Serious Offenders Act 2018

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

(a) primarily, to provide for enhanced protection of the community by requiring offenders who have served custodial sentences for certain serious sex offences or certain serious violence offences and who present an unacceptable risk of harm to the community to be subject to ongoing detention or supervision; and

(b) secondly, to facilitate the treatment and rehabilitation of those offenders; and

(c) to repeal the Serious Sex Offenders (Detention and Supervision) Act 2009 and consequentially amend other Acts.

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 25 March 2019, it comes into operation on that day.

3 Definitions

In this Act—

S. 3 def. of acknowledge-ment of sex application inserted by No. 25/2019 s. 31.

acknowledgement of sex application means an application—

(a) under section 30A or 30E of the Births, Deaths and Marriages Registration Act 1996; or

(b) under a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;

Adult Parole Board means the Adult Parole Board established under the Corrections Act 1986;

assessment report means a report referred to in section 269;

authorised instrument of restraint means an instrument, or a type of instrument, that is approved under section 55D of the Corrections Act 1986 and is used in the manner determined by the Secretary under that section;

S. 3 def. of authorised person inserted by No. 28/2025 s. 3(2).

authorised person means—

(a) any member, or the secretary, of the Adult Parole Board; or

(b) the Secretary; or

(c) an independent prison visitor appointed under section 35 of the Corrections Act 1986; or

(d) any person employed in the Department of Justice and Community Safety; or

(e) any person who delivers services or advice to, or on behalf of, the Department of Justice and Community Safety, whether paid or unpaid; or

(f) the Secretary to the Department of Families, Fairness and Housing or the Secretary to the Department of Health; or

(g) any person employed in the Department of Families, Fairness and Housing or the Department of Health; or

(h) any person who delivers services or advice on behalf of the Department of Families, Fairness and Housing or the Department of Health; or

(i) a person employed or engaged by a hospital listed in Schedule 1 to the Health Services Act 1988; or

(j) a person employed or engaged by a hospital listed in Schedule 2 to the Health Services Act 1988; or

(k) a person employed or engaged by a public health service listed in Schedule 5 to the Health Services Act 1988; or

(l) any member of the Authority or any employee assisting the Authority under section 301 to perform its functions; or

(m) any person who delivers services or advice to, or on behalf of, the Authority, whether paid or unpaid; or

(n) a person or body from which a responsible agency seeks or obtains advice; or

(o) a person or body prescribed as a responsible agency under paragraph (d) of the definition of responsible agency; or

(p) the Chief Commissioner of Police; or

(q) a police officer; or

(r) any Victoria Police employee within the meaning of the Victoria Police Act 2013; or

(s) any person who delivers services or advice on behalf of Victoria Police; or

(t) an Australian lawyer engaged for the purpose of obtaining legal advice or representation in relation to the administration or operation of this Act; or

(u) the Secretary to the Department of Home Affairs of the Commonwealth; or

(v) any person employed in the Department of Home Affairs of the Commonwealth; or

(w) any person who delivers services or advice on behalf of the Department of Home Affairs of the Commonwealth; or

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

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

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

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

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

(zc) the Commonwealth Director of Public Prosecutions; or

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

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

(zf) the DPP; or

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

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

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

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

(zk) any person who delivers services or advice on behalf of the Office of Public Prosecutions for Victoria; or

(zl) an NDIS provider, and a registered NDIS provider, within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; or

(zm) the Attorney General for New South Wales; or

(zn) a prescribed person or body;

Authority means the Post Sentence Authority continued in existence under section 290;

certificate of available resources means a certificate referred to in section 344;

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

Commissioner means the person employed as Commissioner under section 8A of the Corrections Act 1986;

community corrections officer has the same meaning as in the Corrections Act 1986;

coordinated services plan means a plan referred to in section 332;

core conditions, in relation to a supervision order or an interim supervision order, means the conditions set out in section 31;

S. 3 def. of custodial sentence amended by No. 43/2020 s. 39.

custodial sentence means—

(a) a sentence imposed by a court that an offender serve a term of imprisonment; or

(b) that part of an old combined custody and treatment order (within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991) which an offender serves in a prison; or

(c) that part of a sentence imposed by a court that an offender be detained in a youth justice centre which an offender serves in a prison or police gaol (excluding any period in a prison or police gaol solely on a temporary basis pending transfer to or from a youth justice centre); or

(d) an order made under section 18M of the Sentencing Act 1991; or

(e) an order made under section 31(5)(a) or (b) of the Sentencing Act 1991 (as in force before its repeal); or

(f) an order made under section 83AR(1)(a) or (b) of the Sentencing Act 1991 (as in force before its repeal); or

(g) a court secure treatment order made under section 94B of the Sentencing Act 1991 or an order taken to be a court secure treatment order by section 94G of that Act—

but does not include—

(h) a suspended sentence of imprisonment except as provided in paragraph (e) or (f); or

(i) a drug and alcohol treatment order referred to in section 18ZT of the Sentencing Act 1991; or

(j) an intensive correction order made under section 19 of the Sentencing Act 1991 (as in force before its repeal); or

(k) a community correction order made under Part 3A of the Sentencing Act 1991; or

(l) an order made under section 59 of the Corrections Act 1986 (as in force before its repeal);

S. 3 def. of designated mental health service amended by No. 39/2022 s. 865.

designated mental health service has the same meaning as in the Mental Health and Wellbeing Act 2022;

S. 3 def. of detention order amended by No. 45/2019 s. 3(a).

detention order means an order made under section 62, 73, 107 or 108 and includes any extension of the order;

DPP means the Director of Public Prosecutions for Victoria;

eligible offender has the meaning set out in section 8;

emergency detention order means an order made under section 89 or 120;

firearms authority means a licence, permit or other authority under the Firearms Act 1996 to possess, carry or use firearms;

garment search means a search of any article of clothing worn by a person or in the person's possession, where the article of clothing is touched or removed from the person's body;

immigration detention has the same meaning as in section 5 of the Migration Act 1958 of the Commonwealth;

indefinite sentence has the same meaning as in the Sentencing Act 1991;

intensive treatment and supervision condition means a condition on a supervision order imposed under section 32;

interim detention order means an order made under section 76 or 122;

interim supervision order means an order made under section 47 or 122;

law enforcement agency means—

(a) Victoria Police; or

(b) the Australian Federal Police;

legal practitioner means an Australian legal practitioner;

medical expert means—

(a) a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the speciality of psychiatry (other than as a student); or

(b) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or

(c) a person who is qualified or registered to practise psychology in a place outside Australia; or

(d) any other health service provider (within the meaning of the Health Complaints Act 2016) of a prescribed kind;

notice to attend means a notice served under section 303 requiring a person to attend a meeting of the Authority;

notice to produce means a notice served under section 303 requiring a person to produce a specified document or other thing to the Authority;

officer in charge means—

(a) in the case of a residential facility, the officer in charge of the residential facility; or

(b) in the case of a residential treatment facility, the officer in charge of the residential treatment facility; or

(c) in the case of any other place where an offender resides, the Commissioner;

pat-down search means a search of a person where the person's clothed body is touched;

physical examination means an examination of a person's body that involves touching of the person or removal of the person's clothing;

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

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

prison officer has the same meaning as in the Corrections Act 1986;

progress report means a report referred to in section 270;

registered dentist means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the dental profession as a dentist (other than as a student); and

(b) in the dentists division of that profession;

registered nurse means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and

(b) in the registered nurses division of that profession;

S. 3 def. of Registrar inserted by No. 25/2019 s. 31.

Registrar means—

(a) the Victorian Registrar; or

(b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages;

S. 3 def. of relevant Act inserted by No. 28/2025 s. 3(2).

relevant Act means—

(a) the Bail Act 1977; or

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

(c) the Control of Weapons Act 1990; or

(d) the Corrections Act 1986; or

(e) the Crimes Act 1958; or

(f) the Disability Act 2006; or

(g) the Family Violence Protection Act 2008; or

(h) the Firearms Act 1996; or

(i) the Housing Act 1983; or

(j) the Mental Health and Wellbeing Act 2022; or

(k) the National Domestic Violence Order Scheme Act 2016; or

(l) the Personal Safety Intervention Orders Act 2010; or

(m) the Sentencing Act 1991; or

(n) the Sex Offenders Registration Act 2004; or

(o) the Summary Offences Act 1966; or

(p) the Worker Screening Act 2020; or

(q) the Crimes Act 1914 of the Commonwealth; or

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

(s) the Migration Act 1958 of the Commonwealth; or

(t) the National Disability Insurance Scheme Act 2013 of the Commonwealth; or

(u) the Crimes (High Risk Offenders) Act 2006 of New South Wales;

remotely-piloted aircraft includes the controls for the aircraft;

residential facility means premises appointed under section 178 to be a residential facility;

residential treatment facility means premises appointed under section 195 to be a residential treatment facility;

S. 3 def. of responsible agency amended by No. 28/2025 s. 3(1).

responsible agency means—

(a) the Secretary; or

(b) the Secretary to the Department of Families, Fairness and Housing; or

(ba) the Secretary to the Department of Health; or

(c) the Chief Commissioner of Police; or

(d) a prescribed person or body, if any;

restrictive condition means—

(a) a core condition referred to in section 31(2), (3), (4), (5), (7) or (9); or

(b) a condition declared under section 41 to be a restrictive condition;

scanning search means a search of a person, or of the property of a person, using an electronic or other device, during which the person is not touched;

S. 3 def. of Secretary amended by No. 45/2019 s. 18(1)(a).

Secretary means the Secretary to the Department of Justice and Community Safety;

security officer has the same meaning as in the Corrections Act 1986;

serious sex offence means an offence referred to in Schedule 1;

serious violence offence means an offence referred to in Schedule 2;

specified officer means a person authorised to act as a specified officer under section 340;

supervision officer means—

(a) a community corrections officer; or

(b) an employee in the public service who is working at a residential facility or a residential treatment facility and is engaged in the supervision of offenders or the day to day management of the facility;

S. 3 def. of supervision order amended by No. 45/2019 s. 3(b).

supervision order means an order made under section 14, 24, 62 or 108 and includes any extension of the order;

treatment and supervision plan means a plan referred to in section 274;

S. 3 def. of Victorian Registrar inserted by No. 25/2019 s. 31.

Victorian Registrar means the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996;

weapons approval means an approval under section 8C of the Control of Weapons Act 1990;

weapons exemption means an exemption granted under section 8B of the Control of Weapons Act 1990;

S. 3 def. of working day amended by No. 45/2019 s. 18(1)(b).

working day—

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

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

4 Offender still serving sentence when on parole

For the purposes of this Act, an offender is serving a custodial sentence even if the offender is released on parole under the Corrections Act 1986 in respect of the sentence.

5 Safety and protection of community paramount in any decision under this Act

In making any decision under this Act, a person or body must give paramount consideration to the safety and protection of the community.

6 Nature of proceeding

(1) A proceeding under this Act in a court is civil in nature, unless otherwise provided by this Act.

(2) A proceeding referred to in subsection (1) is not a civil proceeding to which the rules regulating the practice and procedure of a court in a civil proceeding apply.

Section 4(2)(j) of the Civil Procedure Act 2010 provides that that Act does not apply to proceedings under the Serious Offenders Act 2018.

7 Operation of supervision order or interim supervision order

For the avoidance of doubt, it is intended that a supervision order or an interim supervision order operates to the extent that it can validly do so.

Part 2—Assessment of eligible offenders

8 Eligible offender

(1) A person is an eligible offender if the person is of or over the age of 18 years and—

(a) the Supreme Court or the County Court or an equivalent court of another State or a Territory has at any time (whether before, on or after the commencement of this Act) imposed on the person, whether at first instance or on appeal from the Supreme Court or the County Court, a custodial sentence for a serious sex offence or a serious violence offence; and

(b) the person is serving in Victoria—

(i) the custodial sentence referred to in paragraph (a), whether or not the sentence is being served concurrently with or cumulatively on a custodial sentence for another offence; or

(ii) a custodial sentence for another offence that is being served cumulatively on the custodial sentence referred to in paragraph (a) that has been served, irrespective of when the sentence was imposed; or

(iii) a custodial sentence for another offence that is being served cumulatively on the custodial sentence referred to in subparagraph (ii) that has been served, irrespective of when the sentence was imposed.

(2) A person is an eligible offender if—

(a) the person is remanded in custody or is serving a custodial sentence for any offence; and

(b) at the time when the person was remanded in custody or began to serve the custodial sentence, the person—

(i) was the subject of an application for a supervision order, a detention order or an emergency detention order; or

(ii) was subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order.

(3) A person is an eligible offender if the person is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order, whether or not the person is remanded in custody or is serving a custodial sentence.

(4) Despite any other provision of this section, a person is not an eligible offender if on appeal—

(a) the conviction or finding of guilt in respect of the serious sex offence or serious violence offence by reason of which the person is an eligible offender is set aside; or

(b) the custodial sentence is varied and a different sentence is imposed such that the person is not an eligible offender.

