28 Delegations made under Serious Sex Offenders (Detention and Supervision) Act 2009
(1) Unless the context otherwise requires, a delegation by the Secretary within the meaning of section 3 of the Serious Sex Offenders (Detention and Supervision) Act 2009 under section 196 of that Act as in force immediately before the repeal of that Act is taken, on and from the commencement of the Act, to be a delegation by the Secretary under section 345 of the Act, until the delegation is subsequently amended, varied or revoked under the Act.
(2) Unless the context otherwise requires, a delegation by the Commissioner within the meaning of section 3 of the Serious Sex Offenders (Detention and Supervision) Act2009 under section 197 of that Act as in force immediately before the repeal of that Act is taken, on and from the commencement of the Act, to be a delegation by the Commissioner under section 346 of the Act, until the delegation is subsequently amended, varied or revoked under the Act.
29 Reports and plans
Part 18 of the Act applies to an offender who is subject to an order referred to in clause 4(3) of Schedule 4 to the Act, insofar as Part 18 relates to the core conditions imposed on the order under section 31 of the Act in accordance with clause 4(3) of Schedule 4 to the Act.
30 Removal of electronic monitoring devices and equipment
Part 15 of the Act applies to an offender who is subject to an order referred to in clause 4(3) of Schedule 4 to the Act to the extent that it is not inconsistent with—
(a) any condition on the order; and
(b) clause 4(2) of Schedule 4 to the Act.
Form 1 amended by S.R. No. 94/2025 reg. 8.
Form 1—Notice to offender about application for a supervision order
Regulation 5
Notice to offender about application for a supervision order
This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has applied to the *Supreme Court/*County Court to make you subject to a supervision order under the Serious Offenders Act 2018.
• the nature of supervision orders.
REASON FOR APPLICATION FOR A SUPERVISION ORDER
The Secretary has applied to the *Supreme Court/*County Court for a supervision order because—
• you have committed *a serious sex offence/*a serious violence offence; and
• at least one medical expert has assessed you and formed an opinion about any risk that you will commit another serious sex offence, or serious violence offence, or both, if you are released in the community and are not subject to an order; and
Section 28 - Serious Offenders Regulations 2018 - Delegations made under Serious Sex Offenders (Detention and Supervision) Act 2009 | Zoe
A copy of the following assessment *report/*reports *is/*are included with this notice—
• to provide enhanced protection to the community, by requiring offenders who have served custodial sentences for a serious sex offence, or a serious violence offence, or both, and who present an unacceptable risk of harm to the community, to be subject to ongoing supervision; and
A person subject to a supervision order does not live in prison or a police gaol. The person may be ordered to reside at a particular place, including in a residential facility or in a residential treatment facility.
If you are subject to a supervision order you must comply with the conditions set out in the order (see below) and you may also be required to comply with directions given to you by the Post Sentence Authority.
PERIOD AND DURATION OF A SUPERVISION ORDER
A supervision order starts either—
• if the custodial sentence has already finished, on a date that the court will set.
The court will decide the duration of the order. The maximum duration of an order is 15 years, however a supervision order—
• generally must be reviewed at least every 3 years; and
• can, on an application for leave to the court, be reviewed at any time where there are new facts and circumstances that would justify a review, or it is in the interests of justice to do so; and
• can be repeatedly renewed by a court, if you continue to pose an unacceptable risk.
Core conditions of an order
If you are subject to a supervision order, then in addition to other matters, the order will specify that you must—
• if residing at a residential facility or a residential treatment facility, 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; and
• attend at any place as directed by the Post Sentence Authority for the purpose of administering the conditions of the order; and
• attend at any place directed by the Post Sentence Authority for the purpose of making assessments (including a personal examination by a medical expert) required by the court, the Secretary or the DPP; and
• notify the Post Sentence Authority of any change of employment or new employment (paid or unpaid) at least 2 clear days before the change; and
• if residing at a residential facility or a residential treatment facility, obey all reasonable instructions given by a supervision officer or a specified officer that are necessary to ensure the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility; and
• comply with directions given by the Post Sentence Authority in the exercise of its emergency powers. These powers allow the Authority to manage you differently from the way the court has ordered where it is not practicable to apply to the court for a variation of the conditions of the supervision order if there is an imminent risk of harm to you or to the community, or if the accommodation specified by the court becomes unavailable; and
• obey all reasonable instructions given by a community corrections officer or a specified officer that are necessary to ensure your safety and welfare or the safety and welfare of any other persons, your compliance with any conditions of your order, your compliance with any rehabilitation or treatment plan or your compliance with any directions given to you by the Post Sentence Authority.
Possible other conditions of supervision order
If the court imposes a supervision order on you, then in addition to the above core conditions of the order, the court must consider whether it is appropriate to impose any of the following suggested conditions—
• requiring you to submit 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;
• the types of behaviour that you must not engage in, where that behaviour was preparatory to your prior offending or may increase your risk of committing a serious sex offence, or a serious violence offence, or both, or an offence referred to in Schedule 3 to the Serious Offenders Act 2018, or conduct that threatens the safety of other persons;
• the forms of monitoring (including electronic monitoring) of compliance with the supervision order, to which you must submit;
• the personal examinations by a medical expert which you must attend for the medical expert to prepare a report for the Post Sentence Authority to assist it to make directions under the order.
• that the Post Sentence Authority is authorised to give you directions in relation to the operation of any condition of your supervision order;
• to reduce your risk of re-offending whether by committing a serious sex offence, or a serious violence offence, or both, or an offence listed in Schedule 3 to the Serious Offenders Act 2018; or
• to address behaviours that may increase your risk of re-offending including engaging in any behaviour or conduct that threatens the safety of any person, including you; or
If the court imposes a supervision order on you, and your risk cannot be managed while you are residing in the community, the court may impose an intensive treatment and supervision condition requiring you to reside at a residential treatment facility.
A residential treatment facility is a secure facility and you will not be able to enter and leave the facility at any time other than in accordance with the conditions of your order or the permission of the Post Sentence Authority.
• provide intensive treatment and supervision to you to reduce your risk of re-offending and assist with transitioning you to living in the community; and
• assist you to comply with the conditions of your order in a therapeutic environment offering you intensive support and case management; and
An intensive treatment and supervision condition can be made for up to 2 years and may be extended for a period of 12 months. Further extensions of the condition may only be made in exceptional circumstances.
In the event that an intensive treatment and supervision condition is imposed on you, you will be offered intensive treatment in accordance with the attached treatment and supervision plan. The plan sets out the treatment and services that will be provided to you, why they are required to reduce your risk of committing a serious sex offence, or a serious violence offence, or both, and the proposed process for transitioning you from the residential treatment facility to a residential facility or to other accommodation in the community.
If you are subject to a supervision order, the following core conditions of the supervision order are restrictive conditions—
• if residing at a residential facility or a residential treatment facility, you must not engage in conduct that poses a risk to the good order of that facility or the safety and welfare of offenders or staff at that facility or visitors to that facility;
A contravention of a restrictive condition will result in a minimum term of imprisonment of not less than 12 months unless the court is satisfied that certain special circumstances exist.
This minimum sentence is designed to have a deterrent effect by putting you on notice that a contravention of a restrictive condition will carry particularly harsh consequences.
In addition to the above core conditions, the Secretary may apply to the court for a declaration that any of the following conditions of the supervision order are "restrictive conditions"—
• that you must reside at a specified place (including whether you are to reside at a residential facility or a residential treatment facility);
If you are the subject of a supervision order you must obtain the written approval of the Post Sentence Authority before applying to a registrar to change your name.
CONSEQUENCES OF CONTRAVENING A SUPERVISION ORDER
If you do not comply with all of the conditions of a supervision order, you may be charged by the Secretary or a police officer with contravening a condition of the order.
The penalty for this offence is up to 5 years imprisonment. If it is a contravention of a "restrictive condition", the court must impose a penalty of not less than 12 months imprisonment, unless a special reason exists.
If you do not comply with all of the conditions of a supervision order, the Post Sentence Authority may also investigate your conduct and may—
• recommend that the Secretary initiate the process to apply to have you made subject to a detention order, which would require you to live in prison; and
HEARING AND DETERMINATION OF APPLICATION FOR A SUPERVISION ORDER
An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released in the community and are not subject to a supervision order.
You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The court may direct either you, or the Secretary, or both, to obtain any other assessment reports or reports of another kind.
The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.
You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.
• your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or
At the hearing the Secretary will argue that you should be subject to a supervision order and that the court should impose suggested or discretionary conditions to reduce your risk and promote your rehabilitation and treatment. You have the right to argue that you should not be subject to a supervision order and that the suggested and discretionary conditions should not apply to you.
The court may only make you subject to a supervision order if it is satisfied that you 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 you are in the community.
You or the Secretary may dispute the whole or any part of an assessment report or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters, and cross-examine the author of the report on the report's contents.
It is an offence for any person or body to publish or cause to be published the following matters relating to the supervision order or application, unless the court authorises publication because of exceptional circumstances—
• any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;
• the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or
If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of 600 penalty units may be imposed.
The court will decide whether or not you should be subject to a supervision order.
The court must state the reasons for its decision and cause a copy of any order to be given to you.
Supervision orders must be reviewed by the court at least every 3 years, or within a shorter timeframe if ordered by the court.
The Director of Public Prosecutions, the Secretary or you may apply to the court that made the supervision order at any time for leave to apply for a review of that order.
You have the following rights in relation to an application for a supervision order—
• to appeal against the conditions (other than the core conditions) imposed on you under the supervision order;
Form 2 amended by S.R. No. 94/2025 reg. 8.
Form 2—Notice to offender about application to renew a supervision order
Regulation 6
Notice to offender about application to renew a supervision order
This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has applied under the Serious Offenders Act 2018 to the *Supreme Court/*County Court to renew your supervision order.
• the nature of supervision orders.
REASON FOR APPLICATION TO RENEW A SUPERVISION ORDER
The Secretary has applied to the *Supreme Court/*County Court asking it to renew your supervision order because—
• at least one medical expert has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are in the community and not subject to an order; and
• the Secretary has formed the view that they should apply for renewal of a supervision order.
A copy of the following *assessment report/*the latest progress report *is/*are included with this notice—
• to provide enhanced protection to the community, by requiring offenders who have served custodial sentences for serious sex offences or serious violence offences, or both, and who present an unacceptable risk of harm to the community, to be subject to ongoing supervision; and
A person subject to a supervision order does not live in prison or a police gaol. The person may be ordered to reside at a particular place, including in a residential facility or in a residential treatment facility.
