{"id":"sr:sentencing-regulations-2021","name":"Sentencing Regulations 2021","slug":"sentencing-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185839,"registerId":"vic-sr:sentencing-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sentencing Regulations 2021","content":"Version No. 001\n\n**Sentencing Regulations 2021**\n\n**S.R. No. 170/2021**\n\nVersion as at  \n21 December 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definitions 2\n\nPart 2—General matters 4\n\n6 Delegations—prescribed class of person 4\n\n7 Copies of community correction orders, drug and alcohol treatment orders or fine work orders 4\n\n8 Nature of unpaid community work 4\n\n9 Regional Manager to keep records 5\n\n10 Declaration about time held in custody 6\n\nPart 3—Drug and alcohol treatment orders 7\n\n11 Drug and alcohol treatment order—prescribed person or class of person 7\n\n12 Offender's obligations on contravention of a drug and alcohol treatment order—unpaid community work 7\n\n13 Assessment or treatment under drug and alcohol treatment order under section 18ZF or 18ZG 9\n\nPart 4—Community correction orders 10\n\n14 Matters to be contained in a community correction order 10\n\n15 Offender's obligations under community correction order 11\n\nPart 5—Fines 13\n\n16 Part payment of fine to reduce unpaid community work 13\n\n17 Matters to be contained in a fines work order 13\n\n18 Offender's obligations under a fines work order 15\n\nPart 6—Variation of a sentence 17\n\n19 Application for variation etc. of community correction order 17\n\n20 Application for variation etc. of fines work order 17\n\n21 Variation of community corrections order—prescribed persons 18\n\n22 Variation of instalment order or time to pay order—prescribed persons 19\n\n23 Variation etc. of fines work order—prescribed persons 19\n\n24 Variation of an order for release on adjournment—prescribed persons 19\n\n25 Review of justice plan—prescribed persons 20\n\n26 Review of justice plan condition—prescribed persons 20\n\nPart 7—Contravention of sentence 21\n\n27 Contravention of an order—Schedule 3 to the Act 21\n\n28 Commencement of a proceeding—prescribed persons 21\n\n29 Contravention of an order—process where offender before higher court, orders of that court—prescribed persons 21\n\n30 Proper officer of sentencing court to fix date for transferred proceeding 21\n\n31 Transfer of a proceeding—form of order 21\n\nPart 8—Orders in relation to intellectually disabled offenders and mentally ill offenders 22\n\n32 Review of a justice plan condition 22\n\n33 Court Assessment Orders 22\n\nPart 9—Historical homosexual convictions 23\n\n34 Prescribed period after which a conviction becomes an expunged conviction 23\n\n35 Prescribed notification period 23\n\n36 Prescribed period for data controllers to take action 23\n\nSchedule 1—Forms 24\n\nSchedule 2—Revoked regulations 30\n\n═════════════\n\nEndnotes 31\n\n1 General information 31\n\n2 Table of Amendments 33\n\n3 Amendments Not in Operation 34\n\n4 Explanatory details 35\n\n**Version No.** **001**\n\n**Sentencing Regulations 2021**\n\n**S.R. No. 170/2021**\n\nVersion as at  \n21 December 2021\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to provide for certain orders made under the **Sentencing Act 1991**; and\n\n(b) to provide for the obligations of offenders in relation to certain orders under that Act; and\n\n(c) to prescribe any matter, form, procedure, person or class of person necessary for the administration of or to give effect to orders made under that Act.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 116 of the **Sentencing Act 1991**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 21 December 2021.\n\n\t4 Revocations\n\nThe Regulations set out in Schedule 2 are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***holiday*** means, in relation to a community corrections centre, a day appointed as a public holiday or declared as a bank holiday under the **Public Holidays Act 1993** in the place in which the community corrections centre is located;\n\n***prohibited poison*** means any Schedule 8 Poison or Schedule 9 Poison  within the meaning of the **Drugs, Poisons and Controlled Substances Act 1981**;\n\n***specified location*** means, in relation to a community correction order, drug and alcohol treatment order, fine conversion order or fine default unpaid community work order, any of the following places—\n\n(a) a community corrections centre;\n\n(b) a place which an offender is directed to attend for unpaid community work, treatment and rehabilitation or for any other purpose in accordance with a direction of—\n\n(i) the Secretary; or\n\n(ii) the Regional Manager; or\n\n(iii) a community corrections officer; or\n\n(iv) any other person authorised under the Act, these Regulations or the **Corrections Act 1986** or the regulations made under that Act (as the case requires);\n\n***the Act*** means the **Sentencing Act 1991**;\n\n***unauthorised area*** means an area designated by the Regional Manager or a community corrections officer as an area where an offender must not enter.