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Serious Sex Offenders Act 2013
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NORTHERN TERRITORY OF AUSTRALIA
SERIOUS SEX OFFENDERS ACT 2013
As in force at 25 May 2024
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Objects of Act .................................................................................. 1
4 Definitions ........................................................................................ 1
5 Application of Criminal Code ........................................................... 4
Part 2 Continuing detention orders and
supervision orders – general matters
Division 1 Serious danger to the community
6 Serious danger to the community .................................................... 4
7 Standard and onus of proof ............................................................. 5
Division 2 Continuing detention orders
8 Nature of continuing detention order ............................................... 5
9 Considerations when making, confirming or revoking
continuing detention order ............................................................... 6
10 Duration of continuing detention order............................................. 6
11 Expiry date for interim continuing detention order ........................... 7
12 Detainee cannot be granted bail or parole ....................................... 7
Division 3 Supervision orders
Subdivision 1 Nature and consideration when making
13 Nature of supervision order ............................................................. 7
14 Considerations when making, amending or revoking
supervision order ............................................................................. 8
15 Further considerations if person is reportable offender ................... 9
16 Duration of supervision order........................................................... 9
17 Expiry date for final supervision order ........................................... 10
Subdivision 2 Requirements and directions
18 Compulsory requirements.............................................................. 10
19 Optional requirements ................................................................... 11
20 Directions by probation and parole officers ................................... 11
Serious Sex Offenders Act 2013 ii
21 Considerations when giving directions .......................................... 12
Part 3 Making continuing detention orders or
supervision orders
22 Meaning of qualifying offender....................................................... 13
23 Application for continuing detention order or supervision order ..... 15
24 Setting date for preliminary hearing ............................................... 15
25 Preliminary hearing to determine if evidence of serious danger
to the community ........................................................................... 15
26 Victim submissions ........................................................................ 16
27 Supervision report ......................................................................... 16
28 Suspension of parole order............................................................ 16
29 Qualifying offender cannot be granted parole ................................ 16
30 Interim continuing detention order or interim supervision order ..... 17
31 Court may make final continuing detention order or final
supervision order ........................................................................... 17
32 Onus of proof ................................................................................. 17
Part 4 Supervision orders – extension and
amendment
Division 1 Extension of final supervision orders
33 Application to extend final supervision order ................................. 17
34 Victim submissions ........................................................................ 18
35 Supervision report ......................................................................... 18
36 Court may make medical assessment order.................................. 18
37 Interim extension of supervision order ........................................... 18
38 Court may extend supervision order .............................................. 18
39 Onus of proof ................................................................................. 18
Division 2 Other amendments of supervision orders
40 Application to amend supervision order......................................... 19
41 Victim submissions ........................................................................ 19
42 Supervision reports........................................................................ 19
43 Court may make medical assessment order.................................. 19
44 Court may amend supervision order.............................................. 19
45 Onus of proof ................................................................................. 20
Part 5 Supervision orders – compliance and
enforcement
Division 1 Offence
46 Offence to contravene supervision order ....................................... 20
46A Application of section 123 Police Administration Act 1978 ............ 20
Serious Sex Offenders Act 2013 iii
Division 2 Contravention of supervision order
47 Application of Division ................................................................... 20
48 Officer may apply for warrant or summons .................................... 20
49 Warrant or summons to appear before Supreme Court ................. 21
50 Warrant may be issued by telephone ............................................ 21
51 Arrested supervisee to be brought before Supreme Court ............ 22
52 Interim continuing detention order at initial hearing of arrested
supervisee ..................................................................................... 22
53 Release of arrested supervisee on continued supervision ............ 22
54 Interim continuing detention order if proceeding adjourned ........... 23
55 Victim submissions ........................................................................ 23
56 Supervision report ......................................................................... 24
57 Court may make medical assessment order.................................. 24
58 Orders on consideration of alleged contravention ......................... 24
59 Court may amend supervision order if continuing detention
order not made .............................................................................. 25
60 Onus of proof ................................................................................. 25
Division 3 General matters about compliance and
enforcement
61 Effect of detention.......................................................................... 25
62 Inconsistency between supervision order and similar
obligations ..................................................................................... 26
63 Commissioner of Correctional Services must ensure proper
supervision .................................................................................... 26
64 Powers for supervising supervisees .............................................. 27
Part 6 Continuing detention orders – review of
final orders
65 Application for review by Attorney-General.................................... 28
66 Application for review by detainee ................................................. 28
67 Setting day for review hearing ....................................................... 28
68 Victim submissions ........................................................................ 28
69 Supervision report ......................................................................... 29
70 Court may make medical assessment order.................................. 29
71 Orders on review ........................................................................... 29
72 Onus of proof ................................................................................. 29
Part 7 Revocation of orders
73 Application to revoke order by Attorney-General ........................... 30
74 Application to revoke by detainee or supervisee ........................... 30
75 Victim submissions ........................................................................ 30
76 Court may make medical assessment order.................................. 30
77 Court may revoke order ................................................................. 30
78 Onus of proof ................................................................................. 30
Serious Sex Offenders Act 2013 iv
Part 8 Medical assessments and victim
submissions
Division 1 Medical assessment orders and reports
79 Medical assessment orders ........................................................... 31
80 Information to be given to medical expert ...................................... 31
81 Report to be given to person being assessed................................ 32
82 Report to be produced to court ...................................................... 32
Division 2 Victim submissions
83 Seeking submissions from victims ................................................. 32
84 Content of victim submissions ....................................................... 34
85 Victim submissions to be produced to court .................................. 34
86 Victim submissions not to be disclosed without consent ............... 34
87 No inference to be drawn from no victim submission .................... 35
Division 3 Supervision reports
88 Commissioner of Correctional Services to prepare report for
Attorney-General ........................................................................... 35
89 Report to be produced to court ...................................................... 36
Part 9 Procedure
Division 1 Applications
90 Form and content of applications................................................... 36
91 Respondent may file affidavits in response ................................... 36
92 Content of affidavits ....................................................................... 37
93 Discontinuance .............................................................................. 37
Division 2 General matters
94 Nature of proceedings ................................................................... 37
95 Standard of proof ........................................................................... 38
96 Duty of Attorney-General to disclose relevant material.................. 38
97 Evidence ........................................................................................ 38
98 Records as evidence of supervisee's conduct ............................... 40
99 Certain matters may be decided on papers ................................... 40
100 Court may give directions .............................................................. 40
101 Court must give reasons for final order .......................................... 41
Part 10 Appeals
102 Right of appeal .............................................................................. 41
103 Appeal does not stay decision ....................................................... 41
104 Nature of appeal ............................................................................ 41
Serious Sex Offenders Act 2013 v
105 Interim orders pending hearing of appeal ...................................... 41
106 Decision on appeal ........................................................................ 41
107 Interim orders pending rehearing after appeal ............................... 42
Part 11 General matters
108 Name changes .............................................................................. 42
109 Commissioner of Correctional Services to provide information
to Attorney-General ....................................................................... 43
110 Attorney-General may obtain information from other persons ....... 43
111 Costs of damage to equipment recoverable by Territory ............... 44
112 Offence to disclose certain information .......................................... 44
112A Authorised disclosures of information ............................................ 45
112B Protection from liability .................................................................. 46
113 Regulations.................................................................................... 46
Part 12 Transitional matters for Serious Sex
Offenders Amendment Act 2021
114 Definitions ...................................................................................... 46
115 Application of section 22 ................................................................ 46
116 Application of section 104 .............................................................. 46
117 Supervision orders made before commencement ......................... 46
Schedule 1 Serious sex offences
Schedule 2 Offences of a sexual nature
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 25 May 2024
____________________
SERIOUS SEX OFFENDERS ACT 2013
An Act to provide for continued detention or supervised release of
certain serious sex offenders, and for related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Serious Sex Offenders Act 2013.
2 Commencement
This Act commences on the day fixed by the Administrator by
Gazette notice.
3 Objects of Act
(1) The primary object of this Act is to enhance the protection and
safety of victims of serious sex offences and the community
generally by allowing for the control, by continued detention or
supervised release, of offenders who have committed serious sex
offences and pose a serious danger to the community.
(2) The secondary object of this Act is to provide for the continuing
rehabilitation, care and treatment of those offenders.
4 Definitions
In this Act:
alleged contravention, see section 48(1).
approved monitoring device, see section 164 of the Correctional
Services Act 2014.
business day means a day other than a Saturday, Sunday or
public holiday.
continuing detention order, see section 8(1).
Part 1 Preliminary matters
Serious Sex Offenders Act 2013 2
detainee means a person subject to a continuing detention order.
Director of the CVSU means the Director of the CVSU appointed
under section 6 of the Victims of Crime Rights and Services
Act 2006.
final continuing detention order, see section 8(2)(a).
final supervision order, see section 13(2)(a).
health practitioner means a person registered under the Health
Practitioner Regulation National Law to practise in a health
profession (other than as a student).
in custody means:
(a) in the lawful custody of the Commissioner of Correctional
Services (as defined in section 4 of the Correctional Services
Act 2014); or
(b) in lawful custody within the meaning of section 84(1) of the
Mental Health and Related Services Act 1998.
interim continuing detention order, see section 8(2)(b).
interim supervision order, see section 13(2)(b).
medical assessment order, see section 79(1).
medical expert means a health practitioner registered to practise:
(a) in the medical profession in the recognised specialty of
psychiatry; or
(b) in a health profession prescribed by regulation.
medical report, see section 79(2)(b)(i).
offence of a sexual nature means:
(a) a serious sex offence; or
(b) any of the following:
(i) an offence against a provision listed in Schedule 2,
subject to any qualification specified opposite the
provision;
(ii) an offence against a provision that was listed in
Schedule 2 at the time the offence was committed;
Part 1 Preliminary matters
Serious Sex Offenders Act 2013 3
(iii) an offence substantially corresponding to an offence
mentioned in subparagraph (i) or (ii) against a law of
another jurisdiction (including a jurisdiction outside
Australia);
(iv) an offence of attempting, or of conspiracy or incitement
to commit, an offence mentioned in subparagraph (i), (ii)
or (iii).
offender, for Part 8, Division 2, see section 83(1)(a).
original decision, see section 102(1).
parole order, see section 3(1) of the Parole Act 1971.
probation and parole officer, see section 4 of the Correctional
Services Act 2014.
qualifying offender, see section 22(1).
registered person, for Part 8, Division 2, see section 83(1)(c).
requirement, for a supervision order, means a requirement
included in the order under section 18 or 19.
serious danger to the community, see section 6(1).
serious sex offence means any of the following:
(a) an offence against a provision listed in Schedule 1, subject to
any qualification specified opposite the provision;
(b) an offence against a provision that was listed in Schedule 1 at
the time the offence was committed;
(c) an offence substantially corresponding to an offence
mentioned in paragraph (a) or (b) against:
(i) a law that has been repealed; or
(ii) a law of another jurisdiction (including a jurisdiction
outside Australia);
(d) an offence of attempting, or of conspiracy or incitement to
commit, an offence mentioned in paragraph (a), (b) or (c).
supervisee means a person subject to a supervision order.
supervision order, see section 13(1).