If you are subject to a supervision order you must comply with the conditions set out in the order (see below) and you may also be required to comply with directions given to you by the Post Sentence Authority.
PERIOD AND DURATION OF A SUPERVISION ORDER
The supervision order will start on a date that the court will set.
The court will decide the duration of the supervision order. The maximum duration of a supervision order is 15 years, however a supervision order—
• generally must be reviewed at least every 3 years; and
• can, on application to the court for leave, be reviewed at any time if there are new facts and circumstances that would justify a review, or it is in the interests of justice to do so; and
• can be repeatedly renewed by a court, if you continue to pose an unacceptable risk.
Core conditions of supervision order
If you are subject to a supervision order, then in addition to other matters, the order will specify that you must—
• if residing at a residential facility or a residential treatment facility, 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; and
• attend at any place as directed by the Post Sentence Authority for the purpose of administering the conditions of the order; and
• attend at any place directed by the Post Sentence Authority for the purpose of making assessments (including a personal examination by a medical expert) required by the court, the Secretary or the DPP; and
• notify the Post Sentence Authority of any change of employment or new employment (paid or unpaid) at least 2 clear days before the change; and
• if residing at a residential facility or a residential treatment facility, obey all reasonable instructions given by a supervision officer or a specified officer that are necessary to ensure the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility; and
• comply with directions given by the Post Sentence Authority in the exercise of its emergency powers. These powers allow the Authority to manage you differently from the way the court has ordered where it is not practicable to apply to the court for a variation of the conditions of the supervision order if there is an imminent risk of harm to you or to the community, or if the accommodation specified by the court becomes unavailable; and
• obey all reasonable instructions given by a community corrections officer or a specified officer that are necessary to ensure your safety and welfare or the safety and welfare of any other persons, your compliance with any conditions of your order, your compliance with any rehabilitation or treatment plan or your compliance with any directions given to you by the Post Sentence Authority.
Possible other conditions of supervision order
If the court imposes a supervision order on you, then in addition to the above core conditions of the order, the court must consider whether it is appropriate to impose any of the following suggested conditions—
• requiring that you submit 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;
• the types of behaviour that you must not engage in, where that behaviour was preparatory to your prior offending or may increase your risk of committing a serious sex offence, or a serious violence offence, or both, or an offence referred to in Schedule 3 to the Serious Offenders Act 2018, or conduct that threatens the safety of other persons;
• the forms of monitoring (including electronic monitoring) of compliance with the supervision order, to which you must submit;
• the personal examinations by a medical expert which you must attend for the medical expert to prepare a report for the Post Sentence Authority to assist it to make directions under the order.
• that the Post Sentence Authority is authorised to give you directions in relation to the operation of any condition of your supervision order;
• to reduce your risk of re-offending whether by committing a serious sex offence, or a serious violence offence, or both, or an offence listed in Schedule 3 to the Serious Offenders Act 2018; or
• to address behaviours that may increase your risk of re-offending including engaging in any behaviour or conduct that threatens the safety of any person, including you; or
If the court imposes a supervision order on you and your risk cannot be managed while you are residing in the community, the court may impose an intensive treatment and supervision condition requiring you to reside at a residential treatment facility.
A residential treatment facility is a secure facility and you will not be able to enter and leave the facility at any time other than in accordance with the conditions of your order or the permission of the Post Sentence Authority.
• provide intensive treatment and supervision to you to reduce your risk of re-offending and assist with transitioning you to living in the community; and
• assist you to comply with the conditions of your order in a therapeutic environment offering you intensive support and case management; and
An intensive treatment and supervision condition can be made for up to 2 years and may be extended for a period of 12 months. Further extensions of the condition may only be made in exceptional circumstances.
In the event that an intensive treatment and supervision condition is imposed on you, you will be offered intensive treatment in accordance with the attached treatment and supervision plan. The plan sets out the treatment and services that will be provided to you, why they are required to reduce your risk of committing a serious sex offence, or a serious violence offence, or both, and the proposed process for transitioning you from the residential treatment facility to a residential facility or to other accommodation in the community.
If you are subject to a supervision order, the following core conditions of the supervision order are restrictive conditions—
• if residing at a residential facility or a residential treatment facility, you must not engage in conduct that poses a risk to the good order of that facility or the safety and welfare of offenders, staff or visitors at that facility;
A contravention of a restrictive condition will result in a minimum term of imprisonment of not less than 12 months unless the court is satisfied that certain special circumstances exist.
This minimum sentence is designed to have a deterrent effect by putting you on notice that a contravention of a restrictive condition will carry particularly harsh consequences.
In addition to the above core conditions, the Secretary may apply to the court for a declaration that any of the following conditions of the supervision order are "restrictive conditions"—
• that you must reside at a specified place (including whether you are to reside at a residential facility or a residential treatment facility);
If you are the subject of a supervision order you must obtain the written approval of the Post Sentence Authority before applying to a registrar to change your name.
CONSEQUENCES OF CONTRAVENING A SUPERVISION ORDER
If you do not comply with all of the requirements of a supervision order, you may be charged by the Secretary or a police officer with contravening the order.
The penalty for this offence is up to 5 years imprisonment. If it is a contravention of a "restrictive condition", the court must impose a penalty of not less than 12 months imprisonment, unless a special reason exists.
If you do not comply with all of the requirements of a supervision order, the Post Sentence Authority may also investigate your conduct and may—
• recommend that the Secretary initiate the process to apply to have you made subject to a detention order, which would require you to live in prison; and
• take steps to have you prosecuted for contravention of the order.
HEARING AND DETERMINATION OF APPLICATION TO RENEW A SUPERVISION ORDER
• a copy of the application and any other reports filed with the court; and
• a copy of any assessment report or progress report that accompanied the application; and
–the nature of supervision orders.
An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released in the community and are not subject to a supervision order.
A progress report is prepared by a medical expert who has assessed your likelihood to commit a serious sex offence, or a serious violence offence, or both, in the future. These reports include efforts made by you to address the causes of any sexual and violent offending including your participation in rehabilitation or treatment. Progress reports also address factors that might increase or decrease any identified risks.
You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The court may direct either you or the Secretary, or both, to obtain any other assessment reports or reports of another kind.
The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.
You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.
HEARING FOR RENEWAL OF SUPERVISION ORDER
• your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or
At the hearing the Secretary will argue that you should continue to be subject to a supervision order. You have the right to argue that you should not be subject to a supervision order.
The court may make you subject to a supervision order if it is satisfied that you 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 you are in the community.
You or the Secretary may dispute the whole or any part of the assessment report or progress report prepared for the purpose of the renewal application or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters, and cross‑examine the author of the report on the report's contents.
It is an offence for any person or body to publish or cause to be published the following matters relating to the supervision order or application unless the court authorises publication because of exceptional circumstances—
• the contents of any reports or documents put before the court;
• any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;
• the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or
If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of up to 600 penalty units may be imposed.
The court will decide whether or not your supervision order should be renewed.
Supervision orders must be reviewed by the court at least every 3 years, or within a shorter timeframe if ordered by the court.
The Director of Public Prosecutions, the Secretary or you may apply to the court that made the supervision order at any time for leave to apply for a review of that order.
You have the following rights in relation to an application to renew a supervision order—
• to be given an opportunity to obtain legal representation;
• to appeal against the renewal of the supervision order;
• to appeal against the conditions (other than the core conditions) of the supervision order;
Form 3 amended by S.R. No. 94/2025 reg. 8.
Form 3—Notice to offender about
application for declaration of restrictive conditions
Regulation 7
Notice to offender about application for declaration of restrictive conditions
This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has applied to the *Supreme Court/*County Court on the making of a *supervision order/*review of a supervision order or condition of the order to have the court declare certain conditions on your order to be restrictive conditions under the Serious Offenders Act 2018.
• the implications if the declaration is made.
REASONS FOR APPLICATION FOR A DECLARATION
The Secretary has applied to the *Supreme Court/*County Court for a declaration that the following conditions are restrictive conditions on your supervision order−
• *that you must not consume alcohol;
• *that you must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;
• *that you must reside at a specified place (including whether you are to reside at a residential facility or a residential treatment facility);
• *that you must be at your place of residence between specified times;
• *that you may only leave your place of residence in accordance with specified conditions;
• *that you must not visit a specified place or area or may only visit the place or area at specified times;
• *that you must not visit a specified place or area or may visit the place or area only at specified times;
• *that you must not have contact with a specified person or class of person;
• that you must not contravene the Firearms Act 1996 or the Control of Weapons Act 1990.
The Secretary seeks a declaration that these conditions are restrictive conditions in order to address your risk of committing a serious sex offence, or a serious violence offence, or both, or an offence listed in Schedule 3 to the Serious Offenders Act 2018.
In addition to the above conditions the following core conditions are also restrictive conditions—
• if residing at a residential facility or a residential treatment facility, you 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;
Implications of a declaration of restrictive conditions
If you do not comply with all of the conditions of a supervision order, you may be charged by the Secretary or a police officer with contravening a condition of the order.
A contravention of a restrictive condition will result in a minimum term of imprisonment of not less than 12 months unless the court is satisfied that certain special circumstances exist.
This minimum sentence is designed to have a deterrent effect by putting you on notice that a contravention of a restrictive condition will carry particularly harsh consequences.
HEARING AND DETERMINATION OF APPLICATION FOR A DECLARATION OF RESTRICTIVE CONDITIONS
• a copy of the application for a declaration of restrictive conditions; and
• a copy of a progress report that accompanied the application; and
A progress report is prepared by a medical expert who has assessed your current level of risk of committing a serious sex offence, or a serious violence offence, or both, if you are released into the community and are not subject to a supervision order.
You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The court may direct any of the parties to obtain any other assessment reports or reports of another kind.
The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.
You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.
• your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or
At the hearing the Secretary will argue that—
• you should be subject to a supervision order; and
• the conditions set out in this notice should be restrictive conditions on your order.
You have the right to argue that the conditions should not be restrictive conditions.
The court must consider—
• a progress report about you; and
• any other report made, or evidence given, by a medical expert; and
• any report made by the Post Sentence Authority; and
• any report made by the Secretary; and
• any submissions made by the parties to the review.
The court may consider—
• any previous assessment report or progress report or reports filed with the court; and
• anything else that the court considers appropriate.
You or the Secretary may dispute the whole or any part of a progress report or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters, and cross‑examine the author of the report on the report's contents.
The court will decide whether to declare certain conditions of the order to be restrictive conditions, or be confirmed as restrictive conditions, or be varied or removed or new conditions added to your order.