9 Secretary may decide to proceed with application for order

(1) The Secretary may decide—

(a) to apply under section 13 for a supervision order in respect of an eligible offender; or

(b) not to proceed under paragraph (a).

(2) If the Secretary considers that an application for a detention order should be made, the Secretary must refer to the DPP the question of whether or not to apply under section 61 for a detention order in respect of an eligible offender.

(3) For the purposes of subsections (1)(a) and (2), the Secretary—

(a) must have regard to an assessment report in respect of the eligible offender; and

(b) may have regard to any other report, information or matter that the Secretary considers relevant.

(4) For the purposes of subsection (1)(b), the Secretary may have regard to—

(a) an assessment report in respect of the eligible offender; and

(b) any other report, information or matter that the Secretary considers relevant.

(5) If the Secretary refers a question to the DPP under subsection (2), the Secretary must give to the DPP—

(a) a copy of the assessment report to which the Secretary had regard under subsection (3); and

(b) any other report or information requested by the DPP.

(6) Nothing in this section requires the Secretary to apply for a supervision order in respect of an eligible offender.

Part 18 sets out requirements for an assessment report.

10 Referral to DPP

(1) On a referral under section 9(2), the DPP must decide whether or not to apply under section 61 for a detention order in respect of the eligible offender.

(2) For the purposes of subsection (1), the DPP—

(a) must have regard to the assessment report in respect of the eligible offender; and

(b) may have regard to any other report, information or matter that the DPP considers relevant.

(3) Nothing in this section requires the DPP to apply for a detention order in respect of an eligible offender.

(4) If the DPP decides not to apply for a detention order, the DPP may refer the matter back to the Secretary.

11 When DPP decides not to apply for detention order

If the DPP decides not to apply for a detention order, whether or not the DPP refers the matter back to the Secretary, the Secretary may decide—

(a) to apply under section 13 for a supervision order in respect of the eligible offender; or

(b) not to proceed under paragraph (a).

Part 3—Supervision orders

Division 1—Court in which to commence application

12 Court in which to commence application

(1) Unless the context otherwise requires, the court in which an application under this Part is to be commenced is the Supreme Court or the County Court, being the court referred to in section 8(1)(a) that sentenced the offender to the custodial sentence.

(2) If an offender was sentenced by an equivalent court of another State or a Territory and is an eligible offender, the court in which an application under this Part is to be commenced is the Supreme Court or the County Court, being the equivalent court to the court that sentenced the offender.

(3) If, on appeal from the Supreme Court or the County Court, a custodial sentence is imposed on an offender, an application under this Part is to be commenced in the court from which the appeal was brought.

(4) If an offender is subject to a detention order or an interim detention order, the court in which an application under this Part is to be commenced is—

(a) the court referred to in subsection (1); or

(b) the Supreme Court.

Division 2—Making of supervision order

13 Application for supervision order

(1) The Secretary may apply to the court referred to in section 12 for a supervision order in respect of a person who is an eligible offender at the time when the application is commenced.

(b) at least one assessment report in respect of the eligible offender; and

(c) if the Secretary intends to request the imposition of an intensive treatment and supervision condition, a treatment and supervision plan.

(3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender—

(b) a copy of each document filed with the application; and

(iii) the nature of a supervision order.

(4) An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4).

14 Determination of application for supervision order

(1) On an application under section 13, the court may make a supervision order in respect of an eligible offender if, and only if, the court is satisfied that—

(a) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious sex offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a supervision order is not made and the offender is in the community; or

(b) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious violence offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a supervision order is not made and the offender is in the community.

(2) In determining whether an offender poses or will pose an unacceptable risk under subsection (1)—

(a) the court must have regard to—

(i) subject to section 273, any assessment report or progress report filed in relation to the application, whether by the Secretary or the offender; and

(ii) any other report filed, tendered or made, or evidence given, in relation to the application; and

(iii) any other matter the court considers appropriate; and

(b) the court must not have regard to—

(i) the means of managing the risk; or

(ii) the likely impact of a supervision order on the offender.

(3) For the purposes of subsection (1), the court must be satisfied by acceptable, cogent evidence to a high degree of probability that the offender poses or will pose an unacceptable risk.

(4) The court may determine that an offender poses or will pose an unacceptable risk under subsection (1) even if the likelihood that the offender will commit a serious sex offence or a serious violence offence or both is less than more likely than not.

(5) The Secretary has the burden of proving that an offender poses or will pose an unacceptable risk under subsection (1).

(6) If the court is satisfied as required by subsection (1), the court may—

(a) make a supervision order; or

(b) make no order.

(7) The court may hear and determine an application under section 13 even if the offender has ceased to be an eligible offender because—

(b) the offender is no longer subject to a detention order.

(8) The court may hear and determine an application under section 13 even if the offender is remanded in custody or is serving a custodial sentence.

15 Conditions of supervision order

A supervision order is subject to the core conditions set out in section 31 and any other conditions that the court imposes under Division 3.

16 Content of supervision order

S. 16(1) amended by No. 45/2019 s. 4.

(1) A supervision order must state that the court is satisfied that the offender poses, or after release from custody will pose, an unacceptable risk of committing—

(a) a serious sex offence; or

(b) a serious violence offence; or

(c) both a serious sex offence and a serious violence offence—

if a supervision order is not made and the offender is in the community.

(2) A supervision order must specify—

(c) the date on which the order commences under section 18; and

(d) the period of the order under section 19; and

(e) the conditions of the order under section 15; and

(f) if the order is subject to an intensive treatment and supervision condition—

(i) the period of the condition; and

(ii) the latest date by which an application for the first review of the condition must be made under section 113; and

(g) the latest date by which an application for the first review of the order must be made under Part 8 and the maximum intervals between subsequent reviews.

(3) A supervision order must be signed by the judge constituting the court that made it and include the name of the judge.

17 Copy of supervision order

(1) As soon as practicable after the making of a supervision order, the Secretary must give a copy of the order to—

(2) If the offender commences serving a custodial sentence before the expiry or revocation of the supervision order, the Secretary must give as soon as practicable a copy of the order to the Adult Parole Board.

18 Commencement of supervision order

(1) Subject to subsection (2), a supervision order commences—

(a) if the offender is serving a custodial sentence when the supervision order is made, on the day on which the offender completes the custodial sentence or any consecutive or concurrent custodial sentence, whichever is later; or

(b) if the offender is remanded in custody when the supervision order is made, on the day on which the offender is released from custody; or

(c) if the offender is in immigration detention when the supervision order is made, on the day on which the offender is released from immigration detention; or

(d) in any other case, on the date specified in the supervision order.

(2) A supervision order that has been renewed commences on the date specified in the renewed supervision order.

19 Period of supervision order

(1) Unless sooner revoked, the period of a supervision order is a period not exceeding 15 years specified by the court in the order.

(2) Any time spent in custody on remand or serving a custodial sentence during the period of a supervision order that has commenced counts in calculating the period of the supervision order.

(3) Any time spent in detention subject to an emergency detention order during the period of a supervision order that has commenced counts in calculating the period of the supervision order.

(4) Any time spent in immigration detention during the period of a supervision order that has commenced does not count in calculating the period of the supervision order.

(5) If an offender is subject to a supervision order and is sentenced to a community correction order (within the meaning of the Sentencing Act 1991), the community correction order is to be served concurrently with the supervision order.

20 Suspension of conditions of supervision order

(1) Subject to subsection (2), the conditions of a supervision order are suspended during any time spent in custody on remand, serving a custodial sentence, in detention subject to an emergency detention order or in immigration detention during the period of the supervision order.

(2) The conditions of a supervision order are not suspended during a period when the offender is released on parole.

21 Expiry of supervision order

A supervision order expires on the first of the following to occur—

(a) at the end of its period of operation;

(b) on its revocation by a court under this Act;

(c) on the commencement of another supervision order or a detention order or interim detention order replacing it;

On the expiry of a supervision order, any directions given by the Authority under the order no longer apply.

22 Application for renewal of supervision order

(1) At any time before the expiry of a supervision order in respect of an eligible offender, the Secretary may apply to the court that made the supervision order for the renewal of the order.

(b) at least one assessment report or the latest progress report in respect of the offender.

(3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender—

(b) a copy of the assessment report or progress report filed with the application; and

(iii) the nature of a supervision order.

(4) An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4).

(5) An application for the renewal of a supervision order may be made more than once.

(6) An application for the renewal of a supervision order may be made even if the offender is remanded in custody or is serving a custodial sentence.

23 Progress report may be prepared

The Secretary may cause a progress report to be prepared in respect of an eligible offender for the purposes of an application for the renewal of a supervision order.

Part 18 sets out requirements for a progress report.

24 Determination of application for renewal of supervision order

(1) On an application under section 22, the court may—

(a) renew the supervision order; or

(b) revoke the supervision order; or

(c) make no order under paragraph (a) or (b).

(2) An application for the renewal of a supervision order may be heard and determined despite the expiry of the supervision order sought to be renewed.

(3) Subject to this section, section 14 applies to the determination of an application under section 22 as if a reference to an application under section 13 were a reference to an application under section 22.

(4) If the court renews a supervision order, it may—

(a) vary, add or remove any condition of the order; or

(b) vary the maximum intervals between applications for review of the order.

(5) If the court renews a supervision order, the existing supervision order, if any, is revoked on the commencement of the supervision order that is renewed.

(6) The period of a supervision order that is renewed is the period specified under section 19(1).

25 Renewed supervision order

(1) This Act applies to a supervision order that is renewed in the same way as it applies to any other supervision order.

(2) The expiry of a supervision order sought to be renewed does not prevent the renewal of the order.

26 Notices in relation to indefinite sentence

(1) The DPP must notify the Secretary as soon as practicable after an indefinite sentence is imposed on an offender who is subject to a supervision order.

(2) As soon as practicable after being notified under subsection (1), the Secretary must give notice of the indefinite sentence and of its effect on the supervision order to the Authority.

Division 3—Conditions of supervision order

27 Purposes of conditions of supervision order

(1) The primary purpose of the conditions of a supervision order is to reduce the risk of the offender re-offending by committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3.

(2) The secondary purpose of the conditions of a supervision order is to provide for the reasonable concerns of the victim or victims of the offender in relation to their own safety and welfare.

(3) In order to reduce the risk of the offender re‑offending, the conditions may—

(a) promote the rehabilitation and treatment of the offender; and

(b) address types of behaviour that may increase the risk of the offender—

(i) committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or

(ii) engaging in any behaviour or conduct that threatens the safety of any person (including the offender).

(4) The court must ensure that any conditions
of a supervision order (other than the core conditions)—

(a) constitute the minimum interference with the offender's liberty, privacy or freedom of movement that is necessary in the circumstances to ensure the purposes of the conditions; and

(b) are reasonably related to the gravity of the risk of the offender re-offending.

28 Submissions relating to conditions

(1) The Secretary and the offender may make submissions to the court in relation to the conditions of a supervision order.

A victim of the offender may also make a submission—see sections 134 and 135.

(2) Before imposing any condition (other than a core condition) on a supervision order, the court—

(a) must consider any victim submission it receives under section 134 in relation to the matter; and

(b) may give the submission the weight that the court thinks fit.

29 Consideration of certificate of available resources

(1) In considering the conditions (other than the core conditions) to impose on a supervision order, the court must consider any certificate of available resources provided by the Secretary.

(2) The court must not impose a condition on a supervision order that is inconsistent with a certificate of available resources provided to the court.

Section 344 provides for certificates of available resources.

30 Court may consider other orders

(1) In considering the conditions (other than the core conditions) to impose on a supervision order, the court must have regard to the conditions of any of the following orders to which the offender is subject—

(a) an interim accommodation order or a family preservation order within the meaning of the Children, Youth and Families Act 2005;

(b) a family violence intervention order or a recognised DVO within the meaning of the Family Violence Protection Act 2008;

(c) a personal safety intervention order within the meaning of the Personal Safety Intervention Orders Act 2010;

(d) any of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal—

(i) an intervention order made on grounds referred to in section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act;

(ii) an interim intervention order made on grounds referred to in section 8 of that Act;

(e) an intervention order within the meaning of the Stalking Intervention Orders Act 2008 (as in force before its repeal);

(f) an order made under section 4 of the Crimes (Family Violence) Act 1987 of a kind referred to in section 21A(5) of the Crimes Act 1958, both as in force before their repeal.

(2) The court must not impose a condition (other than a core condition) on a supervision order that is inconsistent with a condition of an order referred to in subsection (1) unless the court considers that it is necessary—

S. 30(2)(a) amended by No. 45/2019 s. 18(2).

(a) to reduce the risk of the offender re‑offending by—

(i) committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or

(ii) engaging in any behaviour or conduct that threatens the safety of any person (including the offender); or

(b) to provide for the reasonable concern of a victim of the offender in relation to the safety and welfare of the victim.

31 Core conditions of supervision order

(1) This section sets out the core conditions of a supervision order that apply to the offender during the period of the order, irrespective of when the order is made.

(2) The offender must not commit a serious sex offence in Victoria or elsewhere.