\n\nPart 2—General matters\n\n\t6 Delegations—prescribed class of person\n\nFor the purposes of section 115B(1)(a)(iii) of the Act, a prescribed class of person in relation to Part 3A or 3B of the Act is a person employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004** at a level of Grade 6 or higher.\n\n\t7 Copies of community correction orders, drug and alcohol treatment orders or fine work orders\n\n(1) If a court makes a community correction order, drug and alcohol treatment order, or a fines work order, it must as soon as practicable serve a copy of the order on—\n\n(a) the offender; and\n\n(b) the Regional Manager.\n\n(2) A copy of the order under this regulation may be served by—\n\n(a) personal service in accordance with section 391 of the **Criminal Procedure Act 2009**; or\n\n(b) ordinary service in accordance with section 394 of the **Criminal Procedure Act 2009**.\n\n(3) Service of a document under this regulation must be proved in accordance with section 399 of the **Criminal Procedure Act 2009**.\n\n\t8 Nature of unpaid community work\n\n(1) The unpaid community work that an offender may be required to perform under a drug and alcohol treatment order, community correction order, or a fines work order is any of the following—\n\n(a) work at a hospital, educational or charitable institution or for any other non-profit body;\n\n(b) work at the home of any socially disadvantaged or disabled person or any institution for such persons;\n\n(c) work on any Crown land or land occupied by the Crown;\n\n(d) work on any land owned, leased or occupied for a public purpose by any person or body under any Act.\n\n(2) An offender must not be required to perform work of a nature that would normally be performed by paid labour.\n\n(3) For the purposes of subregulation (1), if it is not reasonable or practicable for the work to be completed onsite, it may be performed at a remote location.\n\n(4) Without limiting subregulation (3), the following circumstances may mean it is not reasonable or practicable for the offender to complete the work onsite—\n\n(a) the existence of a public health or safety risk;\n\n(b) the offender has a disability;\n\n(c) the offender has caring responsibilities;\n\n(d) the offender's residence is situated in a remote location.\n\n\t9 Regional Manager to keep records\n\nThe Regional Manager for the region in which a community corrections centre is located must keep accurate records of—\n\n(a) the dates and hours on which each offender—\n\n(i) has satisfactorily performed unpaid community work; or\n\n(ii) has not satisfactorily performed unpaid community work; and\n\n(b) the times at which the offender attends at the community corrections centre or at other places that the offender is required by the Secretary, the Regional Manager or a community corrections officer (as the case applies) to attend.\n\n\t10 Declaration about time held in custody\n\nA declaration made by a court under section 18(4) or 35(4) of the Act may be in Form 1 in Schedule 1.\n\nPart 3—Drug and alcohol treatment orders\n\n\t11 Drug and alcohol treatment order—prescribed person or class of person\n\nFor the purposes of sections 18ZH(2)(c), 18ZL(5)(b), 18ZN(2)(b) and 18ZP(3)(c) of the Act, a prescribed class of persons is—\n\n(a) community corrections officers in the Drug Court Division of the Magistrates' Court; or\n\n(b) Drug Court officers in the Drug Court Division of the County Court.\n\n\t12 Offender's obligations on contravention of a drug and alcohol treatment order—unpaid community work\n\n(1) An offender who is required to attend at a community corrections centre or a specified location, or to perform unpaid community work, under an order made under section 18ZL(1)(d) of the Act for contravening a drug and alcohol treatment order—\n\n(a) must obey all lawful instructions and directions of the Regional Manager or a community corrections officer or a Drug Court officer at the centre or the specified location; and\n\n(b) must not consume any alcohol—\n\n(i) at least 8 hours before attending at the centre or the specified location; or\n\n(ii) when attending at the centre or the specified location; or\n\n(iii) during the performance of unpaid community work; and\n\n(c) must not use a drug of addiction or prohibited poison without lawful authorisation—\n\n(i) when attending at the centre or the specified location; or\n\n(ii) during the performance of unpaid community work; and\n\n(d) must not be under the influence of alcohol, or a drug of addiction or prohibited poison without lawful authorisation, when attending at or while being at the centre or the specified location, or during the performance of unpaid community work; and\n\n(e) must not be in possession of any alcohol, or a drug of addiction or prohibited poison without lawful authorisation, at