You have the following rights—
• to have the application for the review of your supervision order heard and determined by the *Supreme Court/*County Court;
• to be given a reasonable opportunity to obtain legal representation;
If the court decides to declare that certain conditions on your order are restrictive conditions, you have the right to appeal to the Court of Appeal against a decision by the court reviewing the supervision order to declare a condition to be a restrictive condition.
Form 4 amended by S.R. No. 94/2025 reg. 8.
Form 4—Notice to extend intensive treatment and supervision condition
Regulation 8
Notice to extend intensive treatment and supervision condition
This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has applied to the *Supreme Court/*County Court to extend the intensive treatment and supervision condition on your supervision order under the Serious Offenders Act 2018.
• the procedure for hearing and determining the application.
REASONS FOR APPLICATION TO EXTEND INTENSIVE TREATMENT AND SUPERVISION CONDITION
The Secretary has applied to the *County Court/*Supreme Court to extend the intensive treatment and supervision condition on your supervision order because—
*first extension
• the court has imposed a supervision order on you and your risk of committing a serious sex offence, or a serious violence offence, or both, cannot be managed while you are residing in the community.
*second/*subsequent extensions
• the court has imposed a supervision order on you and your risk, of committing a serious sex offence, or a serious violence offence, or both, cannot be managed while you are residing in the community; and
• the Secretary considers that exceptional circumstances exist which justify a further extension of this condition.
PURPOSE OF INTENSIVE TREATMENT AND SUPERVISION CONDITION
The purpose of an intensive treatment and supervision condition is to require you to reside at a residential treatment facility. The purpose of housing you in a residential treatment facility is to—
• provide intensive treatment and supervision to you to reduce your risk of re-offending and assist with transitioning you to living in the community; and
• assist you to comply with the conditions of your order in a therapeutic environment offering you intensive support and case management; and
EFFECT OF INTENSIVE TREATMENT AND SUPERVISION CONDITION
A person who is subject to a supervision order which includes an intensive treatment and supervision condition is required to reside in a residential treatment facility and is not permitted to leave a residential treatment facility except with the permission of the Post Sentence Authority, in accordance with the treatment and supervision plan, or in accordance with an instruction given by a supervision officer or a specified officer.
When a supervision order is imposed that includes an intensive treatment and supervision condition, you will be offered intensive treatment in accordance with the attached treatment and supervision plan. That plan sets out the treatment and services that will be provided to you, why they are required to reduce your risk of committing a serious sex offence, or a serious violence offence, or both, and the proposed process for transitioning you from the residential treatment facility to a residential facility or other accommodation in the community.
PERIOD AND DURATION OF AN INTENSIVE TREATMENT AND SUPERVISION CONDITION
An intensive treatment and supervision condition can be made for an initial period of up to 2 years, and may be extended for a further period of 12 months. Further extensions of the condition can only be made in exceptional circumstances.
The Secretary must apply to the court that made the supervision order for a review of an intensive treatment and supervision condition not later than 12 months after the condition is imposed on a supervision order and thereafter at 12-monthly intervals while the condition continues to apply.
HEARING AND DETERMINATION OF APPLICATION TO EXTEND AN INTENSIVE TREATMENT AND SUPERVISION CONDITION
• a copy of any treatment and supervision plan; and
• a copy of at least one assessment report or the latest progress report for you; and
An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released in the community and are not subject to a supervision order.
A progress report is prepared by a medical expert who has assessed your likelihood to commit a serious sex offence, or a serious violence offence, or both, in the future. These reports include efforts made by you to address the causes of any sexual and violent offending, including your participation in rehabilitation or treatment. Progress reports also address factors that might increase or decrease any identified risks.
You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The court may direct either you or the Secretary, or both, to obtain any other assessment reports or reports of another kind.
The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.
You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.
• your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or
At the hearing the Secretary will argue that you should continue to be subject to an intensive treatment and supervision condition. You have the right to argue that an intensive treatment and supervision condition should not apply to you.
The court may only extend an intensive treatment and supervision condition for a period not exceeding 12 months if it is satisfied that the condition is necessary to reduce your risk of committing a serious sex offence, or a serious violence offence, or both, and that the risk of you committing an offence cannot be reduced using less restrictive means of supervision.
The court may only extend an intensive treatment and supervision condition for a second or subsequent extension for a period not exceeding 12 months, if satisfied that exceptional circumstances exist.
In deciding whether to extend an intensive treatment and supervision condition, the court must consider—
• a treatment and supervision plan filed by the Secretary; and
• any other matter the court considers appropriate.
The court will decide whether or not you should continue to be subject to an intensive treatment and supervision condition.
You have the following right in relation to an application to extend an intensive treatment and supervision condition—
• the right to have the application heard and determined by the *Supreme Court/*County Court.
If the court extends your intensive treatment and supervision condition, you have the following rights—
• to appeal against the making of the intensive treatment and supervision condition;
• to appeal against the period of the intensive treatment and supervision condition;
• to seek the court's permission for it to review the conditions, including an intensive treatment and supervision condition, of the supervision order.
Form 5 amended by S.R. No. 94/2025 reg. 8.
Form 5—Notice to offender about application for an interim
supervision order
Regulation 9
Notice to offender about application for an interim supervision order
This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has applied to the *Supreme Court/*County Court to make you subject to an interim supervision order under the Serious Offenders Act 2018.
• the nature of interim supervision orders.
REASON FOR APPLICATION FOR AN INTERIM SUPERVISION ORDER
The Secretary has applied to the *Supreme Court/*County Court for an interim supervision order because—
• you have committed *a serious sex offence /*and *a serious violence offence; and
• at least one medical expert has assessed you and formed an opinion about any risk that you will commit another serious sex offence, or serious violence offence, or both, if you are released in the community and are not subject to an order; and
A copy of the following assessment *report/*reports *is/*are included with this notice—
PURPOSES OF SUPERVISION ORDER
• to provide enhanced protection to the community, by requiring offenders who have served custodial sentences for a serious sex offence, or a serious violence offence, or both, and who present an unacceptable risk of harm to the community to be subject to ongoing supervision; and
EFFECT OF SUPERVISION ORDER
A person subject to a supervision order does not live in prison or a police gaol. The person may be ordered to reside at a particular place, including in a residential facility or in a residential treatment facility.
A supervision order is not punishment for committing an offence.
If you are subject to a supervision order you must comply with the conditions set out in the order (see below) and you may also be required to comply with directions given to you by the Post Sentence Authority.
PERIOD AND DURATION OF AN INTERIM SUPERVISION ORDER
An interim supervision order starts either—
• if you are subject to an application for renewal of a supervision order, on the expiry of that previous supervision order, or on a date that the court will set.
The court will decide the duration of the order. The maximum duration of an interim supervision order is 4 months, including any extensions, unless the court making or extending the interim supervision order is satisfied that exceptional circumstances exist.
CONDITIONS OF SUPERVISION ORDER
Core conditions of order
If you are subject to an interim supervision order, then in addition to other matters, the order will specify that you must—
• if residing at a residential facility or a residential treatment facility, 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; and
• attend at any place as directed by the Post Sentence Authority for the purpose of administering the conditions of the order; and
• attend at any place directed by the Post Sentence Authority for the purpose of making assessments (including a personal examination by a medical expert) required by the court, the Secretary or the DPP; and
• notify the Post Sentence Authority of any change of employment or new employment (paid or unpaid) at least 2 clear days before the change; and
• if residing at a residential facility or a residential treatment facility, obey all reasonable instructions given by a supervision officer or a specified officer that are necessary to ensure the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility; and
• comply with directions given by the Post Sentence Authority in the exercise of its emergency powers. These powers allow the Authority to manage you differently from the way the court has ordered where it is not practicable to apply to the court for a variation of the conditions of the supervision order if there is an imminent risk of harm to you or to the community, or if the accommodation specified by the court becomes unavailable; and
• obey all reasonable instructions given by a community corrections officer or a specified officer that are necessary to ensure your safety and welfare or the safety and welfare of any other persons, your compliance with any conditions of your order, your compliance with any rehabilitation or treatment plan or your compliance with any directions given to you by the Post Sentence Authority.
Possible other conditions of an interim supervision order
If the court imposes an interim supervision order on you, then in addition to the above core conditions of the order, the court must consider whether it is appropriate to impose any of the following suggested conditions—
• treatment or rehabilitation programs or activities that you must attend and participate in;
• types of employment in which you must not engage;
• requiring you to submit 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;
• types of behaviour that you must not engage in, where that behaviour was preparatory to your prior offending or may increase your risk of committing a serious sex offence, or a serious violence offence, or both, or an offence referred to in Schedule 3 to the Serious Offenders Act 2018 or conduct that threatens the safety of other persons;
• community activities in which you must not engage;
• persons or classes of persons with whom you must not have contact;
• forms of monitoring (including electronic monitoring) of compliance with the supervision order, to which you must submit;
• personal examinations by a medical expert which you must attend for the medical expert to prepare a report for the Post Sentence Authority to assist it to make directions under the order.
• that the Post Sentence Authority is authorised to give you directions in relation to the operation of any condition of your supervision order;
• to reduce your risk of re-offending whether by committing a serious sex offence, or a serious violence offence, or both, or an offence listed in Schedule 3 to the Serious Offenders Act 2018; or
• to address behaviours that may increase your risk of re-offending including engaging in any behaviour or conduct that threatens the safety of any person, including you; or
If the court imposes an interim supervision order on you, and your risk cannot be managed while you are residing in the community, the court may impose an intensive treatment and supervision condition requiring you to reside at a residential treatment facility.
A residential treatment facility is a secure facility and you will not be able to enter and leave the facility at any time other than in accordance with the conditions of your order or the permission of the Post Sentence Authority.
The purpose of housing you in a residential treatment facility is to—
• provide intensive treatment and supervision to you to reduce your risk of re-offending and assist with transitioning you to living in the community; and
• assist you to comply with the conditions of your order in a therapeutic environment offering you intensive support and case management; and
An intensive treatment and supervision condition can be made for up to 2 years and may be extended for a period of 12 months. Further extensions of the condition may only be made in exceptional circumstances.
In the event that an intensive treatment and supervision condition is imposed on you, you will be offered intensive treatment in accordance with the attached treatment and supervision plan. The plan sets out the treatment and services that will be provided to you, why they are required to reduce your risk of committing a serious sex offence, or a serious violence offence, or both, and the proposed process for transitioning you from the residential treatment facility to a residential facility or other accommodation in the community.