(3) The offender must not commit a serious violence offence in Victoria or elsewhere.

(4) The offender must not commit an offence referred to in Schedule 3 in Victoria or elsewhere.

(5) If the court requires an offender to reside at a residential facility or the Authority directs an offender to reside at a residential facility, the offender must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility.

(6) If the court requires an offender to reside at a residential facility or the Authority directs an offender to reside at a residential facility, the offender must obey all instructions given by a supervision officer or a specified officer under section 183.

(7) If the court requires an offender to reside at a residential treatment facility, the offender must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility.

(8) If the court requires an offender to reside at a residential treatment facility, the offender must obey all instructions given by a supervision officer or a specified officer under section 183.

(9) The offender must not engage in any behaviour or conduct that threatens the safety of any person (including the offender).

(10) The offender must attend at any place directed by the Authority for the purpose of administering the conditions of the order.

(11) The offender must attend at any place directed by the Authority for the purpose of making assessments required by the court, the Secretary or the DPP for the purposes of this Act (including a personal examination by a medical expert for the purpose of providing the court with a report to assist the court in determining the need for or the form of any condition of the order).

(12) The offender must report to, and receive visits from, the Secretary or any person nominated by the Secretary for the purposes of this subsection.

(13) The offender must notify the Authority of any change of employment or new employment (whether paid or unpaid) at least 2 clear days before commencing the changed or new employment.

(14) The offender must not leave Victoria except with the permission of the Authority granted either generally or in relation to a particular case.

(15) The offender must comply with a direction given by the Authority under the emergency power in section 142.

(16) The offender must obey all instructions given by a community corrections officer or a specified officer under section 209.

32 Intensive treatment and supervision condition

(1) The court may impose a condition on a supervision order requiring an offender to reside at a residential treatment facility if the court is satisfied that—

(a) the condition is necessary to reduce the risk of the offender committing a serious sex offence or a serious violence offence or both; and

(b) less restrictive means of managing the risk referred to in paragraph (a) have been tried or considered.

(2) Despite section 14(2)(b), in determining whether to impose an intensive treatment and supervision condition, the court may have regard to—

(a) the means of managing the offender's risk; and

(b) the likely impact of the supervision order on the offender.

(3) Before imposing a condition under subsection (1) the court must consider—

(a) a treatment and supervision plan filed by the Secretary; and

(b) any other matter the court considers appropriate.

See section 274 for the preparation and content of a treatment and supervision plan.

(4) If the court imposes a condition under subsection (1), the court must also impose the following conditions on the supervision order—

(a) the offender must attend and participate in the treatment or rehabilitation programs or activities set out in the treatment and supervision plan;

(b) the offender must not leave the residential treatment facility other than—

(i) with the permission of the Authority; or

(ii) in accordance with the treatment and supervision plan in respect of the offender; or

(iii) in accordance with an instruction given by a supervision officer or a specified officer under section 183;

(c) if the offender leaves the residential treatment facility, the offender must, unless otherwise directed by the Authority—

(i) be accompanied by a community corrections officer or a person approved by the Commissioner; and

(ii) submit to electronic monitoring;

(d) the offender must submit to electronic monitoring within the residential treatment facility;

(e) the offender must comply with any direction given by the Authority relating to the electronic monitoring;

(f) the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the offender at the direction of the Authority;

(g) the offender must ensure that the electronic monitoring device fitted to the offender remains operational (including being charged) at all times;

(h) the offender must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring;

(i) the offender must accept any visit by the Secretary to the residential treatment facility, at any reasonable time and for any purpose, including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring.

(5) An intensive treatment and supervision condition remains in force for a period not exceeding 2 years specified by the court.

Section 113 requires that an intensive treatment and supervision condition be reviewed by the court each year.

33 Court must consider imposing conditions under sections 34 and 35

When making a supervision order, the court must consider imposing conditions referred to in sections 34 and 35.

34 Other conditions relating to residence

(1) Subject to subsection (2) and section 36(3), the court may impose a condition on a supervision order in relation to any of the following—

(a) the place where the offender is to reside (including whether the offender is to reside at a residential facility);

(b) the times at which the offender must be present at the place of residence;

(c) the circumstances under which the offender may leave the place of residence.

A condition that the offender must be at home between the hours of 7 a.m. and 10 a.m. Monday to Friday.

(2) A condition requiring an offender to reside
at a residential facility may be imposed on a supervision order only if a court referred to in section 8(1)(a) has imposed on the offender a custodial sentence for a serious sex offence.

(3) In considering whether to impose a condition requiring an offender to reside at a residential facility, the court must—

(a) consider whether or not the offender should reside at a residential facility; and

(b) be satisfied that no other suitable accommodation is available.

See section 36(2), (3) and (4) as to conditions authorising the Authority to give directions relating to residence.

35 Suggested conditions

(1) The court may impose a condition on a supervision order in relation to any of the following—

(a) the places or areas that the offender must not visit or may visit only at specified times;

(b) the treatment or rehabilitation programs or activities in which the offender must attend and participate;

(c) a requirement that the offender must not consume alcohol;

(d) a requirement that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;

(e) a requirement that the offender must submit, as required by the order, to breath testing, urinalysis or other test procedures (other than blood tests) approved by the Secretary or the Chief Commissioner of Police for detecting alcohol or drug use;

(f) the types of employment in which the offender must not engage;

(g) the types of behaviour or conduct that the offender must not engage in, if that behaviour or conduct—

(i) was preparatory to the offender's prior serious sex offence or serious violence offence; or

(ii) may increase the risk of the offender committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or

(iii) threatens the safety of any person;

(h) the community activities in which the offender must not engage;

(i) the persons or classes of persons with whom the offender must not have contact;

1 Persons under 18 years of age.

2 Victims of the offender and their families.

(j) the forms of monitoring (including electronic monitoring) of compliance with the supervision order to which the offender must submit;

(k) personal examinations by a medical expert which the offender must attend for the purpose of providing a report to the Authority to assist it in determining the need for, or form of, a direction it is permitted to give to the offender under the supervision order.

(2) If the court imposes a condition of a kind referred to in subsection (1)(j) requiring the offender to submit to electronic monitoring, the court must also impose the following conditions on the supervision order—

(a) the offender must comply with any direction given by the Authority relating to the electronic monitoring;

S. 35(2)(b) amended by No. 28/2025 s. 4.

(b) the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the offender;

(c) the offender must ensure that the electronic monitoring device fitted to the offender remains operational (including being charged) at all times;

(d) the offender must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring;

(e) the offender must accept any visit by the Secretary to the place where the offender resides, at any reasonable time and for any purpose, including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring.

36 Condition authorising Authority to give directions

(1) Subject to subsection (5), the court may impose a condition on a supervision order authorising the Authority to give directions to an offender in relation to the operation of any condition of a supervision order.

(2) Without limiting subsection (1), a condition imposed under that subsection may include—

(a) subject to subsection (3), a condition authorising the Authority to direct that an offender is to reside at a residential facility; or

(b) a condition prohibiting the Authority from giving a direction referred to in paragraph (a).

(3) A condition referred to in subsection (2)(a) may be imposed on a supervision order only if a court referred to in section 8(1)(a) has imposed on the offender a custodial sentence for a serious sex offence.

(4) If the court imposes a condition referred to in subsection (2)(a), the court may impose a condition authorising the Authority to give directions relating to any of the following—

(a) the times at which the offender must be at the residential facility;

(b) the circumstances under which the offender may leave the residential facility;

(c) the monitoring (including electronic monitoring) of the offender's compliance with a direction that the offender reside at the residential facility.

(5) The court may not authorise the Authority to direct that an offender reside at a residential treatment facility.

(6) Subsection (5) does not limit the court in otherwise imposing a condition authorising the Authority to give directions.

(7) It is a condition of a supervision order that the offender comply with any direction given under an authorisation referred to in this section.

1 A condition requiring the offender to comply with the directions of the Authority in relation to appropriate Internet access.

2 A condition requiring the offender to comply with the directions of the Authority in relation to drug or alcohol use.

3 A condition requiring the offender to comply with the directions of the Authority in relation to computers and other devices (within the meaning of section 232) in the possession of or under the control of the offender for the purpose of auditing by a supervision officer, a specified officer or a police officer.

4 A condition that the offender comply with all reasonable directions of the Authority in relation to the times at which the offender must be at the nominated place of residence in order to reduce any risk of contact with children.

5 A direction that the offender remain at the nominated place of residence between the hours of 7 a.m. and 10 a.m., Monday to Friday, unless otherwise directed by the Authority.

See Part 11 in relation to directions by the Authority.

S. 36A inserted by No. 28/2025 s. 5.

36A Condition authorising Authority to give directions relating to place of residence

(1) This section applies if a court imposes the following conditions on a supervision order—

(a) a condition under section 34(1) in relation to the place where the offender is to reside;

(b) a condition under section 36(1) authorising the Authority to give directions to the offender in relation to that condition under section 34(1).

(2) Unless the court otherwise orders, the Authority may give directions relating to any of the following—

(a) whether another person may live with the offender;

(b) who the offender may live with;

(c) who may be at the offender's place of residence between the hours specified by the Authority.

37 Condition as to firearms and weapons

(1) When making a supervision order, the court must consider imposing a condition referred to in subsection (2).

(2) The court may impose a condition on a supervision order that the offender must not contravene the Firearms Act 1996 or the Control of Weapons Act 1990.

38 Discretion to impose any other condition

The court may impose any other condition on a supervision order that it considers appropriate, having regard to the purposes referred to in section 27.

1 A condition prohibiting Internet access.

2 A condition requiring the offender to undergo treatment, or rehabilitation, or programs relating to violent behavior, anger management, conflict resolution or the improvement of interpersonal relationships or interpersonal skills.

39 Cancellation of firearms authority etc.

(1) Subject to subsection (2), in a supervision order, the court may—

(a) cancel an offender's firearms authority; or

(b) revoke—

1 An offender who is subject to a supervision order is a prohibited person within the meaning of section 3(1) of the Firearms Act 1996.

2 Section 151(1) of the Firearms Act 1996 provides that a court may order the forfeiture to the Crown of any firearm, cartridge ammunition, silencer or prescribed item in the possession of or used or carried by a prohibited person within the meaning of section 3(1) of that Act.

(2) If a supervision order expires or is revoked or cancelled—

(a) any cancellation of a firearm's authority on the order ceases to have effect;

(b) any revocation of a weapons approval or application of a weapons exemption on the order ceases to have effect.

(3) If the court makes an order under subsection (1)—

(a) no appeal lies against the decision under the Firearms Act 1996 or the Control of Weapons Act 1990; and

(b) the offender may not apply for a declaration under section 189 of the Firearms Act 1996.

Division 4—Restrictive conditions and temporary conditions

40 Application for declaration that condition is a restrictive condition

(1) On the making or renewal of a supervision order, or on a review of the order or a condition of the order, the Secretary may apply to the court referred to in section 12 for a declaration under section 41.

S. 40(1A) inserted by No. 45/2019 s. 5(1).

(1A) An application under subsection (1) may be made at the same time as an application for the making or renewal of a supervision order or on a review of the order or a condition of the order.

(2) An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any.

(3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender—

(iii) the implications of a declaration, if made.

S. 40(4) inserted by No. 45/2019 s. 5(2).

(4) Despite subsections (2) and (3), an application under subsection (1) may be made by oral submission at a hearing for the making or renewal of a supervision order, or on a review of the order or a condition of the order.

41 Court may declare condition to be a restrictive condition

(1) On an application under section 40, the court may declare that any of the following conditions of the supervision order is a restrictive condition—

(a) that the offender must not consume alcohol;

(b) that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;

(c) that the offender must reside at a specified place (including a residential facility or a residential treatment facility);

(d) that the offender must be present at the offender's place of residence between specified times;

(e) that the offender may only leave the offender's place of residence in accordance with specified conditions;

(f) that the offender must not visit a specified place or area or may visit the place or area only at specified times;

(g) that the offender must not have contact with a specified person or class of persons;

(h) that the offender must not contravene the Firearms Act 1996 or the Control of Weapons Act 1990.

(2) A core condition referred to in section 31(2), (3), (4), (5), (7) or (9) must not be declared to be a restrictive condition under this section.

Core conditions under section 31(2), (3), (4), (5), (7) and (9) are restrictive conditions by operation of this Act—see paragraph (a) of the definition of restrictive condition in section 3.

(3) The court may make a declaration under subsection (1) if the court is satisfied on reasonable grounds that the declaration is necessary to address the risk of the offender committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3.

(4) In considering whether to make a declaration under subsection (1), the court must have regard to the antecedents of the offender, including any previous contraventions of a supervision order.

It is an offence against section 169(1) to fail to comply with a condition of a supervision order or an interim supervision order without a reasonable excuse. See the notes to that section for the relevance of a restrictive condition.

(5) Whether or not the court makes a declaration under subsection (1), the court must ensure that the core conditions on the order are in accordance with the requirements of section 31 and make any variations and additions to the conditions that are necessary for this purpose.

