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Serious Sex Offenders (Detention and Supervision) Amendment Act 2011

No. 83 of 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 3

PART 2—SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) ACT 2009 4

3 Principal Act 44 New section 58A inserted 4

58A Provisions affecting interim supervision order 45 Periodic reviews of supervision orders 46 Periodic reviews of detention orders 57 Offender serving custodial sentence at time of review 58 Decision on supervision order—general 59 Disputing reports 610 New section 113A inserted 6

113A Disputing reports filed with applications for interim orders 6

11 Attendance of offender at meetings of Adult Parole Board—statute law revision 7

12 Proceedings for offence 713 Sharing of information 714 Guidelines for disclosure 1015 Sharing information with healthcare providers—statute law

revision 1016 Management of offenders 10

PART 3—CIVIL PROCEDURE ACT 2010 11

17 Application of this Act 11

PART 4—DISABILITY ACT 2006 12

18 Authorised Program Officer must prepare treatment plan 12

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PART 5—REPEAL OF AMENDING ACT 13

19 Repeal of amending Act 13═══════════════

ENDNOTES 14

Serious Sex Offenders (Detention and Supervision) Amendment Act 2011†

No. 83 of 2011

[Assented to 21 December 2011]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the Serious Sex Offenders (Detention and Supervision) Act 2009 in order to—

(i) apply provisions of that Act relating to the calculation of the period of a supervision order and when an offender

Victoria

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is subject to the conditions of a supervision order to interim supervision orders;

(ii) remove the requirement to conduct a periodic review of a supervision or detention order if an application to renew the order has been made;

(iii) remove requirements for the review of a supervision or detention order if the offender is in custody on remand;

(iv) amend provisions relating to the court's consideration of disputed reports when the court is determining an application for an interim supervision order or interim detention order;

(v) enable the Registrar of the Sex Offenders Register or a member of the police force of or above the rank of inspector, in certain circumstances, to dispense with notice requirements when filing a charge-sheet charging a person with failing to comply with a condition of a supervision order;

(vi) update provisions relating to information sharing;

(vii) apply additional provisions of that Act to offenders who are subject to extended supervision orders made under the Serious Sex Offenders Monitoring Act 2005; and

(b) to amend the Civil Procedure Act 2010 so that that Act does not apply to proceedings under the Serious Sex Offenders (Detention and Supervision) Act 2009; and

Section Page

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s. 1

(c) to amend the Disability Act 2006 so that treatment plans under that Act must be consistent with supervision orders made under the Serious Sex Offenders (Detention and Supervision) Act 2009.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 October 2012, it comes into operation on that day.

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Section Page

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s. 2

PART 2—SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) ACT 2009

3 Principal Acts. 3

See:Act No.91/2009and amendingAct Nos13/2010, 16/2010, 63/2010 and 64/2010.LawToday:www.legislation.vic.gov.au

In this Part, the Serious Sex Offenders (Detention and Supervision) Act 2009 is called the Principal Act.

4 New section 58A inserted

After section 58 of the Principal Act insert—

"58A Provisions affecting interim supervision order

Section 12(2), (3), (4) and (5) apply with respect to an interim supervision order as if a reference in that section to a supervision order were a reference to an interim supervision order.".

5 Periodic reviews of supervision orders

After section 65(2) of the Principal Act insert—

Part 5—Repeal of Amending Act

Serious Sex Offenders (Detention and Supervision) Amendment Act 2011No. 83 of 2011

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"(3) An application is not required to be made under this section if, at the time for review of the supervision order—

(a) an application has been made under section 28 to renew the supervision order; and

(b) the application under section 28 has not been withdrawn.".

6 Periodic reviews of detention orders

At the end of section 66 of the Principal Act insert—

"(2) An application is not required to be made under subsection (1) if, at the time for review of the detention order—

(a) an application has been made under section 45 to renew the detention order; and

(b) the application under section 45 has not been withdrawn.".

7 Offender serving custodial sentence at time of review

(1) For the heading to section 67 of the Principal Act substitute—

"Offender serving custodial sentence or in custody on remand at time of review".

(2) In section 67 of the Principal Act—

(a) for "Sections 65 and 66" substitute "Sections 65(1) and 66(1)";

(b) after "custodial sentence" insert "or is in custody on remand".

8 Decision on supervision order—general

s. 6Part 5—Repeal of Amending Act


5

After section 73(4) of the Principal Act insert—

"(4A) The Director of Public Prosecutions may apply to the Supreme Court for an interim detention order in respect of an offender who is the subject of an application under subsection (3) for a detention order.

(4B) Division 2 of Part 4 applies in respect of an application for an interim detention order under subsection (4A).".

9 Disputing reports

In section 113(1) of the Principal Act, after "this Act" insert "other than under Part 4".

10 New section 113A inserted

After section 113 of the Principal Act insert—

"113A Disputing reports filed with applications for interim orders

(1) The Secretary, the Director of Public Prosecutions or the offender may file with the court a notice of intention to dispute the whole or any part of any assessment report, progress report or other report made to the court or filed with an application under Part 4.

(2) If a notice is filed under subsection (1) before the application is determined, the court may, if it considers appropriate, before taking the report or the part in dispute (as the case requires) into consideration in determining the application, give the party that filed the notice the opportunity—

(a) to lead evidence on the disputed matters; and

(b) to cross-examine the author of the report on its contents.