If you are subject to an interim supervision order, the following core conditions of the interim supervision order are restrictive conditions—
• you must not commit a serious sex offence, or a serious violence offence, in Victoria, or elsewhere;
• if residing at a residential facility or a residential treatment facility, you must not engage in conduct that poses a risk to the good order of that facility or the safety and welfare of offenders, staff or visitors at the facility;
A contravention of a restrictive condition will result in a minimum term of imprisonment of not less than 12 months unless the court is satisfied that certain special circumstances exist.
This minimum sentence is designed to have a deterrent effect by putting you on notice that a contravention of a restrictive condition will carry particularly harsh consequences.
In addition to the above core conditions, the Secretary may apply to the court for a declaration that any of the following conditions of the interim supervision order are "restrictive conditions"—
• that you must reside at a specified place (including whether you are to reside at a residential facility or a residential treatment facility);
If you are the subject of a supervision order you must obtain the written approval of the Post Sentence Authority before applying to a registrar to change your name.
CONSEQUENCES OF CONTRAVENING AN INTERIM SUPERVISION ORDER
If you do not comply with all of the conditions of an interim supervision order, you may be charged by the Secretary or a police officer with contravening a condition of the order.
The penalty for this offence is up to 5 years imprisonment. If it is a contravention of a "restrictive condition", the court must impose a penalty of not less than 12 months imprisonment, unless a special reason exists.
If you do not comply with all of the conditions of an interim supervision order, the Post Sentence Authority may also investigate your conduct and may—
• recommend that the Secretary initiate the process to apply to have you made subject to a detention order, which would require you to live in prison; and
HEARING AND DETERMINATION OF APPLICATION FOR AN INTERIM SUPERVISION ORDER
An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence, or serious violence offence, or both, if you are released in the community and are not subject to a supervision order.
You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The court may direct either you or the Secretary, or both, to obtain any other assessment reports or reports of another kind.
The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.
You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.
• your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or
At the hearing the Secretary will argue that you should be subject to an interim supervision order and that the court should impose suggested or discretionary conditions to reduce your risk and promote your rehabilitation and treatment. You have the right to argue that you should not be subject to an interim supervision order and that the suggested conditions should not apply to you.
The court may only make you subject to an interim supervision order if it is satisfied that you 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 you are in the community.
You or the Secretary may dispute the whole or any part of an assessment report or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters and cross-examine the author of the report on the report's contents.
It is an offence for any person or body to publish or cause to be published the following matters relating to the supervision order or application, unless the court authorises publication because of exceptional circumstances—
• any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;
• the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or
If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of 600 penalty units may be imposed.
The court will decide whether or not you should be subject to an interim supervision order.
You have the following rights in relation to an application for an interim supervision order—
If the court makes you subject to an interim supervision order, you have the following rights—
Form 6 amended by S.R. No. 94/2025 reg. 8.
Form 6—Notice to offender about application to extend an interim supervision order
Regulation 10
Notice to offender about application to extend an interim supervision order
This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has applied to the *Supreme Court/*County Court to extend your interim supervision order under the Serious Offenders Act 2018.
• the nature of interim supervision orders.
REASON FOR APPLICATION TO EXTEND AN INTERIM SUPERVISION ORDER
The Secretary has applied to the *Supreme Court/*County Court for an interim supervision order because—
• you have committed a *serious sex offence /*and *a serious violence offence; and
• at least one medical expert has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released in the community and are not subject to an order; and
A copy of the following assessment *report/*reports *is/are included with this notice—
• to provide enhanced protection to the community by requiring offenders who have served custodial sentences for a serious sex offence, or a serious violence offence, or both, and who present an unacceptable risk of harm to the community to be subject to ongoing supervision; and
A person subject to a supervision order does not live in prison or a police gaol. The person may be ordered to reside at a particular place, including in a residential facility or in a residential treatment facility.
If you are subject to a supervision order you must comply with the conditions set out in the order (see below) and you may also be required to comply with directions given to you by the Post Sentence Authority.
PERIOD AND DURATION OF AN INTERIM SUPERVISION ORDER
An interim supervision order starts either—
• if you are subject to an application for renewal of a supervision order, on the expiry of that previous supervision order, or on a date that the court will set.
The court will decide the duration of the order. The maximum duration of an interim supervision order is 4 months, including any extensions, unless the court making or extending the interim supervision order is satisfied that exceptional circumstances exist.
Core conditions of order
If you are subject to an interim supervision order, then in addition to other matters, the order will specify that you must—
• if residing at a residential facility or a residential treatment facility, 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; and
• attend at any place as directed by the Post Sentence Authority for the purpose of administering the conditions of the order; and
• attend at any place directed by the Post Sentence Authority for the purpose of making assessments (including a personal examination by a medical expert) required by the court, the Secretary, or the DPP; and
• notify the Post Sentence Authority of any change of employment or new employment (paid or unpaid) at least 2 clear days before the change; and
• if residing at a residential facility or a residential treatment facility, obey all reasonable instructions given by a supervision officer or a specified officer that are necessary to ensure the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility; and
• comply with directions given by the Post Sentence Authority in the exercise of its emergency powers. These powers allow the Authority to manage you differently from the way the court has ordered where it is not practicable to apply to the court for a variation of the conditions of the supervision order if there is an imminent risk of harm to you or to the community, or if the accommodation specified by the court becomes unavailable; and
• obey all reasonable instructions given by a community corrections officer or a specified officer that are necessary to ensure your safety and welfare or the safety and welfare of any other persons, your compliance with any conditions of your order, your compliance with any rehabilitation or treatment plan or your compliance with any directions given to you by the Post Sentence Authority.
Possible other conditions of an interim supervision order
If the court imposes an interim supervision order on you, then in addition to the above core conditions of the order, the court must consider whether it is appropriate to impose any of the following suggested conditions—
• requiring you to submit 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;
• the types of behaviour that you must not engage in, where that behaviour was preparatory to your prior offending or may increase your risk of committing a serious sex offence, or a serious violence offence, or both, or an offence referred to in Schedule 3 to the Serious Offenders Act 2018 or conduct that threatens the safety of other persons;
• the forms of monitoring (including electronic monitoring) of compliance with the supervision order, to which you must submit;
• the personal examinations by a medical expert which you must attend for the medical expert to prepare a report for the Post Sentence Authority to assist it to make directions under the order.
• that the Post Sentence Authority is authorised to give you directions in relation to the operation of any condition of your supervision order;
• to reduce your risk of re-offending whether by committing a serious sex offence, or a serious violence offence, or both, or an offence listed in Schedule 3 to the Serious Offenders Act 2018; or
• to address behaviours that may increase your risk of re-offending including engaging in any behaviour or conduct that threatens the safety of any person, including you; or
If the court imposes an interim supervision order on you, and your risk cannot be managed while you are residing in the community, the court may impose an intensive treatment and supervision condition requiring you to reside at a residential treatment facility.
A residential treatment facility is a secure facility and you will not be able to enter and leave the facility at any time other than in accordance with the conditions of your order or the permission of the Post Sentence Authority.
• provide intensive treatment and supervision to you to reduce your risk of re-offending and assist with transitioning you to living in the community; and
• assist you to comply with the conditions of your order in a therapeutic environment offering you intensive support and case management; and
An intensive treatment and supervision condition can be made for up to 2 years and may be extended for a period of 12 months. Further extensions of the condition may only be made in exceptional circumstances.
In the event that an intensive treatment and supervision condition is imposed on you, you will be offered intensive treatment in accordance with the attached treatment and supervision plan. The plan sets out the treatment and services that will be provided to you, why they are required to reduce your risk of committing a serious sex offence, or a serious violence offence, or both, and the proposed process for transitioning you from the residential treatment facility to a residential facility or to other accommodation in the community.
If you are subject to an interim supervision order, the following core conditions of the interim supervision order are restrictive conditions—
• if residing at a residential facility or a residential treatment facility, you must not engage in conduct that poses a risk to the good order of that facility or the safety and welfare of offenders, staff or visitors at that facility;
A contravention of a restrictive condition will result in a minimum term of imprisonment of not less than 12 months unless the court is satisfied that certain special circumstances exist.
This minimum sentence is designed to have a deterrent effect by putting you on notice that a contravention of a restrictive condition will carry particularly harsh consequences.
In addition to the above core conditions, the Secretary may apply to the court for a declaration that any of the following conditions of the interim supervision order are "restrictive conditions"—
• that you must reside at a specified place (including whether you are to reside at a residential facility or a residential treatment facility);
If you are the subject of a supervision order you must obtain the written approval of the Post Sentence Authority before applying to a registrar to change your name.
CONSEQUENCES OF CONTRAVENING AN INTERIM SUPERVISION ORDER
If you do not comply with all of the conditions of an interim supervision order, you may be charged by the Secretary or a police officer with contravening a condition of the order.
The penalty for this offence is up to 5 years imprisonment. If it is a contravention of a "restrictive condition", the court must impose a penalty of not less than 12 months imprisonment, unless a special reason exists.
If you do not comply with all of the conditions of an interim supervision order, the Post Sentence Authority may also investigate your conduct and may—
• recommend that the Secretary initiate the process to apply to have you made subject to a detention order, which would require you to live in prison; and
HEARING AND DETERMINATION OF APPLICATION FOR A SUPERVISION ORDER
An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence, or serious violence offence, or both, if you are released in the community and are not subject to a supervision order.
You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The court may direct either you or the Secretary, or both, to obtain any other assessment reports or reports of another kind.
The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.
You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.
• your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or
• you are unable to be present. If you are unable to be present, the hearing may proceed if—
At the hearing the Secretary will argue that you should be subject to an interim supervision order and that the court should impose suggested or discretionary conditions to reduce your risk and promote your rehabilitation and treatment. You have the right to argue that you should not be subject to an interim supervision order and that the suggested or discretionary conditions should not apply to you.
The court may only make you subject to an interim supervision order if it is satisfied that you 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 you are in the community.
You or the Secretary may dispute the whole or any part of an assessment report or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters, and cross-examine the author of the report on the report's contents.
It is an offence for any person or body to publish or cause to be published the following matters relating to the supervision order or application, unless the court authorises publication because of exceptional circumstances—
• any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;
• the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or
If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of 600 penalty units may be imposed.
The court will decide whether or not you should be subject to an interim supervision order.
You have the following rights in relation to an application for an interim supervision order—
If the court makes you subject to an interim supervision order, you have the following rights—
Form 7 amended by S.R. No. 94/2025 reg. 8.