42 Temporary conditions

(1) On making a supervision order, the court may declare that a condition of the order (other than a core condition) is a temporary condition that applies for a period not exceeding 6 months specified by the court in the order.

S. 42(1A) inserted by No. 45/2019 s. 6(1).

(1A) Before the end of the specified period referred to in subsection (1), the court may extend the temporary condition for a further specified period not exceeding 6 months from the day on which the temporary condition would otherwise expire.

S. 42(1B) inserted by No. 45/2019 s. 6(1).

(1B) A temporary condition may be extended only once.

S. 42(1C) inserted by No. 45/2019 s. 6(1).

(1C) A temporary condition, including any extension, must not exceed 12 months in total.

S. 42(2) amended by No. 45/2019 s. 6(2).

(2) Before the end of the specified period of a temporary condition or an extended temporary condition, the court may require the parties to attend before the court for a hearing to determine the final conditions to be imposed on the supervision order.

(3) At a hearing referred to in subsection (2)—

(a) the Secretary may provide a further certificate of available resources; and

(b) the parties may make further submissions in relation to any final conditions proposed to be imposed on the supervision order.

(4) Part 10 applies to a hearing referred to in subsection (2).

Division 5—Extension of intensive treatment and supervision condition

43 Application to extend intensive treatment and supervision condition

(1) At any time while an intensive treatment and supervision condition is in force in respect of an offender, the Secretary may apply to the court that imposed the condition for an extension of the condition.

(b) a treatment and supervision plan; and

(c) at least one assessment report or the latest progress report in respect of the offender.

(3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the offender—

(b) a copy of any reports or other documents filed with the application; and

(ii) the procedure for the hearing and determination of the application.

44 Determination of application to extend intensive treatment and supervision condition

(1) On an application under section 43 for a first extension, the court may extend an intensive treatment and supervision condition for a period not exceeding 12 months if the court is satisfied that—

(a) the condition is necessary to reduce the risk of the offender committing a serious sex offence or a serious violence offence or both; and

(b) the risk cannot be reduced using less restrictive means of supervision.

(2) On an application for a second or subsequent extension, the court may extend an intensive treatment and supervision condition for a period not exceeding 12 months if the court is satisfied that exceptional circumstances exist.

(3) The court may make no order in respect of an application referred to in subsection (1) or (2) even if the court is satisfied as required by this section.

Part 4—Interim supervision orders

45 Definition

court means the court in which an application for a supervision order or the renewal of a supervision order in respect of an eligible offender has been commenced but not determined.

46 Application for interim supervision order

(1) The Secretary may apply to the court for an interim supervision order in respect of an eligible offender who is the subject of an application under section 13 or 22.

(2) An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any.

(3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender—

(iii) the nature of an interim supervision order.

(4) An application under subsection (1) may be commenced at the same time as an application under section 13 or 22 or at any later time before the application under section 13 or 22 is determined.

(5) An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4).

(6) An application for an interim supervision order may be made more than once in respect of an eligible offender.

47 Determination of application for interim supervision order

(1) On an application under section 46, the court may make an interim supervision order in respect of an eligible offender if—

(a) the court is satisfied that—

(i) an application under section 13 or 22 in respect of the offender has been commenced but not determined; and

(ii) either—

(A) the offender is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 13 is determined; or

(B) the previous supervision order has expired or will have expired before the application under section 22 is determined; and

(b) it appears to the court that the documents in support of the application under section 13 or 22 would, if proved, justify the making or renewal of a supervision order; and

(c) the court is satisfied that it is in the public interest to make an interim supervision order.

(2) For the purposes of subsection (1)(c), the court must have regard to—

(a) the reason why the application under section 13 or 22 was not, or will not be, determined before the offender is released from custody or before the expiry of the previous supervision order, as the case requires; and

(b) any other matter the court considers appropriate.

(3) If the court is satisfied as required by subsection (1), the court may—

(a) make an interim supervision order; or

(b) make no order.

(4) The court may hear and determine an application under section 46 even if the offender has ceased to be an eligible offender because—

(b) the offender is no longer subject to a supervision order.

See also section 76(2) for the power of the court to make an interim supervision order when an interim detention order is not justified.

48 Content of interim supervision order

(1) An interim supervision order must state that the court is satisfied that—

(2) An interim supervision order must specify—

(c) the date on which the order commences under section 53; and

(d) the period of the order under section 54; and

(e) the conditions of the order under section 49.

(3) An interim supervision order must be signed by the judge constituting the court that made it and include the name of the judge.

S. 49 substituted by No. 45/2019 s. 7.

49 Conditions of interim supervision order

Section 15 and Division 3 (other than sections 37 and 39) and Division 4 (other than section 42) of Part 3 apply to an interim supervision order as if—

(a) a reference to a supervision order were a reference to an interim supervision order; and

(b) a reference to the making of a supervision order were a reference to the making of an interim supervision order; and

(c) a reference to the renewal of a supervision order were a reference to the extension of an interim supervision order.

50 Condition as to firearms and weapons

(1) When making an interim supervision order, the court must consider imposing a condition referred to in subsection (2).

(2) The court may impose a condition on an interim supervision order that the offender must not contravene the Firearms Act 1996 or the Control of Weapons Act 1990.

51 Suspension of firearms authority etc.

(1) Subject to subsection (2), in an interim supervision order, the court may—

(a) suspend an offender's firearms authority; or

(b) suspend—

(2) If an interim supervision order expires or is revoked or cancelled, any suspension of a firearm's authority, weapons approval or application of a weapons exemption on the order ceases to have effect.

(3) If the court makes an order under subsection (1)—

(a) no appeal lies against the decision under the Firearms Act 1996 or the Control of Weapons Act 1990; and

(b) the offender may not apply for a declaration under section 189 of the Firearms Act 1996.

52 Copy of interim supervision order

(1) As soon as practicable after the making of an interim supervision order, the Secretary must give a copy of the order to—

(2) If the offender commences serving a custodial sentence before the expiry or revocation of the interim supervision order, the Secretary must give as soon as practicable a copy of the order to the Adult Parole Board.

53 Commencement of interim supervision order

(1) Subject to subsection (2), an interim supervision order commences—

(a) if the offender is serving a custodial sentence when the interim supervision order is made, on the day on which the offender completes the custodial sentence or any consecutive or concurrent custodial sentence, whichever is the later; or

(b) if the offender is remanded in custody when the interim supervision order is made, on the day on which the offender is released from custody; or

(c) if the offender is in immigration detention when the interim supervision order is made, on the day on which the offender is released from immigration detention; or

(d) in any other case, on the date specified in the interim supervision order.

(2) If an offender is the subject of an application for the renewal of a supervision order, an interim supervision order commences—

(a) on the expiry of the previous supervision order, if still in force; or

(b) on the date specified in the interim supervision order.

54 Period of interim supervision order

(1) Subject to subsection (2), the period of an interim supervision order is a period not exceeding 4 months specified by the court in the order.

(2) The maximum period of an interim supervision order, including any extensions, must not exceed 4 months unless the court making or extending the interim supervision order is satisfied that exceptional circumstances exist.

(3) Any time spent in custody on remand or serving a custodial sentence during the period of an interim supervision order that has commenced counts in calculating the period of the interim supervision order.

(4) Any time spent in detention subject to an emergency detention order during the period of an interim supervision order that has commenced counts in calculating the period of the interim supervision order.

(5) Any time spent in immigration detention during the period of an interim supervision order that has commenced does not count in calculating the period of the interim supervision order.

(6) If an offender subject to an interim supervision order is sentenced to a community correction order (within the meaning of the Sentencing Act 1991), the community correction order is to be served concurrently with the interim supervision order.

55 Suspension of conditions of interim supervision order

(1) Subject to subsection (2), the conditions of an interim supervision order are suspended during any time spent in custody on remand, serving a custodial sentence, in detention subject to an emergency detention order or in immigration detention during the period of the interim supervision order.

(2) The conditions of an interim supervision order are not suspended during a period when the offender is released on parole.

56 Expiry of interim supervision order

An interim supervision order expires on the first of the following to occur—

(a) at the end of its period of operation, including any extension of that period;

(b) on the determination of the application for a supervision order or the renewal of a supervision order in relation to which the interim supervision order was made;

(c) on the determination of an application for a detention order or an interim detention order in respect of the offender;

On the expiry of an interim supervision order, any directions given by the Authority under the order no longer apply.

57 Application to extend interim supervision order

(1) At any time before the expiry of an interim supervision order, the Secretary may apply to the court to extend the order.

(2) An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any.

(3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender—

(iii) the nature of an interim supervision order.

(4) Service under subsection (3) may be by post.

(5) Despite subsections (2), (3) and (4), an application under subsection (1) may be made by oral submission at a directions hearing under section 126.

(6) An application under subsection (1) must be discontinued if—

(a) the interim supervision order has expired; or

(b) the offender has ceased to be an eligible offender by reason of section 8(4).

(7) An application for the extension of an interim supervision order may be made more than once in respect of an eligible offender.

58 Determination of application to extend interim supervision order

(1) On an application under section 57, the court may—

(a) subject to section 54(2), extend the interim supervision order for a specified period; or

(b) revoke the interim supervision order; or

(c) make no order.

(2) Section 47 applies to an application to extend an interim supervision order as if—

(a) a reference to an application under section 46 were a reference to an application under section 57; and

(b) a reference to making an interim supervision order were a reference to extending an interim supervision order.

(3) If the court extends an interim supervision order, the court may vary, add or remove any conditions of the interim supervision order.

(4) Division 3 of Part 3 applies to any variation or addition of a condition of an interim supervision order under subsection (3).

59 Content of order extending interim supervision order

(1) An order extending an interim supervision order must state that the court is satisfied that—

(a) the extension is justified; and

(b) it is in the public interest to grant the extension.

(2) An order extending an interim supervision order must specify—

(a) the name of the offender in respect of whom the extension order is made; and

(b) the date on which the extension order is made; and

(c) the period specified by the court for which the interim supervision order is extended; and

(d) any change made to the conditions of the interim supervision order.

(3) An order extending an interim supervision order must be signed by the judge constituting the court that made it and include the name of the judge.

60 Copy of order on application to extend interim supervision order

(1) As soon as practicable after the making of an order under section 58, the Secretary must give a copy of the order to—

(2) If the offender commences serving a custodial sentence before the expiry or revocation of the interim supervision order as extended by an order under section 58, the Secretary must give as soon as practicable a copy of the order under section 58 to the Adult Parole Board.

Part 5—Detention orders

61 Application for detention order

(1) The DPP may apply to the Supreme Court for a detention order in respect of a person who is an eligible offender at the time when the application is commenced.

(b) an assessment report in respect of the eligible offender or, if the eligible offender is subject to a supervision order or an emergency detention order, a progress report and the most recent assessment report in respect of the eligible offender.

(3) As soon as practicable after an application under subsection (1) is commenced, the DPP must serve on the eligible offender—

(b) a copy of the assessment report and the progress report (if any) filed with the application; and

(iii) the nature of a detention order and a supervision order.

(4) An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 7(4).

62 Determination of application for detention order

(1) On an application under section 61, the Supreme Court may make a detention order in respect of an eligible offender if, and only if, the court is satisfied under section 63(1) and is satisfied under section 64(1).

(2) For the purposes of sections 63 and 64, the Supreme Court must be satisfied by acceptable, cogent evidence to a high degree of probability that the offender poses or will pose an unacceptable risk.

(3) If the Supreme Court is not satisfied that the risk referred to in section 64(1) would be unacceptable unless a detention order were made, the court may make a supervision order in respect of the offender.

(4) Divisions 2 (other than section 13), 3 and 4 of Part 3 apply, with any necessary modifications, to the making of a supervision order under subsection (3) as if it were a supervision order made under Part 3.

(5) The Supreme Court may make no order in circumstances where it is empowered to make a detention order or supervision order under this section.

(6) The Supreme Court may hear and determine an application for a detention order even if the offender has ceased to be an eligible offender because—

(b) the offender is no longer subject to a supervision order.

(7) The Supreme Court may hear and determine an application under section 61 even if the offender is remanded in custody or is serving a custodial sentence.

63 Finding of unacceptable risk

(1) For the purposes of section 62, the Supreme Court must be satisfied that—

(a) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious sex offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a detention order or a supervision order is not made and the offender is in the community; or

(b) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious violence offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a detention order or a supervision order is not made and the offender is in the community.

(2) In determining whether an offender poses or will pose an unacceptable risk under subsection (1), the Supreme Court must have regard to—

(a) subject to section 273, any assessment report or progress report filed in relation to the application, whether by the Secretary or the offender; and

(b) any other report filed, tendered or made, or evidence given, in relation to the application; and

(c) any other matter the court considers appropriate.

(3) In determining whether an offender poses or will pose an unacceptable risk under subsection (1), the Supreme Court must not have regard to—

(a) the means of managing the risk; or

(b) the likely impact of a detention order or a supervision order on the offender.

