN APPLICATION TO THE COURT OF APPEAL"—

(a) for "make an application" substitute "appeal";

(b) after the second dot point insert—" a declaration that a condition of a supervision

order is a restrictive condition;".

16 Form 12 amended

(1) In Form 12 of the Principal Regulations, for "MAKE AN APPLICATION" substitute "APPEAL".

(2) In Form 12 of the Principal Regulations, under the heading "RIGHT TO MAKE AN APPLICATION TO THE COURT OF APPEAL", for "make an application" substitute "appeal".

14

17 Form 13 amended

(1) In Form 13 of the Principal Regulations, for "MAKE AN APPLICATION" substitute "APPEAL".

(2) In Form 13 of the Principal Regulations, under the heading "RIGHT TO MAKE AN APPLICATION TO THE COURT OF APPEAL"—

(a) for "make an application" substitute "appeal";

(b) in the fourth dot point, after "the period of the supervision order" insert "or a declaration that a condition of the supervision order is a restrictive condition".

18 Form 14 amended

(1) In Form 14 of the Principal Regulations, for "MAKE AN APPLICATION" substitute "APPEAL".

(2) In Form 14 of the Principal Regulations, under the heading "RIGHT TO MAKE AN APPLICATION TO THE COURT OF APPEAL"—

(a) for "make an application" substitute "appeal";

(b) in the third dot point, after "the period of the supervision order" insert "or a declaration that a condition of the supervision order is a restrictive condition".

19 Form 15 amended

In Form 15 of the Principal Regulations, under the heading "EFFECT OF HOLDING POWER", for "10 hours" substitute "72 hours".

═══════════════

15

Endnotes

Endnotes

Serious Sex Offenders (Detention and Supervision) Amendment Regulations 2016S.R. No. 84/2016

16

1 Reg. 3: S.R. No. 187/2009 as amended by S.R. No. 21/2014.