Part 2 Continuing detention orders and supervision orders – general matters
Division 1 Serious danger to the community
Serious Sex Offenders Act 2013 4
Victims Register means the register as defined in section 4 of the
Victims of Crime Rights and Services Act 2006.
victim submission, see section 84.
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
5 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 5
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Part 2 Continuing detention orders and supervision
orders – general matters
Division 1 Serious danger to the community
6 Serious danger to the community
(1) A person is a serious danger to the community if there is an
unacceptable risk that he or she will commit a serious sex offence
unless he or she is in custody or subject to a supervision order.
(2) In deciding whether a person is a serious danger to the community,
a court must have regard to the following:
(a) the likelihood of the person committing another serious sex
offence;
(b) the impact of serious sex offences committed, or likely to be
committed, by the person on:
(i) victims of those offences and the victims' families; and
(ii) members of the community generally;
(c) the need to protect people from those impacts.
Part 2 Continuing detention orders and supervision orders – general matters
Division 2 Continuing detention orders
Serious Sex Offenders Act 2013 5
7 Standard and onus of proof
(1) A court must not decide that a person is a serious danger to the
community unless it is satisfied, to a high degree of probability, that
there is acceptable and cogent evidence of sufficient weight to
justify the decision.
(2) The Attorney-General has the onus of satisfying the court that the
person is a serious danger to the community.
Division 2 Continuing detention orders
8 Nature of continuing detention order
(1) A continuing detention order is an order that the person subject
to the order (the detainee) be detained in custody.
(2) A continuing detention order may be:
(a) a final continuing detention order – being a continuing
detention order, made on the determination of a proceeding,
under which the detainee is to be detained indefinitely; or
(b) an interim continuing detention order – being a continuing
detention order, made on an interim basis while a proceeding
is before a court, under which the detainee is to be detained
pending determination of the proceeding.
(3) A continuing detention order has effect as a warrant committing the
detainee into custody in accordance with the terms of the order.
(4) If the detainee is not in custody when a continuing detention order
comes into force, the order also has effect as a warrant for his or
her arrest.
Note for section 8
A final continuing detention order may be made under section 31(1)
or 58(1)(b)(ii). An interim continuing detention order may be made under
section 30(2), 52(a), 54(3), 58(1)(b)(i), 105(2) or 107(2).
Part 2 Continuing detention orders and supervision orders – general matters
Division 2 Continuing detention orders
Serious Sex Offenders Act 2013 6
9 Considerations when making, confirming or revoking
continuing detention order
(1) In deciding whether to make, confirm or revoke a continuing
detention order in relation to a person, a court must have regard to
the following:
(a) as the paramount consideration – the need to protect:
(i) victims of serious sex offences committed, or likely to be
committed, by the person; and
(ii) the victims' families; and
(iii) members of the community generally;
(b) as a secondary consideration – the desirability of providing
rehabilitation, care and treatment for the person.
(2) In considering the need for protection mentioned in
subsection (1)(a), the court must have regard to the following:
(a) the likelihood of the person committing another serious sex
offence;
(b) whether adequate protection could reasonably be provided by
making a supervision order in relation to the person.
10 Duration of continuing detention order
(1) A continuing detention order comes into force:
(a) if the detainee is a qualifying offender when the order is
made – when he or she ceases to be a qualifying offender; or
(b) otherwise – at the time the order is made.
Note for subsection (1)(a)
If the detainee is a qualifying offender who is subject to a parole order, the
Supreme Court may suspend or revoke the parole order under section 28(2)
or 31(2) so that the detainee serves out his or her sentence in custody before the
continuing detention order comes into force.
(2) A final continuing detention order remains in force until it is revoked.
(3) An interim continuing detention order remains in force until the first
of the following occurs:
(a) the order is revoked;
(b) the proceeding during which it was made is finally determined;
Part 2 Continuing detention orders and supervision orders – general matters
Division 3 Supervision orders
Subdivision 1 Nature and consideration when making
Serious Sex Offenders Act 2013 7
(c) the order expires.
11 Expiry date for interim continuing detention order
(1) A court making an interim continuing detention order must state in
the order the date on which it will expire.
(2) A court may, on application by the Attorney-General, amend an
interim continuing detention order to extend the duration of the
order.
(3) However, the total period for which a detainee may be subject to an
interim continuing detention order pending determination of a
particular proceeding cannot exceed 6 months unless the court is
satisfied there are exceptional circumstances.
12 Detainee cannot be granted bail or parole
(1) A detainee cannot be granted bail under the Bail Act 1982.
(2) A parole order cannot be made under the Parole Act 1971 in
relation to a detainee.
Division 3 Supervision orders
Subdivision 1 Nature and consideration when making
13 Nature of supervision order
(1) A supervision order is an order that the person subject to the
order (the supervisee) must comply with the requirements included
in the order under sections 18 and 19.
(2) A supervision order may be:
(a) a final supervision order – being a supervision order, made
on the determination of a proceeding, under which the
supervisee is to be supervised for a stated period of at least
5 years; or
(b) an interim supervision order – being a supervision order,
made on an interim basis while a proceeding is before a court,
under which the supervisee is to be supervised pending
determination of the proceeding.
Part 2 Continuing detention orders and supervision orders – general matters
Division 3 Supervision orders
Subdivision 1 Nature and consideration when making
Serious Sex Offenders Act 2013 8
(3) If the duration of a final supervision order is extended on an interim
basis under section 37, it becomes an interim supervision order, but
if the Supreme Court extends the order under section 38 it again
becomes a final supervision order.
Note for section 13
A final supervision order may be made under section 31(1) or 71(1)(b). An interim
supervision order may be made under section 30(2), 105(2) or 107(2).
14 Considerations when making, amending or revoking
supervision order
(1) This section applies when a court is deciding:
(a) whether to make, amend or revoke a supervision order in
relation to a person; and
(b) if a supervision order is to be made or amended:
(i) the requirements to be included in the order; and
(ii) the expiry date (if any) for the order.
(2) The court must have regard to the following:
(a) as the paramount consideration – the need to protect:
(i) victims of serious sex offences committed, or likely to be
committed, by the person; and
(ii) the victims' families; and
(iii) members of the community generally;
(b) as a secondary consideration – the desirability of providing
rehabilitation, care and treatment for the person.
(3) In considering the need for protection mentioned in
subsection (2)(a), the court must have regard to the following:
(a) the likelihood of the person committing another serious sex
offence;
(b) whether it will be reasonably practicable for the Commissioner
of Correctional Services to ensure that the person is
appropriately managed and supervised as mentioned in
section 63;
(c) whether adequate protection could only reasonably be
provided by making a continuing detention order in relation to
the person.
Part 2 Continuing detention orders and supervision orders – general matters
Division 3 Supervision orders
Subdivision 1 Nature and consideration when making
Serious Sex Offenders Act 2013 9
15 Further considerations if person is reportable offender
(1) This section applies if the person who is or will be the supervisee is
a reportable offender under the Child Protection (Offender
Reporting and Registration) Act 2004.
(2) The court must ensure, as far as is reasonably practicable, that the
requirements in the supervision order are not inconsistent with the
person's obligations as a reportable offender.
(3) The court may amend the person's prohibition order under the Child
Protection (Offender Reporting and Registration) Act 2004 to avoid
an inconsistency.
(4) When making or amending a supervision order, the court must
explain to the person the effect of section 62 on his or her
obligations under this Act and the Child Protection (Offender
Reporting and Registration) Act 2004.
16 Duration of supervision order
(1) A supervision order comes into force:
(a) if the supervisee is a qualifying offender when the order is
made – when he or she ceases to be a qualifying offender; or
(b) otherwise – at the time the order is made.
Note for subsection (1)(a)
If the supervisee is a qualifying offender who is subject to a parole order, the
Supreme Court may allow the supervisee to serve out his or her sentence on
parole before the supervision order comes into force. Alternatively, the Court may
suspend or revoke the parole order under section 28(2) or 31(2) so that the
supervisee serves out his or her sentence in custody before the supervision order
comes into force.
(2) An interim supervision order remains in force until the first of the
following occurs:
(a) the order is revoked;
(b) the proceeding during which the order was made or extended
is finally determined;
(c) if an expiry date is stated in the order – the order expires.
(3) A final supervision order remains in force until the first of the
following occurs:
(a) the order is revoked;
Part 2 Continuing detention orders and supervision orders – general matters
Division 3 Supervision orders
Subdivision 2 Requirements and directions
Serious Sex Offenders Act 2013 10
(b) the order expires.
(4) Despite subsection (3)(b), if a supervisee is returned to custody to
serve a sentence of imprisonment for an offence, the period for
which the order remains in force is extended by the length of time
he or she is in custody serving that sentence.