the centre or the specified location or during the performance of unpaid community work; and\n\n(f) must not leave the centre or the specified location without the permission of the Regional Manager or the community corrections officer or the Drug Court officer to whom the offender is required to report; and\n\n(g) must as soon as practicable notify the Regional Manager or a community corrections officer or a Drug Court officer at the centre or the specified location if the offender is unable to attend on any occasion as directed or required under the order; and\n\n(h) if the offender has not attended on any occasion as directed or required at the centre or specified location as a result of an illness, must give, as soon as practicable, a medical certificate signed by a registered medical practitioner to the Regional Manager or a community corrections officer or a Drug Court officer at the centre or at the specified location; and\n\n(i) must as soon as practicable notify the Regional Manager or a community corrections officer or a Drug Court officer at the centre or at the specified location of any delay in the offender's attendance on any occasion as directed or required under the order; and\n\n(j) must not enter an unauthorised area of the centre without first obtaining permission from the Regional Manager or a community corrections officer or a Drug Court officer.\n\n(2) An offender must attend at a community corrections centre or at a specified location as directed by the Regional Manager or a community corrections officer or a Drug Court officer, and do all things necessary, to have the offender's photograph taken to be included in the records of the community corrections centre.\n\n\t13 Assessment or treatment under drug and alcohol treatment order under section 18ZF or 18ZG\n\nAn offender undergoing any assessment or treatment specified or required under a drug and alcohol treatment order must—\n\n(a) answer all reasonable questions put to the offender; and\n\n(b) undergo all reasonable tests required; and\n\n(c) undergo all reasonable treatment required—\n\nby the person who is authorised to carry out that assessment or treatment.\n\nPart 4—Community correction orders\n\n\t14 Matters to be contained in a community correction order\n\n(1) A community correction order must specify the following matters—\n\n(a) the name, address, and date of birth (if known or as stated) of the offender and any other information personally identifying the offender;\n\n(b) the offence and the date of the offence for which the offender was found guilty or convicted;\n\n(c) the address and telephone number of the community corrections centre that the offender must report at;\n\n(d) the terms under section 45 of the Act attached to the order;\n\n(e) that regulation 15 prescribes the obligations that the offender must comply with under the order;\n\n(f) whether the order is a mandatory treatment and monitoring order;\n\n(g) the conditions attached to the order in accordance with section 44A(1) of the Act;\n\n(h) the condition or conditions attached to the order in accordance with section 47 of the Act;\n\n(i) the period of the order;\n\n(j) the period of any conditions (if specified by the court);\n\n(k) in relation to any intensive compliance period fixed by the court under section 39 of the Act—\n\n(i) the period that is fixed; and\n\n(ii) the condition or conditions that must be completed by the offender within that period;\n\n(l) the date the order was made by the court;\n\n(m) the date the order commences;\n\n(n) the signature of the judicial officer constituting the court who made the order;\n\n(o) the name and signature of the offender (or if the offender is unable to sign the order, the signature of the offender's legal practitioner) confirming the offender's consent to the order;\n\n(p) any other information the court thinks appropriate to include in the order.\n\n(2) For the purposes of subregulation (1)(o), if an offender or their legal practitioner is unable to sign the order, the offender's consent to the order may be indicated by any other evidence that is satisfactory to the court.\n\n(3) A community correction order must be in writing and be expressed in language likely to be readily understood by the offender.\n\n\t15 Offender's obligations under community correction order\n\n(1) For the purposes of section 45(1)(ab) of the Act, the following obligations are prescribed in relation to an offender who is required to attend at a community corrections centre or a specified location, or to perform unpaid community work, under a community correction order—\n\n(a) the offender must not consume alcohol—\n\n(i) at least 8 hours before attending at the centre or the specified location; or\n\n(ii) when attending at the centre or the specified location; or\n\n(iii) during the performance of unpaid community work;\n\n(b) the offender must not use a drug of addiction or prohibited poison without lawful authorisation—\n\n(i) when attending at the centre or the specified location; or\n\n(ii) during the performance of unpaid community work;\n\n(c) the offender must not be under the influence of alcohol, or a drug of addiction or prohibited poison without lawful authorisation, when attending at or while being at the centre or the specified location or during the performance of unpaid community work;\n\n(d) the offender must not be in possession of alcohol, or a drug of addiction or prohibited poison without lawful authorisation, at the centre or the specified location or during the performance of unpaid community work.