(4) The Supreme Court may determine that an offender poses or will pose an unacceptable risk under subsection (1) even if the likelihood that the offender will commit a serious sex offence or a serious violence offence or both is less than more likely than not.

(5) The DPP has the burden of proving that an offender poses or will pose an unacceptable risk under subsection (1).

64 Detention order only option

(1) If the Supreme Court is satisfied as required by section 63(1), the Supreme Court must be satisfied that—

(a) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious sex offence, the risk of the offender committing, or after release from custody committing, a serious sex offence or a serious violence offence or both would be unacceptable unless a detention order were made; or

(b) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious violence offence, the risk of the offender committing, or after release from custody committing, a serious sex offence or a serious violence offence or both would be unacceptable unless a detention order were made.

(2) The Supreme Court may determine that an offender poses or will pose an unacceptable risk under subsection (1) even if the likelihood that the offender will commit a serious sex offence or a serious violence offence or both is less than more likely than not.

(3) In determining whether an offender poses or will pose an unacceptable risk under subsection (1), the Supreme Court may have regard to—

(a) the means of managing the risk; and

(b) the likely impact of a detention order on the offender.

65 Content of detention order

(1) A detention order must state that the Supreme Court is satisfied that the offender poses or will pose an unacceptable risk of committing—

(a) a serious sex offence; or

(b) a serious violence offence; or

(c) both a serious sex offence and a serious violence offence—

if a detention order is not made and the offender is in the community.

(2) A detention order must specify—

(c) the date on which the order commences under section 68; and

(d) the period of the order under section 69; and

(e) the latest date by which an application for the first review of the order must be made under Part 8 and the maximum intervals between subsequent reviews.

(3) A detention order must be signed by the judge who made it and include the name of the judge.

66 Effect of detention order

The effect of a detention order is to commit the offender to detention in a prison for the period of the order.

See Part 16 in relation to the management of an offender subject to a detention order.

67 Copy of detention order

(1) As soon as practicable after the making of a detention order, the DPP must give a copy of the order to—

(2) If the offender commences serving a custodial sentence before the expiry or revocation of the detention order, the DPP must give as soon as practicable a copy of the order to the Adult Parole Board.

68 Commencement of detention order

(1) Subject to subsection (2), a detention order commences—

(a) if the offender is serving a custodial sentence when the detention order is made, on the day on which the offender completes the custodial sentence or any consecutive or concurrent custodial sentence, whichever is later; or

(b) if the offender is remanded in custody when the detention order is made, on the day on which the offender is released from custody; or

(c) if the offender is in immigration detention when the detention order is made, on the day on which the offender is released from immigration detention; or

(d) in any other case, on the date specified in the detention order.

(2) A detention order that has been renewed commences on the date specified in the renewed detention order.

69 Period of detention order

(1) Unless sooner revoked, the period of a detention order is the period not exceeding 3 years specified by the Supreme Court in the order.

(2) Any time spent in custody on remand or serving a custodial sentence during the period of a detention order that has commenced counts in calculating the period of the detention order.

(3) Any time spent in immigration detention during the period of a detention order that has commenced does not count in calculating the period of the detention order.

(4) If an offender is subject to a detention order and is sentenced to a community correction order (within the meaning of the Sentencing Act 1991), the community correction order commences on the expiry of the detention order.

70 Expiry of detention order

A detention order expires on the first of the following to occur—

(a) at the end of its period of operation;

(b) on its revocation by a court under this Act;

(c) on the commencement of another detention order or a supervision order replacing it;

71 Application for renewal of detention order

(1) At any time before the expiry of a detention order in respect of an eligible offender, the DPP may apply to the Supreme Court for the renewal of the order.

(b) an assessment report or a progress report in respect of the eligible offender.

(3) As soon as practicable after an application under subsection (1) is commenced, the DPP must serve on the eligible offender—

(b) a copy of the assessment report or progress report filed with the application; and

(ii) the procedure for hearing and determining the application; and

(iii) the nature of a detention order and a supervision order.

(4) An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4).

(5) An application for the renewal of a detention order may be made more than once.

(6) An application for the renewal of a detention order may be made even if the offender is remanded in custody or is serving a custodial sentence.

72 Progress report may be prepared

The DPP may cause a progress report to be prepared in respect of an eligible offender for the purposes of an application under section 71.

Part 18 sets out requirements for a progress report.

73 Determination of application for renewal of detention order

(1) On an application under section 71 to renew a detention order, the Supreme Court may—

(a) renew the detention order; or

(b) revoke the detention order; or

(c) make a supervision order, an interim supervision order or an interim detention order; or

(d) make no order under paragraph (a), (b) or (c).

(2) The Supreme Court may hear and determine an application under section 71 despite the expiry of the detention order sought to be renewed.

(3) Sections 62, 63 and 64 apply to the determination of an application under section 71 as if a reference to an application under section 61 were a reference to an application under section 71.

(4) If the Supreme Court renews a detention order, the existing detention order, if any, is revoked on the commencement of the renewed detention order.

(5) The period of a renewed detention order is the period specified under section 69(1).

74 Renewed detention order

(1) This Act applies to a detention order that is renewed in the same way as it applies to any other detention order.

(2) The expiry of a detention order sought to be renewed does not prevent the renewal of the order.

Part 6—Interim detention orders

75 Application for interim detention order

(1) The DPP may apply to the Supreme Court for an interim detention order in respect of an eligible offender who is the subject of—

(a) an application under section 61 for a detention order; or

(b) an application under section 71 for the renewal of a detention order.

(2) An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any.

(3) As soon as practicable after an application under subsection (1) is commenced, the DPP must serve on the offender—

(iii) the nature of an interim detention order.

(4) An application under subsection (1) may be commenced at the same time as an application under section 61 or 71 or at any later time before the application under section 61 or 71 is determined.

(5) An application under subsection (1) must be discontinued if the offender ceases to be an eligible offender by reason of section 8(4).

(6) An application for an interim detention order may be made more than once in respect of an eligible offender.

76 Determination of application for interim detention order

(1) On an application under section 75, the Supreme Court may make an interim detention order in respect of an eligible offender if—

(a) the court is satisfied that—

(i) an application under section 61 or 71 in respect of the offender has been commenced but not determined; and

(ii) either—

(A) the offender is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 61 is determined; or

(B) the previous detention order has expired or will have expired before the application under section 71 is determined; and

(b) it appears to the court that the documents in support of the application under section 61 or 71 would, if proved, justify the making or renewal of a detention order; and

(c) the court is satisfied that it is in the public interest to make an interim detention order.

(2) On an application under section 75, the Supreme Court may make an interim supervision order if—

(a) the court is satisfied that an application under section 61 or 71 in respect of the offender has been commenced but not determined; and

(b) the court considers that an interim detention order is not justified; and

(c) it appears to the court that the documents in support of the application under section 75 would, if proved, justify the making of an interim supervision order; and

(d) the court is satisfied that it is in the public interest to make an interim supervision order.

(3) For the purposes of subsections (1)(c) and (2)(d), the Supreme Court must have regard to—

(a) the reason why the application under section 61 or 71 was not, or will not be, determined before the offender is released from custody or before the expiry of the previous detention order, as the case requires; and

(b) any other matter that the court considers appropriate.

(4) The Supreme Court may make no order in circumstances where it is empowered to make an interim detention order or an interim supervision order under this section.

(5) The Supreme Court may determine an application under section 75 even if—

(a) the offender has ceased to be an eligible offender because the custodial sentence has been served or has expired; or

(b) the offender is no longer subject to a supervision order or a detention order.

77 Content of interim detention order

(1) An interim detention order must state that the Supreme Court is satisfied that—

(2) An interim detention order must specify—

(c) the date on which the order commences under section 80; and

(d) the period of the order under section 81.

(3) An interim detention order must be signed by the judge constituting the court that made it and include the name of the judge.

78 Effect of interim detention order

The effect of an interim detention order is to commit the offender to detention in a prison for the period of the order.

See Part 16 in relation to the management of an offender subject to an interim detention order.

79 Copy of interim detention order

(1) As soon as practicable after the making of an interim detention order, the DPP must give a copy of the order to—

(2) If the offender commences serving a custodial sentence before the expiry or revocation of the interim detention order, the DPP must give as soon as practicable a copy of the order to the Adult Parole Board.

80 Commencement of interim detention order

(1) Subject to subsection (2), an interim detention order commences—

(a) if the offender is serving a custodial sentence when the interim detention order is made, on the day on which the offender completes the custodial sentence or any consecutive or concurrent custodial sentence, whichever is the later; or

(b) if the offender is remanded in custody when the interim detention order is made, on the day on which the offender is released from custody; or

(c) if the offender is in immigration detention when the interim detention order is made, on the day on which the offender is released from immigration detention; or

(d) in any other case, on the date specified in the interim detention order.

(2) If an offender is the subject of an application for the renewal of a detention order, an interim detention order commences—

(a) on the expiry of the previous detention order, if still in force; or

(b) on the date specified in the interim detention order.

81 Period of interim detention order

(1) Subject to subsection (2), the period of an interim detention order is a period not exceeding 4 months specified by the Supreme Court in the order.

(2) The maximum period of an interim detention order, including any extensions, must not exceed 4 months unless the Supreme Court making or extending the interim detention order is satisfied that exceptional circumstances exist.

(3) Any time spent in custody on remand or serving a custodial sentence during the period of an interim detention order that has commenced counts in calculating the period of the interim detention order.

(4) Any time spent in immigration detention during the period of an interim detention order that has commenced does not count in calculating the period of the interim detention order.

82 Expiry of interim detention order

An interim detention order expires on the first of the following to occur—

(a) at the end of its period of operation, including any extension of that period;

(b) on the determination of the application for a detention order or the renewal of a detention order in relation to which the interim detention order was made;

(c) on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth;

(d) on the death of the offender.

83 Application to extend interim detention order

(1) At any time before the expiry of an interim detention order, the DPP may apply to the Supreme Court to extend the order.

(2) An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any.

(3) As soon as practicable after an application under subsection (1) is commenced, the DPP must serve on the eligible offender—

(iii) the nature of an interim detention order.

(4) Service under subsection (3) may be by post.

See Part 10 for the procedure in respect of the application.

(5) Despite subsections (2), (3) and (4), an application under subsection (1) may be made by oral submission at a directions hearing under section 126.

(6) An application under subsection (1) must be discontinued if—

(a) the interim detention order has expired; or

(b) the offender has ceased to be an eligible offender by reason of section 8(4).

(7) An application for the extension of an interim detention order may be made more than once in respect of an eligible offender.

84 Determination of application to extend interim detention order

(1) On an application under section 83, the Supreme Court may—

(a) subject to section 81(2), extend the interim detention order for a specified period; or

(b) revoke the interim detention order; or

(c) make no order under paragraph (a) or (b).

(2) Section 76 applies to an application to extend an interim detention order as if—

(a) a reference to an application under section 75 were a reference to an application under section 83; and

(b) a reference to making an interim detention order were a reference to extending an interim detention order.

85 Content of order extending interim detention order

(1) An order extending an interim detention order must state that the Supreme Court is satisfied that—

(a) the extension is justified; and

(b) it is in the public interest to grant the extension.

(2) An order extending an interim detention order must specify—

(a) the name of the offender in respect of whom the extension order is made; and

(b) the date on which the extension order is made; and

(c) the period for which the interim detention order is extended.

(3) An order extending an interim detention order must be signed by the judge constituting the court that made it and include the name of the judge.

86 Copy of order on application to extend interim detention order

(1) As soon as practicable after the making of an order under section 84, the DPP must give a copy of the order to—

(2) If the offender commences serving a custodial sentence before the expiry or revocation of the interim detention order, the DPP must give as soon as practicable a copy of the order to the Adult Parole Board.

Part 7—Emergency detention orders

87 Application for emergency detention order

(1) The Secretary may apply to the Supreme Court for an emergency detention order in respect of an offender who is subject to a supervision order or an interim supervision order.

(a) a notice of application in accordance with the rules of court, if any, setting out—

(i) the altered circumstances that constitute the grounds of the application; and

(ii) the reason why, because of altered circumstances, the offender poses an imminent risk of committing a serious sex offence or a serious violence offence or both if an emergency detention order is not made; and

(iii) the reason why there are no practicable and available means other than an emergency detention order to ensure that the offender does not pose an imminent risk of committing a serious sex offence or a serious violence offence or both; and

(b) an assessment report or the latest progress report in respect of the offender.

(3) Subject to subsection (4), as soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the offender—

(b) a copy of each document filed with the application; and

(iii) the nature of an emergency detention order.

(4) An application under subsection (1) need not be served on the offender if the Supreme Court orders under section 88 that the application be heard and determined in the absence of the offender.

88 Application may be heard and determined in absence of offender

The Supreme Court may order that an application for an emergency detention order be heard and determined in the absence of the offender.

See section 5 as to the requirement to give paramount consideration to the safety and protection of the community.