17 Expiry date for final supervision order
(1) A court making a final supervision order must state in the order the
date on which it will expire.
(2) The expiry date must be at least 5 years after the date on which the
order will come into force.
(3) In deciding the expiry date, the court must disregard the fact that
the period for which the order is to remain in force might be
extended under section 38.
Subdivision 2 Requirements and directions
18 Compulsory requirements
(1) A court making a supervision order must include in it requirements
that the supervisee:
(a) must not commit:
(i) a serious sex offence; or
(ii) an offence of a sexual nature; and
(b) must report to a parole officer as directed by a probation and
parole officer; and
(c) must receive visits and accept communications from a
probation and parole officer as directed by a probation and
parole officer; and
(d) must give to a probation and parole officer information about
the supervisee's place of residence and place of employment
or education as directed by a probation and parole officer;
(e) must not leave, or stay out of, the Territory without the
permission of a probation and parole officer; and
(f) must comply with any directions given to the supervisee under
section 20, other than directions about matters stated in the
order under subsection (2).
Part 2 Continuing detention orders and supervision orders – general matters
Division 3 Supervision orders
Subdivision 2 Requirements and directions
Serious Sex Offenders Act 2013 11
(2) The court may state in the order matters about which a probation
and parole officer cannot give the supervisee directions.
(3) A court amending a supervision order cannot amend it to remove a
requirement mentioned in subsection (1).
19 Optional requirements
A court making a supervision order may include in it any other
requirement on the supervisee that the court considers appropriate.
Note for section 19
Sections 14 and 15 set out matters to which the court must have regard when
deciding the requirements to be included in the order.
20 Directions by probation and parole officers
(1) A probation and parole officer may give to a supervisee any
direction the officer believes on reasonable grounds is appropriate.
Note for subsection (1)
Section 21 sets out matters to which a probation and parole officer must have
regard when deciding whether to give a direction.
(2) A probation and parole officer may give a direction about a matter
even if there is a requirement about the matter in the supervisee's
supervision order.
(3) However, a probation and parole officer cannot give a direction:
(a) about a matter stated in the order under section 18(2); or
(b) that is directly inconsistent with a requirement in the order.
(4) Without limiting subsection (1), a probation and parole officer may
direct a supervisee to do any or all of the following:
(a) report to a probation and parole officer at specified times and
places;
(b) wear an approved monitoring device;
(c) give a sample of the supervisee's voice for use with an
approved monitoring device;
(d) allow the placing or installation in, and retrieval from, a
specified place of anything necessary for the effective
operation of an approved monitoring device;
(e) reside at a specified place;
Part 2 Continuing detention orders and supervision orders – general matters
Division 3 Supervision orders
Subdivision 2 Requirements and directions
Serious Sex Offenders Act 2013 12
(f) remain at a specified place for specified periods;
(g) leave a specified place;
(h) participate in specified rehabilitation, care or treatment;
(i) do anything that is reasonably necessary to enable:
(i) the supervisee to be managed and supervised in the
way determined by the Commissioner of Correctional
Services under section 63; or
(ii) the supervisee's compliance with the order to be
monitored and enforced.
(5) Without limiting subsection (1), a probation and parole officer may
direct a supervisee not to do any or all of the following:
(a) reside at a specified place;
(b) go to a specified place or class of places either at all or during
specified periods;
(c) associate or make contact with:
(i) victims of serious sex offences committed by the
supervisee; or
(ii) the victims' families; or
(iii) any other specified person or class of persons;
(d) engage in specified employment;
(e) engage in specified conduct;
(f) consume alcohol or a drug (other than as prescribed by a
health practitioner).
21 Considerations when giving directions
(1) In deciding whether to give a direction to a supervisee, a probation
and parole officer must have regard to the following:
(a) as the paramount consideration – the need to protect:
(i) victims of serious sex offences committed, or likely to be
committed, by the supervisee; and
(ii) the victims' families; and
Part 3 Making continuing detention orders or supervision orders
Serious Sex Offenders Act 2013 13
(iii) members of the community generally;
(b) as a secondary consideration – the desirability of providing
rehabilitation, care and treatment for the supervisee.
(2) In considering the need for protection mentioned in
subsection (1)(a), the probation and parole officer must have regard
to the following:
(a) the need to ensure that the supervisee is managed and
supervised in the way determined by the Commissioner of
Correctional Services under section 63;
(b) the need to ensure that the supervisee's compliance with his
or her supervision order is monitored and enforced.
Part 3 Making continuing detention orders or
supervision orders
22 Meaning of qualifying offender
(1) A person is a qualifying offender if:
(a) he or she has been convicted of a serious sex offence; and
(b) either:
(i) he or she is under sentence of imprisonment for that
offence; or
(ii) subsection (4) applies to him or her.
(2) A person sentenced to imprisonment for an offence is under
sentence of imprisonment if he or she:
(a) is in custody serving the sentence; or
(b) is subject to one of the following orders in relation to the
offence:
(i) an order suspending the sentence under section 40 of
the Sentencing Act 1995;
(ii) an intensive community correction order made under the
Sentencing Act 1995;
Part 3 Making continuing detention orders or supervision orders
Serious Sex Offenders Act 2013 14
(iii) a home detention order or community custody order
made under the Sentencing Act 1995 as in force before
the commencement of Part 2 of the Sentencing and
Other Legislation Amendment Act 2022; or
(c) has been released from custody on parole but is taken, under
section 14(1) of the Parole Act 1971, to be still under sentence
of imprisonment for the offence.
Note for subsection (2)(c)
Under section 14(1) of the Parole Act 1971, a person released on parole is taken
to still be under sentence of imprisonment until the day on which the term of
imprisonment to which he or she was sentenced expires.
(3) For subsection (1)(b)(i), it is immaterial whether the person is, at the
same time, under sentence of imprisonment for another offence.
(4) For subsection (1)(b)(ii), this subsection applies to a person if:
(a) he or she has served his or her sentence for the serious sex
offence; and
(b) he or she is:
(i) under sentence of imprisonment for another offence; or
(ii) is in custody for any other reason, other than under a
continuing detention order; and
(c) the person has not, at any time since commencing to serve
the sentence mentioned in paragraph (a), ceased to be:
(i) under sentence of imprisonment for an offence; or
(ii) in custody for any other reason, other than under a
continuing detention order.
(5) It is immaterial when the serious sex offence was committed or
when the person was charged with or convicted of the offence.
(6) In this section, for a person who is under 18 years of age:
imprisonment includes detention within the meaning of the Youth
Justice Act 2005.
Part 3 Making continuing detention orders or supervision orders
Serious Sex Offenders Act 2013 15
in custody includes in detention in a detention centre as defined in
section 5(1) of the Youth Justice Act 2005.
Note for subsection (6)
Although a person who is under 18 years of age may be a qualifying offender, a
final continuing detention order or final supervision order cannot come into force
before the person turns 18 (see sections 10(1) and 23(2)(b)).
23 Application for continuing detention order or supervision
order
(1) The Attorney-General may apply to the Supreme Court for a final
continuing detention order or final supervision order in relation to a
qualifying offender.
(2) An application cannot be made unless the offender:
(a) is due to cease to be a qualifying offender within 12 months;
and
(b) will be over 18 years of age when he or she ceases to be a
qualifying offender.
24 Setting date for preliminary hearing
(1) If an application is made under section 23, the Registrar of the
Supreme Court must set a date for a preliminary hearing.
(2) The date set must be not more than 28 business days after the
application is made.
25 Preliminary hearing to determine if evidence of serious danger
to the community
(1) At the preliminary hearing the Supreme Court must decide whether
the matters alleged in the application would, if proved, satisfy the
Court that the qualifying offender is a serious danger to the
community.
(2) If the Court decides that it would be satisfied, it must:
(a) set a date for the hearing of the application; and
(b) make a medical assessment order in relation to the offender
naming 2 medical experts.
(3) If the Court decides that it would not be satisfied, it must dismiss
the application.
Part 3 Making continuing detention orders or supervision orders
Serious Sex Offenders Act 2013 16
26 Victim submissions
If the Supreme Court sets a hearing date under section 25(2)(a):
(a) the Attorney-General must notify the Director of the CVSU of
the date; and
(b) the Director of the CVSU must then seek victim submissions
about the offender under section 83.
27 Supervision report
If the Supreme Court sets a hearing date under section 25(2)(a):
(a) the Attorney-General must notify the Commissioner of
Correctional Services of the date; and
(b) the Commissioner of Correctional Services must then prepare
a supervision report about the offender under section 88.
28 Suspension of parole order
(1) This section applies if:
(a) the Supreme Court has set a hearing date under
section 25(2)(a); and
(b) the qualifying offender is subject to a parole order.
(2) The Court may suspend the parole order pending determination of
the application made under section 23.
(3) A suspension remains in force until the application is finally
determined or the suspension is revoked.
(4) While a parole order is suspended it is of no effect.
29 Qualifying offender cannot be granted parole
(1) This section applies if:
(a) the Supreme Court has set a hearing date under
section 25(2)(a); and
(b) the application made under section 23 has not been finally
determined.
(2) A parole order cannot be made under the Parole Act 1971 in
relation to the qualifying offender.
Part 4 Supervision orders – extension and amendment
Division 1 Extension of final supervision orders
Serious Sex Offenders Act 2013 17
30 Interim continuing detention order or interim supervision order
(1) This section applies if:
(a) the Supreme Court has set a hearing date under
section 25(2)(a); and
(b) the application made under section 23 has not been finally
determined.
(2) The Court may make an interim continuing detention order or
interim supervision order in relation to the qualifying offender
pending determination of the application.
31 Court may make final continuing detention order or final
supervision order
(1) On hearing an application made under section 23, the Supreme
Court may make a final continuing detention order or final
supervision order in relation to the qualifying offender if satisfied
that the qualifying offender is a serious danger to the community.