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(3) If a notice is not filed under subsection (1) before the application is determined, the court—

(a) must take the report or the part (as the case requires) into consideration in determining the application; and

(b) is not required to give the Secretary, the Director of Public Prosecutions or the offender an opportunity to lead evidence relating to the report or the part (as the case requires) or cross-examine the author of the report on its contents.".

11 Attendance of offender at meetings of Adult Parole Board—statute law revision

In section 124(2) of the Principal Act, for "of Adult" substitute "of the Adult".

12 Proceedings for offence

(1) For section 172(3) of the Principal Act substitute—

"(3) If the person bringing the proceedings is the Secretary, the Registrar or a member of the police force of or above the rank of inspector, that person may dispense with the period of notice required by subsection (2) if he or she considers that a charge-sheet should be filed without delay, having regard to the seriousness of the alleged breach of the order.".

(2) After section 172(7) of the Principal Act insert—

"(8) In this section, the Registrar means the member of the police force holding the



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position of Registrar for the purposes of Regulations made under the Sex Offenders Registration Act 2004.".

13 Sharing of information

(1) In section 189(1) of the Principal Act, after "necessary to enable" insert "the relevant person or".

(2) In section 189(4) of the Principal Act, in the definition of relevant Act—

(a) before paragraph (a), insert—

"(aa) the Bail Act 1977; or

(aab) the Children, Youth and Families Act 2005; or

(aac) the Crimes Act 1958; or";

(b) after paragraph (c), insert—

"(ca) the Sentencing Act 1991; or";

(c) after paragraph (d), insert—

"(da) the Summary Offences Act 1966; or";

(d) in paragraph (e), after "Working with Children Act 2005;" insert "or";

(e) after paragraph (e), insert—

"(f) the Crimes Act 1914 of the Commonwealth; or

(g) the Criminal Code Act 1995 of the Commonwealth; or

(h) the Migration Act 1958 of the Commonwealth;".

(3) In section 189(4) of the Principal Act, in the definition of relevant person—



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(a) in paragraph (l), for "force." substitute "force; or";

(b) after paragraph (l), insert—

"(m) the Secretary to the Department of Immigration and Citizenship of the Commonwealth; or

(n) any person employed in the Department of Immigration and Citizenship of the Commonwealth; or

(o) any person who delivers services on behalf of the Department of Immigration and Citizenship of the Commonwealth; or

(p) the Secretary to the Attorney-General's Department of the Commonwealth; or

(q) any person employed in the Attorney-General's Department of the Commonwealth; or

(r) any person who delivers services on behalf of the Attorney-General's Department of the Commonwealth; or

(s) the Commissioner of the Australian Federal Police; or

(t) a member or a special member of the Australian Federal Police; or

(u) the Commonwealth Director of Public Prosecutions; or

(v) any person employed in the Office of the Commonwealth Director of Public Prosecutions; or

(w) any person who delivers services on behalf of the Office of the Commonwealth Director of Public Prosecutions; or



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(x) the Director of Public Prosecutions for Victoria; or

(y) the Chief Crown Prosecutor within the meaning of the Public Prosecutions Act 1994; or

(z) any Crown Prosecutor or Associate Crown Prosecutor within the meaning of the Public Prosecutions Act 1994; or

(za) the Solicitor for Public Prosecutions appointed under the Public Prosecutions Act 1994; or

(zb) any person employed in the Office of Public Prosecutions for Victoria; or

(zc) any person who delivers services on behalf of the Office of Public Prosecutions for Victoria.".

14 Guidelines for disclosure

(1) In section 190(2)(e) of the Principal Act, for "Police." substitute "Police; or".

(2) After section 190(2)(e) of the Principal Act insert—

"(f) the Director of Public Prosecutions for Victoria.".

15 Sharing information with healthcare providers—statute law revision

In section 192(2)(a) of the Principal Act, for "denominational hospital" substitute "denominational hospital,".

16 Management of offenders

In clause 11(2) of Schedule 2 to the Principal Act, for "137 and 143 to 145" substitute "137 and 142 to 146".



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PART 3—CIVIL PROCEDURE ACT 2010

17 Application of this Acts. 17

See:Act No.47/2010and amendingAct No.1/2011.LawToday:www.legislation.vic.gov.au

In section 4(2) of the Civil Procedure Act 2010—

(a) in paragraph (i), for "1991." substitute "1991;";

(b) after paragraph (i), insert—

"(j) the Serious Sex Offenders (Detention and Supervision) Act 2009.".

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PART 4—DISABILITY ACT 2006

18 Authorised Program Officer must prepare treatment plan

s. 18See:Act No.23/2006and amendingAct Nos80/2006, 25/2007, 69/2009, 74/2009, 91/2009, 13/2010, 29/2010 and 29/2011.LawToday:www.legislation.vic.gov.au

After section 153(2) of the Disability Act 2006 insert—

"(2A) When preparing a treatment plan under subsection (1), the Authorised Program Officer must ensure that the treatment plan is consistent with the order under which the person with a disability is admitted to the residential treatment facility.".

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PART 5—REPEAL OF AMENDING ACT

19 Repeal of amending Act

This Act is repealed on 1 October 2013.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 26 October 2011

Legislative Council: 24 November 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Serious Sex Offenders (Detention and Supervision) Act 2009, to make consequential and related amendments to other Acts and for other purposes."

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