\n\n(2) For the purposes of section 45(1)(ab) of the Act, it is a prescribed requirement that an offender must attend at a community corrections centre or at a specified location as directed by the Regional Manager or a community corrections officer, and do all things necessary, to have the offender's photograph taken and for it to be included in the records of the community corrections centre.\n\nPart 5—Fines\n\n\t16 Part payment of fine to reduce unpaid community work\n\n(1) For the purposes of section 69U(3) of the Act, payment of a fine may be made—\n\n(a) in person at a community corrections centre between 10.00 a.m. and 4.00 p.m. on any Monday to Friday that is not a holiday; or\n\n(b) by post to a community corrections centre; or\n\n(c) by electronic funds transfer, or by a credit card, to an ADI; or\n\n(d) in cash, or by bank cheque (marked \"not negotiable\") or money order made payable to the Department of Justice and Community Safety.\n\n(2) A payment by bank cheque is not made until the cheque is honoured on presentation to the relevant bank.\n\n(3) Part payment of a fine made on any occasion must be for a minimum sum of $100.00.\n\n(4) In this regulation—\n\n***electronic funds transfer*** does not include—\n\n(a) a transfer of money over the Internet; or\n\n(b) a withdrawal or transfer of money carried out by telephone banking.\n\n\t17 Matters to be contained in a fines work order\n\n(1) A fines work order must specify the following matters—\n\n(a) the name, address, and date of birth (if known or as stated) of the offender and any other information personally identifying the offender;\n\n(b) the offence and the date of the offence for which the offender was found guilty;\n\n(c) the total amount of the fine, and costs (if any);\n\n(d) the number of hours of unpaid community work that the offender must perform as fixed under the Act;\n\n(e) the terms attached to the order under section 69V of the Act;\n\n(f) the address and telephone number of the community corrections centre that the offender must report at;\n\n(g) that regulation 18 prescribes the obligations that the offender must comply with under the order;\n\n(h) the date the order was made by the court;\n\n(i) the date the order commences;\n\n(j) the period of the order;\n\n(k) the signature of the proper officer constituting the court who made the order;\n\n(l) the name and signature of the offender (or if the offender is unable to sign the order, the signature of the offender's legal practitioner) confirming the offender's consent to the order;\n\n(m) any other information the court thinks appropriate to include in the order.\n\n(2) A fines work order must be in writing and be expressed in language likely to be readily understood by the offender.\n\n(3) For the purposes of subregulation (1)(mI), if an offender or their legal practitioner is unable to sign the order, the offender's consent to the order may be indicated by any other evidence that is satisfactory to the court.\n\n\t18 Offender's obligations under a fines work order\n\n(1) For the purposes of section 69V(1) of the Act, the following obligations are prescribed in relation to an offender who is required to perform unpaid community work under a fines work order—\n\n(a) the offender must not consume or be under the influence of alcohol—\n\n(i) when attending at the centre or the specified location; or\n\n(ii) during the performance of unpaid community work;\n\n(b) the offender must not use or be under the influence of a drug of addiction or prohibited poison without lawful authorisation—\n\n(i) when attending at the centre or the specified location; or\n\n(ii) during the performance of unpaid community work;\n\n(c) the offender must not be in possession of alcohol, or a drug of addiction or prohibited poison without lawful authorisation, at the centre or the specified location or during the performance of unpaid community work;\n\n(d) the offender must not leave the centre or the specified location without the permission of the Regional Manager or a community corrections officer;\n\n(e) the offender must as soon as practicable notify the Regional Manager or a community corrections officer if the offender is unable to attend at the centre or the specified location on any occasion required under the order;\n\n(f) the offender must as soon as practicable notify the Regional Manager or a community corrections officer of any delay in the offender's attendance on any occasion as directed or required;\n\n(g) if the offender has not attended on any occasion as directed or required at the centre or the specified location as a result of an illness, the offender must give as soon as practicable a medical certificate signed by a registered medical practitioner to the Regional Manager or a community corrections officer;\n\n(h) the offender must not enter an unauthorised area of the centre without first obtaining permission from the Regional Manager or a community corrections officer.