(2) If the Court makes a continuing detention order, it may state in the
order a review period for section 65.
(3) If the Court makes an order in relation to a person who is subject to
a parole order, the Court may revoke the parole order.
32 Onus of proof
The Attorney-General has the onus of satisfying the Supreme Court
that it is appropriate to make the final continuing detention order or
final supervision order.
Part 4 Supervision orders – extension and
amendment
Division 1 Extension of final supervision orders
33 Application to extend final supervision order
(1) The Attorney-General may apply to the Supreme Court to amend a
final supervision order to extend the duration of the order.
(2) The application cannot be made unless the order is due to expire in
less than 6 months.
(3) The application may be combined with an application made under
section 40 to make other amendments to the order.
Part 4 Supervision orders – extension and amendment
Division 1 Extension of final supervision orders
Serious Sex Offenders Act 2013 18
34 Victim submissions
If an application is made under section 33:
(a) the Attorney-General must notify the Director of the CVSU that
the application has been made; and
(b) the Director of the CVSU must then seek victim submissions
about the supervisee under section 83.
35 Supervision report
If an application is made under section 33:
(a) the Attorney-General must notify the Commissioner of
Correctional Services that the application has been made; and
(b) the Commissioner of Correctional Services must then prepare
a supervision report about the supervisee under section 88.
36 Court may make medical assessment order
(1) This section applies if an application has been made under
section 33 but has not been finally determined.
(2) The Supreme Court may make a medical assessment order in
relation to the supervisee.
(3) The Court may do so on application or on its own initiative.
37 Interim extension of supervision order
(1) This section applies if an application has been made under
section 33 but has not been finally determined.
(2) The Supreme Court may amend the supervision order to extend the
duration of the order on an interim basis pending determination of
the application.
38 Court may extend supervision order
On hearing an application made under section 33, the Supreme
Court may amend the supervision order to extend the duration of
the order if satisfied that the supervisee is still a serious danger to
the community.
39 Onus of proof
The Attorney-General has the onus of satisfying the Supreme Court
that it is appropriate to extend the duration of a supervision order.
Part 4 Supervision orders – extension and amendment
Division 2 Other amendments of supervision orders
Serious Sex Offenders Act 2013 19
Division 2 Other amendments of supervision orders
40 Application to amend supervision order
(1) The Attorney-General or a supervisee may apply to the Supreme
Court to amend a supervision order.
(2) However, an application cannot be made under this section to
extend the duration of a final supervision order.
(3) An application may be combined with an application made under
section 33 to extend the duration of the order.
41 Victim submissions
If an application is made under section 40:
(a) the Attorney-General must notify the Director of the CVSU that
the application has been made; and
(b) the Director of the CVSU must then seek victim submissions
about the supervisee under section 83.
42 Supervision reports
If an application is made under section 40:
(a) the Attorney-General must notify the Commissioner of
Correctional Services that the application has been made; and
(b) the Commissioner of Correctional Services must then prepare
a supervision report about the supervisee under section 88.
43 Court may make medical assessment order
(1) This section applies if an application has been made under
section 40 but has not been finally determined.
(2) The Supreme Court may make a medical assessment order in
relation to the supervisee.
(3) The Court may do so on application or on its own initiative.
44 Court may amend supervision order
(1) On hearing an application made under section 40, the Supreme
Court may amend the supervision order if satisfied it would be
appropriate to do so.
Part 5 Supervision orders – compliance and enforcement
Division 2 Contravention of supervision order
Serious Sex Offenders Act 2013 20
(2) However, the Court cannot amend the order to reduce the duration
of the order to a period of less than 5 years from the date it came
into force.
45 Onus of proof
The applicant has the onus of satisfying the Supreme Court that it is
appropriate to amend a supervision order.
Part 5 Supervision orders – compliance and
enforcement
Division 1 Offence
46 Offence to contravene supervision order
(1) A supervisee must not engage in conduct that results in a
contravention of a requirement of his or her supervision order.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) It is a defence to a prosecution for an offence against
subsection (1) if the defendant establishes a reasonable excuse.
46A Application of section 123 Police Administration Act 1978
To avoid doubt, section 123 of the Police Administration Act 1978
applies in relation to an offence under section 46.
Division 2 Contravention of supervision order
47 Application of Division
This Division applies in relation to an alleged contravention whether
or not the supervisee is charged with, or convicted of, an offence
under section 46 in relation to the contravention.
48 Officer may apply for warrant or summons
(1) If a police officer or probation and parole officer suspects on
reasonable grounds that a supervisee has contravened, is
contravening or is likely to contravene, a requirement of his or her
supervision order (the alleged contravention), the officer may
apply to a Supreme Court Judge for a warrant or summons under
section 49.
Part 5 Supervision orders – compliance and enforcement
Division 2 Contravention of supervision order
Serious Sex Offenders Act 2013 21
(2) An application for a warrant must be made by information on oath
or by telephone under section 50.
(3) An application for a summons must be made in writing.
49 Warrant or summons to appear before Supreme Court
(1) If satisfied there are reasonable grounds for suspecting the alleged
contravention has occurred, is occurring or is likely to occur, the
Supreme Court Judge must issue:
(a) a warrant for the supervisee to be arrested and brought before
the Supreme Court for the Court to consider the alleged
contravention; or
(b) a summons for the supervisee to attend before the Supreme
Court for the Court to consider the alleged contravention.
(2) However, on an application for a warrant the Supreme Court Judge
must not issue a summons unless:
(a) the applicant consents; or
(b) the Supreme Court Judge is satisfied there are exceptional
circumstances.
(3) The warrant or summons must state the alleged contravention, but
may do so in general terms.
(4) A copy of the warrant or summons must be given to the
Attorney-General within 24 hours after it is issued by:
(a) if the applicant is a police officer – the Commissioner of
Police; or
(b) if the applicant is a probation and parole officer – the
Commissioner of Correctional Services.
(5) However, a failure to comply with subsection (4) does not affect the
validity of the warrant or summons or any order made under this
Division.
50 Warrant may be issued by telephone
Section 122 of the Police Administration Act 1978 applies in relation
to a warrant under section 49 as if:
(a) the warrant were being sought under that Act; and
(b) a reference in section 122 of that Act to a justice of the peace
were a reference to a Supreme Court Judge; and
Part 5 Supervision orders – compliance and enforcement
Division 2 Contravention of supervision order
Serious Sex Offenders Act 2013 22
(c) if the applicant is not a police officer – the applicant were a
police officer.
51 Arrested supervisee to be brought before Supreme Court
(1) This section applies if a supervisee is arrested under a warrant
issued under section 49.
(2) The Attorney-General must ensure that, as soon as practicable
after the supervisee is arrested, he or she is brought before the
Supreme Court for the Court to consider the alleged contravention.
(3) The arrested supervisee cannot be granted bail under the Bail
Act 1982.
52 Interim continuing detention order at initial hearing of arrested
supervisee
When a supervisee arrested under a warrant issued under
section 49 first appears before the Supreme Court, the Court must
do one of the following:
(a) make an interim continuing detention order in relation to the
supervisee pending the Court's consideration of the alleged
contravention under section 58;
(b) make an order under section 53(3).
53 Release of arrested supervisee on continued supervision
(1) This section applies if:
(a) a supervisee arrested under a warrant issued under
section 49 has been brought before the Supreme Court
(whether or not the Court has made an order under
section 52(a)); and
(b) the Court has not completed its consideration of the alleged
contravention under section 58.
(2) The supervisee may apply to the Court to be released pending the
Court's consideration of the alleged contravention.
(3) The Court may order the release of the supervisee only if satisfied
there are exceptional circumstances.
(4) The supervisee has the onus of satisfying the Court that there are
exceptional circumstances.
Part 5 Supervision orders – compliance and enforcement
Division 2 Contravention of supervision order
Serious Sex Offenders Act 2013 23
(5) If it orders the release of the supervisee, the Court:
(a) must revoke any interim continuing detention order made
under section 52(a); and
(b) may amend the supervisee's supervision order as the Court
considers appropriate.
54 Interim continuing detention order if proceeding adjourned
(1) This section applies if:
(a) a supervisee has appeared before the Supreme Court in
accordance with a summons issued under section 49; and
(b) the Court has not completed its consideration of the alleged
contravention under section 58.
(2) This section also applies if:
(a) an arrested supervisee was released under section 53; and
(b) the Court has not completed its consideration of the alleged
contravention under section 58; and
(c) the Court is no longer satisfied that there are exceptional
circumstances as mentioned in section 53(3).
(3) The Court may make an interim continuing detention order in
relation to the supervisee pending completion of the Court's
consideration of the alleged contravention.
55 Victim submissions
(1) This section applies if:
(a) a supervisee is arrested under a warrant issued under
section 49; or
(b) a summons is issued under section 49.
(2) The Attorney-General must notify the Director of the CVSU of the
arrest or issuing of the summons.
(3) The Director of the CVSU must then seek victim submissions about
the supervisee under section 83.
Part 5 Supervision orders – compliance and enforcement
Division 2 Contravention of supervision order
Serious Sex Offenders Act 2013 24
56 Supervision report
(1) This section applies if:
(a) a supervisee is arrested under a warrant issued under
section 49; or
(b) a summons is issued under section 49.
(2) The Attorney-General must notify the Commissioner of Correctional
Services of the arrest or issuing of the summons.
(3) The Commissioner of Correctional Services must then prepare a
supervision report about the supervisee under section 88.
57 Court may make medical assessment order
(1) This section applies if:
(a) either:
(i) a supervisee is arrested under a warrant issued under
section 49; or
(ii) a summons is issued under section 49; and
(b) the Supreme Court has not completed its consideration of the
alleged contravention under section 58.
(2) The Court may make a medical assessment order in relation to the
supervisee.
(3) The Court may do so on application or on its own initiative.