89 Determination of application for emergency detention order

(1) On an application under section 87, the Supreme Court may make an emergency detention order in respect of an offender if it appears to the court that the matters alleged in support of the application would, if proved, establish that because of altered circumstances the offender poses an imminent risk of committing a serious sex offence or a serious violence offence or both if the emergency detention order is not made.

(2) In determining whether or not to make an emergency detention order, the Supreme Court must have regard to—

(a) any assessment report or progress report filed in relation to the application; and

(b) any other report made, or evidence given, in relation to the application; and

(c) any other matter the court considers appropriate.

(3) In determining whether or not to make an emergency detention order, the Supreme Court may have regard to—

(a) the means of managing the imminent risk referred to in subsection (1); and

(b) the likely impact of an emergency detention order on the offender.

(4) The Supreme Court may make no order in circumstances where it is empowered to make an emergency detention order under this section.

(5) The Supreme Court cannot make more than one emergency detention order in respect of the same occasion of change in circumstances.

90 Content of emergency detention order

(1) An emergency detention order must state that it appears to the Supreme Court that the matters alleged in support of the application would, if proved, establish that because of altered circumstances the offender poses an imminent risk of committing a serious sex offence or a serious violence offence or both if an emergency detention order is not made.

(2) An emergency detention order must specify—

(c) the date on which the order commences under section 92; and

(d) the period of the order under section 93.

(3) An emergency detention order must be signed by the judge constituting the court that made it and include the name of the judge.

91 Copy of emergency detention order

(1) If an emergency detention order is made in the absence of the offender, the Secretary must as soon as practicable serve on the offender—

(a) a copy of the order; and

(b) a copy of the record of reasons for the making of the order; and

(c) a statement (in the prescribed form, if any) of the offender's rights of appeal or review.

(2) Subsection (1) applies despite the making of an order under section 279.

(3) As soon as practicable after the making of an emergency detention order, the Secretary must give a copy of the order to the Authority.

92 Commencement of emergency detention order

An emergency detention order commences on the making of the order or on the date, if any, specified in the order.

93 Period of emergency detention order

(1) The period of an emergency detention order is a period not exceeding 168 hours specified by the Supreme Court in the order.

(2) The period specified under subsection (1) must be the time that the Supreme Court believes is reasonably required to enable any one or more of the following actions to be taken under this Act—

(a) action to ensure that the offender is adequately supervised under the supervision order or interim supervision order to which the offender is subject;

(b) the making of an application for a detention order and an interim detention order;

(c) any other action under this Act.

94 Effect of emergency detention order

The effect of an emergency detention order is to commit the offender to detention in a prison for the period of the order.

See Part 16 in relation to the management of an offender subject to an emergency detention order.

95 Warrant to detain

(1) For the purpose of giving effect to an emergency detention order, a judge of the Supreme Court may issue a warrant to detain in prison an offender subject to an emergency detention order who—

(a) was not present at the hearing of the application for the order; or

(b) is not in custody.

(2) A warrant to detain may be directed to—

(a) a named police officer; or

(b) generally all police officers; or

(c) generally all prison officers.

(3) A warrant to detain directed to a named police officer may be executed by any police officer.

(4) A warrant to detain directed to a named police officer or to all police officers may be executed by any prison officer.

96 Directions in, and authority of, warrant to detain

A warrant to detain—

(a) authorises the person to whom it is directed to break, enter and search any place where the person named in the warrant is suspected to be; and

(b) directs and authorises the person to whom it is directed to take and safely convey the person named in the warrant to a prison and there to deliver the person to the officer in charge of the prison; and

(c) directs and authorises the Secretary or any other person into whose custody the person named in the warrant is transferred to receive that person into custody and safely keep that person—

(i) for the period specified, or in the circumstances described, in the warrant; or

(ii) until that person is otherwise removed or discharged from custody by due course of law.

Part 8—Review of orders and conditions

97 Applications under this Part

(1) An application under this Part is commenced by filing—

(b) the documents specified by the relevant section in this Part in respect of the application.

(2) As soon as practicable after an application under subsection (1) is commenced, the Secretary or the DPP (as the case requires) must serve on the offender—

(b) a copy of any reports or other documents filed with the application; and

(ii) the procedure for the hearing and determination of the application.

98 Progress report must be prepared

The Secretary, in the case of a supervision order, or the DPP, in the case of a detention order, must cause a progress report to be prepared in respect of an eligible offender for the purposes of an application under this Part.

Division 1 of Part 18 sets out requirements for a progress report.

99 Periodic review of supervision order

(1) The Secretary must apply to the court that made a supervision order for review of that order—

(a) not later than 3 years after it was first made or any earlier first review date specified in the order; and

(b) subsequently, at intervals of not more than 3 years or any shorter intervals specified in the order.

(2) An application is not required to be made under this section if a detention order has subsequently been made in respect of the offender.

(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 22 to renew the supervision order; and

(b) the application under section 22 has not been withdrawn.

(4) When the court reviews a supervision order under this Part, the court must at the same time review any order made under section 279 in respect of the offender to determine whether that order should continue, having regard to the matters specified in section 280.

100 Periodic review of detention order

(1) The DPP must apply to the Supreme Court for review of a detention order—

(a) not later than one year after it was first made or any earlier first review date specified in the order; and

(b) after that, at intervals of not more than one year or any shorter intervals specified in the order.

(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 71 to renew the detention order; and

(b) the application under section 71 has not been withdrawn.

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

Sections 99 and 100 do not apply if the time for review of the supervision order or detention order occurs while the offender is remanded in custody or is serving a custodial sentence.

See also section 109.

102 Leave for review

(1) At any time (including time when the offender is remanded in custody or is serving a custodial sentence), any of the following persons may apply to the court that made a supervision order for leave to apply for a review of that order—

(a) the Secretary, on the Secretary's own motion or on the recommendation of the Authority;

(b) the DPP;

(c) the offender who is subject to the order.

(2) Either of the following persons may apply to the Supreme Court for leave to apply for a review of a detention order—

(a) the DPP;

(b) the offender who is subject to the order.

(3) The court may grant the leave sought if the court is satisfied that—

(a) there are new facts or circumstances which would justify a review of the order; or

(b) it would be in the interests of justice to review the order, having regard to the purposes of the order and the manner and effect of its implementation.

103 Form of application

An application for review of a supervision order or a detention order must—

(a) set out the nature of the order sought; and

(b) be accompanied by a progress report in respect of the offender.

104 Purpose of review

The purpose of a review is to determine—

(a) whether a supervision order or a detention order should remain in operation or be revoked; and

(b) if a supervision order is revoked, whether the order should be replaced with a different supervision order or a detention order; and

(c) if a detention order is revoked, whether it should be replaced with a supervision order.

Part 10 provides for the procedure on a review.

105 Matters to be considered by the court

(1) In reviewing a detention order or supervision order, the court must consider—

(a) a progress report relating to the offender; and

(b) any other report made, or evidence given, by a medical expert; and

(c) any report made by the Secretary, the DPP or the Authority; and

(d) any submissions made by the parties to the review.

(2) In reviewing a detention order or supervision order, the court may also consider—

(a) any previous assessment report or progress report filed with the court in relation to the offender; and

(b) anything else that the court considers appropriate.

106 Decision on supervision order—general

(1) Subject to section 107, on a review of a supervision order, the court must revoke the supervision order unless it is satisfied that the offender still poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a supervision order is not in effect and the offender is in the community.

(2) The court may make an order under this section even if the offender is remanded in custody or is serving a custodial sentence.

(3) Section 14(2)(b), (3), (4) and (5) (with any necessary modifications) apply to the review of a supervision order.

(4) Subject to subsections (5) and (6), the court must confirm the supervision order unless—

(a) the court has revoked the supervision order; or

(b) an application for a detention order has been made under section 107.

(5) If the court confirms a supervision order, it may—

(a) vary, add or remove any condition of the order; or

(b) vary the maximum intervals between applications for review.

S. 106(6) amended by No. 45/2019 s. 18(3).

(6) If the court exercises a power under subsection (5) in respect of a supervision order, the court must ensure that the conditions on the order are in accordance with the requirements of section 15 and Division 3 of Part 3 and make any variations or additions to the conditions that are necessary for this purpose.

(7) Divisions 3 and 4 of Part 3 apply to any variation or addition of a condition of a supervision order under subsections (5) and (6).

107 Application for detention order and interim detention order during review of supervision order

(1) If, on a review of a supervision order, the court or the DPP considers that a detention order should be made in respect of the offender, the DPP may apply to the Supreme Court for a detention order.

(2) Sections 62, 63, 64, 65, 66 and 67 apply in respect of an application for a detention order under subsection (1) as if a reference to an application under section 61 were a reference to an application under subsection (1).

(3) The DPP 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 (1).

(4) Sections 76, 77, 78 and 79 apply to an application for an interim detention order under subsection (3) as if a reference to an application under section 75 were a reference to an application under subsection (3).

(5) If the Supreme Court makes a detention order on an application under subsection (1), it must revoke the supervision order.

(6) If an application is made under subsection (1) and the Supreme Court does not make a detention order, it may confirm (subject to section 106(5) and (6)) or revoke the supervision order.

(7) The supervision order remains in force until the Supreme Court determines the application under subsection (1).

S. 108 (Heading) substituted by No. 45/2019 s. 8.

108 Decision on detention order—general

(1) On a review of a detention order, the Supreme Court must revoke the order unless it is satisfied that the offender still poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a detention order is not in effect and the offender is in the community.

(2) The Supreme Court may make an order under this section even if the offender is remanded in custody or is serving a custodial sentence.

(3) Sections 62, 63 and 64 (with any necessary modifications) apply to the review of a detention order.

(4) If the Supreme Court is not satisfied that the risk would be unacceptable unless a detention order were made, the court may revoke the detention order and make a supervision order.

(5) Part 3 (with any necessary modifications) applies to the making of a supervision order under this section.

109 Effect of custodial order on time for review

(1) This section applies if an offender is in prison, a police gaol or a designated mental health service serving a custodial sentence or on remand while subject to a supervision order or detention order.

(2) If the time for a review of a supervision order or detention order occurs while the offender
is in custody serving a custodial sentence, the application for review of the order under this Part may be made—

(a) at any time before the release of the offender on parole or from remand; or

(b) as soon as practicable after the offender is released on parole or from remand.

(3) If parole is not granted or the offender is ordered to serve a custodial sentence, and a supervision order or detention order applies to an offender at the end of the custodial sentence, the application for review of the order under this Part may be made—

(a) at any time before the end of the custodial sentence; or

(b) as soon as practicable after the end of the custodial sentence.

(4) If the order will expire during the period that an offender is remanded in custody or serving a custodial sentence, no review is required.

1 An application may be made to renew the order before it expires.

2 See also section 101.

110 Application for review of condition of supervision order or interim supervision order

(1) The Secretary or the offender may at any time (including time during which the offender is remanded in custody or is serving a custodial sentence), with the leave of the court that made the order, apply to the court to review any condition of the supervision order or interim supervision order other than a core condition.

(2) An application may be accompanied by a certificate of available resources or a progress report or both.

(3) The court may grant leave under this section if the court is satisfied that—

(a) new facts or circumstances have arisen since the conditions were made that would justify the review; or

(b) it would generally be in the interests of justice, having regard to the purposes of the conditions and the manner or effect of their implementation, to review the conditions.

(4) Before determining whether to grant leave, the court may request a further certificate of available resources from the Secretary.

(5) The court must have regard to a certificate of available resources in considering the matters under subsection (3).

111 Power of court on review of conditions

(1) If the court grants leave for an application under section 110, the court must grant the offender, the Authority and the Secretary the opportunity to be heard in respect of the application.

(2) The court must consider any submissions made under subsection (1) and any certificate of available resources.

(3) The court may—

(a) vary, add or remove any conditions of the supervision order; or

(b) confirm the conditions of the supervision order; or

(c) review the supervision order in accordance with this Part.

S. 111(4) amended by No. 45/2019 s. 18(4).

(4) If the court exercises a power under subsection (3) in respect of a supervision order, the court must ensure that the conditions of the order are in accordance with the requirements of section 15 and Division 3 of Part 3 and make any variations or additions to the conditions that are necessary for this purpose.

(5) Divisions 3 and 4 of Part 3 (with any necessary modifications) apply to the addition or variation of a condition under this section.

112 Leave not required in certain circumstances for review of core conditions

(1) Despite anything to the contrary in section 102, an application under section 102(1) for review of a supervision order may be made to the court without obtaining leave under that section if the application for review is on the ground that amendments to section 31 which amend the core conditions to which the supervision order is subject have come into operation since the supervision order was made or last renewed or reviewed.

(2) On an application under subsection (1)—

(a) the court must make any variation or addition to the core conditions of a supervision order that are necessary to ensure that the core conditions accord with section 31; and

(b) the court may deal with any other matter that could be the subject of an application under section 102 if satisfied that—

(i) there are new facts or circumstances which would justify the review of the order; or

(ii) it would be in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation, to review the order.

See also sections 106(6) and 111(4).