Form 7—Notice to offender about application for a detention order
Regulation 11
Notice to offender about application for a detention order
This notice has been served on you because the Director of Public Prosecutions ("the DPP") has applied to the Supreme Court to make you subject to a detention order under the Serious Offenders Act 2018.
• the nature of a detention order and a supervision order.
REASONS FOR APPLICATION FOR A DETENTION ORDER
The DPP has applied to the Supreme Court for a detention order because—
• you have committed a *serious sex offence/*serious violence offence *or both; and
• at least one medical expert has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released into the community; and
• the DPP has formed the view that an application for a detention order should be made.
A copy of the following assessment report/*s or progress report/*s *is/*are included with this notice—
PURPOSES OF A DETENTION ORDER
• to provide enhanced protection to the community, by requiring offenders who have served custodial sentences for a serious sex offence, or a serious violence offence, or both, and who pose an unacceptable risk of harm to the community to be subject to ongoing detention; and
EFFECT OF A DETENTION ORDER
PERIOD AND DURATION OF A DETENTION ORDER
The detention order will commence either—
• if the custodial sentence has already finished, on a date that the court will set.
The court will decide the duration of the order. The maximum duration of an order is 3 years, however a detention order—
• generally must be reviewed at least every year, however, if you are subject to a custodial sentence at the time of the scheduled review, you are not entitled to a review of the detention order at that time; and
• can on application for leave to the court be reviewed at any other time where there are new facts and circumstances that would justify a review or it is in the interests of justice to do so; and
• can be repeatedly renewed by the court if you continue to pose an unacceptable risk.
THE COURT MAY MAKE A SUPERVISION ORDER
If the court is not satisfied that there is an unacceptable risk of you committing another serious sex offence, or serious violence offence, or both, unless a detention order is made, the court may decide to make a supervision order.
A person subject to a supervision order does not live in prison or a police gaol. The person may be ordered to reside at a particular place, including in a residential facility or in a residential treatment facility.
If you are subject to a supervision order you must comply with the conditions set out in the order and you may also be required to comply with directions given to you by the Post Sentence Authority.
If you are the subject of a detention order you must obtain the written approval of the Post Sentence Authority before applying to a registrar to change your name.
• a copy of at least one assessment report and, if you are subject to a supervision order, a progress report and the last assessment report prepared for the supervision order; and
An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released into the community and not made subject to a detention order and the reasons for that assessment.
A progress report is prepared by a medical expert who has assessed your likelihood to commit serious sex offences or serious violence offences, or both, in the future. These reports include efforts made by you to address the causes of sexual or violent offending, or both, including your participation in rehabilitation or treatment. Progress reports also address factors that might increase or decrease any identified risks.
You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the DPP a copy as soon as practicable after you have obtained it. The court may direct either you or the DPP, or both, to obtain any other assessment reports or reports of any other kind.
The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.
You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.
• your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or
At the hearing the DPP will argue that you should be subject to a detention order. You have the right to argue that you should not be subject to a detention order.
The court may only make you subject to a detention order if it is satisfied that you pose an unacceptable risk of committing a serious sex offence, or a serious violence offence, or both, and that risk would be unacceptable unless a detention order is made.
You or the DPP may dispute the whole or any part of an assessment report or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters, and cross‑examine the author of the report on the report's contents.
It is an offence for any person or body to publish or cause to be published the following matters relating to the detention order or application, unless the court authorises publication because of exceptional circumstances—
• any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;
• the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or
If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of up to 600 penalty units may be imposed.
• a detention order; or
• a supervision order.
REVIEW OF THE DETENTION ORDER
Detention orders must be reviewed by the court at least every year, or within a shorter timeframe if ordered by the court.
The DPP or you may apply to the court that made the detention order at any time for leave to review that order.
REVIEW OF THE SUPERVISION ORDER
Supervision orders must be reviewed by the court at least every 3 years, or within a shorter timeframe if ordered by the court.
The DPP, the Secretary to the Department of Justice and Community Safety or you may apply to the court that made the supervision order at any time for leave to apply for a review of that order.
You have the following rights in relation to an application for a detention order—
• to appeal against the duration of the detention order;
While you are in prison under a detention order, and for no other reason, you have the right to be treated in a way that is appropriate to your status as an unconvicted prisoner subject to any reasonable requirements necessary to maintain—
• it is reasonably necessary for the purposes of your rehabilitation, treatment, work, education, general socialisation and other group activities; or
Form 8 amended by S.R. No. 94/2025 reg. 8.
Form 8—Notice to offender about application to renew a detention order
Regulation 12
Notice to offender about application to renew a detention order
This notice has been served on you because the Director of Public Prosecutions ("the DPP") has applied under the Serious Offenders
Act 2018 to the Supreme Court to renew your detention order.
• the nature of a detention order and a supervision order.
REASON FOR APPLICATION TO RENEW A DETENTION ORDER
The DPP has applied to the Supreme Court asking it to renew your detention order because—
• at least one medical expert has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if the order is not made and you are in the community; or
• the DPP has formed the view that they should apply for renewal of the detention order.
A copy of the following assessment report/*s or progress report/*s is/*are included with this notice—
PURPOSES OF DETENTION ORDER
• to provide enhanced protection to the community, by requiring offenders who have served a custodial sentence for a serious sex offence, or a serious violence offence, or both, to be subject to ongoing detention; and
EFFECT OF DETENTION ORDER
PERIOD AND DURATION OF DETENTION ORDER
The detention order will start on a date that the court will set.
The court will decide the duration of the order. The maximum duration of an order is 3 years, however a detention order—
• generally must be reviewed at least every year, however, if you are subject to a custodial sentence at the time of the scheduled review, you are not entitled to a review of the detention order at that time; and
• can be reviewed on application for leave to the court at any other time if there are new facts and circumstances that would justify a review or it is in the interest of justice to do so; and
• can be repeatedly renewed by the court if you continue to pose an unacceptable risk.
THE COURT MAY MAKE A SUPERVISION ORDER
If the court is not satisfied that there is an unacceptable risk unless a detention order is made, the court may make a supervision order.
EFFECT OF SUPERVISION ORDER
A person subject to a supervision order does not live in prison or a police gaol. The person may be ordered to reside at a particular place, including in a residential facility or a residential treatment facility.
If you are subject to a supervision order you must comply with the conditions set out in the order and you may also be required to comply with directions given to you by the Post Sentence Authority.
If you are the subject of a detention order you must obtain the written approval of the Post Sentence Authority before applying to a registrar to change your name.
HEARING AND DETERMINATION OF APPLICATION TO RENEW A DETENTION ORDER
• a copy of any assessment report or progress report that accompanied the application; and
An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released into the community and not made subject to a detention order and the reasons for that assessment.
A progress report is prepared by a medical expert who has assessed your likelihood to commit another serious sex offence or serious violence offence, or both, in the future. These reports include efforts made by you to address the causes of sexual or violent offending including your participation in rehabilitation or treatment. Progress reports also address factors that might increase or decrease any identified risks.
You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the DPP a copy as soon as practicable after you have obtained it. The court may direct either you or the DPP, or both, to obtain any other assessment reports or reports of any other kind.
The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.
You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.
HEARING FOR RENEWAL OF DETENTION ORDER
• your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or
• you are unable to be present. If you are unable to be present, the hearing may proceed if—
At the hearing the DPP will argue that you should continue to be subject to a detention order. You have the right to argue that you should not be subject to a detention order.
The court may only make you subject to a detention order if it is satisfied that you pose an unacceptable risk of committing a serious sex offence, or a serious violence offence, or both, and the risk would be unacceptable unless a detention order is made.
You or the DPP may dispute the whole or any part of the assessment report or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters and cross‑examine the author of the report on the report's contents.
It is an offence for any person or body to publish or cause to be published the following matters relating to the detention order or application, unless the court authorises publication because of exceptional circumstances—
• any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;
• the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or
If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of up to 600 penalty units may be imposed.
• a new detention order; or
• a supervision order.
REVIEW OF A DETENTION ORDER
Detention orders must be reviewed by the court at least every year, or within a shorter timeframe if ordered by the court.
The DPP or you may apply to the court that made the detention order at any time for leave to review that order.
Supervision orders must be reviewed by the court at least every 3 years, or within a shorter timeframe if ordered by the court.
The DPP, the Secretary to the Department of Justice and Community Safety or you may apply to the court that made the supervision order at any time for leave to apply for a review of that order.
You have the following rights in relation to an application for a renewal of a detention order—
• to appeal against the period of the order;
• to appeal against the conditions (other than the core conditions) of the supervision order;
While you are in prison under a detention order, and for no other reason, you have the right to be treated in a way that is appropriate to your status as an unconvicted prisoner subject to any reasonable requirements necessary to maintain—
• it is reasonably necessary for the purposes of your rehabilitation, treatment, work, education, general socialisation and other group activities; or
Form 9—Notice to offender about application for an interim detention order
Regulation 13
Notice to offender about application for an interim detention order
This notice has been served on you because the Director of Public Prosecutions ("the DPP") has applied to the Supreme Court to make you subject to an interim detention order under the Serious Offenders Act 2018.
• the nature of interim detention orders.
INTERIM DETENTION ORDERS
Interim detention orders are orders that may be made by the Supreme Court in certain circumstances if—
• the Court is satisfied that the DPP has applied for a detention order or renewal of a detention order and that application has not been determined; and
• it appears to the Court that the documentation supporting the application for the detention order would, if proved, justify the making of a detention order; and
• the Court is satisfied that it is in the public interest to make the interim detention order.
REASON FOR APPLICATION FOR AN INTERIM DETENTION ORDER
The DPP has applied to the Supreme Court for an interim detention order because—
• *you are currently the subject of an application for a detention order and either you are no longer serving a custodial sentence, or will no longer be serving a custodial sentence when the application is determined; or
• *you are currently the subject of an application for renewal of a detention order and the detention order to which you are currently subject will have expired before the application can be determined.
EFFECT OF INTERIM DETENTION ORDER
A person subject to an interim detention order will—
• not live in the community, but in prison; and
PERIOD AND DURATION OF INTERIM DETENTION ORDER
An interim detention order starts either—
• if a person is remanded in custody, on the day on which the person is released from custody; or
• immediately on the expiry of an existing detention order; or
• if the previous detention order has already expired, on a date that the court will set.
The court will decide the duration of the interim detention order.
The maximum duration of an interim detention order is 4 months, unless the court considers that exceptional circumstances exist which require a longer period.
The DPP may apply to extend the interim detention order if the application for a detention order or renewed detention order has not been heard before the interim detention order lapses.