58 Orders on consideration of alleged contravention
(1) On considering an alleged contravention, if the Supreme Court is
satisfied the supervisee has contravened, is contravening, or is
likely to contravene, his or her supervision order, the Court must:
(a) revoke the supervision order; and
(b) make:
(i) if the revoked order was an interim supervision order –
an interim continuing detention order pending
determination of the proceeding in which the supervision
order was made; or
(ii) if the revoked order was a final supervision order – a
final continuing detention order.
Part 5 Supervision orders – compliance and enforcement
Division 3 General matters about compliance and enforcement
Serious Sex Offenders Act 2013 25
(2) However, the Court is not required to make the orders mentioned in
subsection (1) if satisfied it would not be appropriate to do so.
59 Court may amend supervision order if continuing detention
order not made
(1) This section applies if, on considering the alleged contravention, the
Supreme Court:
(a) is not satisfied that the supervisee has contravened, is
contravening or is likely to contravene, his or her supervision
order; or
(b) decides under section 58(2) not to make the orders mentioned
in section 58(1).
(2) The Court:
(a) must revoke any interim continuing detention order made
under section 52 or 54; and
(b) may amend the supervision order as it considers appropriate.
Note for section 59
If an interim continuing detention order is revoked under subsection (2)(a), the
supervisee will be released from custody but will still be subject to his or her
supervision order.
60 Onus of proof
(1) The Attorney-General has the onus of satisfying the Supreme Court
that the supervisee has contravened, is contravening or is likely to
contravene, his or her supervision order.
(2) The supervisee has the onus of satisfying the Court that it would
not be appropriate to make the orders mentioned in section 58(1).
Division 3 General matters about compliance and
enforcement
61 Effect of detention
(1) This section applies if:
(a) a supervisee is in custody; and
(b) because he or she is in custody, it is not reasonably
practicable for the supervisee to comply with his or her
supervision order.
Part 5 Supervision orders – compliance and enforcement
Division 3 General matters about compliance and enforcement
Serious Sex Offenders Act 2013 26
(2) The supervisee need not comply with his or her supervision order to
the extent that being in custody makes it not reasonably practicable
to do so.
62 Inconsistency between supervision order and similar
obligations
(1) This section applies if:
(a) a supervisee is any of the following:
(i) a reportable offender as defined in section 6(1) of the
Child Protection (Offender Reporting and Registration)
Act 2004;
(ii) subject to an order under Part 3, 4 or 5 of the
Sentencing Act 1995;
(iii) subject to a domestic violence order under the Domestic
and Family Violence Act 2007;
(iv) under any other Act, subject to an obligation relating to a
matter that is the subject of a requirement in his or her
supervision order; and
(b) it is not reasonably practicable for the supervisee to comply
with his or her supervision order and his or her obligations
under the Act mentioned in paragraph (a) (the other
obligations).
(2) The supervisee:
(a) must comply with his or her supervision order; and
(b) need not comply with his or her other obligations to the extent
that compliance with the supervision order makes it not
reasonably practicable to do so.
63 Commissioner of Correctional Services must ensure proper
supervision
(1) The Commissioner of Correctional Services must ensure that a
supervisee is managed and supervised by probation and parole
officers in a way that is appropriate.
Part 5 Supervision orders – compliance and enforcement
Division 3 General matters about compliance and enforcement
Serious Sex Offenders Act 2013 27
(2) In deciding what is appropriate the Commissioner must have regard
to the following:
(a) as the paramount consideration – the need to protect:
(i) victims of serious sex offences committed, or likely to be
committed, by the supervisee; and
(ii) the victims' families; and
(iii) members of the community generally;
(b) as a secondary consideration – the desirability of providing
rehabilitation, care and treatment for the supervisee.
(3) In considering the need for protection mentioned in
subsection (2)(a), the Commissioner must have regard to the need
to ensure that the supervisee's compliance with his or her
supervision order is monitored and enforced.
64 Powers for supervising supervisees
(1) A probation and parole officer may exercise the officer's powers
under section 171 of the Correctional Services Act 2014 as if a
supervision order were a monitoring order.
(1A) However, the officer must not:
(a) exercise a power under section 170(2)(d) or (e) of the
Correctional Services Act 2014 unless the supervisee is
subject to a monitoring obligation; or
(b) direct a supervisee under section 171 of the Correctional
Services Act 2014 to submit to a prescribed alcohol/drug test
unless the supervisee is subject to an alcohol or drug
obligation.
(2) In this section:
alcohol or drug obligation means a requirement in, or direction
given under, a supervision order that the supervisee not consume
alcohol or a drug.
monitoring obligation means a requirement in, or direction given
under, a supervision order that subjects the supervisee to
monitoring using an approved monitoring device.
Part 6 Continuing detention orders – review of final orders
Serious Sex Offenders Act 2013 28
Part 6 Continuing detention orders – review of final
orders
65 Application for review by Attorney-General
(1) The Attorney-General must apply to the Supreme Court for a review
of a final continuing detention order:
(a) if the order has not previously been reviewed – before the
expiry of the review period from the date the order came into
force; or
(b) if the order has previously been reviewed – before the expiry
of the review period from the date the most recent previous
review was concluded.
(2) In this section:
review period means 2 years or any shorter period of between
1 and 2 years stated in the order.
66 Application for review by detainee
(1) A detainee may apply to the Supreme Court for a review of a
continuing detention order if:
(a) the order has been in force for at least 2 years; and
(b) the Court grants leave for the application to be made.
(2) The Court may grant leave only if satisfied there are exceptional
circumstances.
(3) The detainee has the onus of satisfying the Court that there are
exceptional circumstances.
67 Setting day for review hearing
(1) If an application is made under section 65 or 66, the Registrar of
the Supreme Court must set a date for the hearing.
(2) The date set must be as soon as practicable after the application is
made.
68 Victim submissions
If the Supreme Court sets a hearing date under section 67:
(a) the Attorney-General must notify the Director of the CVSU of
the date; and
Part 6 Continuing detention orders – review of final orders
Serious Sex Offenders Act 2013 29
(b) the Director of the CVSU must then seek victim submissions
about the detainee under section 83.
69 Supervision report
If the Supreme Court sets a hearing date under section 67:
(a) the Attorney-General must notify the Commissioner of
Correctional Services of the date; and
(b) the Commissioner of Correctional Services must then prepare
a supervision report about the detainee under section 88.
70 Court may make medical assessment order
(1) This section applies if:
(a) an application has been made under section 65 or 66; and
(b) the Supreme Court has not made an order under section 71.
(2) The Court may make a medical assessment order in relation to the
detainee.
(3) The Court may do so on application or on its own initiative.
71 Orders on review
(1) On hearing an application made under section 65 or 66, the
Supreme Court must do one of the following:
(a) revoke the continuing detention order;
(b) revoke the continuing detention order and make a final
supervision order in relation to the detainee;
(c) confirm the continuing detention order.
(2) The Court must not make an order under subsection (1)(b) or (c)
unless satisfied that the detainee is still a serious danger to the
community.
(3) If the Court confirms the continuing detention order, it may amend
the order to change the review period for section 65.
72 Onus of proof
The Attorney-General has the onus of satisfying the Supreme Court
that it is appropriate to confirm the continuing detention order or
make a final supervision order.
Part 7 Revocation of orders
Serious Sex Offenders Act 2013 30
Part 7 Revocation of orders
73 Application to revoke order by Attorney-General
The Attorney-General may apply to the Supreme Court to revoke a
continuing detention order or supervision order.
74 Application to revoke by detainee or supervisee
(1) A detainee or supervisee may apply to the Supreme Court to
revoke a continuing detention order or supervision order if the Court
grants leave for the application to be made.
(2) The Court may grant leave only if satisfied there are exceptional
circumstances.
(3) The detainee or supervisee has the onus of satisfying the Court that
there are exceptional circumstances.
75 Victim submissions
If an application is made under section 73 or 74:
(a) the Attorney-General must notify the Director of the CVSU that
the application has been made; and
(b) the Director of the CVSU must then seek victim submissions
about the detainee or supervisee under section 83.
76 Court may make medical assessment order
(1) This section applies if an application has been made under
section 73 or 74 but has not been finally determined.
(2) The Supreme Court may make a medical assessment order in
relation to the detainee or supervisee.
(3) The Court may do so on application or on its own initiative.
77 Court may revoke order
On hearing an application made under section 73 or 74, the
Supreme Court may revoke the continuing detention order or
supervision order if satisfied that the grounds for making the order
no longer exist.
78 Onus of proof
The applicant has the onus of satisfying the Supreme Court that it is
appropriate to revoke a continuing detention order or supervision
order.
Part 8 Medical assessments and victim submissions
Division 1 Medical assessment orders and reports
Serious Sex Offenders Act 2013 31
Part 8 Medical assessments and victim submissions
Division 1 Medical assessment orders and reports
79 Medical assessment orders
(1) A medical assessment order is an order that the person about
whom it is made submit to being examined by each of 1 or 2
medical experts named in the order.
(2) A medical assessment order also has effect:
(a) to authorise each expert to examine the person; and
(b) to require each expert to:
(i) prepare a report about the person (a medical report);
and
(ii) give the report to the Attorney-General by the date
stated in the order.
(3) The expert must prepare the report even if the person does not
cooperate with the expert.
(4) The expert must have regard to all information given to him or her
under section 80.
(5) A medical report must set out the following:
(a) the expert's opinion of the risk of the person committing
another serious sex offence if he or she is not detained in
custody or subject to a supervision order;
(b) the expert's reasons for that opinion;
(c) the extent to which the person cooperated with the expert.
(6) A medical expert cannot be named in a medical assessment order
if he or she is a public sector employee in the Agency administering
the Correctional Services Act 2004.
Note for section 79
A medical assessment order may be made under section 25(2)(b), 36(2), 43(2),
57(2), 70(2) or 76.