113 Application for review of intensive treatment and supervision condition

S. 113(1) amended by No. 45/2019 ss 9, 18(5).

(1) Not later than 12 months after an intensive treatment and supervision condition comes into force and thereafter at 12 monthly intervals during the period of the condition, the Secretary must apply to the court that made the supervision order for a review of the condition.

(2) An application under subsection (1) must be accompanied by—

(a) the treatment and supervision plan in respect of the offender; and

(b) an assessment report or the latest progress report, if any, in respect of the offender.

(3) This section does not limit section 102.

(4) An application is not required to be made under this section if, at the time for review of an intensive treatment and supervision condition—

(a) the Secretary has applied under section 43 to extend the intensive treatment and supervision condition; or

(b) the Secretary has applied under section 99 to review the supervision order on which the intensive treatment and supervision condition has been imposed; or

(c) the Secretary has applied under section 110 to review the conditions of the relevant supervision order.

114 Determination of application for review of intensive treatment and supervision condition

(1) On an application under section 113, the court must revoke the intensive treatment and supervision condition unless the court is satisfied that—

(a) the condition is necessary to reduce the risk of the offender committing a serious sex offence or a serious violence offence or both; and

(b) the risk cannot be reduced using a less restrictive means of supervision.

(2) In making a determination under subsection (1), the court must have regard to—

(a) whether the treatment and services referred to in the treatment and supervision plan were offered to the offender; and

(b) the offender's engagement with or participation in the treatment and services; and

(c) whether any changes are required to the treatment and supervision plan.

(3) If the court is satisfied as required by subsection (1), the court may—

(a) confirm the intensive treatment and supervision condition; or

(b) if the court is satisfied that exceptional circumstances exist, extend the condition for a period not exceeding 12 months specified by the court.

Part 9—Appeals

Division 1—Appeals relating to orders made under Part 3, 4, 5, 6, 7 or 8

115 Appeal by offender

(1) An offender who is subject to a supervision order, an interim supervision order, a detention order or an interim detention order may appeal to the Court of Appeal against a decision made by a court—

(a) to make the order; or

(b) to renew or extend the order; or

(c) to impose conditions (other than core conditions) on the order; or

(d) to declare a condition on a supervision order or an interim supervision order to be a restrictive condition under section 41; or

(e) to extend an intensive treatment and supervision condition imposed on the order; or

(f) to cancel or suspend the offender's firearms authority; or

(g) to revoke or suspend—

(i) a weapons approval held by the offender; or

(ii) the application of a weapons exemption to the offender; or

(h) to specify a particular period of operation of the order; or

(i) not to revoke the order on a review under Part 8; or

(j) to revoke the order and make a new supervision order or detention order.

(2) An offender who is subject to an emergency detention order may appeal to the Court of Appeal against a decision made by the Supreme Court—

(a) to make the order; or

(b) to specify a particular period of operation of the order.

116 Appeal by the Secretary

If the Secretary considers that it is in the public interest to do so, the Secretary may appeal to the Court of Appeal against any of the following decisions made by a court—

(a) not to make a supervision order or an interim supervision order;

(b) not to renew a supervision order;

(c) not to extend an interim supervision order;

(d) to revoke a supervision order on a review under Part 8;

(e) to specify a particular period of operation of a supervision order or an interim supervision order;

(f) not to make an emergency detention order;

(g) to specify a particular period of operation of an emergency detention order;

(h) to impose or not to impose conditions (other than core conditions) on a supervision order or an interim supervision order;

(i) to declare or not to declare a condition on a supervision order to be a restrictive condition under section 41;

(j) not to extend an intensive treatment and supervision condition on a supervision order;

(k) not to cancel or suspend an offender's firearms authority; or

(l) not to revoke or suspend—

117 Appeal by the DPP

If the DPP considers that it is in the public interest to do so, the DPP may appeal to the Court of Appeal against a decision made by the Supreme Court—

(a) not to make a detention order or an interim detention order; or

(b) not to renew a detention order; or

(c) not to extend an interim detention order; or

(d) to revoke a detention order on a review under Part 8; or

(e) to specify a particular period of operation of a detention order or an interim detention order.

118 How appeal is commenced

(1) An appeal under this Division is commenced by filing with the Court of Appeal, in accordance with the rules of court, if any, a notice of appeal setting out the grounds of the appeal within—

(a) 28 days after the day on which the decision appealed from was made; or

(b) any extension of that period granted under subsection (2).

(2) The Court of Appeal at any time may extend the time within which a notice of appeal may be filed under subsection (1) if the Court considers that it is in the interests of justice to do so.

(3) As soon as practicable after filing a notice of appeal under subsection (1), the appellant must serve a copy of the notice on the respondent to the appeal.

(4) If the Secretary or the DPP is the appellant, the document served under subsection (3) must be accompanied by a notice (in the prescribed form, if any) setting out the offender's rights in relation to the appeal and the procedure for the hearing and determination of the appeal.

(5) The filing of a notice of appeal under subsection (1) does not operate as a stay of the decision appealed unless the court that made the decision or the Court of Appeal otherwise orders.

119 Conduct of appeal and powers to consider new evidence

(1) Sections 125, 126, 127, 128, 129, 130, 131, 132 and 133 (with any necessary modifications) apply to the hearing of an appeal under this Division.

(2) In considering an appeal under this Part, the Court of Appeal may—

(a) consider new evidence that is relevant to the application; and

(b) direct the Secretary to provide a new assessment report or progress report in respect of the offender.

120 Determination of appeal against decision not to make emergency detention order

(1) On an appeal under section 116(f), the Court of Appeal must allow the appeal if the appellant satisfies the court that—

(a) there is an error in the decision not to make an emergency detention order; and

(b) an emergency detention order should have been made.

(2) In any other case, the Court of Appeal must dismiss an appeal under section 116(f).

(3) If the Court of Appeal allows an appeal under section 116(f), it may—

(a) make an emergency detention order and any other order it considers appropriate in respect of the offender even if the offender has ceased to be an eligible offender because the relevant supervision order or interim supervision order has expired; or

(b) remit the matter to the Supreme Court under section 121(1)(l).

121 Powers of Court of Appeal

(1) Subject to section 120, on an appeal under this Division, the Court of Appeal may make any order that the court considers appropriate, including an order—

(a) confirming the decision; or

(b) revoking the supervision order or the renewed supervision order; or

(c) revoking the detention order or the renewed detention order; or

(d) revoking the emergency detention order; or

(e) revoking the interim supervision order, interim detention order, extended interim supervision order or extended interim detention order; or

(f) revoking an extension of an intensive treatment and supervision condition on a supervision order; or

(g) if the decision was to vary or add a condition to a supervision order or an interim supervision order, revoking the variation or revoking or varying the condition; or

(h) if the decision was to cancel or suspend a firearms authority or to revoke or suspend a weapons approval or the application of a weapons exemption, revoking the order; or

(i) if the decision was to specify a particular period of operation of an order, varying the period of operation of the order; or

(j) if the decision was to revoke an order made under this Act, reviving the order; or

(k) if the decision was to revoke a supervision order and make a detention order, revoking the detention order and restoring the supervision order; or

(l) setting aside the decision and remitting the matter to the court which made that decision, with or without any directions.

(2) If the Court of Appeal sets aside a decision and remits a matter to a court under subsection (1)(l), the court to which the matter is remitted may, subject to subsection (3), make or renew a supervision order or detention order or make or extend an interim supervision order or interim detention order in respect of the offender even if—

(a) the offender has ceased to be an eligible offender because the custodial sentence has been served or has expired; or

(b) the order to be renewed or extended has expired.

(3) Subsection (2) does not apply to—

(a) a decision to make or not to make an emergency detention order; or

(b) an offender who has ceased to be an eligible offender by reason of section 8(4).

(4) A direction under subsection (1)(l) may include a direction as to whether or not the court to which the matter is remitted should be constituted by the judge who made the decision appealed.

(5) If the Court of Appeal sets aside a decision to make or not to make an emergency detention order and remits a matter to the Supreme Court under subsection (1)(l), the Supreme Court may make the emergency detention order in respect of the offender even if the offender has ceased to be an eligible offender because the relevant supervision order or interim supervision order has expired.

122 Court of Appeal may make interim supervision order or interim detention order

(1) On setting aside a decision and remitting a matter to a court under section 121(1)(l), the Court of Appeal may, subject to subsection (2), make an interim supervision order or an interim detention order (as the case requires) in respect of the offender if the Court of Appeal is satisfied that—

(2) Subsection (1) does not apply to a decision to make or not to make an emergency detention order.

(3) Subject to this section, this Act applies to an interim supervision order or interim detention order made by the Court of Appeal in the same way as it applies to any other like interim order.

(4) The period of an interim supervision order or interim detention order made by the Court of Appeal is the period commencing on the making of the order and ending at the time when the matter has been determined by the court to which the matter has been remitted.

Division 2—Appeals relating to
publication of information

123 Appeal relating to publication of information

(1) Any person affected by a decision of the court under Division 1 of Part 19 may appeal to the Court of Appeal against that decision.

(2) On an appeal under subsection (1), the Court of Appeal may make any order that a court may make under Division 1 of Part 19.

Part 10—Procedure relating to applications

124 Exclusion of evidence from disclosure

A court in which an application under this Act (other than Part 12) is commenced may by order exclude evidence from disclosure to an offender if the court is satisfied that—

(a) it is in the public interest not to disclose it to the offender; and

(b) the material cannot be suitably redacted or communicated to the offender in a way that would not prejudice the public interest; and

(c) the making of the order would not lead to significant unfairness to the offender.

125 Hearing of application

(1) A court in which an application under Part 3, 5 or 8 is commenced must not begin to hear the application until—

(a) at least 25 working days have passed since it was commenced or, if satisfied that it is in the interests of justice to do so, any shorter period; and

(b) the court is satisfied that the offender has had a reasonable opportunity to obtain an independent report of any kind.

(2) Subsection (1) does not apply to a directions hearing under section 126.

(3) The Supreme Court may begin to hear an application under Part 7 if the court is satisfied that—

(a) it is in the interests of justice to do so; and

(b) the offender has had a reasonable opportunity to obtain—

(i) an independent report of any kind; and

(ii) legal representation.

(4) Subsection (3)(b) does not apply to an application under Part 7 if the Supreme Court has made an order under section 88 that the application is to be heard and determined in the absence of the offender.

(5) A court may adjourn the hearing of an application under Part 3, 5, 7 or 8 to give the offender the opportunity to obtain legal representation or an independent report of any kind or both.

(6) An offender who obtains an independent report on which the offender intends to rely must as soon as practicable after obtaining it—

(a) file a copy in court; and

(b) serve a copy on the Secretary or the DPP (as the case requires).

(7) An offender may obtain more than one independent report.

(8) A court may resume a hearing that was adjourned under subsection (5) even if the offender is not legally represented or has not obtained an independent report if the court is satisfied that the offender has had a reasonable opportunity to do so.

(9) In order to assist it in determining an application, a court may direct the Secretary or the DPP (as the case requires) or the offender to obtain and file in court, within a period specified by the court, a report of any kind.

(10) A copy of a report filed in court in accordance with a direction under subsection (9) must, subject to any order under section 124, be served on the other party as soon as practicable after it is filed.

126 Directions hearings

(1) A court in which an application under Part 3, 4, 5, 6 or 7 is commenced may fix a date for a directions hearing to be conducted in relation to the hearing of the application.

(2) At a directions hearing the court may give any direction that it considers necessary concerning the hearing of the application.

(3) Subject to subsection (4), an offender is entitled to be present at a directions hearing.

An offender may be present before the court by
audio visual link or audio link in accordance with Part IIA of the Evidence (Miscellaneous Provisions) Act 1958.

(4) Subsection (3) does not apply to a directions hearing in relation to an application for an emergency detention order if the Supreme Court has ordered under section 88 that the application is to be heard and determined in the absence of the offender.

127 Court may order offender to attend for personal examination

(1) A court in which an application under Part 3, 4, 5, 6, 7 or 8 is commenced may at any time order the offender to whom the application relates to attend for a personal examination by a medical expert or any other person for the purpose of enabling that expert or other person to make a report, or give evidence, to the court.

(2) Nothing in this section empowers the making of an order that would require an offender to submit to a physical examination or in any way actively cooperate in the carrying out of a personal examination.

128 Attendance of offender at hearings

(1) Subject to this section and section 88, an offender must be present during the hearing of an application under Part 3, 4, 5, 6, 7 or 8 in relation to the offender.

An offender may be present before the court by
audio visual link or audio link in accordance with Part IIA of the Evidence (Miscellaneous Provisions) Act 1958.

(2) If an offender acts in a way that makes the hearing in the offender's presence impracticable, the court may order that the offender be removed and the hearing continue in the absence of the offender.

(3) If an offender is unable to be present at the hearing of an application under Part 3, 4, 5, 6, 7 or 8 because of illness or for any other reason, the court may proceed with the hearing of the application in the absence of the offender if the court is satisfied that—

(a) doing so will not prejudice the interests of the offender; and

(b) the interests of justice require that the hearing should proceed in the absence of the offender.