If the interim detention order is made by the Court of Appeal after deciding that the Trial Division of the Supreme Court should have made, or not revoked, a detention order, it applies until the application for a detention order is finally re-heard and determined by the appropriate court.
HEARING AND DETERMINATION OF APPLICATION FOR AN INTERIM DETENTION ORDER
–the nature of interim detention orders.
Timing of the hearing and legal representation
Unless the court is satisfied that exceptional circumstances exist, the court will not start hearing the application until the court is satisfied that you have had a reasonable opportunity to obtain legal representation.
• your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or
• you are unable to be present. If you are unable to be present the hearing may proceed if—
At the hearing the DPP will argue that you should be subject to an interim detention order. You have the right to argue that you should not be subject to an interim detention order.
*The court may make you subject to an interim detention order if it is satisfied that—
• the DPP has applied for a detention order, or renewal of a detention order; and
• you are no longer serving a custodial sentence or will no longer be serving a custodial sentence when the application is determined; and
• in the case of an application by the DPP for renewal of a detention order, the detention order has expired or will have expired before the application can be determined; and
• it appears to the Court that the documentation supporting the application for the detention order would, if proven, justify the making or renewal of a detention order; and
• it is in the public interest to make the order having regard to the need to adequately protect the community and the reasons why the application for the detention order or renewal of the detention order will not be determined either before the expiry of your custodial sentence or before the expiry of your detention order; and
• it is in the public interest to make the order having regard to any other matters that the Court considers appropriate.
It is an offence for any person or body to publish or cause to be published the following matters relating to the interim detention order or application, unless the court authorises publication because of exceptional circumstances—
• any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;
• the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or
If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of up to 600 penalty units may be imposed.
• an interim detention order; or
• an interim supervision order.
You have the following rights in relation to an application for an interim detention order—
• to have a reasonable opportunity to obtain legal representation.
*If the Supreme Court makes an interim detention order, you have the following rights—
• to appeal to the Court of Appeal against the making of the interim detention order;
• to appeal to the Court of Appeal against the period of the interim detention order.
*If the Supreme Court makes an interim supervision order, you have the following rights—
• to appeal to the Court of Appeal against a decision to make the interim supervision order;
• to appeal to the Court of Appeal against the period of the interim supervision order;
• to appeal to the Court of Appeal against the conditions (other than the core conditions) of the interim supervision order.
Form 10—Notice to offender about application to extend an interim
detention order
Regulation 14
Notice to offender about application to extend an interim detention order
This notice has been served on you because the Director of Public Prosecutions ("the DPP") has applied to the Supreme Court to extend your interim detention order under the Serious Offenders Act 2018.
• the nature of a detention order.
REASONS FOR APPLICATION FOR AN INTERIM DETENTION ORDER
The DPP has applied to the Supreme Court for an extension of your interim detention order because—
• at least one medical expert has assessed you and formed an opinion about any risk that you will commit another serious sex offence, or serious violence offence, or both, if you are released into the community; and
• the DPP has formed the view that an application for an extension of your detention order should be made.
A copy of the following assessment report/*s or progress report/*s is/*are included with this notice—
PURPOSES OF DETENTION ORDER
• to provide enhanced protection to the community, by requiring offenders who have served custodial sentences for a serious sex offence, or a serious violence offence, or both, and who pose an unacceptable risk of harm to the community to be subject to ongoing detention; and
EFFECT OF DETENTION ORDER
PERIOD AND DURATION OF AN INTERIM DETENTION ORDER
The extended interim detention order will commence on the expiry of your current interim detention order or on a date that the court will set.
The court will decide the duration of the order. The maximum duration of an interim detention order is 4 months, unless the court is satisfied that exceptional circumstances exist.
• a copy of at least one assessment report and, if you are subject to a supervision order, a progress report and the last assessment report prepared for the supervision order; and
An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released into the community and not made subject to a detention order and the reasons for that assessment.
A progress report is prepared by a medical expert who has assessed your likelihood to commit serious sex offences or serious violence offences, or both, in the future. These reports include efforts made by you to address the causes of sexual or violent offending, or both, including your participation in rehabilitation or treatment. Progress reports also address factors that might increase or decrease any identified risks.
You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the DPP a copy as soon as practicable after you have obtained it. The court may direct either you or the DPP, or both, to obtain any other assessment reports or reports of any other kind.
The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.
You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.
• your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or
At the hearing the DPP will argue that you should be subject to a detention order. You have the right to argue that you should not be subject to a detention order.
The court may only make you subject to a detention order if it is satisfied that you pose an unacceptable risk of committing a serious sex offence, or a serious violence offence, or both, and that risk would be unacceptable unless a detention order were made.
You or the DPP may dispute the whole or any part of an assessment report or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters, and cross-examine the author of the report on the report's contents.
It is an offence for any person or body to publish or cause to be published the following matters relating to the detention order or application, unless the court authorises publication because of exceptional circumstances—
• any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;
• the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or
If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of up to 600 penalty units may be imposed.
The court may decide to—
• extend the interim detention order; or
• revoke the order; or
• make no order at all.
You have the following rights in relation to an application for an extension of your interim detention order—
• to appeal against the duration of the detention order.
While you are in prison under a detention order, and for no other reason, you have the right to be treated in a way that is appropriate to your status as an unconvicted prisoner subject to any reasonable requirements necessary to maintain—
• it is reasonably necessary for the purposes of your rehabilitation, treatment, work, education, general socialisation and other group activities; or
Form 11 amended by S.R. No. 94/2025 reg. 8.
Form 11—Notice to offender about application for an emergency
detention order
Regulation 15
Notice to offender about application for an emergency detention order
This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has applied to the Supreme Court for an emergency detention order under the Serious Offenders Act 2018.
• the nature of an emergency detention order.
REASONS FOR APPLICATION FOR AN EMERGENCY DETENTION ORDER
The Secretary has applied to the Supreme Court for an emergency detention order because—
• you pose an imminent risk of committing a serious sex offence, or a serious violence offence, or both, if an emergency detention order is not made because of your altered circumstances; and
• there are no practicable and available means other than an emergency detention order to ensure that you do not pose an imminent risk of committing a serious sex offence, or a serious violence offence, or both.
A copy of the following assessment report/s or progress reports is/*are included with this notice—
PURPOSES OF AN EMERGENCY DETENTION ORDER
The purposes of an emergency detention order are—
• to provide enhanced protection to the community, by requiring offenders who have served custodial sentences for a serious sex offence or serious violence offence, or both, and who pose an unacceptable risk of harm to the community to be subject to detention; and
EFFECT OF AN EMERGENCY DETENTION ORDER
A person subject to an emergency detention order will—
• be transferred to and detained in prison for the duration of the order; and
PERIOD AND DURATION OF AN EMERGENCY DETENTION ORDER
The emergency detention order will commence on the making of the order or on a day set by the court.
The court will decide the duration of the order. The maximum duration of an emergency detention order is 168 hours (7 days).
• a copy of any documents filed in support of the application, including any assessment report or the latest progress report prepared in relation to your supervision order; and
An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released into the community and not made subject to a detention order and the reasons for that assessment.
A progress report is prepared by a medical expert who has assessed your likelihood to commit serious sex offences or serious violence offences, or both, in the future. These reports include efforts made by you to address the causes of sexual or violent offending, or both, including your participation in rehabilitation or treatment. Progress reports also address factors that might increase or decrease any identified risks.
You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the Secretary a copy as soon as practicable after you have obtained it. The court may direct either you or the Secretary, or both, to obtain any other assessment reports or reports of any other kind.
The court may begin to hear an application for an emergency detention order as soon as practicable if the court is satisfied it is in the interests of justice to do so and you have had a reasonable opportunity to obtain an independent report of any kind and legal representation.
You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.
• your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or
At the hearing the Secretary will argue that you should be subject to an emergency detention order. You have the right to argue that you should not be subject to an emergency detention order.
The court may only make you subject to an emergency detention order if it is satisfied that you pose an imminent risk, because of your altered circumstances of committing a serious sex offence, or a serious violence offence, or both, if an emergency detention order is not made.
In determining whether or not to make an emergency detention order, the court must take into account—
You or the Secretary may dispute the whole or any part of an assessment report or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters.
It is an offence for any person or body to publish or cause to be published the following matters relating to the detention order or application, unless the court authorises publication because of exceptional circumstances—
• any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;
• the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or
If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of up to 600 penalty units may be imposed.
The court will decide whether or not you should be subject to an emergency detention order.
You have the following rights in relation to an application for an emergency detention order—
If the court makes you subject to an emergency detention order, you have the following rights—
• to appeal against the making of the emergency detention order;
• to appeal against the duration of the emergency detention order.
While you are in prison under an emergency detention order, and for no other reason, you have the right to be treated in a way that is appropriate to your status as an unconvicted prisoner subject to any reasonable requirements necessary to maintain—
• it is reasonably necessary for the purposes of your rehabilitation, treatment, work, education, general socialisation and other group activities; or
Form 12 amended by S.R. No. 94/2025 reg. 8.
Form 12—Notice to offender about emergency detention order
Regulation 16
Notice to offender about emergency detention order
This notice has been served on you because the Secretary to the Department of Justice and Community Safety ("the Secretary") has obtained an order from the Supreme Court to subject you to an emergency detention order under the Serious Offenders Act 2018.
This notice will be accompanied by the following—
• a copy of the order;
• a copy of the Supreme Court's reasons for making the order;
• information about your rights of appeal or review.
EFFECT OF AN EMERGENCY DETENTION ORDER
A person subject to an emergency detention order will—
• be transferred to and detained in prison for the duration of the order; and
PERIOD AND DURATION OF AN EMERGENCY DETENTION ORDER
The emergency detention order will commence on [insert date]/ commenced on [insert date].
The duration of the order is [insert number of days and hours].
You have the following rights in relation to the emergency detention order—
• to appeal against the making of the emergency detention order;
• to appeal against the period of the order.
While you are in prison under a detention order, and for no other reason, you have the right to be treated in a way that is appropriate to your status as an unconvicted prisoner subject to any reasonable requirements necessary to maintain—
• it is reasonably necessary for the purposes of your rehabilitation, treatment, work, education, general socialisation and other group activities; or
Form 13 amended by S.R. No. 94/2025 reg. 8.
Form 13—Notice to offender about application to review order or conditions
Regulation 17
Notice to offender about application to review order or conditions
This notice has been served on you because you are subject to a *supervision/
*detention order made by the *Supreme Court/*County Court under the Serious Offenders Act 2018 and an application has been made to the court for it to review—
*the order to determine whether it should—
• remain in operation; or
*• be revoked and replaced with a supervision order with different conditions or a detention order; or
*• (in the case of a detention order) be revoked and replaced with a supervision order; or
• be revoked and not replaced with any order; *or
*the conditions on your order, other than the core conditions.