80 Information to be given to medical expert
(1) The Commissioner of Correctional Services must give to a medical
expert named in a medical assessment order all relevant
Part 8 Medical assessments and victim submissions
Division 2 Victim submissions
Serious Sex Offenders Act 2013 32
information (including medical or custodial correctional facility
reports) that is in the Commissioner's possession or to which the
Commissioner has, or may be given, access.
(2) On the written request of the Commissioner, a person in
possession or control of the information must give the information to
the Commissioner.
(3) However, subsections (1) and (2) do not require:
(a) the Commissioner to give to an expert information that has
previously been given to the expert; or
(b) a person to give to the Commissioner information he or she
has previously given to the Commissioner.
(4) If a person fails to give the information to the Commissioner when
requested, the Supreme Court may, on application by the
Commissioner, order the person to do so.
(5) A person who gives information under this section is not liable,
civilly, criminally or under an administrative process, for giving the
information.
81 Report to be given to person being assessed
The Attorney-General must give a copy of a medical report to the
person to whom it relates before the end of the next business day
after the Attorney-General receives the report.
82 Report to be produced to court
If a court makes a medical assessment order:
(a) a resulting medical report is admissible as evidence in relation
to a matter mentioned in section 6(2), 9 or 14; and
(b) the Attorney-General must tender the report in evidence.
Division 2 Victim submissions
83 Seeking submissions from victims
(1) This section applies if:
(a) the Director of the CVSU is required under section 26, 34, 41,
55, 68 or 75 to seek victim submissions about a person (the
offender); and
Part 8 Medical assessments and victim submissions
Division 2 Victim submissions
Serious Sex Offenders Act 2013 33
(b) the offender is an offender to whom Part 4 of the Victims of
Crime Rights and Services Act 2006 applies; and
(c) one or more persons are registered in the Victims Register in
relation to the offender (each a registered person).
(2) As soon as practicable after the requirement to seek submissions
arises, the Director must give each registered person a written
notice:
(a) informing the person:
(i) for section 26, 34, 41, 68 or 75 – that an application has
been made in relation to the offender, and of the nature
of the application and the hearing date; or
(ii) for section 55 – that the offender has been arrested or
summonsed and of the date of the hearing under
section 58; and
(b) inviting the person to make a submission about the offender
as mentioned in section 84; and
(c) informing the person of the effect of sections 85 and 86; and
(d) informing the person that any submission must:
(i) be in writing; and
(ii) be given to the Director by the date stated in the notice
(the closing date); and
(iii) if the person wishes to consent to the submission being
disclosed to the offender – include a statement
consenting to the disclosure.
(3) However, the Director is not required to give notice to a registered
person who has previously informed the Director that he or she
does not wish to receive notices under this Act about the offender.
(4) As soon as practicable after the closing date, the Director must give
to the Attorney-General:
(a) a copy of each submission received from a registered person
before the closing date; or
(b) if no submissions are received – notice of that fact.
Part 8 Medical assessments and victim submissions
Division 2 Victim submissions
Serious Sex Offenders Act 2013 34
84 Content of victim submissions
(1) In a victim submission a registered person may set out his or her
views about any of the following:
(a) the impact the offender's offending has had on the victim or
other persons;
(b) whether the offender is a serious danger to the community;
(c) whether the offender should be subject to a continuing
detention order or supervision order;
(d) if the offender is to be subject to a supervision order, what the
terms of the order should be;
(e) any other matter prescribed by regulation.
(2) A person who makes a submission may amend or withdraw it.
85 Victim submissions to be produced to court
If the Director of the CVSU receives a victim submission under
section 83:
(a) the Director must give the submission to the Attorney-General;
and
(b) the submission is admissible as evidence in relation to a
matter mentioned in section 6(2), 9 or 14; and
(c) the Attorney-General must tender the submission in evidence.
86 Victim submissions not to be disclosed without consent
(1) This section applies if a person makes a victim submission but has
not given written consent for it to be disclosed to the offender.
(2) Neither a court, the Director of the CVSU nor the Attorney-General
may disclose the submission to the offender.
(3) A court:
(a) may have regard to the submission; and
(b) in deciding the weight to be given to the statement, may have
regard to the absence of consent and the non-disclosure to
the offender.
Part 8 Medical assessments and victim submissions
Division 3 Supervision reports
Serious Sex Offenders Act 2013 35
(4) A court may disclose the substance of the statement to the
offender, or the offender's legal representative, but only if satisfied
that doing so could not reasonably be expected to lead to the
identification of the victim or the registered person.
87 No inference to be drawn from no victim submission
(1) The fact that a victim submission has not been received from a
particular victim (or a registered person for the victim) does not, of
itself, give rise to an inference:
(a) that the offender's offending had little or no impact on the
victim or registered person; or
(b) that the victim or registered person has no interest in the
outcome of the proceeding.
(2) The fact that no victim submissions have been received does not,
of itself, give rise to an inference:
(a) that no person has suffered harm as a result of the offender's
offending; or
(b) that the offender is not a serious danger to the community; or
(c) that the offender should not be subject to a continuing
detention order or supervision order.
Division 3 Supervision reports
88 Commissioner of Correctional Services to prepare report for
Attorney-General
(1) This section applies if the Commissioner of Correctional Services is
required under section 27, 35, 42, 56 or 69 to prepare a supervision
report about a person.
(2) As soon as practicable after the requirement to prepare the report
arises, the Commissioner must:
(a) prepare a written report in accordance with subsection (3);
and
(b) give the report to the Attorney-General.
(3) The report:
(a) must include the Commissioner's opinion as to whether, if a
supervision order is made in relation to the person or the
person's supervision order is continued in force, it would be
Part 9 Procedure
Division 1 Applications
Serious Sex Offenders Act 2013 36
reasonably practicable for the Commissioner to ensure that
the person is appropriately managed and supervised as
required under section 63; and
(b) may include any requirements that, in the Commissioner's
opinion, ought to be included in the order if it is made or
continued in force; and
(c) must include the grounds for the Commissioner's opinions
under paragraphs (a) and (b).
89 Report to be produced to court
If a report is required to be prepared under section 88:
(a) the report is admissible as evidence in relation to a matter
mentioned in section 9 or 14; and
(b) the Attorney-General must tender the report in evidence.
Part 9 Procedure
Division 1 Applications
90 Form and content of applications
(1) An application to a court under this Act must:
(a) state the terms of the order being sought; and
(b) be accompanied by any affidavits the applicant intends to rely
on in relation to the application; and
(c) subject to this Act, be made in accordance with the Supreme
Court Act 1979.
(2) The applicant must serve the application (including any
accompanying documents) on the respondent within 7 business
days of the application being filed.
91 Respondent may file affidavits in response
(1) If the respondent intends to rely on an affidavit in relation to the
application, the respondent must:
(a) file the affidavit with the court; and
(b) serve a copy of it on the applicant.
Part 9 Procedure
Division 2 General matters
Serious Sex Offenders Act 2013 37
(2) The affidavit must be filed and served within the time allowed by the
Court or the Registrar of the Supreme Court.
92 Content of affidavits
(1) An affidavit must be confined to evidence the person making it
could give if giving evidence orally.
(2) However, an affidavit may contain statements based on information
and belief if the person states the sources of the information and
the grounds for the belief.
93 Discontinuance
(1) This section applies if:
(a) a person has made an application to a court under this Act;
and
(b) the application has not been finally determined.
(2) The applicant may discontinue the application by filing a notice of
discontinuance at the court.
(3) The application is taken to have been finally determined when the
notice is filed.
Division 2 General matters
94 Nature of proceedings
(1) All proceedings under this Act (including a proceeding under Part 5,
Division 2) are civil proceedings.
(2) An application for a warrant or summons made under section 48 is
an ex parte proceeding.
(3) The parties to any other proceeding are:
(a) in a proceeding under Part 3 – the Attorney-General and the
person in relation to whom the continuing detention order or
supervision order is sought; and
(b) in a proceeding relating to a continuing detention order or
supervision order – the Attorney-General and the detainee or
supervisee.
(4) The proceedings are to be conducted in accordance with the law
(including the law of evidence) applicable to civil proceedings
unless this Act provides otherwise.
Part 9 Procedure
Division 2 General matters
Serious Sex Offenders Act 2013 38
(5) This section does not apply in relation to a prosecution for an
offence.
95 Standard of proof
(1) The standard of proof as to whether a person is a serious danger to
the community is as mentioned in section 7(1).
(2) The standard of proof for all other matters under this Act is the
balance of probabilities.
(3) This section does not apply in relation to a prosecution for an
offence.
96 Duty of Attorney-General to disclose relevant material
(1) In a civil proceeding under this Act, the Attorney-General has the
same duty to disclose relevant material as the prosecution has in a
criminal proceeding.
(2) The Attorney-General must disclose the material as soon as
practicable after the proceeding commences.
(3) In this section:
relevant material means information and things that are relevant to
the proceeding and that are in the possession of, or available to,
the Attorney-General or Commissioner of Correctional Services,
whether or not intended to be tendered in evidence.
97 Evidence
(1) This section applies in relation to a civil proceeding under this Act.
(2) If it is relevant, any of the following is admissible as evidence in
relation to a matter mentioned in section 6(2), 9 or 14:
(a) a medical, psychiatric or psychological report about the
affected person;
(b) evidence of the affected person's criminal history in the
Territory or elsewhere;
(c) evidence of the extent to which the affected person has
complied with any of the following that apply, or have
previously applied, to the affected person:
(i) a supervision order;
(ii) the Child Protection (Offender Reporting and
Registration) Act 2004;
Part 9 Procedure
Division 2 General matters
Serious Sex Offenders Act 2013 39
(iii) an order under Part 3, 4 or 5 of the Sentencing Act 1995;
(iv) a domestic violence order under the Domestic and
Family Violence Act 2007;
(v) a parole order;
(vi) conditions imposed on a grant of bail under the Bail
Act 1982;
(d) evidence of whether the affected person has made efforts to
address causes of his or her offending behaviour and, if so,
the effectiveness of those efforts;
(e) a transcript of any proceeding against the affected person for
a serious sex offence;
(f) the reasons for decision or sentencing remarks of the
sentencing court when the affected person was sentenced for
a serious sex offence;
(g) statistical information as to the likelihood of persons with
histories and characteristics similar to those of the affected
person committing serious sex offences.