\n\n(2) For the purposes of section 69V(1)(b) of the Act, it is a prescribed requirement that an offender must attend at a community corrections centre or at a specified location as directed by the Regional Manager or a community corrections officer, and do all things necessary, to have the offender's photograph taken and for it to be included in the records of the community corrections centre.\n\nPart 6—Variation of a sentence\n\n\t19 Application for variation etc. of community correction order\n\nAn application under section 48N(1) of the Act must—\n\n(a) be made in writing; and\n\n(b) include the following particulars—\n\n(i) the name and signature of the applicant;\n\n(ii) the name of the respondent;\n\n(iii) the date of the application;\n\n(iv) the grounds for the application;\n\n(v) the court which made the order and the date of the order;\n\n(vi) the date the order commenced and ceases;\n\n(vii) the date, location and venue of the court for the hearing of the application recorded by the proper officer of the court;\n\n(viii) whether the order is a mandatory treatment and monitoring order;\n\n(ix) the conditions attached to the order under section 44A(1) of the Act;\n\n(x) any other relevant information about the order.\n\n\t20 Application for variation etc. of fines work order\n\nAn application under section 68(1) or 69J(1) of the Act must—\n\n(a) be made in writing; and\n\n(b) include the following particulars—\n\n(i) the name and signature of the applicant;\n\n(ii) the name of the respondent;\n\n(iii) the date of the application;\n\n(iv) the grounds for the application;\n\n(v) the court which made the order and the date of the order;\n\n(vi) the date the order commenced and ceases;\n\n(vii) the date, location and venue of the court for the hearing of the application recorded by the proper officer of the court;\n\n(viii) any other relevant information about the order.\n\n\t21 Variation of community corrections order—prescribed persons\n\nFor the purposes of section 48N(1)(a) of the Act, a prescribed person or a prescribed class of person is—\n\n(a) the Chief Commissioner of Police; or\n\n(b) a police officer; or\n\n(c) a Regional Manager; or\n\n(d) a community corrections officer; or\n\n(e) a person employed in the Office of Public Prosecutions who is a lawyer.\n\n\t22 Variation of instalment order or time to pay order—prescribed persons\n\nFor the purposes of section 61(1)(b) of the Act, a prescribed person or a prescribed class of person is—\n\n(a) an informant; or\n\n(b) a police officer; or\n\n(c) a person employed in the Office of Public Prosecutions who is a lawyer.\n\n\t23 Variation etc. of fines work order—prescribed persons\n\nFor the purposes of sections 68(1)(a) and 69J(1)(a) of the Act, a prescribed person or a prescribed class of person is—\n\n(a) the Chief Commissioner of Police; or\n\n(b) a police officer; or\n\n(c) a Regional Manager; or\n\n(d) a community corrections officer; or\n\n(e) a person employed in the Office of Public Prosecutions who is a lawyer.\n\n\t24 Variation of an order for release on adjournment—prescribed persons\n\nFor the purposes of section 78(3)(b) of the Act, a prescribed person or a prescribed class of person is—\n\n(a) an informant; or\n\n(b) a police officer; or\n\n(c) a person employed in the Office of Public Prosecutions who is a lawyer.\n\n\t25 Review of justice plan—prescribed persons\n\nFor the purposes of section 81(2)(c) of the Act, a prescribed person or a prescribed class of person is—\n\n(a) an informant; or\n\n(b) a police officer; or\n\n(c) a person employed in the Office of Public Prosecutions who is a lawyer.\n\n\t26 Review of justice plan condition—prescribed persons\n\nFor the purposes of section 82(2)(c) of the Act, a prescribed person or a member of a prescribed class of person is—\n\n(a) an informant; or\n\n(b) a police officer; or\n\n(c) a person employed in the Office of Public Prosecutions who is a lawyer.\n\nPart 7—Contravention of sentence\n\n\t27 Contravention of an order—Schedule 3 to the Act\n\nFor the avoidance of doubt, this Part applies to a suspended sentence order and a pre-existing suspended sentence order within the meaning of clause 6(3) of Schedule 3 to the Act.