129 Adjournment of hearing

(1) A court hearing an application under Part 3,
4, 5, 6, 7 or 8 may adjourn the hearing of the proceeding—

(a) to any time and place; and

(b) for any purpose; and

(c) on any terms as to costs or otherwise—

that it considers necessary or just in the circumstances.

(2) On an adjournment, the Bail Act 1977 applies, with any necessary modifications, to and in respect of an offender who is being held in custody under section 138 as if the offender were accused of an offence and were being held in custody in relation to that offence.

130 Legal representation

The offender is entitled to a reasonable opportunity to obtain legal representation for the hearing of an application under Part 3, 4, 5, 6, 7 or 8.

131 Admissibility of evidence

(1) Subject to subsection (2) and sections 134 and 135, the rules of evidence apply to evidence adduced in the hearing of an application under Part 3, 4, 5, 6, 7 or 8.

(2) In hearing an application under Part 3, 4, 5, 6, 7 or 8, a court may receive in evidence—

(a) the offender's antecedents and criminal history; and

(b) any material relied on in an assessment report or progress report relating to the offender; and

(c) anything relevant to the issue contained in any medical, psychiatric, psychological or other report tendered in any proceeding against the offender for a serious sex offence or a serious violence offence.

132 Matters to which court may have regard

Without limiting any other provision of this Act, a court hearing an application under Part 3, 4, 5, 6, 7 or 8 may have regard to—

(a) whether the offender cooperated, or cooperated fully, in the preparation of an assessment report or progress report, including any examination for the purposes of an additional assessment under Part 18; and

(b) if the offender did not cooperate, or did not cooperate fully, in the preparation of an assessment report or progress report, the reasons of the offender for not doing so; and

(c) whether an assessment report or progress report was made without a personal examination of the offender.

133 Reasons for determination

A court that determines an application under Part 3, 4, 5, 6, 7 or 8 must—

(a) state the reasons for its determination; and

(b) cause those reasons to be entered in the records of the court; and

(c) cause a copy of any order made by it to be provided to—

(i) the Secretary; and

(ii) the DPP if the DPP is an applicant or a respondent to the application; and

(iii) the offender.

134 Victim submission

(1) This section does not apply to an application for an emergency detention order.

(2) A person who is a victim of the offender may make a submission to the court for consideration by the court in relation to an application under Part 3, 4, 5, 6 or 8.

(3) The Secretary or the DPP (as the case requires) must give notice of an application under Part 3, 4, 5, 6 or 8 to each person included on the victims register who is a victim of the eligible offender.

(4) A notice under subsection (3) must specify—

(a) the nature of the application; and

(b) the period within which the victim submission can be made in relation to the application.

(5) A person who is given notice under subsection (3) and wishes to make a victim submission must do so within the period specified in the notice.

(6) A victim submission must—

(a) be in writing; and

(b) address matters relating to the person's views about any conditions to which a supervision order or interim supervision order should be subject; and

(c) include the prescribed matters, if any.

(7) In this section—

victim has the same meaning as in section 30A of the Corrections Act 1986;

victims register has the same meaning as in the Corrections Act 1986.

135 Victim submission not to be released to offender without consent

(1) A court must not release a victim submission to an offender in respect of whom an order is being made unless—

(a) in the opinion of the court, the release of the submission is essential in the interests of fairness and justice; and

(b) before releasing the victim submission, the court has asked the person who made the victim submission whether the person—

(i) consents to the submission being released to the offender; or

(ii) wishes to amend the submission so that it can be released to the offender; or

(iii) wishes to withdraw the submission.

(2) If a person who made a victim submission does not—

(a) consent to the submission being released to the offender; or

(b) amend the submission so that it can be released to the offender; or

(c) withdraw the submission—

when asked by the court under subsection (1)(b), the court—

(d) must not release the victim submission to the offender; and

(e) in considering the victim submission when determining to impose a condition on the supervision order, may reduce the weight it would otherwise have given to the submission if the person who made it had consented as provided for in subsection (1)(b).

(3) Despite subsections (1) and (2), the court may take reasonable steps to disclose to the offender, or the offender's legal representative, the substance of the victim submission if the court is satisfied that those steps would not reasonably lead to the identification of the victim who made the submission.

136 Power to issue arrest warrant

(1) The Secretary or the DPP may apply to a judge of the Supreme Court or a judge of the County Court before which an application in respect of an offender is being heard for the issue of a warrant to arrest under subsection (2) or (3).

(2) Subject to subsection (4), a judge referred to in subsection (1) may issue in accordance with the Magistrates' Court Act 1989 a warrant to arrest an offender who fails to attend a hearing before the court under Part 3, 4, 5, 6, 7, 8 or 9 if satisfied that—

(a) notice of the hearing was served on the offender; or

(b) there are reasonable grounds to believe that the offender is evading service of the notice of the hearing.

(3) Subject to subsection (4), a judge referred to in subsection (1) may issue in accordance with the Magistrates' Court Act 1989 a warrant to arrest an offender who is the subject of an application to the court under Part 3, 4, 5, 6, 7, 8 or 9 if satisfied that the offender has absconded or is unlikely to attend a hearing held under that Part.

(4) A judge of the Supreme Court must not issue a warrant under subsection (2) or (3) if the Supreme Court has ordered under section 88 that an application for an emergency detention order is to be heard and determined in the absence of the offender.

(5) Except as provided by this Act, the rules to be observed with respect to warrants to arrest under the Magistrates' Court Act 1989 (except sections 62 and 64(2)) extend and apply to warrants issued under this section.

137 Execution of warrant to arrest

(1) A warrant to arrest issued under section 136 may be executed by any police officer.

(2) A person executing a warrant to arrest issued under section 136 may use any reasonable force that is necessary to enter any premises, vessel, aircraft or vehicle for the purpose of executing the warrant.

(3) A person executing a warrant to arrest issued under section 136 may use only the reasonable force that is necessary for the execution of the warrant.

(4) A person executing a warrant is not liable for injury or damage caused by the use of force in accordance with this section.

(5) A person who uses force to execute a warrant to arrest issued under section 136 must report the fact as soon as possible to the Chief Commissioner of Police.

(6) The Chief Commissioner of Police must report to the Secretary as soon as possible any use of force by a person that has been reported to the Chief Commissioner of Police under this section.

138 Arrested offender to be brought before court

(1) An offender arrested under a warrant issued under section 136 must be brought as soon as practicable before the court referred to in section 136(1).

(2) If an arrested offender is brought before the court in accordance with subsection (1) or (3), the court may—

(a) grant the offender bail, with any security that the court thinks fit, on any conditions that the court thinks fit, for the purpose of ensuring the attendance of the offender before the court at the hearing of the application under Part 3, 4, 5, 6, 7, 8 or 9; or

(b) order the continued detention of the offender in police custody for the purpose of ensuring the attendance of the offender at the hearing of the application under Part 3, 4, 5, 6, 7, 8 or 9 until the conclusion of the hearing; or

(c) if the court is satisfied that there are reasonable grounds to believe that it is necessary to prevent the offender from escaping from police custody, order the detention of the offender in a prison or a police gaol for the purpose of ensuring the attendance of the offender at the hearing of the application under Part 3, 4, 5, 6, 7, 8 or 9 until the conclusion of the hearing; or

(d) order the release of the offender.

(3) An offender who is detained under this section must be brought before the court within 14 days, or any other period fixed by the court, after the last appearance of the offender before the court.

(4) If an offender, other than an offender detained in accordance with an order made under subsection (2)(c), is to be detained overnight under this section, the Chief Commissioner of Police must arrange for the offender to be provided with accommodation and meals to a standard comparable to that generally provided to jurors kept together overnight.

(5) If an offender is detained in a prison in accordance with an order made under subsection (2)(c), the court may order that the offender be delivered into the custody of a police officer to bring the offender before the court on the hearing of an application under Part 3, 4, 5, 6, 7, 8 or 9.

Part 11—Authority may give directions or instructions to offenders on supervision orders or interim supervision orders

139 Directions by Authority

The Authority should aim to ensure that any directions it gives to an offender—

(a) constitute the minimum interference with the offender's liberty, privacy or freedom of movement that is necessary in the circumstances to ensure the purposes of the conditions; and

(b) are reasonably related to the gravity of the risk of the offender re-offending, whether by committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3 or by engaging in any behaviour or conduct that threatens the safety of any person (including the offender).

140 Directions by Authority authorised by condition of supervision order or interim supervision order

If the conditions of a supervision order or interim supervision order authorise the Authority to give directions to an offender, the Authority may give directions to an offender in accordance with that authorisation.

141 Electronic monitoring directions by Authority

If the Authority gives a direction authorised by a condition referred to in section 36(4)(c), the Authority must also give the following directions—

(a) the offender must comply with any direction given by the Authority relating to the electronic monitoring;

(b) the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the offender at the direction of the Authority;

(c) the offender must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring;

(d) the offender must accept any visit by the Secretary to the residential facility, at any time that it is reasonably necessary and for any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring of the offender's compliance with the direction that the offender reside at the residential facility.

142 Emergency power of direction

(1) The emergency power of the Authority is the power to give directions to an offender to manage the offender in a way that is inconsistent with, or not provided for by the conditions of the supervision order or interim supervision order.

(2) The Authority may exercise its emergency power to give a direction to the offender if—

(a) there is an imminent risk of harm to the offender or to the community; or

(b) accommodation specified by the court
as a condition of the order becomes unavailable—

and the Authority believes on reasonable grounds that because of the urgency of the situation it is not practicable for an application to be made to the court for a variation of the conditions of the supervision order or interim supervision order.

S. 142(3) substituted by No. 45/2019 s. 10.

(3) The Authority may exercise its emergency power to give a direction to an offender to reside at a residential facility only if a court referred to in section 8(1)(a) has imposed on the offender a custodial sentence for a serious sex offence.

(4) The Authority may not exercise its emergency power to give a direction to an offender to reside at a residential treatment facility.

(5) An emergency direction ceases to have effect 72 hours after it is given.

(6) If the Authority gives a direction under this section, it must notify the Secretary of that direction before it ceases to have effect.

143 Urgent review of conditions of supervision order or interim supervision order

(1) This section applies if the Authority gives a direction under its emergency power and believes that the management of the offender under that direction should continue for more than 72 hours.

(2) The Authority may recommend to the Secretary that an urgent application be made to the court under Part 8 for a review of the conditions of the supervision order or interim supervision order.

144 Report to the court

(1) This section applies if the Authority exercises its emergency power in relation to an offender.

(2) The Secretary must, within 5 working days after the Authority initiates the use of the emergency power, report to the court that made the supervision order or interim supervision order in respect of the offender.

(3) The report must set out—

(a) details of the emergency situation; and

(b) an explanation as to why the offender could not be managed during the emergency situation consistently with the conditions of the supervision order or interim supervision order; and

(c) how the emergency power was exercised; and

(d) how the emergency situation was resolved.

145 Instructions

In addition to its powers to give directions authorised under a supervision order or interim supervision order, the Authority may give any instructions to an offender that are necessary to give effect to the conditions of or directions under a supervision order or interim supervision order and are consistent with that order.

146 Notice of directions or instructions

The Authority must notify the offender of any directions or instructions it gives in relation to the offender.

147 Offender may make submissions

(1) The offender is entitled to make written submissions to the Authority about a direction relating to the offender.

(2) The submissions must be made within 21 days after the notice of the direction is given to the offender.

(3) In the submissions, the offender may specify that the offender wishes to attend a meeting of the Authority to be heard in relation to the submissions.

148 Attendance of offender at meetings of Authority

(1) If required by the Authority, an offender must attend a meeting of the Authority for a purpose relating to the giving of a direction or instruction by the Authority.

(2) An offender who has specified under section 147 that the offender wishes to attend a meeting of the Authority to be heard in relation to the submissions is entitled to be present at the part of a meeting of the Authority at which the Authority considers the submissions.

(3) At the meeting the offender—

(a) must be given the opportunity to be heard in relation to the direction; and

(b) may ask the reasons for the direction; and

(c) may give a response to those reasons.

(4) For the purposes of this section, an offender may be present before the Authority by audio visual link or audio link.

(5) For the purposes of subsection (4), the Authority must be satisfied that both the place where the meeting of the Authority is to be held and the place where the offender is are equipped with facilities that—

(a) if the offender is present by audio visual link—

(i) enable all the members of the Authority attending the meeting to see and hear the offender; and

(ii) enable the offender to see and hear all the members of the Authority attending the meeting; or

(b) if the offender is present by audio link—

(i) enable all the members of the Authority attending the meeting to hear the offender; and

(ii) enable the offender to hear all the members of the Authority attending the meeting.

(6) The Authority may hold a meeting of a kind referred to in subsection (2) in the absence of the offender if the Authority is satisfied that the offender does not wish to be present at the meeting.

S. 148(7) repealed by No. 11/2021 s. 200.

149 Decision of Authority on submissions

The Authority must consider the offender's written submissions under section 147 and any response by the offender at a meeting under section 148 and confirm or vary the direction as soon as practicable.