(3) This section does not:
(a) require a party to a proceeding to tender evidence mentioned
in subsection (2); or
(b) prevent a party to a proceeding from tendering any other
evidence.
(4) In this section:
affected person means:
(a) in a proceeding under Part 3 – the person in relation to whom
the continuing detention order or supervision order is sought;
or
(b) otherwise – the detainee or supervisee.
Notes for section 97
1 Sections 82 and 85 require the Attorney-General to tender in evidence
medical reports prepared under medical assessment orders and victim
submissions.
2 In a criminal proceeding for an offence against this Act, the ordinary rules
of evidence applicable in criminal proceedings will apply.
Part 9 Procedure
Division 2 General matters
Serious Sex Offenders Act 2013 40
98 Records as evidence of supervisee's conduct
(1) This section applies in relation to any civil or criminal proceeding in
which a supervisee's compliance with a supervision order is
relevant.
(2) If they are relevant, the following are admissible as evidence of the
supervisee's conduct:
(a) records generated by or through an approved monitoring
device;
(b) notebooks, diaries or other records kept by a probation and
parole officer.
99 Certain matters may be decided on papers
(1) This section applies in relation to the following proceedings:
(a) a preliminary hearing under section 25;
(b) an application to extend a final supervision order on an interim
basis under section 37;
(c) an application to amend a supervision order under Part 4,
Division 2.
(2) The Supreme Court may determine the matter entirely or partly
from a consideration of the documents filed in relation to the matter,
without the affected person or witnesses appearing.
(3) The Court may do so without the affected person consenting to, or
being heard on, the matter being decided in that way.
(4) In this section:
affected person means:
(a) for a preliminary hearing under section 25 – the person in
relation to whom the continuing detention order or supervision
order is sought; or
(b) otherwise – the detainee or supervisee.
100 Court may give directions
In any proceeding under this Act a court may give directions in
relation to the conduct of the proceeding on application or on its
own initiative.
Part 10 Appeals
Serious Sex Offenders Act 2013 41
101 Court must give reasons for final order
When making a final continuing detention order or final supervision
order a court must give detailed reasons for making the order.
Part 10 Appeals
102 Right of appeal
(1) The Attorney-General or a person in relation to whom the Supreme
Court makes a decision under this Act (the original decision) may
appeal to the Court of Appeal against that decision.
(2) The appeal may be on matter of fact, law or fact and law.
Note for section 102
The Rules of Court under the Supreme Court Act 1979 set out the procedure for
making an appeal, including the form and content of the notice of appeal and
requirements for service.
103 Appeal does not stay decision
An appeal against a decision does not stay the operation of the
original decision unless the Court of Appeal orders otherwise.
104 Nature of appeal
(1) The appeal is to be by way of rehearing and is not an appeal de
novo.
(2) The Court of Appeal may receive further evidence as it considers
appropriate.
105 Interim orders pending hearing of appeal
(1) This section applies if an appeal has been made under section 102
but has not been finally determined.
(2) The Court of Appeal may make an interim continuing detention
order or interim supervision order in relation to the person the
subject of the original decision pending determination of the appeal.
106 Decision on appeal
(1) After hearing an appeal, the Court of Appeal must do one of the
following:
(a) confirm the original decision;
(b) vary the original decision;
Part 11 General matters
Serious Sex Offenders Act 2013 42
(c) set aside the original decision;
(d) set aside the original decision and replace it with the Court of
Appeal's own decision;
(e) set aside the original decision and remit the matter back to the
Supreme Court for reconsideration.
(2) If it remits a matter under subsection (1)(e), the Court of Appeal
may give directions to the Supreme Court as it considers
appropriate.
(3) The Court of Appeal may make any ancillary orders it considers
appropriate.
107 Interim orders pending rehearing after appeal
(1) This section applies if the Court of Appeal has remitted a matter to
the Supreme Court under section 106(1)(e) but the matter has not
been heard by the Supreme Court.
(2) The Court of Appeal may make an interim continuing detention
order or interim supervision order in relation to the person the
subject of the remitted matter pending the hearing of the matter by
the Supreme Court.
Part 11 General matters
108 Name changes
(1) A person commits an offence if:
(a) the person applies under a name registration Act to register a
change of the name of a detainee or supervisee; and
(b) the Commissioner of Correctional Services has not given
written permission for the application to be made.
Maximum penalty: 50 penalty units or imprisonment for
6 months.
(2) An offence against subsection (1) is an offence of strict liability.
(3) In deciding whether to give the permission for subsection (1)(b), the
Commissioner must have regard to each of the following:
(a) as the paramount consideration – the need to protect:
(i) victims of serious sex offences committed, or likely to be
committed, by the person; and
Part 11 General matters
Serious Sex Offenders Act 2013 43
(ii) the victims' families; and
(iii) members of the community generally;
(b) as a secondary consideration – the rehabilitation, care and
treatment of the detainee or supervisee.
(4) In considering the need for protection mentioned in
subsection (3)(a), the Commissioner must have regard to the
following:
(a) whether the proposed name change could be used to further
an unlawful activity or purpose;
(b) whether the proposed name change could be considered
offensive to victims of serious sex offences committed by the
detainee or supervisee or the victims' families.
(5) In this section:
name registration Act means the Births, Deaths and Marriages
Registration Act 1996 or an Act of another jurisdiction that allows a
person to register a change of his or her name.
Note for section 108
If a change of name is registered under the Births, Deaths and Marriages
Registration Act 1996 without the permission of the Commissioner of Correctional
Services, the Commissioner may direct the amendment be reversed (see
section 27A of the Births, Deaths and Marriages Registration Act 1996).
109 Commissioner of Correctional Services to provide information
to Attorney-General
(1) On request by the Attorney-General, the Commissioner of
Correctional Services must give to the Attorney-General any
information in the possession or control of the Commissioner that is
reasonably necessary to enable the Attorney-General to perform
the Attorney-General's functions under this Act.
(2) A person who gives the requested information to the
Attorney-General is not liable, civilly, criminally or under an
administrative process, for giving the information.
110 Attorney-General may obtain information from other persons
(1) On the written request of the Attorney-General, a person in
possession or control of information that relates to the behaviour, or
physical or mental condition, of a qualifying offender, supervisee or
detainee must give the information to the Attorney-General.
Part 11 General matters
Serious Sex Offenders Act 2013 44
(2) If a person fails to give the information to the Attorney-General
when requested, the Supreme Court may, on application by the
Attorney-General, order the person to do so.
(3) A person who gives information under this section is not liable,
civilly, criminally or under an administrative process, for giving the
information.
111 Costs of damage to equipment recoverable by Territory
If a supervisee damages an approved monitoring device or an
associated device, machine or equipment:
(a) the supervisee is liable to pay the costs of repairing or
replacing the device, machine or equipment; and
(b) the costs may be recovered from the supervisee as a debt due
to the Territory.
112 Offence to disclose certain information
(1) A person commits an offence if:
(a) the person:
(i) obtains information in the course of performing a
function connected with the administration of this Act or
exercising a power under this Act; or
(ii) is given information under section 112A; and
(b) the information is confidential and the person is reckless in
relation to that circumstance; and
(c) the person intentionally engages in conduct; and
(d) the conduct results in the disclosure of the information and the
disclosure is not:
(i) for a purpose connected with the administration of this
Act, including a legal proceeding arising out of the
operation of this Act; or
(ii) to a person who is otherwise entitled to the
information; or
(iii) authorised under section 112A; and
Part 11 General matters
Serious Sex Offenders Act 2013 45
(e) the person is reckless in relation to the result and
circumstance referred to in paragraph (d).
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) Strict liability applies to subsection (1)(a).
(3) If the information referred to in subsection (1) relates to a person, it
is a defence to a prosecution for an offence against that subsection
if the person has consented to the disclosure of the information.
Note for subsection (3)
In addition to the circumstances mentioned in this section, a person who
discloses information mentioned in this section will not be criminally responsible
for an offence if the disclosure is justified or excused by or under a law (see
section 43BE of the Criminal Code).
112A Authorised disclosures of information
(1) A person who obtains confidential information in the course of
exercising a power or performing a function connected with the
administration of this Act may disclose that confidential information
to another person if the person believes on reasonable grounds the
disclosure is necessary to:
(a) enable the other person to:
(i) facilitate the rehabilitation, care or treatment of a
relevant person; or
(ii) make an assessment of the other person's capacity to
facilitate the rehabilitation, care or treatment of a
relevant person; or
(b) reduce the risk of a relevant person committing a serious sex
offence or an offence of a sexual nature or engaging in any
conduct that threatens the safety of any person; or
(c) lessen or prevent a serious threat to the life, health, safety or
welfare of any person.
(2) The Commissioner of Correctional Services must make guidelines
in relation to the disclosure of information under this section to
ensure that disclosures are limited to the greatest extent that is
possible without interfering with the objects of this Act.
(3) In this section:
relevant person means a detainee, a supervisee or a person in
relation to whom an application under section 23 has been made.
Part 12 Transitional matters for Serious Sex Offenders Amendment Act 2021
Serious Sex Offenders Act 2013 46
112B Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted
to be done by the person in good faith in the exercise of a power or
performance of a function by the person under this Act.
(2) Subsection (1) does not affect any liability the Territory would, apart
from that subsection, have for the act or omission.
(3) In this section:
exercise of a power includes the purported exercise of the power.
performance of a function includes the purported performance of
the function.
113 Regulations
The Administrator may make regulations under this Act.