\n\n\t28 Commencement of a proceeding—prescribed persons\n\nFor the purposes of section 83AG(2)(f) of the Act, a prescribed class of persons is—\n\n(a) a Regional Manager; or\n\n(b) a community corrections officer.\n\n\t29 Contravention of an order—process where offender before higher court, orders of that court—prescribed persons\n\nFor the purposes of section 83AL(2)(f) of the Act, a prescribed class of persons is—\n\n(a) a Regional Manager; or\n\n(b) a community corrections officer.\n\n\t30 Proper officer of sentencing court to fix date for transferred proceeding\n\nIf a proceeding is transferred under section 83AJ(1) of the Act, the proper officer of the sentencing court must fix a date for the proceeding to be heard.\n\n\t31 Transfer of a proceeding—form of order\n\nThe form of an order made by the Magistrates' Court under section 83AJ(1) of the Act that a proceeding be transferred is Form 1A in Schedule 1.\n\nPart 8—Orders in relation to intellectually disabled offenders and mentally ill offenders\n\n\t32 Review of a justice plan condition\n\nThe form of an application made under section 82 of the Act is—\n\n(a) in the case of a justice plan condition attached to a mandatory treatment and monitoring order—Form 1B in Schedule 1; and\n\n(b) in any other case—Form 2 in Schedule 1.\n\n\t33 Court Assessment Orders\n\nFor the purposes of section 92(1)(b) of the Act, the prescribed information is advice about the duration of the Court Assessment Order in accordance with section 93(2) of the Act.\n\nPart 9—Historical homosexual convictions\n\n\t34 Prescribed period after which a conviction becomes an expunged conviction\n\nFor the purposes of section 105I(3) of the Act, the prescribed period is 42 days.\n\n\t35 Prescribed notification period\n\nFor the purposes of section 105K(1) of the Act, the prescribed period is 14 days.\n\n\t36 Prescribed period for data controllers to take action\n\nFor the purposes of section 105K(2) of the Act, the prescribed period is 28 days.\n\nSchedule 1—Forms\n\nForm 1\n\nRegulation 10\n\nDeclaration about Time Held in Custody\n\nRef. No.\n\nOn / / the Court at  \nsentenced of Date of Birth / / to weeks months years detention imprisonment\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nDeclaration\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nThe offender has been held in custody in relation to proceedings connected with the offence to which this sentence applies and for no other reason for—\n\nDays\n\nWeeks\n\nMonths\n\nThis period is to be reckoned as already served under the sentence.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nThis declaration was made by\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nSignature Judge/Magistrate\n\nDay Month Year\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nForm 1A\n\nRegulation 31\n\nTransfer of Proceeding from the Magistrates' Court to the County Court*/Supreme Court* Under Section 83AJ of the Sentencing Act 1991\n\nThe Magistrates' Court of Victoria at\n\nInformant:\n\nAccused:\n\nD.O.B:\n\nProceeding commenced by: Charge and Summons*/Charge and Warrant*\n\nNature of Charge: That the Accused did contravene a sentencing order under section of Part 3C*/clause of Schedule 3* of the **Sentencing Act 1991**.\n\nI, [*name*], registrar of the Magistrates' Court of Victoria at [*venue*] order that the proceeding under the **Sentencing Act 1991** be transferred to the\n\nCOUNTY COURT at */SUPREME COURT at *\n\nThis order is made under section 83AJ(1) of the **Sentencing Act 1991** and takes effect; on the filing of the evidence of service of the summons in the above mentioned court*/on the execution of the warrant against the offender*.\n\nDated at:\n\nOn:\n\n**Registrar of the Magistrates' Court of Victoria**\n\n* Strike out whichever is inapplicable.\n\n**Form 1B**\n\nRegulation 32(a)\n\n**Application for Review of Justice Plan Condition Attached to a MANDATORY TREATMENT AND MONITORING ORDER**\n\nRef. No.\n\nThis application is being made by  \nof\n\nTO:  \nof\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nSENTENCE\n\nOn / / , the Court made a mandatory treatment and monitoring order for the following offence:\n\nThe Court made an order attaching a justice plan condition that you/I participate in the services specified in a justice plan for a period of\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nAPPLICATION\n\nI intend to apply to the Court under section 82(1) of the **Sentencing Act 1991** to review the justice plan condition.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nGROUNDS OF THIS APPLICATION\n\n🞏 that the offender is no longer willing to comply with the justice plan condition.\n\n🞏 that the needs of the offender are not being met by the justice plan condition.\n\n🞏 that the offender has failed without reasonable excuse to comply with the justice plan condition.\n\n🞏 that the justice plan condition is no longer appropriate.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nNOTICE OF APPLICATION\n\nThe above application is being made to the Court  \nat .