• your rights in relation to the application; and
• the procedure for hearing and determining the application.
REASONS FOR APPLICATION FOR REVIEW OF ORDER AND CONDITIONS
*Periodic review of Supervision Order
The Secretary to the Department of Justice and Community Safety ("the Secretary") must apply to the court for review of a supervision order—
• at least every 3 years after the order was made or last reviewed; or
• by any earlier review date specified in the order.
*Periodic review of detention order
The Director of Public Prosecutions ("the DPP") must apply to the court for a review of a detention order—
• at least annually after the order was made or last reviewed; or
• by any earlier review date specified in the order.
*Review of conditions
The Secretary has applied to the *County Court/*Supreme Court for a review of the conditions of your order, other than the core conditions, because—
• there are new facts or circumstances which would justify a review of the conditions of the order, other than the core conditions; or
• 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 conditions of the order, other than the core conditions.
*Periodic review of intensive treatment and supervision condition
The Secretary must apply to the *County Court/*Supreme Court for a review of an intensive treatment and supervision condition imposed on your supervision order at 12 monthly intervals from the date the condition was imposed.
The court is reviewing the order and conditions because—
• *the Secretary/*DPP has applied for a periodic review.
• *the Secretary/*DPP has applied for a review other than a periodic review.
HEARING AND DETERMINATION OF APPLICATION FOR REVIEW OF ORDER AND CONDITIONS
If the *Secretary/*DPP is applying for the review, the *Secretary/*DPP must give you—
• a copy of the application for review; and
• a copy of a progress report that accompanied the application for review; and
• *a copy of any treatment and supervision plan that accompanied the application for review; and
A progress report is prepared by a medical expert who has assessed your current level of risk of committing a serious sex offence, or a serious violence offence, or both, if you are released into the community and are not subject to a *supervision/*detention order.
You have the right to a reasonable opportunity to obtain an independent report of any kind. The court may adjourn the hearing to give you the opportunity to obtain an independent report. If you obtain an independent report and you intend to rely on it at the hearing, you must file a copy with the court and give the *Secretary/*DPP a copy as soon as practicable after you have obtained it. The court may direct any of the parties to obtain any other assessment reports or reports of another kind.
The court will not start hearing the application until at least 25 working days after the application has been made unless the court is satisfied that a shorter period is required in the interests of justice.
You have the right to a reasonable opportunity to obtain legal representation. The court may adjourn the hearing to give you the opportunity to obtain legal representation.
• your actions at the hearing make this impracticable. If this happens the court can order that you be removed and may continue to hear the application in your absence; or
At the hearing the *Secretary/*DPP will argue that—
• you should be subject to a *supervision/*detention order. You have the right to argue that you should not be subject to a *supervision/ *detention order; or
• *the court should change the conditions on your supervision order; or
• *the court should continue the intensive treatment and supervision condition on your supervision order.
The court must consider the following—
• a progress report about you;
• any other report made, or evidence given, by a medical expert;
• any report made by the Post Sentence Authority;
• any report made by *the Secretary/*the DPP;
• any submissions made by the parties to the review.
The court may consider—
• any previous assessment report or progress report or reports filed with the court; and
• anything else that the court considers appropriate.
The court must revoke the *supervision/*detention order unless it is satisfied that you still pose an unacceptable risk of committing a relevant offence if a *supervision/*detention order is not in effect and you are in the community.
You or the *Secretary/*DPP may dispute the whole or any part of a progress report or other report by filing with the court a notice of intention to dispute. If the notice is filed before the application is determined, the court cannot take the disputed information in any of these reports into consideration unless you have had the opportunity to lead evidence on the disputed matters, and cross-examine the author of the report on the report's contents.
It is an offence for any person or body to publish or cause to be published the following matters relating to the supervision order or application, unless the court authorises publication because of exceptional circumstances—
• any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;
• the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or
If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of up to 600 penalty units may be imposed.
The court will decide—
• *whether or not you should continue to be subject to a supervision order. The court may also change the period and the conditions (other than the core conditions) of that order. The court, on the application of the Secretary, may also declare certain conditions of that order to be restrictive conditions.
• *whether you should continue to be subject to a detention order, or become subject to a supervision order or be subject to no order.
• *whether the conditions of your order should be confirmed, varied, removed or new conditions added, or declare certain conditions of the order to be restrictive conditions.
• *whether you should continue to be subject to the intensive treatment and supervision condition.
You have the following rights—
• to have the application for the review of your *supervision/*detention order heard and determined by the *Supreme Court/*County Court;
• to be given a reasonable opportunity to obtain legal representation;
*If the court decides not to revoke the supervision order and you are not taken into custody for any other reason, you have the following rights—
• to appeal to the Court of Appeal against a decision by the court reviewing the supervision order not to revoke the supervision order;
• to appeal to the Court of Appeal against a decision by the court reviewing the supervision order to impose conditions (other than core conditions) on the order;
• to appeal to the Court of Appeal against a decision by the court reviewing the supervision order to declare a condition to be a restrictive condition;
• to appeal to the Court of Appeal against a decision by the court reviewing the supervision order to impose a particular period on the order;
*If the court decides not to revoke the detention order and you are not taken into custody for any other reason, you have the following rights—
• to appeal to the Court of Appeal against the decision not to revoke the detention order;
*If the court decides to confirm, vary, or add new conditions to your supervision order, or declare certain conditions of your supervision order to be restrictive conditions, you have the following rights−
• to appeal to the Court of Appeal against the decision to impose conditions on your order;
• to appeal to the Court of Appeal against a decision to declare certain conditions a restrictive condition.
Form 14 amended by S.R. No. 94/2025 reg. 8.
Form 14—Notice about offender's rights of appeal relating to an order
Regulation 18
Notice about offender's rights of appeal relating to an order
PART 9—SERIOUS OFFENDERS ACT 2018
This notice has been served on you because the *Secretary to the Department of Justice and Community Safety ("the Secretary")/*Director of the Public Prosecutions ("the DPP") is making an appeal to the Court of Appeal from a decision of the *Trial Division of the Supreme Court/*County Court concerning a *supervision/*detention order under the Serious Offenders Act 2018 that involves you as the offender.
The filing of this notice does not operate as a stay of the decision being appealed unless the court that made the decision or the Court of Appeal has expressly ordered otherwise. This notice provides information about the procedure for hearing and determining the appeal and your rights in relation to the appeal.
*APPEAL FROM DECISION CONCERNING A SUPERVISION ORDER
The Secretary has applied to the Court of Appeal concerning the following *decision/*decisions made by the *Trial Division of the Supreme Court/*County Court about the supervision order—
• *The decision not to make you subject to a *supervision order/*interim supervision order. The Secretary is appealing this decision.
• *The decision to make you subject to a *supervision order/*interim supervision order with certain conditions. The Secretary is appealing the conditions imposed by the Court.
• *The decision not to declare a condition on a *supervision order/*interim supervision order to be a restrictive condition. The Secretary is appealing this decision.
• *The decision to declare a condition on a *supervision order/*interim supervision order to be a restrictive condition. The Secretary is appealing this decision.
• *The decision to make you subject to a *supervision order/*interim supervision order of a particular period. The Secretary is appealing the period of the supervision order.
• *The decision not to *renew your supervision order/*extend your interim supervision order. The Secretary is appealing this decision.
• *The decision to revoke your *supervision order/interim supervision order. The Secretary is appealing this decision.
• *The decision not to extend an intensive treatment and supervision condition on your supervision order. The Secretary is appealing this decision.
• *The decision not to cancel or suspend your firearms authority. The Secretary is appealing this decision.
• *The decision not to revoke or suspend a weapons approval held by an offender or the application of a weapons exemption to an offender. The Secretary is appealing this decision.
***APPEAL FROM DECISION CONCERNING A DETENTION ORDER/INTERIM DETENTION ORDER
The DPP has applied to the Court of Appeal concerning the following *decision/*decisions made by the Trial Division of the Supreme Court about the detention order—
• *The decision not to make you subject to a *detention order/*interim detention order. The DPP is appealing this decision.
• *The decision not to renew a detention order. The DPP is appealing this decision.
• *The decision to not extend an interim detention order. The DPP is appealing this decision.
• *The decision to revoke a detention order on a review and to replace it with no other order. The DPP is appealing this decision.
• *The decision to revoke your detention order and replace it with a supervision order. The DPP is appealing this decision.
• *The decision to specify a particular period for the operation of your *detention order/interim detention order. The DPP is appealing this decision.
*APPEAL FROM DECISION CONCERNING AN EMERGENCY DETENTION ORDER
The Secretary has applied to the Court of Appeal concerning the following *decision/*decisions made by the *Trial Division of the Supreme Court about the emergency detention order—
• *the decision not to make you subject to an emergency detention order. The Secretary is appealing this decision.
• *the decision to specify a particular period of operation of your emergency detention order. The DPP is appealing this decision.
HEARING AND DETERMINATION OF THE APPEAL
Before the appeal
The Secretary must provide you with—
• a copy of the notice of appeal; and
–your rights in relation to the appeal; and
–the procedure for hearing and determining the appeal.
THE APPEAL
In hearing the appeal the Court of Appeal may—
• consider new evidence that is relevant to the application; or
• require the *Secretary/*DPP to provide a new assessment report or progress report about you.
An assessment report is prepared by a medical expert who has assessed you and formed an opinion about any risk that you will commit another serious sex offence or serious violence offence, or both, if you are released in the community and are not subject to a supervision order.
A progress report is prepared by a medical expert who has assessed your likelihood to commit another serious sex offence or serious violence offence, or both, in the future. These reports include efforts made by you to address the causes of sexual offending including your participation in rehabilitation or treatment. Progress reports also address factors that might increase or decrease any identified risks.