Part 12 Transitional matters for Serious Sex Offenders
Amendment Act 2021
114 Definitions
In this Part:
amending Act means the Serious Sex Offenders Amendment
Act 2021.
commencement means the commencement of section 3 of the
amending Act.
115 Application of section 22
To avoid doubt, for the purposes of section 22, it is immaterial when
a serious sex offence, as defined after the commencement, was
committed or when a person was charged or convicted of the
offence.
116 Application of section 104
Section 104, as in force after the commencement, applies in
relation to an appeal made after the commencement.
117 Supervision orders made before commencement
(1) On commencement, a requirement in an existing supervision order
that a supervisee must not commit a serious sex offence or an
offence of a sexual nature is taken to be a requirement that the
Part 12 Transitional matters for Serious Sex Offenders Amendment Act 2021
Serious Sex Offenders Act 2013 47
supervisee must not commit a serious sex offence or an offence of
a sexual nature as those terms are defined after the
commencement.
(2) However, a supervisee does not contravene a requirement of the
supervisee's existing supervision order if, before the
commencement, the supervisee committed an offence that was not
a serious sex offence or an offence of a sexual nature at the time
the offence was committed.
(3) In this section:
existing supervision order means a supervision order that was
made before the commencement and is in force on or after the
commencement.
Schedule 1 Serious sex offences
Serious Sex Offenders Act 2013 48
Schedule 1 Serious sex offences
section 4, definition serious sex offence
Criminal Code
Provision of Act Qualification
section 125B If the person produces child abuse material
section 125D,
186B, 201, 202B,
202C, 202D, 208H,
208HA, 208HB,
208J, 208JA,
208JB, 208JC,
208JD, 208JE,
208JF, 208JG,
208JH, 208JI,
208K, 208KA or
208KB
section 208LB,
208LC or 208LD
If the victim is under 16 years
section 208MA If the victim is under 18 years
Sex Industry Act 2019
Provision of Act Qualification
section 12
section 13
section 14
Schedule 1 Serious sex offences
Serious Sex Offenders Act 2013 49
Criminal Code (Cth)
Provision of Act Qualification
section 271.4 If the first-mentioned person intends or is reckless as to
whether the other person will be used to provide sexual
services
section 271.7 If the first person intends or is reckless as to whether the
other person will be used to provide sexual services
section 272.8
section 272.9
section 272.10
section 272.11
section 272.12
section 272.13
section 272.14
section 272.15
section 272.15A
section 272.18
section 272.19
section 273.6 If the person produces child abuse material
section 273.7
section 471.20 If the person produces child abuse material
section 471.22
section 471.24
section 471.25
section 471.25A
section 471.26
section 474.19 If the person transmits child pornography material
Schedule 1 Serious sex offences
Serious Sex Offenders Act 2013 50
section 474.22 If the person transmits child abuse material
section 474.23 If the person produces child abuse material
section 474.24A
section 474.25A
section 474.25B
section 474.26
section 474.27
section 474.27AA
section 474.27A
Schedule 2 Offences of a sexual nature
Serious Sex Offenders Act 2013 51
Schedule 2 Offences of a sexual nature
section 4, definition offence of
a sexual nature, paragraph (b)
Note for Schedule 2
Serious sex offences are also offences of a sexual nature (see section 4, definition offence of
a sexual nature, paragraph (a)).
Criminal Code
Provision of Act Qualification
section 125B If the person sells, distributes or possesses, or offers or
advertises for sale or distribution, child abuse material
section 176 If the offence intended to be committed or facilitated is a
serious sex offence
section 193 If the offence intended to be committed is a serious sex
offence
section 208HC or
208HD
section 208LB,
208LC or 208LD
If the victim is 16 years or more
section 208MA If the victim is 18 years or more
section 208N
section 220 or 221 If the offence intended to be committed is a serious sex
offence
Summary Offences Act 1923
Provision of Act Qualification
section 47AC
Criminal Code (Cth)
Provision of Act Qualification
section 272.20
Schedule 2 Offences of a sexual nature
Serious Sex Offenders Act 2013 52
section 273.6 If the person possesses or controls or distributes or
obtains child abuse material
section 273A.1
section 471.19
section 471.20 If the person possesses or controls, or supplies or obtains
child abuse material
section 474.22 If the person accesses child abuse material, causes child
abuse material to be transmitted to himself or herself,
makes available, publishes, distributes, advertises or
promotes child abuse material, or solicits child abuse
material
section 474.22A
section 474.23 If the person possess or controls, or supplies or obtains
child abuse material
section 474.23A
section 474.25C
Customs Act 1901 (Cth)
Provision of Act Qualification
section 233BAB If the tier 2 goods are items of child abuse material
ENDNOTES
Serious Sex Offenders Act 2013 53
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Serious Sex Offenders Act 2013 (Act No. 9, 2013)
Assent date 3 May 2013
Commenced 1 July 2013 (Gaz G24, 12 June 2013, p 2)
Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,
2014)
Assent date 4 September 2014
Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)
Statute Law Revision Act 2014 (Act No. 38, 2014)
Assent date 13 November 2014
Commenced 13 November 2014
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Sex Industry Act 2019 (Act No. 40, 2019)
Assent date 13 December 2019
Commenced 12 June 2020 (Gaz S35, 11 June 2020)
Serious Sex Offenders Amendment Act 2021 (Act No. 12, 2021)
Assent date 20 May 2021
Commenced 5 July 2021 (Gaz G25, 23 June 2021, p 1)
Criminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022)
Assent date 31 October 2022
Commenced 30 April 2023 (Gaz G8, 13 April 2023, p 1)
ENDNOTES
Serious Sex Offenders Act 2013 54
Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)
Assent date 17 August 2023
Commenced 25 March 2024 (Gaz S20, 22 March 2024)
Justice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)
Assent date 14 March 2024
Commenced pt 5, div 1: 30 October 2023 (s 2(2));
pt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other
Legislation Amendment Act 2022 (Act No. 28, 2022) and
Gaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2
Criminal Justice Legislation Amendment (Sexual Offences)
Act 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);
rem: 15 March 2024 (s 2(1))
Justice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)
Assent date 24 May 2024
Commenced pts 4 and 8: nc; pts 9 and 10: 1 July 2024 (s 2(3));
rem: 25 May 2024 (s 2(1))
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 12, 15, 22, 29, 50, 51,
62, 64, 79, 83, 90, 97, 102 and 108.
4 LIST OF AMENDMENTS
s 4 amd No. 27, 2014, s 57; No. 12, 2021, s 4
s 10 amd No. 27, 2014, s 57
s 11 amd No. 12, 2021, s 5
s 12 amd No. 27, 2014, s 57
s 14 amd No. 27, 2014, s 57
s 16 amd No. 27, 2014, s 57
s 18 amd No. 27, 2014, s 57
s 19 amd No. 12, 2021, s 6
ss 20 – 21 amd No. 27, 2014, s 57
s 22 amd No. 27, 2014, s 57; No. 4, 2024, s 52
s 27 amd No. 27, 2014, s 57
s 29 amd No. 27, 2014, s 57
s 35 amd No. 27, 2014, s 57
s 42 amd No. 27, 2014, s 57
s 46A ins No. 12, 2021, s 7
s 48 amd No. 27, 2014, s 57; No. 8, 2016, s 45; No. 12, 2021, s 8
s 49 amd No. 27, 2014, s 57; No. 8, 2016, s 45; No. 12, 2021, s 9
s 50 amd No. 8, 2016, s 45; No. 12, 2021, s 10
s 56 amd No. 27, 2014, s 57
s 59 amd No. 38, 2014, s 2
ss 63 – 64 amd No. 27, 2014, s 57
s 69 amd No. 27, 2014, s 57
s 79 amd No. 27, 2014, s 57; No. 12, 2021, s 11
s 80 amd No. 27, 2014, s 57
s 88 amd No. 27, 2014, s 57; No. 12, 2021, s 12
s 90 amd No. 12, 2021, s 13
s 91 amd No. 12, 2021, s 14
ENDNOTES
Serious Sex Offenders Act 2013 55
s 96 amd No. 27, 2014, s 57
s 98 amd No. 27, 2014, s 57
s 104 amd No. 12, 2021, s 15
ss 108 – 109 amd No. 27, 2014, s 57
s 112 sub No. 12, 2021, s 16
ss 112A –
112B ins No. 12, 2021, s 16
pt 12 hdg exp No. 9, 2013, s 137
ins No. 12, 2021, s 17
pt 12
div 1 hdg exp No. 9, 2013, s 137
ss 114 – 115 exp No. 9, 2013, s 137
ins No. 12, 2021, s 17
pt 12
div 2 hdg exp No. 9, 2013, s 137
ss 116 – 117 exp No. 9, 2013, s 137
ins No. 12, 2021, s 17
ss 118 – 119 exp No. 9, 2013, s 137
pt 12
div 3 hdg exp No. 9, 2013, s 137
ss 120 – 121 exp No. 9, 2013, s 137
pt 12
div 4 hdg exp No. 9, 2013, s 137
ss 122 – 124 exp No. 9, 2013, s 137
pt 12
div 5 hdg exp No. 9, 2013, s 137
ss 125 – 128 exp No. 9, 2013, s 137
pt 12
div 6 hdg exp No. 9, 2013, s 137
ss 129 – 134 exp No. 9, 2013, s 137
pt 12
div 7 hdg exp No. 9, 2013, s 137
ss 135 – 136 exp No. 9, 2013, s 137
pt 12
div 8 hdg exp No. 9, 2013, s 137
s 137 exp No. 9, 2013, s 137
sch 1 amd No. 40, 2019, s 38
sub No. 12, 2021, s 18
amd No. 20, 2023, s 43
sch 2 amd No. 8, 2016, s 45
sub No. 12, 2021, s 18
amd No. 24, 2022, s 35; No. 20, 2023, s 44; No. 9, 2024, s 42