\n\nThe application will be heard on Day Month Year  \nat a.m./p.m.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nTAKE NOTE\n\nThe justice plan condition must not be cancelled. If the justice plan condition is varied, the condition as varied must be as onerous as, or more onerous than, the previous condition. See section 44A(3) of the **Sentencing Act 1991**.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nSignature of applicant\n\nWARNING TO THE OFFENDER:\n\nIf you do not attend Court at the above time and place, a warrant to arrest may be issued against you.\n\n🞏 Tick whichever applies\n\nForm 2\n\nRegulation 32(b)\n\nApplication for Review of Justice Plan Condition\n\nRef. No.\n\nThis application is being made by  \nof\n\nTO:  \nof\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nSENTENCE\n\nOn / / 🞏 the court made a community correction order in respect of\n\n🞏 you were/I was released on an adjournment following conviction/without conviction\n\nfor the following offence:\n\nThe Court made an order attaching a justice plan condition that you/I participate in the services specified in a justice plan for a period of\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nAPPLICATION\n\nI intend to apply to the Court under section 82(1) of the **Sentencing Act 1991** to review the justice plan condition.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nGROUNDS OF THIS APPLICATION\n\n🞏 that the offender is no longer willing to comply with the justice plan condition.\n\n🞏 that the needs of the offender are not being met by the justice plan condition.\n\n🞏 that the offender has failed without reasonable excuse to comply with the justice plan condition.\n\n🞏 that the justice plan condition is no longer appropriate.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nNOTICE OF APPLICATION\n\nThe above application is being made to the Court  \nat .\n\nThe application will be heard on Day Month Year  \nat a.m./p.m.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nSignature of applicant\n\nWARNING TO THE OFFENDER: If you do not attend Court at the above time and place, a warrant to arrest may be issued against you.\n\n🞏 Tick whichever applies\n\nSchedule 2—Revoked regulations\n\nRegulation 4\n\n| *S.R. No.* | *Title* |\n| --- | --- |\n| 159/2011 | Sentencing Regulations 2011 |\n| 74/2012 | Sentencing Amendment Regulations 2012 |\n| 73/2013 | Sentencing Amendment Regulations 2013 |\n| 16/2014 | Sentencing Amendment Regulations 2014 |\n| 57/2014 | Sentencing Further Amendment Regulations 2014 |\n| 38/2016 | Sentencing Amendment Regulations 2016 |\n| 162/2018 | Sentencing Amendment Regulations 2018 |\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Sentencing Regulations 2021, S.R. No. 170/2021 were made on 21 December 2021 by the Governor in Council under section 116 of the **Sentencing Act 1991**, No. 49/1991 and came into operation on 21 December 2021: regulation 3.\n\nThe Sentencing Regulations 2021 will sunset 10 years after the day of making on 21 December 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Sentencing Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the substantive content of the regulations was not provided. Only title, version status, and administrative metadata were included in the source material."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history were included","No substantive provisions available to assess cross-referencing complexity","No definitions, schedules, or operative clauses present to evaluate","Cannot assess interaction with parent Act or other legislation without content"],"plain_english_summary":"The Sentencing Regulations 2021 (Vic, SR 170/2021) are subordinate legislation setting rules that govern how courts impose penalties for criminal offences in Victoria. They affect convicted people, judges and magistrates, lawyers, and victims by shaping sentencing procedures and outcomes. A detailed analysis isn’t possible here because the regulations’ substantive text was not provided."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope as procedural and administrative support for the Sentencing Act 1991. The 2021 version consolidates previous amendments (revoking 7 earlier statutory rules) but does not appear to expand beyond the traditional territory of sentencing administration, offender management, and order enforcement."},"complexity_factors":["Moderate cross-referencing to the Sentencing Act 1991 (the 'parent' Act) with over 20 specific section references","4 defined terms in the interpretation section, but extensive use of defined terms from the parent Act","Repetitive structure with similar obligations repeated across different order types (drug orders, community orders, fines orders)","Multiple prescribed persons/classes specified across 8 different regulations (Regs 6, 11, 21-26, 28-29) with slight variations","Conditional logic in Regulation 8 about when work can be done remotely (public health risks, disabilities, caring responsibilities)","Form-based requirements in Schedule 1 with specific formatting and tick-box options","Nested subsections in offender obligations (e.g., Reg 12(1) has 10 paragraphs (a)-(j) plus sub-sub-paragraphs)"],"plain_english_summary":"These regulations set out the practical rules for how sentencing orders work in Victoria. They cover:\n\n**What it does:**\n- **Drug and alcohol treatment orders**: Rules for offenders with substance abuse issues, including who can supervise them and what happens if they break the rules (like doing unpaid community work).