The Court of Appeal has the power to achieve the following outcomes on appeal—
• it can confirm the decision made by the court;
• *it can revoke the supervision order, renewed supervision order, interim supervision order, or any condition or variation to an order;
• *it can revoke the detention order or renew the detention order or interim detention order;
• *it can revoke the extended interim supervision order or interim detention order;
• *it can revoke the imposition of an intensive treatment and supervision condition or the extension of an intensive treatment and supervision order;
• *it can revoke a decision to cancel or suspend a firearms authority, or revoke or suspend a weapons approval or the application of a weapons exemption;
• *it can revoke the emergency detention order;
• *if the decision was to specify a particular period of operation of an order, vary the period of operation of the order;
• *if the Court of Appeal considers that a supervision order should have been made or renewed, it can set aside the decision of the court and require that court to hear the matter again. The Court of Appeal may give the court directions about the decision it must make. If the Court of Appeal does not give the court directions, the court may make any of the decisions that it was able to make at the first hearing;
• *if the Court of Appeal considers that the court should not have revoked the original supervision order and replaced it with no order, it may set aside the decision to revoke the supervision order and revive the supervision order. This means that you will be subject to a supervision order;
• *make an interim supervision order pending re-hearing of an application by the appropriate court. An interim supervision order can have all of the conditions of a final supervision order, and applies until the application is finally re-heard and then determined by the appropriate court;
• *if the Court of Appeal considers that a detention order should have been made or renewed it can set aside the decision of the court and require the court to hear the matter again. The Court of Appeal may give the court directions about the decision it must make. If the Court of Appeal does not give the court directions, the court may make any of the decisions that it was able to make at the first hearing;
• *if the Court of Appeal considers that the court should not have revoked a detention order and replaced it with a supervision order or no order, it may set aside the decision to revoke the detention order, and if the case requires, revoke the supervision order and revive the detention order. This means that you would remain subject to a detention order and will continue to reside in prison;
• *the Court of Appeal may make an interim detention order pending re-hearing of an application by the appropriate court. An interim detention order will apply until the application is finally re-heard and determined by the appropriate court;
• make any other order that the Court of Appeal considers appropriate.
It is an offence for any person or body to publish or cause to be published the following matters relating to the supervision order or appeal, unless the court authorises publication because of exceptional circumstances—
• any report of documents put before the court;
• any other information that is submitted to the court that might enable any person, other than you, who has appeared or given evidence to be identified;
• the court chooses to prohibit the publication of these matters if it considers that it would be in the public interest to do so; or
If a person contravenes an order restricting publication, or the suppression provisions of Division 1 of Part 19 of the Serious Offenders Act 2018, a penalty of up to 120 penalty units or imprisonment for 1 year, or both, may be imposed, or in the case of a body corporate, a penalty of up to 600 penalty units may be imposed.
Form 15—Notice to be given about offender's rights and responsibilities when holding power exercised
Regulation 19
Notice to be given about offender's rights and responsibilities when holding power exercised
This notice has been served on you because a member of Victoria Police has exercised a holding power under the Serious Offenders Act 2018.
This notice provides information about your rights and responsibilities while you are being held.
REASON FOR POLICE EXERCISING HOLDING POWER
A member of Victoria Police has apprehended and detained you because there are reasonable grounds to suspect that there is an imminent risk that you will contravene a condition of your supervision order or interim supervision order.
A member of Victoria Police may use the force reasonably necessary to apprehend and detain you.
DETENTION IS NOT ARREST
If a member of Victoria Police reasonably suspects that you have contravened one or more of the conditions of a supervision order, you may be arrested. An arrest for a suspected contravention is different from detention on suspicion that there is an imminent risk that you will contravene a condition of a supervision order. This notice concerns instances where the police suspect an imminent risk of a contravention.
EFFECT OF HOLDING POWER
You may be detained at a police station or in a police gaol, only if the police officer considers it necessary to do so for the protection of any person or property or to prevent you from escaping from detention.
A member of Victoria Police may search you and any vehicle, package or thing in your possession if the member suspects, on reasonable grounds, that you have in your possession any object that may cause injury or damage or be used to escape from detention.
The maximum period that you may be detained is 72 hours after the detention begins.
While you are being held, Victoria Police must not interview or question you in relation to any offence or alleged offence or in relation to any contravention or alleged contravention of a condition of a supervision order or interim supervision order.
You have the following rights in relation to your apprehension and detention—
• you may communicate or attempt to communicate with a friend or relative to inform them of your whereabouts;
• you may communicate or attempt to communicate with a legal practitioner.
If you wish to communicate with a friend, relative or legal practitioner, a member of Victoria Police must—
• provide you reasonable facilities as soon as practicable to enable you to do so; and
• allow your legal practitioner or their clerk to communicate with you in private (as far as is practicable) so that the communication will not be overheard.
If you do not have sufficient knowledge of the English language to enable you to understand why you are being detained, a member of Victoria Police must arrange for you to have access to a competent interpreter.
Form 16—Retrieval notice for things seized
Regulation 22
Retrieval notice for things seized
TO: [insert name of serious offender or owner of seized thing(s)]
OF: [insert address of serious offender or owner of seized thing(s)]
In accordance with section 243 of the Serious Offenders Act 2018, I am notifying you that the ***Commissioner/*Chief Commissioner of Police is no longer authorised to retain the following things which were seized at [insert location of seizure] on [insert date of seizure]—
[insert details of each seized thing that can be retrieved]
Retrieving your things
You are now able to retrieve the thing(s) referred to above. If you wish to retrieve the thing(s), you may attend at [insert address of the location from which the seized thing(s) can be retrieved] between the hours of [insert opening hours of location].
You should bring this retrieval notice and photo identification with you to retrieve your seized thing(s).
What will happen if you do not retrieve your seized things
If you do not retrieve the thing(s) referred to above by [insert date that is at least 3 months from the date of this retrieval notice], the thing(s) will be dealt with in accordance with section 243(4) or (5) of the Serious Offenders Act 2018.
If this retrieval notice is issued by or on behalf of the Chief Commissioner of Police, the seized thing(s) will be dealt with as if the thing(s) were unclaimed property and may be disposed of by an authorised person in accordance with Division 3 of Part 4 of the Victoria Police Act 2013. Disposal may be by sale by public auction, destruction, or any other means approved by the Minister for Police.
If this retrieval notice is issued by or on behalf of the Commissioner, the seized thing(s) will be forfeited to the Crown and the Minister for Corrections may direct that the thing(s) be disposed of in any manner that the Minister for Corrections thinks fit, including by destruction.
NAME: [insert name of person issuing this retrieval notice]
TITLE: [insert title of person issuing this retrieval notice]
DATE: [insert date of this retrieval notice]
Form 17—Notice to produce documents or things to, or attend at, the
Post Sentence Authority
Regulation 24
Notice to produce documents or things to, or attend at, the Post Sentence Authority
TO: [insert name of person on whom notice is served]
OF: [insert address]
This notice is made in accordance with section 303 and served under section 306 of the Serious Offenders Act 2018.
What you must do
You must:
• produce to the Post Sentence Authority the document, thing or documents and things specified below, by the date and time specified in this notice;
• attend a meeting of the Post Sentence Authority at a specified time and place to produce a specified document or other thing;
• attend a meeting of the Post Sentence Authority at a specified time and place, and from then on from day to day until excused, to give evidence;
• attend a meeting of the Post Sentence Authority at a specified time and place, and from then on from day to day until excused to give evidence and to produce a specified document or other thing.
*Where and when you must produce documents or things
*[insert details of where, the date and time and how a person must produce the document, thing or documents and things]
*Where and when you must attend to give evidence and to produce documents and things
*[insert details of where and when (including date and time) a person must attend, and (if applicable) insert details of where, when and how a person must produce the document, thing or documents and things]
*What you must produce to the Post Sentence Authority
[insert list or insert description of documents or things to be produced]
*Note:
You must bring this notice with you when you attend at the Post Sentence Authority at the time and place specified in this notice:
Objecting to this notice
You may object to this notice under section 304 of the Serious Offenders Act 2018 if you have (or will have) a reasonable excuse for failing to comply with this notice. For example, without limiting what may be a reasonable excuse, it is a reasonable excuse to fail to comply with this notice if the information—
• might tend to incriminate you or make you liable to a penalty; or
• is the subject of parliamentary privilege; or
• is the subject of legal professional privilege or client legal privilege; or
• is the subject of public interest immunity; or
• is prohibited from disclosure by a court order; or
• is prohibited from disclosure by a provision of another Act that specifically applies to the giving of information or the production of documents or other things to the Post Sentence Authority.
You may also object to this notice by claiming that the document, thing or documents and things specified in this notice are not relevant to the subject matter of the meeting of the Post Sentence Authority.
If you wish to object to this notice, you must do so in writing to [insert name and contact details] by [insert date]. Your written objection must outline your reasons for objecting to the notice and attach any relevant evidence or documents in support of your claim. If the Post Sentence Authority is satisfied that your excuse for failure to comply is reasonable, the Post Sentence Authority may vary or revoke this notice under section 305 of the Serious Offenders Act 2018.
Failure or refusal to comply with this notice without reasonable excuse may constitute an offence. The maximum penalty for this offence is 30 penalty units or imprisonment for 3 months (see section 312 of the Serious Offenders Act 2018).
Name: [insert name of person serving this notice]
Title: [insert title of person serving notice]
Date: [insert date]
Form 18—Direction in relation to a notice
to attend issued to person in custody
Regulation 26
Direction in relation to a notice to attend issued to person in custody
TO: [insert name and title of person in charge of the place where person is held in custody e.g. the Governor of the prison or the officer in charge of the police gaol]
AT: [insert name and address of place where person is held in custody]
In accordance with section 310 of the Serious Offenders Act 2018, I direct that [name of person held in custody] who is detained at [insert name of place where person is held in custody]—
• *be brought to a place equipped with facilities to enable the person to appear before the Post Sentence Authority by audio visual link.
• *be brought before the Post Sentence Authority.
LOCATION: [insert specified place to which person held in custody is to be brought]
DATE: [insert date on which person held in custody is to be brought to the specified place] *and from day to day until excused from further attendance.
TIME: [insert time when person held in custody is to be brought to the specified place]
for the purpose of [insert purpose e.g. to produce a document, thing or documents and things or to give evidence in relation to a matter before the Post Sentence Authority]
and the person is to be returned to the place from which they were removed or to a police gaol *each day by the direction of the Post Sentence Authority.
Name: [insert name of person giving direction]
Title: [insert position of person giving direction]
Date: [insert date the direction is made]
***Delete if inapplicable
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Serious Offenders Regulations 2018, S.R. No. 115/2018 were made on 28 August 2018 by the Governor in Council under section 349 of, and clause 25 of Schedule 4 to, the Serious Offenders Act 2018, No. 27/2018 and came into operation on 3 September 2018: regulation 3.
The Serious Offenders Regulations 2018 will sunset 10 years after the day of making on 28 August 2028 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Serious Offenders Regulations 2018 by statutory rules, subordinate instruments and Acts.
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.