\n- **Community correction orders**: What information must be in these orders (like the offender's details, conditions, and duration) and what offenders must do (no alcohol or drugs before or during work, having photos taken).\n- **Fines and unpaid work**: How people can pay off fines through community work, what the work orders must include, and rules about part-payments (minimum $100).\n- **Changing sentences**: Who can apply to vary or review orders (police, corrections officers, prosecutors) and what forms to use.\n- **Breaking orders**: Procedures when someone breaches their sentence, including transferring cases between courts.\n- **Historical convictions**: Timeframes for expunging old homosexual convictions (42 days for automatic expungement, 14 days for notification, 28 days for record updates).\n\n**Who it affects:**\n- Offenders serving community-based sentences instead of prison\n- Corrections staff (Regional Managers, community corrections officers)\n- Drug Court officers\n- Police and prosecutors\n- Courts making and varying orders\n\n**Why it matters:**\nThese regulations put the Sentencing Act into practice. They ensure consistency in how orders are written, what offenders can and cannot do, and who has authority to make changes. The rules protect both community safety (through strict conditions on drug/alcohol use) and offender rights (through clear procedures and accessible language requirements)."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulations implement and operationalise matters authorised by section 116 of the Sentencing Act 1991 (reg 2) and state their objectives (reg 1). They prescribe procedures, forms, prescribed persons/classes, offender obligations, payment rules and timeframes, and revoke earlier regulations (Schedule 2). The instrument itself does not indicate an expansion beyond those authorised purposes; it confines its scope to administrative and procedural details necessary to give effect to orders under the Act."},"complexity_factors":["Extensive cross-references to the Sentencing Act 1991 and other statutes (Criminal Procedure Act 2009; Corrections Act 1986; Drugs, Poisons and Controlled Substances Act 1981; Public Holidays Act 1993).","Multiple prescribed classes of persons with differing authorities and roles (eg. delegations to Grade 6+ staff; Regional Managers; Drug Court officers) across Parts 3–7.","Detailed, operational prescriptions for offender obligations across different orders (drug and alcohol treatment orders, community correction orders, fines work orders) (regs 12,15,18).","Numerous procedural requirements and prescribed forms (service, applications for variation, transfer orders, review applications — Schedule 1 and regs 7,19–21,31–33).","Administrative and evidentiary rules (record‑keeping duties for Regional Managers, proof of service, declarations about time in custody) (regs 9,7,10).","Prescribed payment mechanics and limits (minimum $100 part‑payments; permitted payment channels and definition exclusions for electronic funds transfers) (reg 16).","Prescribed timeframes and binary procedural deadlines for historical conviction expungement and notifications (regs 34–36).","Frequent cross-cutting interactions between court discretion and correctional administration create implementation dependencies and operational burden on multiple agencies."],"plain_english_summary":"These Regulations set out how orders under the Sentencing Act 1991 are to operate: prescribed forms and notice, who may be delegated powers, offender obligations (attendance, alcohol/drug prohibitions, photographs), unpaid community work types, payment methods for fines, record‑keeping, and timeframes for expungement notifications.  They affect offenders (compliance costs, minimum $100 part‑payments for fine reductions), courts (forms and service obligations) and corrections managers/officers (discretion to direct attendance, designate unauthorised areas and keep records) (regs 6–10,15–18,16)."}},"importantCases":[],"_links":{"self":"/api/acts/sentencing-regulations-2021","history":"/api/acts/sentencing-regulations-2021/history","analysis":"/api/acts/sentencing-regulations-2021/analysis","conflicts":"/api/acts/sentencing-regulations-2021/conflicts","importantCases":"/api/acts/sentencing-regulations-2021/important-cases","documents":"/api/acts/sentencing-regulations-2021/documents"}}